Amos Blackler
          1901

Estate of Amos Blackler 1901
From LDS Microfilm #2057616

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

In the Estate of Amos Blackler, deceased
We, James P. Blackler and Arthur Blackler of Back Harbour, Twillingate, in the Electoral District of Twillingate, planters annually, make oath and say that we  believe the paper writing annexed to our petition for probate and marked A & B, to contain the true and original last Will and Testament, and codicil, of Amos Blackler, late of Twillingate, in the Electoral District of Twillingate, deceased: That we are the executors therein named, and that 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 us and by distributing the residue (if any) of the estate according to law; and that we 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 Back Harbour, Twillingate, on the eighth day of May, one thousand nine hundred and one and that the gross value of the estate and effects, rights and credits, of the said testator is five thousand six hundred and sixty dollars, and no more, according to the best of our knowledge information and belief.

Sworn at Twillingate in the                                        James P. Blackler
Electoral District of Twillingate
this nineth? day of December                                    Arthur Blackler
A.D. 1901 before me
by both of above named deponents

Thomas Peyton
Commissioner, Supreme Court

In the Supreme Court
----------

In re
Amos Blackler
deceased

OATH OF EXECUTOR

Probate granted on the 13^th day
of December 1901 to
James P. Blackler and
Arthur Blackler
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Value of Estate $ 5660⁰⁰
----------------

A

This is the last will and testament of Amos Blackler, of Back Harbour, Twillingate, Planter.

1^st I give to my wife, Catherine Blackler, my dwelling house in which I now reside with furniture and effects, for her use and benefit during the term of her natural life. It is also my will that my daughters, Mary Jane Blackler and Martha Blackler shall have a right of residence in my dwelling house so long as they remain unmarried, and continue to reside with their mother or brothers. After the decease of my wife, Catherine Blackler, the dwelling house and such of the furniture as remains in the house, not otherwise disposed of, shall become the property of my two sons, James Pride? Blackler and Arthur Blackler, they giving their mother such support and maintenance as may be??? in their power.

2^nd I give, devise and bequeath to my sons, James Pride? Blackler and Arthur Blackler, my fishing premises? plantation lands and gardens situate at Back Harbour, Twillingate, together with Stores, Stage, flakes and all erections thereon; also any fishing plant? namely Boats and traps, nets and seines, net moorings, grapnels, lines and twines of every description and every appliance appertaining to the fishing business, also my cattle that I may be possessed of at the time of my decease, and any sum or sums of money I may have in the fishing trade, or due to me at a ???able house or business. I give and bequeath the same to my sons James Pride? Blackler and Arthur Blackler, in equal portions, share and share alike, and whereas I have for some time past carried on the business of a planter fisherman at Back Harbour, Twillingate, and all decisions that the same shall be continued for the mutual benefit of my sons and family aforesaid.

Page 2

It is further my will that if either of my sons aforementioned shall separate himself from of the premises to reside and settle elsewhere, his interest in the land and premises shall cease, but he shall be entitled to his share of the fishery? plant, namely Boats, Cod traps, net, seines, lines & twines. ??? and the premises, lands and erections thereon shall be to the use and benefit of the son who remains on the premises and continues to conduct the fishery business as aforesaid, and it is my wish and desire that the lands and premises as bequeathed to my sons, James Pride? Blackler and Arthur Blackler, shall not be mortgaged, sold or conveyed out of the family, but that the same shall decend? to their heirs, male?, then liveing [sic] after the decease of my said sons.
Lastly I nominate and appoint my sons, James Pride? Blackler and Arthur Blackler, joint Executors of this my last will and testament.
Dated this twenty ninth day of May, one thousand eight hundred and ninety six, A.D. 1896.

Amos Blackler

Signed, sealed, published and declared as and for the last will and testament of the said Amos Blackler, in the presence of us who in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as Winesses. The same having been read over and approved of by the said testator.

Witness                               Thomas Peyton
May 29^th A.D. 1896          Alfred H. Peyton

Supreme Court

In the Will of
Amos Blackler
late of Back Hr,
Twillingate

Will, Codicil in-
ventory, proofs and
petition ?? probate

Fiat  Nov 16 /01

D. Morison
J

B

Memorandum expecting money held by me, now in the bank of Montreal, St. Johns.
I desire that the said money shall be the property of my two sons, James and Arthur Blackler, to be kept in their names in the Bank. The interest upon it to be given to my wife for her life, and then to revert to my aforesaid sons.

(Witnesses)                                                        his
Robert Temple                                        Amos X Blackler
Lucy Simms                                                     mark

I certify that the notice on the other side hereof written was duly posted in the office of the Registrar 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, 14^th November 1901

Geo. J. Adams
Clerk

Notice

After three days application will be made to the Honourable the Supreme Court or to one of the Judges thereof that probate of the will of Amos Blackler, late of Back Harbour, Twillingate, planter, deceased, be granted to James P. Blackler and Arthur Blackler, the executors named in the will.
          St. Johns, October 26 A.D. 1901
(Paper torn in margin so missing other initials:)
??A                    Whiteway & Johnson
Clerk                  Sol'rs for applicant

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

The petition of James P. Blackler and Arthur Blackler, both of Back Harbour, Twillingate, in the Island of Newfoundland, the executors named in the will of Amos Blackler, late of Back Harbour aforesaid, planter, deceased :-

Humbly Sheweth

1. Amos Blackler, late of Back Harbour, aforesaid, planter, died at Back Harbour, aforesaid, on the eighth day of May A.D. 1901, having previously made and published the paper writings hereto annexed, marked A and B, as and for his last Will and Testament.
2. Your petitioners are executors named in the said paper writing marked A.
3. The testator left him surviving his widow, Catherine Blackler, and six children (all of age) viz. Mary Jane Blackler, Ellen, now the wife of Edwin Colbourne, John Blackler, Samuel Blackler, and your two petitioners, Martha Blackler, the daughter referred to in the paper writing marked A, died in the lifetime of the testator, having never been married.
4. The value and description of the property of the testator at the time of his death as contained in the inventory hereto annexed, marked C, are to the best of our knowledge and belief, just and true as far as we can at present ascertain.
5. No letters of Administration of this estate, or of probate to any will of the said deceased, have been granted out of your Honourable Court.

Your petitioners pray that letters of probate to the said will be granted to them and as in duty bound will ever pray.
          Twillingate, the seventh day of November A.D. 1901

Witness                              James P. Blackler
Thos Peyton                     Arthur Blackler
J. P.

In the matter of the will
of Amos Blackler, late
of Back Harbour, Twillingate,
planter, deceased,

Newfoundland
Twillingate, to wit
          I, James P. Blackler, one of the petitioners named in the foregoing petition, make oath and say that the matters and things therein set forth are just and true to the best of my knowledge and belief.
Sworn before me at                                        James P. Blackler
Twillingate aforesaid
this 7^th day of November
A.D. 1901

                              Thomas Peyton
Nov 7^th                 Commissioner
A.D. 1901             Supreme Court

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

In the Estate of Amos Blackler late of Back Harbour
Twillingate, Planter DECEASED.

Inventory and Valuation of the Property of the said Deceased.

I, James P. Blackler of Twillingate, District of Twillingate,
make oath and say that I am one of the Executors of the Will of the late Amos Blackler, 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                                        James P. Blackler
Electoral District of Twillingate                                 Arthur Blackler
this seventh day of November
A.D. 1901, before me.

Thomas Peyton
Commissioner
Supreme Court

*This Inventory and Valuation may be verified under the Petition

In the Supreme Court

In re
Estate of late
Amos Blackler
Deceased.

INVENTORY.

In the Supreme Court
of Newfoundland

Newfoundland
Twillingate, To wit
          I, Thomas Peyton, of Twillingate, J. P. District of Twillingate, make oath and say that on the twenty nineth day of May, one thousand eight hundred and ninety six, I was present and did see Amos Blackler, late of Back Harbour, Twillingate, aforesaid, the testator named in the paper writing hereto 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 Alfred H. Peyton, the other subscribing witness thereto. That I and the said, Alfred H. Peyton, 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 to and approved of by the said Testator, in the presence of me and the said Alfred H. Peyton, and 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 to at Twillingate
this Sixteenth day of                                        Thomas H. Peyton J.P.
October A.D. 1901
Before me
Andrew J. Pearce
Commissioner of Affidavits
Supreme Court Nfld.

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

NEWFOUNDLAND
Twillingate   To Wit
I Robert Temple of Twillingate, aforesaid, Clerk in Holy Orders, make oath and say that on the first day of May, A.D. One Thousand Nine Hundred and one, at Twillingate, I was present and did see Amos Blackler, late of Back Harbour, Twillingate, the Testator named in the paper writing hereunto annexed, marked B, duly sign (by making his mark), publish and declare the said annexed paper writing as and for a Codicil to his last Will and Testament, in my presence and in the presence of Lucy Simms of Twillingate, aforesaid, the other subscribing witness thereto. That I and said Lucy Simms then and there signed our names to such paper writing or Codicil, as such witnesses, in the presence of the said Testator and of each other. That previously to the paper writing or Codicil being so signed as aforesaid, by the said Testator and the said witnesses, it was read over to and approved of by, the said Testator in the presence of me and the said Lucy Simms, and that at the time of the said execution of the said paper writing or Codicil, the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

Sworn at Twillingate                                                  Robert Temple
this Seventh day of November
A.D. 1901

Before me
Thomas Peyton
Commissioner of Affidavits, Supreme Court