MySource:HLJ411/Tutorship of children of deceased Joel Rollins

Minors Joel Rollin, Tutorship

District of Montreal.

To the Honorable the Chief Justice and Justices of Her Majesty’s Court of King’s Bench in and for the District of Montreal.

The petition of Elizabeth Haykes of Stanbridge in the District of Montreal, widow of the late Joel Rollin in his life time of the same place, trader, deceased.

Respectively Sheweth:

That the said Joel Rollin on or about the thirtieth day of November last departed this life at Stanbridge aforesaid leaving two minor children, issue of his marriage with your petitioner, the one named Joel of the age of four years and the other named George Robinson Rollin of the age of two years or thereabouts. That it is necessary a tutor and subtutor should in our form of law be appointed to the said minor children, and the distance from the City to the said Township of Stanbridge is about sixty miles. Wherefore your petitioner prays that your Honors or any one of your Honors will be pleased to authorize Léon Lalanne of Stanbridge, Notary Public, to receive at Stanbridge aforesaid the advice of the relations and friends of the said minors and of the creditors of their father concerning the appointment of such tutor and subtutor as aforesaid. And you will do justice. Montreal, 2 March, 1838 {signed}_________ __ illegible {signed}___________________

Having seen the foregoing petition deliberated thereon & taken into consideration the distance from this City to Stanbridge, Léon Lalanne of Stanbridge, Notary Public, is hereby authorized to receive the advice of the relations and in default of relations, friends of the said minor children and of the said creditors of the said late Joel Rollin to achieve the appointment of tutor and subtutor to the said minor children of all which an acte in due form shall be by him prepared in which the origin of consanguinity a affinity of the said relative of the said minors shall be stated, as also the residence and occupation of all and each of the persons giving their advice as aforesaid. Montreal, 2 March, 1838 {signed} I. R. Rolland, J.K.B.

Be it remembered that on Monday the fifth day of March in the year of our Lord one thousand eight hundred and thirty eight in the afternoon in the office of and before Léon Lalanne a Notary Public duly commissioned and sworn as such for the Province of Lower Canada residing in the Seigniory of St. Armand in the County of Missiskoui in the District of Montreal and Province aforesaid personally came and appeared the Petitioner Elizabeth Haykes, in the foregoing Petition named the mother of the minor children in the said Petition named who said that in virtue of the fiat thereunder written she had caused a competent number of relations and friends of the said minors to be assembled who forthwith appearing were Lydia Briggs, widow of Robison Haykes late of Stanbridge aforesaid the grandmother of the said minors, Samuel Johnson, Yeoman, creditor of the said Joel Rollin all residing in Stanbridge aforesaid, Joshua Chamberlin, Physician and Surgeon, John Whitney, Yeoman, Elwyn Bawker, Yeomen, creditors of the said late Joel Rollin, Jonathan Stickney Jr., Yeoman, Len Kemp, Merchant and James Liddell, Blacksmith and Parker Cross, Gentleman, friends of the said minors, all residing in the Seigniory of St. Armand aforesaid to whom I the said Notary proceeded to read the said Petition and next to administer to each of them the accustomary oath, after which they retired for mature deliberation on the subject matter of the said Petition and reappearing unanimously declared that they were of opinion that Elizabeth Haykes in the foregoing Petition named mother of the said minor children is a fit person to be appointed Tutrix to the said minor children and that Carleton Vaughan of the Township of Stanbridge aforesaid Yeoman brother-in-law of the said Elizabeth Haykes, is a fit person to be appointed Subtutor to the said minor children the which appointment she the said Elizabeth Haykes and he the said Carleton Vaughan respectfully accepted and in our presence voluntarily promised upon oath solemnly to discharge the trust by the said relation creditors and friends assembled as aforesaid committed and in testimony thereof request this act forthwith granted; and they and the others, appearers, hereunder set and subscribe their respective names in the presence of us the said Notary in our office at Frelighsburg in said St. Armand whitherto the said appearers had come because in consequence of bodily indisposition we the said Notary were unable to proceed to said Stanbridge. Twenty one words obliterated are null. Two renvois in margin are good. N.B. – The said Lydia Briggs declares she cannot write therefore makes her usual mark, a cross. {signed} Lydia (x) Briggs Samuel Johnson Joshua Chamberlin John Whitney Elwyn Bowker (sp. of surname?) Jonathan Stickney, Jr. Len Kemp James Liddell Parker Cross Elizabeth Rollin Carleton Vaughan L. Lalanne

Homologated to be executed according to its form and tenor made in consequence, order that the said Elizabeth Haykes be and remain tutrix to her said minor children and the said Carleton Vaughan subtutor. Whereof act granted at Montreal this 10th April, 1838.