Daniel King
          1886

Estate of Daniel King 1886
From LDS microfilm #2057543

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT
----------

You shall swear that you believe this to be the true last Will and Testament of Daniel King, late of North River, Conception Bay in the Northern District of the Island of Newfoundland, Planter, deceased.

You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full and perfect Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits, and Effects of the said Daniel King, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of One Thousand Dollars.

So help you God.

Sworn before me, at St. John's,
this fourth day of June A.D. 1886,                              John X Brien
having been first read over and
explained.
Otto Emerson
Commissioner of Affidavits, Supreme Court

1886

Estate of Daniel King,
late of North River, Conception Bay,
in the Northern District,
Planter, deceased.

Dated 4^th June 1886

Probate granted to John Brien
the Executor named in the Will.

Estate sworn under $1000.00

To the Honourable the Supreme Court
or one of the Honourable the Judges
thereof.

The Petition of John Brien of North River, Planter.

Humbly Sheweth

That Daniel King of North River, Conception Bay, Planter, died at that place in the year One Thousand Eight Hundred and Eighty three having made his last Will and Testament which is hereunto annexed, proved upon the oath of Catherine King, one of the subscribing witnesses thereto.
That under and by virtue of the said Will, your Petitioner and the widow Bridget King were appointed co-executors by the said Testator. That the said Bridget King has since died.
That in the month of January last past, an order was obtained from Mr. Rich'd Little granting Administration with the Will annexed to Your Petitioners wife, Ellen Brien of North River, but the said Administration was not taken out and protected because of a misunderstanding of the facts under which the application was made for the said Administration. That no other administration or Probate of the said will has been applied for or granted to any one.

That deceased died possessed of property of the probable value of Six Hundred dollars.
Your Petitioner therefore prays that Probate of the said Will of the said Daniel King may be granted to him
And as in duty bound he will ever pray.
St. John's, May 31^st 1886.

Witness:

Otto Emerson

Supreme Court
Probate Side

In the matter of the Will
of Daniel King

ST. JOHN'S }
SS                 } John Brien of North River, Conception Bay maketh oath and saith that the several matters and things in the foregoing Petition set forth are correct and true to the best of the deponent's judgment, knowledge and belief and that he is the person mentioned in the foregoing Petition.

Sworn before me at St. John's                              John his X mark Brien
this 31^st day of June A.D. 1886
having been first read over and
explained.
Otto Emerson, Commissioner

Fiat
R. J. Pinsent
A. J

Supreme Court of Newfoundland
----------------

*BRIGUS }
To Wit       } I do swear that I believe that Daniel King of North River, Conception Bay, deceased, died *with(out?) 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          Goods will extend; and that I will exhibit a true, full, and perfect Inventory of the 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 belief, amount to the value of Six Hundred dollars.

Sworn before me, at St. John's *Brigus,
the fifth day of January, in the year                              Ellen Brien
of our Lord One Thousand Eight
Hundred and Eighty-six.
J. Wilcox
Commissioner of Affidavits

NB. Alterations in pencil to be done in ink and initialed by Commissioner.
* indicate initials JW in left margin.

1886

Estate of Daniel King,
late of North River in
Conception Bay in the
Northern District,
Planter, deceased.

Dated _____________

Admin C.T.A. granted to
Ellen Brien of North River
aforesaid, married woman.

Sureties:
Patrick J. Power
John Hearns

Estate sworn under $600.

In the name of God, Amen on the twenty eight day of October one thousand eight hundred and eighty two.

I, Daniel King of North River, Conception Bay, Newfoundland, being weak of body but of perfect mind and memory, thanks be giving unto God therefore calling unto mind the mortality of the body knowing that it is appointed unto all men once to die.
Do make and ordain this my last will and testament that is principally and first of all I give and recommend my soul into the hands of God that gave it and my body I recommend to earth to be buried in decent Christian burial and as time being such worldly estate wherewith I give demain? and dispose of the same in the following form and manner.
First I give and bequeath to my beloved wife Bridget King, my house and all moveable effects thereon she is to freely enjoy during her said lifetime and after her death it is to become the property of my beloved daughter Ellen Brien or her heirs for ever that portion of land which I occupy enclosed with James Hanlon Senr. I also give and bequeath to my nephew James Hanlon Junr. to be freely enjoyed from all claims also to the apprentice John Delany, a feather bed and a suit of clothes when he is arrived at the age of maturity. I also bequeath to my beloved daughter Ellen Brien or her heirs any Labrador property to be freely enjoyed from all claims. I also wish that John Brien and James Hanlon Jr? follow on the fishing room at Black Tickle as usual. I also appoint my beloved wife Bridget King as my Executrix and also my son in law John Brien Executor of this my last will and testament.
Ratifying confirming this and no other to be my last will and testament whereof I have hereunto set my hand in the date and year above mentioned.

Signed, published and pronounced                              Daniel his X mark King
by the said Daniel King in the presence
of us the subscribers.

Witness: Daniel King                              Bridget King, Executrix
Catherine M. King                                 John Brien, Executor

Newfoundland

Northern District }
To Wit                   } Catharine King of Brigus maketh oath and saith that on the twenty eighth day of October A.D. one thousand eight hundred and eighty six at North River in the District of Port de Grave, the this Deponent was present and did see Daniel King of North River, Port de Grave, the Testator named in the paper writing hereunto annexed, duly sign (by making his mark), publish and declare the said annexed paper writing as for his late Will and Testament, in the presence of this Deponent and of Daniel King, the other subscribing witness thereto.
That Deponent and said *Catharine^Daniel King then and there signed their names to said Will as such witnesses in the presence of the said Testator and of each other. That previously to the said Will being so signed as aforesaid by the said Testator and the said witnesses it was read over to and approved of by the said Testator in the presence of said Deponent and the said Daniel King - and that at the time of the said Execution of the said Will the said Testator was of sound mind, memory and understanding to the best of Deponent's knowledge and belief.

Sworn before me at Brigus                              Catherine King
this 27^th day of July A.D.
1853.
J. Wilcox
Commissioner, Supreme Court

*denotes initials JW in left margin.

Will of Daniel King

Supreme Court of Newfoundland
----------------

Be it Remembered, That on this fourth day of January in the Forty-ninth 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-six personally appeared *Ellen Brien & Patrick Powers, Teachers, and John Hearns of Brigus, Cooper, and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, her Heirs and Successors, in the penal Sum of Twelve 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 Ellen Brien as Administratrix C.T.A. of the Estate and Effects of Daniel King late of North River, Conception Bay, Nfld, 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 her the said Administratrix as such Administratrix or to the hands or possession of any other person, or persons, for her and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the *4^th day of July 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 her the said Administratix or to the hands or possession of any other person or persons for her  shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of her said Administration, on or before the *4^th day of January which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-seven and afterwards from time to time as she 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 and do pay and dispose of in due course of Administration, or in such a 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.

Signed and Sealed                                                  Ellen Brien (Seal)
in presence of                                                         Patk J. Powers (Seal)
J. Wilcox                                                                John Hearns (Seal)
Commissioner, Supreme Court
*denotes initials JW in left margin.

Supreme Court

In the matter of the Will
and Estate of Daniel King,
late of Brigus, Planter &
Farmer, deceased.

Personally appeared before me John Brien of North River, Planter, and saith that he was the person nominated in the Will of Daniel King (late of North River, Conception Bay, deceased) as executor - that I hereby renounce the said Executorship and hereby declare that I have not in any way intermeddled with the said Estate or in any way made myself liable as Executor or otherwise.

Taken and sworn before me at Brigus                              John his X mark Brine
in the Northern District this 22^nd day
of December A.D. 1885.
J. Wilcox
Commissioner, Supreme Court

To the Honourable the Supreme Court
or one of the Honourable the Judges thereof.

The Petition of Ellen Brien of North River, Conception Bay, wife of John Brien of same place, Planter.

Humbly Sheweth

          That Petitioner's father, Daniel King of North River aforesaid died at that place in the year one thousand eight hundred and eighty three leaving his widow, Bridget King and as next of kin your Petitioner. That the said Bridget King has since died. That under and by virtue of the said Will your Petitioner was appointed jointly with her husband, the said John Brien, Executors of the will of the said Daniel King.
That the said John Brien has renounced his said appointment as Executor aforesaid.
That deceased left your Petitioner the sole legatee under the said Will.
That deceased was possessed of property at the time of his death of the probable value of Six Hundred dollars.
That your Petitioner therefore prays that Probate of the said Will may be granted to her as Executrix thereof.
And in duty bound she will ever pray.

Ellen Brien

Supreme Court

In the matter of thee Will and Estate
of Daniel King, late of North River,
Conception Bay, Planter and Farmer,
deceased.

S J Brigus }
To wit       } Ellen Brien of North River, married woman, maketh oath and saith that she is the Petitioner in the foregoing petition and that the several matters and things therein set forth are correct and true to the best of this Deponent's judgment, knowledge and belief.

Sworn before me at Brigus in the                              Ellen Brien
Northern District this 22^nd day
of December A.D. 1885.
J. Wilcox
Commissioner, Supreme Court

S. C.

In the matter of the will of
the late Daniel King.

Fiat for Administration C.T.A.
???? ????
J. J. Little
A. J.