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A Collection of Newfoundland Wills
(C)
William Cadwell

 

1893
Estate of William Cadwell
late of St. John's
in the Central
District. Sailmaker deceased
C.T.A.d.b.n. Admin granted to Thomas French

of Moreton's Harbour
in the Northern District
Planter

Dated 25th in March 1893
Sureties Jabez R Thompson
George Roberts

Estate sworn under $1100. -

Vol 5
Folio 62

C

AFFIDAVIT

In the Supreme Court of Newfoundland

NEWFOUNDLAND
TO WIT

I do swear that I believe that William Cadwell late of Saint Johns Sailmaker 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 Goods will extend: and that I will exhibit a true, full and _______ inventory of the said Goods of the deceased, and render a true account of any _______en into the Registry of the said Court, within Six months after the date hereof when I shall be thereunto lawfully required; and that the whole of the Goods, rights, chattels, assets, credits and affects of the said deceased,of which he died possessed, now remaining to be administered within the jurisdiction of this Court, do not, according to the best of my knowledge, judgement and belief, amount to the value of One thousand one hundred Dollars.
So help me God,

Sworn before me at Twillingate
this 25th of February day Thomas H. French
A.D 1893

F. Berteau
Commissioner of Affidavits,

Supreme Court.


In the Supreme Court

In the matter of the Estate and
Will of William Cadwell
deceased.

Newfoundland I Thomas French at present St. John's s.s. of Saint Johns , Planter make oath and say as follows.

  1. I am the son of Jane, wife of William French one of the daughters of said William Cadwell, deceased.

  2. The said deceased William Cadwell left him surviving six daughters of whom only one is now living, Louisa Widow of Richard Martin about seventy years of age.

  3. Of the other daughters, one Mary died unmarried , the others have left children now living.

  4. The Estate of said deceased consists principally of four tenement houses situate on the Kings Road Saint Johns yielding a rental of about One Hundred and Sixty dollars a year.

  5. Previously to the year 18 or thereabouts and for many years the affairs of said Estate, which consisted of the collection of the rents of said houses and the distribution thereof among those entitled thereto under said Will were managed by one John Howell of Saint Johns Planter.

  6. After the death of said John Howell, the management of said affairs were handed over by his widow to me, in or about the year 18 .

  7. Since that time I have managed the said business my solicitors Messrs, Winter Morison and Hayward have collected the said rents.

  8. I have acted and am now acting on behalf of all of the parties entitled under said will except the petitioner Robert Weatherdon whose share or interest is two thirds of one fourth, the share or interests of those for whom I have acted amounting to three fourths and one third of one fourth.

  9. I had no notice whatever, nor had any of the other parties entitled under said will any notice of the application later made by said Robert Weatherdon for administration to said estate.

  10. I gave no authority other for myself or those whom I represent to said Messrs. Winter Morison and Hayward to appear for or represent me or any of said parties upon said application nor so far as I am informed and believe did they so appear.

  11. The proper management of the said Estate and property requires the personal and careful attention of the administrator or his duly authorized agent.

  12. I am ready and willing to assume the management of the affairs of the Estate and in my absence to provide a competent agent in Saint Johns for all necessary purposes and all the legatees under said will with the exception of said Robert Weatherdon are desirous of leaving the control and management of said Estate in my hands.

  13. The said parties being the said Mrs. Martin and the grandchildren of said deceased, entitled under said will and on whose behalf I have been acting, number fifteen in all. They are all resident in outports in the district of Twillingate. Sworn before me at St. John's this Twentieth day of November, one thousand Eight hundred and ninety.

(signed) Thomas French

(signed) Geo. J. Adams
Commr


In the Supreme Court

In the matter of the
Estate of William
Cadwell
deceased.

St. John's to wit I Donald Morison of Saint Johns , Solicitor make oath and say as follows.

  1. The said estate in the Petition for administration was sworn to be of the probable value of $2000.

  2. The houses belonging to said estate were destroyed in the fire of July 8 last and the said Estate now consists of the land upon which the said houses were Erected and is of the probable value of one thousand dollars.

Sworn at St. John's this             D. Morison LS
1st. Day of December
AD 1892
Before me
Jos P Carty
Commr


In the Supreme Court

In the matter of the
Estate of William
Cadwell
deceased.

Upon reading the affidavit of Donald Morison and hearing him of counsel for Thomas French and others I do order that Security be taken for the administration of the said Estate in the sum of one thousand dollars.

Dated at St. John's this first day of December 1892.

W. J. Little
J. S.C.

On Troken?? Of
D Morison
Of council for
Thomas French
and others

In the Supreme Court
of Newfoundland
Probate Side

In the matter of the Estate
and Will of William Cadwell
late of Saint John's Sailmaker deceased.

Upon hearing Mr. Pitman of counsel for Robert Weatherdon the petitioner named in the annexed Petition and Citation herein of date the 17th. day of October instant and the affidavit of Ceppica (?) thereof. Sir James J Winter being present as agent for one French of Moreton's Harbour Notre Dame Bay one of the next of kin of a legatee under the Will of said William Cadwell deceased, I do order that Joseph P. Carty Esquire one of the Clerks assistant of this Honourable Court be and he is hereby appointed Administrator de bonis non cum testamento annexo of the Estate of the said William Cadwell deceased adjudged in the said annexed Petition.
dated 23 day of October AD 1890
W J Little
JSC

A
Supreme Court of Newfoundland

Be it Remembered

That on this twenty fifth day of February in the 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 ninety three personally appeared Thomas French of Moretons Harbor Planter Jabez S. Thompson of North Island, and George Roberts of North Island all of Twillingate and did acknowledge themselves to be held and firmly bound to our said Sovereign Lady the Queen, Her Heirs and Successors, in the penal Sum of two 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 Thomas French As administrator cum testamento annexo de bonis non of the Estate and Effects of William Cadwell late of Saint Johns Sailmaker 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 Thomas French as such Administrator 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 into the Supreme Court of Newfoundland at or before the Twenty-fifth day of July February next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, of the said deceased at the time of his death, or which at any time afterwards shall come to the hands or possession of him the said Thomas French 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 Twenty fifth day of January February which will be in the year of Our Lord One Thousand Eight Hundred and ninety four 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 Newfoundland, shall and do pay and dispose of in a due course of Administration or in such 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.

SIGNED AND SEALED              Thomas H. French LS
in the presence of

F. Berteau      J V Thompson LS
Comr of Affidavits     George Roberts LS
Supreme Court

 

In the Supreme Court.

In the matter of the Estate
of William Cadwell late of
Saint John's Sailmaker
deceased.

Upon hearing Sir James S.Winter Q.C. of Counsel for certain of the parties interested in this Estate and Mr Pitman of Counsel for Robert Weatherdon I do order that the order made by me on the 23rd. Day of October A.D. 1890 for the granting of Letters of Administration of the said Estate to Joseph P.Carty Esquire be and the --------- same is hereby rescinded and that administration de bonis non with the will annexed of the Estate of said William Cadwell deceased be granted to Thomas French of Moretons Harbor Planter one of the next of kin of a legatee under the will of said William Cadwell deceased. And I do order that the Costs of the said Robert Weatherdon and of the said Thomas French be paid out of the said Estate.

Dated at Saint John's this 1st. day of December AD 1892

W J Little
JSC

On motion of Sir
James S.Winter Q.C.
for said parties.

In the Supreme Court
of Newfoundland
Probate Side
In the matter of the
Estate of William Cadwell
late of Saint John's Sailmaker deceased.

Let all parties concerned, resident in Saint Johns attend Mr. Justice Little in Chambers on Monday Thursday next the 23rd day of October instant at 12 o'clock noon upon the application of Robert Weatherdon in an order for the administration de bonis non cum testament annexo of the Estate of the said William Cadwell deceased. If you do not attend, either in person or by your Solicitor, at the time and place above mentioned, such order will be made and proceedings taken as the Judge may think just and expedient.
Dated the 17th day of October AD 1890
J J Pitman
Solicitor for said Weatherdon           W J Little
Offices 226 Duckworth Street             A Judge SC
Saint Johns


In the Supreme Court
of Newfoundland

Newfoundland
Saint Johns to wit I William J Pitman of Saint John's aforesaid Clerk make oath and say that I did on the 20th day of October instant personally serve Robert Graham with a copy of the within written paper writing and that did also on the same day serve Winter Morison and Hayward as agents for French with a copy of same by leaving it at their office.

Sworn before me
at Saint John's this              WJ Pitman
23rd. Day of October
AD 1890

George J Howard?
Commer
REGISTRAR
ST. JOHNS
OCT 23 1890
NEWFOUNDLAND

In the Supreme Court
Probate Side

In the matter of the Estate
of William Cadwell late
of Saint John's Sailmaker deceased.

Re Application of Robert ~
Weatherdon
for administration
de bonis non cum testamento
annexo to said Estate.

Originating surnames
citing next of kin
resident in Saint Johns
to appear before Mr.
Justice Little.

Pitman

To the Honourable the Supreme Court of Newfoundland or to one of the Honourable The Judges thereof.

The Petition of Robert Weatherdon of Saint John's Sailmaker
Humbly Sheweth:

That William Cadwell late of Saint Johns aforesaid, Sailmaker deceased died at Saint John's aforesaid in or about the year 1835 having previously made and executed his last Will and Testament a certified copy of which is hereto annexed and of which Letters of Probate were on the 23rd day of June A.D. 1854 duly granted to Samuel Carson M.D. one of the Executor in said Will named. That the said Samuel Carson has since died abroad without having administered the Estate of the said William Cadwell deceased and there is now no Executor of the said Samuel Carson in this Colony nor any surviving Executor of the said William Cadwell deceased. That your petitioner is a husband of a ----- daughter of Eliza Cadwell (afterwards Bennett) one of the legatees mentioned in the said annexed Will who died about the year 1854 intestate and who left her surviving, Louisa now the wife of one Hann of Moreton's Harbor in the Northern district John whose interest in the said Estate has been assigned to your petitioner and Elizabeth wife of your petitioner who is now deceased

That

That the Estate of the said William Cadwell deceased which remains unadministered and within the Jurisdiction of this Honourable Court amounts to the probable value of Two thousand dollars.

Your petitioner therefore prays that Letters of Administration de bonis non cum testamento annexo of the Estate of the said William Cadwell deceased may be granted to Joseph P. Carty one of the assistant Clerks of this Honourable Court or to such other person as this said Honourable Court or one of the Honourable the Judges thereof may appoint.

And as in duty bound your petitioner will ever pray etc.

Dated at Saint John's this 16th day of October A.D. 1890

Robert Weatherdon LS

In the Supreme Court
of Newfoundland
Probate Side

Newfoundland
Saint John's to wit I Robert Weatherdon of Saint Johns aforesaid the petitioner named in the within written ---------- Petition make oath and say that the several matters and things in the said Petition contained and set forth are correct and true to the best of my knowledge and belief. Sworn before me at Saint John's this       Robert
16th day of October                                 Weatherdon
A.D. 1890

Jos. P. Carty
Commissioner


William Cadwell, a sailmaker, died in 1835. His will can be found here: http://ngb.chebucto.org/Wills/cadwell-william-2-167.shtml

William was married to Elizabeth Marshall, daughter of David and Amy Marshall. They had the following known children: Thomas, Elizabeth, Jane, Frances, Rebecca, Louisa, Eliza and Mary. Thomas and Frances died before 1835.

Elizabeth Cadwell married Robert Graham from Ireland in 1824. This marriage was in St. John's. They had at least one child.

Jane Cadwell married William French in November 1832. This marriage was in St. John's. Jane died in Moreton's Harbour in June 1885 as Mrs. Edward Russell. William and Jane had at least eight children.

Rebecca Cadwell's later history is unknown at this point in time.

Louisa Cadwell married Richard Martin of Harbour Grace. I believe that this stage that Louisa died in Lewisporte in July 1900. This marriage has been narrowed down to some time between September 1835 (the date of the death of William Cadwell) and 1838 (the approximate DOB for Jane, first child of Richard and Louisa). Richard was the first child and son of Francis Martin and Jane Snow. Francis was a brother of Jonathan Martin, my ggg grandfather. Richard and Louisa were the start of the Martins in the Lewisporte area. I believe that this marriage may have been in either Harbour Grace or probably in the Black Island-Exploits area. Richard was documented as a fisherman in that area in 1841. Richard and Louisa had at least seven children.

Eliza Cadwell married either John Thomas Bennett or Thomas John Bennett. Elizabeth Jane Bennett, their daughter married Robert Weatherdon, sailmaker, in St. John's in November 1875. I suspect that Elizabeth Jane's sister, Mary Ann, married John Bragg. Cf the will for Robert Weatherdon.

Robert Weatherdon died in St. John's in 1904 and his will is here: http://ngb.chebucto.org/Wills/weatherdon-robert-9-34.shtml

Eliza Cadwell and her husband had at least four children. A Celina Bennett married a George Hann in Moreton's Harbour in November 1876. Was Celina/Selina really Selina Louise or Louise Selina??

Mary Cadwell died a spinster.

 

 

Page Contributed by Geoff Martin

Page Revised by Ivy F. Benoit & Judy Benson(Wednesday February 20, 2013)

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