Robert Miller
         1895

Estate of Robert Miller 1895
From LDS Microfilm #2057393

AFFIDAVIT
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In the Supreme Court of Newfoundland
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NEWFOUNDLAND
St. Johns   To Wit         We William N. Churchill of St. John's aforesaid Superintendent of Public Works and Thomas Allen of Topsail, but at present of St. Johns, Carpenter do swear that we believe this to be the true Last Will and Testament of Robert Miller late of Topsail, Conception Bay, Farmer, 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 shall 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 Robert Miller, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of twelve hundred and fifty dollars

So help me God

Sworn before me, at                                             Wm. Churchill
St. Johns this 27^th day                                         Thomas Allen
of August A.D. 1895 by the said
Wm. Churchill and
Thomas Allen

Geo. I. Adams
Commissioner of Affidavits
Supreme Court

1895

Estate of Robert Miller
late of Topsail
in the Central District
Farmer deceased

Probate granted to
William H. Churchill and
Thomas Allen of St. Johns
in the Central District
the Executors named
in the Will

Dated 27^th August 1895

Estate sworn under $ 1250.00

Notice

Three days after the date hereof application will be made to the Honourable the Supreme Court or one of the Honourable the Judges thereof for Probate to the Will of Robert Miller late of Topsail in the Central District Farmer deceased to be granted to William Churchill and Thomas Allen the Executors in the said Will named.
         St. Johns August 9^th 1895
F. J. Morris
Solicitor for Executors

Certificate

Jos. P. Carty
ACSC

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

         The Petition of William Churchill and Thomas Allen both of Topsail in Conception Bay, Newfoundland

Humbly Sheweth as follows

         That Robert Miller late of Topsail aforesaid died at that place on the eighth day of July last past.
         That previous to his death the said deceased made and executed his last Will and Testament which is hereunto annexed, proven upon the affidavit of the said Thomas Allen one of the subscribing Witnesses thereto.
         That in and by the said last Will and Testament the said deceased nominated and appointed your petitioners as Executors thereof
         That at the time of his death the said deceased was possessed of property within the Jurisdiction of this Honourable Court of the probable value of Twelve hundred dollars.
         That neither Probate to any last will nor Letters of administration to the Estate of said deceased have as yet been granted to any

person
         Your Petitioner would therefore humbly pray that your Honourable Court will grant them probate to the last Will and Testament of the said deceased as Executors thereof and as in duty bound they will ever pray &c &c &c
         Dated at S. Johns this 19^th day of August AD 1895

Supreme Court
Newfoundland
St. Johns SS

         Mr. William Churchill and Thomas Allen the Petitioners named in the foregoing petition make oath and say that the several matters and things therein set forth are just correct and true to the best of our knowledge and belief.

Sworn before me                                             Wm. Churchill
at S. Johns this 19 day
of August AD 1895                                         Thomas Allen
by the said Wm. Churchill
and Thomas Allen

Geo. I. Adams
Comm'r SC

1895

Petition of William
Churchill and Thomas
Allen Executors of the
Will of the late Robert
Miller late of Topsail
Farmer deceased for
Probate to be granted
to them as Executors
aforesaid.

Fiat
J.J. Little
J.

27^th Aug 1895

(Written to the right side of the above)
 3.75
   .50
 1.50 proof
 1.50 affts
 2.25 Copy
 2.25 Reg'r
11.75

Last Will of Robert Miller

"A"
(Illegible initials and signature)
In the name of God Amen

I Robert Miller of Topsail South Shore of Conception Bay, Newfoundland, Being through the goodness of Almighty God of sound mind and memory - but aware of the uncertainty of human life do make^{publish and declare} this my last will and testament. That is to say first I ??? my soul to God who gave it and desire my body may be Decently buried in Topsail Methodist Burying ground in place selected by me for my family interment.
With respect to my worldly goods, I give bequeath and devise my estate and property as follows -
First - I give and bequeath to my daughter Julia Ann Perry and her husband William Perry all that piece or parcel of land on which my dwelling house stands, bounded as follows: On the East by land owned by Sir Jas. S. Winter and road leading to sea side, on the West by land owned by my son Joseph Miller on the South by Main Road and on the North by the sea. Together with my dwelling house well house and dairy, also half my stable, my son Joseph Miller to have the use of the other half untill [sic] he builds one, he William Perry to assist him in the building of said stable. After that said William Perry to have sole right to the whole of my stable, measurement of land to be as follows, Frontage by Main Road 164 one hundred and sixty four feet - On the sea side (160) one hundred and sixty also part of property - willed by me to my two grandchildren Daniel and Howard Miller for his use, untill [sic] they ?ive to the age of Twenty one years, unless by the mutual consent of all parties concerned they may sell before they come to the age of twenty one years, as may be hereafter provided in my will. This piece of land contains the sowing of six barrels of potatoes put in with plough under good cultivation and bounded by land owned by John Barnes on the West and on the

East by Millers Road in consideration for which he, William Strong is to look after both me and my wife for the period of our natural life, said property to never go out of but always remain in the name of Perry or Miller
I also give and bequeath to my son Joseph Miller all that piece of land West of my stable and bounded as follows. On the East by land herein willed by me to Julien and William Perry - on the South by Main Road, on the West by land owned by John J. Buttler? and on the North by the sea. Also - all that piece of land East of Sir Jas. S. Winters and bounded as follows - on the East by land owned by Annias? Miller, on the South by Main Road, on the West by land owned by Sir Jas S Winter and on the North by the sea. My son Joseph Miller binding himself to comply with the ??? that he will erect (or be erected) 4 headstones, one each to myself and my wife, and two to the other four now lying in the burying ground on the faithful performance of such the aforementioned piece of land to immediately fall in his posesion [sic]
I also give bequeath and devise to my son Joseph Miller my horse & carriage and all other farming utensils that may be on my place at the time of my death; also any stock that may be there at that time of my death
I also give and bequeath to my two grandsons Daniel and Howard Miller that piece or parcel of land on the South of Main Road and bounded as follows - on the East by land now in the occupancy of Mrs. J? Crocker? and land in the occupancy of Mrs. Esau Harding and Millers Path on the South by land owned by my son Joseph Miller on the West by land owned by my son Joseph Miller and on the North by Main Road and running back? to land herein mentioned as in the occupancy of Wm Perry - the whole containing ? or ? acres more or less. The said Daniel and Howard Miller to come in possesion [sic] of said land at the age of twenty my son Joseph Miller to occupy last mentioned piece of land untill [sic] Daniel and Howard Miller come to the aforesaid age 21 years

one years ??? They then feel disposed to ??ll said land rather than occupy it - They are to give my children which may be living at that time the first privilege of Purchasing said Land, Price to be decided by arbitration - They Chosing [sic] two and my children two others the Decision of Such arbitration to be final,
And last I hereby Constitute and appoint my nephew Thomas Allen and William H. Churchill to be the executors of this my last will and testament, revoking and annulling all former wills by me made and 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 Twenty sixth day of May one thousand eight hundred ninety four.

Robert Miller
Signed Published and delivered by the above named Robert Miller as his last Will and Testament in presents [sic] of us, who at his request have signed as witnesses of the same
Thomas Allen
Wm. Churchill

Supreme Court of Newfoundland
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St. John's
To Wit         I Thomas Allen of Topsail in Conception Bay Carpenter make oath and say that on the 26^th day of May A.D. one thousand eight hundred and ninety four at Topsail I was present and did see Robert Miller late of Topsail Farmer the Testator named in the paper writing hereunto annexed duly sign publish and declare the said annexed paper writing, marked A as and for his last Will and Testament, in the presence of me and of William Churchill the other subscribing witness thereto. That I and said William Churchill 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.                                    Thomas Allen
Johns aforesaid, this
Seventh day of August
A.D. One Thousand Eight
Hundred and ninety five

Geo. I. Adams
Commissioner of Affidavits