In the Supreme Court

In re The Estate Augustus Kelland Winterton deceased.

OATH OF ADMINISTRATOR WITH THE WILL ANNEXED

Administration granted to
Augustus Kelland
On the 11^th day of May A.D. 1955;
Value of Estate $750.00
Sureties Edward A. Whelan
Eric La Messurier
Volume 11
Folio 562

TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND
OR TO ONE OF THE HONOURABLE JUDGES THEREOF

The Petition of Augustus Kelland of St. John's in the Province of Newfoundland in the Dominion of Canada, Fisheries Technician.

HUMBLY SHOWETH AS FOLLOWS

1. Augustus Kelland, Fisherman, late of Winterton in the District of Trinity Conception, deceased, died at that place on the 11^th day of March A.D. 1937 having previously made his last Will and Testament, but without having appointed any Executor therein.

2. The said deceased left him surviving his Widow, Miriam M. Kelland, who died on the 31^st day of January A.D. 1955, and the following next of kin, and no others:

1. Harold Kelland who died on January 8^th, A.D. 1945 and left him surviving four children, Maud Green, Married Woman, of Winterton aforesaid, Olive Hancock, Married Woman of St. John's aforesaid, James Kelland of Toronto in the Province of Ontario in the Dominion aforesaid and Augustus Kelland who is your Petitioner herein.

2. Allison Kelland of Kentville in the Province of Nova Scotia in the Dominion aforesaid, Hattie Barrett, Married Woman, of Harbour Grace in the Province aforesaid and Florence Green Widow of Winterton aforesaid.

3. Hereunto annexed and marked "A" is the last Will and Testament of the said deceased proved upon the Affidavit of Hugh W. Facey one of the subscribing witnesses thereto.

4. Hereunto annexed and marked "B1", "B-2", "B-3", "B-4" are the Consents of the next of kin of the said deceased resident within the Province of Newfoundland to the appointment of your Petitioner as Administrator Cum Testamento Annexo of the Estate and effects of the said deceased.

5. The Paper Writing hereto annexed and marked "C" is the correct, full and true Inventory and valuation of the Estate and Effects of the said deceased at the time of his death so far as your Petitioner can ascertain.

No Letters of Probate nor of Administration of the Estate and Effects of the said deceased have been granted forth out of this Honourable Court to anyone.

Your Petitioner therefore humbly prays that this Honourable Court or your Lordship may be pleased to grant to him Letters of Administration Cum Testamento Annexo of the last Will and Testament of the said deceased, and your Petitioner as in duty bound will ever pray, etc.

Dated at St. John's this 12^th day of March A.D. 1955.
Augustus Kelland

In re Augustus Kelland, deceased.

In the Name of God, Amen.
I, Augustus Kelland of Winterton, in the District of Trinity South, being sick in body but sound in mind, do hereby make and declare this as my last Will and testament.

• First, I give devise and bequeath to my wife Miriam Kelland, during her lifetime or until her remarriage my dwelling house with all the furnishes therein, and the land and gardens surrounding the said dwelling house together with the out houses therein. After my wife's death or remarriage my said dwelling house furniture and outhouses, and the said land and gardens surrounding same, I give and bequeath to my grandson Augustus Kelland

• Secondly, I give devise and bequeath to the Diocesan Synod of Newfoundland a portion of my property known as "The Point" for the purposes of a cemetery, that is of the uncleared portion. My cleared land or gardens and the remaining portion of uncleared land not taken for a cemetery, shall remain as part of my Estate. The choice of land for a cemetery I leave to the Rector of the Parish.

• Thirdly, All my other properties and pieces of land situate in various places in Winterton of which I may die possessed, I devise and bequeath and direct by this my will to be kept undivided during my wife's lifetime, and that my wife and my son Harold and his family shall have the benefits of the produce of these pieces of land and properties for their support and maintenance. These several properties and pieces of land aforesaid to remain undivided only until my wife's death or remarriage, when the said piece or portions of land shall be divided between my two sons Harold and Allison or their heirs share and share alike.

• Fourthly, my waterside property I give devise and bequeath to my son Harold with the condition that should my other son Allison return to live at Winterton, and require the use of same waterfront, I direct my son Harold to share the same with him.

In token whereof I have hereunto set my hand in the presence of my witnesses declaring this and no other to be my last will and testament this sixth day of February in the year of our Lord, one thousand nine hundred and thirty seven
Augustus Kelland

Signed sealed and published and declared in the presence of
Joseph Green
Hugh V. Facey

In the Margin of page 593
Fiat
H. A. Winter J.
May 11, 1955.
Died
March 11, 1937.

Administration
C.T.A. granted
To Augustus
Kelland
May 11, 1955.
Value of Estate
$750.00

CONSENT

I, Hattie Barrett of Harbour Grace, Newfoundland Married Woman, being a daughter of the late Augustus Kelland late of Winterton, Newfoundland hereby consent to the appointment of my nephew, Augustus Kelland of St. John's as Administrator Cum Testamento Annexo of the estate of the late Augustus Kelland.

Dated at Harbour Grace this     day of February A.D. 1955
Ralph Barrett witness
Hattie Barrett

CONSENT

I Florence Green of Winterton, Trinity Bay, Newfoundland, Widow, being a daughter of the late Augustus Kelland late of Winterton, Newfoundland hereby consent to the appointment of my nephew Augustus Kelland of St. John's as Administrator Cum Testamento Annexo of the estate of the late Augustus Kelland.

Dated at St. John's this     day of February A.D. 1955
E. A. Whelan Witness
Florence Green

CONSENT

I, Olive Hancock of St. John's, Newfoundland, Married Woman, being the daughter of the late Harold Kelland late of Winterton aforesaid, a son of the late Augustus Kelland late of Winterton aforesaid hereby consent to the appointment of my Brother Augustus Kelland of St. John's as Administrator Cum Testamento Annexo of the estate of my late grandfather Augustus Kelland.

Dated at St. John's this     day of February A.D. 1955
E.A.(initial could also be H) Whelan Witness
Olive Hancock

CONSENT

I, Maude Green of Winterton, Trinity Bay, Newfoundland Married Woman, being a daughter of the late Harold Kelland late of Winterton aforesaid, a son of the late Augustus Kelland late of Winterton aforesaid hereby consent to the appointment of my brother Augustus Kelland of St. John's as Administrator Cum Testamento Annexo of the estate of my late grand-father Augustus Kelland.

Dated at Winterton this     day of February A.D. 1955.
N.W. Lidstone Witness
Maude Green