John P. Cole
          1901

Estate of John P. Cole 1901
From LDS Microfilm #2057616

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

In the Estate of John Prescott Cole DECEASED.
I Simeon Avery of Bonne Bay in the Electoral district of St. Barbe in the Island of Newfoundland, Stipendiary Magistrate, make oath and say that John Prescott Cole late of Bonne Bay in the Electoral District of St. Barbe, in the Island aforesaid, deceased, died intestate; that I will well and truly administer the estate and effects, rights and credits of the said deceased and pay his debts, so far as his Goods will extend: and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a just and true account thereof whenever required by law so to do; that the said deceased died at Bonne Bay, aforesaid, on the 4^th day of September One thousand nine hundred, and that at the time of his death, the said deceased had a fixed place of abode in the Island aforesaid; and, that the gross value of the said estate and effects, rights and credits of the said deceased is Three thousand four hundred dollars and no more, according to the best of my knowledge, information and belief.

Sworn at St. Johns in the Electoral                                        S. Avery
District of St. Johns on the 14^th
day of December A.D. 1901,
before me

Geo. J. Adams
Commissioner of Affdts

In the Supreme Court

In re
John Prescott Cole
deceased

OATH OF ADMINISTRATOR

Administration granted to
Simeon Avery

on the 14^th day of January 1901

Value of Estate $ 3460⁰⁰/₁₀₀

Sureties: John Harding
               Stephen Taylor

Know all Men by these Presents: That we Simeon Avery of Bonne Bay in the Electoral District of St. Barbe, Stipendiary Magistrate, and John Harding of Norris Point, Purveyor? to Her Majesty's Shop? and Stephen Taylor, also of Bonne Bay, Merchant, are jointly and severally bound unto our Sovereign Lady Victoria by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, in the sum of Six thousand nine hundred and twenty dollars, to be paid to our said Sovereign Lady the Queen, Her Heirs and Successors for which payment well and truly to be made, we bind ourselves and each of us for the whole, our and each of our executors and administrators, firmly by these presents. Sealed with our seals.

Dated the 7^th day of January in the year of our Lord 1901.

The Condition of this obligation is such that if the above named Simeon Avery as administrator of all the estate and effects, rights and credits of John Prescott Cole, late of Bonne Bay in the Electoral District of St. Barbe in the Island of Newfoundland deceased, (who died on or about the 4^th day of September A.D. 1900) do, when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of all and singular the estate and effects, rights and credits of the said deceased, which have or shall come into the hands, possession or knowledge of him the said Simeon Avery or into the hands or possession of any other person or persons for him and the same so made do exhibit, or cause to be exhibited, into the Registry of the Supreme Court of Newfoundland, whenever required by law so to do, and the same estate and effects, rights and credits, and all other estate and effects, rights and credits of the said deceased at the time of his death which at any time after shall come into the hands or possession of him the said Simeon Avery or into the hands or possession of any other person or persons for him, do well and truly administer according to law, that is to say, do pay the debts which the said deceased did owe at his decease; and further, do make or cause to be made, a just and true account of his said administration within twelve months from this date, or whenever required by law so to do, and all the rest and residue of the said estate and effects, rights and credits, do deliver and pay unto such person or persons respectively as shall be entitled thereto under any law now in force or that may hereafter be in force in Newfoundland; the executor or executors therein named do exhibit the same unto the said Court, making request to have it allowed and approved accordingly, if the said Simeon Avery, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said Court: then this obligation to be void and of no effect, or else to remain in full force and virtue.

Signed, Sealed and Delivered                                       Simeon Avery
in the presence of                                                          John Harding
Charles Read                                                               Stephen Taylor

Geo. W. Wellon
Comm Afdts SC

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

In the Estate of John Prescott Cole deceased
We John Harding of Bonne Bay, Purveyor? to Her Majesty's Shop? and Stephen Taylor, also of Bonne Bay, Merchant, severally make oath and say:
That we are the proposed sureties on behalf of Simeon Avery the intended administrator of all and singular the estate and effects, rights and credits, of John Prescott Cole deceased, in the within bond named, for the faithful administration of the said estate and effects, rights and credits, of the said deceased; and I the said John Harding of Bonne Bay for myself make oath and say that I am worth property to the amount of Three thousand four hundred and sixty dollars, over and above all encumbrances and over and above what will pay my just debts, and every other sum for which I am now bail, or for which I am liable as surety or endorser or otherwise, and I the said Stephen Taylor for myself, make oath and say, that I am worth property to the amount of Three thousand four hundred and sixty dollars, over and above what will pay my just debts, and every other sum for which I am now bail and for which I am liable as surety or endorser or otherwise.

The above named John Harding
and Stephen Taylor were severally                                        John Harding
sworn before me, this 7^th day of                                             Stephen Taylor
January A.D. 1901 at Bonne Bay
in the Electoral District of St. Barbe.
George W. Wilton?
Commissioner of Affdts
Supreme Court

In the Supreme Court

In re
John Prescott Cole
deceased

ADMINISTRATION BOND.

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

In the Estate of John Prescott Cole deceased,
I Charles Read of Bonne Bay, in the Electoral District of St. Barbe make oath and say: that I was present and did see the within Bond duly executed by the parties named therein; and that the name Charles Read set and subscribed as a witness thereto, is of the proper handwriting of me, this deponent, and that the same was executed at Bonne Bay in the Electoral District of St. Barbe.

Sworn before me at Bonne Bay                                        Charles Read
in the Electoral District of St. Barbe
this 7^th day of Jany A.D. 1901.

George W. Wellon
Commissioner Affdts
Sup. Court

Certificate

I certify that the notice written on the other side hereof was posted in the office of the Chief Clerk and Registrar from the day of the date thereof and that no caveat or other objection has been entered thereto.
          St. Johns, November 13 : 1900

W. C. Carroll

Notice

Three days after the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable Judges thereof for a grant of Letters of Administration to the Estate of John Prescott Cole of Bonne Bay in the Southern District deceased to be granted to Simeon Avery of Bonne Bay, Stipendiary Magistrate.
          St. Johns September 19 : 1900
GPA          Herbert Knight
Clerk          Solicitor for Julia Ann Cole
                  Widow of deceased

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

The petition of Julia Ann Cole of Bonne Bay in the Southern District, K???

Humbly Sheweth that:

1. Your Petitioner's husband John Prescott Cole late of Bonne Bay in the Southern District, Trader, died on the 4^th day of September instant, intestate.
2. The said John Prescott Cole left him surviving his widow, your petitioner, and his mother.
3. The said John Prescott Cole left property within the jurisdiction of this Honorable Court at the time of his death of the probable value of Eleven thousand three hundred and seventy dollars,
4. That hereto annexed is a schedule which contains, to the best of my knowledge and belief, and so far as I can at present ascertain, a true and correct inventory of the property of the said deceased at the time of his death, and a true and correct valuation thereof, so far as I can ascertain.
5. That no probate of any will or letters of administration of the estate of the said John Prescott Cole have been granted or applied for.

          Your petitioner therefore prays that Letters of Administration of the estate of the said John Prescott Cole may be granted to

Page 2

Simeon Avery of Bonne Bay, aforesaid Stipendiary Magistrate.
          And as in duty bound your Petitioner will ever pray &c.
          Dated at Bonne Bay in the Southern District this 3^rd day of October A.D. 1900.

Julia Ann Cole

Newfoundland
Bonne Bay SS          I Julia Ann Cole of Bonne Bay, aforesaid, Widow, the petitioner in the foregoing petition named make oath and say that the matters and things in the foregoing petition contained are just correct and true to the best of my knowledge information and belief.
Sworn before me at                                        Julia Ann Cole
Bonne Bay, aforesaid,
this 3^rd day of October
A.D. 1900

S. Avery
Commissioner of Affdts, Supreme Court

Supreme Court

In the matter of the estate of
John Prescott Cole, late of
Bonne Bay in the Southern
District, Trader, deceased.

Petition
for administration to be
granted to Simeon Avery

Fiat

Jos. J. Little
C.J.

Nov 13^th : 1900

Filed Nov 13 / 00
??? & Knight
Solicitor

S.A.?

In the Supreme Court of Newfoundland

In the matter of the Estate of
John Prescott Cole, late of
Bonne Bay in the Southern
District, Trader, deceased.

Newfoundland
St. Johns SS          I, Simeon Avery, of Bonne Bay in the Southern District, but at present of St. Johns, aforesaid, Stipendiary Magistrate, make oath and say as follows :-
Since the filing of the petition of Julia Ann Cole, praying that administration of the estate of the said John Prescott Cole be granted to me, I have carefully examined the assets of the said estate and inquired into their value. I have in particular, examined into the value of the book debts of the said estate, which are of the face or nominal value of ten thousand dollars, and I am confident that the said book debts cannot realize more than one thousand dollars. There are as promissory notes due the said estate. The item in the inventory attached to the petition of the said Julia Ann Cole for administration aforesaid, namely, "Ships, boats, nets and outfit for fishery $1000, consists solely of the schooner Irene, which is of the probable value of one thousand dollars, but the said schooner has been taken possession of by ??? ??? ??? ??? of the said deceased, John Prescott Cole ??? ??? the p??? of a ??? of the said schooner to the said ??? ??? ??? ???. The total value of the estate of the said John Prescott Cole, exculsive of the said schooner, Irene, will not exceed Three thousand four hundred and sixty dollars and inclusive of the said schooner, Four thousand four hundred and sixty dollars.

Sworn before me at St. Johns                                        S. Avery
aforesaid this 12^th day of
December A.D. 1900

Geo. J. Adams
Commissioner of Affdts

Supreme Court

In the matter of
the estate of John
Prescott Cole, late
of Bonne Bay, dcsd

Petition for admn
??? his widow.

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

In the Estate of John Prescott Cole, late of Bonne Bay in the Southern District DECEASED.

Inventory and probable Valuation of the Property of the said Deceased.

+See affidavit of S. Avery annexed marked S.H.?