Ellen Kelly
          1888

To the Honourable the Supreme Court or one of their Lordships the Judges thereof:

The Petition of Anastatia Kelley of Saint John's Spinster

Humbly Sheweth

That Ellen Kelley of Saint John's aforesaid Widow died at this place on the Thirtieth day of October last past having previously made her last Will and Testament which is herewith annexed and appointed Your Petitioner and Francis Gushue of Saint John's aforesaid Tinsmith Executors of her last Will and Testament.
That at the time of her decease the said testator was possessed of property within the jurisdiction of this Honorable Court to the probable value of less than two thousand dollars.
That no application for Probate of the said Will or for Administration to the estate and effects of the said Ellen Kelley deceased has heretofore been made to this Honourable Court.
          Your Petitioners therefore hereby pray that Your Honourable Court or one of Your Lordship's the Judges thereof will be pleased to grant to Your Petitioners and the said Francis Gushue probate of the said last Will and Testament of the said Ellen Kelley deceased
          And as in duty bound Your Petitioners will ever pray
          At Saint John's this seventh day of November A.D. 1888

Anastatia Kelly

Supreme Court

Newfoundland   }
St. John's to wit } Anastatia Kelley of Saint John's aforesaid Spinster the Petitioners named in the foregoing Petition maketh oath and saith that the several matters therein contained and set forth are correct and true

Sworn before me at St. John's
aforesaid this 7^th day of                              Anastatia Kelley
November A.D. 1888

Geo. I. Adams
Comm'r Affdts

Supreme Court

in the matter of the Last Will
and Testament of Ellen Kelley
of St. John's widow

Petition for Probate

          This is the last Will and Testament of me Ellen Kelley of St. John's Widow. I revoke all former Wills and Codicils by me made.
          I devise and bequeath to my daughter Anastatia the dwelling house and shop now occupied by me and all my right title and interest in the land upon which the said house is built and the garden and out houses attached thereto. Also all the abode in the said shop and all the house hold furniture which shall be in the said house at the time of my decease, and also my Bank Book and whatever sum or sums of money shall be in the Savings Bank at the time of my decease in my name.
          I devise and bequeath to my daughter Mary Ellen wife of Samuel Dawe that dwelling house situate same? street? and to the South of the dwelling house in which I now reside and all my interest in the land upon which the same is built to her sole and separate use free from the control of her present or any future husband whom she may marry, the same to be hers for life and upon her death to go to my daughter Anastatia.
          I devise and bequeath to my daughter Catherine that dwelling house situate on South Street to the eastward of the dwelling house in

which I now reside and adjoining the dwelling house occupied by one? Keefe? and all my interest in the land upon which it is built as long as she shall live and upon her decease to my daughter Anastatia.
          I appoint my friend Francis Gushue and my daughter Anastatia executors of this my last will and Testament.
          Signed published and declared by the said testator as and for her last will and testament in the presence of us who in her presence at her request and in the presence of each other have hereto subscribed our names as witnesses.
          April 25: 1887

James J. Milley                              Ellen Kelley

Richard Bourke
Witnesses

SUPREME COURT OF NEWFOUNDLAND
---------------

Saint John's }
To Wit          }
          Richard Bourke of Saint John's aforesaid Joiner maketh oath and saith that on the twenty fifth day of April A.D. one thousand eight hundred and eighty seven at Saint Johns aforesaid he this Deponent was present and did see Ellen Kelley late of Saint Johns Widow the Testator named in the paper writing hereunto annexed duly sign publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of James J. Milley the other subscribing witness thereto. That Deponent and said James J. Milley then and there signed their names to such Will as such witnesses, in the presence of the said Testator and of each other and that at the time of the said Execution of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

Sworn before me at St. Johns
aforesaid, this 7^th day of                              Richard Bourke
November A.D. One Thousand
Eight Hundred and Eighty Eight

Geo. I. Adams
Commissioner

Supreme Court

In the matter of the Last Will
and Testament of Ellen Kelley
of St. John's Widow

(Seal of Registrars Office, St. John's
Nov 7 1888 Newfoundland, inserted)

Petition and Affidavit

Fiat

F.B.T. Carter
J.P.

Exp?          3.75
D                  .50
Will              .75
Re?               .75
Proof          1.50
A?               1.25
                  $8.50

Newfoundland
In the Supreme Court

AFFIDAVIT

You shall swear that you believe this to be the true Last Will and Testament of Ellen Kelly late of St. John's in the Central District of Newfoundland, Widow, deceased,
You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you: and that you will exhibit a true, full and perfect Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Ellen Kelly Deceased, and of which she died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of two thousand Dollars

So help you God

Sworn before me at St. John's
this 9^th day of                                                  Francis Gushue
November A.D. 1888 by the said                   Anastatia Kelly
Francis Gushue and the said
Anastatia Kelly

Geo. I. Adams
Commissioner of Affidavits
Supreme Court

1888

Estate of Ellen Kelly

late of St. Johns

In the Central District

Widow deceased

Dated 9^th November 1888

Probate granted to Francis Gushue
and Anastatia Kelly the Executors
named in the said Will

Estate sworn under $2000.00