Charles Layton
          1887

Estate of Charles Layton 1887
From LDS microfilm #2057238

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

(initials in left margin: HwT) Harbor Grace
ST. JOHN'S,  }
                      }   I    do swear that   I    believe that Charles Layton
     To Wit.     } late of Harbor Grace in the Northern District     of the Island of Newfoundland Master mariner 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 five hundred -------------------------- dollars.

(initials in left margin: HwT) Sworn before me, at St. John's,^{Hr Grace}; the twenty ninth day of }
September          in the year of Our Lord One Thousand }
(initials in left margin: HwT) Eight Hundred and ??? ??? }
          Eighty-seven.          }
          H. W. Trapnell
                    Commissioner of Affidavits.                    Mary Layton

(trifold page)

1887

Estate of Charles Layton
late of Harbor Grace
in the Northern District
Master mariner deceased

Dated Oct 18/87

Admin C.T.A granted to Mary
Layton of Hr Grace
aforesaid widow

Sureties Patrick Farrell a??
     David A. Flynn

Estate sworn under $ 500⁰⁰/₁₀₀

(writing on the reverse of this page makes it difficult to read)

Certificate

I hereby certify that the notice on the other side hereof has been posted up in my office from the date thereof to this ?? ?? that no caveat ?? other objection has been S?tand thereto
          Dated at St. Johns this 24^th day of September 1887

Otto Emerson
AC ^??

(writing on the reverse of this page makes it difficult to read)

Notice

    After three days from the date hereof application in? been made to one of the Honorable the Judges of the Supreme Court of Newfoundland for Letters of administration with in?? ?? to the Estate of Charles Layton late of Harbor Grace Master mariner deceased to be granted to Mary Layton of same place widow of deceased

(initials over title, interlined: O.E. AC^?? Dated at St. John's this 22^nd day of September 1887

W. o. wood
                    Solicitor for widow

          To the Honorable Sir Frederick B. T. Carter ? ?? G. Chief Justice and the Honorables Robert John Pinsent D . C. L. and Joseph J. Little Assistant Justices of the Supreme Court of Newfoundland

          The Petition of Mary Layton of Harbour Grace Widow

                    Humbly Sheweth

          That your Petitioners husband Charles Layton late of Harbour Grace Master Mariner died at Harbour Grace aforesaid on the Ninth day of September Anno Domini Eighteen hundred and eighty seven leaving a Will which is hereunto annexed whereby your Petitioner is left sole Legatee to the Estate of her said late husband

          That the said Charles Layton left property of the probable value of five hundred dollars

          That no probate or administration has been granted to the Estate of the said Charles Layton.

                                                                                Your Petitioner
Therefore prays that Letters of Administration Cum Testamento Annexo may be granted to your Petitioner
                                                                                 And Your Petitioner as
In duty bound will ever pray &c.

Mary Layton               

Supreme Court
Newfoundland

Harbour Grace fs.
                    Mary Layton of Harbour Grace           Widow maketh oath and saith that the           contents of the foregoing Petition are correct           and true and that she is the Petitioner           therein named .
Sworn before me at          }
Harbour Grace aforesaid  }                              Mary Layton
this twentieth day of         }
September A.D. 1887      }

          H. W. Trapnell }
          Com^r.  S. Court

Newfoundland

Harbour Grace fs.

          William Olive Wood of Harbour Grace aforesaid Barrister at Law maketh oath and saith that he was present with Edward N Martin of the same place Physician and John Thomey of the same place Planter and did see Charles Layton of Harbour Grace aforesaid Master Mariner the Testator named in the Will hereunto annexed duly sign by making his mark thereon seal and deliver the said annexed paper writing as and for his last Will and Testament in the presence as well of the said Edward N. Martin and John Thomey as of Deponent That before the signing of the said Will as aforesaid it was read over and fully explained to the said Charles Layton in the presence of Deponent and of the said Edward N. Martin and John Thomey That after the Signing as aforesaid the said Edward N. Martin John Thomey and Deponent signed their names as witnesses to the said Will at the request of the said Testator in his presence and in the presence of each other
That the said Charles Layton was at the (initials underlined in left margin: W.C.W) time of (??) the signing as aforesaid of sound and disposing mind memory and understanding.

Sworn before me at            }
Harbour Grace aforesaid    }                                W. Clive Wood
this 19^th day of September }
A.D. 1887                           }

          H.W. Trapnell
          Com^r. S. Court

In the name of God. Amen.

This is the last Will and Testament of said Charles Layton of Harbour Grace Master Mariner I do give devise and bequeath to me beloved Wife Mary Layton all that land Dwelling house and premises now occupied by me at Harbour Grace aforesaid together with all furniture lands goods monies and effects of which I may die possessed wherever the same may be.

Signed sealed published       }                 Charles^hisx_markLayton (black circle stamp)
and declared by the said       }
Charles Layton as and for  }
his last Will and Testament. }
in the presence of us who in }
his presence and in the         }
presence of each other          }
have hereunto subscribed     }
our names as Witnesses       }
(the same having been first  }
read over in our presence     }
and fully explained) this      }
Eighth day of September     }
Anno Domini Eighteen       }
hundred and eighty seven    }
          EN Martin LK??S    }
          John Thomey
                    W.O. Wood

(tri-fold page)
(second panel)

Will of
Charles Layton.
------
Petition for Administration.
C. T. A
--------

Filed Sept 22/87
------------

Fiat     J.J.Little
       A .J .

(running vertically from bottom to top at left margin on third panel)

Proved before me, upon the affidavit of W. Olive Wood one of the subscribing witnesses, at Harbour Grace, this Nineteenth day of September A. D.1887. at 1.15 o'Clock P.M .

H. W. Trapnell
Com^r S. Court

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

Be it Remembered, That on this          twenty ninth          day of September A D. 1887           in the Forty          51^st           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 Mary Layton of Harbor Grace in the Northern District of the Island of Newfoundland Patrick Farrel of the same place Merchant and David A Flynn of the same place organist 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 one Thousand dollars

(line drawn from lower left corner through to upper corner of these two lines)

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 Mary Layton --------------------------------------------------- as Administra trix cum^{testaments annexo} of the Estate and Effects of   Charles Layton          late of hr Grace aforesaid Master Mariner 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     Mary Layton as such Administra trix C.T A 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    29^th          day of March        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   Mary Layton           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                     29^th           day of September which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty- eight           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 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          }                    Mary Layton (black circle-shaped stamp)
          in presence of       }                     Patrick Farrell (black circle-shaped stamp)
          H. W. Trapnell
          Com^r Sup. Court                        David A Flynn (black circle-shaped stamp)