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A Collection of Newfoundland Wills
(M)
THOMAS MARTIN

 

 

In the Supreme Court of
Newfoundland on
Southern Circuit.

To the Honourable the
Presiding Judge Mr. Justice
Emerson

The Petition of Edward Martin
of Bonne Bay Fisherman
Humbly Sheweth:-

1st. That Thomas Martin late
of Bonne Bay Fisherman deceased
died here about nine years ago
intestate.

2nd. That deceased left
him surviving his widow, since deceased; two sons ;-
William since deceased leaving
a widow and two children and
Edward now living and one
daughter :- Mary wife of Michael
Murphy.

3 That the property of the deceased
Estate within the jurisdiction
of this Honourable Court is of
the probable value of
$500.00

4 That no administration
to the deceased Estate or
probate to any will of
said deceased has been
taken out or granted to
any person.
And as in duty bound
Your Petitioner will
Ever pray etc.

Dated at Bonne
Bay this 6th day
Of September A.D. 1898

     Edward Martin LS

 

Newfoundland
St. John's
Bonne Bay S.S.

I Edward Martin the
Petitioner named in
the foregoing petition
make oath and say
that the several matters and
things herein contained and
set forth are to the best of
my knowledge in every
particular correct and true.

     Edward Martin LS

Sworn at Bonne
Bay this 6
day of September
A.D. 1898
Before me
W J Carroll
Commissioner

 

Bonne Bay
In the Supreme Court
of Newfoundland

In the matter of
the Estate and
effects of Thomas
Martin
deceased

Petition of Edward
Martin
son of
deceased
Admin granted as prayed for
with usual security
By the Court
W. J. Carroll
Sept 6/98           Clerk
Bonne Bay
Sept 6th 1898
See over

Supreme Court
Between
Mary Ann Martin      Ptf
And
Edward Martin and
Mary Ann Martin           dfts.
No following Order was made November 3rd 1899

Per Curiaw      The defendant Edward Martin having failed to complete Letters of Administration in accordance with Mu? Order made by the Supreme Court on Circuit at Bonne Bay on September 6, 1898 let the said Order be rescinded and let Mr. William J. Carroll one of the Clerks of this Court be appointed administrator.

 

Application will be made to the Honourable Supreme Court on Circuit today for Letters of Administration of the Estate of Thomas  William Martin late of Bonne Bay Fisherman Deceased to be granted to Mary Ann Martin his widow or to such other person as for the said Court shall seem proper.
Bonne Bay      Sept. 6 1898
W.C      ?? R. Hayward
CCC      Solicitor for Mary Ann Martin

 

In the Supreme Court

In the matter of the Estate of Thomas Martin late of Bonne Bay Fisherman deceased.

Between
Mary Ann Martin      Plaintiff

and

Edward Martin and Mary Martin      Defendants

 

Take notice that the Court will be moved on Wednesday the first day of November next at eleven o'clock in the forenoon or so soon thereafter as Counsel can be heard by Mr. Emerson of Counsel for the Plaintiff that the decree made herein on the sixth day of September 1898 by the Honourable the Supreme Court at Bonne Bay granting Letters of Administration to the above Estate to Edward Martin one of the above named Defendants be annulled and that Letters of Administration to the above Estate be granted to such other person as the Court may direct and such further order herein regarding costs and otherwise be made as the Court thinks just.

          Dated this 24th day of October 1899
Charles H. Emerson LS
Solicitor for the Plaintiff

To

Alec Berteau

          Solicitor for Defendants

      In the Supreme Court

In the matter of the Estate of Thomas Martin late of Bonne Bay Fisherman deceased.

Between

Mary Ann Martin      Plaintiff

and

Edward Martin and Mary Martin      Defendants

 

Newfoundland

Saint John's S.S.

     I Charles H. Emerson of Saint John's aforesaid Solicitor make oath and say as follows;

  1. I am Solicitor for the above named Plaintiff.

  2. That on the sixth day of September 1898 an Order for Letters of Administration to the above Estate was granted at Bonne Bay by the Honourable the Supreme Court to Edward Martin on of the above Defendants.

  3. That since the granting of the said Order the said Edward Martin has neglected to complete the Administration papers.

  4. That I am informed and instructed that the said Defendant has not distributed the above Estate or any portion thereof amongst the parties entitled thereto.

Sworn before me at Saint John's aforesaid this 23rd day of           Charles H Emerson LS

October 1899

W J Carroll LS
Commissioner of Affidavits

 

     In the Supreme Court

In the matter of the Estate of Thomas Martin late of Bonne Bay Fisherman deceased.

Between

Mary Ann Martin           Plaintiff

and

Edward Martin and Mary Martin      Defendants

 

Upon reading the affidavit of Charles H. Emerson filed therein on the twenty third day of October last past and upon hearing him of Counsel for the above named Plaintiff and Mr. Berteau of Counsel for Edward Martin one of the above named Defendants; it is ordered that the Order made by the Supreme Court on Circuit at Bonne Bay on the sixth day of September 1898 for Letters of Administration to the above Estate to be granted to Edward Martin one of the above named Defendants be rescinded and that William J. Carroll one of the Assistant Clerks of this Court be appointed Administrator of the above Estate to distribute the same amongst the parties entitled thereto according to Law.

Dated at Saint John's this third day of November 1899.

By the Court

Geo. J. ????? ??CC Regt.

 

Supreme Court of Newfoundland
Be it Remembered, That on this 9th day of November in the 63rd 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 nine

Personally appeared, William J Carroll of St. John's
an Assistant Clerk of Supreme Court Mark Chaplin
of St. John's Merchant Tailor and Robert Smith of
same place accountant
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 One 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 William J Carroll as Administrator of the Estate and Effects of Thomas Martin late of Bonne Bay in the Southern District Fisherman 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 William J. Carroll 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 9th day of May next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all the other Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of him the said William J. Carroll 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 9th day of November which will be in the year of our Lord One Thousand nine Hundred and------------------ 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 accounts, 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.           W J Carroll LS

Signed and Sealed in the                 Mark Chaplin LS
presence of                                    Robert G? Smith LS

Geo J.
Comm of SC

 

AFFIDAVIT
In the Supreme Court of Newfoundland

NEWFOUNDLAND           I William J Carroll of St. John's
To Wit:      St. John's aforesaid and Assistant Clerk of the Supreme Court do swear that I believe that Thomas Martin late of Bonne Bay in the Southern District Fisherman deceased died without a Will; and that I will well and truly administer all and every the Goods of the said deceased, and will pay his Debts so far as his Goods will extend and the law shall bind me; 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 into 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 Five hundred and fifty dollars.

So help me God

Sworn at St. John's aforesaid
this 9th/ninth day of November           W J Carroll LS
A.D. 1899
Before me,

          Geo J ????
Commissioner of Affidavits, Supreme Court


Notes: At this stage I am NOT sure of the provenance or parents of Thomas Martin and wife Mary Ann UNKNOWN.

However, this seems to be a good fit for the parents, and Thomas, from RC records in St. John's. For this information I have to say thank you to David Rose

Martin, William, ?, Co. Wexford, & Joanna Murphy, St. John's, m. 1 Dec 1818
Wit: Patrick Cormick & Margaret Ryan
Son: Thomas (14 Apr 1821) Sp: Pat Wickham & Mary Fardy

From death records information, it would appear that the family came from St. John's.

Thomas and Mary Ann had three children per this transcription: William, Edward and Mary

Thomas Martin died in July 1891 and his death suggests a DOB circa 1819. This fits well with the baptismal information above from David Rose.

Vital Records Register of Deaths Book 1, (1891-1892)
DISTRICT OF ST. BARBE LDS MICROFILM # 2168727 (page 43 & 66)
Page 43 1891 July 21
Bonne Bay General Debility
MARTIN Thomas
Roman Catholic
Fisherman 72 years
b. St. John's, N.F.L.D. buried Bonne Bay

ngb.chebucto.org/Vstats/death-reg-1891-1892-stb.shtml

Mary Ann wife of Thomas died in April 1898 and her death suggests a DOB circa 1822

Vital Records Register of Deaths
Book 2 1895 - 1898
DISTRICT OF ST. BARBE
Page 411-415; 457-460; 489-490
PAGE 356 1898 April 9
Bonne Bay
MARTIN Mary
Roman Catholic 76 years
born St John's    buried Bonne Bay

http://ngb.chebucto.org/Vstats/death-reg-1898-1901-stb.shtml

Son William died in February 1898

Vital Records Register of Deaths
Book 3 1898 - 1901
DISTRICT OF ST. BARBE
Page 356-363
PAGE 357 1898 February
lost at sea drowning
MARTIN William
born St John's   buried The Arches

http://ngb.chebucto.org/Vstats/death-reg-1898-1901-stb.shtml

Son William married Mariam Kennedy in 1877 in Curling, Newfoundland

Sacred Heart RC Marriages,
Curling, Nfld Dec 18 1877
Martin William Bonne Bay son of Thomas
Kennedy Mariam Labrador

ngb.chebucto.org/Parish/sacret-marr01.shtml

Daughter Mary married Michael Murphy in 1874 in Curling, Newfoundland

Sacred Heart RC Marriages,
Curling, Nfld     May 24 1874
Murphy Michael St. John's
Martin Mariam St. John's daughter of Thomas

http://ngb.chebucto.org/Parish/sacret-marr01.shtml

 

 

Page Contributed by Geoff Martin

Page Revised by Ivy F. Benoit ( Sunday November 25, 2012 )

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