Thomas Brown
          1889

Estate of Thomas Brown 1889
From LDS microfilm #2057543

Notice

After three days from the date hereof Application will be made to the Supreme Court or to one of the Judges thereof for Letters of Probate of the last Will and Testament of Thomas Brown late of Joe Bat's (sic) Arm in the Northern District, deceased, to be granted to James Rolls Junior, one of the Executors named in said Will.
          St. John's, March 23^rd A.D. 1889
                                                  McNeily & McNeily
(Stamp)                                    Proctors for said Executor.
REGISTRARS OFFICE
ST. JOHN'S
MAR 23 1889
NEWFOUNDLAND
GJA

Certificate

I certify that the notice written on the other side hereof has been posted in my Office from the day of the date thereof until this date and that no caveat was entered or other objection taken thereto.
          St. John's, June 26^th A.D. 1889
Geo. J. Adams
Act C.C. & Reg.

SUPREME COURT OF NEWFOUNDLAND

FOGO
TO WIT
Thomas Deady of Joe Bats Arm maketh oath and saith that on the twenty fourth day of May A.D. one thousand eight hundred and eighty seven at Joe Bats(sic) Arm aforesaid he, this Deponent, was present and did see Thomas Brown late of Joe Bats(sic) Arm, 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 Philip Curnew 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 Fogo
aforesaid, this 11^th day of                              Thomas Deady
June A.D. One Thousand
Eight Hundred and Eighty
Nine.
Jas. Fitzgerald
Commissioner, Supreme Court

CODICIL
I Thomas Brown, the Testator named in the foregoing Will do further devise and bequeath to my son John Brown house, stores and all the rooms at present occupied by me.
In witness whereof I have hereunto set my hand and seal at Joe Bats Arm, this twenty fourth day of May 1887 - having been first read over.

In presence of Thomas Deady,
Philip Connor who, in presence
of the Testator, and in presence
of each other, have signed our
names as witness.

Jas. Fitzgerald
Commissioner, Supreme Court

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
Maria Rolls, wife of James Rolls of Barr'd Islands in the Northern District of Newfoundland, Merchant, maketh oath and saith that on the 23^rd day of March A.D. one thousand eight hundred and Eighty Seven at Barr'd Island, District of Fogo, she, this Deponent, was present and did see Thomas Brown late of Joe Bats Arm, Fogo, Fisherman, 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 *^{a codicil to} his last Will and Testament, in the presence of this Deponent and of Horace M. Herbert, the other subscribing witness thereto. That Deponent and said Horace M. Herbert then signed their names to such Will*^Codicil as such witnesses, in the presence of said Testator and of each other - That previously to the said Will*^Codicil being so signed as aforesaid by the said Testator and the said witnesses, it was read over to, and approved of by, the said Testator in the presence of Deponent and the said Horace M. Herbert and that at the time of the said execution of the said Will*^Codicil 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. John's                              Maria Rolls
aforesaid, this 27^th day of
April A.D. One Thousand Eight
Hundred and Eighty Nine.
Geo. J. Adams
Commissioner, S.C.
*Initials GJA in left margin.

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
Samuel Colton of St. John's in the Central District of Newfoundland, Storekeeper, maketh oath and saith that on the 21^st day of March A.D. one thousand eight hundred and *eighty^{seventy four} at Barr'd Island, District of Fogo he, this Deponent, was present and did see Thomas Brown late of Joe Bats Arm, Fogo, Fisherman, 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 Horace M. Herbert and Maria Rolls the other subscribing witnesses thereto. That Deponent and said Horace M. Herbert and Maria Rolls 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 to, and approved of by, the said Testator in the presence of Deponent and the said Horace M. Herbert and Maria Rolls 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. John's                    Samuel Colton
aforesaid this 25^th day of
March A.D. One Thousand Eight
Hundred and Eighty Nine.
Geo J. Adams
Commissioner of Affidavits
Supreme Court
*Initials GJA in left margin.

I Thomas Brown of Joe Bats Arm, being sound and in my right mind, to hereby declare this my last Will and Testament and now living on the aforesaid Joe Bats Arm of Fogo, Newfoundland, and do hereby give and bequeath whatever monies & properties I am possessed of as follows:
I give and bequeath to my wife Mary Brown, the Interest of whatever monies I am possessed off(sic) and I further give & bequeath to my said Wife the dwelling house, situate in Joe Bats Arm aforesaid that I now reside in together with all the furniture therein contained for her sole use & benefit during the term of her natural life, after my wife's death, the said dwelling house together with all the furniture therein contained I give & bequeath to my son George Brown for his sole use & benefit. After the death of my said wife Mary Brown - I give & bequeath to my daughter Charlotte Stricklass of Joe Bats Arm the sum of sixty pounds currency. Also ten pounds currency to George Thomas Owen Ten pounds currency to Frederick Owen, ten pounds currency to

Page 2

Isaac William Owen, ten pounds currency to Joseph Henry Owen. I do also order & direct that after the above sums are paid, the remaining portion or balance is to be equally divided between my two sons, John Brown & George Brown, together with the fishing room now occupied by me, half of which room is to be given to each of my aforementioned sons.
And I hereby appoint Mr. James Rolls Junr & Mr. Andrew Pearce both of Barr'd Islands to be Executors of this my last Will and Testament and I further declare that the said executors for the time being of this my last Will & Testament shall respectfully be chargeable, only with such monies as they shall respectfully and actually receive, and not be answerable for each other nor for my Banker, Broker, or any other persons in whose hands any of the trust monies shall be placed, nor for the insufficiency or deficiency of any stocks, funds, shares or securities nor for otherwise involuntary losses.
As witness my hand and seal this twenty first day of March, One

Page 3

Thousand Eight Hundred and Seventy Four.

Signed by the Testator in presence of us,                    Thomas X (his mark) Brown
present at the same time, who at his
request, in his presence, and in  the
presence of each other, have subscribed
our names as Witnesses.
Horace M. Herbert
Maria Rolls
Samuel Colton

Be it known unto all men by these presents that I Thomas Brown of Joe Bats Arm of Newfoundland having made my last will & testament, by this Codicil do ratify and confirm my said last Will and Testament, and do further bequeath to my daughter Charlotte Stricklass of Joe Bats Arm the further sum of one hundred pounds in addition to the amount mentioned in the said last Will and Testament.
Witness my xxxxxx hand this Twenty Third day of March Eighteen Hundred and Seventy Seven.
Thomas X (his mark) Brown

In presence of Maria Rolls
Horace M. Herbert?

To the Honourable the Supreme Court or to one of the Honourable the Judges thereof.

The Petition of James Rolls of Barred (sic) Islands in the Northern District of Newfoundland

Humbly Sheweth

That Thomas Brown late of Joe Bats Arm of Fogo in the Northern District died at that place on or about middle of February A.D. 1888 having first made his last Will and Testament which said Will is hereto annexed.
That under said Will your Petitioner and one Andrew Pearce were appointed Executors.
That said Andrew Pearce has since died.
That Testator died possessed of property of the probable value of Four Thousand Five Hundred Dollars.
That no probate or Administration has been granted to the Estate of the said Thomas Brown.
Petitioner therefore prays that probate to the said Will may be granted to him.
And as in duty bound he will ever pray &c &c.
Dated at St. John's this 25^th day of March A.D. 1889

James Rolls

Newfoundland
St. John's
James Rolls of Barr'd Islands in the Northern District, but at present of St. John's aforesaid, maketh oath and saith that the contents of the within petition are just and true to the best of Deponent's knowledge and belief.

Sworn before me at St. John's                              James Rolls
aforesaid this 25^th day of March
A.D. 1889
Jos. P. Carty
Commissioner, Supreme Court

Supreme Court

In the matter of the Estate
of the late Thomas Brown of
Joe Bats Arm of Fogo, deceased.

Petition for Probate
Fiat
J. J. Little
A. J.

(Written to the right of the above)
S??          3.75
A?              .50
2 proof    3.00
aff              .25
C??          1.75
Reg          1.75
               11.00

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT
----------

You shall swear that you believe this to be the true last Will and Testament of Thomas Brown late of Joe Bats Arm, Fogo, in  the Island of Newfoundland, Fisherman, 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 Brown, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Five Thousand Dollars.

So help you God.

Sworn before me, at Fogo                              James Rolls
this twenty fifth day of July
A.D. 1889.
James Fitzgerald
Commissioner of Affidavits, Supreme Court

1889

Estate of Thomas Brown
late of Joe Bats Arm
in the Northern District,
Fisherman, deceased.

Dated 31^st July A.D. 1889

Probate granted to James
Rolls, one of the Executors
named in the Will, the
other, Mr. Andrew Pearce
having since died.

Estate sworn under $5000.00.