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Miscellaneous Deeds, Grants, Petitions & Wills
(W)
James Winsor

 

Background:

A preceding entry in the Northern Circuit Court at Harbor Grace dated 3 Oct 1832 Winsor vs Winsor  (PANL source GN5/3/B/19) was the Application of Thomas Winsor, after which the court decided "Upon hearing the application of Thomas Winsor it is ordered that William Winsor do appear in the Northern Circuit Court on Monday next .. to shew cause why he has interfered with the property and effects of James Winsor deceased; and also further to shew cause why Administration should not be granted to the said Thomas Winsor and the said William Winsor jointly or separately, to the Property Estate and Effects of their said deceased brother James Winsor". William Winsor was served a writ to appear in court on the 5th Inst.

While the Estate Files index lists the Admin as Folio 87, Vol 2, 1830, the document transcribed here contains a reference of Folio 3, page 165, 1832. It contains seven separate documents which, for clarity, I have identified as Items 1 to 7.  The signature of William Winsor could be either "Winsor" or "Winsar".

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Item 1

Circuit Court Harbor Grace
Thursday 8th November 1832
3 Fol Page 165
Thomas Winsor versus William Winsor
This is a Rule in Administration -
Thomas Winsor comes into Court and agrees that William Winsor shall Administer to the Estate of their Brother James Winsor, deceased.
By the court
J Stark, Clerk & Registrar

Item 2

Wheras James Winsor of Carbonear fisherman was drowned on the eighth day of October in this present year, at the northern tickle of Murrays Harbour, Labrador, by the oversetting of a skiff in company with three other men, all of whom were drowned at the same time, and whereas the said deceased James Winsor has not left any written Will or Testament as is supposed, nor has he left any wife, nor any near relatives save brothers and sisters and their children, we whose names are hereunto subscribed do hereby most solemnly declare that we heard the said deceased James Winsor say repeatedly during the past summer that it was his intention and determination to bequeath all the property he may die possessed of unto George Winsor, his nephew, the son of his brother William; and this we are ready to verify on oath when thereto required.

Given under our hands at Carbonear, Newfoundland, Nov 10th, 1832. Signed: George Lilly, Richard Allen (his X mark) and William Lilly, Hr Grace Nov 12th, 1832

Sworn before me by the above named George Lilly, Richard Allen and William Lilly this Twelfth day of November one thousand eight hundred and thirty two at Harbor Grace, Newfoundland.

J Wm Stark, Clerk & Registrar, Nor Cir Court
Signed: George Lilly, Richard Allen (his X mark) and William Lilly

Item 3

Supreme Court of Newfoundland
Harbor Grace to wit: I Do swear that I believe James Winsor late of Carbonear Fisherman deceased, died without a Will; and that I will well and truly Administer all and every the Goods 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 true account of his Administration into the Registry of the said Court, within Twelve months from the date hereof, or when shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits, and Effects of the said deceased, which he died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of One hundred Pounds sterling.
Signed: Wm Winsor
Sworn at Harbor Grace the seventeenth day of November in the Year of our Lord One Thousand Eight Hundred and thirty two 1832
J Stark, Clerk and Registrar, Nor Cir Court

Item 4

Supreme Court of Newfoundland
Be it Remembered That on this Seventeenth day of November in the Third Year of the Reign of our Severeign Lord William the Fourth by the Grace of God, of the United Kingdom of Great Britian, Ireland, King, Defender of the Faith, &c. and in the Year of our Lord One Thousand Eight Hundred and thirty two personally appeared William Winsor of Carbonear, Planter, William Best of Carbonear, Merchant and James Burden of Carbonear planter and did acknowledge themselves to be held and firmly bound to Our Sovereign lord the King his Heirs and Successors, in the penal Sum of Two hundred Pounds of good and lawful Money of Great Britian, to be had, made, and levied on them Goods, Chattels, and Effects jointly and severally if Default is made in any of the Conditions following; Now the Condition of this Obligation is such, That if the above bounded William Winsor Administrator to the Estate of his brother James Winsor 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 deceased, which have or shall come to the hands, possession, or knowledge of him the said William Winsor or to the hands or possession of any other person or persons, and the same so made do exhibit, or cause to be exhibited, into the Supreme Court of Newfoundland, at or before the Sixteenth day of Novembr next ensuing the date hereof; and the said Goods, Chattels, Credits, and Effects, and all other Goods, Chattels, Credits, and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come to the hands or possession of him the said William Winsor 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 Sixteenth day of Novemr, which will be in the Year of our Lord One Thousand Eight Hundred and thirty three 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 first examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in a due course of Administration, or in such 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 and virtue.
Wm Winsor (Signed and Sealed), Wm Best (Signed and Sealed), James Burden  (Signed and Sealed)
in the presence of  J Stark, Clerk & registrar

 

Item 5

Harbor Grace 19 Novem 1832
Sir,
I have the honour herewith to transmit an application from William Winsor for Administration to the Estate of his Brother James Winsor, also the Bonds entered into in this case application was made w his lordship the Chief Justice as will be seen by referring to the annexed Minute of Record made before his lordship …. Your most obedient Servant, J Stark, Clerk and Registrar Northern Circuit Court

Item 6

Estate of Administration granted 21st Nov 1832 to William Winsor
Subject to opinion that in ? ? ? ?

Item 7

Nuncupative Will of James Winsor, late of Carbonear
Write to Mr Stark & tell him that the Judges auna voce have decided that no Nuncupative Will can be established in this case & consequently, that the effects of the deceased must be divided, under the Letters of Admin that have been already granted, agreeably to the Statute of Distributions 22 Nov 1832  Rt? Tucker


Transcriber's note:
A copy of this document was obtained from the Supreme Court Probate Office by L. A. Winsor & transcribed by L. Elkins-Schmitt 2014.

 

 

Page Contributed by Linda Elkins-Schmitt

Page Revised by Ivy F. Benoit (Saturday September 27, 2014)

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