Edward Churchill
          1901

Estate of Edward Churchill 1901
From LDS Microfilm #2057616

NOTICE

After three days from the date hereof, application will be made to the Honorable the Supreme Court or one of their Lordships the judges thereof, for probate of the last will and testament of Edward Churchill late of Portugal Cove, Farmer, deceased, to be granted to Peter Churchill and Alfred Churchill, the Executors named in the said will.
          St. Johns, this 23^rd day of April A.D. 1900.

W.J.C.            W. H. Horwood
A.C.S.C.          Solicitor for Applicant

Certificate

This is to certify that the notice on the other side hereof written has been posted in this office from the date thereof until this date inclusive and that no caveat or other objection has been entered thereto.
          St. Johns May 22^nd A.D. 1900

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

A

Peter^hisX_markChurchill Executor
A.C.

In the name of the Father and the Son and the Holy Ghost, amen,
I Edward Churchill Farmer resident at Portugal Cove in the Electoral District of St. Johns East in the Island of Newfoundland, do declare this to be my last will and testament. To my son Peter Churchill I give and bequeath the house I now live together with all the furniture it contains with the exception of my bed stead, My bedstead I give to my grandson George Churchill. To my two grandsons George and Andrew sons of my son the late John Churchill I give and bequeath sufficient of my water-side premises at Portugal Cove on which to erect one fishing stage and one flake for the cure of fish with right of approach thereto over my land. The said flake and stage to be the joint property of my grandsons aforesaid they each to share and share alike in the ownership of the said portion of my waterside? premises. The whole of the remainder of my waterside premises together with all my farm land I hereby give and bequeath to my three sons Peter Churchill, Elfred Churchill and Elijah Churchill they each to share and share alike in the ownership thereof both in reference to the waterside premises and the farmland.
I especially desire that my three aforesaid sons do share kindness to my daughters and their sister Jane Somerton. I appoint my two sons Peter Churchill and Alfred Churchill to be the Executors of this my last will and testament.
Witness my hand at Portugal Cove on this Tenth day of March anno domini one thousand eight hundred and ninety eight.

Signed and declared to be                                        Edward^hisX_markChurchill
his last will and Testament
by the testator in our presence
who in his presence and that
of each other have hereunto
subscribed our signatures this
tenth day of March A.D. 1898
Walter R. Smith
Mary Smith
John H. Joy?
Constable

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

NEWFOUNDLAND
St. John's   To Wit
I Walter R. Smith of Portugal Cove, Newfoundland aforesaid, Clerk in Holy Orders, make oath and say that on the Tenth day of March A.D. One Thousand eight Hundred and ninety eight at Portugal Cove aforesaid I was present and did see Edward Churchill late of Portugal Cove, aforesaid, Farmer,  the Testator named in the paper writing hereunto annexed, marked A, duly sign (by making his mark), publish and declare the said annexed paper writing as and for his last Will and Testament, in my presence and in the presence of Mary Smith and John H. Ley? the other subscribing witnesses thereto. That I and said Mary Smith and John H. Ley 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 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 Mary Smith and John H. Ley 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                                        Walter R. Smith
this17^thday of July
A.D. 1900
Before me

W. C. Carroll
Commissioner of Affidavits, Supreme Court

To the Honorable the Supreme Court of Newfoundland or one of their Lordships the Judges thereof.

The Petition of Peter Churchill of Portugal Cove in the Island of Newfoundland, Farmer, and Alfred Churchill of the same place, Farmers.

Humbly Sheweth

1. That Edward Churchill late of Portugal Cove aforesaid, Farmer, died at that place on or about the 20^th day of March A.D. 1899.
2. That hereto annexed is the Last Will and Testament of the said Edward Churchill of which your petitioners were appointed Executors.
3. That the said Testator at the time of his death was possessed of certain property and estate within the jurisdiction of your Honorable Court of the probable value of Four Hundred dollars and that hereto annexed is an inventory and valuation of the said property and estate.
4. That the said Testator left him surviving as next of kin the following children, viz :-
   
   
   
   Page 2
   
   
   Mrs. Elizabeth Fry, Mrs. Jane Somerton, Elijah Churchill and your petitioners, and two grandsons, George Churchill and Andrew Churchill.
5. That no application for Probate of the said Will or for administration of the said estate has heretofore been made to your Honorable Court

          Your Petitioners therefore humbly pray that your Honorable Court or one of your Lordships the Judges thereof will be pleased to grant unto them Probate of the Will of the said Edward Churchill deceased.
          And, as in duty bound, your Petitioners will ever pray, etc,
          Dated at Saint Johns this 11^th day of July A.D. 1900

Peter^hisX_markChurchill
mark

Alfred^hisX_markChurchill

Witness
George Hall

Newfoundland
St. Johns, to wit
I, Alfred Churchill, of Portugal Cove in the Island of Newfoundland aforesaid, Farmer, one of the Petitioners named in the foregoing petition, make oath and say that the several matters and things therein contained and set forth are correct and true.

Sworn before me at
St. Johns aforesaid this                                        Alfred^hisX_markChurchill
11^th day of July A.D. 1900
(the same having been first
read over and explained to
deponent who seemed perfectly
to understand the same
Simon Butler
Commissioner of Affts S.C.

Supreme Court

In the matter of the Estate
of Edward Churchill Portugal
Cove, Farmer, deceased.

Petition for probate

Fiat for Probate

(Illegible)   J. J. Little
          CJ

July 29^th? 1900

In the Supreme Court
of Newfoundland

In the matter of the Estate
of Edward Churchill late of
Portugal Cove in the Island
of Newfoundland, Farmer, deceased.

Inventory and Valuation of the property of the said deceased.

Land, houses, stable, fishing stages and fish flake                                        $400.00

Newfoundland
St. Johns to wit
I, Alfred Churchill, of Portugal Cove in the Island of Newfoundland, farmer, make oath and say that I am one of the Executors of the will of Edward Churchill, late of Portugal Cove, aforesaid, Farmer, deceased, 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 so far as I can at present ascertain.
Sworn before me at St. Johns
aforesaid, this 11^th day of                                        Alfred^hisX_markChurchill
July A.D. 1900, (the same
having first been read over
and explained.
Simon Butler
Commissioner of Affts, SC

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

In the Estate of Edward Churchill deceased
I Peter Churchill of Portugal Cove in the Electoral District of St. Johns East, Farmer make oath and say:
That I believe the paper writing hereto annexed and marked by me to contain the true and original last Will and Testament of Edward Churchill late of Portugal Cove in the Electoral District of St. Johns East. deceased : That I am one of the Executors therein named and that I will well and faithfully administer the estate and effects of the testator by paying his just debts and the legacies contained in Will and by distributing the residue of the said estate, rights and credits according to law: and that I 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 Portugal Cove aforesaid, on the Twentieth day of March one thousand eight hundred and ninety nine and that the gross value of the estate and effects, rights and credits of the said testator is Four hundred dollars, and no more, according to the best of my knowledge, information and belief.

Sworn at St. Johns in the
Electoral District of St. Johns                                        Peter^hisX_markChurchill
East this 28^th day of December
A.D. 1900, before me, having been
first read over and explained to
Deponent who made his mark in
my presence and who seemed to
perfectly understand the contents.

Geo. J. Adams
Clerk

In the Supreme Court

In re
Edward Churchill
deceased

OATH OF EXECUTOR
Peter Churchill

Probate granted on the 2^nd day of
January 1901 to
Alfred & Peter Churchill the sons
named in the will.

Value of Estate $ 400.00

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

In the Estate of Edward Churchill deceased
I, Alfred Churchill of Portugal Cove in the Electoral District of St. Johns East, Fisherman, make oath and say that I believe the paper writing hereto annexed and marked by me to contain the true and original last Will and Testament of Edward Churchill late of Portugal Cove in the Electoral District of St. Johns East deceased: That I am one of the executors therein named, and that I 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 and by distributing the residue (if any) of the estate according to law; and that 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 Portugal Cove aforesaid on the twentieth day of March one thousand eight hundred and ninety nine and that the gross value of the estate and effects, rights and credits, of the said testator is four hundred dollars, and no more, according to the best of my knowledge, information and belief.

Sworn at St. Johns in the                                        Alfred Churchill
Electoral District of St. Johns
this 31^st day of December
A.D. 1900 before me

Geo. J. Adams
Clerk

In the Supreme Court

In re
Edward Churchill
deceased

OATH OF EXECUTOR
Alfred Churchill

Probate granted on the 2^nd day
of January 1901 to
Alfred & Peter Churchill,
the Executors named in the Will

Value of Estate $400.00