Benjamin Knee
          1887

Estate of Benjamin Knee 1887
From LDS microfilm #2057238

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

Be it Remembered, That on this          Fourth          day of  May                     in the Forty   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- seven     personally appeared Peter House of Pools Island in the Northern District of Newfound land Planter, and William Knee and Joseph Knee Planters both of Pools Island 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      nine 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        Peter House           as Administratorcum ^{testaments annexo}, of the Estate and Effects of      Benjamin Knee late of Pools 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      Peter House as such Administrator c.t.a. or to the hands or possession of any other person, or persons, for    him          and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the     fourth                    day of      November 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 Peter House           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          fourth          day of          May --------------- which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-eight          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 Newfoundlandland, shall and do pay and dispose of in due course of Administration, or in such a mannner 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   at          }                    Peter House (black circle-shaped stamp)
Greenspond in presence of   }                    William^hisx_markKnee (black circle-shaped stamp)
                    R.P. Rice
                    Comm^r of Affidavits               Joseph^hisx_markKnee (black circle-shaped stamp)

Certificate

          I hereby 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
          Dated at St. Johns this 21' day of February aD. 1887
                    ? ???ison
                              ??

Notice

after three days from the date hereof application will be made to one of the Honorable The Judges of the Supreme Court of Newfoundland for Letters of Administration with will annexed to the Estate of Benjamin Knee late of Pools Island in the Northern District Planter deceased to be granted to Peter House of Pools Island aforesaid Planter

(initials interlined in left margin) OE.      Dated at St Johns this 29^th day of January 1887

J A Clift
Solicitor

       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
Peter House of Pools Island in the District of Bonavista in the Northern District of Newfoundland Planter

Humbly Sheweth          

          That Benjamin Knee late of Pools Island aforesaid Planter died at that place on or about the Seventh day of October in the Year of our Lord one thousand Eight hundred and eighty Six

          That Said Benjamin Knee left him surviving his widow Francis Knee and five children namely Joseph Knee Samuel Knee William Knee Amelia Spurril Wife of Jeremiah Spurrill and Sarah Spurrill wife of Robert Spurrill, all of whom are over age

          That Said deceased was at the time of his death possessed of property money and Effects within the jurisdiction of this Honorable Court of the probable value of Four thousand Dollars.

Page 2

   That said deceased did on the Seventh day of October last past make and publish his last will and testament

   That Said last Will anad Testament is hereto annexed marked .A. and the Same has been duly proven by the affidavit of Edwin Weary Clerk in Holy Orders one of the Subscribing Witnesses thereto - which Said affidavit is also hereto annexed marked .B.

   That Your Petitioner has been requested by the Widow and children of the Said deceased to make application for Letters of administration cum testament annexo to the Said Estate to be granted to him

   That Your Petitioner has obtained the Consent in writing of the said Widow and children of said deceased Benjamin Knee to apply for Letters of administration cum testament annexo to the said Estate to be granted to him as will appear by the paper writing also hereto annexed marked .C.

   That no Probate or Letters of administration have as yet

Page 3

A

          Last Will & Testament of Benjamin Knee now residing in Pools' Island Newfoundland _

          Of my money £847 is all. I leave Four hundred £400 to my wife, to the church I leave ten pounds £10 - the rest I leave to be divided between my sons & daughters - My daughters to receive half as much as my sons - Next I leave my property to my sons - my wife to remain in the house as long as she lives -

          This will was made & signed by me this 7^th day of October in the Year of our Lord one thousand eight hundred & eight six _ .

Signed _ Benjamin ^hisx_markKnee

          This will was made in the presence of us & in the presence of each other _

          Edwin Weary _  }
                                      } Witnesses -
          Thomas Connor }

We the undersigned do hereby appoint M^r Peter House to be the Executor of the above Will of the late Benjamin Knee
Thomas Connor}                    Frances^herx_markKnee- widow of the deceased
                           }Witness
William Knee    }                    Joseph^hisx_markKnee} sons of the deceased
                                                  Samuel ?? Knee     }

We the undersigned do herby Consent to hand over to the Execueter the 47£ mi?? the Interest to defeared Funeral Expenses & 10 £ ?? church according to the Will and the remaining Sum of Eight Hundred Pounds Currency to be divided as Stated by the Will manely to the Widow f the deceased the Sum f Fourd Hundred pounds

                                        £
Widow of deceased   Francis^herx_markKnee              400.0.0
Oldest Son    }          Joseph^hisx_markKnee                100.0.0
Brother         }          Samuel^hisx_markKnee                100.00
do                 }          William^hisx_markKnee               100.0.0
Sister            }          Amelia^herx_markSpurrell             50.0.0
Sister            }          Sarah her x mark Spurrell        50.0.0
                                 --------
                                                                               £ 800.0.0
                                 --------
Thomas Connor} Witnefs

B

Greenspond
ST. JOHN'S }

SUPREME COURT OF NEWFOUNDLAND.

TO WIT    }
(in left margin, initials interlined) J. P. R.

                              Edwin Weary
of Greenspond aforesaid Clerk in Holy orders maketh oath and saith that on the Seventh ___________ day of October A.D. one thousand eight hundred and eighty Six ___ at St. John's Pools Island __________________ he, this Deponent, was present and did see Benjamin Knee _______________________ late of Pools Island aforesaid            the Testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paperwriting as and for his      last Will and Testament, in the presence of this Deponent and of Thomas Connor --------------------

the other subscribing witness--- thereto. That Deponent and said ----------- Thomas Connor -------------------------
then signed Their names to such 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 Deponent and the said Thomas Connor --------------------

and that at the time of the said execution of the said Will the said 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^Greenspond aforesaid, this 26^th}
day of January                                     }(at left, initials interlined) L. P.R. A. D. One Thousand Eight                 }                    Edwin Weary
Hundred and Eight Seven                   }                    Clerk in Holy Orders

R.P. Rice
          Commissioner. of
Affidavits
          Supreme Court

C.

     We the undersigned Widow and Children of Benjamin Knee late of Pools Island Bonavista Bay in the Northern District of Newfoundland Planter deceased hereby consent for Peter House of Pools Island aforesaid Planter to take out and obtain Letters of admin-istration with will annexed to the Estate of the Said Benjamin Knee Deceased

     Dated at Pools Island aforesaid     this 24^th day of January A.D. 1887

   Frances^herx_markKnee
Joseph^hisx_markKnee
Samuel^hisx_markKnee
William^hisx_markKnee
                     Amelia^herx_markSpurrell ? wife of
                    Jeremiah Spurrell
                Sarah^herx_mark Spurrell wife of
             Robert Spurrell

Witness
Having first been read   }
over and explained to    }
the Said Several parties }

          Edwin Weary
          Clerk in Holy Orders _

Supreme Court
                    Newfoundland

Greenspond }
to wit           }          Edwin Weary of  Greenspond
                                aforesaid clerk in Holy Orders maketh oath and Saith that he was present and did see the parties whose names are subscribed to the consent and that previous to the said parties So Signing this Deponent read over and explained the nature and contents of the said consent to each of the Said parties separately - the said parties having so signed by affixing their respective marks

Sworn before me            }
at Greenspond aforesaid }                              Edwin Weary
this 26^th day of January }                              Clerk in Holy Orders _
Anno Domini    1887     }                              ______ . _________

R.P. Rice
Commissioner of Affi davits
Supreme Court

(trifold page)

1887

Supreme Court
Newfoundland

In the matter of the }
Estate of Benjamin Knee }
late of Pools Island }
Planter deceased }

Petition

 For Letters of administration c.t.a
to be granted to
Peter House

Fiat.          J.J. Little
                    A. J.

1^st Mar
-/87-
Filed. Mar 1 /87
                    

J.a.Clift - Solicitor
          

Supreme Court of Newfoundland

          ?? ?? }
                   }          ---------------
(initials in left margin) R.P.R Greenspond }
ST. JOHN'S,   }
                       }          I do swear that   I    believe that Benjamin
To Wit.           } Knee Late of Pools Island in the Northern District of the Island of Newfoundland 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 belief, amount to the the value of Four thousand five hundred dollars.

(initials in left margin) R.P.R Sworn before me, at St. John's,^Greenspond the fourth day of }                    Peter House
May    ---------    in the year of Our Lord One Thousand }
Eight Hundred and Eighty-seven                                    }

          R.P. Rice
          Commissioner of Affidavits.

(trifold page)

1887     Knee

Estate of Benjamin Knee
Late of Pools Island
in the Northern District
Planter          deceased

Dated May 20^th 1887

Admin C.T.A granted to Peter House
-------------------------
of
Pools Island aforesaid
Sureties William Knee and
   Joseph Knee

Estate sworn under $ 4000⁰⁰/₁₀₀