James J. Milley
          1888

Estate of James J. Milley 1888
From LDS microfilm #2057239

NEWFOUNDLAND }
In the Supreme Court }

AFFIDAVIT.
---------

You shall swear that you believe this to be the true Last Will and Testament of James J. Milley late of Saint Johns in the Central District, Barrister at Law 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 James J. Milley deceased, and of which he died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of ten thousand five hundred dollars

So help you God

Sworn before me at St. John's                    Caroline Milley
this sixth day of February A.D. 1888
by the said Caroline Milley and                 J.E.P. Peters
J.E. P. Peters

          Geo .I. Adams
Commissioner of Affidavits, Supreme Court

1888

Estate of James J. Milley

late of St. Johns

In the Central District

Barrister at Law deceased

Dated 6^th Feb'y 1888

Probate granted to Caroline
Milley & J.E.P. Peters
the Executors named in the Will

Estate sworn under $10,500

          This is the last Will and Testament of me James J. Milley of St. Johns Newfoundland.

          I devise and bequeath unto my mother Caroline Milley all my estate and effects of which I shall be possessed at the time of my decease as hereinafter set forth.

          First I devise and bequeath unto her all my right title and interest in that parcel of land situate on South West Street in the town of St. Johns being a leasehold interest in the same for a period of fifty years and to the two dwelling houses erected thereon to hold the same in her own right and to her separate use to deal with as she may think fit from any control whatsoever.

          Secondly I bequeath unto her all my interest in Policy No 1430 of Class "B" and all my interest in Policy No. 1672 Class     "C" of the Sons of Temperance ???? National Relief Society and

all my interest in any other Policy of Life Insurance which I may have upon my life at the time of my decease provided that if? after the payment of all my just debts, including mortgage upon one of the dwelling houses on South West Street and the sum of Fifteen Pounds currency promised by me as a donation towards the erection of a New Methodist Academy, there shall be in the hands of my executor a sum of money exceeding three hundred pounds currency then (several words obliterated by a fold or crease in the sheet - Transcriber) and the same shall be invested upon good security and the interest accruing thereon? from time to time shall be payable to my mother as long as she shall live and after her death the interest shall be payable to the Directors of the St. Johns Methodist Academy to be by them applied to the purposes of education in whatever way they may think fit.
          I appoint my mother Exec-

utrix and John E. P. Peters Executors of this my last Will and Testament.

          St. Johns May 29: 1885
          James J. Milley

Will

James J Milley

Filed Jany 11/88

Fiat
N.S. Pinsent
A.J.

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

          The Petition of Caroline Milley of Saint Johns in the Island of Newfoundland and of John J.P. Peters of the same place

Humbly Sheweth

          That James J. Milley of Saint Johns aforesaid Barrister at Law died at that place on the sixth day of January instant having previously made his last Will and Testament and appointed your petitioner executor thereunder
That hereunto annexed is the Last Will and Testament of the said deceased.
That at the time of his death the deceased was possessed of property within the jurisdiction of this Honourable Court to the probable value of Ten thousand dollars.
That no application for Probate to the said Will or Administration to the Estate of the said deceased has heretofore been made or granted in the Honourable Court.
          Your Petitioners therefore pray that Your Honourable Court or one of your Lordships the Judges thereof will be pleased to grant this Probate to the hereunto annexed will of the said James J. Milley deceased.
          And as in duty bound will ever pray &c
          At Saint John's aforesaid this 13^th day of January AD one thousand eight hundred and eighty eight

Caroline Milley
J.E. P. Peters

Supreme Court

Newfoundland }
St Johns to wit } John E.P. Peters of Saint Johns aforesaid Commission Merchant one of the Petitioners named in the foregoing Petition maketh oath and saith that the several matters and things therein contained and set forth are correct and true

Sworn before me at Saint
John's aforesaid this 13^th                              J.E.P. Peters
day of January A D 1888

Geo. I. Adams
Comm'r afdts

Supreme Court

In the matter of the
Will of James J. Milley
of Saint Johns Barrister
at Law deceased

The Petition of the Executors
praying for Probate to the
said Will

Supreme Court of Newfoundland

Saint Johns }
To Wit         } William H. Horwood of Saint Johns aforesaid Barrister at Law maketh oath and saith that hereunto annexed is a paper writing purporting and expressed to be the Last Will and Testament of James J. Milley late of Saint Johns aforesaid Barrister at Law deceased
          That this deponent found the said paper writing amongst the papers of the said James J. Milley contained in his safe at his office
          That the handwriting of the said Testator James J. Milley is well known to Deponent and Deponent has on different occasions seen the said Testator write his signature
          That the Will hereunto annexed is in the true and proper handwriting of the said Testator and that the signature at the foot thereof and purporting to be the signature of the said Testator is of the true and proper handwriting of the said Testator.
          That at the time of the execution or date of the said Will the 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 11^th day of                    William H. Horwood
January AD One thousand eight
hundred and eighty eight.

          P. Emerson
          Comm'r