Ann C. Burrows
          1889

Estate of Ann C. Burrows 1889
From LDS microfilm #2057543

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT.
----------

You shall swear that you believe this to be the true last Will and Testament of Catherine Ann Burrows late of Harbor Grace in the Northern 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 Catherine Ann Burrows, deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Eight Hundred Dollars.

So help you God.

Sworn before me, at St. John's                              Sarah Comer
this Thirty First day of May
A.D. 1889.
Andrew P. Drysdale
Commissioner of Affidavits, Supreme Court

1889

Estate of Ann Catherine Burrows
late of Harbor Grace
in the Northern District,
Widow, deceased.

3^rd June 1889

Probate granted to Sarah Comer,
the Executrix named in the will.

Estate sworn under $700.00

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

The Petition of Sarah Comer of Harbor Grace, Spinster,

HUMBLY SHEWETH

That Petitioner Aunt Ann Catherine Burrows, widow of the late Johnston Burrows, deceased, died at Harbor Grace in the month of December last past having first made her last Will and Testament which is herewith annexed marked "A", proved upon the oath of Alexander Squires, one of the subscribing witness thereto.
That deceased left surviving her as next of kin entitled as legatees under the said Will two nephews viz: Albert Bradbury and Jonathan Bradbury and one niece your Petitioner, sole Executrix of the said Will.
That deceased was possessed of property at the time of her death of the probable value of Seven Hundred Dollars.
That neither Probate of any Will nor Administration to the Estate and effects of deceased has as yet been granted to any one.
Your Petitioner therefore

Page 2

humbly prays that your Honourable Court or Your Lordship may be pleased to order that Probate of the said annexed Will may be granted to Petitioner.
And as in duty bound Your Petitioner will ever pray.
Dated at Harbour Grace this fifth day of January A.D. 1889.

Sarah Comer

Supreme Court

Harbor Grace
S S
Sarah Comer of Harbor Grace, Spinster, the foregoing Petitioner, maketh oath and saith that the several matters and things in the foregoing Petition set forth are correct and true to the best of this deponent's judgment, knowledge and belief.
Sworn before me at
Harbor Grace this fifth                                        Sarah Comer
day of January A.D. 1889.
H. W. Trapnell
Comm, Sup. Court

Supreme Court
Probate Side

In the matter of the Will of
Ann Catherine Burrows, late
of Harbor Grace, Widow of the
late Johnson Burrows, deceased.

Petition for Probate
(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JAN 8 1889
NEWFOUNDLAND

(Written to the right side of the above)
R??          3.75
C               .50
copy          .50
Reg           .50
???            .25
               5.25

Supreme Court
Probate Side

Harbor Grace
To Wit
          Alexander Squires of Harbor Grace, Gentleman, maketh oath and saith that he was present on the day of the date thereof and did see Ann Catherine Burrows late of Harbor Grace Widow deceased duly sign and publish and declare the annexed paper writing marked A as and for her last Will and Testament in the presence as well of this deponent as of Lawrence Ryan the other subscribing witness to the same. That immediately after the said Testatrix had so signed her said Will as aforesaid this deponent then and there in the presence of the said Testatrix and in the presence of each other duly signed their names (the said Lawrence Ryan by making his mark thereto) as witnesses to the due execution of the said Will and this deponent further saith that before the said Testatrix had so signed as aforesaid the Will was duly read over to her in the presence of this deponent and the other subscribing witness: And this deponent lastly saith that the said Testatrix at the time of so making and publishing her said last Will and Testament as aforesaid was of sound disposing mind memory and understanding to the best of this deponent's judgment, knowledge and belief.

Sworn before me at Harbor Grace                              Alexander Squires
this 5^th day of January 1889.
H. W. Trapnell
Comm., Sup. Court

Notice

Three days from the date hereof I will apply to the Supreme Court or one of the Honourable the Judges thereof for Probate of the Will of Ann Catherine Burrows late of Harbor Grace (Widow of the late Johnson Burrows) to be granted to Sarah Comer of Harbor Grace School-teacher the Executrix named in the Will.
St. John's January 4, 1889.
Geo. H. Emerson, Jr
Proctor for Executrix
(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JAN 4 1889
NEWFOUNDLAND
J. P. C.

(The following is written across the above notice:)
Let nothing be done in this matter without notice to D. Morison, Proctor for James Bradbury, nephew of deceased.                    Jany 4/89
(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JAN 4, 1889
NEWFOUNDLAND

Supreme Court
Probate Side

In the matter of the Will of
Ann Catherine Burrows, late
of Harbor Grace.

"Saint John's"
SS

George H. Emerson of Saint John's Barrister at Law maketh oath and saith that he is the Proctor for  the promorent? in this matter. That there is a suit in which certain next of kin of one Ann Catherine Burrows late of Harbor Grace Widow deceased contest the validity of the last Will and Testament of the said Ann Catherine Burrows which last Will and Testament as set? up by the Executors.
That the witnesses for the promorent? and as deponent believes for the next of kin disputing the said Will all reside in Harbour Grace and the vicinity and could not come to S. John's without considerable expense to all parties.

Sworn before me at                                        Geo. H. Emerson, Jr.
St. John's this 20^th day
of April A.D. 1889.

Supreme Court
Probate Side

In the matter of the Will of
Ann Catherine Burrows.

          Upon reading the affidavit of the proctor for the promorent to this matter and upon hearing J. W. Emerson for her, I do order that the examination of the witnesses to the said Will of Ann Elizabeth^Catherine Burrows and all other witnesses for the promorent residing in Harbor Grace and the vicinity be taken de bona case? before a Commissioner to be appointed for that purpose and that such examinations of Witnesses take place during the next sittings of the Supreme Court at Harbor Grace for all unless cause to the contrary be shown before me on Tuesday next the 23^rd instant at 11 o'clock in Chambers in the Court House.
Dated at Saint John's this 20^th day of April A.D. 1889.
J. J. Little
On motion of
G. H. Emerson for
Promorent Executor.

Supreme Court
Probate Side

In the matter of the Will and
Estate of Ann
Elizabeth^Catherine Burrows late of
Harbour Grace deceased.
Upon hearing G. H. Emerson, for Sarah Comer the Executrix under the alleged Will of the above named Ann Elizabeth^Catherine Bauer^Burrows and D. Morison for the next of kin
I do order that the matter of the alleged next last Will and Testament of the said Ann Elizabeth^Catherine Burrows now pending in the Supreme Court be transferred to the Supreme Court in Harbor Grace there to be heard during the sittings thereof.
S. John's April 23: 1889

We consent.                                                  J. J. Little
Geo. H. Emerson Jr                                        C.J.
for Sarah Comer
D. Morison
for next of kin.

Supreme Court
Probate Side

In the matter of the
Will and Estate of
Ann Elizabeth^Catherine
Burrows late of
Hr. Grace deceased

Order for transfer

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
APR 26 1889
NEWFOUNDLAND.

??????? District
St. John's to wit
NEWFOUNDLAND

In the Supreme Court
Probate Side

In the matter of the alleged Will
of Ann Catherine Burrows late of
Harbor Grace, widow, deceased, and
citation to show cause why
Probate thereof should not be
granted thereunto, to Sarah Comer
of Harbor Grace, alleged executrix of
said Alleged Will.

John Mackay of Harbor Grace aforesaid, Bailiff, maketh oath and saith that on the eleventh day of January instant at Harbor Grace aforesaid he did personally serve the said Sarah Comer with a true copy of the annexed answer and duly explained to her the true intent and meaning thereof and of such service.

Sworn at Harbor Grace aforesaid                                        John Mackay
this Eleventh day of January A.D.
1889.
H. W. Trapnell
Commissioner, S.C.

(partial page as follows:)

same? condition of mind months before and months after said alleged making of said alleged Will by her.
Harbor Grace                                                    Jonathan W. Bradbury
11^th Jany 1889                                                  Albert Bradbury

1889

In re alleged Will of
Ann Catharine Burrows,
late of Hr. Grace.

Answer to Citation

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JAN 14, 1889
NEWFOUNDLAND

In the Supreme Court
Probate Side

In the matter of the alleged
Will of Ann Catherine Burrows
late of Harbor Grace, Widow,
?????? and citation to show
cause why Probate should not
be granted thereunto, to Sarah
Comer of Harbor Grace, alleged
Executor of said alleged Will.

          The answer of Jonathan W. Bradbury and Albert Bradbury of Harbor Grace in the Northern District of the Island of Newfoundland, Fishermen, containing the grounds upon which they resist and each of them do resist the grant of Probate to the alleged Will aforesaid of said Ann Catherine Burrows unto said Sarah Comer, alleged executrix thereof, the grounds upon which they the said Jonathan W. Bradbury and Albert Bradbury do resist the grant of said Probate are as follows:- That at the time of the alleged making and execution of the said alleged will by said Ann Catherine Burrows, she, the said Ann Catherine Burrows was not in her right sense or sound understanding and memory and did not know what she was doing and that indeed she was in the same condition of mind months before and months after said alleged making of said alleged Will by her.

Harbor Grace                                                    Jonathan W. Bradbury
11^th Jany 1889                                                  Albert Bradbury

Supreme Court
Probate Side

In the matter of the Will of
Ann Catherine Burrows late
of Harbor Grace, Widow,
deceased.

At the instance of Sarah Comer of Harbor Grace claiming Probate of the Will of the said Ann Catherine Burrows, deceased may be granted to her as Administrator ^Executrix of the Will of deceased.
Upon reading the Petition of the said Sarah Comer and upon hearing Mr. Emerson of Counsel for her, it is ordered that James Bradbury, Jonathan Bradbury and Albert Bradbury to show cause if any they have why Probate to the Will of the said Ann Catherine Burrows should not be granted to the said Sarah Comer by filing in the Office of the Chief Clerk and Registrar of the Supreme Court and serving on the said Sarah Comer and answer containing the grounds on which they resist the said application on or before Tuesday next the 1^st day of January inst. otherwise the claim of the said Sarah Comer will be taken to be admitted by them and Probate granted to her accordingly.

St. John's 8^th day of Jany 1889
Geo. H. Emerson, Jr.                                                  By the Court
Proctor for said                                                             Geo. J. Adams
Sarah Comer                                                               Asst. Clerk

Supreme Court
Probate Side

In the matter of the Will of
Ann Catherin Burrows,
Widow, deceased.

Harbor Grace
To wit
Eli Verge of Harbor Grace maketh oath and saith that he did on the 10^th day of January instant personally serve Albert Bradbury and Jonathan Bradbury of Harbor Grace the persons whose names are served mentioned in the foregoing citation with a true copy of the same and that he travelled ___ miles to make such service.

Sworn before me at Harbor Grace                                          A.D.
this 10^th day of January A.D. 1889.                                        Eli Verge
H. W. Trapnell
Comm, Sup. Court

Supreme Court
Probate Side

In the matter of the Will
of Ann Catherine Burrows
late of Harbor Grace,
Widow, deceased.

Citation
Original

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JAN 12 1889
NEWFOUNDLAND

"A"

In the name of God. Amen.
I Ann Cathrine(sic) Burrows Widow of the late Johnson Burrows of Harbor Grace in the Island of Newfoundland do make this my last Will and Testament.
First - I will to my nephew Albert Bradbury six chairs on small table one clock and my store to have for his own use and benefit.
Secondly - I will to my nephew Jonathan Bradbury one large table one rocking chair and my couch to have for his own benefit.
Thirdly - I will and bequeath to my neice(sic) Sarah Comer my bead and beading my wearing apparel and the residue of my chattels of^whatever nature and kind soever. Also I will and bequeath unto the said Sarah Comer my neice all the money that may be left in the Savings Bank after my debts and expenses are paid for her sole use and benefit - And I do hereby name the said Sarah Comer the lawful executor of this my last Will and Testament and I hereby revoke all former wills or bequests by me in anywise made establishing this as my last Will and Testament.

Given under my hand and seal this Ninth day of Augt 1888 Eighteen & Eighty Eight.
Ann Cath.… Burrows
Signed, sealed and delivered
in presence of A. Squires

Proved before me upon the Affidavit of Larance Ryan one of the subscribing witnesses this Second day of January A.D. 1889, at Harbor Grace, at 3 O'clock PM.
H. W. Trapnell
Comm, Sup. Court

Further proved before me upon the affidavit of Alexander Squires the other Subscribing Witness, this fifth day of January A.D. 1889, at Harbor Grace, at 8:45 PM.
H. W. Trapnell
Comm, Sup. Court

Supreme Court
Probate Side
Harbor Grace
To Wit                    Larance Ryan of Harbor Grace, Farmer, maketh oath and saith that on the Ninth day of August A.D. One Thousand Eight Hundred and Eighty Eight, at Harbor Grace aforesaid he, this deponent was present and did see Ann Catherine Burrows, late of Harbor Grace, the Testatrix 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 Alexander Squires the other subscribing witness thereto. That deponent and said Alexander Squires then signed their names, deponent by making his mark, to said Will as such witnesses, in the presence of the Testatrix and of each other. That previously to the said Will being so signed as aforesaid by the said Testatrix and the said witnesses, it was read over to and approved of by the said Testatrix in the presence of Deponent and the said Alexander Squires, 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 Harbor
Grace aforesaid this Second
day of January A.D. 1889.
Having first been read over
and explained.
H. W.Trapnell
Comm, Sup. Court