William Eales
          1894

Estate of William Eales 1894
From LDS microfilm 2057392

In the Supreme Court of Newfoundland

In the matter of the Trustees Act 1898          }
and                                                                  }
In the matter of the Estate of                         }
William Eales late of St. John's                    }
Farmer, deceased.                                           }

Upon reading the Petition of Emma Cole Eales one of the administrators of the above Estate and upon reading the affidavit of Alexander I.W. McNeily, Queens Council, the other administrator of said Estate and upon hearing Mr. Clift of Counsel for the said Emma Cole Eales I do order that sale of the property mentioned in the Petition be ??? and the same is hereby confirmed and that the said Alexander I.W. McNeily the other administrator of the said Estate do convey unto the said Emma Cole Eales in her own right, the lands and premised purchased by her and referred to in the said Petition.

Dated at St. John's this 25^th day of Sept A.D. 1900
Upon motion of                    } Geo. H. Emerson
Mr. Clift for Petitioner         }          J

In the matter of the "Trustees    }
Act 1898"                                   }
and                                              }
In the Supreme Court                 }
In the matter of the Estate of     }
William Eales late of St. John's}
Farmer deceased                         }

Newfoundland         }
St. John's To Wit:     } I, Alexander J.W. McNeily of St. John's aforesaid one of her Majesty's Counsel, make oath and say as follows:

1. On the 5^th day of June 1894 I was appointed jointly with Emma Cole Eales an Administrator of the Estate of the said William Eales.
2. I have cooperated with the said Emma Cole Eales in the realisation and administration of the said Estate.
3. In the course of such realization it became necessary to sell and dispose of the Farm land Dwelling House and Premises of the said Estate Known as "Green Bank Farm".
4. The said Farm was duly advertised for sale by Public Auction as set forth in the Petition of said Emma Cole Eales in this matter dated the 7^th day of September indent?
5. The conditions of sale of said premises were prepared and approved by me.
6. The said sale by auction was held in accordance with advertisement and was conducted regularly, and at such sale the said Emma Cole Eales was the highest bidder for the sum of $1080.00.
7. I am satisfied that the said sum of $1080.00 is the fair market value of the said land and premises.
   
   
   
8. The Estate of said deceased has been fully administered and distributed upon the basis of the said purchase price as the value of said property so exposed to sale at auction, and the next of Kin being acquainted with the facts have given to the administrators full and complete releases and discharges in respect of the administration and distribution of said Estate.
9. I Know of no objection in law or equity which could be made against the conveyance of the said premises to the said Emma Cole Eales as prayed for in her Petition.

Sworn before me at                  } Alex. J.W. McNeily
St. John's aforesaid                   }
This 12^th day of                        }
September A.D. 1900               }
Geo. J. Adams
------------------
Clerk

Newfoundland Revenue Stamp affixed.

         In the matter of         }
"The Trustees Act 1898 }

and

In the matter of the }
Estate of William   }
Eales late of St. John's }
Farmer, deceased          }
---------------

Off? of Alex J.W. McNeily.
---------------

(First line not visible but may say:)
"In the matter of"         }
"Trustees Act 1891"     }

and                           To the Honorable Joseph I. Little Chief Justice, or to one
In the matter of the }of the Honorable the Judges of the Honorable the Supreme
Estate of William   }Court of Newfoundland
Eales late of St. John's }
Farmer deceased           }

The Petition
of Emma Cole Eales of St. John's in the Island of Newfoundland Spinster

Humbly Sheweth

That William Eales late of St. John's aforesaid Farmer died at that place on or about the 11^th day of May AD 1893 and that on the 5^th day of June AD 1894 Your Petitioner and Alexander J.W. McNeily, Queens Counsel, then Chief Clerk and Registrar of your Honorable Court were appointed joint administrators of the said Estate

That in the Course of such administration Your Petitioner and the said Alexander J.W. McNeily administrators aforesaid, Caused amongst other lands and property, the Farm land Dwelling House and premises Known as "Green Bank Farm" to be advertised for Sale by public auction

The said advertisement for the said Public auction was published in the "Evening Herald and "Evening Telegram" Newspapers of St. John's aforesaid and the said Auction was held on the 24^th day of April 1894

That at the said sale there were Several bidders for the said "Green Bank Farm" and finally your Petitioner was declared to be the highest bidder, and the said property was knocked down to her for the Sum of one thousand and Eighty Dollars

Since the said Sale and purchase by your Petitioner she has occupied and enjoyed the Said property as her own, without let or hindrance by anybody whomsoever.

Your Petitioner therefore prays that your Honorable Court will confirm the Said purchase by your Petition, and will make such order, or appoint Such person, as Your Honorable Court may deem fit, for the purpose of Conveying the Said land and premises to her.

And as in duty bound your Petitioner will ever pray

Dated at St. John's this 7^th day of September AD 1900

Emma Cole Eales

In the Supreme Court of Newfoundland

St. John's     }
to Wit.         } I Emma Cole Eales of St. John's aforesaid, Spinster, make oath and say as follows:

1. That I am the Petitioner named in the foregoing Petition
2. That the contents of the said Petition are to the best of my knowledge and belief correct and true

Sworn before me                    }                  Emma Cole Eales
at St. John's aforesaid             }
this 7^th day of       September }
A.D. 1900 ---                          }
Simon Butler
Commissioner affts. S.C.
-----------------------------
25 Cts Island Revenue Stamp affixed.

Put these papers with the
Original Administration
Papers for 1894

In the Supreme Court
of Newfoundland

         In the matter of         }
"The Trustees Act, 1898" }
and
In the matter of the         }
Estate of William Eales }
late of St. John's Farmer }
         deceased --------- }

Petition of Emma Cole Eales
Administratix for Confirmation
of a Sale of land to her
---------------
Filed Sept 26, 1900
---------------

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

Be it Remembered, That on this 15^th day of August in the 57^th Year of the Reign of Our Sovereign Lady VICTORIA, by the Grace of GOD, of the United Kingdom of Great Britian and Ireland, QUEEN, Defender of the Faith, &c., and in the Year of Our Lord One Thousand Eight Hundred and Ninety-three personally appeared Emma Cole Eales of St. John's Spinster, Alexander Taylor of same place Gentleman and The Hon. Moses Monroe of same place, Merchant 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 Eleven 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 Emma Cole Eales --------- as Administratrix as joint Administrator with Alexander J.W. McNeily Chief Clerk & Registrar of the Supreme Court of the Estate and Effects of Wiliam Eales late of St. John's, Farmer -------------- 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 Emma Cole Eales as such Administratrix or the hands or possession of any other person or persons, for her and the same so made do exhibit, or cause to be exhibited, into the Supreme Court of Newfoundland at or before the 15^th 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 to the hands or possession of her the said Administratrix 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 15^th day of August which will be in the year of Our Lord One Thousand Eight Hundred and Ninety-four 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 Adminis-tration 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 }         Emma Cole Eales
In the presence of             }         Alexander Taylor

Geo. J. Adams
--------------------
Commissioner of Affidavits of the
Supreme Court of Newfoundland.         him????ol (?)

AFFIDAVIT.
--------------------

In the Supreme Court of Newfoundland.
------------------------

NEWFOUNDLAND, } We Emma Cole Eales of St. John's
St. John's To Wit:        } Spinster and Alexander J.W. McNeily of St. Johns Chief Clerk & Registrar do swear that we believe that William Eales late of St. John's aforesaid, Farmer -------------------

deceased died without a Will; and that we 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 we will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of our Administration into the Registry of the said Court, within Six months after the date hereof, or when we shall be thereunto lawfully required; and that the whole of the goods, rights, chattels, assets, credits and effects of the said deceased, of which he died possessed, within the jurisdiction of this Court, do not, according to the best of our knowledge judgment and belief, amount to the value of Five Thousand five hundred Dollars.
So help me GOD.

Sworn before me, at St. John's }         Alex J.W. McNeily
This First day of                        }                  -----------
May, A.D., 1894                        }by the said Emma Cole Eales
Alexander J.W. McNeily

Geo. J. Adams
Commissioner of Affidavits,
Supreme Court
------------------------
Sworn before me at St. John's
This twenty fifth day of June
A.D. 1894 by the said Emma
Cole Eales
Alex. J.W. McNeily
         -----------
Comm of C
--------------

1894
Estate of William Eales
late of St. John's
in the Central
-------------- District
Farmer deceased.
-----------

Admin. Granted to Emma Cole Eales
and Alex J.W. McNeily CC&Reg
of St. John's
in the
Central District.
------------

Dated
5^th June 1894
------------

Sureties. Moses Monroe
Alexander Taylor
Estate sworn under $5,500.00

In the Supreme Court of Newfoundland

In the matter of the Estate of         }
William Eales late of St. John's    }
Farmer deceased                            }

We the undersigned hereby say Consent for our Sister Emma Cole Eales to be appointed administratrix to the Estate of our late brother William Eales

Dated at St. John's this         day of June 1893

Mrs Elizabeth Scott
Mrs Ann Mearns
St Eales, Mrs Jessie Ayre
Witness John Lester
Alexander Taylor

To
The Honorable The Supreme Court of Newfoundland

The Petition of Emma Cole Eales of St. John's in the Island of Newfoundland Spinster

Humbly Sheweth

That Your Petitioners Brother William Eales late of St. John's Farmer died at that place on or about the Eleventh day of May last past

That the said William Eales left him Surviving as next of kin four sisters and two brothers all of whom are of the full age of Twenty one years

That at the time of his death the said William Eales was possessed of money property and effects within the Jurisdiction of Your Honorable Court of the probable value of Five thousand Dollars

That at the time of his death the said William Eales was indebted to Your Petitioner in the Sum of upwards of Two thousand four Hundred Dollars

That Said deceased left no will

Your Petitioner therefore prays that Letters of administration to the Said Estate may be granted to her

And as in duty bound she will ever pray

Dated at St. John's this 6^th day of June 1893

Emma Cole Eales

Supreme Court
Newfoundland

St. John's }
To wit      } I Emma Cole Eales of St. John's Aforesaid the Petitioner named in the foregoing Petition make oath and say that the Contents of the Said Petition are to the best of my knowledge and belief correct and true

Sworn before me         }
at St. John's aforesaid  }                  Emma Cole Eales
this Sixth day of June  }
A.D. 1893                    }
Geo. J. Adams
-------------------
Commissioner of Affidavits of the
Supreme Court of Newfoundland.

1893

Supreme Court
Newfoundland

      In the matter of the  }
Estate of William Eales }
late of St. John's Farmer }
       deceased ----         }

Petition for Lettrs of admin-
istration to be granted to
Emma Cole Eales
Let the parties be
called(?) to attend before
me in chambers on
Thursday next(?) 5 June
?????? at 11 of o'Clock
A.M.   Jos I. Little
J of C.

J.A. Clift - Solicitor for Petitioner

Notice

Three days after the date hereof application will be made to The Honorable The Supreme Court of Newfoundland for Letters of Administration to the Estate of William Eales late of St. John's Farmer deceased to be granted to Emma Cole Eales sister of said deceased

Dated at St. John's this 30^th day of May 1893
GJA
A.C.of C.
J.A.Clift
Solicitor for Petitioner

Affixed stamp - Registrar's ??? Newfoundland dated 30 MAY 1893.

(Following written sideways of above page and some parts written over original notice:)
Let nothing be done herein without notice to J.P. Gibbs
Solicitor for
Wm Eales brother
of Pet(?).

In the Supreme Court
of Newfoundland

In the matter of the Estate of       }
William Eales late of St. John's  }
Farmer deceased                           }

         Upon hearing Mr. Clift Solicitor for Emma Cole Eales the Petitioner for Letters of administration to the above Estate and upon hearing Mr. Morrison Solicitor for John Eales on of the next of kin - it is ordered that Letters of administration to the said Estate be granted to said Emma Cole Eales and A.J.W. McNeily Esquire Q.C. Clerk of the Supreme Court -

Dated at St. John's this 29^th day of July 1893
By order of the Court
Jos P Carty
Asst. Clerk
------------------