James Freke
         1900

Estate of James Freke 1900
From LDS Microfilm #2057448

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

In the Estate of James Freke late of Joe Batts Arm, Planter, deceased

I Arthur Coffin of Joe Batt's Arm, in the Electoral District of Fogo, Planter, 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 James Freke late of Joe Batts Arm, in the Electoral District of Fogo, 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 so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the estate according to law: 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 Joe Batts Arm aforesaid on the         day of January one thousand eight hundred ninety eight; and that the gross value of the estate and effects, rights and credits of the said testator is Two hundred and eighty nine dollars and twelve cents, and no more, according to the best of my knowledge, information and belief.

Sworn at St. Johns in the                                                      Arthur Coffin
Electoral District of St. Johns
this18^th day of October
A.D. 1900, before me,

Geo. J. Adams
Clerk

1900

In the Supreme Court

In re
James Freke
         deceased

================
OATH OF EXECUTOR
================

Probate granted on the 10^th day
of November 1900 to
Arthur Coffin

Value of Estate $ 300

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

NEWFOUNDLAND
Hearts Content To Wit:
I William Charles White of Hearts Content in the Electoral District of Trinity Bay, Clerk in Holy Orders, make oath and say that on the first day of November A.D. One Thousand Eight Hundred and Ninety Seven at Joe Batts Arm, I was present and did see James Freke late of Joe Batts Arm in the Electoral District of Fogo, 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 Walter Scammell, the other subscribing witness thereto. That I and said Walter Scammell 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 Will 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 the presence of me and the said Walter Scammell, 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 Hearts Content                                             William Charles White
this 2^nd day of November
A.D. 1900

Before me

C. G. Rendell
Commissioner of Affidavits, Supreme Court

A

This is the last Will and Testament of me, James Freke, of Joe Batts Arm in the District of Fogo.
I give, devise and bequeath my dwelling house together with all furniture therein contained to my wife Sophia Ann Freke, to be hers so long as she shall continue to reside in the said house and remains a widow, but in the event of my wife Sophia Ann Freke marrying again, the house aforesaid with its furniture shall pass to William Hancock, now living with me, or should my said wife, Sophia Ann Freke, predecease William Hancock, not having married again, the house with its furniture shall become the property of the said William Hancock.
I give, devise, and bequeath all monies belonging to, or due to my Estate. to my said wife, Sophia Ann Freke, excepting so much

Page 2

as shall be necessary to erect a tombstone to my memory, the cost of said stone I leave to her discretion.
I give, devise, and bequeath my fishing room (consisting of two stores and the following property, viz one third part of stage, one third part of two codtraps, one third part of the Schooner, Rolling Wave, five seal nets, two cod nets, my share of the herring nets belonging to the room, my share in the boats and punts belonging to the room & one sealing gun and any remaining fishing gear not otherwise willed herein to William Hancock aforesaid, his heirs and successors; provided that he shall provide for my wife Sophia Ann Freke, aforesaid, so long as she shall continue a widow, and reside in the house aforesaid.
I give, devise, and bequeath my small gun to Obed, son of William Freke of Boyds Cove,
I give, devise, and bequeath my tools & materials to William Hancock aforesaid with the same

Page 3

proviso as is attached to the clause of this will dealing with my fishing room &c.
Should the Schooner Rolling Wave, be sold, I hereby will that my share of the amount realized from such sale shall belong to my daughter Isabella Matilda Freke.
I hereby appoint Arthur Coffin, of Joe Batts Arm, Executor of this Will.
In witness whereof I, James Freke, have hereunto set my hand this first day of November One Thousand Eight Hundred and ninety seven.

Subscribed by the testator in our presence, who in his presence, and in the presence of each other hereunto set our hands as witnesses.

Witnesses:  W. Charles White
                   Walter Scammell

Will

of

James Freke

Joe Batts Arm

NOTICE

Three days from the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for Probate to the Will of James Freke late of Joe Batts Arm in the District of Fogo, Planter, deceased, to be granted to Arthur Coffin the sole Executor in the said Will named.
         Dated at St. Johns this 15^th day of October A.D. 1900

                                    Knight &Blandford
WJC                           Solicitors for said Executor
A.C.S.C.

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 at the Court House from the day of the date hereof to the present day, and that no caveat or objection has been entered thereto.
         St. Johns, November 10^th 1900

W. J. Carroll
Commissioner

Schedule referred to in Petition.

IN THE SUPREME COURT OF NEWFOUNDLAND

In the Estate of James Freke late of Joe Batts Arm deceased.

Inventory and Valuation of the Property
of the said Deceased.

Newfoundland
St. Johns
To wit         I, Arthur Coffin of Joe Batts Arm but at present of St. Johns make oath and say that I am the Executor in the Will of the late James Freke and the Petitioner in the foregoing Petition named.
2. That the above is, to the best of my knowledge, information and belief, a just and true Inventory and valuation thereof at the time of death, as far as I can at present ascertain.
3. That the contents of the foregoing Petition are just correct and true.

Sworn at St. Johns aforesaid this 18^th day of October A.D. 1900

Geo. J. Adams                                             Arthur Coffin
Clerk

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

         The Petition of the undersigned, Arthur Coffin of Joe Batts Arm in the District of Fogo, Planter,

Humbly Sheweth

1. That James Freke late of Joe Batts Arm, Planter, died at that place in or about the month of January of the year 1898 having made his last Will and Testament which is hereto annexed marked "A".
2. That Testator left him surviving his widow Sophia Ann.
3. That the value of the Estate of Testator is not above $300.00 as by the Schedule hereto annexed will appear.
4. That under the said Will your Petitioner has been appointed Executor thereof.
5. That no probate or Administration to the Estate of the Testator has been granted out of this Honourable Court.

         Your Petitioner therefore prays that Probate to the said will may be granted to him and as in duty bound he will ever pray &c.
         Dated St. Johns this 18^th day of October A.D. 1900

Arthur Coffin

In the matter of the
Estate of James Freke
late of Joe Batts Arm
deceased

Petition for Probate
Fiat for Probate

D. Emerson
J

Nov 10/00