Ann Barter
          1900

Estate of Ann Barter 1900
From LDS Microfilm #2057448

Certificate

I do hereby certify that the notice on the other side hereof written was duly posted on the day of the date hereof and has remained in the Office of the Chief Clerk & Registrar of the Supreme Court until this date and that no Caveat or other objection has been entered thereto.
          St. Johns May 3/00
Geo. J. Adams
A.C.S.C

Notice

Three days from the date hereof application will be made to the Honorable Court or one of the Honorable the Judges thereof for Letters of Administration to the Estate and Effects which were of the late Ann Barter late of S. Johns Widow deceased to be granted to Jonas Barter son of said deceased.
          Dated at S. Johns this 24^th day of April AD 1900
F. J. Morris
Solicitor for Jonas Barter

To the Honourable the Supreme Court
or one of the Honourable the Judges thereof.

The Petition of Jonas Barter of St. Johns Draper,

Humbly Sheweth as follows:-

1. That your petitioner's late mother, the late Anne Barter late of St. Johns widow deceased died at St. Johns on the 26^th day of March A.D. 1890.
2. That previous to her death the said Anne Barter made and executed her last will and testament, and appointed your Petitioner Executor thereof.
3. That the said will was never proven nor Probate granted thereto the said will having been destroyed in the fire of July 9^th 1897.
4. That the said deceased left her surviving seven children all over the age of twenty one.
5. That all the children who were legatees under the will of the said deceased have all had possession of their several Bequests set forth in said destroyed will since the death of said Anne Barter
6. That hereto annexed is the written consent of four of the said children to your Petitioner being appointed administrator of the Estate of the said deceased.
7. That at the time of her death the said deceased was possessed of property within the jurisdiction of this Honourable Court of the probable value of four hundred dollars.
8. That neither Probate to any last will nor Letters

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of Administration to the Estate of said deceased has yet been granted to any person.
          Your Petitioner would therefore pray your Honourable Court to grant him Administration to the Estate of said deceased and as in duty bound he will ever pray.
          Dated at St. Johns on this 3^rd day of May A.D. 1900.

Jonas Barter

Newfoundland
St. Johns S.S.
I Jonas Barter the Petitioner named in the foregoing Petition make oath and say that the several matters and things therein set forth are just correct and true to the best of my knowledge and belief.

Sworn to before me at                                        James Barter
St. Johns this 3^rd day of
May A.D. 1900.

Geo. J. Adams
Comm'rAffdts
Supreme Court

In the Supreme Court
Newfoundland

In the matter of the Estate
of late Ann Barter late of
St. Johns Widow of the
late John Barter deceased

          We the undersigned Children and next of Kin of the late Ann Barter late of St. Johns Widow deceased do hereby consent and agree to our brother Jonas Barter obtaining Letters of Administration to the Estate and Effects which were of our late mother.
          Dated this 24^th day of April AD 1900.

Witness
Selina Barter                Ann Barter
                                        Selina Barter
                                        William Barter
                                        Mary Ann Bradshaw

Newfoundland
St. Johns SS          I Selina Barter of St. Johns, Spinster, make oath and say that I was present and did see the above parties sign the above consent

Sworn to before me                                        Selina Barter
at S. Johns aforesaid
this 3^rd day of May AD 1900
D. M. Browning
Commissioner of Affidavits S.C.

1900

In the Supreme Court
Newfoundland

In the matter
of the Petition of Jonas Barter
of S. Johns Draper praying for
Administration to the Estate of
late Ann Barter deceased.

Fiat for Adm'n

J. J. Little
C.J.

AFFIDAVIT
----------

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

NEWFOUNDLAND
St. Johns To Wit          I Jonas Barter of St. Johns Draper do swear that I believe that Anne Barter late of S. Johns aforesaid, Widow, deceased, died without a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay her debts, so far as her 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 into the Registry of the said Court, within six months from 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 she 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 Four hundred dollars.

So help me God

Sworn, at St. John's, aforesaid                              Jonas Barter
this 3^rd day of May A.D. 1900

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

1900

Estate of Anne Barter
late of St. Johns
in the Central District
Widow deceased

Letters of Administration granted to
Jonas Barter
S. Johns, Draper

Dated May 3/1900

Sureties
Michl P. Cashin
Richard Boggan

Estate sworn under $400.00

In the estate of Ann Barter late of S. Johns Widow deceased.
We Michael P. Cashin of Cape Broyle in the Southern District of Newfoundland Merchant and Richard Boggan of S. Johns in the Central District of Newfoundland Cooper severally make oath and say that we are the proposed sureties on behalf of the intended Administrator of the property of Anne Barter deceased in the within Bond named, for the faithful administration of the said property of the said deceased and I the said Michael P. Cashin of Cape Broyle in the Southern District Merchant make oath and say that I reside at Cape Broyle and am worth property to the amount of Eight hundred dollars (over and above all encumbrances and over and above what will pay my just debts and every other sum for which I am now bail or for which I am liable as surety or endorser or otherwise.
And I the said Richard Boggan for myself make oath and say that I reside at S. Johns and am worth property to the amount of Eight hundred dollars over and above all encumbrances and over and above what will pay my just debts and every other sum for which I am now bail or for which I am liable as surety or endorser or otherwise.
The above named Michael P. Cashin
and Richard Boggan have                              Michael P. Cashin
severally sworn before me at
S. Johns this third day of May                          Rich'd Boggan
A.D. 1900.

Geo. J. Adams
Comm'r Affdts S.C.

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

Be it Remembered That on this 3^rd day of May in the 63^rd 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 Nine Hundred

Personally appeared Jonas Barter of St. Johns, Draper, Michael P. Cashin at present of S. Johns, Merchant and Richard Boggan of S. Johns, Cooper, 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 Eight hundred dollars to be had, made and levied on his 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 Jonas Barter as Administrator of the Estate and Effects of Anne Barter late of S. Johns aforesaid, Widow, 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 Jonas Barter 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, in the Supreme Court of Newfoundland, at or before the 3^rd day of November 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 her death, or which at any time afterwards shall come into the hands or possession of him the said Jonas Barter 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 3^rd day of May which will be in the Year of Our Lord One Thousand nine hundred and one 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 due course of Administration, or in such a 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.

Jonas Barter

Signed and sealed                                        Michael P. Cashin
in the presence of
Richard Boggan
Geo. J. Adams
Comm'r Affdts, S.C.

Newfoundland
St. Johns
To Wit

          I, John G. Higgins, of St. Johns aforesaid, make oath and say as follows:

1. I am a member of the firm of Winter & Higgins, Solicitors for Susan FitzHenry, Administratrix of the Estate of James FitzHenry deceased.
2. By Indenture dated the 5^th day of May A.D. 1900 and made between Jonas Barter of St. Johns Draper, Administrator of the estate of the late Ann Barter deceased and Celina Barter daughter of the said Ann Barter deceased of the first part and the above named James FitzHenry of St. Johns Cooper of the second part certain hereditaments on Pope Street were assigned to the said James FitzHenry. Attached hereto marked "A" is a copy of the said Indenture.
3. By Petition dated the 3^rd of May A.D. 1900 above named Jonas Barter made application to the Honourable Supreme Court for Letters of Administration to the estate of the said Ann Barter deceased. All papers necessary for such application were executed and filed in the Supreme Court and fiat for such administration was granted by His Lordship, the Chief Justice Joseph I. Little presumably on the 3^rd day of May A.D. 1900.
4. Letters of Administration were made out and the Seal of the Supreme Court attached thereto but no stamps were affixed thereto and they were not signed.
5. To perfect the title to the above mentioned hereditaments it is necessary that Letters of Administration should be issued as from the 3^rd day of May A.D. 1900.

Sworn at St. Johns aforesaid                              J. G. Higgins
this 28^th day of July A.D. 1930
before me
Robert Alsop
Clerk

"A"

This indenture made at St. Johns in the Island of Newfoundland this 5^th day of May A.D. 1900 between Jonas Barter of St. Johns draper administrator of the estate of the late Ann Barter deceased of the first part and James FitzHenry of St. Johns aforesaid cooper of the second part Whereas the said Jonas Barter was on the 3^rd day of May instant appointed by the Honourable Supreme Court administrator of the estate of the said late Ann Barter and whereas the said Celina Barter is and has been possessed of certain land and premises situate on Pope Street off Barter's Hill given her by her late mother the said late Ann Barter during her life time and whereas the said James FitzHenry has agreed with the said Celina Barter to purchase the said land and premises for the sum of one hundred and sixty dollars now therefore this indenture witnesseth that for and in consideration of the sum of one hundred and sixty dollars well and truly paid by the said James FitzHenry on or before the execution of these presents the receipt whereof is hereby acknowledged he the said Jonas Barter as administrator aforesaid and the said Celina Barter as beneficial owner have bargained sold assigned transferred and set over and by these presents do bargain sell assign transfer and set over unto the said James FitzHenry his executors administrators and assigns all that piece or parcel of land with the erections thereon situate on Pope Street off Barter's Hill in St. Johns aforesaid and bounded as follows on the South by Pope Street aforesaid and measuring along the same eighteen feet ten inches more or less on the East by a public lane or road and extending along the same twenty three feet more or less on the North by a public lane and measuring thereby eighteen feet ten inches and on the West by land of one Hannah Carnell and measuring thereby twenty three feet more or less together with all ways paths passages easements appurtenances and privileges thereunto belonging or in anywise appertaining to have and to hold the said land and premises unto the said James FitzHenry his executors

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administrators and assigns for ever and the said parties of the first part hereby covenant to and with the said party of the second part that they now have in themselves good right full power and authority to sell assign and convey the said land and premises unto the said party of the second part as the same is hereby sold assigned and conveyed or intended so to be and that the same is wholly unencumbered and further at the request cost and charge of the said James FitzHenry his executors or administrators the said Jonas Barter and Celina Barter shall make do and execute all such further or other acts deeds matters and things as may be necessary or requisite for more absolutely assuring to his the said pieces of land and premises or any part or parcel thereof. In witness whereof the said parties have hereunto their hands and seals subscribed and set the day and year first before written.

Signed sealed and delivered               (Sgd) Jonas Barter L.S.
                                                                       Administrator
in presence of :-                                            Selina Barter L.S.

(Sgd) F. J. Morris

Newfoundland :
St. Johns to wit :
I, Francis J. Morris of St. Johns aforesaid Solicitor make oath and say that I was present and did see Jonas Barter and Selina Barter the granters named in the foregoing deed duly sign seal and execute the same.
Sworn before me this 9^th day
of May A.D. 1900                                (Sgd) Francis J. Morris

(Sgd) Geo. J. Adams
Commissioner of Affidavits

In the matter of the Estate of
Ann Barter, late of St. Johns
Deceased

ORDER

Upon reading the affidavit of John G. Higgins dated the 28^th day of July A.D. 1930 I do order that Letters of Administration to the estate of Ann Barter late of St. Johns widow deceased be issued out of the Supreme court of Newfoundland pursuant to the order of Joseph J. Little Chief Justice to Jonas Barter of St. Johns Draper, who applied for Letters of Administration by Petition dated the 3^rd day of May A.D. 1900 as from the 3^rd day of May A.D. 1900, upon payment in Stamps? of the fees thereon.
Dated the 29^th day of July A.D. 1930

W.? Kent
Judge

In the Supreme Court

In the matter of the Estate
of Ann Barter, late of St.
Johns, Widow, Deceased

O R D E R

Filed July 29/30