Esther A. Foote
          1889

Estate of Esther Ann Foote 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 Esther Ann Foote late of Grand Bank, 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 Esther Ann Foote, deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Five Thousand Eight Hundred Dollars.

So help you God.

Sworn before me, at St. John's
this ninth day of February A.D.,                                        George Bell
1889 by the said George Bell and                                    John Forsey
John Forsey.

Jos. P. Carty
Commissioner of Affidavits, Supreme Court

1889

Estate of Esther Ann Foot
late of Grand Bank
in the Southern District,
Widow, decreased.

Dated 5^th March 1889

Probate granted to
George Bell and
John Forsey
The Executors named in the Will.

Estate sworn under $5800⁰⁰/₁₀₀

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

The Petition of John Forsey of Grand Bank in the Southern District, Ship Master and George Bell of the same place, builder,

Humbly Sheweth

That Esther Ann Foote late of Grand Bank aforesaid, Widow, died there on or about the twenty third day of December last having previously made and executed her last Will and Testament of which appointed your petitioners Executors and which is hereto annexed marked A.
That said deceased at the time of her death was possessed of property within the jurisdiction of this Honourable Court of the probable value of Five Thousand Six Hundred dollars.
That no Probate of any will nor administration of the Estate of said deceased has been granted to any person.
Petitioners therefore pray that

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Probate of the said Will may be granted to them.
And as in duty bound they will ever pray &c &c
Dated at Saint John's this 6^th day of February A.D. 1889.
John Forsey
George Bell

Newfoundland
St. John's to wit
John Forsey of Grand Bank, at present of St. John's, Shipmaster, one of the Petitioners named in the foregoing petition maketh oath and saith that the several matters and things therein contained are correct and true.

Sworn before me at St.John's                                        John Forsey
this 6^th day of February A.D. 1889.

Jos. P. Carty
Commissioner

In the Supreme Court
===============

In the matter of the Will
and Estate of Esther Ann
Foote, late of Grand Bank,
Widow, deceased.

Petition of Executors
for Probate.

Fiat
R. J. Pinsent
A. J.

Mar 4/89
Morison

(Written to the right of the above)
???          3.75
???            .50
???          1.25
prop        2.00
copy        1.75
reg          1.75
              12.00

Supreme Court

In the matter of the Will of
Esther Ann Foote, late of
Grand Bank, widow.

Newfoundland
St. John's, to wit          Donald Morison of Saint John's, Solicitor, maketh oath and saith that he is well acquainted with the handwriting and signature of George Simms, one of Her Majesty's Justices of the Peace, residing at Grand Bank aforesaid.
That Deponent has examined the Will of the said Esther Ann Foote annexed hereto marked A, and verily believes that the signature "George Simms J.P." attached thereto as one of the subscribing witnesses is of the true and proper handwriting of the said George Simms.

Sworn before me at St. John's                                        D. Morison
this 6^th day of February A.D. 1889.
Jos. P. Carty
Commissioner

Supreme Court

In the matter of the Will of
Esther Ann Foote late of
Grand Bank, Widow,
deceased.

Newfoundland
St. John's, to wit          George Bell of Grand Bank, at present of St. John's, Builder, maketh oath and saith that he is well acquainted with the handwriting of the said Esther Foote, the Executrix named in the paper writing hereto annexed marked A and with the handwriting of George Simms of Grand Bank, one of Her Majesty's Justices of the Peace, and of Allan MacDonald of the same place, Doctor of Medicine, the subscribing witnesses to said paper writing. That Deponent verily believes that the signature "Esther Foot", "George Simms J.P." and "A. MacDonald M.D." attached to the said paper writing are of the true and proper handwriting of the said persons respectively.

Sworn before me at St. John's                                        George Bell
this 6^th day of February A.D. 1889.
Jos. P. Carty
Commissioner

In the Supreme Court

Newfoundland
Grand Bank, to wit          Allan MacDonald of Grand Bank aforesaid, Doctor of Medicine, maketh oath and saith that on the third day of December A.D. one thousand eight hundred and eighty eight he, this Deponent, was present and did see Esther Ann Foote late of Grand Bank aforesaid, Widow, deceased, the Testatrix named in the paper writing hereto annexed, duly make, sign, seal and publish and declare the said paper writing as and for her last Will and Testament in the presence of this Deponent and of George Simms of Grand Bank aforesaid, Stipendiary Magistrate.
That Deponent and said George Simms then and there signed their names to such paper writing as such witnesses in the presence of the said Testatrix and of each other, all present at the same time.
That at the time she so signed, sealed, published and declared the said paper writing as and for her last Will and Testament, 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 Grand Bank                              Allan MacDonald
this 27^th day of February A.D. 1889.
George Simms
Commissioner of Affidavits
Supreme Court

Supreme Court

In the matter of the
Estate and Will of
Esther Ann Foote,
late of Grand Bank,
Widow, deceased.

Affidavit in proof
of Will.

(Stamp)
WINTER & MORISON
Solicitors, Notaries, Etc.
ST. JOHN'S, N F.

A

A WILL

          In the name of God, Amen. The third day of December one thousand eight hundred and eighty eight.
I Esther Ann Foot of Grand Bank, Fortune Bay, Southern District of the Island of Newfoundland, Widow, being sick and weak of body but of perfect mind and memory, thanks be given unto God: therefore calling into mind the mortality of the body, knowing that it is appointed unto all men once to die, do make and ordain this my last Will and Testament, that is to say principally and first of all; I give and recommend my soul into the hands of Almighty God, that gave it, and my body I recommend to the earth, to be buried in decent Christian burial at the discretion of my Executors; nothing doubting but at the general resurrection I shall receive the same again by the Almighty power of God. And as touching such worldly estate wherewith it hath pleased God to bless me in this life.
First. I give and bequeath to my beloved son in law William Mitchell

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the Dwelling House I now occupy together with the out houses and the land whereon the said houses stand. The furniture of the bedroom now occupied by my Son in Law and half the remaining furniture in the house, I leave to him, my wagon I also leave to my Son in Law. Should my Son in Law William Mitchell leave Grand Bank, never to return or should he die, the above named dwelling house, outhouses and land whereon they stand to become the property of my beloved niece Esther Ann Bell. The dwelling house, outhouses and land whereon they stand are not to be sold by my Son in Law William Mitchell, he only to have the use of them while he lives or makes Grand Bank his home, the stores in the house I leave to my Son in Law.
My organ and sewing machine I give to my niece Esther Ann Bell, also my own bed, bedstead and bedroom furniture. My house, outhouses and land whereon they stand now occupied by Mr. Lampier, I leave to my niece Esther Ann Bell, should the houses be taken down, then the land to become the property of my brother John Forsey. I also leave to my niece Esther Ann Bell the sum of Four Hundred Dollars.

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I also leave to George Foot, son of late Morgan Foot, the sum of Four Hundred Dollars. To George C. Harris, son of Samuel Harris Four Hundred Dollars, to Esther Hickman, daughter of Charles Hickman Two Hundred Dollars, to my sister Amelia Bell Two Hundred Dollars, the remainder of my money to be equally divided between my brothers Robert, John and Aaron Forsey, my sisters Elizabeth Rose & Mary Hyde, also Sarah Lawrence, Eli Harris and Eleanor Harris, mother of Eli Harris.
I lent the School Board six hundred dollars. I wish two hundred dollars of that amount to be paid to my Executors and to be shared between my brothers and sisters and others whose names are mentioned with them. The remaining four hundred dollars in the hands of the School Board to be equally divided between the School House and the Church. A piece of land close by John Foot's house I leave to my nephew William French, my clothes to be divided between my sisters.

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My money is in the Commercial Bank, Grand Bank.
I constitute make and ordain my brother John Forsey and George Bell executors to this my last Will and Testament.
In witness whereof I have hereunto set my hand and seal *on Grand Bank this third day of December one thousand eight hundred and eighty eight.

Esther Foot (seal)
Witness
George Simms Jr.
A. MacDonald M.D.
*Initial GS in right margin.