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Miscellaneous Deeds, Grants, Petitions & Wills
(P)
Richard Philpott

 

Richard Philpott
          1885

Estate of Richard Philpott 1885
From LDS Microfilm #2057177

 

NEWFOUNDLAND   }
In the Supreme Court  }

A F F I D A V I T.
----------------

You shall swear that you believe this to be the true last Will and Testament of Richard Philpot of Herring Neck in the Northern District of the Island of Newfoundland Planter deceased ------------------------------------------------------------ ------------------------------------------------------You shall swear that you will pay all the Debts and Legacies of the deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full and perfect Inven-tory of all and every the Goods, Rights and Credits of the deceased, together with a just and true ac-count, into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto; And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, credits and Effects of the said Richard Philpot --------------------------------------------------------------- deceased, and of which he ---- died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of Four Thousand------------------------------Dollars

So help you God.

SWORN before me, at St John'sTwillingate }
this Fourth day of                    }                              John Hewitt, Clerk in Holy (Orders)
June A.D., 1885.                    }                              George Florence Planter
F. Bertequ.
Commissioner of Affidavits, Supreme Court.

(Note: Words in brackets assumed as paper crumpled.)

 

 

1885 (hidden as paper turned over on it.

Estate of Richard Philpott
late of Herring Neck
in the Northern District
Planter          deceased

Signed June 10th 1885
==========

Probate granted to
John Hewitt of Herring Neck
Clerk in Holy Orders and
George Florence of same place
Planter          Exrs named in
the will
==========

Estate sworn under
$400000~
==========

 

(Also in 'Miscellaneous Wills Letter P' (http://ngb.chebucto.org/Wills/philpot-richard-4-378.shtml) on the Newfoundland Grand Banks site.)

B

I, Richard Philpott, hereby declare this to be a Codicil to my Last Will and Testament dated 24th day of August 1882

I Leave six pounds currency to the clergyman of the Church of England in charge of the Mission to be spent by him on St Mary's Church, Herring Neck, in a manner which he may deem most conducive to the glory of God, and the good of the congregation who worship therein.
I Leave to my wife Susannah Philpott, a Bed, Bedstead, Bedding and rocking chair.
I Leave to my Son John Philpott my Share of the Schooner "Flora" by which it becomes Entirely his but he is to pay my son Joseph (his Brother) the Sum of £50. (Fifty pounds).
I also leave to my son John, all my parlor furniture; Bed, Bedding & Bedstead in my room: my cooking Stove in Kitchen.
I Leave to my granddaughter, Fanny, daughter of my Son John, My Harmonium.
I Leave one Bed, Bedding, and Bedstead to my daughter Charlotte Hussey.

Page 2

I Leave to my daughter, Miriam Carely one Bed, Bedding and Bedstead.
I Leave my Kitchen furniture (Stove excepted) to my Two daughters, Miriam Carely and Charlotte Hussey.
I Leave my wearing apparel to my Son Joseph Philpott.

In all other Respects I confirm my Said Will.
Signed by the Said Richard Philpott          }                    Richard Philpott
the Testator in the presence of us, present    }
at the same time, who at his request,            }
in his presence and the presence of               }
Each other, have subscribed our                    }
Names as witnesses.                                      }
John Stone
StephenhisXmarkStuckley
Dated 29th Day of March 1884

 

 

C

Second Codicil to the will of Richard Philpott.
I beg to leave, in addition to Six pounds currency, promised in my First Codicil, a further Sum of Fourteen pounds (£ cy) in all Twenty pounds, to St Mary's Church, Herring Neck, to be spent by the clergyman in charge of the Mission upon S. Mary's Church in any way he Shall deem most fit for the honour and glory of God, and the benefit of the congregation worshipping therein.
I also leave to my granddaughter Miriam Flora, daughter of my son Alfred Philpott, (deceased), the Sum of Ten pounds (£10 cy) currency to be paid by my Son, John Philpott, when and how he sees fit.
Signed by the Said Richard Philpott
In the presence of us, undersigned   }          Richard
in the presence of Each other           }          Philpott
          John Hewitt
          Johnhis XmarkPhilpott
Herring Neck, Newfoundland
8th April 1884

 

 

D

I, Richard Philpott, do hereby give and bequeath The sum of Ten Pounds Currency (£10) to aid in completing the interior of the Wesleyan Church at Herring Neck.
This is my last will and Testament
RichardhisXmarkPhilpott
Witnesses          } Robert Mundy
                             JohnhisXmarkPhilpott

Herring Neck
July 21st, 1884

 

 

This is the last Will and Testament of me----------Richard Philpot---------- of ----------Herring Neck Newfoundland---------- in the CountyIsland of Newfoundland made this Twenty fourth day of August ----------in the year of our Lord One Thousand Eight Hundred and Eighty two
I hereby revoke all wills by me at any time heretofore made. I appoint---- Revd J. Hewitt and George Florence---------- to be my Executors and direct that all my just Debts and Funeral and Testamentary Expenses shall be paid as soon as conveniently may be, after my decease.
I give and bequeath unto My Son John Philpott all the Room and Premises situated in Stawe? Harbor Herring Neck and which I now occupy which consists of Dwelling House Stores, Flakes, Gardens and appurtenances together with Boats, Nets, Traps and all other gear appertaining to the Fishery but not my Household Furniture.
{Second - I give and bequeath to my two Youngest DaughtersMiriam Karley &Charlotte { Hussey all my household furniture to be Equally divided between them.
Third - I give and bequeath all my Money about six hundred pounds together with the proceeds of half the value of Schooner "Flora" which is to be valued and sold at my death, unto my Wife Susannah Philpott, my daughters Amy Florence, Mary Anne Warren, Miriam Karley, Charlotte Hussey and my son Joseph Philpott to be Equally divided between them share and share alike.

Signed by the said Richard Philpot                            } Richard Philbott
the Testator in the presence of us, present at the same}
time, who at his request, in his presence and in the     }
presence of each other, have subscribed our names as}
witnesses..........                              }          J._________
John Hewitt
William Lethbridge

(Note: Richard Philpott
           John Hewitt
           William Lethbridge written to the left of the word 'Second'.
)

 

 

Directions.
------------------------------

          State as simply and concisely as possible, and without any attempt at legal phrase-ology the manner in which you desire to dispose of your property. Careful attention to the following remarks will supply so much of the Law as is necessary for an ordinary will. Particular attention must be paid to the legal formalities required in the execution of the will. Codicils should never be attempted by non-professional persons; it is, in fact, generally easier to re-write the will than to make a codicil.

          All property may be disposed of by will.

          No person under the age of twenty-one years can make a will.

          No Married Woman can, without her husband's express consent (to be given at the time of making the will and ratified after her death) make a will, except such as might have been made by her before the passing of the Wills Act in 1837, that is, a will disposing of property belonging to her for her separate use, or over which she has a testamentary power of appointment.

          Every will should be signed at the foot or end thereof by the person making it, or by some other person, in his presence and by his direction; such signature must be in the presence of two witnesses, at least, who must sign their names and addresses against the attestation clause before leaving the Testator's presence.

          Against every alteration and interlineation, made before the will is executed, the Testator and the Witnesses must sign their names: nothing should be scratched out, or erased, or the will might be held incapable of proof.

          A person, or the wife, or the husband of a person who takes anything under the will, should not be a witness. Though the will would not be affected thereby, the gift to such person, or to the wife or husband of such person is altogether void.

          An Executor is a good Witness, though it is better that he should not be one. Any legacy to him would thereby be made void.

          A legacy to a friend is made void or "lapses" by his death before the Testator's.

          A legacy to a Testator's Child, or other issue, does not lapse by his death, if he has any issue living at the Testator's death; but the Legacy takes effect as if he had died immediately after the death of the Testator.

          A soldier in actual military service, and a mariner or seaman at sea, may dispose of his personal property by any written paper signed by him, though not attested.

          A will is revoked by the marriage of the person making it; except by marriage, it can only be revoked by another will or writing, executed like a will, or by destruction. After the will has been duly executed, no addition to, or alteration in it, may be made, Should any alteration be requisite, the right course will be to write a fresh will.

          After acquired property passes by the will.

Page 2

(Following found at the top & bottom of Page 2:)

The Will continued,

Signed by the said ________________________________
the Testator in the presence of us, present at the same          }
time, who at h__ request, in h__ presence and in the           }
presence of each other, have subscribed our names as          }
Witnesses ....׀ .... .... .... .... .... .... .... ....                                  }

 

 

The Will of

Richard Philpott,
Herring Neck
Newfoundland

Dated August 30th 1882

1882 (circled)

------------------------------

PUBLISHED BY T. PETTITT & CO., 23, FRITH STREET, SOHO,
LONDON, W.

Entered at Stationers' Hall

 

 

ST. JOHN'S    }                    SUPREME COURT OF NEWFOUNDLAND.
TO WIT          }
Robert Mundy Agent of Herring Neck maketh oath and saith that on the twenty-first day of July A.D. one thousand eight hundred and eighty Four at Herring Neck District of Twillingate he, this Deponent, was present and did see Richard S Philpott --- late of Herring Neck the Testator named in the paper writing hereunto annexedmarked D duly sign (by making his mark) publish and declare the said annexed paper writing as and for a Codicil to last Will and Testament, in the presence of this Deponent and of John Philpott
the other subscribing witness          thereto. That Deponent and said John Philpot then signed their names to such Willcodicil as such witne-ses,the said John Philpott by putting his mark thereto in the presence of the said Testator and of each other---That previously to the said WillCodicil being so signed as aforesaid, by the said Testator and the said witnesses, it was read over to, and approved of by the said Testator in the presence of Deponent and the said John Philpott and that at the time of the said execution of the said WillCodicil the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

SWORN BEFORE ME at St.            }                              Robert Mundy
John'sTwillingate aforesaid, this 2nd  }                                     Agent
day of February                                   }
A.D. One Thousand Eight                  }
Hundred and Eighty Five                    }
F. Berteau,
Commissioner, of Affdts Supreme Court

 

 

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

                    }
TO WIT      }
William Lethbridge of Twillingate in the Northern District Merchant maketh oath and saith that on the twenty fourth day of August A.D. one thousand eight hundred and eighty two at Twillingate he, this Deponent, was present and did see Richard Philpott late of Herring Neck the Testator named in the paper writing hereto annexed,marked A duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of the Reverend John Hewitt the other subscribing witness thereto. That Deponent and said John Hewitt then and there signed their names to such Will as such witnesses, in the presence of the said Testator and of each other

and that at the time of the said execution of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

SWORN BEFORE ME at St. John's Twillingate, F.B.in          }
the Island aforesaid, this Eighth          }                    William Lethbridge
day of May                                            }                    William Lethbridge
A.D. One Thousand Eight Hundred    }
and Eighty Five                                    }
F. Berteau
Commissioner of Affts
Commissioner Affdts Supreme Court
          -------------------

 

 

Northern District  }          SUPREME COURT OF NEWFOUNDLAND.
Twillingate            }                    ------------------------------------------------
                              }
TO WIT                }
John Stone of Herring Neck in the Said District maketh oath and saith that on the 29th day of March A.D. one thousand eight hundred and eighty four at Herring- - Neck Aforesaid he, this Deponent, was present and did see Richard Philpot late of Herring Neck Aforesaid the Testator named in the paper writing hereto annexedmarked B duly sign, publish and declare the said annexed paper writing as and for a codicil to his last Will and Testament, in the presence of this Deponent and of Stephen Stuckley the other subscribing witness thereto. That Deponent and said Stephen Stuckley then and there signed their names to such WillCodicil as such witnesses,the said Stephen Stuckley by making his mark thereto in the presence of the said Testator and of each other

and that at the time of the said execution of the said WillCodicil the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

SWORN BEFORE ME at St. John's Twillingate, in          }          John Stone
the Island aforesaid, this Twenty          }
First day of April -                                }
A.D. One Thousand Eight Hundred    }
and Eighty Five                                    }
F. Berteau,
Comser Affdvts Supreme Court AfeC(?)

 

 

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

Twillingate  }
                    }
To wit          }
The Reverend John Hewitt of Herring Neck, Clerk in Holy Orders maketh oath and saith that on the Eighth day of April A.D. One Thousand Eight Hundred and Eighty Four at Herring- - Neck, District of Twillingate he this Deponent was present and did see Richard Philpott late of Herring - Neck Planter the Testator named in the paper writing hereto annexed duly sign, and deliver ---- publish and declare the said annexed paper writing as and for a Codicilto his last Will and Testament in the presence of this Deponent and of John Philpott _________ then and there signed their names to such Will Codicil as such witnesses the said John Philpott putting his mark thereto in the presence of the said Testator and of each other ---------------------------------------------------------- ---------------------------------------------------------------------------------- and that at the time of the said execution of the said WillCodicil the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

Sworn before me, at Twillingate in          }                    John Hewitt
The Island aforesaid, this Twelfth ---      }
Day of January     A.D. One                    }
Thousand Eight Hundred and Eighty Five }                Clerk in Holy Orders.

F. Berteau
Commissioner of Affidavits
Supreme Court

(Note: Initials F.B. in left margin beside line 8.)

 

 

S.C.

In re Will of late
Richard Philpott
late of Herring Neck
deceased -
--------------

Fiat for probate -
to Will & Codicilannexed of
late Richard Philpott
J.I. Little
A.J.

 

 

To                    
The Honorable Sir
F.B.T. Carter
K.C.M.G.
Chief Justice of The
Supreme Court of
Newfoundland - or to
One of The other Honorable
Judges thereof ---          

The Petition of John Hewitt of Herring Neck - in the Northern District of Newfoundland - Clerk in Holy Orders - and George Florence of same place - Planter

Humbly sheweth

          That Richard Philpott late of Herring Neck aforesaid Planter - deceased - died at Herring Neck on the Thirtieth day of November last - leaving him surviving his Widow Susannah Philpott - and Two Sons viz. Joseph and John - and Four Daughters viz. Amy - Mary Ann - Miriam and Charlotte -

          That the said deceased Richard Philpott left a will and Three Codicils - all of which have been proven in due form of law - as will appear by the Paper-writings hereunto annexed.

That

Page 2

          That in and under said Will your Petitioners were nominated and appointed Executors -
That the said deceased at the time of his death was possessed of property Monies and Effects of the probable value of Three Thousand six Hundred Dollars -
That no Probate or Administration has as yet been taken out to his Estate -
Your Petitioners Therefore pray that Probate of the will of the said Richard Philpott with the Codicils annexed - may be granted to them - and as in duty bound They will Ever pray ---
          Twillingate this Twelfth day of January A.D. 1885

John Hewitt
George Florence

Signed before me at          }
Twillingate this 12th         }
day of January A.D.1885  }
F. Berteau
Commissioner Affidavits
Supreme Court.

 

 

Supreme Court

Twillingate  }
to wit           }
John Hewitt of Herring Neck in the Northern District of Newfoundland Clerk in Holy Orders - and George Florence of same place Planter - (The Petitioners within named) severally make oath and say that the contents of the within written Petition are Correct and True -

Sworn before          }
me at Twillingate    }
aforesaid this           }
Twelfth day             }                                        John Hewitt
of January               }
A.D. 1885               }                                        George Florence
F. Berteau
Commissioner Affidavits
Supreme Court.
-------------------

 

 

Supreme Court

In the matter
of the Will of late
Richard Philpott
of Herring Neck -
deceased -

Petition Afft -
&c.
           3.75
Rnp    6.00
Copy  2.00
2 affts   .50
Catg      50
   12.75/100
------------

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Monday February 11, 2019)

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