James Blackler
          1900

Estate of James Blackler 1900
From LDS Microfilm #2057448

AFFIDAVIT
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In the Supreme Court of Newfoundland
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Newfoundland
Twillingate To Wit          We, Alfred H. Peyton and Thomas Purchase of Twillingate do swear that we believe this to be the true Last Will and Testament of James Blackler late of Back Harbour, Twillingate, deceased, and we do further swear that we will pay all the Debts and Legacies of the said deceased so far as his Goods shall extend, and the law shall bind us, and that we 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 we shall be lawfully called thereto. And we do further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said James Blackler deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of Two thousand one hundred dollars

So help us God

Sworn to atTwillingate
this 30^th day of January                              Alfred H. Peyton
A.D. 1900 by the said Alfred
H. Peyton and the said                               Thomas Purchase
Thomas Purchase

Before me

Thomas Peyton
Commissioner of Affidavits, Supreme Court

279

1900

Estate of James Blackler
late of Twillingate
in the Northern District
deceased

Probate granted to Alfred H. Peyton
& Thomas Purchase
of Twillingate, the Executors named
in the Will.

Dated May 19, 1900

Estate sworn under $2100

The Hon'r Jos. J. Little Chief Justice
Geo. H. Emerson Judge
D. Morison Judge

B. M. Browning
Actg. Chief Clerk and Registrar

This is to certify that the notice on the other side hereof written has been posted in the Office of the Chief Clerk and Registrar from the date thereof until this date and that no caveat or other objection has been entered thereto.
          February 26^th 1900
W. F. Farrell
A.C.S.C.

NOTICE.

After three days from the date hereof application will be made to the Honourable the Supreme Court or one of their Lordships the Judges thereof for Probate of the Last Will and Testament of James Blackler, late of Back Harbor in the District of Twillingate, deceased, to be granted to Alfred H. Peyton of Twillingate aforesaid, Carpenter, and Thomas Purchase of the same place Planter, the executors named in the said will.
          St. Johns, the 12^th day of February A.D. 1900

WF
A.C.S.C.
W. H. HORWOOD
Solicitor for applicants

Supreme Court of Newfoundland

Northern District
Twillingate to wit

To the Honorable the Supreme Court or one of the Judges thereof

          The petition of Alfred H. Peyton of Twillingate Carpenter and Joiner and Thomas Purchase also of Twillingate planter respectfully sheweth

1. That James Blackler late of Back Harbor Twillingate district aforesaid, departed this life on the first day of January A. D. one thousand nine hundred, 1900 leaving him surviving a Widow Eliza Blackler five sons all of age and married four resideing [sic] at Back Harbor Twillingate and one son residing at Halls Bay, Notre Dame Bay, also one Daughter, single, residing with her mother at Twillingate. Back Harbour aforesaid.
2. That the said James Blackler was possessed of at the time of his decease of landed property situate at Back Harbour, Twillingate, aforesaid, fishing gear and materials to the probal [sic] value of eight hundred dollars and money in the bank of Montreal, St. Johns, Newfoundland, to the amount of twelve hundred $1200, Dollars
3. That the said James Blackler left a last Will and testament, hereunto annexed, Marked A and a codicil added to the said Will, Marked B, which will and Codicil has [sic] been proved in due form, by the affidavits of Alfred H. Peyton, one of the subscribing witnesses to the same
   
   
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   which Will, codicil and affidavats, are hereunto annexed, marked A: B: C: and D.
4. That the said James Blackler at the time of his decease, had a fixed place of abode at Back Harbor, Twillingate, and that no probate or administration has as yet been taken out to his Estate.
5. That under the said Will your petitioners was appointed joint Executors to the Will of the late James Blackler deceased.
Your petitioners therefore pray that probate to the said Estate be granted them upon their giving the usual security and petitioners as in duty bound will ever pray.

          Twillingate January 29^th A.D. 1900

          Alfred H. Peyton and Thomas Purchase both of Twillingate the petitioners in the foregoing petition make oath and say that the contents of the same are to the best of of [sic] their knowledge and beleif [sic] correct just and true.

Sworn before me at Twillingate                    Alfred H. Peyton
this thirtieth, 30^th day of
January AD one thousand                              Thomas Purchase
Thomas Peyton
Commissioner Affidavits
Supreme Court

A

This is the last Will and testament of James Blackler of Back Harbour Twillingate Newfoundland.

1. I give devise and bequeath to my wife Eliza Blackler my ??? Dwelling house in which I now reside at Back Harbor with household furniture and effects for her own sole use and benefit, during the term of her natural life ??? so long as she remains unmarried, the household furniture to be at her free disposal as she may think right and proper, but it is my Will that my Dwelling House and aforementioned and outhouses, shall be the property of my son Edward Blackler after the decease of my wife Eliza Blackler; my Daughter Lucy Blackler to have a right of residence in the dwelling house so long as she remains unmarried.
2. I give and bequeath to my sons Elias Blackler and Edward Blackler, my fishing Room and premises situate at Bat??? Island, Back Harbour, aforesaid, provided also that my son Daniel Blackler shall have the right of landing on the water side of the same whenever necessary.
3. My salmon nets and other fishing gear, or material in connection with the fishery, I may be possessed of at the time of my decease, it is my will that one half of the same shall be the property of my son Daniel Blackler and one half to my sons Elias Blackler and Edward Blackler eaqually [sic] between them.
4. I give devise and bequeath to my sons Daniel Blackler, Elias Blackler and Edward Blackler my land situate to the north west of Bear ??? head Back Harbour in equal shares.
5. And whereas ???ll is now standing in my name in the Bank of Montreal at St. Johns, Newfoundland a certain sum of money, it is my will that such balance, of the same as may be standing to my credit at the time of my decease, shall remain at interest during the life of my wife Eliza Blackler so long as she remains unmarried.
   
   
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   and she shall have the right and privilege of drawing the interest thereof annually as the same may become due for her own sole use and benefit and at the decease of my said wife, Eliza Blackler, or in the event of her marrying again, the principal money remaining in the bank shall be divided into six shares. My sons Daniel Blackler, Chas Blackler, Edward Blackler, and my Daughter Lucy Blackler, shall each receive the full share, namely one sixth part of the amount at the time remaining in the bank. My son Joseph Blackler to receive one third less than a full share of one sixth the part and my son William Blackler one half a full share of one sixth part, that is to say, Joseph Blackler shall receive one third less than his Brethren and sister and William Blackler one half less than the aforementioned Brothers, "and sister," namely David Blackler", Elias Blackler, Edward Blackler, and Lucy Blackler.
6. The remaining one third, and one half of the first mentioned full shares of one sixth part of the full amount standing to my credit in the Bank at the time of my decease shall be equally divided between my son Daniel Elias Edward, and my Daughter Lucy Blackler in equal shares between them.

          And I hereby nominate constitute and appoint Alfred H. Peyton and Thomas Purchase both of Back Harbour, Twillingate to be executors of this my Will.
          Dated at Twillingate this sixteenth day of April one thousand eight hundred and ninety eight. A.D. 1898
Signed, sealed published and                        James Blackler
declared as and for the last will
and testament of the said James                  Alfred H. Peyton
Blackler in the presence of us who
in his presence and in the presence of          Thomas Peyton
each other at his request have hereunto       Notary Public
set our hands as witnesses thereto on
the day of the date above written.
April 16^th A.D. 1898

B

Codicil to the Will of James Blackler

I hereby revoke the bequest made to my three sons in the third clause of my Will and substitute instead thereof my son Daniel Blackler is to have three of my salmon nets with the moorings and rope, belonging to the nets, and my sons Edward Blackler and Chas. Blackler is to have two salmon nets with all ropes and moorings belonging to the two nets, and I further bequeath to my two sons Edward Blackler and Chas. Blackler my share in the cod trap and moorings thereto belonging and my share in the Boat S???.

Signed by James Blackler as                                 mark
a codicil to his last Will and                         James X Blackler
testament, on the first day of                                    his
December one thousand eight
hundred and ninety nine
having been first read over and
explained in the presence of us
who have hereunto subscribed
our names as witnesses
December 4^th? A.D. 1899

Alfred H. Peyton

Thomas Peyton
Notary Public

C

In the Supreme Court of Newfoundland

Newfoundland
Twillingate to wit

          I Alfred H. Peyton of Twillingate aforesaid make oath and say that on the sixteenth day of April, A.D. one thousand eight hundred and ninety nine at Twillingate aforesaid I was present and did see James Blackler late of Back Harbour, Twillingate, the testator named in the paper writing hereunto annexed marked A, duly sign publish and declare the said annexed paper as and for his last Will and Testament in my presence and in the presence of Thomas Peyton, of Twillingate Notary Public, the other subscribing witness thereto. That I and the said Thomas Peyton as aforesaid then and there signed our names to such will as such witnesses in the presence of the said testator and of each other, that previous to the said will being so signed by the said Testator and the said Witnesses, it was read over to and approved of by the said Testator, in the presence of me and the said Thomas Peyton and that at the time of the 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 to at Twillingate                              Alfred H. Peyton
this twenty nineth day of
January A.D. 1900
before me

Thomas Peyton
Commissioner Affidavits
Supreme Court

D

In the Supreme Court of Newfoundland

Newfoundland
Twillingate to wit

          I Alfred H. Peyton of Twillingate aforesaid make oath and say that on the first day of December A.D. one thousand eight hundred and ninety nine at Twillingate aforesaid I was present and did see James Blackler of Back Harbour Twillingate the testator named in the paper writing hereunto annexed; marked A duly sign by making his mark to the Codicil marked B thereto written, publish and declare the said Codicil as and for a part of his last Will and testament in my presence and in the presence of Thomas Peyton, Notary Public, the other subscribing witness thereto that I and the said Thomas Peyton then and there signed our names to such Codicil as such witnesses in the presence of the said testator and of each other, that previous to the said Codicil being so signed as aforesaid by the said testator and the said witnesses it was read over and approved of by the said testator in my presence and in the presence of the said Thomas Peyton, and that at the time of the Execution of the said 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 Twillingate                    Alfred H. Peyton
this twenty nineth day of January
A.D. one thousand nine hundred
1900
Thomas Peyton
Commissioner of Affidavits
Supreme Court

In the matter of the
Estate of
James Blackler
late of Back Harbour
Twillingate

Petition for Probate

Fiat
Geo. H. Emerson
J.

Feb 26 1900