Mark Whiteway
          1900

Estate of Mark Whiteway 1900
From LDS Microfilm #2057616

Certificate

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 the date and has since so remained posted and that no caveat or other objection has been made thereto.
          The 25^th day of May AD 1900

W. C. Carroll
A.C.S.C.

Notice

After three days application will be made to the Honourable the Supreme Court or one of the Judges thereof for letters of probate of the will of Mark Whiteway of Musgrave Harbour in the District of Fogo, planter, deceased, to be granted to John R. Whiteway and Moses Whiteway, the executors named in the said will.
          St. Johns May 21, 1900
D.M.B.          Whiteway& Johnson
                       Sol'rs for applicant

AFFIDAVIT
----------

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

NEWFOUNDLAND
Musgrave Harbour   To Wit          We John R. Whiteway of Musgrave Harbour, Planter, and Moses Whiteway of same place, Planter, do swear that we believe this to be the true Last Will and Testament of Mark Whiteway, late of Musgrave Harbour in the District of Fogo, Planter, deceased, and 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 Mark Whiteway, deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of Three hundred and forty dollars

So help us God

Sworn at Musgrave Harbour                                        John R. Whiteway
by the above named deponents
this 6^th day of June A.D. 1900                                     Moses Whiteway

Before me

John B. Wheeler
JP
Commissioner of Affidavits, Supreme Court

1900

Estate of Mark Whiteway
late of Musgrave Harbour
in the Northern District
Planter deceased

Probate granted to John
R. Whiteway and Moses
Whiteway of Musgrave
Harbour, in the Electoral District
of Fogo, Planters
the Executors,
named in the Will.

Dated 16^th June 1900

Sureties

Estate sworn under $ 340⁰⁰

The Hon'r Jos. J. Little   Chief Justice
Geo. H. Emerson   Judge
D. Morison          Judge

D. M. Browning
 Chief Clerk and Registrar

E??? 16^th June 1900
Vol. 5
Fol. 283

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

The petition of John R. Whiteway of Musgrave Harbour, District of Fogo, planter, and Moses Whiteway of same place, planter,

Humbly Sheweth

1. Mark Whiteway of Musgrave Harbour, aforesaid, planter, died on the 16^th day of January A.D. 1898, having first made his last will and testament which is hereto annexed, marked A.
2. Your petitioners are the executors named in the said will.
3. The testator left him surviving his wife Elizabeth, two brothers viz; William and John K?, two sisters, viz: Theresa, married to Joseph Hayward, and Fanny, married to Thomas Wellon, and seven nephews and nieces, children of deceased sister, Elizabeth.
4. The value of the estate of which the testator died possessed does not exceed in value the sum of $400.00 and an inventory of the same is set out in the schedule hereto annexed, marked B, which inventory shows the value, to the best of my belief.
5. No letters of administration of the said estate, nor probate of any will of the said testator has been granted.

          Your petitioners pray that probate of the said will be granted to them and as in duty bound will ever pray.
          Dated at St. Johns this 22^nd day of May A.D. 1900

John R. Whiteway

Schedule B

Inventory of the estate of Mark Whiteway of Musgrave Harbour, planter, deceased.

John R. Whiteway

In the matter of the Estate of
Mark Whiteway of Musgrave
Harbour, planter, deceased

Newfoundland
St. Johns to wit
I John R. Whiteway of Murgrave Harbour, aforesaid, planter, one of the petitioners named in the foregoing petition, make oath and say that the matters and things in the foregoing petition set out and in the schedule marked B thereto annexed, are just and true to the best of my knowledge and belief.
John R. Whiteway
Sworn before me at St. Johns
aforesaid this 22^nd day of May
A.D. 1900.
D, F. Kent
Commissioner of affts

Supreme Court

In the matter of the
estate of Mark Whiteway
of Musgrave Harbour
planter, deceased.

Petition for probate
&c

Fiat for Probate to
both Executors

May 25, 1900

D. Morison
J

A

Musgrave Hr.
December 18, 1897

In the name of God Amen
I hereby give & bequeath to my wife, Elizabeth, all my lands, houses, goods & chattels contained therein to have & to hold as her own personal property until the day of her death, all my personal property of every description wherever found
Furthermore, I give & bequeath to Martin West all that grant of land upon the Ridge? to have & to hold as his own property for ever.
I furthermore desire that Martin West shall have all power & control to use all this my property,^{(for the space of 15 years)} as his own property, provided he supports and in every way lawfully cares for my wife Elizabeth in all the common necessaries of life,
But in case the said Martin West shall refuse to take care, provide

Page 2

and act as guardian of my wife & do not lawfully support & care for her, then he shall no longer have or hold this my property as the guardian of my wife but he shall instantly ??? and deliver over to my Executors whom I here appoint all this my property to have and to hold for her maintenance until her death.
I furthermore desire that after the term of 15 years is expired which Martin West has now power & control of this my property, that these my three nephews Josiah Whiteway, Mark Hayward, Allan? Hayward shall receive power from my Executors to hold the same property in trust for my wife until the day of her death.
I hereby appoint John R. Whiteway my brother & Moses Whiteway to be my executors & to see this my will

Page 3

carried into execution & to provide to my wifes maintenance with this my property.
I also desire that my executors at my wife's death or whenever they receive this my property in trust, to give to Josiah Whiteway all my right and title of property known as my own, & also all my right and title of my father [sic] property also, with all the property attached to it also, and also I desire to give Mark Hayward & Allan Hayward all my right & title to my own property known as granted land or the Farm, to have and to hold as their own for ever, in witness hereof we here set our hand and seals hereunto,

Signed Mark Whiteway

Witness
John B. Wheeler
J. Pence?
Noah Whiteway

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

NEWFOUNDLAND
          To Wit
I John B. Wheeler of Musgrave Harbour in the District of Fogo, Newfoundland, Postmaster at said harbour make oath and say that on the 18^th day of December A.D. One Thousand eight Hundred and ninety seven I was present and did see Mark Whiteway late of Musgrave Harbour aforesaid, 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 Noah Whiteway of Musgrave Harbour aforesaid, planter, the other subscribing witness thereto. That I and said Noah Whiteway 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 Deponent's knowledge and belief.

Sworn at St. Johns aforesaid                                        John B. Wheeler
this 22^nd day of May
A.D. 1900

Before me
D. F. Kent
Commissioner of Affidavits, Supreme Court