1888

Haines John

(Name also written sideways on this page as John Haines)

(Name is at times spelled as Haines & Hains)

(Transcriber's note: This page has deteriorated badly and there is some loss of data)

SUPREME COURT OF ????????????

          I do swear th?? ?????????????????????
Hans? Oake? of Middle Bight in the Central District of Newfoundland deceased, died with_______ Will, and that I will well and truly ?????? all and every the Goods of the said deceased and pay his debts ????
???? his Goods will extend, and that I will exhibit a true, full ??????????????
Inventory of the said Goods of the deceased, and render a true account ?????
Administration into the Registry of the said Court, within six months ?????????
date hereof, or when I shall ?????? ??ereunto lawfully required, and that ?????
????????????? ?????????????????????? ???ion of this Court ???????????
???????? ???????? ????????? ??????  judgment and belief, amount to the the value of ??? hundred and fifty dollars

Sworn before me at Middle Bight                                his
this 20^th day of                                                  Robert X Hains
December A.D. 1881 (having                                      mark
been first read over and explained)

          Francis F. Furneaux
          Commissioner of Affidavits

After three days application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for administration with the will annexed of the Estate and Effects of John Hains late of Middle Bight Farmer deceased to be granted to his Son Robert Hains of Middle Bight aforesaid Farmer
          St. Johns November 26. 1888
          D. Morrison
          Proct. for Applicant

(Stamped by Registrar's seal of Office
November 26, 1888, St. Johns
Newfoundland)

I certify that the notice on the other side hereof written was posted at my office on the day of the date thereof and has remained there until this day and that no caveat or other objection has been entered thereto
          St. Johns Dec 1.1888

Geo. I. Adams
Comm'r Affdts

Supreme Court
of Newfoundland

Middle Bight
to wit
          John Haines Senior, of Middle Bight in the Central District Fisherman maketh oath and saith that on the eleventh day of April AD 1888 at Middle Bight aforesaid he this deponent was present and did see John Hains late of Middle Bight, South Shore, Conception Bay Farmer, deceased the Testator named in the paper writing hereto 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 the presence of this deponent and of Francis F. Furneaux the other subscribing witness thereto and that before so doing the said paper writing was read over and explained to the said Testator. That deponent and said Francis F. Furneaux then and there signed their names as said witnesses to such Will in the presence of the said testator and of each other. That on the 12^th day of April Anno Domini one thousand eight hundred and eighty eight at Middle Bight aforesaid he this deponent was present and did see the said John Hains deceased duly sign by making his mark publish and declare the paper writing hereto annexed marked "B" as and for a Codicil to his said last will and Testament in the presence of this deponent and of the said Francis F. Furneaux the other subscribing witness thereto and that

before so doing the said paper writing was read over and explained to the said Testator
That deponent and the said Francis F. Furneaux then and there signed their names to such paper writing as such witnesses in the presence of the said testator and of each other and that at the time of the execution of the said respective paper writing the said Testator was of sound and disposing mind memory and understanding to the best of deponent's knowledge and belief.

Sworn before me at
Middle Bight aforesaid                              John Hains
this 23^rd day of
October A.D. 1888

          Francis F. Furneaux
          Commissioner of Affidavits

A

Supreme Court

In the matter of the Estate
and will of John Hains late of
Middle Bight farmer deceased

          We the undersigned next of kin of said deceased hereby consent that Letters of Administration with the Will annexed of his Estate and effects shall be granted to Robert Hains of Middle Bight
          Dated at Middle Bight this 23^rd day of October AD. 1888

Samuel Hains

                                                                   her
Witness (first read                              Ann X Petten
and explained)                                           mark
                                                            James Griffen

Lawrence Anderson?
Mary Coats?

B

Supreme Court

Newfoundland         }
Middle Bight to wit }James Griffen of Middle Bight aforesaid Fisherman maketh oath and saith that he was present and did see the persons whose names are subscribed to the foregoing memorandum of consent duly sign the same and that before so doing the same was read over and explained to the said parties

Sworn before me at
Middle Bight this 23^rd?
day of October AD 1888                    James Griffen
Francis F. Furneaux
Comm'r of Affdts
Supreme Court

C

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

          The petition of Robert Hains of Middle Bight in the Central District Farmer

Humbly Sheweth

          That John Hains late of Middle Bight aforesaid Farmer died there in the month of April last having previously made and executed his last will and testament which is hereto annexed.
          That the said deceased by his said will omitted to nominate or appoint any executor thereof.
          That said deceased left him surviving his widow Ann Hains, three sons namely (1) John (2) Robert and (3) Samuel and four daughters namely (1) Ann wife of Nicholas Petten (2) Sarah Wife of John Butler (3) Zavinia wife of William Andrews and (4) Mary wife of David Coates?
          That annexed hereto is the consent of the said next of kin of deceased to a grant of Letters of Administration of his estate with the said will annexed to Your petition.
          That said deceased at the time of his

death was possessed of property of the probable value of Six Hundred dollars and that no probate of any will nor administration of his estate has been granted
          Petitioner therefore prays that administration of the estate of said deceased with the said will annexed may be granted to him
          And as in duty bound he will ever pray &c
          Dated at middle Bight this           day of October A.D. 1888 (day of month not provided)

Francis F. Furneaux

D

Supreme Court

Newfoundland }
to wit                }Robert Hains
          of Middle Bight in the Central District Farmer the Petitioner named in the foregoing petition maketh oath and saith that the several matters and things therein set forth and contained are correct and true.

Sworn before me at                                                his
Middle Bight aforesaid                              Robert X Hains
this 20^th day of October                                        mark
A.D. 1888

Francis F. Furneaux
Comm'r of Affdts
Supreme Court

Supreme Court

In the matter of the
estate and will of
John Hains late of
Middle Bight Farmer
deceased

Petition for Adminis-
tration with the will
annexed

SUPREME COURT OF NEWFOUNDLAND
---------------

Be it Remembered That on this Twentieth day of December in the 52^nd Year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and in the Year of our Lord One Thousand Eight Hundred and Eighty-eight personally appeared Robert Hains late of Middle Bight in the Central District of Newfoundland, Farmer, Henry Hains Alfred Butler Fishermen and did acknowledge self to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of One thousand three hundred Dollars to be had, made and levied on his Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following :---

Now the Conditions of this Obligation is such, that if the above bounden Robert Hains as Administrator, cum testament annexo, of the Estate and Effects of John Hains late of Middle Bight aforesaid, Farmer deceased, do make, or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said Robert Hains as such Administrator or to the hands or possession of any other person or persons for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 20^th day of June next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of him the said Robert Hains or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the 20^th day of December which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty Nine and afterwards from time to time as he shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force virtue.

Signed and sealed                                                     his
in the presence of                                        Robert X Hains
having been first read                                              mark
and explained.                                              Henry Hains
Francis F. Furneaux
Comm'r of Affdts                                        Alfred Butler

A

In the Name of God Amen

          I John Hains a native of Dorsetshire near Blandford, England but now living at Middle Bight South Shore, Conception Bay, Newfoundland, Farmer being of a Sound Mind but weak and sick in body, and knowing it is appointed for all men to die once, do hereby make my last Will and Testament.
          In the first place (if I should die before my wife) I give and bequeath to her all my property and all that I possess for her sole use and benefit while she is living. And at her death my sons are to receive an equal portion of the property. Which is to be as follows -
          To my eldest son John Hains I give and bequeath the natural? part of my landed property cultivated and uncultivated, together with half of the house he is living in and half of the Stable in the rear of his house. He being bounded on the East by certain marks which I shall ???t -
          To my Son Robert I give and bequeath an equal Share of Cultivated land and uncultivated land with his brother John (being bounded on the West by his brother John's Eastern marks) together with the East half of the house he is living in and the East half of the Stable, in the rear of the house. The Said Robert's property being bounded on the East by certain Marks which I shall erect -
          To my Son Samuel I give and bequeath the Eastern portion of my land cultivated and uncultivated (except a certain part that his brother John occupies for potato land, until my said Son Samuel helps his Said brother John to clear half as much land on his own portion) including the Dwelling house that I am living in goods and chattles and the stables and I hope that each one will enjoy his portion in peace and prosperity.
          It is my desire that the Road leading from the Main Road to the water side and going through my Son Samuel's land, shall be open to the use of his brothers until they have a passage way leading to the water side of their own.
          I also declare that it is my wish and desire that the water side property that I possess shall be equally divided between my three Sons each having an equal Share of everything.
          I further declare that it is my wish that the property I bequeath and give to my sons shall not go out of the name of Hains. That if any of my Sons should die that their Surviving wives are not (if they should marry again) to bring their husbands on the property but they can hold full possession while they remain in my Son's name. After the

death of my sons their property is to be divided between their male children and should any of my Sons die and not have any male offspring the property shall be equally divided between the surviving brothers or their male offsprings, after the death of the deceased's wife or if She Should marry again? then the property can be divided
          I also wish to make a provision that if any female grandchildren should be left orphans that their father's property shall go towards their support until they should become married and settled in life. I also wish the farming implements to be equally divided between the three brothers, and I also wish that the large clock that is in my dwelling house is never to be removed.
          The property that I give and bequeath to my son Samuel what is aforesaid Mentioned, he and his wife are to enjoy while they are alive and if they have any male children after their births their male offsprings are to have it divided between them, but if he should die without any male issue the said property is to be divided between the male children of my sons John and Robert. My wife's clothing is to be divided as well as possible between my daughters Lavinia Andrews Ann Petten Sarah Butler and Selina Taylor my granddaughters if they wish to give my daughter Mrs? Coat? any article in remembrance they can. The money that I have in the Savings Bank in St. Johns is to be equally divided between the following persons, My Sons John & Robert, Ann Petten, Sarah Butler, Lavinia Andrews, Mary Coat & Mrs Selina Taylor - my son Samuel is to receive out of it £30-0-0 which amount I promised to give him.
          And I do hereby utterly disallow, revoke and renounce all and every other former Testament Wills Legacies and Bequests by me in any wise? before namely willed and bequeathed ratifying and confirming this and no other, to be my last Will and Testament. In Witness whereof I have hereunto set my Hand and Seal this 11^th day of April in the year of our Lord one thousand eight hundred and eighty eight.

Signed, Sealed, published, pronounced and
declared by the Said John Hains as his last                       his
Will and Testament in the presence of us who          John X Hains
in his presence and in the presence of each                        mark
other, have hereunto Subscribed our names
as Witnesses
Francis F. Furneaux
Commissioner of Supreme Court
John Hains SK?

B

I the undersigned, wish that after my death the Carriage that I now possess shall be sold and my wife to receive whatever amount of money that the sale of it will bring. Given under my hand and seal this 12^th day of April in the year of our Lord one thousand eight hundred and eighty eight

Witnesses
Francis F. Furneaux
Commissioner of Supreme Court
John Hains Sr.

Supreme Court

In the matter? of the
Estate and will of
John Hains of Middle
Bight farmer deceased

Fiat
Thos? J. Pinsent
A.J.