David Baird
          1887

NEWFOUNDLAND, }
In the Supreme Court. }

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

You shall swear that you believe this to be the true last Will and Testament of David Baird Late of St. John's in the Central District of Newfoundland 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 ??? ??? ?ights, Chattels, Assets, Credits and Effects ?? ??? ??? David Baird deceased, and of which he died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of Forty five thousand Dollars

So help you God.

Margaret Baird

Sworn before me, at St. John's }
   this 10^th day of                      }
   January A.D., 1887.               }
          Geo. J. Adams
          Commissioner of Affidavits, Supreme Court.

1887

Estate of David Baird

late of St John's

in the Central District

Merchant deceased

Dated 12^th January 1887

Probate granted to
Margaret Baird one of
The Executors named in the Will
The other Ex^r Ja^s Goodfellow having
renounced
Estate sworn under $45,000

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

   The Petition of Margaret Baird
    of St. John's in the said Island
    Widow of David Baird deceased

Humbly Sheweth

                              That
your Petitioner's husband late of St. John's Merchant died on the fourth day of December last leaving him surviving your Petitioner two sons namely John A. M. Baird and David A. Baird and six daughters namely Margaret married to William R Firth, Annie married to David H. Sclater Jefsie Baird Mary Baird Selina Baird and Isabella Baird, all of full age.
                              That
the said David Baird made and published his last Will and Testament hereto annexed by which your Petitioner was appointed Executrix together with James Goodfellow an Executor who has renounced
                              That
the Estate of the said deceased consisted principally of his business as a Merchant carried on by him under the firm of Baird Brothers the value of which it would be difficult for your Petitioner to appraise but that the same does not to the best of Petitioners Knowledge exceed the sum of Forty Thousand Dollars.
                              That
no Probate or Administrations has been heretofore granted or applied for in respect of the said Will or of the said Estate.
                              Your
Petitioner therefore prays that Probate of the said Will may be granted to her.
                              And
as in duty bound &c

          St John's January 18^th AD. 1887.

Margaret Baird

Supreme Court

Newfoundland }
St John's fs:      } Margaret Baird
                          } of S^t Johns aforesaid
The Petitioner named in the within Petition maketh oath and saith that all and singular the matters and things in the said Petition mentioned and set forth are just and true.

Sworn before me at }
S^t. John's aforesaid  }                                     Margaret Baird
This tenth day of      }
January A.D 1887    }
                              Geo. J.Adams
                              Comm^r S.C.

Supreme Court

In the matter if the last Will
and Testament of David Baird,
late of S^t. John's, Merchant, deceased

          I, James Goodfellow of S^t. John's in the Central District of newfoundland, Merchant, make oath and say that I freely and voluntarily renounce all right to act as Executor of the last Will and Testament of David Baird late of St. John's Merchant, deceased, and that I have not in any way intermeddled with the affairs of the said Estate
Sworn before me at  }
S^t John's this 8^th day}
of January AD 1887 }                              J.Goodfellow

          Geo.J.Adams
               Comm^r S.C.

This is the Last Will and Testament of me David Baird of S^t Johns in the Island of Newfoundland Merchant.
1^st      I hereby revoke all other Wills by me heretofore made
2^nd     I give devise and bequeath to my Executors hereinafter named all the Estate real and personal of which I shall die pofsefsed Upon the Trust? Following
Imprimis Upon Trust to pay all my just debts and funeral expenses Secondly Upon Trust for my said Executors to realize the said Estate under the management and direction of my beloved Wife Margaret Baird in manner as hereinafter set forth Thirdly Upon Trust to distribute the said Estate as follows. To my said Wife one third part or share thereof and to my children the remaining two third parts or shares thereof share and share alike as tenants in common
3^rd     It is my express Will and desire that under no circumstances should any distribution of my said Estate take place until the lapse of twelve calendar months from my decease
4^th     It is my Exprefs Will and desire that the businefs now carried on by me under the style of "Baird Brothers" may after my decease be continued, subject to the Trust herein contained, for a period not exceeding ten years from my decease, should my said Wife consider it expedient or desirable to

To carry on the same in which event she shall be entitled to draw from said business annually the sum of Eight Hundred Dollars for her support and maintenance and the sum of One Hundred Dollars for the support maintenance and Education or advancement of each of my said children but it is also my^express desire that at the expiration of the said period of ten years or of such term as my said Wife shall continue said businefs my whole estate may be realized to the best advantage and ready for distribution without further delay.
5^th     When the time for distribution of my said Estate ^{as aforesaid} shall have arrived it is my Will and desire that such of my said children as shall then have attained the age of Twenty one years shall receive his or her respective share of my said Estate in the case of my said daughters to their sole and separate use free from the debts and control of any husband whom any of them may marry Should any child or children be then within the age of twenty one years it is my will and desire that his or her portion may be invested at interest upon good security and the annual proceeds thereof applied to his or her maintenance education or advancement until he or she shall become of age when such principal sum shall be paid to him or her. Should any of said children surviving me die before attaining the age of Twenty one years it is my will and desire that his or her share shall be equally divided

divided among my surviving children share and share alike as tenants in common
6.^th     I appoint my beloved wife Margaret Baird Executrix and my friend James Goodfellow of S^t John's Merchant Executor of this my Last will and Testament.
   Signed published and          }
Declared by the said David   }
Baird as and for his Last       }
Will and Testament on the     }
Twenty fourth day of June     }                                 David Baird
A.D. 1872 in the presence     } 
Of us who in presence of the }
said Testator and of Each       }
other have subscribed our      }
names as witnefses hereto.     }
          Alex =J.W. M^cNeily
                         Solicitor.
            I.R. M^cNeily
                       Clerk.

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

               }
TO WIT }
Alexander .J. W. M^cNeily

of St.John's One of Her Majesty's Counsel ??? ??? saith that on the Fourth day of June A. D. one thousand eight hundred and eighty seventy two at St. Johns aforesaid he, this Deponent, was present and did see David Baird late of St. John's ??? 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 I.?. M^cNeily the other subscribing witness thereto. That Deponent and said I.?. M^cNeily 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.

Alex^r J.W.McNeily
--------          

SWORN BEFORE ME at St. John's, in }
  the Island aforesaid, this 28^th               }
           day of December                           }
  A. D. One Thousand Eight Hundred     }
and Eighty six                                           }

                    ?.Sweeton
                              Comm

1886

Last Will and

Testament of David

Baird late of

Saint Johns

Merchant deceased -

Filed December 28/86

Fiat
                R.I. Pinsent
          A.J