Joseph Hopkins
          1888

(Transcriber's note: The following two pages are in poor condition and there is some missing data.)

Supreme Court of New????

Northern District
Hearts Content
TO WIT                    James Howell Moore of Hearts Content aforesaid Accountant maketh oath and saith that on the Eighth ????? A.D. one thousand eight hundred and eighty s???? ???? ???? ???? ????
content ???????????? ?????????? ?????????? ???????????? ??????????
Joseph Hopkins - late of Hearts Content Merchant the testator named in the paper writing hereunto annexed duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of Ebenezer Legge the other subscribing witness thereto, That Deponent and said Ebenezer Legge ????? ????? ?????
??????????????????????? Will as such ?????????????????????????????
said Testator and of each other - That previously to the said Will being 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 Ebenezer Legge - 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 Deponents knowledge and belief.

Sworn before me at
Hearts Content aforesaid this ?^th          James Howell Moore
??? of August
???D. One thousand eight
???dred and Eighty Eight
????H Penny
???mmissioner Affidavits
Supreme Court

Newfoundland
In the Supreme Court

AFFIDAVIT

You shall swear that you believe this to be the true last Wi?? ???stament of Joseph Hopkins late of Hearts Content in the Northern District Merchant 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 ??? Assets, Credits, and Effects of the said Joseph Hopkins ????, and of which he died possessed do not, according to the best of your knowledge, judgment and belief, amount to the value of seventeen thousand dollars ^{"M M"}

So help you God,

A R Martin

Sworn before me at ^R?P Hearts Content ^R?P          Moses Moores
this 30^th day of
August A.D. 1888
by this said A R Martin and
the said Moses Moores
R ? Penny
Commissioner of Affidavits
Supreme Court

1888

Estate of Joseph Hopkins

late of Hearts Content

in the Northern District

Dated September 3^rd 1888

Probate granted to Adam H. Martin
and Moses Moore
the Executors named in the Will

Estate sworn under $17000.00

          To the Honorable the Supreme Court of Newfoundland.
          The petition of Adam B. Martin of Hearts Content Telegraph Operator and Moses Moore of the same place fisherman

Humbly Sheweth

          that Joseph Hopkins late of Hearts Content aforesaid Planter departed this life on the Second day of August Eighteen hundred Eighty Eight having made his last will and testament, dated this eighth day of June Anno Domini Eighteen hundred and Eighty six of which the said deceased appointed your Petitioners executors
          That the said deceased left him surviving his widow Ann Hopkins, two sons viz Joseph and William and four daughters viz: ??irly, Charlotte, Louisa and ???ina: that the said deceased was at the time of his decease possessed of or entitled to property consisting of ??? and personal estate to an amount not exceeding in the opinion of your petitioners the sum of Sixteen thousand dollars; ??? are Letters of Administration having been granted to the Estate of the deceased your Petitioners therefore pray that

Letters of Probate to the said will may be granted to your petitioners and as in duty bound will ever pray

Hearts Content                                        A R Martin
fifteenth day of August                           Moses Moore

In the Supreme Court
Probate Side

Newfoundland
Hearts Content
To wit                    Adam R. Martin of Hearts Content in the ??? ??? Island of Newfoundland, Telegraph Operator, and Moses Moore of the same place Fisherman severally make oath and say that these Deponents are the petitioners named in the foregoing petition and ??? ??? ??? matters and things therein contained are just and true as? ??? ??? ??? ???in set forth
Sworn before me                               A.R. Martin
at Hearts Content                              Moses Moore
this 15^th Day of
August A.D. 1888
          R ? Penny
Commr of Affidavits
Supreme Court

Supreme Court
Probate
Side

In the Estate of

Joseph Hopkins

Petition for Letters

of Probate

Fiat

F B T Carter
C. J.

Aug 24/88

(Note inserted at bottom of page, mostly
illegible with exception of date; Aug 20/88)

          I Joseph Hopkins of Hearts Content in the Island of Newfoundland planter, do make this my last will and testament hereby revoking all former wills by me made
          First. I give and bequeath to my wife Ann Hopkins all my household furniture books plate pictures and other articles of personal property in my dwelling house at the time of my decease except the centre table in my drawing room my piano and sewing machine -
          Second. I give and bequeath to my said wife and such of my daughters as shall be unmarried at the time of my decease the land situate in the north east cove at Hearts Content with the store wharf and erections thereon and all moneys belonging to me at the time of my decease with the exception of sixty six pounds bequeathed to my daughter Emily to be disposed of and used as they may deem best towards their support and maintenance
          Third I give and bequeath to my sons Joseph and William share and share alike all gear and material used in the prosecution of the fisheries.
          Fourth. I give and bequeath to my executors hereinafter named the land with this dwelling house thereon and the said land and passage

Petitioners James H Moore                    ????iately
Ebenezer Legge                                                  his
                                                                  Joseph X Hopkins
                                                                              mark

immediately adjoining thereto and used therewith now occupied by me also the land with the stable thereon in the rear of the said dwelling house also my dwelling house and premises now occupied by D. Anderson a tenant upon trust for the use of my wife and unmarried daughters and the survivor of them being unmarried and after the decease of my said wife and the marriage or decease of my said daughters upon trust to sell the said lands dwelling houses and premises mentioned in this clause and to divide the proceeds equally among my sons and daughters, the children of a deceased son or daughter to take the deceased parent's share subject nevertheless as regards the said dwelling house and all and singular the said appurtenances now occupied by me to the promise? contained in the sixth clause of this will which provides that my son, William may take the same if he prefer so to do in lieu of certain property therein bequeathed to him and I direct and wish that if he shall so do then the said property which he shall give up shall be held by my executors in trust to sell the same and to divide the proceeds at the time and in manner hereinbefore in this clause directed and before such sale to hold the same in trust.

Witnesses James H Moore                                his
                 Ebenezer Legge                    Joseph X Hopkins
                                                                              mark

for my said wife and unmarried daughters and the survivor of them
          Fifth. I give and bequeath to my son Joseph my schooner "Two Brothers" with all her boats furniture and appurtenances also the outside wharf and the whole of the fish store, also the bread left with the store underneath? and the ??? attached thereto being both on the outside wharf also the coal store and the loft over the same situate on the north side of the road leading to the inside wharf also the southern half of my dockyard and workshop thereon also the small garden south of the said workshop also that part of my office lately occupied as a post office also the land with the dwelling house outhouses and erections thereon now occupied by Alphonso Conpard? also the northern half of my farm on the Carbonear? road also the garden known as "Martins Garden" situate on the hill? adjoining the Anglo American Telegraph Company's property also that piece of waterside property to the north of the outside wharf between the bridge leading to Thomas Hopkins's stage and Thomas Hopkins's flake and also the steampot
          Sixth. I give and bequeath to my son William my schooner "Flash"? with all the boat furniture
Witnesses James H Moore
                 Ebenezer Legge                                    his
                                                                      Joseph X Hopkins
                                                                                 mark

and appurtenances also the inside wharf refait? store and stable also the northern half of my dockyard with the ice house thereon also that part of my office which I always use as my office also the hayfield in the rear of property occupied by A.R. Martin also the southern half of my farm on the Carbonear road also all the land with the dwelling house and erections thereon now occupied by A.R. Martin also the fourth part of the bank garden next the water, including the waterside west of that portion of the bank garden hereinafter bequeathed to my daughter Charlotte, provided that if after the decease of my wife my son William shall prefer the house and premises I now occupy mentioned in the fourth clause of this will to the house and premises now occupied by A.R. Martin mentioned in this clause he may take the former in lieu of the latter and the house and premises now occupied by A.R. Martin shall in such case be held by my said executors in trust for the purposes mentioned in the fourth clause instead of the house and premise I now occupy -
          Seventh. I give and bequeath to my daughter Emily the land with the dwelling house and erections thereon lately occupied by A.A. ????
Witnesses James H Moore                              Thompson
                 Ebenezer Legge                                    his
                                                                      Joseph X Hopkins
                                                                                 mark

Thompson together with the lane leading thereto also my sewing machine also the southern half of the bank garden including the water side leaving a road six feet along the eastern side of the garden hereby bequeathed to Emily for the purpose of a passageway for my son William to his part of the said bank garden and also the sum of sixty six pounds in cash -
          - Eighth  I give and bequeath to my daughter Charlotte the land with the dwelling house and erections thereon lately occupied by herself and her husband also the fourth part of the bank garden west of and adjoining the said land leaving a road six feet wide along the south side of the land or garden now bequeathed to Charlotte for the purposes of a passageway for my son William to his part of the said bank garden the land and property in this clause bequeathed to Charlotte is to be held by her as her sole and separate estate for life and after her decease I give and bequeath the same to her eldest son Joseph and should he predecease his mother then I give and bequeath the same to her ___________________________ eldest surviving son and should she leave no son her surviving the same shall be divided equally amongst her daughters ------
          ---- Ninth   I give and bequeath to my daughter Louisa the land with the dwelling house

Witnesses James H Moore
                 Ebenezer Legge                                     his
                                                                      Joseph X Hopkins
                                                                                  mark

and erections thereon and the kitchen garden in rear thereof now occupied by Andrew Bailey shoe maker also the centre table excepted in the first clause of this will ----
---- Tenth   I give and bequeath to my daughter Jemima the land with the dwelling house and erections thereon now occupied by Mr.? Bartlett and also the piano excepted in the first clause ---------
------ Eleventh - All the bequests herein made to my daughters shall be held to their sole and separate use ------
------Twelfth   It is my will that should my son William prefer to take the house and premises I now occupy as provided in the sixth clause then my son Joseph shall have the stable in rear thereof to remove it from the land unless he sells or rents it to my son William --------
------- Thirteenth   It is my will that until my daughters marry the rent of the properties bequeathed to them do form a general fund with the other bequests made for the benefit of my wife and unmarried daughters for the support of my wife and unmarried daughters living together but as each daughter shall marry she shall take the property bequeathed to her -------
----- Fourteenth   I give and bequeath my schooners "Charlotte" and "William" to my executors here-

Witnesses James H Moore                    ______ inafter
                 Ebenezer Legge                                     his
                                                                      Joseph X Hopkins
                                                                                  mark

inafter named upon trust to the use of my said sons Joseph and William so long as they shall agree to run the same in copartnership and if or when they shall refuse or omit so, to run the same in copartnership then the said schooners shall be sold and my executors shall divide the proceeds between my said two sons share and share alike -------
----- Fifteenth   I give all the residue of my estate not hereby bequeathed to my said wife
-----Sixteenth  I appoint Adam R. Martin of Hearts Content aforesaid telegraph operator and Moses Moore of the same place fisherman executors of this my will -------
----------- Dated at Hearts Content aforesaid this eighth day of June A.D. eighteen hundred and eighty six -----

Signed by the said Joseph Hopkins
as and for his last will and testament
in our presence who in his presence                              his
and the presence of each other have                  Joseph X Hopkins
hereunto subscribed our names as                                mark
witnesses to the due execution hereof
the same having been first clearly
and distinctly read over and explained
to the said Joseph Hopkins, in our presence
the words "Eldest son Joseph and should he predecease
his mother then I give and bequeath the same to her
???? ????? ????? ???? line twenty? three of ??? ????
Witnesses James H Moore
                 Ebenezer Legge

(Transcriber’s note - cannot accurately transcribe faded passage at bottom of page)