James Hutchings
          1900

Estate of James Hutchings 1900
From LDS Microfilm #2057448

AFFIDAVIT
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In the Supreme Court of Newfoundland on Circuit
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NEWFOUNDLAND
Harbour Grace   To Wit          We James Gosse of Spaniards Bay, Fisherman, and Joseph Gosse of same place, Fisherman, do swear that we believe this to be the true Last Will and Testament of James Hutchings, Senior, late of Spaniards Bay, Fisherman, deceased, 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 Hutchings, deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of One hundred dollars

So help us God

Sworn at Harbor Grace                                                              Jas Gosse
the 10^th day of May                                                                   Joseph Gosse
A.D. one thousand nine hundred
by the said James Gosse and
Joseph Gosse

Before me

W.J. Lynch
Commissioner of Affidavits, Supreme Court

Probate Affidavit

1900

Estate of James Hutchings
late of Spaniards Bay
in the Northern District
Fisherman deceased

Probate granted to
James Gosse Jos Gosse
Spaniards Bay, the Executors
named in the Will

Dated 12^th May 1900

Estate sworn under $ 100.00

Newfoundland

Northern District
Harbour Grace
To Wit
Nathaniel Gosse of Spaniards Bay, Planter, maketh oath and saith that on the 23^rd day of February A.D.1895 at Spaniards Bay aforesaid he was personally present and did see and hear James Hutchings of Spaniards Bay, deceased, the Testator named in the paper writing annexed, marked A, duly sign seal and execute by affixing his mark thereto and as the last Will and Testament of him the said Testator pronounce and declare the said Will as the last Will and Testament of him the said James Hutchings in the presence as well of this deponent as of Henry James the other subscribing witness thereto who in the presence of the said James Hutchings the Testator and in the presence of each other duly subscribed their names as witnesses thereunto, and Deponent furthermore saith that previous to the said will being so signed sealed and executed by the said Testator the same was duly read over and explained to the said James Hutchings the testator was at the time of his so signing sealing and assenting and declaring the said Will as his last Will and Testament of sound and disposing mind memory and understanding to the best of deponents knowledge and belief.
Sworn before me                                                                      Nathaniel Gosse
at Harbor Grace aforesaid
this 6^th day of May A.D. 1899.

W. J. Lynch
Commissioner, S.C.

A

In the name of God Amen

I James Hutchings Sr Fisherman of Spaniards Bay, Newfoundland do make and ordain this my last Will and Testament, and in so doing, I first Nominate, constitute and appoint James Gosse of John, and Joseph Gosse of John of Spaniards Bay aforesaid, to be the sole Executors of this my last Will and Testament, after which I give and  bequeath of my property in the manner and proportion here following.
To my wife, Esther, I give bequeath transfer, assign and set over my dwelling-house, out houses chattels, "Pew in Church," and all and singular of the land "Cultivated, or otherwise," that I possess.
And I the said James Hutchings aforesaid, do by these present give, bequeath to and assign and set over to my wife Esther aforesaid all and singular of the above mentioned dwelling house, out houses, Chattels, Pew in Church and land Cultivated or otherwise, to be disposed by her at her death, as she may best think fit. and I the said James Hutchings aforesaid do hereby revoke all other Wills and testaments at any time heretofore made by me. I declare this to be my last Will and Testament.
In witness whereunto I the said

Page 2

A

James Hutchings aforesaid have hereunto set my hand and seal this 23^rd day of February Anno Domini 1895.

Attesting Witnesses
Read over,
approved of
Signed & sealed,                                                            Nathaniel Gosse
in the presence of                                                           Henry Jewer
us and of each other.

          Proved before me on the 6^th of May A.D. 1899 at 12:15 oclock in the afternoon on the affidavit of Nathaniel Gosse, one of the subscribing witnesses thereto.

W. J. Lynch
Commissioner, S.C.

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

The Petition of James Gosse of Spaniards Bay, Fisherman

Humbly Sheweth

That James Hutchings Senior, late of Spaniards Bay Fisherman died at that place on the 20^th day of December A.D. 1898 having first made and executed the paper writing hereto annexed as and for his last Will and Testament.
That your Petitioner and Joseph Gosse were appointed Executors therein
That the said Will has been duly proven
That the probable value of the Estate which said Testator died possessed of does not exceed $100
That no Probate or Administration has yet been granted to said Estate
Your Petitioner therefore prays that Probate of the said Will may be

Page 2

granted to the Executors therein named
          And as in duty bound will ever pray

Dated at Harbor Grace
this 7^th day of April A.D.
1900 in presence of                                                            James Gosse

W. J. Lynch

In the Supreme Court
of Newfoundland

Harbor Grace
to wit
I James Gosse of Spaniards Bay Fisherman maketh oath and saith that the contents of the aforegoing Petition are correct and true to the best of Deponents knowledge and belief

Sworn before me at Harbor                                                  James Gosse
Grace aforesaid this 7^th day
of April A.D. 1900

W. J. Lynch
Commissioner S.C.

1900

Supreme Court
Spring Term
Hr. Grace

In the matter of the
Est of James Hutchings
late of Spaniards Bay
Fisherman deceased

Petition
for
Probate

(Note written sideways in left margin:)
??? Jonathan Noseworthy's estate
wrongfully affixed by ?M.B. to these
papers.