In the Supreme Court

In re Eliza Kelland, Port de Grave deceased

OATH OF EXECUTOR

Probate granted to John B. Dawe
On the 15^th day of March 1906
Value of Estate $4300.00
Volume 6 Folio 38

TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND
OR TO ONE OF THE HONOURABLE THE JUDGES THEREOF.

The Petition of John B. Dawe of Bay Roberts in the Electoral District of Port de Grave
Humbly Sheweth

1. That Eliza Kelland of Port de Grave in the Electoral District of Port de Grave, Widow, died there on the Second day of December A.D. 1905, having first made and published her last will and testament hereto annexed marked "A" and duly proved, in which she appointed Your Petitioner sole Executor.
2. That The said Eliza Kelland left property within the jurisdiction of this Honourable Court on the probably value of $4,500.00, and that hereto annexed and marked "B" is a just and true inventory and valuation of the same so far as your Petitioner can at present ascertain the same.
3. That the said Eliza Kelland left the following next of kin, Your Petitioner John B. Dawe, William Dawe and Samuel Dawe, nephews and Fanny Bussey, a niece, and John Earle, George Earle and Solomon Earle, nephews.
4. That no probate of any will or letters of administration to the estate of the said Eliza Kelland have been granted or applied for.

Your petitioner therefore prays that Probate of the said will may be granted to him.

And, as in duty bound, Your Petitioner will ever pray, &c.

Dated at St. John's this 6^th day of January A.D. 1906
John B. Dawe

This is the will marked "A" referred in this affidavit of (initialled) JBD

In the name of God Amen.
I Eliza Kelland of Port de Grave Conception Bay in the island of Newfoundland widow of the late William Kelland, merchant, being of sound mind and memory do make and declare this to be my last will and testament in manner following -

That is to say, I order that all my just debts be fully paid and satisfied and after payment thereof and every part thereof, I give and bequeath to my niece Fanny Bussey all my property, namely, dwelling house and store with the garden around the house and also the potato garden at "Back Cove" and all furniture in the house

I also give and bequeath to my niece Fanny Bussey all money I may have left in the Bank or elsewhere at my decease and I hereby nominate and appoint my nephew John B. Dawe to be executor of this my last will and testament hereby revoking and making void any former will by me made and declare this only to be my last will and testament.

In witness whereof I the said testatrix Eliza Kelland have to this my last will and testament affixed my signature this fifth day of September in the year of our Lord one thousand nine hundred and one (1901)
Signed Eliza her X mark Kelland

Published declared and signed by the said testatrix Eliza Kelland as and for her last will and testament in the presence of us who in her presence and at her request and in the presence of each other herewith subscribed our names as witnesses
Witness: Harold Andrews
Aubrey Dawe

Part 2 - Contributed by Judy Benson

Will of Eliza Kelland
from Newfoundland will books volume 7 page 566 probate year 1906

In re the estate of
      Eliza Kelland       deceased

In the name of God. Amen. I Eliza Kelland of Port de Grave Conception Bay in the Island of Newfoundland widow of the late William Kelland, Merchant, being of sound mind and memory do make and declare this to be my last will and testament in manner following. That is to say:
I order that all my just debts be fully paid and satisfied and after payment thereof and every part thereof. I give and bequeath to my niece Fanny Bussey all my property, namely dwelling house and store with the garden around the house and also the potato garden at "Back Cove" and all furniture in the house. I also give and bequeath to my nice Fanny Bussey all money I may have left in the Bank or elsewhere at my decease. And I hereby nominate and appoint my nephew John B. Dawe to be executor of this my last will and testament hereby revoking and making void any former will by me made and declare this only to be my last will and testament.
In witness whereof I the said testatrix Eliza Kelland have to this my last will and testament affixed my signature this fifth day of September in the year of our Lord one thousand nine hundred and one (1901) Signed Eliza her X mark Kelland
Published declared and signed by the said testatrix Eliza Kelland as and for her last will and testament in the presence of us who in her presence and at her request and in the presence of each other herewith subscribe our names as witnesses Witness Harold Andrews.     Aubrey Dawe.

I certify the foregoing to be a correct copy of the last will and testament of Eliza Kelland.
D. M. Browning
Registrar

(Listed in the Margin next to this will the following)
By the Court
D.M. Browning
registrar
March 15/06
Probate granted
on the 15^th day of
March AD 1906
to John B.
Dawe
Estate sworn
at $4300.00

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.