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Miscellaneous Deeds, Grants, Petitions & Wills
(C)
John Cunningham

 

The estate of John Cunningham 1894
From LDS microfilm # 2057392

 

John Cunningham
          1894

 

AFFIDAVIT
-----------------
In the Supreme Court of Newfoundland
-----------------

NEWFOUNDLAND,          } We John C. Cunningham of
Burgeo to wit:                      } Burgeo in the Southern District
Customs Officer and Joseph H. Small of the same Place Merchant
do swear that we believe

this to be the true Last Will and Testament of John Cunningham late of Burgeo aforesaid Clerk in Holy Orders deceased ------------------- We do further swear that we will pay all the Debts and Legacies of the said deceased so far as his Goods shall extend, and the law will bind us, and that we will exhibit a full, true 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 we shall be lawfully called thereto. And we do further swear that the whole of the Goods, Rights, chattels, Assets, Credits and Effects of the said John Cunningham, deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of two thousand five hundred dollars.
So help us God.

Sworn before me, at Burgeo          } John C. Cunningham
this twenty eight day of                 } Joseph H. Small J.P
May A.D., 1894 by the said
John c. Cunningham and the said
Joseph H. Small.

G Quilton Hunt J.P.
Commissioner of Affidavits.
Supreme Court.

 

Illegible writing at top
1894
Estate of John Cunningham
Late of Burgeo
Southern --------- District
Clerk in Holy Orders deceased
----------------

Probate granted to John C Cunningham
And Joseph H Small
of Burgeo
Southern Distrist
The Executors named
In the Will.
Dated June 6. 1894
Estate sworn under $500.00

 

B

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

The Petition of John C. Cunningham of Burgeo, Customs Officer and Joseph H. Small of the same place Merchant

HUMBLY SHEWETH

  1. That the Reverend John Cunningham, late of Burgeo, Clerk in Holy Orders died at that place in the month of March A.D. 1894, having first made his last will and testament which is hereu hereunto annexed proved upon the oath of the Reverend Frank Smart, one of the subscribing witnesses thereto.

  2. That under and by virtue of the said will your petitioner have been nominated and appointed Executors for the due execution of the same.

  3. That deceased was possessed of property and money at the time of his death of the probable value of $2000.00

  4. That neither Probate of the annexed will nor administration to the estate of the deceased has as yet been granted to anyone.

Your Petitioners therefore humbly pray that Your Honourable Court or Your Lordship may decree that Probate of the said will may be granted to them as executors thereof.
And as in duty bound they will ever pray
Dated at Burgeo this 28th day of May A.D. 1894
??? John C. Cunningham
Joseph H. Small
??

 

 

IN THE SUPREME COURT
In the matter of the will and
estate of the late Reverend John
Cunningham
, Clerk in Holy Orders,
Deceased.

Burgeo

SS           We, John C. Cunningham and Joseph H. Small of Burgeo the foregoing petitioners make oath and say that the several matters and things in the foregoing petition are correct and true in every particular to the best of these deponents' judgm ent knowledge, and belief.

Sworn to before me at Burgeo           } John C Cunningham
aforesaid this Twenty eight day          } Joseph H. Small
of May A.D.1894                              }
A G Quilton Hunt JP
Commissioner of Affadvits

 

In the name of God
Amen

I John Cunningham of Burgeo Newfoundland
Clerk in Holy Orders being weak of body but all praises to God of sound mind, do make this my last Will and Testament, whereby I give and bequeath to my dear wife, Mary Ann all the property I shall be possessed of at my decease for her use only to be disposed of as she shall think fit.
And, thereby nominate and appoint my son, John C Cunningham and my son in law Joseph H. Small to be the executors of this my last Will and Testament

Signed on the 31st day
Of January One Thousand John Cunningham
Eight hundred and ninety four

In the presence of John Matthews
                            Frank Smart

 

 

A
In the Supreme Court of Newfoundland.
-------------------

NEWFOUNDLAND           }
Burgeo TO WIT:                 }
I Frank Smart -------------- of Burgeo in the Southern District
Clerk in Holy Orders
Make oath and say that on the 31st day of January A.D. One Thousand Eight Hundred and Ninety-four at Burgeo aforesaid --- I was present and did see John Cunningham late of Burgeo Clerk in Holy Orders --- the Testator named in the paper writing hereunto annexed, marked A, duly sign, publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence, and in the presence of John Matthews the other subscribing witness thereto. That I and said John Matthews ------------------ then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other -----------------------

And that at the time of the said execution of the said Will and said Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.
Sworn before me, at Burgeo           }
This Twenty eight day of                } Frank Smart
May A.D., 1894
G Quilton Hunt J.P.
Commissioner of Affidavits.

 

 

Page transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Sunday August 20, 2017)

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