Moses Nicholas
          1894

Estate of Moses Nicholas 1894
From LDS Microfilm #2057392

AFFIDAVIT
-------------------------

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

NEWFOUNDLAND, } I Thomas Henry Nicholas of
St. John's to Wit:         } St John's in the Central District Carpenter ------------------- ------- do swear that I believe that Moses Nicholas late of St John's aforesaid, Shipwright --------------------------------------------------------------------------------------------------------------------- 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 in to the Registry of the said Court, within Six months after 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, of which he died possessed, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of One thousand --------------------------------- Dollars.

So help me GOD.

Sworn before me, at St. John's }                 Thomas H. Nicholas
This 25^th day of                        }
G.I.A./ February A.D., 1894    }
April

Geo. I. Adams
Commissioner of Affidavits,
Supreme Court.

1894

Estate of Moses Nicholas
late of S^t John's
in the
Central District
Shipwright deceased.
-------

Admin.^cta. granted to
Thomas Henry Nicholas
of S^t John's
in the
Central District
Carpenter
-------

Dated
25^th April 1894
-------

Sureties. Edward Nicholas
William Stone

Estate sworn under $1000⁰⁰

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

NEWFOUNDLAND,  }
Saint John's    To WIT: }
I Reuben Giles of Saint John's in the Central District StoreKeeper ------------------------------ make oath and say that on the 4^th day of June A.D., One Thousand Eight Hundred and Ninety - Eighty -Seven at Saint John's I was present and did see Moses Nicholas ----------- late of Saint John's shipwright ---------------- the Testator named in the paper writing hereunto annexed, marked A, duly sign, (by making his mark) publish and declare the said annexed paper writing, as and for his last Will and Testament^{JPC and one codicil} thereto ^JPC in my presence and in the presence of Thomas Munro the other subscribing witness thereto. That I and said Thomas Munro ------------------------------------------------ then and there signed our names to such Will^{JPC and codicil} as such witnesses, in the presence of the said Testator and of each other. That previously to the said Will^{JPC and codicil} being so signed, as aforesaid, by the said Testator in the presence of me and the said ------------------ Thomas Munro --------------------------------------- and that at the time of the said execution of the said Will ^{JPC and codicil} the said Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.

Sworn before me, at S^t John's }
this 28^th day of                        }
December A.D., 1893             }                    Reuben Giles
Jos. P Carty
Commissioners of Affidavits,
Supreme Court.

(Note: Initials JPC in right margin at crossed out word and each instance of ^{and codicil}.)

In the Supreme Court
of Newfoundland

In the matter of the Will          }
of Moses Nichols late of         }
St. Johns but formerly of         }
Harbor grace Shipwright          }
deceased                                    }
--------------

Petition of Thomas Henry Nichols
for Letters of administration c.t.a.
--------------

Fiat
Feby 2/94
J.I. Winter
J.

(Following found to the right of above:}
3.75
  .50
1.50
1.00
  .75
        1.00 copy
        1.00 Reg
   10.00      

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

Be it Remembered, that on this 27^th day of January in the Fifty Seventh 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-four personally appeared Thomas Henry Nicholas of Saint John's Carpenter, Edward Nicholas also of St. John's Carpenter and William Storm (?) also of S^t John's Carpenter ----------------------------------------- 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 Henry Nicholas as Administrator of the Estate and Effects of Moses Nicholas late of Saint John's but formerly of Hr Grace Carpenter ------------------------- 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 Henry Nicholas 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 27^th day of July 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 him the said Thomas Henry Nicholas 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 27^th day of January which will be in the year of Our Lord One Thousand Eight Hundred and Ninety-five 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 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  }                    Thomas H Nichols
In the presence of              }
                                                                  Edward Nichols
Jos P Carty                                             William Storm(?)
Commissioner of Affidavits of the
Supreme Court of Newfoundland.

Certificate

I hereby certify that the notice on the other side hereof 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. John's this 30^th day of January AD 1894

Note: Registrar's Stamp                    Jos P Carty
Affixed dated 30 Jan 1894                A.C. of C.
                                                            ------------------------

(Note: Registrar's Stamp affixed dated 27 Jan 1894)

Notice

Three days after the date hereof application will be made to one of The Honorable The Judges of the Supreme Court of Newfoundland for Letters of administration cum testamento annexo to the Estate of Moses Nicholas formerly of Harbor Grace but late of St. John's Shipwright deceased to be granted to Thomas Henry Nicholas of St. Johns Carpenter
________ dated at St. John's this 27^th day of January AD 1894
J.P.C.                              Joseph ?? Chafe
------------                         Solicitor for Petitioner

(Note: Registrar's Stamp affixed, date 27 Jan 1894 - backwards and upside down.)

To The Honorable Sir Frederick B.J.
Carter K.C.M.G. Chief Justice          
of the Supreme Court of Newfound
land or to one of the Honorable          
the Judges thereof          

The Petition of Thomas Henry Nicholas of St. John's Carpenter

Humbly Sheweth

That your Petitioners Father Moses Nicholas late of St John's in the Island of Newfound-land - but formerly of Harbor Grace in the Island aforesaid died at St. Johns aforesaid on or about the 9^th day of February AD. 1893

          The Said deceased Moses Nicholas left him surviving two sons namely your Petitioner and Moses Nicholas and three daughters namely Rachel (unmarried)^{(wife of Edward Nicholas} Emma wife of George Reid and Agar wife of Harold Hodder

          At the time of his death the deceased was possessed of property and effects within the Jurisdiction of Your Honorable Court of the probable value of one thousand dollars.

          That the Paper Writing hereto Annexed Marked .A. is the last will and testament of the said deceased and that the said will has been proven in due form of law by the affidavit of Reuben Giles of St. Johns one of the Subscribing witnesses thereto.

(Note: Initials J.P.C written twice in left margin opposite the crossed out word and the inserted section.)

Page 2 of the petition.

That neither Probate or Letters of administration have as yet been granted to the Said Estate

          Your Petitioner therefore prays that Letter of administration cum testamento annexo to the Said Estate may be granted to him

          And as in duty bound he will ever pray

Dated at St. John's this 27^th day of January AD 1894

Thomas H. Nichols

In the Supreme Court
of newfoundland

St. John's }
to wit:      }          I Thomas Henry Nicholas of St. Johns aforesaid make oath and say as follows.

1. That I am the Petitioner named in the within written Petition
2. The Contnets of the said Petition are to the best of my knowledge and belief correct and true

Sworn before me               }
at St. John's aforesaid        }                    Thomas H Nichols
This 27^th day of January   }                                        Nichols
A.D. 1894                          }

Jos P Carty
Commissioner of Affidavits of the
Supreme Court of Newfoundland

In the Supreme Court
of newfoundland

In the matter of the Estate    }
of Moses Nicholas late of   }
St. Johns (formerly of          }
Harbor Grace) deceased   }

Petition for Letters of administration
Cum testament annexo to be
Granted to Thomas Henry Nicholas

J.A. Clift - Solicitor for Petitioner

To All Whom it may Concern
A  J.P.C. I, Moses Nicholas, of the town of Harbor Grace, in the Island of Newfoundland but at this present writing, living with my Son Thomas Henry Nicholas, in James Street Georgetown, in the town of Saint Johns in the Said Island of Newfoundland do hereby deed give and bequeath to the afore Said Thomas Henry Nicholas my Son, to him his Heirs, Successors, assignes or Execu-tors, to have and to hold for all time to come All that piece or parcel of land, with all the dwelling houses, or out houses, or any other buildings or - erections whatever, Said piece or parcel of land, with all and every dwellings or erections thereon, Situate in or on Water Street West in the Said town of Harbor Grace in the Said Island of Newfoundland and bounded as follows.

1^st On the South by Water Street, on the west by land belonging William Nicholas on the north by Nicholas' Lane east by land belonging to Thomas Nicholas of Charles and Nathaniel Nicholas.

2^nd On the north by Stanley Road or Street Intersected by Harvey Street, on the east by land & House belonging to Jabez Knight South by Road leading to JoSiah Downing on the west by land belonging to Nathaniel Nicholas Senr.

3^rd (on the Stanely Road) bounded by the Said Stanely Road on the South in the west by land belonging to Thomas Nicholas Senr on the North by Rocky Hill, east by land belonging to John Cole
The Whole and entire of Said land or sections of land together with all houses or erections thereon being my legal and lawfull property, free of all debt dues and demands, whatsoever
I now freely, fully and of my own accord give, deed and bequeath to the Said Thomas Henry Nicholas my Son, his Heirs Successors assignes or excutors to have and to hold from this date for all time to Come
          In Witness whereof I now affix my name and Seal, before those present Witnesses, this fourth day of June in the year of our Lord (A.D.) one thousand eight hundred and eighty Seven

Witness
Thomas Munro
Reuben Giles

Saint Johns          }
June 4^th 1887     }
-------

Deed
Of
Gift
June 4/87
-----------

M.N. to T.H.N.
-----------------

Item, at Same time I bequeath to Rachel my daughter, the Marsh Meadow (So Called) bounded on the North by Moses Nicholas on the east, by lane leading to Harvey Street on the South by Uriah & Sons^Ambrose Downey land on the West by land belonging to Mansel Allcock.
Also I bequeath to my Grandson William Henry Nicholas that parcel of land Situate on the South Side of Harbor Grace bounded on the West by Daniel Shagine(?) land and on the east by - Wiseman's land and on the north by the land wash and on the South by Shaginers(?) land.

          Signed and Sealed this fourth day of June in the year of our Lord one thousand - eight hundred and eighty Seven, in the presence of

Thom Munro
Reuben Giles

Saint Johns
June 4/87