John Cantwell
          1889

Estate of John Cantwell 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 John Cantwell, late of Tizzard's Harbor 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 John Cantwell deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of  Two Thousand Dollars.

So help you God.

Sworn before me, at Twillingate,
this 23^rd day of July A.D. 1889 by                                        Thomas Peyton
the said Thomas Peyton and                                                 Obadiah Manuel
Obadiah Manuel.
Saml W. Baird
Commissioner of Affidavits, Supreme Court

Sworn before me at Twillingate this
26^th day of August A.D. 1889 of
the said Robert Boyde.
Robert Boyde
Saml W. Baird, Commissioner, Supreme Court

1889

Estate of John Cantwell
late of Tizzard's Harbor
in the Northern District,
Fisherman, deceased.

Dated 9^th September 1889

Probate granted to Thos. Peyton,
Obadiah Manuel & Robt Boyde,
the Executors named in the Will.

Estate sworn under $2000.00.

NOTICE

Three days from the date hereof application will be made to the Supreme Court or one of the Honorable the Judges thereof for Probate of the last Will and Testament of John Cantwell late of Tizzard's Harbor in the District of Twillingate in the island of Newfoundland to be granted to Thomas Peyton, Obadiah H. Manuel, Robert Boyde the Executors named in the said will.
Dated at Saint John's this 8^th day of May A.D. 1889.
(Stamp)
REGISTRARS OFFICE                                                  E. F. Morris
ST. JOHN'S                                                                      Proctor for Executors
MAY 8 1889
NEWFOUNDLAND
J.P.C.

I hereby certify that the notice on the other side hereof has been duly posted in the Office of the Chief Clerk and Registrar from the day of the date thereof until this date and that no caveat or other objection has been entered thereto.
Dated at Saint John's this 5^th day of June A.D. 1889.
Geo. J. Adams
Actg C.C. & Reg.

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

The Petition of Thomas Peyton, Obadiah Manuel, Robert Boyde, Executors of the last will and testament of John Cantwell late of Tizzard's Harbor in the District of Twillingate, Notre Dame Bay, in the Island of Newfoundland, Fisherman, deceased,

Humbly Sheweth as follows

That John Cantwell, late of Tizzards Harbor aforesaid died at the above place on the twenty sixth day of April now last past having previously made his last will and testament which is hereto annexed proven on the oath of Joseph Osmond, one of the subscribing witnesses thereto.
That at the time of his death, deceased was possessed of property within the jurisdiction of this Honorable Court of the probable value of eighteen hundred and sixteen dollars
(written sideways in the margin) and cash amounting to about $300.00.
That under his said will your petitioners were appointed co-executors.
That no probate to the said will nor letters of administration has as yet been granted to
                                                  any

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person.
Petitioners therefore pray that probate of the said will may be granted to them and as in duty bound they will ever pray.
Dated at Tizzard's Harbor aforesaid this twentieth day of May A.D. 1889.

                                                  Thomas Peyton
                                                  Obadiah Manuel
                                                  Robert Boyde

Newfoundland

St. John's, S.S.
Thomas Peyton, Obadiah Manuel and Robert Boyde, the parties named in the foregoing petition maketh oath and saith that the several matters therein contained are correct and true to the best of these deponents knowledge and belief.

Sworn before me at                                                            Thomas Peyton
Tizzard's Harbor aforesaid                                                  Obadiah Manuel
this twentieth day of May                                                    Robert Boyde
A.D. 1889.
Samuel Baird
Commissioner, Supreme Court

This is the last Will and Testament of me, John Cantwell of Tizzard's Harbor in the District of Twillingate, Newfoundland, Planter.
First. I give, devise and bequeath, after all my just debts and funeral expenses are paid out of whatever cash or monies I may have, at my decease to my two sons, Edward Cantwell and Nicholas Cantwell, my Schooner, a vessel called the "Hebernia", Boats, Cod Trap, Caplin Sieve, Nets, all fishing gear and other outfit of every description for the fishery, in equal shares so long as they remain and work together, but should they at any time separate, then the above property to be divided viz: The Schooner Hibernia, Boats, Cod Trap, Caplin Seine and Salt to remain in equal shares. All other fishing gear and outfit to be divided as follows: Two Thirds for my son Edward Cantwell and one third for my son Nicholas.
Secondly. I give, devise and bequeath my fishing rooms, gardens and buildings thereon, situate at Tizzard's Harbor in the District of Twillingate as follows; to my son Edward Cantwell, three fourths of the said property reverting to me besides or independent of his share given to him by me by a Deed of Trust. That side of the land on which my Dwelling House stands to be my son Edward's portion. My dwelling house in which I now reside I give and bequeath to my son
                                                  Edward.

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Edward. I give and bequeath the shop to my son Nicholas to be removed on the opposite side of the road for a dwelling house for himself, the office to be removed and put in place of the shop. The wharf, flakes, stages and big store to be for the use of my said two sons together in common but should they separate, the flake on the western side, Anstey's Shop and garden to be for my son Nicholas's own use and benefit.
Thirdly.  I give, devise and bequeath to my son Nicholas Cantwell for his own use and benefit the following land viz. A meadow adjoining George Burt and Jas Osmond's land. A potatoe garden adjoining Joseph Osmond and Andrew Lock's land and the small garden near Robert J. Boyd's land, all situate in Tizzard's Harbor. I give, devise and bequeath to my son Edward Cantwell all those pieces of land and gardens situate in Tizzard's Harbor and commencing on the Eastern side of the road leading to Beachy Cove near Abraham Boyd's land and extending towards French Gulch.
Fourthly. I give, devise and bequeath the furniture of my dwelling house to my two sons, Edward and Nicholas Cantwell as follows; The sofa and round table in the parlour, I give to my son Edward for his own absolute use and benefit. All other furniture and kitchen utensils of whatsoever kind I give and bequeath to my said two sons in equal shares for their own use and benefit.
                                                  Fifthly.

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Fifthly.  I give, devise and bequeath to my two sons Edward and Nicholas Cantwell, in equal shares, my horse and cart for their own use and benefit and whatever cattle as may be in my possession at my decease, in equal shares for their sole use.
Sixthly. I give, devise and bequeath to my daughter Mary Ann Cantwell, wife of Denis O'Neil of Bay de Verde in Newfoundland, my land and furniture situate on Western Point, Black Island, Fridays Bay, formerly the property of John Weir? for her own absolute use and benefit. And I give and devise to the children of my late daughter Lavinia Cantwell, wife of Patrick Hogan of St. John's, my land and premises situate at Black Island, Fridays Bay, formerly the property of George Sampson and Sons, for their absolute use and benefit.
Seventhly. I give devise and bequeath all or any monies I may have left at my decease to my sons Edward Cantwell & Nicholas Cantwell and Mary Ann Cantwell wife of Denis O'Neil, in equal shares for their own absolute use and benefit, and it is my will that if any disagreement should arise with respect of the division of my property bequeathed by me, that the same shall be settled by Arbitration at the discretion of my Executors. It is further my wish to remain in my house while I live and live with my son Edward, and that should there be any money left at my decease, that my two sons Edward and Nicholas Cantwell shall pay for my funeral expenses in equal shares.
Eighthly. And I appoint Thomas Peyton, Deputy Sheriff, Obadiah H. Manuel, Sail Maker of Twillingate and Robert Boyde of Tizzard's Harbor to be Executors
                                                  of this

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of this my last Will and Testament and revoke all previous Wills by me at any time heretofore made.
In witness whereof I hereunto set my hand at Tizzard's Harbor in the District of Twillingate, this fourteenth day of September A.D. One Thousand Eight Hundred and Eighty Six. The said will having been read over and explained to *^me, the Testator.

Signed by the said John Cantwell, the Testator,
by affixing his mark thereto (having declared
the said Will to have been duly read over and
explained to him) in our presence, who in *their^his
presence, and in the presence of each other,
at the same time subscribe our names as
Witnesses                                                                                George Forward, Planter
                                                                                               Joseph Osmond, Planter
*Initials F? in left margin.

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
Joseph Osmond of Tizzard's Harbor in the District of Twillingate, maketh oath and saith that on the 14^th day of September A.D. one thousand eight hundred and eighty six at Tizzard's Harbor he, this deponent, was present and did see John Cantwell late of Tizzards Harbor 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 George Forward of Tizzard's Harbor the other subscribing witness thereto. That Deponent and said George Forward 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 George Forward 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 Twillingate, this 25^th                                                  Joseph Osmond
day of June A.D. One Thousand Eight
Hundred and Eighty Nine.
Samuel W. Baird
Commissioner, Supreme Court

In the Matter of the
Estate of the late
John Cantwell of
Tizzards Harbor, Fogo.

Petition of Executors
for Probate.

Fiat
J. J. Little, A.J.

July 10/89.