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Miscellaneous Deeds, Grants, Petitions & Wills
(B)
Thomas Batten

 

Thomas Batten
          1900

Estate of Thomas Batten 1900
From LDS Microfilm #2057448

 

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

In the Estate of Thomas Batten of Bareneed Fisherman deceased, I Robert Batten of Bareneed, in the Electoral District of Port de Grave Fisherman, make oath and say :
That I believe the paper writing hereto annexed and marked by me to contain the true and original last Will and Testament of Thomas Batten late of Bareneed, in the Electoral District of Port de Grave deceased:
That I am the Executor therein named, and that I will well and faithfully administer the estate and effects of the testator by paying his just debts and the legacies contained in his Will and Testament so far as the same shall thereto estend and the law bind me, and by distributing the (fold crease in paper makes the rest of this sentence impossible to decipher) and that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects, rights and credits of the testator and render a just and true account thereof whenever required by law so to do : that the testator died at Bareneed aforesaid in the month of September, one thousand nine hundred and that the gross value of the estate and effects, rights and credits, of the said testator is Four hundred and fifty dollars, and no more, according to the best of my knowledge, information and belief.

Sworn at Harbor Grace in the                              Robert Batten
Electoral District of Harbor Grace
this 4th day of December A.D. 1900
before me

W. J. Lynch,
                    Commissioner S.C.

 

 

1900

In the Supreme Court

In re:
Thomas Batten
deceased

Oath of Executor

Probate granted on the 13th day of
December 1900 to
Robert Batten one of the Execs
named in the Will (the other Exec, being
dead.)

Value of Estate $450.00

 

 

Notice

Three days after the date hereof appli-cation will be made to the Hon. the Supreme Court or one of their Lordships the Judges thereof for Probate to the Will of Thomas Batten late of Bareneed in the District of Port de Grave Fisherman deceased to be granted to Robert Batten of same place Fisherman the Executor named in said Will
          Dated at Hr Grace this 13th day of November A.D. 1900

M. O. Kearne?
Solicitor for Exec
Fox?
Clerk

 

 

I hereby certify that the notice on the other side hereof written was posted on the day of the date thereof and that no caveat or other objection has been entered thereto
          St. Johns Nov 19 1900

Geo. J. Adams
Clerk

 

 

In the Supreme Court
of Newfoundland

Harbor Grace
To Wit          I John Boone of Bareneed Fisherman make oath and say that on the 20th day of April AD 1897 at Bareneed aforesaid I was present and did see Thomas Batten the Testator mentioned in the paper writing hereunto annexed marked "B" duly sign the same by affixing his mark thereto, execute and as his act indeed deliver the same in my presence and in the presence of Henry C. Dawe the other subscribing witness thereto; that at the time of the said Testator so signing and executing the said paper writing as his last Will and Testament the same was read over to and explained to the said Testator that I signed the said paper writing in the presence of the said Testator and the said Henry C. Dawe that at the time of his

Page 2

so signing & executing the said paper writing the said Testator was of sound and disposing mind memory and understanding to the best of my knowledge and belief.

Sworn before me at                                                  John Boone
Harbor Grace the 14th
day of November AD 1900
W. J. Lynch
Commissioner S.C.

 

 

I Thomas Batten of Bareneed Port de Grave in the District of Conception bay in the Island of Newfoundland, Planter, being of sound mind do declare this to be my last Will and Testament. First I give and bequeath to my beloved daughter Mary Emma Batten and to her Heirs and Assigns for ever my Dwelling House with whatever furniture goods, and chattels there may be therein contained. I further give and bequeath to my beloved daughter Mary Emma Batten and to her Heirs and Assigns all my land and property which I now possess consisting of Meadows Gardens, fishing Room on Bareneed Point; with all erections thereon, also my part or portion of the Blocks Barking Kettle, and stove on the point save and except the provision herein after mentioned. But in the event of my beloved daughter Mary Emma Batten dying without having children all my property aforesaid Willed and bequeathed shall become the property of my Grand Nephew James John Batten son of my nephew John Thomas Batten to him and to his heirs and Assigns for ever.
I give and bequeath to my Grand Nephew James John Batten aforesaid and to his Heirs and Assigns for ever, the Meadow from the Brook to the Lodge Road also a small garden by the side of the hill

Page 2

and a piece of uncultivated land situated near Black Duck Pond. I further give and bequeath to my Grand Nephew James John Batten and to his heirs and assigns for ever a piece of land situated at Bareneed Cove and known as Boone's Land, extending from the main line of Road and running westward to have and to hold with all erections thereon consisting of a stove, stage and wharf without any manner of condition.
I further constitute my two friends Isaac Richards and Robert Batten to be my Executors for the due and proper execution of this my last Will and Testament.
Dated this twentieth day of April in the year of our Lord One thousand eight hundred and ninety seven A.D. 1897

his
(Signed) Thomas X Batten
mark

Signed acknowledged and
declared by the said Thomas
Batten as and for his last Will
and testament in the presence
of us, who being present at
the same time in his presence
at his request and in the presence
of each other have hereunto
subscribed our names as Witnesses
(Signed) Henry C. Dawe
               John Boone

(Written sideways in right margin)
Passed before me at Harbor Grace
this 14th day of November A.D. 1900
upon the affidavit of John Boone
one of the subscribing witnesses
thereto at 12:30 o'clock ???
W. J. Lynch
Commissioner S.C.

 

 

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

The Petition of Robert Batten of Bareneed in the district of Port de Grave Fisherman

Humbly Sheweth

  1. That Thomas Batten late of Bareneed Fisherman deceased died at that place on the          day of September last past having duly made and executed his Last Will and Testament.
  2. That under the said Will your Petitioner and one Isaac Richards were appointed Executors thereof and that the said Isaac Richards has died since the execution of the said Will.
  3. That the said Thomas Batten left him surviving as next of Kin one child Mary Emma Batten and James J. Pattenhis grand nephew (initials in left margin WJL)
  4. That the said deceased Thomas Batten left property Estate and Effects within the Jurisdiction of your Honorable Court of the probable value of four hundred and fifty dollars as is more particularly



    Page 2


    contained and set forth in the schedule hereunto annexed marked A
  5. That no Probate or Administration has been granted out of your Honourable court to the said Will or Estate

          Your Petitioner therefore humbly prays that your Honourable Court or one of your Lordships the Judges thereof will be pleased to grant unto him probate of the said will.
          And as in duty bound will ever pray
          At Harbor Grace this 12th day of November A D 1900

Robert Batten

 

 

This is the Schedule hereinbefore referred to and Marked A

The Lands house stores and
interest in Land at Bareneed                                        $400
Household goods and
furniture                                                                           50
                                                                                     $450

Robert Batten

 

Newfoundland
Harbor Grace to wit
I Robert Batten of Bareneed in the District of Port de Grave Fisherman the Petitioner named in the foregoing petition make oath and say that the several matters and things therein contained and set forth are correct and true
Sworn before me at
Harbor Grace aforesaid                                        Robert Batten
this 12th day of November
AD 1900
W. J. Lynch
Commissioner S.C.

 

 

In the matter of the
Estate of Thomas
Batten late of
Bareneed Fisherman
deceased

Petition for
Probate

Fiat November 23/00

D. Morison
J

 

 

Page Transcribed by Gordon Bennett

Page Revised by Ivy F. Benoit (Wednesday August 01, 2018)

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