Thomas Howley
          1899

Estate of Thomas Howley 1889
From LDS microfilm #2057543

NEWFOUNDLAND
In the Supreme Court

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

You shall swear that you believe this to be the true last Will and Testament of Thomas Howley late of Saint John's in the Central District of Newfoundland, Physician, 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 whole of the Goods, Rights, Chattels, Assets, Credits, and Effects of the said Thomas Howley, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Six Thousand Seven Hundred Dollars.

So help you God.

Sworn before me, at St. John's,
this 24^th day of September,                                        Mary Howley
A.D., 1889.

Geo. J. Adams
Commissioner of Affidavits, Supreme Court

1889

Estate of Thomas Howley
late of St. John's
in the Central District
Physician, deceased

Dated 24^th Sept 1889

Probate granted to
Mary Howley
the Executrix named in the Will

Estate sworn under $6700⁰⁰/₁₀₀

In the matter of the Will of Thomas Howley late of St. John's, Physician, deceased.

          Mary Howley of St. John's, Widow of the late Thomas Howley formerly of St. John's, Physician, deceased, and Robert J. Kent of same place, Solicitor, severally make oath and say:
First, the said Robert J. Kent for himself saith that he received from the said Thomas Howley the paper writing hereto annexed dated the eighth day of August last past and purporting to be signed by the said Thomas Howley, that it came to this deponent enclosed with a note from the said Thomas Howley requesting this deponent to read it over as the said Thomas Howley intended it to be his last will and testament.
That the writing of such will by the said Thomas Howley was the result of a previous conversation between the said Thomas Howley and this deponent in the course of which the will of the said Thomas Howley came under consideration.
That after having perused the said paper writing this deponent returned same to the said Thomas Howley who then personally told this deponent that he had written that paper intending it to be his last will and testamen and that it fully expressed his intentions and desires in that behalf. At this last mentioned interview, this deponent left the said paper writing with the said Thomas Howley who was at the time confined to bed and very ill but of sound mind, memory and understanding and at this and the interviews first above mentioned fully comprehended what the subject of conversation was.
That this deponent is well acquainted with the hand writing of the said Thomas Howley and verily believes that the whole contents of the said paper writing as also the signature Thomas Howley thereto

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affixed and as the said Thomas Howley informed this deponent they were of the true and proper hand writing of the said Thomas Howley deceased. And the said Mary Howley for herself saith that she is the widow of the said Thomas Howley and the executrix in the said paper writing named.
That shortly after the interview between the said Robert J. Kent and the said Thomas Howley last above referred to she this deponent found the said paper writing on the bed of the said Thomas Howley and that it has since then been in her custody and charge together with others of the private papers of the said Thomas Howley and that from conversations had with the said Thomas Howley and from the fact that he produced and showed to her this paper writing as his last will and testament and the further fact that he gave to her and she has now in her possession the written instructions referred to in the said paper writing she verily believes that the said paper witting is the true last will and testament of the said Thomas Howley.
That she is well acquainted with the hand writing of the said Thomas Howley and she verily believes that the whole of the contents of the said paper writing and the signature Thomas Howley thereto appended are of the true and proper hand writing of the said Thomas Howley. And these deponents each for himself and herself saith that at the time of the writing of the said paper writing the said Thomas Howley was of sound mind and understanding to the best of his and her knowledge, information and belief.

Sworn before me at St. John's this 23^rd                              Mary Howley
day of September A.D. 1889 by the said                             Robert J. Kent
Mary Howley and Robert J. Kent.
Geo. J. Adams
Commissioner

1889

Sup. Ct.

In the matter of the will of
Thomas Howley
late of St. John's,
Physician, deceased.

Petition for Probate.

Dated Sept^r 23^rd 1889

Fiat
J. J. Little
A.J. S.C.
23 Sept^r /89.

R. J. Kent
Proctor

(Written to the right side of the above:)
???          3.75
C              .50
P             1.75
Af             .75
???            .25
Reg           .25
                7.25

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

The Petition of Mary Howley of St. John's, widow

Humbly Sheweth

That Thomas Howley formerly of St. John's, Physician, died there on or about the twenty first day of August last past. That he made and executed his last will and testament as hereto annexed and which will has been duly proved in common form.
That he left him surviving your Petitioner who is his widow and three children all of whom are still under the age of twenty one years.
That he died possessed of property situate within the jurisdiction of this Honorable Court of the probable value of about Six Thousand Six Hundred dollars.
That in and by his said last will and testament he nominated and appointed your Petitioner as Executrix thereof.
That no probate of any will or administration of the estate of the said deceased has been hitherto granted. Petitioner prays that probate of the said will may be granted unto her and as in duty bound she will ever pray &c &c &c
Dated at St. John's this 28^th day of September A.D. 1889.
Robert J. Kent                                        Mary Howley
Proctor for said Petitioner.

Supreme Court

In the matter of the will of Thomas Howley
late of St. John's, Physician, deceased.

          Mary Howley of St. John's, widow, the Petitioner in the above written petition in this matter named maketh oath and saith that the several matters and things in the said petition set forth are just, correct and true.
Mary Howley
Sworn before me at St. John's this 23^rd
day of September A.D. 1889.
Geo. J. Adams
Commissioner

Notice

After three days application will be made to the Honorable the Supreme Court or to a Judge thereof for probate of the will of Dr. Thomas Howley late of St. John's in the Central District, Physician, deceased, to be granted to Mrs. Mary Howley, the executrix therein named.
Dated at St. John's this 16^th day of September Anno Domini, 1889.

ROBERT J. KENT
Proctor for said Mrs. Howley
(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
SEP 16 1889
NEWFOUNDLAND
GJA, CJ

Certificate

I hereby certify that the notice on the other side, hereof contained, has been posted in the office of the Chief Clerk of the Supreme Court in St. John's, from the date thereof until this date, and that no caveat or other objection thereto has been filed or entered. Dated at the Court House in St. John's this 23^rd day of September Anno Domini, 1889.
Geo. J. Adams
A.J., S. C.

St. John's, N.F.
August 8^th 1889

          I, the undersigned, Thomas Howley of St. John's, physician, do hereby signify the following to be my last wishes respecting the disposal of such property, money or effects as I may die possessed of.
I desire that my beloved wife Mary shall be my sole Executrix, with full power and control over the management and disposal of all my affairs and effects and to

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carry out all my wishes and recommendations as contained in written memoranda in her possession and in verbal instructions conveyed to her from time to time.
I desire that my said wife shall be free from all control or influence of any outside parties whomsoever in the carrying out of this my said last wishes.

Thomas Howley