In the Supreme Court

In re:
Frederick Rupert Martin
deceased.

OATH OF EXECUTOR

Probate granted to Cecil Martin
on the 6^th day of August
A.D. 1940

Value of Estate $ 8,381.37
Volume 10 Folio 80


OFFICE OF THE ASSESSOR OF TAXES
ST. JOHN'S, NEWFOUNDLAND

IN RE ESTATE                      In the Supreme Court
Frederick Rupert Martin
Deceased

       In pursuance of the provisions of "The Death Duties Act, No. 7 of 1934" and Amendments thereof, I hereby certify that the value of the said estate, after making allowance for debts incurred during the lifetime of the deceased, and due and payable at the time of his death was $8381.37 and the sum of $266.53 being the duties specified in the Schedule of the said Acts have been duly paid, and the receipt thereof is hereby acknowledged.

Dated at St. John's this 6^th
day of August 1940
                John Simon
                ASSESSOR

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

The Petition of Cecil Martin of Port aux Basques, in the Island of Newfoundland, Merchant.
          HUMBLY SHEWETH:

      Neither Letters of Probate of any Will nor Administration to the said Estate of the said deceased have been granted to any person nor had anyone applied for the same other than your Petitioner by this Petition.
      Your Petitioner therefore prays that your Honourable Court or your Lordship mill be pleased to grant unto him Letters of Probate of the said Will and Estate of the said deceased.
      And as in duty bound will ever pray etc.

Dated the 3 day of August A. D. 1940.
Cecil Martin LS
Newfoundland,
Port aux Basques,
To Wit:

Written to left of Point 3
Fiat W H Horwood CJ
August 6/40

      I, Cecil Martin, of Port aux Basques aforesaid, Merchant, make oath and say as follows:

1. I am the Petitioner in the foregoing Petition named.
2. The several matters and things therein contained are Just correct and true to the best of my knowledge information and belief.

SWORN at Port aux Basques :
the 3^rd. day of August :
A. D. 1940 before me :
Cecil Martin LS
R. Parsons :

Commissioner of the
Supreme Court of Newfoundland

PROOF OF WILL
In the Supreme Court
IN THE ESTATE OF
Frederick Rupert Martin DECEASED

I, Rev. George Martin of Channel in the District of Burgeo in the Island of Newfoundland, Clerk in Holy Orders make oath and say, that on the 21^st day of February A.D., One thousand Nine hundred and Thirty nine was present and did see Frederick Rupert Martin late of Port aux Basques in the District of Burgeo , in the Island aforesaid, Merchant 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 William Gordon Legge the other subscribing witness thereto. That I and said William Gordon Legge then and there signed our names to such Will as such Witnesses, in the presence of the said Testator 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 my knowledge and belief.

Sworn at Port aux Basques on the
second day of August                      George Martin LS
A.D. 1940 , before me.
A. R. Parsons
Commissioner of the
Supreme Court of Newfoundland. Clerk

 "A"

This is the Last Will of Frederick Rupert Martin referred to in the petition of Cecil Martin and proven upon the affidavit of Rev. George Martin
R. Parsons
Commissioner

This is the Last Will and Testament of me Frederick Rupert Martin at Port aux Basques in the Island of Newfoundland made this twenty first day of February in the year of our Lord one thousand nine hundred and thirty-nine.

      I hereby revoke all Wills made by me at any time heretofore. I appoint my brother, Cecil Martin, to be my Executor. I give and bequeath unto Isabelle Armah Martin, my wife, my dwelling house with household effects complete, and the land on which it is situate; also all insurance monies, joint and otherwise.

       I give and bequeath unto my son, Austin Joseph Martin, one half of my interest in the firm of Martin Bros. also thirty-one shares in the boatrs Ethel Martin and Rosie Martin and entire share of the premises of Martin Bros. All the above bequest is made subject to the provision that my brother, Cecil Martin, be recognized at all times by the said Austin Joseph Martin as the senior partner and head of the firm of Martin Bros. Also I give and bequeath unto my son, Austin Joseph Martin, my share in the land at Grand Bay.

       I give and bequeath unto my daughter, Rosie Martin, one half of my interest in the firm of Martin Bros. subject to the provision that one hold such interest until such time as she may marry when the disposal of the said half shall be made in one of the three following ways at the discretion of my brother Cecil Martin
(1) said third half to remain in her possession
(2) said half to be bought by the other member of the firm
(3) said half to be sold to outside interests
      I make the further provision with respects to the dealing of the members of the firm of Martin Bros. , Cecil Martin, Austin Joseph Martin, and Rosie Martin, with each other that in the event of serious dispute arising such dispute shall be settled by arbitration of three persons, one person to be named by each person of the firm.
      I give and bequeath unto my brother Cecil Martin, thirty shares in each of the boats Ethel Martin and Rosie Martin and my whole interest in the land situate at Mouse Island.
      All the residue of my Estate I give and bequeath unto my wife, Isabelle Armah Martin, my son Austin Joseph Martin and my daughter Rosie Martin in equal shares.

Signed,
Frederick Rupert Martin

Oath of Executor

In the Supreme Court of Newfoundland

In the Estate of
Frederick Rupert Martin Deceased.

I Cecil Martin of Port aux Basques in the District of Merchant , make oath and say that Frederick Ropert Martin late of Port aux Basques , in the district of Merchant 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 testat or by paying his just debts and the 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 testat or , and render a just and true account thereof whenever required by law so to do; that the testat or died at Port aux Basques on the 17^th day of July one thousand nine hundred and Thirty-nine ; and that the gross value of the estate and effects of the said testat or is Eight thousand Three hundred and Eighty-one-------------------------------------------- 37/00 dollars and no more, according to the best of my knowledge, information and belief.

Sworn at Port aux Basques this
3^rd day of August                         Cecil Martin
A.D. 1940 , before me.

R. Parsons
Commissioner of the
Supreme Court of Newfoundland.

Notes for transcription

Frederick Rupert Martin was a son of Jonathan Austin Martin and Rosannah Bragg of the Channel Port aux Basques area.

Jonathan Austin Martin went by the name of Austin and he was a son of Jonathan Martin and Julia Ann Parsons of Harbour Grace.

Julia is believed to be a daughter of William Parsons and Catherine Munden.

Austin Martin married Rosannah Bragg (daughter of John William Bragg), in Channel 20 August 1876. They had nine children. Alexander, John, William, Charles, Samson, Frederick, Ethel, Cecil and Clarence.

My research indicates that Austin left the Harbour Grace area after Jan 1874 and before August 1876.

My research strongly indicates that Nathaniel Martin who died 23 April 1908 in Gravels on the Port au Port area was a brother of Austin.

Austin Martin died in Port aux Basques 28 Aug 1915. Rosannah Bragg Martin died in Channel 19 March 1894 from consumption (TB).

After the death of Rosannah, Austin married Margaretta Pieroway.

Frederick Martin married Isabella Armah McKay from Stephenville Crossing 18 January 1910 in Stephenville Crossing.

Isabella died in 1950. Son Austin died in Fredericton in May, 1999 and daughter Rosa Billiard died May 1988.

Jonathan Martin of Harbour Grace, father of Jonathan Austin Martin, was a descendant of the line of William Martin from Guernsey who came into Newfoundland circa 1730 via Trinity.

Information on this line was published by the Family History Society of Newfoundland and Labrador Magazine in 2001 through the research of Evelyn Randall. Evelyn had also been collaborating with the late David Nightingale who had two Martin connections to resolve from Harbour Grace. I feel for their efforts in the pre-internet age.

My great grandmother Elizabeth Martin was a descendant of this William Martin line. My Martin line is likewise from the Channel Islands (possibly Jersey) and then Harbour Grace. The oral history of the Protestant Martins of Harbour Grace is that they came from the Channel Islands. The late W A Munn also documented an oral tradition:

Mr. Munn of St. John's writes: "I firmly believe that the Jersey-men were here in Newfoundland twenty, possibly fifty years before the arrival of John Cabot in 1497 and that Henry Le Messurier's suggestion of their being blown there on the way to Iceland has every appearance of being correct. There is a tradition in the Martin family at Harbour Grace that an ancestor sailed from Jersey about 1450 to fish in Iceland waters, but was induced by an Irishman named Joyce, whom they met in the Orkney Islands, to go to Newfoundland waters and they made Harbour Grace their headquarters.

NEWFOUNDLAND AND THE CHANNEL ISLANDS.

Newfoundland and the Channel Islands
by A. C. Saunders, Paymaster-Commander R.N.R.,

Hon. Librarian, Societe Jersiaise,

From page 45 the 1933 Transactions of La Societe Guernesiaise

Reverend George Martin is not a direct relation of this Martin line based on current research. He married Barbara Edith Pittman of Lamaline which suggests that his provenance may be with the Martins of the Burin area. Reverend George Martin died in St. John`s 21 October 1989. Cabot Martin, the lawyer and business person, well known in Newfoundland, is a son. Cabot is probably named after John Cabot Fitzgerald from Harbour Grace. JC Fitzgerald married Caroline Margaret Pittman, sister to the wife of Reverend George Martin. The parents of JC Fitzgerald were Henry Frederic Fitzgerald and Marion Martin from Harbour Grace. Marion was a daughter of Matthew Martin, brother to my great grandfather Frederick Martin.