Elizabeth Mitchell
          1888

Estate of Elizabeth Mitchell 1888
From LDS microfilm #2057239

Supreme Court of Newfoundland
---------------

Be it Remembered That on this 12^th day of June in the 51^st Year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and in the Year of our Lord One Thousand Eight Hundred and Eighty-eight personally appeared Thomas Mitchell of Saint John's in the Central District of Newfoundland, Baker, John Henderson of same place Commission Merchant and James D. Ryan of same place Grocer and Wine Merchant and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of Twelve thousand Dollars to be had, made and levied on their Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following :---

Now the Condition of this Obligation is such, that if the above bounden Thomas Mitchell as Administrator C.T.A. of the Estate and Effects of Elizabeth Mitchell late of Saint Johns Widow deceased, do make or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said Thomas Mitchell as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 12^th day of December next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of her death, or which at any time afterwards shall come into the hands or possession of him the said Thomas Mitchell or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the twelfth day of June which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-nine and afterwards from time to time as he shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.

Signed and sealed                                        Thomas Mitchell
in the presence of
                                                                      J. Henderson
P. Emerson                                                  James D. Ryan
Comm'r

Supreme Court of Newfoundland.
---------------

ST. JOHN'S }
To Wit          } I do swear that I believe that Elizabeth Mitchell late of St. Johns aforesaid, widow deceased, died with a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay her debts, so far as his Goods will extend: and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of my Administration into the Registry of the said Court, within six months from the date hereof, or when I shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased which she died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of six thousand dollars.

Sworn before me, at St. John's, the 12^th day of          Thomas Mitchell
June in the year of Our Lord One Thousand
Eight Hundred and Eighty-eight

Prescott Emerson
Commissioner of Affidavits

1888

Estate of Elizabeth Mitchell

late of St. Johns

In the Central District

Widow deceased

Dated 12^th June 1888

Admin c.t.a. granted to

Thomas Mitchell of
St. Johns Baker

Sureties
John Henderson
Jas. D. Ryan

Estate sworn under
            $6000.00

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

St. Johns }
To Wit     }

Robert J? Kent of St. John's Solicitor maketh oath and saith that on the twenty first day of April A.D. one thousand eight hundred and eighty five at St. Johns he this deponent was present and did see Elizabeth Mitchell late of St. Johns Widow the Testatrix named in the paper writing hereto 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 John Henderson of St. Johns Merchant the other subscribing witness thereto. That Deponent and said John Henderson then and there signed their names to such Will as such witnesses, in the presence of the said Testatrix and of each other and that at the time of the said Execution of the said Will the said Testatrix 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 second day of                    Robert J. Kent
June A.D. One Thousand
Eight Hundred and Eighty eight.

Geo. I. Adams
Commissioner of Affidavits

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

St. Johns }
To Wit     }

Robert J? Kent of St. John's Solicitor maketh oath and saith that on the thirtieth day of March A.D. one thousand eight hundred and eighty eight at St. Johns he this deponent was present and did see Elizabeth Mitchell late of St. Johns Widow the Testatrix named in the paper writing hereto annexed, duly sign publish and declare the said annexed paper writing as and for^{a codicil to her} last Will and Testament in the presence of this Deponent and of Henry Shea of St. Johns Doctor of Medicine the other subscribing witness thereto, That Deponent and said Henry Shea then and there signed their names to such will^Codicil as such witnesses, in the presence of the said Testatrix and of each other and that at the time of the said Execution of the said will^Codicil the said Testatrix 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 2^nd day of June A.D.                    Robert J. Kent
One Thousand Eight Hundred and
Eighty-eight

Geo. I. Adams
Commissioner.

In the name of God Amen.
I Elizabeth Mitchell of St. Johns in the Island of Newfoundland Widow do make publish and declare this as and for my last will and testament First, I direct that all my just debts funeral and testamentary expenses shall be paid. Second, I do hereby acquit, release, and discharge my son Thomas of and from all debts and sums of money by him due owing and payable to me, and I do give devise and bequeath to my said son Thomas the sum of One Hundred Pounds currency and also that part of my household property situate in the East side and to the Eastward of Prescott Street in St. Johns aforesaid upon which the stable and Coach house now stand and also that part thereof which lies between the said stable and Coach house and Kehavan's? lane but upon and subject to the condition that he do and shall each year pay for the same the sum of six dollars per year as his share of the rent in and by the Lease of the said property reserved and made payable and also do and shall observe perform ??? and keep the ----- covenants and agreements in the said Lease mentioned and contained as shall or may apply to the share of the said Leasehold premises (sic) hereby bequeathed to him. Third As regards the remainder of my said Leasehold property I give devise and bequeath the same to my sons Bryan John and Timothy in equal shares and proportions between them but upon and subject to the condition that they shall pay each year the remaining part of the rent in and by the lease of the said property ??? and made payable and also shall observe and perform the covenant and agreement in the said Lease mentioned and contained as shall or may apply

to the share of the said Lease hold property hereby bequeathed and left to them. Fourth, I give devise and bequeath to my son Peter all those lands and premises situate near St. Johns aforesaid and known as Newtown Farm but in the event of his dying without leaving lawful issue him surviving then I give devise and bequeath the same to my son Michael. Fifth I give devise and bequeath to my son Michael the sum of Two hundred and fifty pounds currency. Sixth, I give devise and bequeath to my daughter Mary the sum of One hundred pounds currency. Seventh, I give devise and bequeath to my son John the sum of two hundred pounds currency. Eighth, as regards my lands and premises with Cottage thereon situate on Freshwater Road near St. Johns and now let to William Quigley I direct that the rents thereof shall until the expiration of the lease under which the said Quigley holds be paid to my daughter Mary, from? and after the expiration of the said Lease the said Land and premises shall become and be the property of my son Bryan. Ninth, I give devise and bequeath to my son Timothy all my lands and premises situate on Barters Hill in St. Johns. Tenth, as regards my land and premises situate on the Pennywell road near St. Johns and now let to John and Thoma? Coady I direct that the rents thereof shall until the expiration of the Lease under which the said Coadys hold it be paid to my son John Mitchell and from and after the expiration of the said Lease the said premises shall be and become the property of my son Timothy. Eleventh, I give devise and bequeath to Bessie the new wife of my said son

Thomas the sum of Fifty pounds currency for his own sole use and benefit. Twelfth. I give devise and bequeath to my grand daughter Carrie daughter of my said son Thomas the sum of Fifty pounds Currency and direct that the same be paid to her said father to be by him held in trust for the said Carrie until she shall attain the age of twenty one years. Thirteenth, As regards my household furniture and effects and all cows and cattle of which I may die possessed I direct that the same shall be sold and the proceeds of such sale after payment of all expenses attendant thereon shall be divided in equal shares between my daughter and my said sons. Fourteenth. I direct that my shares in the Commercial Bank of Newfoundland and in the St. Johns Nail Factory Limited shall be sold by my executors hereinafter named as it conveniently may be done after my decease and that the net proceeds of such sales shall be, after payment of all my just debts funeral and testamentary expenses, applied in payment of the money legacies herein bequeathed, and that if any surplus remain after such payments the same shall be paid in equal shares to and amongst my said daughter and sons, but should the balance of such net proceeds remaining after the payment of my said debts funeral and testamentary expenses not be sufficient to pay off the said money bequeathed in full then each of such bequests shall be reduced and paid in proportion to the said balance. Fifteenth. As regards any money which I may place in the Savings Bank of Newfoundland or in any other Bank or place in the name or names of any one or more of my said Children I hereby give devise and bequeath the same to the child or

(Transcriber's Note: In the left margin, a bracket encloses all between and including lines 5 to 9, ie. from "attain the age" - to "said sons." and a note, mostly illegible, has been written faintly beside it. It begins with "30/8/88 Mrs Mitchell..." Unfortunately, this transcriber is unable to decipher the remaining eight or nine words, with the exception of the signature of K.J. Kent)

Children in whose name the same now is or may hereafter be ??? placed. Sixteenth. I do hereby declare that all bequests herein made to my said daughter Mary are to her for her own sole use and benefit free of the debts liabilities and Control of her present or any future husband she may have. Seventeenth. I do hereby nominate and appoint my friends Robert J. Kent of St. John's Queen's Counsel and Henry Shea of same place Doctor of Medicine as executors of this my will and I do direct that the said Robert J. Kent shall be entitled to have and receive from and out of the assets of my Estate all such and the like fees and charges for any professional services which he shall r?? as in and about the probate of this my will and the management and settlement of my Estate as he would be entitled to if he were not appointed as such executor, and lastly, I do hereby revoke annul and declare void all wills by me heretofore made. Witness my hand at St. Johns this Twenty first day of April Anno Domini 1885.

Signed by the Testatrix as and
for her last will and testament in
our presence, who in her presence                    Elizabeth Mitchell
at the request and in the presence
of each other have hereto set our
hands as witnesses on the day and
year above written.

          J. Henderson
          Robert J. Kent

(Transcriber's note: This page is missing a large section of the right side and there is a loss of some data.)

I Elizabeth Mitchell of St. John's Widow do make publish and declare this as and for a Codicil to my last will and testament I ???? As regards my right title and whereat ???? farm land and premises at Logie Bay ????? John, now occupied by one Patrick Ca??? ??? give devise and bequeath the same to ???? Thomas. Second. I give devise and bequeath to my son Thomas all the articles of household and other furniture now in the bedroom in his house and occupied by me. Third. I give devise and bequeath to Bessie the now wife of my said Thomas the sum of eighty dollars towards the cost of educating and for the use of her son Timothy, the same to be paid to her by my executors provided I do not pay to her for the same purpose a like or a large sum during my lifetime. Lastly I do hereby confirm my said will in all other respects and nominate the executers? thereof as executors to carry into effect this Codicil. Witness my hand at S. John's this Thirtieth day of March AD 1888

Signed by he said Elizabeth
Mitchell as and for a Codicil to                    Elizabeth Mitchell
her last will and testament in
our presence

          J. Henderson
          Robert J. Kent

Newfoundland

In the Supreme Court
Central District
St. Johns

In the matter of the Estate of
Elizabeth Mitchell late of
St. Johns aforesaid, widow, deceased
I Henry Shea of St. Johns in the Central District aforesaid, Doctor of Medicine, make oath and say that I was nominated and appointed as Executor under the last will and Testament of Elizabeth Mitchell late of St. Johns aforesaid, Widow, deceased, and that I now freely and voluntarily renounce all right to act as such Executor and that I have not in any way intermeddled in the affairs of the said Estate.
Sworn before me at                                        Hy. Shea
St. Johns this 5^th day
of June AD 1888

P. Emerson
Comm'r

Newfoundland

In the Supreme Court
Central District
St. Johns S.S.

In the matter of the Estate of
Elizabeth Mitchell late of S. Johns
aforesaid, Widow deceased.
I, Robert J. Kent of St. Johns aforesaid, One of Her Majesty's Counsel, one of the Executors appointed under the last Will and Testament of Elizabeth Mitchell late of St. Johns aforesaid, Widow, deceased, make oath and say that I do freely and voluntarily renounce all right to act as Executor of the said last will and Testament of Elizabeth Mitchell, deceased, and that I have not in any way intermeddled with the affairs of the above Estate.
Sworn before me at S. Johns
this 2^nd day of June AD 1888                    Robert J. Kent
Geo. I. Adams
Comm'r

To the Honorable the Supreme Court of
Newfoundland or any one of the
Honorable the Judges thereof

The Petition of Thomas Mitchell of S. Johns

Humbly Showeth

that Elizabeth Mitchell formerly of St. Johns aforesaid widow of the late Timothy Mitchell formerly of the same place, Chief of Police, deceased, died at St. Johns on the twenty first day of May last past.
That said deceased made her last will and testament in writing with Codicil thereto, as hereto annexed.
That said will and Codicil have been duly proved in common form. That said testatrix left her surviving one daughter Mary now the wife of John B. Duguesnel, of St. Pierre Miquelon and resident there, and six sons, namely Bryan, John, Timothy, Peter, and Michael each one of whom is of full age and resident ??? the Jurisdiction of this honorable Court and your petitioner who is the only one of the Children of the said Testatrix who is now resident in Newfoundland. That said Testatrix died possessed of property of the probable value of about five thousand dollars.
That in and by her said Will and Codicil she nominated and appointed Robert J. Kent of St. Johns Queens Counsel and Henry Shea of same place Doctor of Medicine as Executors thereof. That each of the said Executors has duly renounced his said executorship

That no probate or administration of the estate of the said Testatrix has been hitherto granted.
Petitioner therefore prays that administration with the will annexed to the estate of the said deceased testatrix may be granted unto him and as in duty bound he will ever pray &c &c

Dated at S. Johns
this sixth day of June                              Thomas Mitchell
Anno Domini 1888
Robert J. Kent
Proctor for said petitioner

Supreme Court
Probate Side

In the matter of the will and Estate of Elizabeth Mitchell late of St. Johns Widow deceased
Thomas Mitchell of St. Johns Baker maketh oath and saith that he is the petitioner in the above written petition in this matter named and that the several matters and things in the said petition set forth are just correct and true.
Sworn before me at St. Johns
this 6^th day of June                              Thomas Mitchell
Anno Domini 1888

Geo. I. Adams
Comm'r Affdts

1888

Supreme Court
Probate Side

In re
The will and estate of
Elizabeth Mitchell
late of S. John's Widow
deceased

Petition for adm'n c.t.a.

Fiat. J. J. Little
A.J.

(Written to the side:)
So?          3.75
cer              .75
???           1.50
Proof       1.50
???           1.50
???           3.00
copy         3.00
Reg          3.00
???             .75
             $17.50

Certificate

I hereby certify that the notice on the other side, hereof contained, has been posted in the office of the Chief Clerk of the Supreme Court of St. John's, from the date thereof until this date, and that no caveat or other objection thereto has been filed or entered. Dated at the Court House in St. John's, this Sixth day of June Anno Domini 1888

Geo. I. Adams
ACSC

Notice

After three days application will be made to the Honor-able the Supreme Court or to a Judge thereof for letters of administration, with the will annexed, of the estate of Elizabeth Mitchell of St. Johns
Dated at St. John's, this 2^nd day of June Anno Domini, 1888

ROBERT J. KENT
Proctor for said Thomas Mitchell