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 Frederick Rupert Martin
In the Supreme Court In re: Frederick Rupert Martin deceased. OATH OF EXECUTOR Probate granted to Cecil Martin on the 6^th day of August A.D. 1940 Value of Estate $ 8,381.37 Volume 10 Folio 80 OFFICE OF THE ASSESSOR OF TAXES ST. JOHN’S, NEWFOUNDLAND IN RE ESTATE In the Supreme Court Frederick Rupert Martin Deceased In pursuance of the provisions of "The Death Duties Act, No. 7 of 1934" and Amendments thereof, I hereby certify that the value of the said estate, after making allowance for debts incurred during the lifetime of the deceased, and due and payable at the time of his death was $8381.37 and the sum of $266.53 being the duties specified in the Schedule of the said Acts have been duly paid, and the receipt thereof is hereby acknowledged. Dated at St. John's this 6^th day of August 1940 John Simon ASSESSOR To the Honourable the Supreme Court of Newfoundland or to one of the Honourable Judges thereof. The Petition of Cecil Martin of Port aux Basques, in the Island of Newfoundland, Merchant. HUMBLY SHEWETH: late 1. Frederick Rupert Martin / of Port aux Basques, Merchant, died at that place on the 17th day of July 1939, having first published his Last Will and Testament which is hereunto annexed marked "A". 2. Under his said Will Your Petitioner was appointed Executor. 3. The said deceased left surviving him his widow Isabelle Armah Martin and as next of kin one son Austin Joseph and one daughter Rosie living in Port aux Basques ~~and one daughter~~ ~~Ethel living in Halifax~~ all of whom are over the age of twenty one years. C. M A.R.P. 4. The said deceased was possessed of property within the jurisdiction of your Honourable Court of the probable gross value of Eight thousand Three hundred and Eighty one Dollars and Thirty-seven ($8,381.37) Cents as appears from the hereunto annexed inventory marked "B", which said inventory is a full, true and correct account and valuation of the said Estate of the said deceased so far as your Petitioner is aware or can ascertain. Neither Letters of Probate of any Will nor Administration to the said Estate of the said deceased have been granted to any person nor had anyone applied for the same other than your Petitioner by this Petition. Your Petitioner therefore prays that your Honourable Court or your Lordship mill be pleased to grant unto him Letters of Probate of the said Will and Estate of the said deceased. And as in duty bound will ever pray etc. Dated the 3 day of August A. D. 1940. Written to left of Point 3 Cecil Martin LS Fiat W H Horwood CJ August 6/40 Newfoundland, Port aux Basques, To Wit: I, Cecil Martin, of Port aux Basques aforesaid, Merchant, make oath and say as follows: 1. I am the Petitioner in the fore- going Petition named. 2. The several matters and things therein contained are Just correct and true to the best of my knowledge information and belief. SWORN at Port aux Basques : the 3^rd. day of August : A. D. 1940 before me : Cecil Martin LS R. Parsons : Commissioner of the Supreme Court of Newfoundland PROOF OF WILL In the Supreme Court IN THE ESTATE OF Frederick Rupert Martin DECEASED I, Rev. George Martin of Channel _> in the District of Burgeo in the Island of Newfoundland, Clerk in Holy Orders make oath and say, that on the 21 at day of February A.D., One thousand Nine hundred and Thirty nine was present and did see Frederick Rupert Martin late of Port aux Basques in the District of Burgeo , in the Island aforesaid, Merchant the Testator named in the paper writing hereunto annexed, marked A., duly sign, publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence, and in the presence of William Gordon Legge the other subscribing witness thereto. That I and said William Gordon Legge then and there signed our names to such Will as such Witnesses, in the presence of the said Testator And that at the time of the said execution of the said Will the said Testator was of sound and disposing mind, memory, and understanding, to the best of my know- ledge and belief. Sworn at Port aux Basques on the } second day of August } George Martin LS A.D. 1940 , before me. } A. R. Parsons Commissioner of the Supreme Court of Newfoundland. Clerk “A” This is the Last Will of Frederick Rupert Martin referred to in the petition of Cecil Martin and proven upon the affidavit of Rev. George Martin R. Parsons Commissioner This is the Last Will and Testament of me Frederick Rupert Martin at Port aux Basques in the Island of Newfoundland made this twenty first day of February in the year of our Lord one thousand nine hundred and thirty-nine. I hereby revoke all Wills made by me at any time heretofore. I appoint my brother, Cecil Martin, to be my Executor. I give and bequeath unto Isabelle Armah Martin, my wife, my dwelling house with household effects complete, and the land on which it is situate; also all insurance monies, joint and otherwise. I give and bequeath unto my son, Austin Joseph Martin, one half of my interest in the firm of Martin Bros. also thirty-one shares in the boatrs Ethel Martin and Rosie Martin and entire share of the premises of Martin Bros. All the above bequest is made subject to the provision that my brother, Cecil Martin, be recognized at all times by the said Austin Joseph Martin as the senior partner and head of the firm of Martin Bros. Also I give and bequeath unto my son, Austin Joseph Martin, my share in the land at Grand Bay. I give and bequeath unto my daughter, Rosie Martin, one half of my interest in the firm of Martin Bros. subject to the provision that one hold such interest until such time as she may marry when the disposal of the said half shall be made in one of the three following ways at the discretion of my brother Cecil Martin said ~~third~~ half to remain in her possession said half to be bought by the other member of the firm said half to be sold to outside interests I make the further provision with respects to the dealing of the members of the firm of Martin Bros. , Cecil Martin, Austin Joseph Martin, and Rosie Martin, with each other that in the event of serious dispute arising such dispute shall be settled by arbitration of three persons, one person to be named by each person of the firm. I give and bequeath unto my brother Cecil Martin, thirty shares in each of the boats Ethel Martin and Rosie Martin and my whole interest in the land situate at Mouse Island. All the residue of my Estate I give and bequeath unto my wife, Isabelle Armah Martin, my son Austin Joseph Martin and my daughter Rosie Martin in equal shares. Signed, Frederick Rupert Martin Signed by the Testator Frederick Rupert Martin} George Martin in the presence of us, present at the same } The Rectory, Channel time, who at his request, in his presence, } William Gordon Legge and in the presence of each other, have } ~~W. G. L~~. Channel subscribed our names as witnesses. } Oath of Executor In the Supreme Court of Newfoundland In the Estate of Frederick Rupert Martin Deceased. I Cecil Martin of Port aux Basques ~~in the District of~~ Merchant , make oath and say that Frederick Ropert Martin late of Port aux Basques , ~~in the district of~~ Merchant deceased died with a Will, that I am the Executor therein named: that I will well and faithfully administer the estate and effects of the testat or by paying his just debts and the legacies contained in his Will so far as the same shall thereto extend and the law bind me, and, by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testat or , and render a just and true account thereof whenever required by law so to do; that the testat or died at Port aux Basques on the 17th day of July one thousand nine hundred and Thirty-nine _; and that the gross value of the estate and effects of the said testat or is Eight thousand Three hundred and Eighty-one----------- --------------------------------- 37/00 dollars and no more, according to the best of my knowledge, information and belief. Sworn at Port aux Basques this} 3 rd day of August } Cecil Martin A.D. 1940 , before me. } R. Parsons Commissioner of the Supreme Court of Newfoundland. Transcriber's Notes: Frederick Rupert Martin was a son of Jonathan Austin Martin and Rosannah Bragg of the Channel Port aux Basques area. Jonathan Austin Martin went by the name of Austin and he was a son of Jonathan Martin and Julia Ann Parsons of Harbour Grace. Julia is believed to be a daughter of William Parsons and Catherine Munden. Austin Martin married Rosannah Bragg (daughter of John William Bragg), in Channel 20 August 1876. They had nine children. Alexander, John, William, Charles, Samson, Frederick, Ethel, Cecil and Clarence. My research indicates that Austin left the Harbour Grace area after Jan 1874 and before August 1876. My research strongly indicates that Nathaniel Martin who died 23 April 1908 in Gravels on the Port au Port area was a brother of Austin. Austin Martin died in Port aux Basques 28 Aug 1915. Rosannah Bragg Martin died in Channel 19 March 1894 from consumption (TB). After the death of Rosannah, Austin married Margaretta Pieroway. Frederick Martin married Isabella Armah McKay from Stephenville Crossing 18 January 1910 in Stephenville Crossing. Isabella died in 1950. Son Austin died in Fredericton in May, 1999 and daughter Rosa Billiard died May 1988. Jonathan Martin of Harbour Grace, father of Jonathan Austin Martin, was a descendant of the line of William Martin from Guernsey who came into Newfoundland circa 1730 via Trinity. Information on this line was published by the Family History Society of Newfoundland and Labrador Magazine in 2001 through the research of Evelyn Randall. Evelyn had also been collaborating with the late David Nightingale who had two Martin connections to resolve from Harbour Grace. I feel for their efforts in the pre-internet age. My great grandmother Elizabeth Martin was a descendant of this William Martin line. My Martin line is likewise from the Channel Islands (possibly Jersey) and then Harbour Grace. The oral history of the Protestant Martins of Harbour Grace is that they came from the Channel Islands. The late W A Munn also documented an oral tradition: Mr. Munn of St. John's writes : " I firmly believe that the Jersey-men were here in Newfoundland twenty, possibly fifty years before the arrival of John Cabot in 1497 and that Henry Le Messurier's suggestion of their being blown there on the way to Iceland has every appearance of being correct. There is a tradition in the Martin family at Harbour Grace that an ancestor sailed from Jersey about 1450 to fish in Iceland waters, but was induced by an Irishman named Joyce, whom they met in the Orkney Islands, to go to Newfoundland waters and they made Harbour Grace their headquarters. NEWFOUNDLAND AND THE CHANNEL ISLANDS. Newfoundland and the Channel Islands by A. C. Saunders, Paymaster-Commander R.N.R., Hon. Librarian, Societe Jersiaise, From page 45 the 1933 Transactions of La Societe Guernesiaise Reverend George Martin is not a direct relation of this Martin line based on current research. He married Barbara Edith Pittman of Lamaline which suggests that his provenance may be with the Martins of the Burin area. Reverend George Martin died in St. John`s 21 October 1989. Cabot Martin, the lawyer and business person, well known in Newfoundland, is a son. Cabot is probably named after John Cabot Fitzgerald from Harbour Grace. JC Fitzgerald married Caroline Margaret Pittman, sister to the wife of Reverend George Martin. The parents of JC Fitzgerald were Henry Frederic Fitzgerald and Marion Martin from Harbour Grace. Marion was a daughter of Matthew Martin, brother to my great grandfather Frederick Martin.

Will of Frederick Rupert Martin

In the Supreme Court

In re:

Frederick Rupert Martin

deceased.

OATH OF EXECUTOR

Probate granted to Cecil Martin

on the 6^th day of August

A.D. 1940

Value of Estate $ 8,381.37

Volume 10 Folio 80

OFFICE OF THE ASSESSOR OF TAXES

ST. JOHN’S, NEWFOUNDLAND

IN RE ESTATE In the Supreme Court

Frederick Rupert Martin

Deceased

In pursuance of the provisions of "The Death Duties Act,

No. 7 of 1934" and Amendments thereof, I hereby certify

that the value of the said estate, after making allowance for

debts incurred during the lifetime of the deceased, and due

and payable at the time of his

death was $8381.37 and the sum of $266.53

being the duties specified in the Schedule of the said Acts

have been duly paid, and the receipt thereof is hereby

acknowledged.

Dated at St. John's this 6^th

day of August 1940

John Simon

ASSESSOR

To the Honourable the Supreme Court of Newfoundland or to one

of the Honourable Judges thereof.

The Petition of Cecil Martin of Port aux Basques, in the

Island of Newfoundland, Merchant.

HUMBLY SHEWETH:

late

1. Frederick Rupert Martin / of Port aux Basques, Merchant, died at

that place on the 17th day of July 1939, having first published

his Last Will and Testament which is hereunto annexed marked

"A".

2. Under his said Will Your Petitioner was appointed

Executor.

3. The said deceased left surviving him his widow Isabelle

Armah Martin and as next of kin one son Austin Joseph and one

daughter Rosie living in Port aux Basques ~~and one daughter~~

~~Ethel living in Halifax~~ all of whom are over the age of twenty

one years. C. M A.R.P.

4. The said deceased was possessed of property within

the jurisdiction of your Honourable Court of the probable gross

value of Eight thousand Three hundred and Eighty one Dollars

and Thirty-seven ($8,381.37) Cents as appears from the hereunto

annexed inventory marked "B", which said inventory is a full,

true and correct account and valuation of the said Estate of

the said deceased so far as your Petitioner is aware or can

ascertain.

Neither Letters of Probate of any Will nor Administration

to the said Estate of the said deceased have been granted to any

person nor had anyone applied for the same other than your

Petitioner by this Petition.

Your Petitioner therefore prays that your Honourable

Court or your Lordship mill be pleased to grant unto him Letters

of Probate of the said Will and Estate of the said deceased.

And as in duty bound will ever pray etc.

Dated the 3 day of August A. D. 1940. Written to left of Point 3

Cecil Martin LS Fiat W H Horwood CJ

August 6/40

Newfoundland,

Port aux Basques,

To Wit:

I, Cecil Martin, of Port aux

Basques aforesaid, Merchant, make oath and say

as follows:

1. I am the Petitioner in the fore-

going Petition named.

2. The several matters and things

therein contained are Just correct and true to the

best of my knowledge information and belief.

SWORN at Port aux Basques :

the 3^rd. day of August :

A. D. 1940 before me :

Cecil Martin LS

R. Parsons :

Commissioner of the

Supreme Court of Newfoundland

PROOF OF WILL

In the Supreme Court

IN THE ESTATE OF

Frederick Rupert Martin DECEASED

I, Rev. George Martin

of Channel _> in the District of Burgeo

in the Island of Newfoundland, Clerk in Holy Orders make oath and say, that

on the 21 at day of February A.D., One thousand

Nine hundred and Thirty nine was present and did see Frederick Rupert

Martin late of Port aux Basques in the

District of Burgeo , in the Island aforesaid, Merchant

the Testator named in the paper writing hereunto annexed, marked A., duly sign,

publish and declare the said annexed paper writing, as and for his last Will and

Testament in my presence, and in the presence of William Gordon Legge

the other subscribing witness thereto. That I and said William Gordon

Legge

then and there signed our names to such Will as such Witnesses, in the presence of the said Testator And that at the time of the said execution of the said Will the said Testator was of sound and disposing mind, memory, and understanding, to the best of my know-

ledge and belief.

Sworn at    Port aux Basques   on the }
second day of     August                      }     George Martin LS
      A.D. 1940   , before me.                      }
                   A. R. Parsons
                         Commissioner of the
                         Supreme Court of Newfoundland. Clerk

“A”

This is the Last Will of Frederick Rupert Martin referred to in the petition

of Cecil Martin and proven upon the affidavit of Rev. George Martin
R. Parsons
Commissioner

This is the Last Will and Testament of me Frederick Rupert Martin

at Port aux Basques in the Island of Newfoundland made this

twenty first day of February in the year of our Lord one thousand nine

hundred and thirty-nine.

I hereby revoke all Wills made by me at any time heretofore.

I appoint my brother, Cecil Martin, to be my Executor.

I give and bequeath unto Isabelle Armah Martin, my wife, my

dwelling house with household effects complete, and the land on which

it is situate; also all insurance monies, joint and otherwise.

I give and bequeath unto my son, Austin Joseph Martin,

one half of my interest in the firm of Martin Bros. also thirty-one

shares in the boatrs Ethel Martin and Rosie Martin and entire

share of the premises of Martin Bros. All the above bequest is made

subject to the provision that my brother, Cecil Martin, be recognized

at all times by the said Austin Joseph Martin as the senior partner

and head of the firm of Martin Bros. Also I give and bequeath

unto my son, Austin Joseph Martin, my share in the land at

Grand Bay.

I give and bequeath unto my daughter, Rosie Martin, one half

of my interest in the firm of Martin Bros. subject to the provision

that one hold such interest until such time as she may marry

when the disposal of the said half shall be made in one of the

three following ways at the discretion of my brother Cecil Martin

said ~~third~~ half to remain in her possession
said half to be bought by the other member of the firm
said half to be sold to outside interests

I make the further provision with respects to the dealing

of the members of the firm of Martin Bros. , Cecil Martin, Austin

Joseph Martin, and Rosie Martin, with each other that in the

event of serious dispute arising such dispute shall be

settled by arbitration of three persons, one person to be named

by each person of the firm.

I give and bequeath unto my brother Cecil Martin, thirty

shares in each of the boats Ethel Martin and Rosie Martin

and my whole interest in the land situate at Mouse Island.

All the residue of my Estate I give and bequeath unto

my wife, Isabelle Armah Martin, my son Austin Joseph Martin

and my daughter Rosie Martin in equal shares.

Signed,

Frederick Rupert Martin

Signed by the Testator Frederick Rupert Martin}          George Martin
in the presence of us, present at the same       }          The Rectory, Channel
time, who at his request, in his presence,        }          William Gordon Legge
and in the presence of each other, have           }          ~~W. G. L~~. Channel
subscribed our names as witnesses.                   }

Oath of Executor

In the Supreme Court of Newfoundland

In the Estate of

Frederick Rupert Martin Deceased.

I Cecil Martin

of Port aux Basques ~~in the District of~~

Merchant , make oath and say that

Frederick Ropert Martin

late of Port aux Basques , ~~in the district of~~ Merchant

deceased died with a Will, that I am the Executor

therein named: that I will well and faithfully administer the estate and

effects of the testat or by paying his just debts and the legacies contained in

his Will so far as the same shall thereto extend and

the law bind me, and, by distributing the residue (if any) of the said estate and effects according to law;

that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects

of the testat or , and render a just and true account thereof whenever required by law so to

do; that the testat or died at Port aux Basques

on the 17th day of July one thousand nine

hundred and Thirty-nine _; and that the gross value of the estate and effects of the

said testat or is Eight thousand Three hundred and Eighty-one-----------

--------------------------------- 37/00 dollars and no more, according to the best of my knowledge,

information and belief.

Sworn at Port aux Basques       this}
3 rd    day of    August                        }     Cecil Martin
A.D. 1940 , before me.                       }

   R. Parsons
             Commissioner of the
         Supreme Court of Newfoundland.

Transcriber's Notes:

Frederick Rupert Martin was a son of Jonathan Austin Martin and Rosannah Bragg of the Channel Port aux Basques area.

Jonathan Austin Martin went by the name of Austin and he was a son of Jonathan Martin and Julia Ann Parsons of Harbour Grace.

Julia is believed to be a daughter of William Parsons and Catherine Munden.

Austin Martin married Rosannah Bragg (daughter of John William Bragg), in Channel 20 August 1876. They had nine children. Alexander, John, William, Charles, Samson, Frederick, Ethel, Cecil and Clarence.

My research indicates that Austin left the Harbour Grace area after Jan 1874 and before August 1876.

My research strongly indicates that Nathaniel Martin who died 23 April 1908 in Gravels on the Port au Port area was a brother of Austin.

Austin Martin died in Port aux Basques 28 Aug 1915. Rosannah Bragg Martin died in Channel 19 March 1894 from consumption (TB).

After the death of Rosannah, Austin married Margaretta Pieroway.

Frederick Martin married Isabella Armah McKay from Stephenville Crossing 18 January 1910 in Stephenville Crossing.

Isabella died in 1950. Son Austin died in Fredericton in May, 1999 and daughter Rosa Billiard died May 1988.

Jonathan Martin of Harbour Grace, father of Jonathan Austin Martin, was a descendant of the line of William Martin from Guernsey who came into Newfoundland circa 1730 via Trinity.

Information on this line was published by the Family History Society of Newfoundland and Labrador Magazine in 2001 through the research of Evelyn Randall. Evelyn had also been collaborating with the late David Nightingale who had two Martin connections to resolve from Harbour Grace. I feel for their efforts in the pre-internet age.

My great grandmother Elizabeth Martin was a descendant of this William Martin line. My Martin line is likewise from the Channel Islands (possibly Jersey) and then Harbour Grace. The oral history of the Protestant Martins of Harbour Grace is that they came from the Channel Islands. The late W A Munn also documented an oral tradition:

Mr. Munn of St. John's writes : " I firmly believe that the Jersey-men were here in Newfoundland twenty, possibly fifty years before the arrival of John Cabot in 1497 and that Henry Le Messurier's suggestion of their being blown there on the way to Iceland has every appearance of being correct. There is a tradition in the Martin family at Harbour Grace that an ancestor sailed from Jersey about 1450 to fish in Iceland waters, but was induced by an Irishman named Joyce, whom they met in the Orkney Islands, to go to Newfoundland waters and they made Harbour Grace their headquarters.

NEWFOUNDLAND AND THE CHANNEL ISLANDS.
Newfoundland and the Channel Islands
by A. C. Saunders, Paymaster-Commander R.N.R.,
Hon. Librarian, Societe Jersiaise,

From page 45 the 1933 Transactions of La Societe Guernesiaise

Reverend George Martin is not a direct relation of this Martin line based on current research. He married Barbara Edith Pittman of Lamaline which suggests that his provenance may be with the Martins of the Burin area.
Reverend George Martin died in St. John`s 21 October 1989. Cabot Martin, the lawyer and business person, well known in Newfoundland, is a son. Cabot is probably named after John Cabot Fitzgerald from Harbour Grace.

JC Fitzgerald married Caroline Margaret Pittman, sister to the wife of Reverend George Martin. The parents of JC Fitzgerald were Henry Frederic Fitzgerald and Marion Martin from Harbour Grace. Marion was a daughter of Matthew Martin, brother to my great grandfather Frederick Martin.