NL GenWeb Wills

Transcribed by Geoff Martin. While I have endeavored to be as correct as humanly possible, there may be typographical errors

Will of Thomas Martin

In the Supreme Court of

Newfoundland on

Southern Circuit.

To the Honourable the

Presiding Judge Mr. Justice

Emerson

The Petition of Edward Martin

of Bonne Bay Fisherman

Humbly Sheweth:-

1st. That Thomas Martin late

of Bonne Bay Fisherman deceased

died here about nine years ago

intestate.

2nd. That deceased left

him surviving his widow, since deceased; two sons ;-

William since deceased leaving

a widow and two children and

Edward now living and one

daughter :- Mary wife of Michael

Murphy.

3 That the property of the deceased

Estate within the jurisdiction

of this Honourable Court is of

the probable value of

$500.00

4 That no administration

to the deceased Estate or

probate to any will of

said deceased has been

taken out or granted to

any person.

And as in duty bound

Your Petitioner will

Ever pray etc.

Dated at Bonne

Bay this 6th day

Of September A.D. 1898

Edward Martin LS



Newfoundland

St. John’s

Bonne Bay S.S.

I Edward Martin the

Petitioner named in

the foregoing petition

make oath and say

that the several matters and

things herein contained and

set forth are to the best of

my knowledge in every

particular correct and true.

Edward Martin LS

Sworn at Bonne

Bay this 6

day of September

A.D. 1898

Before me

W J Carroll

Commissioner



Bonne Bay

In the Supreme Court

of Newfoundland

In the matter of

the Estate and

effects of Thomas

Martin deceased

Petition of Edward

Martin son of

deceased

Admin granted as prayed for

with usual security

By the Court

W J Carroll

Sept 6/98 Clerk

Bonne Bay

Sept 6th 1898

See over



Supreme Court

Between

Mary Ann Martin Ptf

And

Edward Martin and

Mary Ann Martin dfts.

No following Order was made November 3rd 1899

Per Curiaw The defendant Edward Martin having

failed to complete Letters of Administration

in accordance with Mu? Order made by

the Supreme Court on Circuit at

Bonne Bay on September 6, 1898 let the said

Order be rescinded and let Mr. William J.

Carroll one of the Clerks of this Court

be appointed administrator.

Application will be made to the

Honourable Supreme Court on Circuit

today for Letters of Administration

of the Estate of Thomas William

Martin late of Bonne Bay Fisherman

Deceased to be granted to Mary Ann

Martin his widow or to such other

person as for the said Court shall

seem proper.

Bonne Bay Sept. 6 1898

W.C ?? R. Hayward

CCC Solicitor for Mary Ann Martin

In the Supreme Court

In the matter of the Estate of Thomas Martin late of Bonne Bay

Fisherman deceased.

Between

Mary Ann Martin Plaintiff

and

Edward Martin and Mary Martin Defendants

Take notice that the Court will be moved on Wednesday the first day of

November next at eleven o’clock in the forenoon or so soon thereafter

as Counsel can be heard by Mr. Emerson of Counsel for the Plaintiff

that the decree made herein on the sixth day of September 1898 by the

Honourable the Supreme Court at Bonne Bay granting Letters of Admin-

istration to the above Estate to Edward Martin one of the above named

Defendants be annulled and that Letters of Administration to the

above Estate be granted to such other person as the Court may direct

and such further order herein regarding costs and otherwise be made

as the Court thinks just.

Dated this 24th day of October 1899

Charles H. Emerson LS

Solicitor for the Plaintiff

To

Alec Berteau

Solicitor for Defendants



In the Supreme Court

In the matter of the Estate of Thomas Martin late of Bonne Bay

Fisherman deceased.

Between

Mary Ann Martin Plaintiff

and

Edward Martin and Mary Martin Defendants

Newfoundland

Saint John’s S.S.

I Charles H. Emerson of Saint John’s aforesaid Solicitor

make oath and say as follows;

  1. I am Solicitor for the above named Plaintiff.

  1. That on the sixth day of September 1898 an Order for Letters of


Administration to the above Estate was granted at Bonne Bay by the


Honourable the Supreme Court to Edward Martin on of the above


Defendants.


  1. That since the granting of the said Order the said Edward Martin

has neglected to complete the Administration papers.


  1. That I am informed and instructed that the said Defendant has not

distributed the above Estate or any portion thereof amongst the


parties entitled thereto.


Sworn before me at Saint John’s


aforesaid this 23rd day of Charles H Emerson LS


October 1899


W J Carroll LS

Commissioner of Affidavits




In the Supreme Court


In the matter of the Estate of Thomas Martin late of Bonne Bay


Fisherman deceased.


Between


Mary Ann Martin Plaintiff


and


Edward Martin and Mary Martin Defendants



Upon reading the affidavit of Charles H. Emerson filed therein on the


twenty third day of October last past and upon hearing him of Counsel


for the above named Plaintiff and Mr. Berteau of Counsel for Edward


Martin one of the above named Defendants; it is ordered that the Order


made by the Supreme Court on Circuit at Bonne Bay on the sixth day of


September 1898 for Letters of Administration to the above Estate to be


granted to Edward Martin one of the above named Defendants be rescinded


and that William J. Carroll one of the Assistant Clerks of this Court


be appointed Administrator of the above Estate to distribute the same


amongst the parties entitled thereto according to Law.


Dated at Saint John’s this third day of November 1899.


By the Court


Geo. J. ?????

??CC Regt.



Supreme Court of Newfoundland

Be it Remembered, That on this 9th day of November

in the 63rd Year of the Reign of Our Sovereign Lady

Victoria, by the Grace of God, of the United Kingdom of Great

Britain and Ireland, Queen, Defender of the Faith, &c., and in the

Year of our Lord One Thousand Eight Hundred and ninety nine


Personally appeared, William J Carroll of St. John’s

an Assistant Clerk of Supreme Court Mark Chaplin

of St. John’s Merchant Tailor and Robert Smith of

same place accountant

and did acknowledge themselves to be held and firmly bound to Our

said Sovereign Lady the Queen, Her Heirs and Successors, in the

penal sum of One thousand dollars

to be had, made, and levied on their Goods, Chattels, and Effects,

jointly and severally if default is made in any of the Conditions

following:-


Now the Condition of this Obligation is such, that if the above bounden

William J Carroll as Administrator

of the Estate and Effects of Thomas Martin

late of Bonne Bay in the Southern District Fisherman

deceased, do make, or cause to be made, a just, true, and perfect Inventory of all and

singular, the Goods, Credits and Effects of the said deceased, which have or shall come

to the hands, possession, or knowledge of him the said William

J. Carroll as such Administrator or to the

hands or possession of any other person or persons, for him and the same so made

do exhibit, or cause to be exhibited into the Supreme Court of Newfoundland, at or

before the 9th day of May next ensuing the date hereof;

and the said Goods, Chattels, Credits and Effects, and all the other Goods, Chattels,

Credits and Effects of the said deceased, at the time of his death, or which at

any time afterwards shall come into the hands or possession of him the said

William J. Carroll or to the hands or possession of any other

person or persons for him shall well and truly administer according to Law,

and further shall make or cause to be made, a just and true account of his said

Administration, on or before the 9th day of November which

will be in the year of our Lord One Thousand nine Hundred and------------------

and afterwards from time to time as he shall be lawfully required. And all the

rest, residue and remainder of the said Goods, Chattels, Credits and Effects, which shall

be found remaining upon the said Administration accounts, the same being examined

and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose

of in a due course of Administration, or in such manner as the said Court shall direct;

then this Obligation to be void and of no effect or else to be and remain in full force

and virtue. W J Carroll LS


Signed and Sealed in the Mark Chaplin LS

presence of Robert G? Smith LS


Geo J.

Comm of SC


AFFIDAVIT

In the Supreme Court of Newfoundland



NEWFOUNDLAND I William J Carroll of

St. John’s To Wit: St. John’s aforesaid and

Assistant Clerk of the Supreme Court

do swear that I believe that

Thomas Martin late of Bonne Bay in the

Southern District Fisherman

deceased died without a Will ; and that I will well and truly administer all

and every the Goods of the said deceased, and will pay his Debts so far as his Goods

will extend and the law shall bind me ; and that I will exhibit a true, full and

perfect Inventory of the said Goods of the deceased, and render a true account of my

Administration into the Registry of the said Court, within six months after the date hereof,

or when I shall be thereunto lawfully required ; and that the whole of the goods, rights,

chattels, assets, credits and effects of the said deceased, of which he died possessed’

within the jurisdiction of this Court, do not according to the best of my knowledge, judg-

ment and belief, amount to the value of Five hundred and fifty

dollars.



So help me God



Sworn at St. John’s aforesaid

this 9th/ninth day of November W J Carroll LS

A.D. 1899

Before me,



Geo J ????

Commissioner of Affidavits, Supreme Court


Transcriber's Notes:

Thomas Martin died in July 1891 and his death suggests a DOB circa 1819
Vital Records Register of Deaths Book 1, (1891-1892)
DISTRICT OF ST. BARBE LDS MICROFILM # 2168727 (page 43 & 66)
Page 43 1891 July 21
Bonne Bay General Debility
MARTIN Thomas
Roman Catholic
Fisherman 72 years
b. St. John's, N.F.L.D. buried Bonne Bay

Mary Ann wife of Thomas died in April 1898 and her death suggests a DOB circa 1822

Vital Records Register of Deaths
Book 2 1895 - 1898
DISTRICT OF ST. BARBE
Page 411-415; 457-460; 489-490

PAGE 356 1898 April 9
Bonne Bay
MARTIN Mary
Roman Catholic 76 years
born St John's buried Bonne Bay

Son William died in February 1898

Vital Records Register of Deaths
Book 3 1898 - 1901
DISTRICT OF ST. BARBE
Page 356-363
PAGE 357 1898 February
lost at sea drowning

MARTIN William
born St John's buried The Arches

Son William married Mariam Kennedy in 1877 in Curling, Newfoundland

Sacred Heart RC Marriages, Curling, Nfld Dec 18 1877
Martin William Bonne Bay son of Thomas Kennedy Mariam Labrador

Daughter Mary married Michael Murphy in 1874 in Curling, Newfoundland

Sacred Heart RC Marriages, Curling, Nfld
May 24 1874
Murphy Michael St. John's
Martin Mariam St. John's daughter of Thomas

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