Jane Nichole
          1886

G

NEWFOUNDLAND   }
In the Supreme Court. }

AFFIDAVIT.
----------

You shall swear that you believe this to be the true last Will and Testament of Jane Nicholle(sic) of Shoal Cove, Labrador, widow.

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 Jane Nicholle deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Four Hundred and Fifty Dollars.

So help you God.

F.C.B.
Commisioner
Sworn before me, at St. John's^{Shoal Cove}
this twenty second day
of July A.D., 1886                    by James John Noseworthy

Francis C. Berteau
Commissioner of Affidavits, Supreme Court.

1886
Estate of Jane Nichole
late of Shoal Cove
in the Labrador District
Widow, deceased.

Dated 14^th October

Probate granted to James John
Noseworthy-----
the Executor named in the Will.

Estate sworn under $450.00.

A

Labrador
Shoal Cove
TO WIT

SUPREME COURT OF NEWFOUNDLAND

George Lee Whiting of Cape Charles Harbor, Labrador, maketh oath and saith that on the thirtieth day of July A. D. one thousand eight hundred and eighty five at Shoal Cove he, this Deponent, was present and did see Jane Nicholle, late of Shoal Cove aforesaid, the Testatrix named in the paper writing hereunto annexed duly sign (by making her mark) publish and declare the said annexed paper writing as and for her last Will and Testament, in the presence of this Deponent and of George Buckingham, the other subscribing witness thereto. That Deponent and said George Buckingham then signed their names to such Will as such witnesses, in the presence of the said Testatrix and of each other---That previously to the said Will being so signed as aforesaid, by the said Testatrix and the said witnesses, it was read over to, and approved of by the said Testatrix in the presence of Deponent and the said George Buckingham and that at the time of the said execution of the said Will the said Testatrix was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

F.C.B.
Comm.
SWORN BEFORE ME at Shoal Cove
aforesaid, this 22^nd day of July A.D.          George Lee Whiting
One Thousand Eight Hundred and
Eighty-six.
Francis C. Berteau
Comissioner of Affidavits

A (Initials O. E. Mag.?)

Labrador, Shole (sic) Cove, July 31/1885

This is the last Will and Testament of Jane Nichole, of Shole (sic) Cove, Labrador. Being in sound mine (sic) & memory, I hereby give and devise to my Son, James John Noseworthy, his heirs, executors and administrators, for him and their own use and benefit, absolutely and for ever, all my estate and effects, both real and personal, whatsoever and wheresoever, and of what nature and quality soever, and I hereby appoint him, the said James John Noseworthy, sole executor of this my Will together with the sum of Fifty one pound currency with the interest thereof deposited in the Commercial Bank of Newfoundland.
In witness whereof I have hereunto set my hand this 30^th day of July one thousand eight hundred and eighty five.
Jane Nichole her mark X

Witness - George Buckingham
Witness - George Lee Whiting

In the matter of the Will of
Jane Nicole, late of Shoal Cove,
Labrador, Widow, deceased.

SUPREME COURT
NEWFOUNDLAND

St. John's
to Wit}
James Augustus Clift of St. John's aforesaid, Barrister at Law,  maketh oath and saith that he is Proctor for the executor named in the Will hereto annexed.
That said executor and the subscribing Witnesses to said will reside at Shoal Cove on the coast of Labrador.
That there is no Commissioner of Affidavits of this Honorable Court within a considerable distance of Shoal Cove aforesaid and great expense and inconvenience would attend the travelling of the said parties to a Commissioner of Affidavits
That Francis Berteau, Her Majesty's Collector of Customs will have occasion to visit Shoal Cove aforesaid during the present summer - And this Deponent is desirous of having the said Francis Berteau appointed a Commissioner of this Honorable Court to take the necessary affidavits of the aforesaid parties for the purpose of obtaining probate to said Will and to take proof in common form of said will.

Sworn before me at St. John's
aforesaid this twenty ninth                    J. Augustus Clift
day of June A.D. 1886.

Prescott Samson
Commissioner

SUPREME COURT
NEWFOUNDLAND

In the matter of the Will of
Jane Nichole, late of Shoal Cove,
Labrador, Widow, deceased.

          Upon reading the affidavit hereto annexed and upon hearing Mr. J. Augustus Clift, Proctor for the Executor named in said Will, I do order that a Commission do issue to Francis Berteau, Esquire, Her Majesty's Collector of Customs at Labrador to take proof in common form of the said will of Jane Nichole deceased, and to administer the oath for same to one of the Subscribing Witnesses thereto -
And further to take the required affidavits of James John Noseworthy, the Executor named in said will and administer the necessary oaths to him as required by Law.
Dated at St. John's this 30 day of June 1886.

J. J. Little
A. J, S. C.

VICTORIA, by the Grace of God
of the United Kingdom of Great
Britain and Ireland, Queen,
Defender of the Faith

To Francis Berteau, Her Majestry's Collector
of Customs at Labrador

Greeting

Know you that we in confidence of your prudence and fidelity have appointed you and by these presents do give unto you full power and authority to take proof in common form of the Will of Jane Nicole hereto annexed and to administer the oath according to the form of the affidavit hereto annexed marked A unto one of the subscribing witnesses to the said Will.          And we do further empower you and give you authority to take the affidavits of James John Noseworthy, the executor named in said Will according to the forms of the affidavits hereto annexed marked respectively B, C, and D and to administer the necessary oaths to the said James John Noseworthy.
Witness the Honorable Sir Fredrick B. T. Carter K. C. M. G. Chief Justice
the 30^th day of June Anno Domini one thousand eight hundred and eighty-six.
By the Court
Prescott Samson
Registrar.

CERTIFICATE

I herby certify that the notice on the other side hereof written has been posted up in my office from the date thereof to the present and that no caveat or other objection has been entered thereto.
St. John's          June 29^th 1886
Geo. I. Adams
A C S C

NOTICE

Three days after date application will be made to one of the Honorable The Judges of the Supreme Court of Newfoundland for probate to the Will of Jane Nicol (sic) late of Shoal Cove on the Coast of Labrador to be granted to James John Noseworthy of Shoal Cove aforesaid executor named in said Will.
Dated at St. John's this 26^th day of June 1884.

O.E.                                        J. A. Clift
Initials                                    Proctor

To The Honorable Sir Fredrick B. T. Carter
K.C.M.G. Knight, Chief Justice of the Supreme
Court of Newfoundland or to one of the
Honorable The Assistant Judges thereof

THE PETITION of James John Noseworthy of Shoal Cove, Labrador, Fisherman

Humbly Sheweth

That your Petitioner's mother, Jane Nichole, died at Shoal Cove aforesaid on or about the fifteenth day of August last past having first made her last will and testament.
That at the time of the decease of the said Jane Nicole she was possessed of propery and effects of the probable value of Four hundred and forty Dollars.

(Note in left magin of this page:)
Did last husband
survive her or no?

That the said Will is hereto annexed marked A and has been proven in due form by the affidavit of George Lee Whiting, one of the subscribing witnesses thereto.

That under said Will, your Petitioner has been appointed sole executor.

That no Probate of administration has as yet been granted to said estate.

Your Petitioner therefore prays that Probate to said Will may be granted to him----And as in duty bound, he will ever pray.
St. John's
Shoal Cove, Labrador
July 22^nd 1886
James John Noseworthy

B

Supreme Court
Newfoundland

Labrador
Shoal Cove
To Wit.
James John Noseworthy of Shoal Cove aforesaid maketh oath and saith that he is the Petitioner within named and that the contents of said Petition are to the best of his knowledge and belief correct and true.

Sworn before me at Shoal Cove
aforesaid this twenty second day          James John Noseworthy
of July Anno Domini 1886.

Francis C. Berteau
Commissioner

Supreme Court
Newfoundland

In the matter of the Estate
of Jane Nicole, late of
Shoal Cove, Labrador,
deceased.

Petition of Executor
for Probate to Will

Fiat
J. J. Little
A. J.
Feb 9/86