Samuel Roberts
          1900

Estate of Samuel Roberts 1900
From LDS Microfilm #2057616

Notice

Application will be made to Mr. Justice Morison presiding Judge of the Supreme Court on the Northern Circuit for letters of administration cum testamento annexo of the estate of Samuel Roberts late of Wild Cove North Island, Twillingate to be granted to his son Edwin Roberts.
          Twillingate 19 September
Jos. Shea
Sol'r for Applicant
W. C.
A.C.S.C.

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

NEWFOUNDLAND
To Wit          I Francis Roberts of Twllingate make oath and say that on the 18^th day of September A.D. One Thousand Eight Hundred and Ninety Seven, I was present and did see Samuel Roberts late of Wild Cove, Twillingate, the Testator named in the paper writing hereunto annexed marked A, duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament, in my presence and in the presence of Robert Temple the other subscribing witness thereto. That I and said Robert Temple then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other, 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 Twillingate                                                  Francis Roberts
this19^th day of September
A.D. 1900

Before me

W. F. Carroll
Commissioner of Affidavits, Supreme Court

To the Honorable Mr. Justice Morison presiding Judge of the Supreme Court on Circuit at Twillingate.

The Petition of Edwin Roberts of Wild Cove, North Island, Twillingate :-

Humbly Sheweth

1. That your petitioners father Samuel Roberts late of Wild Cove aforesaid, died on or about the fourth day of October A.D. 1897, having previously made and published his last will and testament which is hereto annexed, marked A.
2. That by the terms of his said will the said Samuel Roberts left all his property to his wife Maria, your petitioner and your petitioner's brother Mark Roberts, with benefit of survivorship.
3. That your petitioners said mother, Maria Roberts, died on or about the 20^th day of August A.D. 1899
4. That the said testator appointed John W. Owen, Merchant, executor of his will.
5. That the said John W. Owen declined to act as Executor and renounced which renunciation is hereto annexed marked B.
6. That your petitioner is the eldest surviving son of the said
   
   
   
   Samuel Roberts
   
   
   Page 2
   
   
   
7. That the estate of the said Samuel Roberts, within the jurisdiction of your Honourable Court does not exceed in value the sum of two hundred and fifty dollars.
8. That no probate or administration of the said estate has as yet been      granted.
9. Your petitioner therefore prays that letters of administration cum testamento annexo to the estate be granted out of your Honourable Court unto him.

          And as in duty bound will ever pray.
          Twillingate, September 19, 1900

his  
Edwin X Roberts
mark 

Witness
Jos. Shea

Supreme Court

Newfoundland
Twillingate; to wit
          I Edwin Roberts of Wild Cove, North Island, Twillingate, fisherman, the Petitioner named in the afore written petition make oath and say that the matters and things therein contained are just and true to the best of my knowledge, information and belief.
Sworn before me at Twillingate                                                  his
aforesaid this19^th day of September                               Edwin X Roberts
A.D. 1900. (and I certify that the                                               mark
foregoing affidavit was read over to
the Deponent who signed by making
his mark and that before so signing
he appeared to fully understand same.)

W. C. Carroll
Clerk ??? (out
on Northern Circuit)

Fiat Sept 19/00

D. Morison
J

A

I, Samuel Roberts, of Wild Cove, on the North Island of Twillingate, being of sound mind, though grievously weak in body, do make this my last Will and Testament.
I bequeath all property of which I am possessed, that is to say land, gardens, houses, and outhouses, Room, Cattle, and everything connected therewith for working and general use, to my wife, Maria, and my two sons, Edwin and Mark; to be owned and used conjointly, as hitherto, so long as my said wife shall live. And to be equally divided between my aforesaid sons, if both survive.
I appoint Mr. John W. Owen, merchant, as my Executor.
Signed, sealed, and delivered in the
presence of the witnesses, this 18^th
day of September, in the year of our
Lord 1897.
Robert Temple    Witnesses
Francis Roberts

B

Twillingate 15^th Dec'r 1899

Whereas I am named in the last Will and Testament of the late Samuel Roberts of Wild Cove, North Island of Twillingate, Executor without my Consent, I respectfully decline accepting the position.

John W. Quinn

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

In the Estate of Samuel Roberts late of Wild Cove in the District
of Twillingate, Fisherman, DECEASED.

Inventory and Valuation of the Property of the said Deceased.

I, Edwin Roberts of Twillingate make oath and say that I am the son of the late Samuel Roberts and that the above is, to the best of my knowledge, information and belief, a just and true Inventory and Valuation of the Property of the said deceased at the time of his death, as far as I can at present ascertain.

Sworn at Twillingate in the                                        Edwin^hisX_markRoberts
Electoral District of Twillingate
this 19^th day of September
A.D. 1900, before me, and I
certify that said affidavit was
read over to the Deponent who
seemed to understand it and who
signed it by making his mark in
my presence.
W. C. Carroll
Clerk

*The Inventory and Valuation may be verified under the Petition.

Know all Men by these Presents: That we Benjamin Roberts and Alexander? Butt? both of Twillingate and Edwin Roberts, also of Twillingate, are jointly and severally bound unto our Sovereign Lady Victoria by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, in the sum of Five hundred dollars, to be paid to our said Sovereign Lady the Queen, Her Heirs and Successors for which payment well and truly to be made, we bind ourselves and each of us for the whole, our and each of our executors and administrators, firmly by these presents. Sealed with our seals.

Dated the19^th day of September in the year of our Lord 1900.

The Condition of this obligation is such that if the above named Edwin Roberts as administrator of all the estate and effects, rights and credits of Samuel Roberts late of Twillingate in the Electoral District of Twillingate in the Island of Newfoundland deceased, (who died on or about the 4^th day of October 1897) do, when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of all and singular the estate and effects, rights and credits of the said deceased, which have or shall come into the hands, possession or knowledge of the said Edwin Roberts or into the hands or possession of any other person or persons for him and the same so made do exhibit, or cause to be exhibited, into the Registry of the Supreme Court of Newfoundland, whenever required by law so to do, and the same estate and effects, rights and credits, and all other estate and effects, rights and credits of the said deceased at the time of his death which at any time after shall come into the hands or possession of him the said Edwin Roberts or into the hands or possession of any other person or persons for him, do well and truly administer according to law, that is to say, do pay the debts which the said deceased did owe at his decease, and then the Legacies contained in the said Will annexed to the said Letters of Administration to the said committed, so far as such property will thereunder extend and the law bind and further, do make, or cause to be made, a full true and just account of administration within twelve months or sooner if thereunto required, and all the rest and residue of the property shall deliver and pay unto such person or persons as shall be by law entitled thereto; then this obligation to be void and of no effect, or else to remain in full force and virtue.

Signed, Sealed and Delivered                                    Edwin^hisX_markRoberts
in the presence of
and I certify that the said bond
was read over and explained to                                  Benjamin Roberts
said Edwin Roberts who seemed
to understand the same and who                               Alexander A. Burt?
signed by making his mark in my
presence.
W. J. Carroll
Clerk

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

In the Estate of Samuel Roberts late of Wild Cove in the District of Twillingate, Fisherman, deceased,
We Benjamin Roberts of Wild Cove in the District of Twillingate, Fisherman, and Alexander Burt of Twillingate, Shop Keeper, severally make oath and say:
That we are the proposed sureties on behalf of Edwin Roberts, the intended administrator of all and singular the estate and effects, rights and credits, of Samuel Roberts, deceased, in the within bond named, for the faithful administration of the said estate and effects, rights and credits, of the said deceased; and I the said Benjamin Roberts for myself make oath and say that I am worth property to the amount of Five hundred dollars, over and above all incumbrances and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise, and I the said Alexander Burt for myself, make oath and say, that I am worth property to the amount of Five hundred dollars, over and above what will pay my just debts, and every other sum for which I am now bail and for which I am liable as surety or endorser or otherwise.

The above named Benjamin Roberts                              Benjamin Roberts
and Allen Burt were severally
sworn before me, this 19^th day of                                     Alexander W. Burt
September A.D. 1900 at Twillingate
in the Electoral District of Twillingate.

W. C. Carroll
Clerk

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

In the Estate of Samuel Roberts late of Wild cove in the district of Twillingate, fisherman, deceased

I Edwin Roberts of Wild Cove in the Electoral district of Twillingate in the Island of Newfoundland, Fisherman, make oath and say that Samuel Roberts, late of Wild Cove in the Electoral District of Twillingate in the Island aforesaid, deceased, died with a will; that I will well and faithfully administer the estate and effects, rights and credits of the said deceased, by paying his just debts and distributing the residue of his estate and effects according to law; that I will exhibit a true and perfect Inventory of all and singular the said estate and effects, rights and credits, and render a just and true account thereof when required by law so to do; that the said deceased died at Wild Cove, aforesaid on the 4^th day of one thousand eight hundred and ninety seven, that at the time of his death the said deceased had a fixed place of abode in the Island aforesaid; and, that the gross value of the said estate and effects, rights and credits of the said deceased is two hundred and fifty dollars and no more, according to the best of my knowledge, information and belief.

Sworn at Front Harbor in the Electoral                                                 his
District of Twillingate on the 19^th                                             Edwin X Roberts
day of September                                                                                   mark
A.D. 1900, before me and I certify that
the said affidavit was read over to the
deponent who seemed to understand
the same and who signed by making
his mark in my presence.

W. C. Carroll
Clerk

Page 290

In the Supreme Court

In re Samuel Roberts
late of Wild Cove in the
District of Twillingate
Fisherman, deceased

OATH OF ADMINISTRATOR

Administration granted to
Edwin Roberts
on the 19^th day of
September1900

Value of Estate $ 250.00

Sureties: Benjamin Roberts
        Alexander Burt