State of Illinois, Champaign County in the County Court, In Probate May Term, A. D. 1898.
To the Hon. C. C. Staley, Judge of Said Court:
The undersigned petitioner John L. Black respectfully represents to your Honor that the attached instrument of writing to be the Last Will and Testament of James F. Black.
That the said deceased depart this life at the Stickeen River in British Columbia on or about the First day of April A.D. 1898, and also that the said James F. Black at the time of his death, resided in the County of Champaign and State of Illinois.
Your Petitioner further represents that the said James F. Black left, at the time of his death, the following names heirs-at-law and legatees your Petitioner, his brother, and
William Black, father, 506 W. Washington St., Champaign
Mary Black, mother, 506 W. Washington St., Champaign
Oliver G. Black, brother, 506 W. Washington St., Champaign
Lana L. Black, sister, 506 W. Washington St., Champaign
Alice M. Black, sister, 506 W. Washington St., Champaign
William H. Black, brother, Address Unknown
Isabelle Armstrong, sister, Sadorus, Illinois
Margarette Barricke, sister, Sadorus, Illinois
John L. Black, brother, Seymour, Illinois.
And that the above named persons are all the heirs-at-law and legatees.
Your Petitioner further asks that the said Last Will and Testament be admitted to Probate.
John L. Black
State of Illinois, Champaign County, John L. Black being duly sworn, deposes and says that the allegations contained in the foregoing Petition are true, to the best of his knowledge and belief.
John L. Black
Subscribed and sworn to before me, this 12 day of May A. D. 1898
Clerk
It is ordered by the court that the 20 day of June, A. D. 1898 10: a.m. be set for a hearing on said will.
Affidavit
I, Asa J. Townsend do solemnly and sincerely declare that I was present when James F. Black was drowned on the First day of April 1898 in the Stickine River, in the County of Nanaimo, in the Province of British Columbia in the Dominion of Canada, I saw the said James F. Black fall through the ice and I ran to get a rope, by the time that I returned he had disappeared. And I make this solemn declaration concientiously [sic] believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act 1893.
Declared before me at Telegraph Creek in the County of Nanaimo, Province of British of Columbia this Twenty fifth day of April, A. D. 1898. Signed A. J. Townsend
William H. Bullock-Webster, a stipendiary Magistrate for the County of Nanaimo.
Affidavit
I Wallace B. Walton do solemnly and sincerely declare that I was present when James F. Black was drowned on the first day of April 1898 at about half past one o’clock in the afternoon in the waters of the Stickine River about twenty miles below the town of Glenora in the County of Nanaimo in the Province of British Columbia in the Dominion of Canada.
I saw the said James F. Black go down under the ice and I saw him come up again and then go under an ice cake and I tried to save him and had hold of him, but I was obliged to let go to save my own life.
I saw the said James F. Black go down the river for about thirty rods, when the said James F. Black went down under the water of the Stickine River under the ice.
And I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of I believe a evidence Act 1893.
Signed Wallace B. Walton
Declared before me at Telegraph Creek in the County of Nanaimo, Province of British Columbia, this Eleventh day of April A.D. 1898.
Wm. H. Bullock-Webster, a Stipendiary Magistrate for the County of Nanaimo.
Affidavit
I, Jacob L. Hill, of Memphis, Tenessee [sic], U. S. A. Do solemnly and sincerely declare that on the First day of April 1898 I saw James F. Black while trying to take his outfit across the Stickine river break through the ice after which he was grabbed by the arm by W. Walton, the ice breaking beneath Walton he let go his hold and as Black floated to the lower side of the hole I sprang to the edge and grabbed the said James F. Black by the arm and was pulling him out when the ice gave way and both of us went into the river then letting go my hold of him. I grabbed upon the firm ice and I was drawn out by another man who stood near, after which I saw the James F. Black come up from below the ice and after going for about twenty rods he sank to be seen no more.
Several men tried to reach him with ropes but could not do so before he went down. There is no doubt in my opinion that the said James F. Black was drowned. And I make this solemn declaration conscientiously believing the same to be true and knowing that it is of the same force and effect as if it were made under oath, and by virtue of the Canada Evidence Act 1893.
Declared before me at Telegraph Creek in the County of Nanaimo, Province of British Columbia, this Eleventh day of April A. D. 1898. Signed Jacob L. Hill
Signed Wm. H. Bullock-Webster, a Stipendiary Magistrate of the County of Nanaimo.
