Catherine Cowell
          1889

Estate of Catherine Cowell 1889
From LDS microfilm #2057543

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

ST. JOHN'S
To Wit          } I do swear that I believe that Catherine Cowell, late of St. John's in the Central District of Newfoundland, 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 her Goods will extend; and that I will exhibit a true, full, and perfect Inventory of the 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 Three Hundred dollars.

Sworn before me, at St. John's                                                            John Nash
this 23^rd day of March A.D. 1889.
Joseph P. Carty
Commissioner of Affidavits

1889

Estate of Catherine Cowell
late of St. John's
in the Central District,
widow, deceased.

Admn c.t.a. granted to
John Nash of
Topsail Road, Central District

Dated 29^th March 1889

Sureties
Patrick Buckmaster
John Lester

Estate sworn under $300.

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

The Petition of John Nash of St. John's, Farmer,

Humbly Sheweth

That Catherine Cowell of St. John's widow died there in or about the month of August Anno Domini 1879 having first made and executed her last will and testament as hereto annexed which said will has been proved in common form.
That the said Testatrix was married twice and of her issue by her first husband John Brophy of St. John's Farmer deceased she left her surviving three sons John Brophy, Laurence Brophy and James Brophy all of whom are resident in St. John's and of her issue by her second husband William Cowell of St. John's aforesaid, Farmer, deceased she left her surviving one son Thomas Cowell who died since his mother's decease and before he attained the age of twenty one and unmarried and two daughters Susan now the wife of one James Coughlan of St. John's, Farmer and Anne now the wife of Patrick Condon and now resident as petitioner is informed and believes in Bay of Islands.
That the said Testatrix died possessed of property of the probable value of about Three Hundred dollars.
That the said deceased did not in her said will name an executor thereof.
That as appears by the written consent hereto annexed all of the children of the said Testatrix who are still living and resident in and near St. John's aforesaid agree that administration with the said will of the deceased Catherine Cowell annexed shall be granted to your Petitioner who consents and agrees to be appointed as such administrator.
That no probate of

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will or administration of the Estate of the said Testatrix has been thereto granted and your Petitioner therefore prays that administration with the will annexed be granted to him. And as in duty bound he will ever pray &c &c.
Dated at St. John's this 21^st day of March Anno Domini 1889.
Robert J. Reid
Solicitor for Petitioner.

In the Supreme Court

In the matter of the will and
estate of Catherine Cowell,
late of St. John's, widow,
deceased.
          John Nash of St. John's Farmer maketh oath and saith that he is the petitioner in the above written petition named and that the several matters and things therein set forth are just correct and true.
Sworn before me at St. John's                                                  John Nash
aforesaid this 21^st day of
March A.D. 1889.
Jos. P. Carty
Commissioner

Sup. Ct.

In the matter of the
will & Estate of
Catherine Cowell late
of St. John's, widow,
deceased.

Petition for Administration
C.T.A.

Fiat
J. J. Little
A. J.

(Registrar's Stamp)
REGISTRARS OFFICE
ST. JOHN'S
MAR 22 1889
NEWFOUNDLAND

SUPREME COURT OF NEWFOUNDLAND

ST. JOHN'S
TO WIT
James Nash of Topsail Road, St. John's maketh oath and saith that on the Sixteenth day of August A.D. one thousand eight hundred and seventy nine at St. John's he, this Deponent, was present and did see Catherine Cowell late of St. John's, widow, the Testatrix named in the paper writing hereunto annexed duly sign (by making her mark) 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 Nash and Michael Tracey  the other subscribing witnesses thereto. That Deponent and said John Nash and Michael Tracey then signed their names to such Will as such witnesses, in the presence of the said 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 John Nash & Michael Tracey 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.                                                  James Nash
John's, aforesaid, this 16^th
day of March A.D. One
Thousand Eight Hundred
and Eighty Nine.
Jos. P. Carty
Commissioner, Supreme Court

August 16, 1879

Feling myself weak and making this as my last Will I bequst all dis land and house under cultivation two cows and horse and all the farm youtinsils I bequst it to Larance Brophy except one square acre to James Brophy a long side the South corner of Ell??? south fence. I bequst all the uncultivated land to John and James Brophy between them except one quarter of a acre of Bogg land a long side of Ell?? north fence to Larance Brophy and James and John Brophy ?? ???? the to a pasage way thrue the cultivated land of the Chases? then to there lower land. I am leaving this acre of land at Ell?? south fence to James if he chuse to build on it but if he don't - he have no further clame on it

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and either John, James or Larance can either sell or mortgage diss land. As long as Thomas Cowell likes to live with Larance, he is to due for him and if he chuse to go to a treade he can do so. As long as Amy and Susan Cowell and Cathrine Brophy likes to live with Larance the can do so and also Larance is to have a hefer calf of twelve months old for James when it sutes for Larance to do so and Larance is to pay all the debts, dues and demands of the Estate.
These are my due and last words of my Will.

Witts
John Nash Esqure
Michael Tracey
James Nash
(The foregoing page is transcribed as it appears).

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

Be it Remembered, That on this the twenty third day of March in the Fifty Second 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-nine personally appeared John Nash of the Topsail Road in the Central District of Newfoundland, Farmer, Patrick Buckmaster of St. John's Central District aforesaid *^Butcher and John Lester of St. John's aforesaid, Farmer, 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 Six Hundred 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 John Nash as Administrator c.t.a. of the Estate and Effects of Catherine Cowell late of St. John's in the Central District aforesaid , 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 John Nash 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 twenty third day of September 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 John Nash 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 twenty third day of March which will be in the Year of Our Lord One Thousand Eight Hundred and Ninety 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                                                            John Nash (Seal)
in presence of                                                                   P. Buckmaster (Seal)
Jos. P. Carty                                                                   John Lester (Seal)
Commissioner
*Initials JPC in left margin.

Notice

          After three days application will be make to the Honorable the Supreme Court or to a Judge thereof for administration with the will annexed to the estate of Catherine Cowell late of St. John's in the Central district, Widow, deceased to be granted to John Nash of St. John's, Farmer.
Dated at St. John's, this 13^th day of March Anno Domini 1889.
J.P.C.                                                                                Robert J. Kent,
(Stamp)                                                                             Proctor for said John Nash
REGISTRARS OFFICE
ST. JOHN'S
MAR 13 1889
NEWFOUNDLAND

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 in 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 21^st day of March Anno Domini 18__.
Jos. P. Carty
Asst. Clerk

In the matter of the Will of Catherine Cowell late of St. John's, Widow of William Cowell, late of same place deceased.

We the undersigned children and next of kin of the said Catherine Cowell deceased hereby consent and agree that administration with the Will annexed of the Estate of the said Catherine Cowell be granted to John Nash of St. John's aforesaid, Farmer. The Will referred to being that of date August 16^th A.D. 1879 and signed by the said Catherine Cowell by placing her mark thereto in presence of the said John Nash and of Michael Tracey and James Nash.
Dated at St. John's this          day of October^March A.D. 1889
Witness (having been first read
over and explained).                                                John his X mark Brophy
James Nash                                                            Larance his X mark Brophy
                                                                                Cathrine? Cowell
                                                                                Catrine her X mark Brophy
                                                                                James his X mark Brophy

In the matter of the Will of Catherine Cowell late of St. John's, Widow of William Cowell late of same place, deceased.

James Nash of St. John's maketh oath and saith that he was present and saw Susanna Cowell duly sign the within written consent in this matter, and also saw John Brophy, Laurence Brophy, Catherine Brophy and James Brophy each sign the said consent by affixing his and her mark thereto, and that before the consent was so signed by the said parties, it was read over to each of them.

Sworn before me at St. John's
this 16^th day of March A.D. 1889.                                                  James Nash
Jos. P. Carty
Commissioner