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Miscellaneous Deeds, Grants, Petitions & Wills
(M)
Margaret Mayne

 

Margaret Mayne
          1885

Estate of Margaret Mayne 1885
From LDS Microfilm #2057177.

 

SUPREME COURT OF NEWFOUNDLAND.
----------------

ST. JOHN'S,  }
To Wit:           }          I do swear that I believe that Margaret Mayne late of CharlotteTown in Prince Edward Island Widow deceased died without a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay her debts so far as her 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 my Administration into the Registry of the said Court within six months from the date hereof, or when I shall be thereunto lawfully required; and that the whole of the goods, rights, chattels, assets, credits and effects of the said deceased which she 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 Four thousand one hundred ___ dollars

Sworn before me at St. John's, the 12th day of      }
December in the year of Our Lord One Thousand }
Eight Hundred and Eighty five                               }          W.V. Whiteway
Geo. J. Adams                                                                         -----------
--------
Commissioner of Affidavits.

 

 

1885

Estate of Margaret Mayne
late of Charlottetown
in Prince Edward Island
in the District
Widow

Dated 14th December 1885

Admin granted to
Sir W.V. Whiteway KCMG
upon his own personal
security by special order
of the Court.

Est sworn under 410000/100

 

 

A:1:

Know All Men by these presents that we-------------------------------------------------------------
Ellen Harriet Mayne ----------------------------------------------------------------------------
Fanny Kate Mayne ------------------------------------------------------------------------------
Constance Juliet Armstrong Mayne all of Charlottetown in Prince Edward Island Spinsters, John Brecken Esquire and Lenora Brecken, his wife, both also Charlottetown aforesaid -------------------------------------------------------------------------------------------------------
being desirous of procuring the due Adminstration of the Estate in Newfoundland of Margaret Mayne late of Charlottetown in Prince Edward Island deceased widow of Commander T.B(?). Mayne late of Charlottetown Prince Edward Island, Lieutenant deceased (the said Ellen Harriet Mayne; Fanny K. Mayne, Constance J.A. Mayne and Lenora Brecken, being Daughters and being children of the said Margaret Mayne deceased) have and Each of us has made ordained authorized constituted and appointed and by these presents do and Each of us doth make order in authority constitute and appoint Sir William Vallance Whiteway and George Macness Johnson of St Johns Newfoundland barristers at law practicing as such
                    in

Page 2

A

in Newfoundland aide du frin(?) of "Whiteway& Johnson" both or Either of them are true and lawful attorneys and attorney for us and in our name to apply to the Supreme Court of Newfoundland for letters of administration of the Estate of the said late Margaret Mayne de-ceased who died having made no will on the Twentieth (20th) day of November -------------------- last (A.D. 1881) at -------------------------------------- Charlotte Town, Prince Edward Island and that our said attorneys or Either of them may apply for and take out in his or their(?) own name or names letters of administration of the said Estate of the said Margaret Mayne deceased and may and shall there upon proceed accord-(ing?) to law to the winding up of the said Estate and generally is performing the duties of an administrator in respect thereof and we declare that the only children of the said Margaret Mayne de-ceased at the time of her decease were and are, Ellen H. Mayne, Harriet A. Stewart, Laura A. Brecken, Mary F. Fraser, Fanny K. Mayne, Constance J.A. Mayne residing in Charlotte Town Prince Edward Island, Margaret M. Bunting residing at St John's Newfoundland, and Edward K.D. Mayne, residing at Washington, D.C. (the said Laura A. Brecken, being the wife of the said John Brecken, Mary F. Fraser; a widow, and Harriet A. Steward being the wife of R. Bruce Stewart -----------------------------------------------------------------------------------------------------------------and we do
                    hereby

Page 3

hereby ratify and confirm all and what-soever our said attorneys or Either of them shall lawfully do in the premise(?) by vi-rtue of these present
Witness our hand and seal the seventeenth day of March Anno Domini Eighteen hundred and Eighty two
Signed Sealed and
delivered by the said     }
in presence of
James A. Fraser          }                    Ellen, Harriet, Mayne.
"in presence of              }                    Fanny K. Mayne
If all sign in presence    }
of the witness then        }                    Constance J.A. Mayne
there need? be but(?)    }
one witness but if in(?) }                    Laura Brecken
presence of several wit }
nesses Each must          }                    John Brecken
attest the signing(?) of                        ------------------------------------------------
such as be witnesses     }
and witnessed? a          }
in form A entered(?)    }
hereto the witness        }
must then ???? a           }
Notary public who       }
Must certify in the        }
form annexed the          }
signature &c of the       }
person who administers}
The affidavit.                }

(Note: 7 seals are affixed to the right of the signatures.)

 

 

Dominion of Canada

Prince Edward Island }
Charlottetown, to wit }

          James A. Fraser of Charlotte-town aforesaid in said Island Druggist maketh oath and saith that he was present and did see Ellen Harriet Mayne, Fannie K. Mayne, Constance J.A. Mayne, Laura Brecken and John Brecken -------------------------------------------------------------------------------------------------------------------------------------------------------------------------
whose names are at the foot of the above written power of attorney did sign seal and execute the same
Sworn before me at                }                    James A Fraser
Charlottetown in                    }
Said Islands ---------                }
this 20th day of -------             }                    Witness
March AD 1882 -                   }
to be sworn before a Judge     }
or chief Charles Young -       }
Justice a Judge(?) of a Su-      }
perior Court Judge of Probate
appointed commissioner of aforesaid Island.
of affidavits.
I, The Honorable Charles Young
LL.D - Judge of Probate & I
Do hereby Certify the above
under my Hand and Seal
of the Probate Court of said
Island -
Charles Young
Judge of Probate
of & for(?) said Island.

(Note: Seal affixed over 'Seal, said and Young'.)

 

 

I, Benjamin DesBrisay of Charlottetown in Prince EdwardIsland ------------------- notary public of lawful authority duly admitted and sworn do hereby certify that the signature "Charles Young" with the addition "Judge of Probate of and for said Island" at the foot of the /oral(?) of the above written affidavit of James A. Fraser of Charlottetown aforesaid Druggist is of the own proper handwriting of The Honorable Charles Young, LL-D - of ------------------------------------------------------------------------------------------------------------------------
who is the Judge of Probate of and for the said Island of Prince Edward and is lawfully authorized to administer oaths in whose presence oath was this day administered in due form of law to the said James A. Fraser ---------------------------- respecting the truth of the said affidavit -
Dated at Charlottetown in said Island, and Dominion of Canada the 20th day of March A.D. 1882 ----------------
Lord (?) attestor
Benj DesBrisay
--------------------
Notary Public

(Note: Seal attached, with ribbons, to the left of signature.)

 

 

Power of Attorney
from
Miss E. H. Mayne
et al -
to
Sir W.V. Whitway
et al -
---------------

March 1st 1882
--------------

 

 

A -

To all to whom these Presents shall come, We Robert Bruce Stewart Charlottetown, Esquire, and Harriet Amelia Stewart his Wife send Greeting. Whereas the late Mrs. Margaret Mayne, relict of ad???l??? Captain John Rayner Mayne of the Royal Navy, died seized or possessed of certain real or personal Estate or both situate in the Colony of Newfoundland without having made any Will or Testamentary Disposition of such Estate, and leaving her surviving several Children who became her Heirs, among others the said Harriet Amelia Stewart And whereas the said Robert Bruce Stewart and Harriet Amelia Stewart are desirous of empowering Fannie Mayne and Constance Mayne of Charlottetown, single Women, Sisters of the said Harriet Amelia Stewart receive to and for their own use all the Annual Share and Interest of the said Robert Bruce Stewart and Harriet Amelia his Wife or either of them of and to or out of the said real and personal Property or Estate left by the said Mrs Margaret Mayne in Newfoundland aforesaid. Now These Presents Witness that in pursuance of such they the said Robert Bruce Stewart and Harriet Amelia Stewart do oath by These Presents depute and appoint the said Fannie Mayne and Constance Mayne as their and each of their attornies for them and each of them and in their and each of their names, but to and for the sole use and benefit of the said Fannie Mayne and Constance Mayne to collect and receive Annually of and from all persons entitled or liable to pay the same, all their and each of their Annual share and Interest arising from or out of The Estate of the said Mrs Margaret Mayne anywhere in the Colony of Newfoundland, so long as they may or shall be satisfied to allow this Power of Attorney to remain unrevoked, and no longer and for them and in each of their names to give effectual and valid Receipts and Discharges for such Monies, giving and granting said Fannie Mayne and Constance Mayne full power and authority substitute and appoint any other Attorney they may think fit in their stead or place, with all the power hereby vested in them. Provided that nothing herein shall be conttened(?) to authorize the said Fannie Mayne and Constance Mayne to receive any part of the share of the principal of the Estate so left by the said Mrs Margaret Mayne and belonging to the said Robert Bruce Stewart and Harriet Amelia Stewart his Wife, or each of them, but of the Annual interest profits and receipts or

Page 2

In Witness whereof we have hereunto subscribed our names and affixed our seals this 30th Day of December in the year 1881.

In presence of  } Robert Bruce (seal or blot) Stewart
W.F. Robius   } Harriet Amelia (seal or blot) Stewart

          Know All Men, by these presents that we the within named Fannie Mayne and Constance Mayne do hereby substitute, constitute and appoint Sir William V. Whiteway and George Macness Johnson of St. John's Newfoundland, Barristers, as our Attorneys in the Matters and Things within refered to, hereby confirm (to) all that they shall do, as our attorneys in the Premises (?)
As Witness our hands and Seals this twentieth day of
March A.D. 1882                                                  Fannie K. Mayne
Signed, Sealed and Delivered                               Constance J.A. Mayne
in presence of - John G. I. Weldon

(Note: Seals affixed to the right of signatures.)

 

(Following found below, and sideways, of the above:)

December 30th 1881
========

Power of attorney of
Fannie & Constance Mayne
from R.B. Stewart
et wear(?)
========

 

 

B -

Know all men by These Presents; That I, Minnie F. Fraser of the city of Charlottetown province of Prince Edward Island, have made, constituted and appointed and by these presents do make constitute and appoint Fannie K. Mayne of the city of Charlottetown Province of Prince Edward Island in the Dominion of Canada, who is my sister and a femme sole my true and lawful attorney irrevocable for me and in my name place and stead, to collect any and all several or other share rental or interest that I may possess in any property real or personal, The same being the avails of the Estate of my Mother, Margaret Mayne deceased, which of the late John Rayner Mayne Commander Royal Navy, the said yearly or other rental or share of said property to be applied to the support comfort and maintenance of my sisters Ellen H. Mayne, Fannie K. Mayne aforesaid, and Constance J A Mayne; giving and granting my said attorney Fannie K. Mayne full power and authority to do and perform every act and thing whatsoever in the premises requisite and necessary in the collecting of such share or rental

Page 2

as fully to all intents and purposes as I might or would do if personally present at the doing thereof, with full power of substitution and revocation, and to receipt and sign any and all papers pertaining to my share of said Estate, hereby ratifying and confirming all that my said Attorney or her substitutes may or shall lawfully do, In witness whereof I hereunto set my hand and seal at Charlottetown Prince Edward Island this seventeenth day of March A.D. 1882
                                                                                          (Seal affixed here)
                                                                                Minnie F. Fraser
Witness
James A. Fraser
----------------------

          By virtue of the power and authority in Me, above vested, I do hereby substitute constitute and appoint Sir W.B. V. Whiteway and George Macness Johnson of St Johns Newfoundland My attorneys in the Premises. As witness my hand and Seal this 20th March A.D. 1882 -
Signed, Sealed and          }
Delivered in presence of  }                                        Fannie K. Mayne (Seal)
John G.J. Weldon

 

 

Power of Attorney
from
Mrs. Fraser
to
Miss F.K. Mayne
-----------

March 17-1882
-----------

 

 

C.
-----------------

Know all men by these Presents; That I, Edward R.D. Mayne of the City and County of Washington, in the District of Columbia, attorney and Councillor at Law, have made constituted and appointed and by these present do make constitute and appoint, Fannie K. Mayne of the City of Charlottetown, Province of Prince Edward Island in the Dominion of Canada, who is my sister and a femme sole my true and lawful attorney, irrevocable, for me and in my name place and stead, to collect any and all annual or other share rental or interest that I may possess in any property, real or personal, that came being the avails of the Estate of my mother Margaret Mayne deceased, relict of the late John Rayner Mayne Commander Royal Navy, the said yearly or other share or rental of said property to be applied to the support, comfort and maintenance of my sisters, Ellen H. Mayne, Fannie K. Mayne aforesaid and Constance J.A. Mayne; giving and granting my said Attorney Fannie K. Mayne full power and authority to do and perform every act and thing whatsoever in the prem-ises requisite and necessary in the collecting of such share or rental as fully to all intents and purposes as I might or could do if personally present at the doing thereof, with full power of substitution and revocation, and to receipt and sign any and all papers pertaining to my share of said Estate, hereby ratifying and confirming all that my said Attorney or her substitutes may or shall lawfully do
In witness whereof I hereunto set my hand and seal at Washington D.C. this sixth day of February A.D. 1882
J.T. Vassary(?)                                        Edward R.D. Mayne (Seal)

 

 

          By virtue of the power and authority in me within vested I do hereby substitute, constitute and appoint Sir W.V. Whiteway and G.M. Johnson of St. John's Newfoundland, my attorneys in the Premises - As witness my hand and Seal, this 20th March A.D. 1882 -
Signed, Sealed          }
and Delivered           }                              Fannie K. Mayne (Seal)
in presence of           }
John G.J. Weldon

 

 

Dominion of Canada
Province of Prince Edward Island -
Charlottetown SS -

I, John G.J. Weldon of Charlottetown aforesaid Esquire------Registrar of the Court of Probate of and for the Said Island makes oath and say that I was present and did see Miss Fannie K. Mayne and Miss Constance J.A. Mayne, sign seal and execute the substitution of the power of Attorney hereunto annexed, marked A, and also did see the said Fannie K. Mayne sign seal and execute the several substitutiory(?) of the two Power of Attorney hereunto annexed marked B. And C.
Sworn to at Charlottetown
aforesaid, this 21st day                                        John G.J. Weldon
of March A.D. 1882
Before Me, and which
I Certify under my
hand and seal of
said Probate Court
Charles Young---------
Judge of Probate---
of and for said Island -

(Note: Seal of Island embossed to the left of Charles Young's signature.)

 

 

Powerrs of Attorney
----------------------

from

Edward R.D. Mayne
Washington D.C.
R.B. Stewart et Uxor,
and Mr Mrs - Fraser
to
Fannie K. Mayne,
Charlottetown. P.E.I.
And Substitution
Thereof - to Sir Wm. V.
Whiteway
et al -
February }
1882  }

 

 

D
======

We Frederic G. Bunting of St John's New-foundland Doctor of Medicine and Margaret M. Bunting his wife do hereby consent and agree that letters of admi-nistration of the estate in Newfoundland of Margaret Mayne late of Charlottetown Prince Edward Island widow deceased mother of the said Margaret M. Bunting be granted to Sir William Vallance White way and George Macness Johnson of St John's aforesaid Barristers at Law
The 20 day of July A.D. 1882

Witness                                        Fred. G. Bunting
                                                    M.M. Bunting
F.E.M Bunting
---------------

Newfoundland     }
St John's to wit    }          Frederic E.M. Bunting of St John's aforesaid Barrister at Law maketh oath and saith that he was present and did see Frederic G. Bunting and Margaret M. Bunting of St John's aforesaid the parties named in the above written consent marked D duly sign and acknowledge the same on the day of the date thereof
Sworn before me at St John's }
aforesaid this 21 day of July  }                              F.E.M. Bunting
A.D. 1882                              }
P. Emerson                           }
Commissioner                        }
-----------------                         }

 

 

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

The petition of Sir William Vallance Whiteway K.C. M.G.of St. John's Newfoundland Barrister

Humbly Sheweth

That Margaret Mayne late of Charlotte Town in Prince Edward Island widow departed this life on or about the twentieth day of November last intestate leaving her surviving the following children Ellen Harriet, Fanny Kate, and Constance Juliet Armstrong all un-married and also Harriet Amelia wife of Robert Bruce Steward, Laura A. wife of John Brecken Mary F. wifewidow of James N. Fraser and Edward R.D. Mayne all of whom reside out of Newfoundland and also Margaret M. wife of Frederic G. Bunting of St. John's Surgeon or Doc-tor of Medicine as Petitioner is ordered(?) and verily ??????
That at the time of her decease the said Margaret Mayne was possessed of property within the jurisdiction of your Honourable Court not exceeding in value the sum of four thousand dollars in the opinion of your Petitioners
That no letters of Administration of the said Estate have been granted

          Your petitioner therefore prays that your Honour-able Court will be pleased to grant to him letters of Adminis-tration of the said Estate and as in duty bound will pray.
          Dated the 5th day of JulyAugust A.D. 1882.

W. V. Whiteway
-----------

 

 

Supreme Court

St. John's to wit
          Sir William Vallance Whiteway K.C.M.G. of St. John's Barrister the party named in the above written petition maketh oath and saith that the several matters and things therein contained are just and true.
Sworn before me          }
at St. John's aforesaid   }
this, 5th day of JulyAugust                              W.V. Whiteway
A.D. 1882                    }                                       ------------
P. Emerson
Commr

(Note: Initials P.E. in left margin beside line with crossed out word.)

 

 

          I certify that the notice on the other side hereof written was posted up in my office on the day of the date thereof and that the same has since that date remained so posted up and further that no caveat hath been Entered thereto
          St John's on Mch 5, 1882

P.E.
Rg.

 

 

Notice

After three days from the date hereof application will be made to the Su-preme Court or one of the Honourable Judges thereof for Letters of admi-nistration of the Estate of Margaret Mayne late of Charlottetown in Prince Edward Island widow deceased to be granted to Sir. William Vallance Whiteway KCMG of St John's Barrister at Law
          The 22nd day of July AD 1882
                              Whiteway & Johnson
P.E.                                   Proctors.
Regr

 

 

As the Petition Sir William V Whiteway is Authorized ??? the next of kin of the deceased Margaret Mayne it will be ??????? that define Security alone(?)

Dec 14th 1885          F.B.T. Carter
                                         C.J.

 

 

Supreme Court
---
In re Estate of          }
Margaret Mayne    }
late of Charlotte        }
town Widow              }
deceased                    }
----

Petition for letters of
administration.
---

Fiat
F.B.T. Carter
A.J.

 

 

(Following found sideways on the same page)

C&R#     5.25
affts        1.00
Cert          .50
             $6.75

 

 

Supreme Court of Newfoundland.
----------------

Be it remembered, That on this Fourteenth day of December in the Forty Sixthninth Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c., and in the Year of Our Lord One Thousand Eight Hundred and Eighty four two personally appeared Sir William Vallance Whiteway K.C.M.G Barrister at Law and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of ---------------------------------------- Eight thousand two hundred ------------------------------------------- Dollars, to be had, made and levied on their Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following:

NOW THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the above bounden Sir William Vallance Whiteway as Administrator of the Estate and Effects of -------------------------- Margaret Mayne late of Charlotte Town in Prince Edward Island Widow 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 Sir William V. Whiteway-------------------------------as such Administrator or to the hands or possession of any other person or persons for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 14th day of June next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of her death, or which at any time afterwards shall come into the hands or possession of him the said Sir William Vallance Whiteway --------------------------------------- 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 14th day of December which will be in the Year of Our Lord One Thousand Eight Hun-dred and Eighty six 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 examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Ad-ministration, or in such a 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.

Signed and Sealed              }                              W.V. Whiteway
in presence of                     }                                        --------
Acknowledged before me
Prescott Emerson
Commr

 

 

In the matter of the Estate of  }
Margaret Mayne late of       }
Charlotte Town deceased       }

We Frederic G. Bunting and Mar-garet M. wife of the said Frederic G. Bunting do hereby authorize Sir William V. Whiteway administrator of the said Estate to pay all rent and interest received or to be received by him from property belonging to the Estate to Fanny K. Mayne of Prince Edward Island spinster and we further acknowledge that the payments heretofore made by him of such rent and interest have been made in accordance with our desire and we hereby confirm the same and exonerate him from all liability or account of such payment
St John's N.F. December 12, 1885
Witness               }
Geo M Johnson}                    Fred Bunting
---                                             Margaret M. Bunting

Dec. 12/85
Dr & Mrs B say that they signed a similar paper in 1882 when the above was asked for
GMJ

 

 

In re Estate of       }
Margaret Mayne }
---------

Authority from Dr. & Mrs
Bunting
to pay their
Share to Fanny K. Mayne
---

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Friday December 07, 2018)

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