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Estate of John Jeans 1885
Supreme Court of Newfoundland
ST. JOHN'S, }
Sworn before me, at St. John's Fogo, the Thirtieth }
Estate of John Jeans
Dated May 14th 1885
Admin. C.T.A. granted
Est. sworn under $90000/100
The Petition of Henry J. Earle of Fogo - Merchant -
That John Jeans late of Change Islands - Planter died on or about the ninth day of April last at Change Islands aforesaid leaving him surviving his Widow - Phoebe Jeans - but no children and one Nephew Richard Elliott. That the said deceased left a Will which has been proven in due form of law by the affidavit of Benjamin H. Torrivelle one of the subscribing Witnesses thereto - which said Will and proof are hereto annexed.
That in and under said Will Thomas Torriville was --- nominated Executor - but who has duly renounced as will appear by the paper writing hereto annexed -
may be granted to him upon his giving The usual security and as in duty bound he will Ever pray -
In the matter
Petition - of Henry
Fiat for Admin
I Phoebe Jeans - the Widow of the late John Jeans - of Change Islands - deceased - do hereby consent - for Henry J. Earle of Fogo - Merchant - to take out Administration With The Will annexed - of my said deceased Husband -
September 18th 1884 -
I Richard Elliott The Nephew of the late John Jeans - of Change Islands - deceased --- do hereby consent for Henry J. Earle of Fogo Merchant - to take out Administration with the Will annexed of said John Jeans - deceased ---
Witness September 18th 1884 -
Supreme Court }
of the said Will the said Testator was of sound and disposing mind memory and understanding to the best of Deponents knowledge and belief -
Sworn before me }
In the name of God - Amen.
I, John Jeans, of Change Islands in the District of Twillingate and Fogo, being of Sound Mind and Memory, though in great weakness of body, do make, publish, and declare this my last Will and Testament
Named - provided that should my wife marry again she shall quit all claim to the dwelling house, Store, Stage, Flakes, Trap into all property forthever of the fishery, but shall still hold possession of the gardens for her use and benefit until her decease, when they shall become the property of my nephew Richard Elliott, as hereinafter provided -
Eighthly - Should the Said Richard Elliott die before my wife, or without issue, I will that the property above named revert to my nephew John Son of my Brother-in-law, John Torraville on the same conditions as those above mentioned to be carried out by my Said nephew Richard Elliott.
In witness whereunto I have hereunto Set my hand and Seal this sixth day of November in the year of our Lord One Thousand Eight hundred and Eighty three (1883)
Signed in the presence of us, who signed in the presence of Each other
Benjamin Henry Torraville
I, John Jeans do hereby cancel, disallow, and revoke any other Will or Testament made by me, and confirm the foregoing as my Last Will and Testament, as witness my hand and Seal at Change Islands, this sixth day of November in the year of our Lord one Thousand Eight hundred and Eighty Three -
Signed Sealed, and acknowledged are correct & this my Last Will and Testament -
Benjamin Henry Torraville
I, Richard Elliott, do hereby agree to the conditions therein mentioned.
Supreme Court of Newfoundland.
Be it Remembered, That on this Thirtieth __________ day of April in the Forty Eighth ________ 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 Eighty five, personally appeared Henry J. Earle of Fogo Merchant John T. Croucher, Accountant - and John Smith, StoreKeeper, and all of Fogo aforesaid, and did acknowledge themselves to be held and fimly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of sixteen hundred 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 Henry J. Earle as Administratorcum testament annexo of the Estate and Effects of John Jeans late of Change Island Planter 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 Henry J. Earle as such Administrator or to the hands or possession of any other person or persons for him and the same do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the thirtieth day of October next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the 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 Henry J. Earle 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 Thirtieth day of April which will be in the year of Our Lord One Thousand Eight Hun-dred and Eighty Six 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 Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall do any pay and dispose of in due course of Ad-ministration, or in such a manner as the Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.
(Note: Seals affixed to the right of the signatures.)
Page Transcribed by Josephine Gazley
Page Revised by Ivy F. Benoit (Friday November 02, 2018)
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