Arthur N. Pitts
          1885

Estate of Arthur N. Pitts 1885
From LDS Microfilm #2057177

NEWFOUNDLAND   }
In the Supreme Court  }

AFFIDAVIT.
----------

You shall swear that you believe this to be the true last Will and Testament of Arthur N. Pitts late of Saint Johns in the Central District of the Island of Newfoundland Accountant 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 Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of New-foundland, 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 Arthur N Pitts ------------ deceased, and of which he -------- died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Thirteen Thousand -------------------------------------- Dollars

So help you God.

Sworn before me, at St. John's  }                    James S. Pitts
this 28^th                                     }                    ------------------
December A.D., 1885.              }
Otto Emerson
---------------
Commissioner of Affidavits, Supreme Court.

1885

Estate of Arthur N Pitts
late of St Johns
in the Central District
Accountant deceased

Dated Dec 30/85

Probate granted to James S
Pitts
the Executor named in the Will

Estate sworn under $13000⁰⁰/₁₀₀

This is the Last Will and Testament of me Arthur^N. S. Pitts of S^t Johns Accountant.
I bequeath the whole of my Estate real and personal to my Executor hereinafter named subject to and in trust to pay therefrom the following charges and legacies. I devise that all my just debts and funeral and testamentary Expenses shall first be paid and dis-charged - I bequeath to my sister Selina Dickinson Two hundred and fifty pounds Currency for her sole and separate use.
I bequeath to my sister Mary Julia Ayre Two hundred and fifty pounds currency for her sole and separate use. I bequeath to my sister Lydia Gertrude Ayre Two hundred and fifty pounds Currency for her sole and separate use. I bequeath to my sister Fanny Cochrane Pitt Three hundred and fifty pounds Currency^(£350) for her sole and separate use. I bequeath to my sister-in-law Augusta Louise Pitts widow of my late brother George Pitts One hundred pounds sterling for her sole and separate use. I bequeath to my sister in law Mary Pitts wife of my brother
                              James
(Note: Initials JSW and LGM found in left margin opposite lines 1&9 (typed); lines 2&22 (written).

Page 2

James S. Pitts Two hundred and fifty pounds Currency for her sole and sepa-rate use. I bequeath to the four chil-dren of my late brother George A. Pitts the sum of Fifty pounds sterling Each which amount I devise shall be deposited in the Government Savings Bank at interest for Each of them, and shall be paid to Each with its accumulated interest upon his or her attaining the age of twenty one years. In the Event of the death of any one of said Children before attaining twenty one years the said legacy to him or her shall go to the survivors of them Equally, and be paid to them upon attaining twenty one years. In the Event of all of said four children dying before attaining twenty one years of age I devise that the amount bequeathed to them as aforesaid shall be Equally divided among the male children of my sisters Selina Mary Julia Lydia Gertrude and Fanny Cochrane who shall be living at the time of the death of the last survivor of the said four children - I bequeath to William
                              Izod(?)

Page 3

Izod Dickinson the sum of Fifty pounds Currency. I bequeath to Minnie Dickinson daughter of my sister Selina Dickinson Twenty five pounds Currency. I bequeath to the Directors of the new Wesleyan College now in course of erection the sum of One hundred pounds Currency, which sum I devise shall be safely invested and the interest applied to the purchase of a thereupon given^annually as a prize to one of the Boys attending the said College who shall write the best essay on any given English subject. I bequeath to the Trustees of the Cochrane Street Metho-dist Church Twenty five pounds Currency in aid of the liquidation of the debt upon said Church - I devise that the said^several legacies shall be paid and discharged as follows. One half the amount of Each legacy at the Expiration of two years and one half at the expiration of four years from the date of my death. The whole of the residue of my estate real and personal I bequeath to my brother James S. Pitts for his own use and benefit
                              And

(Note: Initials JSWand LGM found in left margin beside line 5 (typed); line 10 (written).)

Page 4

And I appoint my said brother James S. Pitts sole Executor of this my last Will
Dated at S^t Johns this twentieth day of August A.D. 1885

Witnesses      }                              A.N. Pitts
J.S. Winter  }
---------------
L.G. MacKay

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

St Johns     }
TO WIT     }
James S. Winter of Saint Johns Barrister at Law maketh oath and saith that on the twentieth day of August A.D. one thousand eight hundred and eighty five at St John's aforesaid he, this Deponent, was present and did see Arthur N. Pitts late of St Johns Accountant the Testator named in the paper writing hereto annexed, 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 Leslie G. M^cKay of Saint John's the other subscribing witness thereto. That Deponent and said Leslie G. M^cKay 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, in  }
the Island aforesaid, this                           }                              J.S. Winter
24 day of September^December                }                              ---------------
A.D. One Thousand Eight Hundred        }
and Eighty five                                          }
F.F. Meechor(?)
Comm
---------

I certify that the notice on the other Side hereof Written was posted in my office on the day of the date thereof and has remained there until this day and that no Caveat or other objection has been Entered thereto
          St John's 18 Dec 1885

Geo J Adams
A.C. S.C.

Notice

After three days application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for Probate of the Will of Arthur N Pitts of Saint Johns Accountant to be granted to James S. Pitts of Saint Johns merchant Sole Executor named in said will
          St Johns November 27, 1885
Winter & Morison
------------------------
Proctor for Said Ex^rs
G.J.A
--------

Supreme Court

In the matter of the
Estate and Will of
Arthur N. Pitts of
St John's merchant

Petition for Probate
Fiat Decr 30/85 -
J.I. Little
A.J.^S.C.

The Attn General's Affidavit
has not been sworn to -
let this be done at once
J.I.L.
Messers
Winter & Morison -

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

The Petition of James S. Pitts of Saint Johns merchant

Humbly Sheweth

That Arthur N. Pitts late of Saint Johns Account died there on or about the fifth day of September last having previously made and executed his last Will and Testament of which he appointed Your petitioner sole executor and which will is hereto annexed
That said Arthur N Pitts was at the time of his death possessed of property of the probable value of Twelve thousand dollars
That no Probate of any will and Administration of the Estate of Said deceased has been granted to any person

          Petitioner therefore prays that Probate of the said Will may be granted to him
          And as in duty bound he will Ever pray &c
          Dated at St Johns this 27^th24th day of September^December A D 1885 -

---------
James S. Pitts
-----------

(Note: Initials O.E. (between two (2) lines) found to the right of '&c' and after 'December'.)

Supreme Court

Newfoundland          }
St Johns   to wit        } James S. Pitts of Saint Johns merchant the Petitioner named in the foregoing petition maketh oath and Saith that the several matters and things in the said Petition contained and set forth are Correct and true

                              James S. Pitts

Sworn before me at          }
St Johns this 24^th             }
day of September^December}
A D 1885
Otto Emerson
Comm^r
---------

(Note: Initials O.E. (between two lines) to the right of 'December'.)