James Elliott
          1888

Newfoundland            }
In the Supreme Court }

AFFIDAVIT

(Areas of this page are torn and/or missing)
??????? that you believe ??? to be the true ??? Will and Testament of James Elliott late of Saint Johns in the Central District of Newfoundland Tinsmith, deceased

You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a 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 you shall be lawfully called thereto; And you shall further swear that the whole of the Goods, Rights ???els, Assets, Credits, and Effects of the said James Elliott deceased, and of which he died possessed do not, according to the best of your knowledge, judgment and belief, amount to the value of Twenty four thousand Dollars

So help you God,

C.R. Thomson
Wm Jno Barnes

Sworn before me, at St. Johns
this 30^th day of July
A.D. 1888 by the said Charles
R. Thompson and the said
Wm Jno Barnes.

Geo I. Adams
Commissioner of Affidavits, Supreme Court.

1888

Estate of James Elliott

late of St. Johns

In the Central District

Tinsmith deceased

Dated 30 July 1888

Probate granted to Charles R
Thomson & Wm. B. Barnes
the executors named in the Will

Estate sworn under $24,000.00

Supreme Court of Newfoundland.

St. John's
To Wit
E. P. Morris of Saint Johns Barrister at Law maketh oath and saith that on the 23^rd day of June A.D. one thousand eight hundred and eighty eight at Saint Johns he, this Deponent, was present and did see James Elliott late of Saint Johns the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of Charles R. Thomson the other subscribing witness thereto. That Deponent and said Charles Thomson then signed their 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 signed as aforesaid, by the said Testator and the said witnesses, it was read over and approved of by the said Testator in the presence of Deponent and the said Charles Thomson 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 Deponent's knowledge and belief.

Sworn before me at St.
Johns aforesaid, this 19^th
day of July                                                  E. Parsons
A.D. One Thousand Eight
Hundred and Eighty eight

          Geo. I. Adams
          Commissioner of Affidavits

Supreme Court of Newfoundland

St. John's
To Wit

G.P. Morris of Saint Johns Barrister at Law maketh oath and saith that on the 27^th day of June  A.D. one thousand eight hundred and eighty eight at Saint Johns he, this Deponent, was present and did see James Elliott late of Saint Johns the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for a codicil to his his last Will and Testament, in the presence of this Deponent and of Charles R. Thomson the other subscribing witness thereto. That Deponent and said Charles Thomson then signed their names to such Codicil as such witnesses, in the presence of the said Testator and of each other. That previously to the said Codicil being so signed as aforesaid, by the said Testator and the said witnesses, it was read over and approved of by the said Testator in the presence of Deponent and the said Charles R. Thomson and that at the time of the said execution of the said Codicil 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                              G.P. Morris
27^th day of July
A.D. One Thousand Eight
Hundred and Eighty-eight

          Geo. I. Adams
          Commissioner of Affidavits

This is the last will and testament of me James Elliott at present of Saint Johns in the island of Newfoundland tinsmith. First I give devise and bequeath unto my daughter Mary Anne wife of Charles Thompson that property known as "Craig Miller" now in his possession, the said property is situate on the Cock Pit Road and all dwellings and erections on the same ??? from the control of any her present or any future husband she may have. Second I devise and bequeath unto my aforesaid daughter that property known as "Sudbury Hall Estate" a portion of which I now occupy situate on Water Street West in the town of Saint Johns aforesaid and all dwelling and erections on this same and all profits and ??? arising out of the same subject ??? following conditions, that ??? ??? ??? issue and profits arising from a ??? ??? ??? Estate my executors shall annually pay ??? to my wife Mary Elliott the sum of three hundred and twenty dollars for her maintenance and support that is to say while my said wife shall remain unmarried, and in the event of her marriage or death the said annual sum of three hundred and twenty dollars shall then and there cease to be paid. In connection with the said property it is my will that during the life of my said wife and the children of my said daughter the said property shall not be mortgaged or sold. This I direct that my executors hereinafter mentioned shall sell that field situate near ??? Cross Roads adjoining the property of Captain Patrick Ryan and invest the proceeds of the same in the name of my little grand daughter Agnes Thompson to whom I leave whatever sum shall be realised for the same the said sum and the interest thereto to be paid her when she arrives at the age of twenty one years. I devise that out of whatever monies I shall die possessed of and which shall come into the hands of my executors they shall find pay all my just debts and funeral expenses and the balance shall be paid and distributed by my said executors as follows two hundred dollars to the Reverend John Ryan Parish Priest Saint Patricks Parish Saint Johns two hundred dollars to Villa Nova Orphanage two hundred dollars to Belvidere Orphanage one hundred dollars for high mass & low masses for my soul one hundred dollars towards the Dorcus Society of Saint Johns one hundred dollars towards Saint Vincent de Paul (ladies) society of Saint Johns four hundred dollars to my wife Mary Elliott one thousand dollars to Frances? Thompson my granddaughter two hundred dollars to Katie Thompson granddaughter two hundred dollars to Arthur Thompson my grandson the said sum to be subject to the like provision and invested in the same way (that is the ??? last sum to my grandchildren) as is provided for in the bequest to my grandchild against the balance of monies remaining in the hands of my executors when the aforesaid sums shall have been paid will be ??? then paid over to my daughter Mary Anne Thompson ??? I give and bequeath unto my wife Mary Elliott all the furniture in the dwelling house in which I now reside for her use during her life and at her death the same shall go to my daughter Mary Anne Thompson and it is my express condition that during her use of the same she shall not dispose of any of it. All other property wh???her co?? h??? a ??? shall be sold by my executors and the proceeds shall form ??? of my monies already referred to. Sixth, I give and bequeath unto my son in law Charles Thompson my watch and a set of new Carriage harness also my watch guard I refer to the gold one. I nominate and appoint Charles Thompson my son in law and William Barnes? merchant executors of this my will. In witness whereof I have hereunto subscribed my name by affixing my mark at Saint Johns aforesaid this twenty third day of June A.D. one thousand eight hundred and eighty eight.

Signed by the said testator by
affixing his mark as his last
will and testament in the presence                                    his
of us whom his presence at his                              James X Elliott
request and in the presence of                                          mark
each other have hereunto
subscribed our names as witnesses
(the same having been first read over
and explained to the said testator)
the words "and twenty? and ?????
??? ??????? and the words "any
on this final page?

          (signature heavily smudged and illegible)

This is a codicil to the last will and testament of me James Elliott of Saint Johns in the Island of Newfoundland which will bear date the 23^rd day of June A.D. 1888.
I wish it to be understood that in the event of my wife marrying again she shall by that act forfeit all claim to the use of the furniture left herein my said will and the same shall revert to my daughter Mary Anne Thompson date of the said marriage In testimony whereof I have hereunto subscribed my name by affixing my mark at Saint Johns aforesaid this 27^th day of June AD 1888
Signed by the said testator (by affixing his mark) as and for a codicil for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses (the same having been first read over and explained to the rest of us (the words "a codicil to" having been first interlined on fourth page.)

E. Morris
Wm Barnes
? R Thomson

To the Honorable the Supreme Court or to one of the Honorable the Judges thereof.

The petition of Charles R. Thompson and William J. Barnes Executors of the last will and testament of James Elliott Humbly sheweth as follows

That James Elliott late of Saint Johns in the Island of Newfoundland tinsmith, died at the above place on the 19^th instant having previously made his last will and testament which is hereto annexed proven upon the affidavit of E. P. Morris Barrister at Law one of the subscribing witnesses to the same.

That under this said will your petitioners were appointed as executors

That at the time of his death deceased was possessed of property within the jurisdiction of this Honorable court of the probable value of twenty three thousand dollars.

That neither probate to my will or letters of administration has as yet been granted to any person.

Petitioners therefore pray that probate of the said annexed last will and testament of the said James Elliott may be granted to them and as in duty bound they will ever pray.

Dated at Saint Johns this 27^th day of July A.D. 1888

C. R. Thompson
Wm. J. Barnes     

Supreme Court

Newfoundland
St. Johns

          Charles R. Thompson and William J. Barnes of Saint Johns the parties named in the fore going petition maketh oath and saith that the general matters and things therein contained are correct and true within the best of their knowledge and belief.

Sworn before me at
Saint Johns aforesaid                              C. R. Thompson
this 27^th day of July A.D.                       Wm. J. Barnes
1888 by the said C.R.
Thompson and the said
Wm. J. Barnes.
          Geo. I Adams
          Commissioner

1888

In the matter of the
Estate of James
Elliott late of St. Johns
Tinsmith deceased

Petition of Exors
for Probate

Fiat J. I. Little
C. J.

(seal of Registrar's office St. Johns
dated Jul 27, 1888)