Robert Rutherford
          1900

Estate of Robert Rutherford 1900
From LDS Microfilm #2057616

I certify that the notice on the other side hereof written was duly posted in the office of the Chief Clerk of the Supreme Court on the day of its date and has since so remained posted; and that no caveat or other objection has been made thereto.
          St. Johns, August 14 AD 1900

Geo. J. Adams
Ag. C C&Reg'r

Notice

After three days application will be made to the Honourable the Supreme Court or one of the Judges thereof that letters of administration of the Estate of Robert Rutherford late of Simcoe in the Province of Ontario, Canada, Commission Merchant deceased be granted to Andrew Rutherford of Harbor Grace, Newfoundland, Merchant
          St. Johns Aug 11 A.D. 1900
Whiteway & Johnson
Sol'r for applicant
WC
A.C.S.C.

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

The petition of Andrew Rutherford of Harbour Grace on the island of Newfoundland, Merchant

Humbly Sheweth

1. Robert Rutherford^{Commission Merchant} your petitioner's brother^nephew died intestate on the           day of           A.D. 1888? at Simcoe in the province of Ontario Canada, and was then possessed of certain estate in Newfoundland.
2. The said intestate left him surviving as next of kin his widow and two sons Robert and John.
3. The said widow has since died and the said sons reside outside the jurisdiction of your honourable court.
4. The said estate consists of 3 lots of uncleared land of 25, 20 and 16 acres each and one lot, of partly cleared land, of 20 acres, all situate on the Portugal Cove Road near Windsor Lake.
5. An agreement for sale of the last named lot of 20 acres for the sum of $250 as been effected.
6. The said estate does not exceed in value the sum of 400⁰⁰
7. No letters of administration of the said estate have been issued out of your honourable court.
8. The letters marked A and B and the power of attorney marked C hereto annexed have been
   
   
   
   Page 2
   
   
   been forwarded to your petitioner by the next of kin of the said intestate, who are desirous to realize the said estate.

          Your petitioner prays that letters of administration of the said estate be granted to him and as in duty bound will ever pray.
          Harbor Grace the 13^th day of August A.D. 1900

In presence of                                                            Andrew Rutherford
W. J. Lynch

In the matter of the Estate of
Robert Rutherford late of Simcoe
Ontario, Canada, Commission Merchant
deceased

Newfoundland
Harbour Grace; to wit
I Andrew Rutherford of Harbour Grace aforesaid merchant & the petitioner named in the foregoing petition make oath and say that to the best of my knowledge, information and belief a just and true inventory of the property of the said deceased at the time of his death is set out in paragraph 4 of said petition and that the several other matters and things in the said petition set forth are just and true as far as I can at present ascertain.
Sworn before me at Harbour                                        Andrew Rutherford
Grace aforesaid this 10^th day of
August A.D. 1900
W. J. Lynch
Commissioner, S.C.

Supreme Court

In the Estate of
Robt Rutherford
late of Simcoe
Ontario, deceased,
heretofore of
Hr. Grace in
Newfoundland

Petition of Andrew
Rutherford for letters
of adm'n

Fiat: The petition
will have to be signed
before papers ???.

Jos. J. Little
C.J.

Aug 14, 1897?

A

Simcoe July 30, 1900
Ontario

Dear Sir,
I referred your letter to my brother who has sent you power of attorney which has probably reached you. As I am under age (19) I am unable to do so.
In answer to your questions would say Mr. Rutherford died here in 1885. His widow died here also, in 1893; leaving two children my brother Robert and myself.
As we knew nothing of his Newfoundland property until you wrote I can tell you nothing of its value at his death.
To the best of my knowledge he left no will.
Yours,
John Rutherford

B

The Ray Chemical Co.
16 - 26 Locust St.
Detroit Mich.

Mr. Andrew Rutherford
Harbor Grace

Dear Sir,
          I enclose Power of Attorney to act for me in any way you consider best about the property,
          I have written my brother to send you all the information which you asked for and he has no doubt done so.
          This must be causing you a great deal of trouble but you may be sure that both my brother and I fully appreciate your kindness.
Yours respectfully,
Robert Rutherford

C

This instrument executed this 27^th day of July Anno Domini One Thousand Nine Hundred, WITNESSETH
          That I, Robert Rutherford, ??? of the City of Detroit, County of Wayne, State of Michigan, do, hereby and herein, constitute and appoint Andrew Rutherford, resident of Harbour Grace, Island or Colony of Newfoundland (great-uncle by blood), my true and lawful attorney, whereby the said Andrew Rutherford is authorized to execute any and all legal processes relating to or connected with my holdings in the said Island or Colony of Newfoundland, until such time as this instrument shall be legally revoked---said holding or estate having been inherited by me from my father, the late Robert Rutherford, Sen., of Simcoe, Province of Ontario, Dominion of Canada.
          And the said Andrew Rutherford is, hereby, empowered to dispose of for my benefit any and all, part or parcels, of my said estate in said Colony of Newfoundland, and to receive payment for the same, executing any legal instruments essential to the transfer of said estate in my name.
IN WITNESS whereof, I Robert Rutherford Jun., do hereby set my hand and seal, this 27^th day of July Anno Domini, One Thousand Nine Hundred.

                                                                                Robert Rutherford Jun.
Malcolm C. Verstine
Fred Vogt

          Personally appeared before me as a Notary Public for and in the County of Wayne, State of Michigan, the aforenamed Robert Rutherford, same being personally known to me, and who in my presence executed the within instrument this 27^th day of July A.D. 1900.
C.E. Verstine, Notary Public
For and in County of Wayne
State of Michigan

(Page blurry and difficult to read)

3735                    ??? ???

State of Michigan
???                    I William M. McGregor, clerk of said County, said clerk of the County of Wayne which is a Court of ?????????

Do hereby certify that C. E. Verstine ????????????

In testimony whereof I have hereunto subscribed my hand and affixed the seal of said Court and County at Detroit this 27^th of July A.D. 1900.

Wm M McGregor, Clerk
Ry John A. ??? Deputy Clerk

Know all Men by these Presents: That we Andrew Rutherford of Harbour Grace Merchant, Dugald Munn of Harbor Grace, Merchant, and A. C. Munn of Harbor Grace, Merchant, 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 Nine 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 the 16^th day of August in the year of our Lord 1900.

The Condition of this obligation is such that if the above named Andrew Rutherford as administrator of all the estate and effects, rights and credits of Robert Rutherford late of Simcoe, Ontario, in the Dominion of Canada deceased, (who died in the year 188?) 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 him the said Andrew Rutherford 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 further, do make, or cause to be made, a just and true account of his said administration within twelve months from this date, or whenever required by law so to do, and all the rest and residue of the said estate and effects, rights and credits, do deliver and pay unto such person or persons respectively as shall be entitled thereto under any law now in force or that may hereafter be in force in Newfoundland; and if it shall hereafter appear that any last will and testament was made by the deceased and the executor or executors therein named do exhibit the same unto the said Court, making request to have it allowed and approved accordingly, if the said Andrew Rutherford, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of no effect, or else to remain in full force and virtue.

Signed, Sealed and Delivered                                        Andrew Rutherford
in the presence of                                                           Dugald Munn
W. J. Lynch                                                                   A. G. Munn

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

In the Estate of Robert Rutherford deceased We Dugald Munn of Harbor Grace Merchant and A. G. Munn of Harbor Grade Merchant severally make oath and say:
That we are the proposed sureties on behalf of Andrew Rutherford the intended administrator of all and singular the estate and effects, rights and credits, of Robert Rutherford 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 Dugald Munn for myself make oath and say that I am worth property to the amount exceeding $1000.00 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 A.G. Munn for myself, make oath and say, that I am worth property to the amount exceeding $1000.00 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 Dugald Munn                                        Dugald Munn
and A.G. Munn were severally
sworn before me, this 16^th day of                                        A.G. Munn
August A.D. 1900 at Harbor Grace
in the Electoral District of Harbor
Grace.

W. J. Lynch
Commissioner, S.C.

In the Supreme Court

In re
Robert Rutherford
                    deceased

ADMINISTRATION BOND.

Sureties
Dugald Munn
A.G. Munn

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

In the Estate of Robert Rutherford late of Simcoe, Ontario, Canada, Commission Merchant,deceased,
I Andrew Rutherford of Harbor Grace, in the Electoral District of Harbour Grace in the Island of Newfoundland, Merchant, make oath and say that Robert Rutherford late of Simcoe in the Province of Ontario, Canada, being possessed of property at St. Johns in the Electoral District of St. Johns East in the Island aforesaid, died intestate, that I will well and faithfully administer the estate and effects of the testator by paying his just debts and distributing the residue of his estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testator and render a just and true account thereof whenever required by law so to do; that the said deceased died at Simcoe aforesaid on the          day of one thousand Eight hundred and eighty five; that at the time of his death, the said deceased had a fixed place of abode in Canada aforesaid; and that the gross value of the estate and effects, rights and credits of the said deceased is less than four hundred dollars, and no more, according to the best of my knowledge, information and belief.

Sworn at Harbour Grace in the                                        Andrew Rutherford
Electoral District of Harbour Grace
on this 16^th day of August
A.D. 1900 before me
W. J. Lynch
Commissioner, S.C.

1900

In the Supreme Court

In re
Robert Rutherford
                     deceased

OATH OF ADMINISTRATOR

Administration granted to
Andrew Rutherford
on the 3^rd day of September 1900

Value of Estate $ 400.00

Sureties: Dugald Munn
         A.G. Munn