Thomas Kelly
          1888

In the Name of God, I, Thomas Kelly of St. John's, Farmer, make this as and for my last Will and Testament. After the payment of my just debts, funeral and testamentary expenses, I give devise and bequeath to my Executor hereinafter named all the lands houses, monies goods chattels and effects of which I may die possessed or entitled to, in trust ???be use and apply the rents issues and profits thereof unto the use support and maintenance of my beloved wife Sarah during her natural life, and after her death to apply the same to the use support and maintenance of my youngest Son Michael (illegible insert) without? power of Sale of the said land and houses aforesaid, And after the deaths of my said wife and son to divide my land and property as follows, namely all my land on the south side of the Waterford Bridge River, from the lower and most western garden fence in front of my house, and re???ing back ten (10) feet, to the Westward of and round the House Eastwardly (including the House, ???s, and all goods and effects then theren) until the brook is reached, and all my land to the Eastward of the said brook to be assigned to my surviving daughters and their heirs forever, share and share alike,
All my land to the westward of the above described land to be assigned to my surviving sons and their heirs forever, share and share alike.
I appoint John MCNeil Esquire of S John's aforesaid Druggist to be my Executor. In witness whereof

I have hereto subscribed my hand at St. John's Newfoundland this fifth day of June Anno Domini One thousand Eight hundred and Eighty Seven.

Signed and declared as
and for his last Will and
testament by Thomas Kelly                                        his
the testator, on the day of the                        Thomas X Kelly
date hereof in presence of us                                      mark
who in presence of and at the
request of testator and in
presence of each other ???
as attesting witnesses

John Macy

James Chafe

???th servants? in the
employ of John?? ???

Last Will and
Testament of
Thomas Kelly of S. John's
Farmer ______

To the Honorable the Supreme Court or one of the Judges thereof,

The Petition of John McNeil of Saint John's

Sheweth

That Thomas Kelly of St. John's Farmer - died on or about the 18^th of September Eighteen hundred & Eighty seven, having previously made and published his last Will and Testament hereto annexed and by which he appointed your Petitioner the Executor thereof.
That the execution of the said Will has been duly proved upon the affidavit of James Chafe one of the Signing Witnesses thereto - that said Thomas Kelly left surviving him his Widow and seven children - that he was possessed of property at the time of his death of the probable value of Eight Hundred dollars
The Petitioner humbly prays the said Will of Thomas Kelly be admitted to probate and he as executor be entrusted with the execution thereof
          And as in duty bound &c

Jno mcneil

Newfoundland
St. Johns          1888

John McNeil of St. Johns maketh oath and saith that the Contents of the foregoing Petition are Correct and true to the best of Deponents Knowledge and belief

Sworn before me at
St. Johns this 1^st day
of February 1888                              Jnomcneil

P. Emerson
Comm'r

Fiat
J I Little
A.J.

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT

James Chafe of St. Johns Labourer maketh oath and saith that on the fifth day of June A.D. one thousand eight hundred and eighty seven at St. Johns aforesaid he, this Deponent, was present and did see Thomas Kelly late of St. Johns Farmer the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of John Macey the other subscribing witness thereto. That Deponent and said John Macey then signed their names to such Will as such witnesses, in the presence of the said Testator and of each other. That previously to the said Will being so signed as aforesaid, by the said Testator and the said witnesses, it was read over and approved of by the said Testator in the presence of Deponent and the said John Macey and that at the time of the said execution of the said Will and 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                              James Chafe
First day of February
A.D. One Thousand Eight
Hundred and Eighty eight

P. Emmerson
Commissioner

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT
---------------

You shall swear that you believe this to be the true Last Will and Testament of Thomas Kelly late of St. John's in the Central District Farmer 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 Thomas Kelly deceased, and of which he died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of Nine hundred dollars.

So help you God

Jno.mcneil

Sworn before me at St. John's
this First day of
February A.D. 1888

P. Emmerson
Commissioner of Affidavits
Supreme Court

1888

Estate of Thomas Kelly

late of St. Johns

In the Central District

Farmer deceased

Dated 1^st February 1888

Probate granted John McNeil
Druggist the Executor named
in the Will

Estate sworn under $900.00