Michael Devereux
          1894

Estate of Michael Devereux 1894
From LDS microfilm #2057392

I hereby certify that the notice of ------ application for probate written on the other side hereof has been posted in the Clerks office in the Court House in St. John's for the space of three days as required by statute

St. John's September ^{October 13} (previous date illegible) 1894
Alex J.W. McNeily
CCof R
-------------------

After three days from the date hereof application will be made to the Honorable The Supreme Court or one of the Honorable the Judges thereof for probate of the will of Michael Devereux late of Trepassey in the Southern District Fisherman deceased to be granted to Anne Devereux of Trepassey aforesaid widow the Executrix in the said will named
St. John's September 22^nd 1894
J & J Kent
--------------
Solicitor for Executrix
Sept. 24, 1894
JooC(?)

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

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

NEWFOUNDLAND,          }
Trepassey     TO WIT           } I, Anne Devereux of Trepassey
                                              in the Southern District, widow
                                              do swear that I believe

this to be the true Last Will and Testament of Michael Devereux late of Trepassey aforesaid, Fisherman, deceased. I do further swear that I will pay all the Debts and Legacies of the said deceased so far as his Goods shall extend, and the law shall bind me, and that I 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 I shall be lawfully called thereto.  And I do further swear that the whole of the Goods, Rights, Chattels, Assets, Credtts and Effects of the said Michael Devereux---------, deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of six hundred dollars
So help me God.

Sworn before me, at Trepassey          }
This third day of                                 } Anne X her mark Devereux
December A.D., 1894                         }
It having been first read over to
the said Anne Devereux she understood
the same and signed her mark in my
Presence George Sutton
Commissioner of Affidavits.
Supreme Court.

113           1894
Estate of Michael Devereux
late of Trepassey
in the Southern District
Fisherman deceased
--------

Probate granted to
Anne Devereux
of Trepassey - widow
the Executrix named in
the will
---------
Dated 29^th Dec. 1894

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

The petition of Anne Devereux of Trepassey in the Southern District widow

Humbly Sheweth

1. That Michael Devereux of Trepassey afore-said Fisherman died at that place on the Seventeenth of April last past having first duly executed his last will and tentament as hereto annexed mark ^{(symbol or initial here, not able to identify)} A and which has been proved in common form.
2. That the said Testator only left him surviving your petitioner who is his widow.
3. That he died possessed of property situate within the Jurisdiction of this Honorable Court to the value of about $500 Five Hundred dollars.
4. That no probate or administration of the Estate of the said deceased has been hither to granted.
5. Your Petitioner therefore prays that probate of the will of her said deceased husband be granted to her and as is duty bound she will ever pray &c &c

Dated at Trepassey aforesaid this Forth day of October AD 1894
J. & J. Kent
Solicitors for Petitioner

In the Supreme Court
In the matter of the last will and           }
Testament of Michael Devereux          }
late of Trepassey in the Southern           }
District                                                    }
Initialed GS in left margin beside items 1, 3 and Date.

District Fisherman Deceased

I Anne Devereux of Trepassey aforesaid widow make oath and say

1. I am the petitioner in the foregoing petition named and
2. That the several matters and things herein contained are just correct and true.

Sworn before me at           }
Trepassey aforesaid            } Anne X her mark Devereux
this Forth day of                 }
October AD 1894               }
It has been read over to deponent(?) she
seemed to understand the same and affixed
her mark in my presence
George Sutton
Commissione of
Affidavits Supreme Court

------- 1894 ------

In the Supreme Court

In the matter of the           }
last will and testament      }
of Michael Devereux      }
of Trepassey in the            }
Southern District              }
deceased                         }

-----------------------------------------------

Petition and affidavit
of Anne Devereux

-----------------------------------------------

Fiat
J J Little J

Stamp affixed
J. & J. KENT
BARRISTERS
SOLICITORS
&c &c
for Petitioner

Found on right side of tri-fold:
3.75
  .50
1.00
5.25

A (not totally visible but discernable)

This is the paper writing marked A mentioned in the sworn affidavit and petition.

This is the last Will and Testament of me Michael Devereux of Trepassey District of Placentia and St. Marys - Fisherman.
I Michael Devereux above named do hereby declare this to be my last Will and Testament.
I revoke all former Wills at any time heretofore made by me.
I appoint my wife Anne to be the executrix of this my Will.
My Will is that my wife be provided for as follows
I devise and bequeath to my wife, my share of the house and grounds now occupied by her. Also all the out houses two horses - Cattle - Sheep poultry &c

In witness whereof I have hereunto set my hand to this my Will this 27^th day of January 1894

Signed and delivered by the said           }
Michael Devereux as and for his         }
Last Will and Testament in the              }
presence of us present at the same        } Michael X His mark Devereux
time, who in his presence and               }
at his request and in the presence          }
of each other have hereunto subscribed}
our names as Witnesses                          }

Robert H Carey, Physician
Augustus Simms Prev(?) Officer

The same having been first read over and           }
Explained to the said Michael Devereux and    }
he appearing to understand the same                   }

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

NEWFOUNDLAND,           }
TO WIT:                                 }
I Robert H Carey ----------------------- of Trepassey in the Southern District Physician

Make oath and say that on the Twenty seventh day of January A.D. One Thousand Eight Hundred and ninety-four --------------------- at Trepassey --------------------------------- I was present and did see Michael Devereux ------------- late of Trepassey ----------- aforesaid --------------------------------- the Testator named in the paper writing hereunto annexed, marked A, duly sign, (by making his mark) publish and declare the said annex paper writing, as and for his last Will and Testament in my presence and in the presence of Augustus Simms ------------------ the other subscribing witness thereto. That I and said Augustus Simms --------------- then and there signed our 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 sign-ed, 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 me and the said Augustus Simms -------------------------------------------------------------------------- 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 my knowledge and belief.

Sworn before me, at St. John's ^Trepassey}
This Twenty eight day of                           } R.H. Carey M.D.
September A.D. One Thousand                 }
Eight Hundred and Ninety-four                }
George Sutton
Commissioner of Affidavits,
Supreme Court.