NL GenWeb WillsTranscribed by Geoff Martin. While I have endeavored to be as correct as humanly possible, there may be typographical errors |
Will of Thomas Martin |
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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 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 Order made by the Supreme Court on Circuit at Bonne Bay on September 6, 1898 let the said Order be rescinded and let Mr.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
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;
Administration to the above Estate was granted at Bonne Bay by the
Honourable the Supreme Court to Edward Martin on of the above
Defendants.
has neglected to complete the Administration papers.
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
Thomas Martin died in July 1891 and his death suggests a DOB circa 1819 |
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