George Whitten
          1894

Estate of George Whitten 1894
From LDS Microfilm #2057392.

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

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

NEWFOUNDLAND,   } I, Frederick Bursell of S John's
St John's To WIT:          } Undertaker -------------------------- do swear that I believe this to be the Last Will and Testament of George Whitten late of St John's, Fisherman, deceased, I do further swear that I will pay all the Debts and Legacies of the said deceased so far as his Goods shall extend, and the law shall bind me, and that I will exhibit a full, true 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 I shall be lawfully called thereto. And I do further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said George Whitten, deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Eight hundred and fifty Dollars.

So help me God.

Sworn before me, at St. John's  }
this 13^th day of                         }                    Frederick Bursell
April --- --- A.D., 1894             }

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

1894

Estate of George Whitten
late of St John's
Central District
Fisherman     deceased.
-------

Probate granted to Frederick Bursell
of St John's
Central District
Undertaker
the Executor ------------- named
in the Will.

Dated 18^th April 1892

Estate sworn under $850⁰⁰

------------------
Whitten Est
-------------------

A

Mr. Fred Bursell
Executor of Will of late George Whitten
          To Allen F. Y. Long
          Land Surveyor

1897
Oct          To          Professional Services
Survey & dividing(?) property belonging to the  }
above estate amongst the legatees with the          }
plans (in selling(?)) for deeds of partition            }
and registration                                                    }                    $127

St John's          }
Oct 21^st 1894  }          Received Judgment
A D                  }          Annie (?) Long
Dear Fred                    per Allen Long
The above is very much below my usual charge but as I am aware the estate cannot afford to pay full price I have made it as low as possible if unable to meet this sum please pay what you can when you have money belonging to the Estate in hand
Yours Truly
AFYL

B

Estate late Geo Whitten
Fred Bursell Executor
          To J.J. Pitman Solicitor

Stamp of J.J. Pitman Solicitor affixed.
1895          To Costs of          }
Probating Will                       }
Including Clerk's                   }
Fees                                       }                    $26.50
-----------------------
Received the Sum
of Twenty Six dollars
and fifty cents as
above
J.J. Pitman
$26.50                    Solicitor
---------                    -----------

C

IN THE SUPREME COURT OF NEWFOUNDLAND
---------------------------------------------

In the matter of the Estate
of George Whitten late of the
South side of Saint John's,
Fisherman deceased.

---------------------------- EXECUTORS ACCOUNT -------------------------
----------------------------------

1895
Nov.29

Page 2

D

(Following written sideways on sheet:)
Received the sum of thirty three dollars and sixty six cents being bal - of $68.66 due herein.
Sept 26/99
Alec Berteau
Pitman and Berteau.

-----------------------------------
1894
------------------------------------

In the Supreme
Court of Newfoundland

In the matter of
the Estate of George
Whitten late of the
South side of -------
Saint John's --------
Fisherman deceased
----------------------

Executors accounts
----------------------

File with
S Court papers

Filed
Oct. 30/99
WJC(?)

(The following found to the right of the above:)

In the Supreme Court of
Newfoundland

In the Matters of the Estate of
George Whitten late of the
South Side of St John's                              (Note: Postage stamp affixed and crossed out.)
Fisherman deceased

Newfoundland   }
St John's SS       }          I Frederick Bursell of St John's aforesaid Executor of the will of the late George Whitten deceased make oath and say as follows:---
1.- The foregoing accounts marked A. B. C. and D. respectively contain a true and correct account of the Estate of James Byrne ^{George Whitten}, late of South Side aforesaid Fisherman deceased as the same existed at the time of the death of this said George Whitten of receipts by me and dis-bursements made by me as Executor of the said Estate
Sworn at St. John's aforesaid  }
this 30^th day of October A.D. }
1899
Before me
WJ Carroll                              Frederick Bursell
Clerk S.S

------------ Certificate -------------
----------

I hereby certify that the notice on the other Side hereof written has been posted in my office from the day of the date thereof to this date and that no caveat or other ob-jection thereto has been filed or entered.
Dated at Saint John's this 13^th day of April A. D. 1894
Geo. I. Adams
------------- A.C.of.C.

______________ Notice _____________
-------------

After three days from the date ---- hereof application will be made to the Honourable the Supreme Court of New-foundland or to one of the Honourable the Judges thereof for Letters of Probate of the last Will and Testament of George Whitten late of Saint John's in the Central District Fisherman deceased to be granted to Frederick Bursell of Saint John's afore-Said Undertaker the Executor in Said --- Will named.
Dated at Saint John's this 27^th day of January A.D. 1894
J.P.C.                                                            J.J. Pitman
(Stamp of Registrar's office affixed              Solicitor for said Executor
Dated 27 Jan 1894.)

In the Supreme Court
of Newfoundland

In the matter of the                 }
Estate and will of                   }
George Whitten in the          }
Central District Fisherman     }
deceased                                 }
Newfoundland                        }
Saint John's S.S.                     } I, Alfred W. Simms of Saint John's aforesaid Accountant make oath and say:---

1. On the 8^th day of August A.D. 1892 I was present as a witness to the last Will and Testament of Said deceased George Whitten and duly Subscribed my name as Such. The   said will is hereto annexed marked A.
2. Before the Said Will was Signed by the Testator the following interlineations and erranous(?) were duly made and explained to the Testator, namely on the 7^th line of the 1^st page the word "named" was interlined on the 14^th line of Said first page the word^name "Frederick" was substituted for the name "Albert". On the 28^th line of the Second page the words "and land" were Stricken out. On the 33^rd line of the third page the words "hereby by thirty feet of" were interlined - and on the 18^th line of fourth page the word "may" was interlined.
3. That all Said interlineations are stricken(?) and
                       were
   
   
   Page 2
   
   
   were at the time they were so made as aforesaid duly initialed by me and the other Subscribing Witness to Said will in the presence of the Said Testator.

Sworn before me                    }
at Saint John's this                  }                    A.W. Simms
(G.I.A.)11^13th day of April   }
A.D. 1894                              }

Geo. I. Adams
---------------------
Commr of C.

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

NEWFOUNDLAND,  }
Saint John's To WIT:    }
I Alfred W. Simms ----------------- of Saint John's aforesaid Account ---- make oath and say that on the Eighth ---- day of August A.D., One Thousand Eight Hundred and Ninety-two --------- at Saint John's aforesaid ---- I was present and did see George Whitten ------ late of Saint John's aforesaid ------------------------------------- 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 in my presence, and in the presence of James J Pitman --- Solicitor -------------------------------------- the other subscribing witness - thereto. That I and said James J. Pitman ------------------------------------------------------------- then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other. That previously to the said Will being so signed, as aforesaid, by the said Testaor and the said witnesses, it was read over to, and approved of by, the said Testator in the presence of me and the said James J. Pitman --------------------------------------------------- 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 my knowledge and belief.
Sworn before me, at Saint John's   }
this 13^th day of                              }                    A.W. Simms
April   A.D., 1894                          }
Geo. I. Adams
Commissioners of Affidavits
--------------------
Supreme Court.

(Because of the explicit nature of the oath of Alfred W. Simms, I have transcribed the Will exactly as written as per line lengths, etc.)

"A"
----------------

This is the last Will and Testament of me
George
Whitten of Saint John's in the Island of
Newfoundland Fisherman.

          First. I will and direct that my Executor
JJP          hereinafter ^named shall first pay out of
AWS        my General Estate all my just debts and
Funeral and Testamentary expenses.

          Second. I give devise and bequeath to my
Grandchildren, George Whitten, John
Whitten, Albert Whitten and to my great
JJP    nephew Albert ^Frederick Bursell of Saint John's ----
A.W.S   Undertaker all and e Singular my water-
Side premises Situate on the South Side of
the Harbor of Saint John's and to the Northern(?)
of the main Street running around the Said
South Side, to her and to hold the Same in
Equal proportions as Tenants in common for
Ever; the Same being bounded as follows:
On the East by land of the late George Whitten,
on the West by land of William Whitten, on the
South by my house on the Road hereinafter
Specifically bequeathed by me, and on the
North by the waters of the Harbor of Saint Johns.

Third. I give devise and bequeath to George
Witten Senior, my nephew, the
dwelling House (before referred to) with the
land appendments thereto or therewith held
and said enjoyed to hold to him and his
assigns for ever. The Said Dwelling House
and land so bequeathed by me and Situate
on

Page 2

on the North Side of the main Street aforesaid.

Fourth - I give devise and bequeath to my
daughter in law Clara Whitten
and to my Grandchildren George Whitten, John
Whitten, Albert Whitten, Barbara Whitten,
Beatrice Whitten and Lillian Whitten the
Dwelling House and land appendments thereto
or therewith held used or enjoyed Situate on
the South Side of the Main Street aforesaid
bounded on the East by land of the late ----
William Whitten on the West by land of late
William Whitten and on the North by the Main
Street aforesaid to held the same to the said
Clara Whitten, George Whitten, John Whitten, Albert
Whitten, Barbara Whitten, Beatrice Whitten
and Lillian Whitten in equal proportions share
and share alike as Tenants in common for
ever. It being my will and I do direct that
in the case of Clara Whitten She shall have a
life interest only in and to Said Dwelling
House and premises, and that upon her decease
I her Share forever shall go to my Said ----
grandchildren or their heirs in equal propor-
tions. And I do further Will and direct that
a right of way of six feet in width shall
be taken off the eastern side of said Dwelling
House and land and there along the Harbour JJP
Side of said Dwelling House a right of way A.W.S.
also six feet in width for the convenience
of those owning the ground in rear

          Fifth:- I give devise and bequeath to my
great nephew Samuel Whitten all
that



Page 3

that piece or parcel of land together with
the Dwelling House and land described in
the Fourth paragraph of this my Will, to hold
to him and his heirs forever. It being expressly
understood and I do hereby direct that he
Shall have at all times the full use and enjoy-
ment of the right of way in the fourth paragraph
referred to.

          Sixth: I give devise and bequeath to my aforesaid
daughter in law Clara Whitten and to my Said
grandchildren George, John, Albert, Barbara, --
Beatrice and Lillian the house now occupied by
them and me Situate to the rear of land of the
late Wm Whitten, bounded on the East by the
land herein bequeath by me to Said Samuel
Whitten and on the South by land of Said William
Whitten deceased to hold to them and their heirs
in equal proportions share and share alike as ---
Tenants in Common for ever. In the case of
Said Clara Whitten it is my Will and I do
direct that she shall have a life interest only
in Said Dwelling House and premises and that
after her decease her said Share shall go to my
Said grandchildren George, John, Albert, Barbara,
Beatrice and Lillian in equal proportions as
Tenants in Common or to the survivors of them and
the heirs of any who may be then deceased.

Seventh. I give devise and bequeath to my
daughter Diana Soper ^{twenty by thirty feet of -----} that piece or
parcel of land situate to the rear of the
land


Page 4

land herein bequeathed to Samuel Whitten to
hold to her and her heirs absolutely for
ever remaining four feet to Said Samuel Whitten from the
rear of his house
Eighth - I will and direct that whatever
Land belonging to me on the South
Side and remaining undisposed of shall ---
be the property equally share and share alike
of my said daughter in law Clara and my
Grandchildren George, John, Albert, Barbara,
Beatrice and Lillian as tenants in common.
In the case of my said daughter in law Clara she
shall have a life interest only in Said land
and after her decease the same shall pass to
my said grandchildren or their heirs in equal
proportions as Tenants in common.

Ninth. Any moneys that^may be ??? in the    JJP
hands of my Executor after the payment      A.W.S
of my debts and Funeral and Testamentary expenses
Shall be divided equally between my said Daughter
Diana and my daughter in law Clara
Tenth. I hereby appoint my Said Grand nephew
Frederick Bursell to be the Sole executor of
this my Will
Signed published and declared by the                            }
said Testator this 8^th day of August A.D. 1892              }
to and for his last Will and Testament in                        }          George his X mark Whitten
the presence of us who in his presence and the presence}
of each other both present at the same time and at his    }
request have hereunto set our hands as Witnesses           }
the Said Will having first been read over and                 }
explained before being signed by the said Testator        }
J.J. Pitman
Solicitor
-------------------
A.W. Simms
Accountant

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

The Petition of Frederick Bursell of Saint John's in the Central District Undertaker

Humbly Sheweth: -

That George Whitten late of Saint John's aforesaid Fisherman deceased died at Saint John's aforesaid on the        day of February ---- A.D. 1894 having previously made and executed his last Will and Testament which is hereto annexed and of which he appointed your petitioner Sole executor.

That Said deceased at the time of his death was possessed of property ---- within the Jurisdiction of this ---- Honourable Court of the probable value of Eight hundred dollars.

That no probate of any Will nor adminis-tration to the estate of Said deceased has hitherto been granted to any person.

Your petitioner therefore prays that Letters of Probate to the Said last Will and Testament of Said deceased may be------------- granted to him
And in duty bound he will ever pray &c.
Dated at Saint John's this 17^th day of April 1894
J.J. Pitman     }                    Frederick Bursell
Solicitor           }
-----------------------

Newfoundland

Central District         }
Saint John's S.S.        }          I, Frederick Bursell of Saint John's afore-said 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 13^th                }                    Frederick Bursell
day of April A.D. 1894   }
Geo. I. Adams
-------------------
Commrof C.

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

In the matter of the
Estate and Will of
George Whitten late
of Saint John's ------
Fisherman deceased
--------------------------

Petition of
Frederick Bursell,
Executor, for Letters
of Probate
-------------------------

Fiat
J          } April 13/94
Pitman  } J.S. Winter J.

(Following found to the right of the above:)
  3.75
    .50
  1.50
  1.00
  2.75  Copy
  2.75  Reg
12.25