NL GENWEB

Transcribed by Judy Benson. While I have endeavored to be as correct as humanly possible, there could be some typographical errors

 

Will of Amelia Kelland
In the Supreme Court.

In re Estate of Amelia Kelland, Burgeo deceased.

OATH OF ADMINISTRATOR WITH THE WILL ANNEXED.

Administration granted to

Theresa Matthews

On the 20th day of April 1916

Value of Estate $200.00

Sureties John Colback

Geo. H. Samways

Vol 7

Folio 40

To the Honourable the Supreme Court or one of the Honourable the Judges thereof: -

The petition of Theresa Matthews, of Burgeo, in the Island of Newfoundland, Widow, humbly sets forth as follows: -

1. Amelia Anne Kelland, late of Burgeo aforesaid, Married Woman, deceased, died at that place on the 20th day of September, A.D. 1915, having first made and executed her last will and testament, dated the 18th day of September, A.D. 1915, which said last will and testament, proven upon the affidavit of Valentia Colback, one of the subscribing witnesses thereto, is hereto annexed marked "A".

2. The said deceased left her surviving her husband, Albert Kelland, but no children.

3. Your petitioner is the daughter-in-law of the said deceased.

4. At the date of her death the said deceased was possessed of property within the jurisdiction of this Honourable Court of a value not exceeding the sum of $200.00, as will more fully appear by reference to the inventory hereto annexed marked "B", which is to be taken as a part hereof.

5. No letters of probate to any last will nor letters of administration to the estate of the said deceased have yet been granted to any person.

Your petition therefore prays that letters of administration, Cum Testamento Annexo, to the estate and effects of the said deceased may be granted to her: And as in duty bound, your petitioner will ever pray.

Dated at Burgeo aforesaid, this 21st day of February A.D. 1916.

Theresa Matthews

In the margin

Fiat

W. H. Horwood C.J.

April 11/16

Newfoundland

Burgeo

I, Theresa Matthews, of Burgeo aforesaid, Widow, make oath and say as follows: -

1. I am the petitioner in the hereto annexed petition for letters of administration, cum testamento annexo, to the estate and effects of Amelia Anne Kelland, late of Burgeo aforesaid, Married Woman, deceased.

2. The several matters and things in the said petition contained, together with the inventory thereto annexed marked "B", are just, correct and true, to the best of my knowledge and belief.

Theresa Matthews

Sworn at Burgeo aforesaid, this 21st day of February A.D. 1916 before me.

Joseph Small

Commissioner S.C.

(hand written)

This is the last will and testament of Mrs. Amelia Ann Kelland First - I give and bequeath my gold watch to Eva Matthews, my Bedroom set of furniture to May Katheline Pri??y May Samways and one gold ring to Deborah Samways and one to Myrtle Matthews one brooch for Ethel Dicks and one chain for Mrs. George Dicks

The property and land in connection with the house occupied by Theresa for Theresa to enjoy until she marries again, after that it is to belong to Rupert's two children, the part of land occupied by John Colback is distinctly spared with the just-right of way passing through the garden as the patch directs this piece of land to be marked off in the grant. In the event of Rupert's two children dying the property is to revert to Mrs. John Colback and Geo. Henry Samways. Also a locket for Milly Samways the picture of the dolphin to belong to George Quitton Hunt Samways. The balance of my little articles to be distributed to whoever Mrs. Colback thinks fit.

Signed by Mrs. Amelia her X mark Ann Kelland

This 18th day of September 1915

Witness

Valentia Colback

Theresa Matthews

In the Supreme Court of Newfoundland

In the Estate of Amelia Anne Kelland, deceased.

We, John Colback, of Burgeo, in the electoral district of Burgeo & LaPoile, Blacksmith, and George Henry Samways of the same place, Merchant, severally make oath and say:

That we are proposed Sureties on behalf of the intended Administratrix with the Will annexed, of the Estate and Effects of Amelia Anne Kelland deceased, in the within Bond named, for the faithful administration of the said Estate and Effects of the said deceased; and I, the said John Colback for myself make oath and say that I am worth property to the amount of two hundred dollars, over and above all encumbrances, and over and above what will pay my just debts, and every other sum for which I am now, bail, or which I am liable as surety or endorser, or otherwise, and I, the said George Henry Samways for myself make oath and say that I am worth property to the amount of two hundred dollars, over and above all encumbrances, and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable in surety or endorser, or otherwise.

John Colback

Geo. H. Samways

The above named John Colback and George Henry Samways were severally sworn at Burgeo aforesaid, this 21st day of February, A.D. 1915 before me,

Joseph Small

Commissioner S.C.

Bottom of page (left blank) -

In the Supreme court of Newfoundland

In the Estate of , deceased.

I, , of in the Electoral District of make oath and say: that I was present and did see the within Bond duly executed by the parties named therein; and that the name set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the name was executed at in the Electoral District of

Sworn at , this day of , A.D. 191 before me.

ADMINISTRATION OATH WITH WILL ANNEXED

J.W. Winters, King's Printer

Know all Men by these Presents that we Theresa Matthews, of Burgeo, District Burgeo & LaPoile, Widow,

John Colback, of Burgeo aforesaid, Blacksmith

George Henry Samways, of Burgeo aforesaid, Merchant.

Are jointly and severally bound unto Our Sovereign Lord George the Fifth, by the Grace of God, of the United kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, &c., in the sum of Four Hundred dollars, to be paid to Our said Sovereign Lord the King, His Heirs and Successors, for which payment, well and truly to be made, we bind ourselves and each of us for the whole, our and each of our Executors and Administrators, firmly by these presents. Sealed with our seals.

Dated the 21st day of February, in the year of our Lord 1915

The Condition of the Obligation is such that if the above named Theresa Matthews, Administratrix of all the Estate and Effects of Amelia Anne Kelland, late of Burgeo in the Electoral District of Burgeo and LaPoile, in the Island of Newfoundland, Married Woman deceased (who died on or about the 20th day of September, A.D. 1915), do, when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of all and singular the Estate and Effects of the said deceased, which have or shall come into her hands, possession or knowledge, or into the hands or possession of any other person or persons for her, and the same so made do exhibit, or cause to be exhibited, into the Registry of the Supreme Court of Newfoundland whenever required by Law so to do, and the same Estate and Effects, and all other Estate and Effects, of the said deceased at the time of her death, which at any time after shall come into her hands or possession, or into the hands or possession of any other person or persons for her, do well and truly administer according to law, that is to say, do pay the debts which the said deceased did owe at her decease, and then the Legacies contained in the said Will annexed to the said Letters of Administration to her committed, so far as such property will thereunto extend and the law bind her; and further, do make, or cause to be made, a full, true and just account of her said administration within twelve months or sooner if thereunto required and all the rest and residue of the said Estate and Effects, shall deliver and pay unto such person or persons as shall be by law entitled thereto; then this Obligation to be void and of no effect, or else to remain in full force and virtue.

Theresa Matthews

John Colback

Geo. H. Samways

Signed, Sealed and Delivered,

In the presence of me

Joseph Small

Commissioner


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