John Jeans
          1885

Estate of John Jeans 1885
From LDS Microfilm #2057177

Supreme Court of Newfoundland
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ST. JOHN'S, }
To Wit.          }          I do swear that I believe that John Jeans late of Change Islands Northern District Planter deceased died with___ a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay his debts so far as his Goods will extend; 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 from 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 which he died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and be-lief, amount to the value of Nine hundred -------------- dollars

Sworn before me, at St. John's Fogo, the Thirtieth }
day of April in the year of Our Lord                       }          Henry J. Earle
One Thousand Eight Hundred and Eighty five        }
Jas. Fitzgerald.
Commissioner of Affidavits.
Supreme Court.

1885

Estate of John Jeans
late of Change Islands
in the Northern District.
Planter deceased.

Dated May 14^th 1885
------------------------------

Admin. C.T.A. granted
to Henry J Earle of
Fogo - Merchant
-------------------------------

Est. sworn under $900⁰⁰/100
------------

Sureties
John J. Croucher and
John Smith both of
Fogo N.D.

To                                        
The Honourable Joseph
J. Little - Presiding
Judge of The Supreme
Court on Northern
Circuit at Fogo - or to
one of The Judges of The Supreme
Court -          

          The Petition of Henry J. Earle of Fogo - Merchant -

Humbly Sheweth

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

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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 -
That the widow of said deceased wishes your Petitioner to take out Letters of Administration with the Will annexed of said John Jeans - deceased - testified by her signing the paper writing hereto annexed marked C - That the said John Jeans - deceased - left property and Effects of the probable value of Eight Hundred Dollars - and that at the time of his decease he had a fixed place of abode within the Jurisdiction of the Supreme Court on Northern Circuit namely at Change Islands aforesaid - That no Probate or Administration has as yet been taken out to the Estate of said deceased ---
Your Petitioner Therefore prays That Administration with the Will annexo of said John Jeans - deceased -

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may be granted to him upon his giving The usual security and as in duty bound he will Ever pray -
Fogo October Twenty second
??? ??? ----- 1884 ---
In presence of        }                              Henry J. Earle
Jas. Fitzgerald     }
Commr
Supreme Court

Supreme Court
On Northern Circuit

Fogo    }
to wit   }          Henry J. Earle of Fogo - aforesaid - Merchant - The Petitioner within named - maketh oath and saith - That the Contents of The within written Petition are correct and true - and that the consents hereto annexed were signed in Deponents presence.
Sworn before                        }
me at Fogo                            }
this twenty Second                }                    Henry J. Earle
day of September^October     }
A.D. 1884                             }
Jas. Fitzgerald
Commr
Supreme Court

Supreme Court

In the matter
of the Will of
John Jeans late
of Change Island
Planter- deceased -
-------------------------

Petition - of Henry
J. Earle - Afftt.
&c. -
------------------------

Fiat for Admiⁿ
J.J. Little
A.J.

          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 18^th 1884 -
Witness
The same having
first been read                                                          Phoebe her X mark Jeans
over and Explained
N ?
(Note: bottom of page folded up obscuring the initials/signature.)

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 18^th 1884 -
The same having
first been read
over and Explained
                                                                                   Richard Elliott

Supreme Court
on Northern Circuit

Fogo      }
to wit     }     Thomas Torriville of Change Islands in the Northern District of Newfoundland - Planter - maketh oath and saith that he is informed and believes that he was nominated Executor and under the Will of the late ^John Jeans of Change Islands Planter - deceased.
That Deponent declined to act as Executor
And Deponent has saith that he has never acted or in any way intermeddled with the Estate of the said John Jeans - deceased -
Sworn before          }
me at Fogo              }                    Thomas Torriville
this Twenty Second }

Supreme Court   }

Fogo     }
to wit    }          Benjamin Henry Torraville of Change Islands - School - Master - maketh oath and saith that on the sixth day of November A.D. one thousand eight hundred and eighty three at Change Isands aforesaid in the District of Twillingate and Fogo he this Deponent was present and did see John Jeans late of Change Islands aforesaid deceased the Testator named in the paper writing hereto annexed duly sign publish and declare the said annexed paper writing as and for his last will and Testament in the presence of the Deponent and of David Hoffe the other subscribing witness thereto - That Deponent and said David Hoffe then and there signed their names to such will as such witnesses in the presence of said Testator and of each other - and that at the time of the execution (all being present at the same time)

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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                    }
at Fogo this 22^nd                    }                    Benjamin Henry Torraville
day of September^October       }
A.D. one thousand                  }
eight hundred                          }
and eighty four                        }

Jas. Fitzgerald
Commissioner
Supreme Court

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
That is to say, first, I recommend My soul to God who gave it and desire that my Body be decently buried in the new cemetery of the Church of England, Change Islands.
With Regard to my worldly Estate I give bequeath and dispose of it in the following manner after all my lawful debts are paid and discharged.
First - all monies I am possessed of at the time of death either in my dwelling house or in the hands of Messers- Owen and Earle Heave to my wife Phoebe Jeans -
Secondly - I give and bequeath to my wife, Phoebe, my Two dwelling houses - Stores, Stages, Flakes, Boats, Trap, nets and all Property connected therewith for the use of the fishery - All the said property to be used in the prosecution of the fishery by my nephew Richard Elliott - the proceeds thereof to be for the joint benefit of my wife Phoebe and the said Richard Elliott.
Thirdly - My Gardens Situated in Fox Head Cove and Haskells Cove, my garden and Meadow adjoining my dwelling house, I give bequeath and dispose of in the same manner as the property above

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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 -
Fourthly - It is my will that my nephew Richard Elliott shall continue to prosecute the fishery and cultivate the gardens as heretofore -
Fifthly - I also will that my Beloved Mother, Patience Jeans, be comfort-ably provided for until her decease by my wife, Phoebe, and my nephew Richard Elliott out of the proceeds of the fishery and from the rent monies from Mess^ers Owen & Earle for the use of the room in Fox Head Cove where they carry on business.
Sixthly - I further will that my nephew Stanley Jeans be comfort-ably provided for and taken good care of by my wife Phoebe, and My nephew Richard Elliott until he is of age which will be when he is Eighteen years old.
Seventhly - At my wifes decease I leave my dwelling house, fishing room and all the property connected therewith for the prosecution of the fisheries - My share of the room now used by Mess^ers Owen and Earle for business purposes - my gardens & meadow- my house furniture - to my Said nephew Richard Elliott on condition that he complies with my wishes as hereinbeforth mentioned.

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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.
And lastly - I do nominate and appoint my much respected friend Thomas Torraville as the Sole Executor of this my last will and Testament.

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)

John Jeans

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 -

John Jeans

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Signed Sealed, and acknowledged are correct & this my Last Will and Testament -
In the presence of us witnesses

Benjamin Henry Torraville

I, Richard Elliott, do hereby agree to the conditions therein mentioned.
Signed Richard Elliott
In the presence of          John Jeans
                                      John Smith

Supreme Court of Newfoundland.
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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 Administrator^{cum 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.
Signed and Sealed          }
                                       }                                        Henry J. Earle
in presence of                 }
James Fitzgerald                                                    John T. Croucher
Commissioner                                                            -----------------------
Supreme Court                                                         John Smith

(Note: Seals affixed to the right of the signatures.)