Estate of William Burke
of Witless Bay
          1900

Estate of Thomas Skeans 1899
From LDS Microfilm #2057448

(Transcriber's note: the next two pages have received heavy damage, and large sections are missing from each.)

AFFIDAVIT
----------

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

NEWFOUNDLAND
St. Johns To Wit:          I Michael Burke ?????????????????????????????????????? Bay in the Southern Di???????????????????????????????????????????? of St. Johns aforesaid, ???????????????????????????????????????????? do swear that I believe that William ?????????????????????????????????? of Witless Bay, aforesaid, Planter ???????????????????????????????????? deceased, died with a Will; and that I will ?????????????????????????????? ??????? every the Goods of the said deceased and pay ????????????????? ????? extend and the law shall bind me: and that I ?????????????????????? ??? perfect Inventory of the said Goods of the deceased, and ????????????? ???dministration into the Registry of the said Court, ????????????????????? ?r when I shall be thereunto lawfully requi ????????????????????????????? ???hattels, Assets, Credits and Effects of the said ?????????????????????? ???????????????diction of this Court, do ???????????????????????????? ??????????????????????????????????????????????????????????????

So help me God

Sworn at S. Johns, aforesaid                                        Michael Burke
this17^th day of December January
A.D. 1899 1900

Before me,

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

????

Estate of Will??? ?????
late ofWitles? ???????
in the Southern District
Planter deceased

Letters of Administration c.t.a.granted to
Michael Burke of Witless Bay, Fisherman

Dated 17^th January 1900

Sureties Aidan O'D???
P.C. O'D????

Estate sworn under ?????????

The Hon. Jo??????????????
(Remainder of page missing)

Supreme Coourt of Newfoundland
----------------

Be it Remembered That on this17^th day of January 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 Michael Burke of Witless Bay in the Southern District Fisherman Patrick C ?O'Driscoll of St. Johns Auctioneer, and Aidan O'Driscoll of Witless Bay Merchant 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 Sixteen 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 Michael Burke as Administrator of the Estate and Effects of William Burke late of Witless Bay aforesaid Planter 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 Michael Burke 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 17^th day of July 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 his death, or which at any time afterwards shall come into the hands or possession of him the said Administrator 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 17^th day of January which will be in the Year of Our Lord One Thousand nine hundred 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.

                                                                                Michael Burke
Signed and sealed                                                   A. O'Driscoll
in the presence of                                                   P. C. O'Driscoll

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

with the door at the rear and also the two back rooms over the kitchen I leave my part for the use of my four sons It is my wish that my son Michael shall be male? - of ????? on shore The ground and half of my dwelling that I now leave to my wife Agnes at her death shall go to my son William

Witless Bay
June 16^th 1898
Witnesses Jas. E. Long
                 Patrick Connors

B

Codicil

I William Burke do Will and bequeath to my wife Agnes half of my dwelling, that is the parlor and and [sic] also the hall up and down stairs and front door The Bedroom in front- over Kitchen and all the garden in front- of my dwelling together with half the Cellar and also half the ground at the back of my dwelling, with

shall be equally divided between William and Michael. William to have the half nearest the Road I will and bequeath to the R.C. Church of Witless Bay one garden and wharf at Gull Pond and one boat in said pond.

Read for and signed by
the Testator in the presence of J. E. Long

Patrick Connors

Witless Bay
Newfoundland
May 4^th A.D. 1898

My wife Agnes shall have the use of the front stairs to and from her bed room and small room attached. One half of store shall be my wife Agnes the remaining half shall be my son Williams At the death of my wife Agnes her half of store shall go to my son William I will and bequeath my Fishing Room and ground attached to my four sons William Michael James and Thomas It shall be equally devided [sic] If any of them die without issue his share shall go to my surviving sons or their heirs

II I will and bequeath to my wife Agnes, my share of Cod trap and fishing gear

III I will and bequeath to my son James one fourth of my land in Bears Cove that is the Southern end of said land. The remaining three fourths shall be equally devided [sic] between William Michael and Thomas. William to have the land next to the Road Michael next to him and Thomas next to Michael

iV Two thirds of my Kitchen Garden shall go to Michael, and one third to William The Little Meadow

I certify that the notice on the other side written was on the day of the date thereof duly posted in my office and remained there until this date and that no caveat or other objection has been filed against it.
          Saint Johns December 26^th 1899
D. M. Browning
C. C. & R.

Notice

Three days after date hereof application will be made to the Honorable Supreme Court or one of the Honorable Judges thereof for Letters of Administration with the Will annexed to the Estate and effects of William Burke late of Witless Bay Planter deceased to be granted to Michael Burke son of deceased
          Dated at Saint Johns Newfoundland this 20^th day of December A.D. 1899

(Illegible signature)
Solicitor for applicant
W F?
A.C.S.C.

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

Newfoundland
To Wit          I Patrick Connors of Witless Bay make oath and say that on the fourth day of May A.D. one thousand eight hundred and ninety eight at Witless Bay I was present and did see William Burke late of Witless Bay Planter 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 Joseph E. Long the other subscribing witness thereto. That I and said Joseph E. Long 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 at Saint Johns                                        Patrick Connors
this 20^th day of December
A.D. 1899
Before me

W. F. Farrell
Commissioner of Affidavits
Supreme Court

We the undersigned Agnes Burke widow of William Burke late of Witless Bay planter deceased, James Burke, Thomas Burke and William Burke children of the said William Burke deceased consent to Michael Burke son of said deceased applying for and obtaining letters of Administration to the Estate and effects of the said William Burke deceased
Dated at Witless Bay in the Southern District of Newfoundland this          day of December* A.D. 1899.
*(16 is inserted between "December" and "A.D." -Transcriber)

Signed in the presence                                        Agnes Burke
of                                                                         James Burke
Michael Burke                                                  Thomas Burke
                                                                            William Burke

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

The Petition of Michael Burke of Witless Bay fisherman

Humbly Sheweth

That petitioners father William Burke late of Witless Bay Planter died at that place on the 11^th day of August 1898.
That he made and executed the paper writing hereto annexed as and for his last will and testament and Codicil thereto -
That the said Will and Codicil were duly proved
That no Executor is appointed under the said Will - That testator died possessed of property of the probable value of Eight hundred dollars
That he left him surviving his Widow Agnes and his sons James, Thomas and William and your petitioner.
That the said Agnes Burke, James, Thomas and William consent to your petitioner obtaining administration with the will annexed to the Estate and effects of the said late William Burke and then consent to his so doing so hereto annexed
That no probate or Administration to the

Page 2

said Estate has been granted
Petitioner therefore prays that Letters of Administration with the will and Codicil annexed to the Estate and effects of the said William Burke may be granted to him.
And as in duty bound he will ever pray.
Dated at Saint Johns Newfoundland this 20^th day of December A.D. 1899

Michael Burke

In the Supreme Court of
Newfoundland

Newfoundland
Saint Johns SS
I Michael Burke of Witless Bay fisherman make oath and say that the contents of the foregoing petition are correct and true
Sworn before me at
Saint Johns Newfoundland                                        Michael Burke
this 20^th day of December
AD 1899

W. F. Farrell
Com'r S.C.

1899

Sup Court

In the matter of the
Estate of William
Burke late of Witless
Bay planter deceased

Petition for Ad'mn c.t.a.

Fiat as prayed
usual Security

D Morison  J

Dec 26 / 99

D. Jos. Greene
Solicitor
St. Johns, NFLD
Filed Dec 26 / 99 ??

(To the right of the above:)
   3.75 ???
     .50 ???
   1.50 Proof
   1.50 ???
   1.00 copy
   1.00 ???
     .75 afft
 10.00
   1.00 Proof of codicil
 11.50
   1.25 ???
 10.75

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

Newfoundland
To Wit          I Patrick Connors of Witless Bay make oath and say that on the Sixteenth day of June A.D. one thousand eight hundred and ninety eight at Witless Bay I was present and did see William Burke late of Witless Bay Planter the Testator named in the paper writing hereunto annexed, marked B 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 Joseph E. Long the other subscribing witness thereto. That I and said Joseph E. Long 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 Codicil being so signed, as aforesaid, 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 Joseph E. Long and at the time of the said 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 at Saint Johns                                        Patrick Connors
this 20^th day of December
A.D. 1898

Before me

W. F. Farrell
Commissioner of Affidavits, Supreme Court