JOHN POOLE
          1886

SUPREME COURT OF NEWFOUNDLAND
---------------

BE IT REMEMBERED, That on this Third day of August in the Fiftieth 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 Hannah Poole of Channel in the Southern District of the Island of Newfoundland, Widow; Charles Mourant - Sub. Collector H. M. Customs at Channel aforesaid and Frederick Cox, Accountant, also of Channel aforesaid, 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 Six Thousand 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 Hannah Poole as Administratrix of the Estate and Effects of John Poole, Master Mariner, late of Channel aforesaid, 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 Hannah Poole 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 First day of February 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 Hannah Poole, 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 Third day of August 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.

Willaim N. ???av?aw   (R.T.S.)

Signed and Sealed in                              Charles Mourant
presence of (after being                         Frederick Cox
read over and explained to
said Hannah Poole
R. T.. Squarey
Commissioner of Affidavits
Supreme Court

SUPREME COURT OF NEWFOUNDLAND
---------------

(RTS)
Channel }
To Wit    } I do swear that I believe that John Poole, late of Channel aforesaid, 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 belief, amount to the value of Three Thousand dollars.

(RTS)
Sworn before me, at Channel, the third day of          Hannah her X mark Poole
August in the year of Our Lord One Thousand
Eight Hundred and Eighty-Six, after being read
over and explained to said Hannah Poole.
R. T. Squarey
Commissioner of Affidavits

1886

Estate of John Poole,
late of Channel,
in the Southern District,
Planter, deceased.

Dated: 27^th August 1886

Admin ------ granted to
Hannah Poole at
Channel, Widow.

Sureties
Charles Mourant
Frederick Cox

Estate sworn under $3000.00

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

The Petition of Hannah Poole of Chanel, Newfoundland, Widow

Humbly Sheweth

That your petitioner's husband, John Poole, late of Channel aforesaid, Planter, died on the Second day of April,1886 at Channel aforesaid having made a Will and appointed as Executors Frederick Cox, late of Channel aforesaid, Stipendiary Magistrate, since deceased, and William Warren also of Channel aforesaid, Store-Keeper and Master Voyager who had voluntarily renounced his claim to said Executorship and that your petitioner's husband died leaving heirs surviving, your petitioner and her children Georgina, aged fifteen years; Wallace aged thirteen years; Laura Letitia aged eleven years; George Philliskirk, aged seven years; Bessie aged five years and Lucretia Alice aged three years; that another of your petitioner's children, John died two years ago aged seven years.
That there are still living and residing in Channel aforesaid the following Sons and daughters of my late husband by a former marriage viz Thomas, aged thirty-seven years; William aged thirty five years; Martha, wife of John Ford, aged thirty three years, Clara (wife of Alexander Butt) aged twenty five years and Alexander aged Twenty three years. That the life of the said John Poole was insured in the Canada Life Insurance Company in the sum of three thousand dollars for the benefit of your Petitioner and her children and at the time of his decease the Estate of the late John Poole within the jurisdiction of your honourable Court did not exceed the sum of three thousand dollars in value.
That no letters of Administration of the said John Poole's Estate have been granted.
Your petitioner humbly prays that letters of Administration of said Estate be granted to her and as in duty bound will ever pray.
The Tenth day of May A.D. 1886

Witness,
After the foregoing had been
read over and thoroughly
explained to said petitioner.                R. W. Parsons

SUPREME COURT

Newfoundland
Channel
S.S.
Hannah L. Poole, of Channel aforesaid, Widow, the petitioner named in the above written petition maketh oath and saith that the matters and things therein contained are just and true to the best of deponents knowledge and belief.

Sworn before me at Channel aforesaid,
this Tenth day of May A.D. 1886, after
being read over and thoroughly
explained to this deponent.
R. T. Squarey, J.P
Commissioner Affidavits
Supreme Court
Newfoundland

SUREME COURT

In re Estate of
John Poole,
late of Channel,
Planter, deceased.

Petition of Widow for
letters of Administration
Fiat for admn
C. T. A. to be
granted to Hannah Poole,
Widow of Testator.

J. J. Little
June 22^nd/86

SUPREME COURT OF NEWFOUNDLAND

St. John's

          Jesse Heyfield at present of St. John's aforesaid, Methodist Minister, maketh oath and saith that he saw present on the 27^th day of September A.D. 1879 at Channel in the Southern District of Newfoundland and did see John Poole, late of Channel aforesaid, Trader, 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 this Deponent and of Frederick Cox, the other subscribing witness thereto. That Deponent and said Frederick Cox then and there signed their names to such will as such witnesses in the presence of the said Testator and of each other. That the said will was written by this Deponent and that at the time of the execution thereof as aforesaid, there was no obliteration in the said will. That the two obliterations now appearing therein; the first on the 28^th line of the first page and the second on the second line of the second page have been made since the execution of the said Will. That this Deponent well knows the word marked out by the said obliteration is Clara, daughter of the said Testator. That Deponent has carefully examined said obliteration and can now make out the letters Cl and a. That Deponent is not aware of when or by whom the said obliteration was made. And Deponent further saith that at the time of the said execution of the said will the Testator was of sound and disposing mind, memory and *understanding to the best of Deponent's knowledge and belief.

Sworn before me at
St. John's aforesaid this 17^th
day of June A.D. 1886                         Jesse Heyfield
Geo. J. Adams
Commr

*      torn piece of paper at top of this page states "equally between my four children and". Also "Wallace & J". Does not appear to be part of this page. - Transcriber

*Piece of paper at top of page appears to be remaining part of that paper appearing on the last page.
This piece says "my said Wife.*

In the name of God. Amen. I, John Poole of Channel in the Southern District of Newfoundland, Trader, being of sound mind, memory and understanding do make publish and declare this, my last Will and Testament in manner following:
That is to say, I give and bequeath unto my Wife, Hannah Poole and my five youngest children (Georgina, Wallace, Laura Letitia, John & Philliskirk) the dwelling house which I have recently built at Channel, with all the furniture belonging to it, together with the ground behind it to the Northwest as far as my boundary, and the ground in front of said house as far South as the Western side of the pond.
I give to my son Thomas the property which he now occupies - dwelling house with the land running by the brook to the water.
I give to my sons Thomas and William equally the wharf erected on Channel Head running Eastward to the boundary line of my property.
To Alexander I give the dwelling house, storehouse and the land out front of it; And XXXXXXXX and Wallace, I give in equal parts the land lying to the west side of said dwelling house on Channel Head.
My property at North Sydney, Cape Breton (the deeds of which are in my own possession) shall be divided equally**

**top of page torn…can read "Alexan"……then unreadable. The property lying at Grand Bay Brook to be divided between Georgina, Wallace, Laura Letitia, John & Philliskirk, my children.
I give to my four sons, Alexander, Wallace, John and Philliskirk my lower property at Channel including forge, shop, store and wharf is? to share equally.
I also direct that no portion of the premises herein described shall be let or sold by either of my children or any other person whatsoever, without first consulting with my Wife and getting her consent thereto.
I also further direct that, should either of my sons die leaving issue, the share of such one who may die shall be and become the property of his Widow and said Issue, unless his widow should marry again; in which case she shall forfeit all right to her said husband's property or share, which share shall go to his children, and failing them, be equally divided as before directed.
Any other property which I may possess as money, schooners, or boats &c shall be equally divided between my five children viz Alexander, Wallace, Laura Letitia, John and Philliskirk and I also constitute my wife Hannah as residuary Legatee. I also direct that in no case whatsoever is my said Wife to sell her share or interest in the property herein described unless it be to one or all of my children. And finally, should my said wife Hannah Poole marry again, she shall forfeit and lose all her right, title, and interest in and to any part or portion of my property that may remain at my death; and in such case, the share or interest of the aforesaid Hannah Poole, my wife, shall be equally divided amongst the family herein before named. Should either of my sons or daughters die unmarried, their share or shares shall be divided amongst the survivors in equal portions as aforesaid. And if my wife should die, her share shall be equally divided amongst the children herein named. And, of this my last Will and Testament, I appoint William Warren, Trader, of Channel and Frederick Cox, Magistrate of Channel my Executors; hereby revoking all former wills, I declare this only to be my last Will and Testament.
In witness whereof I have hereunto set my hand and seal at Channel on this, the twenty seventh day of September, one thousand eight hundred and seventy nine.

Signed, Sealed and delivered by the
Testator John Poole in presence                    John Poole
of us.

Witnesses:
Fredk Cox, S.M.
Jesse Heyfield, Methodist Minister

N.B.
My property at Cape Ray Cove becomes the property of my eldest son William and which he has occupied for the last two years.

Last Will
and Testament of
Capt. John Poole
of Channel.
Septr 1879

Supreme Court

In the Will of John Poole
late of Channel, Newfoundland,
Planter, deceased.

Channel  }
to wit-     }William Warren of Channel aforesaid, Store-keeper and Master Voyager, one of the Executors named in the will of the said John Poole, deceased, maketh oath and saith that he doth truly and voluntarily renounce all claim to the Executorship of said will and deponent further saith that he hath not intermeddled with the Estate of the said John Poole in any way whatsoever.

Sworn before me at Channel aforesaid this
tenth day of May A.D. 1886 after being read
over and thoroughly explained to said Deponent.

R. T. Squarey J.P.
Commissioner of Affidavits, Supreme Court

Supreme Court

In re- Estate of John Poole,
late of Channel,
Planter, deceased.

Renunciation of Executorship

To the Supreme Court of Newfoundland
or one of the Honourable Judges thereo -

The Petition of Hannah Poole, of Channel, Newfoundland widow,

Humbly Sheweth

          That your Petitioner's husband John Poole, late of Channel aforesaid, Master Mariner, died on the Second day of April A.D. 1886 at Channel aforesaid.

          That your Petitioner has applied for Probate to Will of her late husband.

          That the life of your Petitioner's late husband was insured in the Canada Life Insurance Company for the benefit of his wife and children in the sum of one thousand dollars.

          Your Petitioner humbly prays that your Honourable Court will be pleased to appoint the Rev. W. H. Edyvean, of Channel aforesaid, Methodist Minister, to the office of Guardian or Trustee to receive the amount of the said Life Insurance Policy and as in duty bound your Petitioner will ever pray.

          The Twelfth day of June, A.D. 1886

In presence of (after being read
over and explained to said
Petitioner.

R. T. Squarey
Commissioner of Affidavits
Supreme Court

Supreme Court

Newfoundland
Channel, S.S.    }
          Hannah Poole of Channel aforesaid, Widow, the petitioner named in the petition on the other side hereof written, maketh oath and saith that the matters and things therein set forth are just and true to the best of her knowledge and belief.

Sworn before me at Channel aforesaid,
this Twelvth (sic) day of June, A.D. 1886
after being read over and explained to
said Petitioner.

R. T. Squarey
Commissioner Affidavits
Supreme Court

          I hereby consent to be appointed Guardian or Trustee to receive the amount of the Life Insurance Policy on the life of the late John Poole, of Channel, Newfoundland, Master Mariner, from the Canada Life Insurance Company shall the Supreme Court of Newfoundland, or one of the honourable Judges thereof, see fit to appoint me.

Channel, Newfoundland, June 12^th 1886.

W. H. Edyvean

Witness:
R. T. Squarey

In the matter of the Will
of the late John Poole
of Channel, Master Mariner

Petition &c
Order that the
Reverend W. H. Edyvean be
appointed Guardian to the
property of the infant children
of John and Hannah Poole.

J. J. Little
A.J.

June 22^nd/86