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Miscellaneous Deeds, Grants, Petitions & Wills
(S)
Phoebe Smith

 

Phoebe Smith
          1894

Estate of Phoebe Smith 1894
From LDS Microfilm #2057392.

 

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

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

NEWFOUNDLAND, }
Saint John's  To WIT:  }

          I do swear that I believe this to be the Last Will and Testament of Phoebe Smith late of Topsail in the Central District widow ------------------------------------------- I do further swear that I will pay all the Debts and Legacies of the said deceased so far as her 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, Credits and Effects of the said Phoebe Smith, deceased, and of which she died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of three hundred and fifty dollars

So help me God.

Sworn before me, at St John's }                    William B. Smith
This 18th day of                       }
(G.I.A. 20th G.I.A.)                }
April   A.D., 1894                    }

Geo. I. Adams
Commissioner of Affidavits.
----------------------------------
Supreme Court.

 

 

1894

Estate of Phoebe Smith
late of Topsail
Central District
Widow deceased
-------

Probate granted to
William B. Smith
of St John's
Central District
Carpenter
the Executor named
in the Will.

Dated 25th April 1894

Estate sworn under $350.00

 

 

Certificate

I hereby certify that the notice on the other side hereof written has been posted in the office of the Chief Clerk and Registrar of the Supreme Court from the date thereof to the present and that no caveat or other objection has been entered thereto
          St Johns April 9th 1894
          Chief Clerk's Office

Geo. I. Adams
A.C.of.C.
--------------------

 

 

Notice
----------

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 to the Will of Phoebe Smith late of Topsail in the Central District widow deceased to be granted to William B Smith the Executor therein named.
          St Johns March 13th 1894
                                        Chas H. Hutchings
(Written at angle)          Solicitor
G.I.A. A.C.of.C              ------------
Stamp of Registrar's Office affixed, dated 13 Mar 1894.

 

 

A          J.P.C.

          This is the last will and Testament of one Phoebe Smith of Topsail in the District of Harbour Main. I hereby give devise and bequeath unto my son William B Smith to his heirs executors and assigns absolute by and for ever my dwelling house, outhouse and lands and all my real and personal estate whatsoever & wheresover. And I appoint the said William B Smith sole executor of this my last will and Testament, and hereby revoke all previous wills by me at any time heretofore made
          In witness whereof I hereto set my hand on this second day of March in the year of Our Lord One thousand eight hundred and ninety four

her
Phebe X Smith
mark

          Signed by the above Phebe Smith in our presence- who in her presence and in the presence of each other subscribe our names as wit-nesses
John Reay
Robert Cheaytor

 

 

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

NEWFOUNDLAND, }
St Johns   To WIT:       }

I John Reay of Topsail in the Central District Methodist Minister make oath and say that on the Second day of March A.D., One Thousand Eight Hundred and Ninety-Four at Topsail I was present and did see Phebe Smith, late of Topsail aforesaid Widow the Testatrix named in the paper writing hereunto annexed, marked A, duly sign, (by making her mark) publish and declare the said annexed paper writing, as and for her last Will and Testament in my presence, and in the presence of Robert Cheaytor the other subscribing witness thereto. That I and said Robert Cheaytor then and there signed our 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 preseence of me and the said Robert Cheaytor 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 my knowledge and belief.

Sworn before me, at St John's }
this 13th day of                         }
March A.D., 1894                     }                    John Reay
          Jos P Carty
Commissioners of Affidavits,
Supreme Court.

 

 

In the matter of
the Estate of
Phebe Smith
late of Topsail
widow deceased
-------

Will & proof
-------

Filed
March 15. 1894
J.P.C

 

 

To the Honourable the Supreme
Court of Newfoundland or one
of the Honourable the Judges
Thereof.

          The Petition of William B Smith of St Johns Carpenter-

Humbly Sheweth

  1. That Phoebe Smith late of Topsail in the District of Harbour Main Widow died on the           day of March 1894 having made and published her - last Will and Testament hereto annexed marked 'A' proved in common form
  2. That the said deceased was possessed at the time of her death of property of the probable value of Three hundred dollars.
  3. That the said Phoebe Smith left her surviving Three daughters .Jane wife of Jonathan Mercer; Celicia(?) wife of Philip Williams and Emily wife of W.F. Horwood and two sons . Nathaniel and your Petitioner
  4. That in and by her said last Will and Testament the said Testatrix appointed your Petitioner thereto and that no Probate has been granted thereto



    Page 2


  5. Your Petitioner therefore prays that Probate of the said Will be granted to him forth of this Honourable Court and as in duty bound he will ever pray &c &c &c

          Dated at St Johns this ninth day of April AD 1894

William B. Smith

 


Newfoundland }
St Johns SS      } I William B Smith of St Johns aforesaid Carpenter the within named Petitioner make oath and say that the contents of the within Petition are just correct and true to the best of my knowledge and Belief
Sworn before me at            }
St Johns aforesaid this       }                    William B Smith
9th day of April AD 1894  }

Geo. I. Adams
-------------------
Comm. of. C.

 

 

450
Supreme Court

In the matter      }
of the Estate of }
Phoebe Smith  }
late of Topsail    }
deceased          }

Petition for
Probate
------

Fiat.
Js. I. Little
J

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Saturday August 11, 2018)

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