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A Collection of Newfoundland Wills
(K)
Samuel Kelland

 

 

Part 1 - Contributed by Raelene Earle

In the Supreme Court

In re Samuel Kelland, New Perlican       deceased

Oath of Executor

Probate granted to
Edgar Kelland
On the 29th day of June
A.D. 1921
Value of Estate $600.00

Vol. 7, Folio 619

To the Honourable the Supreme Court
Or to one of the Honourable Judges thereof.

The Petition of Edgar Kelland of Heart's Content, Railway-man Humbly Sheweth:

  1. That Samuel Kelland, the father of your Petitioner, formerly of New Perlican but late of Heart's Content, Trinity Bay, Fisherman, died at Heart's Content, on the 29th day of March 1921, having first made and published as and for his last will and testament, the paper writing hereto annexed marked "A", which has been duly proven upon the affidavit of Luke Pittman J.P. hereto annexed marked "B"
  2. That he left him surviving as next of kin, his widow, Rachel and one son, your Petitioner.
  3. That at the time of his death he was possessed or property within the jurisdiction of this Honourable Court of the value of $600.00, as shown by the Inventory hereto annexed marked "C", which is a just, full and true account of his said Estate,
  4. That no Probate or Administration to the said Estate has heretofore been granted or applied for.
  5. That by the said Will your Petitioner was appointed Executor.

Your Petitioner therefore prays that Letters of Probate to the said Estate be granted to him.

And as in duty bound your Petitioner will ever pray.

Dated, St. John's, June 24th A.D. 1921.
Edgar Kelland

In the margin
Fiat
28 June 1921
Geo. Jo???
????

This is the paper working referred to by the ???? affidavit of ??? ??? This is the will referred to by annexed petition of Edgar Kelland.
Signed Edgar Kelland
CGR
Commissioner

Will

Know all men by these presents that I Samuel Kelland of New Perlican, Trinity Bay in the Dominion of Newfoundland, being in poor health but of a sound and disposing mind and memory, do make and publish this, my last will and testament, hereby revoking all former wills by me at any time heretofore made.

And as to my worldly estate, and all the property, real, personal, or mixed of which I shall die seized or possessed or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to wit.

First, my will is that all my just debts and funeral expenses, shall by my executor hereinafter named be paid out of my estate, as soon after my decease as shall by him be found convenient.

Item. I give and bequeath to my honoured wife Rachel all my household furniture, and one third part of the large meadow on Spelling Hill, such part is to be the middle section. To my daughter Paula Mills and my son Edgar the two other parts the one taking the East and the other the West section.

All the rest of my estate, real, personal, or mixed of which I shall die seized and possessed, of which I shall be entitled at my decease, I give, devise, and bequeath to my son Edgar to have and to hold the same to him his heirs and assigns to his and their use and behalf forever.

And, lastly, I do nominate and appoint my said son Edgar to be the executor of this my last will and testament.

In testimony whereof, I Samuel Kelland have to this my last will and testament subscribed my name this 27th day of June in the year of our Lord one thousand nine hundred and eighteen.
Samuel his X mark Kelland

Signed sealed and declared by the said Samuel Kelland in the presence of us and of each other.
Witnesses William Matthews
Luke Pittman
J.P.

(written in top margin of the above page) Hereto annexed made before me on the 25th day of June 1920, is referred to is the last will & testament of Samuel Kelland the testator named in the said will
C.G. Randell, Commissioner

"B"

Oath of Executor
J. W. Withers, Kings Printer

In the Supreme Court of Newfoundland

In the Estate of Samuel Kelland     Deceased.

I, Edgar Kelland of Hearts Content, in the Electoral District of Trinity railwayman, make oath and say that Samuel Kelland Late of Heart's Content, in the Electoral District of Trinity Fisherman deceased died with a Will, that I am the executor Therein named; that I will well and faithfully administer the estate and Effects of the testator by paying his just debts and legacies contained in His will so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said 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 testator died at Heart's Content aforesaid on the 29th day of March, one thousand nine hundred twenty one; and that the gross value of the estate and effects of the said testator is six hundred dollars, and no more, according to the best of my knowledge, information and belief.
Edgar Kelland

Sworn at Heart's Content this ???th day of June A.D. 1921, before me, C. G. Rendell
Commissioner Supreme Court


Part 2 - Contributed by Judy Benson

Will of Samuel Kelland
from Newfoundland will books volume 12 page 55 probate year 1921

In re
     SAMUEL KELLAND.      DECEASED.

Know all men by these presents That I Samuel Kelland of New Perlican, Trinity Bay in the Dominion of Newfoundland, being in poor health but of a sound and disposing mind and memory, do make and publish this, my last will and testament, hereby revoking all former wills by me at any time heretofore made. And as to my wordly estate, and all the property, real, personal or mixed, of which I shall die seized or possessed or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to wit.

  • FIRST. My will is that all my just debts and funeral expenses shall by my Executor hereinafter named, be paid out of my Estate, as soon after my decease as shall by him be found convenient.
  • ITEM. I give and bequeath to my honoured wife Rachel, all my household furniture, and one third part of the large meadow on Spelling Hill, such part is to be the middle section. To my daughter Paulina Mills and my son Edgar the two other parts the one taking the East and the other the West section.
  • All the rest of my Estate, real, personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease, I give, devise and bequeath to my son Edgar to have and to hold the same to him his heirs and assigns to his and their use and behoof forever.
  • And, lastly, I do nominate and appoint my said son Edgar to be the executor of this my last will and testament.

In testimony whereof, I Samuel Kelland have to this my last will and testament subscribed my name this 27th day of June in the year of Our Lord One thousand nine hundred and eighteen SAMUEL his X mark KELLAND
Signed sealed and declared by the said Samuel Kelland in the presence of us and of each other.
Witnesses William Matthews    Luke Pittman J. P.

CORRECT.
William F. Lloyd
Registrar of the Supreme Court of Newfoundland

(Listed in the Margin next to this will the following)
Fiat June 28/21
Johnson J.
Probate granted
to Edgar Kelland
June 29th, 1921
Estate sworn
at $600.00

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Part 1 contributed by Raelene Earle

Part 2 contributed by Judy Benson

REVISED BY: Ivy F. Benoit May 30, 2002

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