Alfred Butler
          1895

Estate of Alfred Butler 1895
From LDS Microfilm #2057393

AFFIDAVIT
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND }
Saint Johns   To Wit   } I do swear that I believe this to be the true Last Will and Testament of Alfred Butler late of Middle Bight, South Shore of Conception bay in the Central District 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, Credits and Effects of the said Alfred Butler, deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Five hundred dollars

So help me God

Sworn before me at St. Johns
this 5^th day of October A.D. 1895               Francis F. Furneaux

Jos. P. Carty
Commissioner of Affidavits,
Supreme Court

1895

Estate of Alfred Butler
late of Middle Bight
Conception Bay
in the Central District
Fisherman deceased

Probate granted to
Francis F. Furneaux
of Middle Bight South
Shore of Conception Bay
School Teacher the
Executor named in the Will

Dated 22^nd October 1895

Estate sworn under $500.00

To the Honorable Sir Frederick B.T.
Carter K.C.M.G. Chief Justice
of the Supreme Court of New
foundland or to one of the
Honorable the Judges thereof.

          The Petition of Francis F. Furneaux of Middle Bight South Shore of Conception Bay in the Central District of Newfoundland School Teacher

Humbly Sheweth

          That Alfred Butler of middle Bight aforesaid Fisherman and Farmer died at that place on or about the          day of May last past leaving him surviving his widow and three Children all under the age of Twenty one years.
          That at the time of his death said deceased was possessed of property and effects within the Jurisdiction of your Honorable Court of the probable value of Five Hundred Dollars.
          That the said deceased left a Will which has been proven in due form of Law by your Petitioner who was one of the Subscribing Witnesses thereto and which said Will and affidavit of proof are hereunto annexed

          That under said Will your Petitioner was appointed Sole Executor
          That neither Probate or Letters of Administration have as yet been granted to said Estate
          Your Petitioner therefore prays that Probate to the said Will may be granted to him
          And as in duty bound he will ever pray
          Dated at St. Johns this 24^th day of August A.D. 1895

Francis F. Furneaux

In the Supreme Court of Newfoundland

St. Johns
To wit
I Francis F. Furneaux of middle Bight Conception Bay in the Island of Newfoundland School Teacher make oath and say as follows

1. That I am the Petitioner named in the foregoing Petition
2. That the Contents of the said Petition are correct and true to the best of my knowledge and belief

Sworn before me                              Francis F. Furneaux
at St. Johns aforesaid
this 24^th day of August
A.D. 1895

Geo. I. Adams
Comm'r SC

In the Supreme Court
of Newfoundland

In the matter of the Will
of Alfred Butler late of
Middle Bight Conception
Bay Fisherman deceased

Petition of F.F. Furneaux the
Executor for Probate

Fiat
Aug 24 / 95

J.S. Winters
J.

A

          In the Name of God, Amen.
          I Alfred Butler of Middle Bight, South Shore of Conception Bay, Newfoundland, Fisherman and Farmer being very weak and sick in body but of perfect mind and memory, do make and ordain this my last Will and Testament.
          First, I give and bequeath to my beloved Wife Agnes while she is alive and remains in my name, all that I possess viz: Dwelling House, goods and Clothes Stable cellar, and all my cultivated and uncultivated land except the portion of uncultivated land I intend giving to my boy Thomas Kennedy also all my farming implements, plough, harrow, horse, carts, cattle, sheep and all what I possess in the store at the Waterside. Also what boats and fishing gear may belong to me at the end of the voyage. Also my barometer, binoculars, and all my carpenters tools.
          All that I have given and bequeathed to my wife is for the support of herself and my children.
          My wife if she should marry again is not to bring her husband on my place to live but if her husband would be willing to take my youngest boy Walter Garland he can have the use of all the land that I own south of the railroad for his support until he is of age, then my son can take possession of it, but if he should die his surviving brother or sister is to take possession of all that piece.
          If my wife should die or marry again my land is to be divided in the following manner.
          First, The piece of land that my Dwelling House is on is to be equally divided between my two sons William and Walter Garland. My son William is to take the West half and occupy the dwelling house, and my son Walter Garland the East half. Second my land at

Foxtrap is to be equally divided between my two sons and the one that takes possession of the piece north of the railroad is to have a road through my inside land to get to it.
          Third, my inside land is to be divided into three equal shares between my two sons and my boy Thomas Kennedy if he stays with my wife and helps to support the family until he is twenty one years old. The land is to be divided East and West in strips? The said land is bounded as follows. West by Country Path or Road; East by Foxtrap River, North by Joseph Butler (my brother) and South by Crown land. Thomas Kennedy is to take the South part or inside strip. The said piece of land contains sixteen acres more or less. I give to my son William the long meadow at Middle Bight out side the Main Road. My Waterside land is to be divided into two parts between my two sons. All the Fishing gear that I have given and bequeathed to my wife she can dispose of to the best advantage for the good of herself and my children. If Thomas Kennedy should not require the land that I have given him he can sell it or give it to my two sons. It is my desire that the Rev'd Ed Colley will have the Kennedys to see that my children are brought up in a God fearing manner and give them good advice if needed. And I do appoint Mr. Francis Frederick Furneaux, School Teacher, sole Executor of this my last Will and Testament, trusting that he will settle everything to the best advantage for my wife and children. And I do hereby utterly disallow, revoke and disannul all and every other former Testament, and Wills and Executors by me in anywise before named, Willed, and bequeathed, ratifying and confirming this, and no other, to be

My last Will and Testament. In Witness whereof I have hereunto set my Hand and Seal this nineteenth? day of June in the year of our Lord one thousand eight hundred and ninety four.

Sealed, published, pronounced
and declared by the said Alfred Butler
as his last Will and Testament having                    Alfred Butler
been first read over in the presence of
us who in his Presence and in the
presence of each other, have hereunto
subscribed our Names as Witnesses.

Francis F. Furneaux
Commissioner of Supreme Court of Newfoundland
William Butler
Matthew Butler

Will

Alfred Butler

Certificate

I hereby certify that the notice on the other side hereof has been posted in my office from the date thereof to the present and that no Caveat or other objection has been entered thereto.
          Dated this 24^th day of August 1895

Notice

Three days after date application will be made to one of the Honorable the Judges of the Supreme Court of Newfoundland for Probate to the Will of Alfred Butler late of Middle Bight South Shore Conception Bay, Planter deceased to be granted to Francis F. Furneaux of same place, the Executor named in said will.

Dated at St. Johns July 5^th 1895
                                        J.A. Clift
(Illegible initials)          Solr for Executor
ACSC

Supreme Court of Newfoundland
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St. John's
To Wit          I Francis F. Furneaux of Kelligrews Conception Bay in the Island of Newfoundland School Teacher (at present of St. Johns aforesaid) make oath and say that on the Nineteenth day of June A.D. one thousand eight hundred and ninety four at Middle Bight, Conception Bay I was present and did see Alfred Butler late of Middle Bight aforesaid the Testator named in the paper writing Marked "A" as and for his last Will and Testament, in my presence and in the presence of William Butler of Middle Bight aforesaid Fisherman the other subscribing witness thereto. That I and said William Butler and Matthew Butler then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other, and 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 Deponent's knowledge and belief.

Sworn before me at St. Johns
aforesaid, this twenty fourth day of          Francis F. Furneaux
August A.D. One Thousand
Eight Hundred and ninety five

Geo. I. Adams
Commissioner of Affidavits