William Pitts
          1885

Estate of William Pitts 1885
From LDS Microfilm #2057177

SUPREME COURT OF NEWFOUNDLAND.
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                    }
TO WIT      } James Spearman Winter of Saint John Queens Counsel maketh oath and saith that on the Sixteenth day of October A.D. one thousand eight hundred and eighty four at Saint Johns he, this Deponent, was present and did see William Pitts late of Saint Johns Merchant 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 James P. Parsons the other subscribing witness thereto. That Deponent and said James P. Parsons 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 the time of the said execution of the said Will the said Testat--- 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                              J.S. Winter
the Island aforesaid, this                    }                                  ---------------
9^th day of January                             }
A.D. One Thousand Eight Hundred }
and Eighty four                                  }
F. ____sole?
Comm
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To the Honourable the Supreme Court or one of the Honourable the Judges thereof.

The Petition of James Stewart Pitts of Saint John merchant

Humbly Sheweth

That William Pitts late of Saint Johns merchant died there on the tenth day of November last having previously made and Executed his last Will and testament which is hereto annexed of which he appointed your petitioner Sole Executor
That Said deceased at the time of his death was possessed of property of the probable Value of One hundred and twenty thousand dollars
That no probate of any will or administration of the Estate of deceased has been granted to any person

          Petitioner therefore prays that Probate of the Will of Said deceased may be granted to him. And as in duty bound he will Ever pray &c
St Johns          January 9, 1884
James S. Pitts
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Supreme Court

Newfoundland     }
St Johns to wit     } James Stewart Pitts of Saint John's merchant the Petitioner named in the forgoing Petition maketh oath and Saith that the Several matters and things therein Contained are Correct and true
James. S. Pitts
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Sworn before me at          }
St John's this 9^th              }
day of January AD 1885 }
Otto Emerson                 }
Comm^r
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Supreme Court

In the matter of the
Estate and Will of
William Pitts late
of Saint John's
merchant deceased

Petition for Probate
Fiat
FBT Carter
C.J.

Morison

This is the Last Will and Testament of me William Pitts of Saint Johns Merchant.
I revoke all former Wills and Codicils made by me
I bequeath the whole of my estate real and personal to my Executor hereinafter named for and subject to the following bequests. vz:
The I devise that the two new dwelling houses situate on the East side of the Kings Bridge Road with the buildings and land ad-joining thereto the cost of purchase and erection whereof are now standing to the debit of an account in my partnership business shall form and be part of any separate Estate and that the my own separate account shall bear and be charged with the said cost of purchase and erection.
I devise that the land stables and other accessories to the said dwellings be divided and appropriated as nearly as possible Equally to Each tenement and in each manner as shall be most convenient to Each.
I bequeath the Northern one of said tenements with the lands buildings and appurtenances to my son James Stewart Pitts for his sole and absolute use and benefit.
I bequeath the Southern one of said tenements with the lands buildings and appurtenances to my son - Arthur for his absolute use and benefit, subject to the rights of occupation hereinafter provided for my daughters Lydia Gertrude and Fanny Cochrane.
I direct that my daughters Lydia Gertrude and Fanny Cochrane shall have the right to live in and occupy the said tenement jointly with
                              my

Page 2

said Son Arthur until the marriage or death (unmarried) of Each. Upon the death or marriage of Either her right of occupation to cease - In the Event of Either of my said daughters not agreeing to continue to reside with the other as above provided she shall have the right to live Else-where and to receive from my said son Arthur an Equivalent yearly for^towards her support and main-tenance, for the value of her right of occupancy till her death or marriage.
I devise that the household furniture and Effects now in my dwelling house in Water Street be for the joint use of my said son Arthur and my said daughters Lydia Gertrude and Fanny Cochrane while they shall live together as afore-said, and as long as Either of said daughters shall remain unmarried. Upon the death or marriage of the last the said furniture and effects shall go to my general Estate.
I bequeath to my daughter Selina Dickinson the sum Five thousand dollars for her sole and separate use.
I bequeath to my daughter Mary Julia Ayre the sum of Five thousand dollars for her sole and separate use.
I bequeath to my daughter Lydia Gertrude the sum of Five thousand dollars for her sole and separate use.
I bequeath to my daughter Ly Fanny Cochrane the sum of Five thousand dollars for her sole and separate use.
I bequeath to my son Arthur the sum of Four thousand dollars, and direct that the balance to his debit in the books of the partnership be
                              wiped

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wiped off and charged against my separate account.
I bequeath to the children of my deceased son George Pitts who shall survive me the sum of Two thousand pounds sterling in Equal shares to Each.
I bequeath to my sisters Jessie and Julia an allowance of two^four hundred dollars per annum for their joint use and support during their joint lives and upon the death of either then for the use and support of the survivor for her life said allowance to be secured by a safe investment out of my estate.
I bequeath to my sister Belinda Ebsary the sum of Four hundred dollars.
I bequeath to Amy Salmon sister of my deceased wife the sum of One thousand dollars.
I bequeath to my grandson William Alison Pitts my gold Watch and Chain.
I bequeath to the Directors or Managers of the new Methodist Academy about to be erected the sum of Two thousand dollars, towards the cost of erection of said building
I direct that the sum of Four hundred dollars be invested at interest which shall be paid to the Trustees of the Gower Street and Cochrane Street Methodist Churches, to be applied to the purchase of gifts of food and other necessaries for the poor of the Congregation of said Churches Every year at Christmas.
I direct that the specific previous leg-acies of this my Will shall be paid to the several legatees as follows vz: one third within twelve months from my death, one third
                              within

(Note: Initials JSW found to the left of line# 8 (written); line #4 (typed).  There appears to be something other than the line underneath the initials but could not discern.)

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within two years and one third within four years from my death
I devise that my son James Stewart shall continue to carry on the business hereto-fore carried on by him and me and that my money and interest in the business shall remain in said business but subject to and the same are hereby declared to be Charged with or as security for the several legacies herein Contained.
I bequeath the whole of the residue of my Estate to my said son James Stewart Pitts and I appoint him sole Executor of this my last Will.

          S^t John's          October 11^th 1884

Witnesses                              W^m Pitts
J.S. Winter
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J.P. Parsons

Newfoundland             }
In the Supreme Court  }

AFFIDAVIT.
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You shall swear that you believe this to be the true last Will and Testament of William Pitts of Saint John's Merchant 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 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 William 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 One hundred and twenty thousand ---------- Dollars

So help you GOD.

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

SWORN before me, at St. John's   }
This ninth                                        }
day of January A.D., 1885              }
Otto Emerson
Commissioner of Affidavits, Supreme Court.

1885

Estate of William Pitts
late of St. John's
in the Central District
Merchant deceased

Dated 9^th January 1885
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Probate granted to
James Stewart Pitts
the Executor
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Est. sworn under 120000⁰⁰/₁₀₀
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(Following found to the right of above:)
Probate          $ 9.10
Filed?                5.10
                        14.20