George Cull

Newfoundland                    }
in the Supreme Court          }

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

You shall swear that you believe this to be the true Last Will and Testament of

George Cull late of Caplin Cove in the Northern District of Newfoundland, Planter

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, full 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 Planter Deceased, and of which he died possessed, do not, according to the best of your knowledge, judgement and belief, amount to the value of three thousand eight hundred dollars.

So Help You God.

William How

SWORN before me, at St. John's
this 7^th day of
November A.D. 1888

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

          1888

Estate of George Cull

late of Caplin Cove

In the Northern District

Planter deceased

Dated 8^th day of
November

Probate granted to Rev. Wm. How

the Executor named in the Will.

Estate sworn under $ 3800.00

En?

A
The last Will and Testament of George Cull

I George Cull, Planter and Trader of Caplin Cove, Conception Bay in the Electoral District of Bay de Verde, Newfoundland being of weak body, but of sound mind and understanding do hereby make my last Will and Testament.
First I commit my body to the ground and my soul into the hand of its Creator in hope of a joyful Resurrection at the last day.
Item: I give and bequeath to my son Thomas the House in which I now live, with the shop, stores, stables, and all and Every other building on my land, not otherwise bequeathed, provided that my wife and my daughter until either marry, or wishes to reside elsewhere, shall have a right to live therein.
Item: I give and bequeath all my right and title to the land upon which the fishing flakes now in use by my sons, James, Charles, and Josiah, to each of the said sons, as they now use them.
Item: I give and bequeath to my son Thomas the whole of the rest of the fishing flakes for his own sole use and benefit.
Item: I give and bequeath to my three sons Charles, Josiah and Thomas and my daughter should she ever marry in Caplin Cove and aquire the use thereof, to my fishing stage in equal shares for their joint use and benefit.
Item: I give and bequeath to my son, Thomas, my boat, "Mary Jane" with also her sails and gear for his own sole use and benefit.
Item: I give and bequeath to my three sons, Charles, Josiah and Thomas, my fishing traps for their joint use and benefit.
Item: I give and bequeath to my son, Thomas, all my fishing nets for his own sole use and benefit.
Item: I give and bequeath to my four sons, James, Charles, Josiah and Thomas my caplin seine for their joint use and benefit.
Item: I give and bequeath to my son, Thomas, all my punts, for his own sole use and benefit.
Item: I give and bequeath to my sons Charles and Josiah all my right and title to the land upon which their summer house is bin? built.
Item: I give and bequeath to my son Thomas all my meadow and garden land, for his own sole use and benefit.
Item: I give and bequeath to my son, Charles, one Calf.
Item: I give and bequeath to my son, Josiah, one Calf.
Item: I give and bequeath to my daughter on her marriage, one Calf, if she wish for it.
Item: I give and bequeath to my daughter one horse.
Item: I give and bequeath to my son, Thomas, all and each of my horses and cattle and sheep not otherwise bequeathed, provided that my wife and my daughter until either marry, share in the benefit thereof as long as they live.
Item: I give and bequeath to the Diocesan Synod of Newfoundland all my right and title to the land upon which the School House at Caplin Cove is built with a right of way from the road to the school House, and from the School House to the Graveyard.
Item: I give and bequeath to my son Thomas all the furniture in the house in which I now live provided that my wife and my daughter until either marry have the right to the common use of the same.
Item: I give and bequeath to my son, Thomas, my carriage, cart harness, slides, and sleigh, provided that he allow the use of all and each to my wife and daughter as long as they need.
Item: I give and bequeath to my son, James, a clearance from all debts he may owe me at the time of my decease.
Item: I give and bequeath to my son, Josiah, a clearance from all debts he may owe me at the time of my decease.
Item: I give and bequeath to my daughter the sum of Four hundred dollars in money out of the balance to my Credit at the Commercial Bank of Newfoundland.
Item: I give and bequeath to my three sons James, Josiah and Charles each one thirtieth part of the balance to my Credit at the Commercial Bank after the bequest to my daughter has been paid, provided that the said balance does not exceed Twenty four hundred Dollars. If the balance exceed that amount, the said three sons are to have Eighty Dollars Each.

          Item: I give and bequeath to my son, Thomas, whatever balance remains to my Credit at the Commercial Bank after ??? ??? ??? debt has been paid.
Item: I give and bequeath to my son Thomas all my debts owing to me at my decease, provided always that my wife and daughter Mary Jane are provided for by him, so long as they, or either of them, remain unmarried.
Item: I give and bequeath to the Reverend William How the sum of Sixty Dollars.
Item: I hereby appoint the Rev. William How the sole Executor of this Will.

Signed and delivered as the my last Will and Testament this fourth day of July, one thousand eight hundred and eighty eight.
Signed: George Cull
Signed in our presence and ???                    } Josiah Cull
of the said George Cull as his last Will        } ??? Cull
and Testament, on the date mentioned

Newfoundland          }
Old Perlican to wit    }

          I William How of Bay de Verde in the Northern District Clerk in Holy Orders made oath and say that on the fourth day of July last past I visited George Cull the Testator named in the paper writing hereto annexed marked A That at the request and direction of the said late George Cull I drew up and prepared the paper writing hereto annexed marked A as and for his last will and Testament, That at the request of the said late George Cull the witnesses, Josiah Cull and Charles Cull also the Testators widow Amelia Cull his two sons Thomas and James and his daughter Mary Jane were summoned to his room. That the said late Testator then signed the paper writing hereto annexed as and for his last will and Testament in the presence of this deponent, the witnesses Josiah Cull and Charles Cull also that of the testators widow Amelia Cull his two sons Thomas and James and his daughter Mary Jane. That after the testator had so signed the paper writing hereto annexed this deponent asked the said Testator 'Do you declare this as your last will and Testament', to which he said

Testator replies Geo, that this deponent immediately read over to the said Josiah Cull and Charles Cull the words "Signed in our presence and delivered by the said George Cull as his last will and testament on the date mentioned." That the said Josiah Cull and Charles Cull then and there in the presence of the said Testator, this deponent, Testators widow Amelia Cull his two sons Thomas and James and his daughter Mary Jane and of each other all present at the same time signed the paper writing hereto annexed as witnesses. That the said Testator at the time he so signed and published the said paper writing hereto annexed was of sound and disposing mind memory and understanding to the best of deponents knowledge and belief.

Sworn before me at Old           }
Perlican aforesaid this              } William How
fifty (sic) day of October          }
AD 1888                                 }
W ???
Comm'r of Affidavits
Supreme Court

To the Honorable the Supreme
Court of Newfoundland or
to one of the Honorable the judges
thereof

In the matter of the estate of
George Cull of Caplin Cove
Conception Bay Planter and
Trader declared

          The petition of William How Bay de Verde Conception Bay Clerk in Holy Orders

Humbly Sheweth

          That George Cull late of Caplin Cove aforesaid deceased died on or about the twelfth day of August last past with a will which is hereunto annexed marked A

          That your petitioner was appointed Executor of said will.

          Your petitioner therefore humbly prays that the witnesses of the said will may be cited to appear before your Honorable Court or one of the Honorable the Judges thereof to shew cause if any ??? have why the said will should not be proven in Solemn Form.
and

          And as in duty bound your petitioner will ever pray

St. Johns Newfoundland
November 1^st 1888

William How

Newfoundland          }
St. Johns to wit         }
William How at present of St. Johns Clerk in Holy Orders maketh oath and saith that the several matters and things contained in the foregoing petition are just and true to the best of deponents Knowledge and belief.

Sworn before me at St. Johns
aforesaid this 1^st day of
November A.D. 1888                              William How

          Jos P. Carty
          Comm'r

          Supreme Court
          Probate Side

The petition of William How
in the matter of the Estate
of George Cull late of Caplin
Cove planter and Trader
deceased

          Fiat to Revd
Wm How Ex. ??? ???
??? ???

          (seal of the registrars office dated Nov 1 1888)

Supreme Court
In the matter of the Estate
of George Cull late of Caplin
Cove Planter and Trader
deceased

          Upon reading the petition and affidavit of the Reverend William How hereunto annexed and upon hearing Geo. Le Messurier of Counsel for the said Reverend William How I do order that Amelia Cull widow of said George Cull and Thomas Cull James Cull Charles Cull Josiah Cull and Mary Jane Cull Children of said George Cull do appear before me in Chambers in the Court House St. Johns on Tuesday next the sixth day of November instant at eleven A.M. to shew Cause why probate of the will of the said late George Cull should not be granted and for proof of said will in solemn form.

St. Johns Newfoundland
The third? day of November AD 1888
FBT Carter
C J

In the matter of the
Estate of George Cull
late of Caplin Cove
Conception Bay
Planter and Trader
deceased

Order for proof of Will in
Solemn Form

(seal of Registrars office dated Nov 5, 1888)

Notice

After three days from date hereof application will be made to the Honorable the Supreme Court of Newfoundland or to one of the Honorable the Judges thereof for letters of probate of the will of George Cull of Caplin Cove Conception Bay deceased to be granted to the Reverend William Howe the Executor named in the will.
St. Johns Newfoundland
The 14th day of September AD. 1888
George Le Messurier
Proctor for Executor
(^Seal of Registrars office
dated Sept 14 1888)

Certificate

I hereby certify that the notice on the other side hereof written was posted up in my office on the day of the date thereof and since that date has remained so posted and further that no caveat or objection has been entered thereto.

St. Johns Newfoundland
The 18^th day of September AD 1888

Jos. P. Carty Comm'r

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

          The petition of William How of Bay de Verde in the Northern District Clerk in Holy Orders

Humbly Sheweth

          That George Cull of Caplin Cove in the Northern District Planter & Trader deceased died on or about the twelfth day of August last past with a will which is hereunto annexed marked A.
That at the time of the decease of the said late George Cull he was possessed of property and effects of the probable value of three thousand seven hundred dollars.
          That by the Will of the said late George Cull your petitioner was appointed sole Executor thereof.
          That no probate or letters of administration of the Estate of the said late George Cull have been granted.
          Your petitioner therefore humbly prays that your Honorable Court, or one of the Honorable the Judges thereof will grant probate of the Will of the said late George Cull to your petitioner
          And as in duty bound your petitioner will ever pray & c & c

Bay de Verde Newfoundland
The 14^th day of September AD 1888
William How

Newfoundland
Old Perlican Court
William How of Bay de Verde in the Northern District Clerk in Holy Orders maketh oath and saith that the several matters and things set forth in the foregoing petition are just and true to the best of deponents knowledge and belief.

Sworn before me at
Old Perlican aforesaid                    William How
this fourteenth day of
September AD 1888

(Illegible signature)
Comm'r of Affidavits
Supreme Court

(official seal of Registrars Office
dated Nov 7 1888)

Supreme Court
Probate Side

Petition and affidavit

In the Matter of the Estate
of Georg Cull late of
Caplin Cove in the Northern
District deceased

Fiat after? proof?
in Solemn? Court? in
presence of parties?
and C??? all
Consenting? to Probate
to Revd Wm Howe
sole Executor

          FBT Carter
??? ???