1888

Duder, Henry John

Granted

February 20, 1888

(Transcriber's note: a section of the left side of this document is missing along with some data, indicated by ??????)

Newfoundland
Supreme Court

AFFIDAVIT

You shall swear that you believe this to be the true Last Will and Testament of Henry Duder late of Saint Johns in the Central District Victualler deceased.

??????????? you will pay all the Debts and Legacies of the Deceased, as far as the Goods shall extend ????????ind you; and that you will exhibit a true, full and perfect Inventory of all and every the ????????nd Credits of the deceased, together with a just and true account into the Registry of the Su-??????? Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the Goods, Rights, Chattles, Assets, Credits and Effects of the said Henry Duder to the best of your knowledge, judgment and belief, amount to the value of ??ight thousand dollars.

So help you God

Sworn before me, at St. John's
this 18^th day of
February A.D. 1888 by the
said J.S. Duder and C. Macpherson

Geo. I. Adams
Commissioner of Affidavits, Supreme Court

Estate of ?????? ?????

late of St. ???????

In the Cent???? District

Victualler deceased

Dated

20^th February 1888

Probate granted to Jane S. Duder

and Campbell McPherson two of

the Executors named in the Will the
??? of the other Executors ????
Comp??? Duder? being ?????

Estate sworn under $8000.00

Henry John Duder

Supreme Court
Probate Side

Newfoundland
St. Johns
To Wit

George Lemessurier of Saint Johns aforesaid Barrister at Law maketh oath and saith that on the fourth of January Anno Domini one thousand eight hundred and eighty seven at Saint Johns aforesaid he this deponent was present and did see Henry John Duder the testator named in the paper writing hereto annexed duly sign publish and declare the same as and for his last will and testament in the presence of this deponent and of William Campbell the other subscribing witness thereto. That deponent and said William Campbell then and there subscribed their names to the said paper writing of the said testator and of such others all present at the same time. That the said testator at the time he so signed and published the said paper writing was of sound and disposing mind memory and understanding to the best of deponents knowledge and belief.

Sworn before me at Saint
Johns aforesaid this 15^th                    George LeMessurier
day of February A.D. 1888
Truscott Emerson
Commissioner

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

          The petition of Jane Sophia Duder of Saint Johns in the said Island Widow and Campbell McPherson of same place Dry Goods Merchant

Humbly Sheweth

          That Henry John Duder late of Saint Johns aforesaid Victualler deceased died on the ninth day of February with a will which is hereto annexed marked A

          That at the time of the decease of the late Henry John Duder he was possessed of property and effects of the probable value of seven thousand five hundred dollars.

          That your petitioner and Thomas Congdon Duder of Fogo in the said Island Mercantile Agent were appointed Executor under said will of said late Henry John Duder

          That the said Thomas Congdon Duder is at present absent and at Fogo with which place communication is at present very slow and dilatory

          That no letters of Probate or administration to the Estate of the said late Henry John Duder have been granted.

          Your petitioner therefore humbly prays that your Honorable Court or one of the Honorable the judges thereof will grant probate of the will of the said late Henry John Duder to your petitioner and Thomas Congdon Duder, the Executors named in said will.
Dated at Saint Johns Newfoundland
this 16^th day of February AD 1888
J.S. Duder
T. Emerson?

(written sideways in the margin of this page:) Henry John Duder

Newfoundland
Saint Johns to wit

          Jane Sophia Duder and Campbell McPherson the petitioners named in the foregoing petition severally make oath and say that the several matters and things set forth in foregoing petition ?????????????? to the best of deponents knowledge and belief.

Sworn before me at                              J.S. Duder
Saint Johns aforesaid                           T. Emerson
this 16^th day of February
A.D. 1888

Geo Adams
Comm'r

Supreme Court
Probate Side

In the matter of the
Estate of Henry John
Duder late of St. Johns
Victualler deceased

Petition for Probate

Fiat

Thomas Pinsent
A.J.

Feb17/88

A

This is the Last Will and Testament of me Henry John Duder of Saint Johns in the Island of Newfoundland Victualler revoking any will or wills by me heretofore made Imprimis I will devise and bequeath to my Executors hereinafter named all the Estate Lands Houses Money Goods Debts Effects Stock Debentures or Securities of what nature or kind soever of which I may die possessed and of which before decease I shall not have made disposition or which I may be entitled to. Upon the Trusts hereinafter contained and set forth.
1^st. For my Executors to pay all my just debts and funeral and testamentary expenses.
2^nd. To collect all debts due to me and to realize so much of my property as does not subsist in land or other good investments and to invest the proceeds of such collection and realization in some good and substantial security and securities.
3^rd. To permit and suffer my beloved wife Jane Sophia Duder to use occupy and enjoy all my household furniture and effects landed property and the ??? issues and profits thereof during the term of her natural life and without impeachment of waste
4^th. To pay to my said wife in equal half yearly payments during the term of her natural life all the interest rents issues and profits arising from the residue of my Estate invested as aforesaid.
Secundo - Upon the decease of my said wife I will devise and ordain the following dispositions and distribution of my Estate goods debts and effects
1^st The interest in my Dwelling House and premises on Water Street in Saint Johns I give devise and bequeath to my children Thomas Congdon Duder, William Henry Duder, Charles Robert Duder, Emma McPherson, Mary Ann Le Messurier and Jane Sophia Harvey and the survivor and survivors of them share and share alike as tenants in Common and not as joint tenants.
2^nd I give devise and bequeath to my daughter Emma McPherson, Mary Ann Le Messurier and Jane Sophia Harvey that portion of the Farm situate on the Old Portugal Cove Road, and lying to the South of land purchased by my son Thomas Congdon Duder from me (in the year Eighteen hundred and Eighty five? being bounded on the north and west by said land sold to Thomas Congdon Duder by land of one Stafford and East by said Old Portugal Cove Road, the same to be divided amongst them in equal shares
3^rd I give devise and bequeath to my son Charles Robert Duder that portion of the Farm lying immediately to the north of and adjoining land sold to my son Thomas Congdon Duder (including Farm house and old Barn) having a frontage on Old Portugal Cove Road of not less than two hundred feet from northern boundary of land sold to Thomas Congdon Duder but extending so far north as to take in water tank and trough now in Farm Yard and extending in the rear until it meets Rennies River
4^th I give devise and bequeath to my son William Henry Duder that portion of the Farm lying between portion already bequeathed to my son Charles Robert Duder and land occupied at present by one Walsh having a rearage from Old Portugal Cove Road of six hundred feet.
5^th I give devise and bequeath to my sons Thomas Congdon Duder, William Henry Duder and Charles Robert Duder the balance or remainder of the Farm being land to the west of portion bequeathed to my sons William Henry Duder and commonly called the marsh as Tenants in Common on condition that they pay to my son George William Duder (should he survive me and my beloved wife Jane Sophia Duder) the sum of eight hundred dollars as his full and complete share and interest in my Estate he having already received advancement from me and should my said sons Thomas Congdon Duder William Henry Duder and Charles Robert Duder fail to pay my son George William Duder the sum of eight hundred dollars as above then I direct my Executors to sell and dispose of the balance or remainder of my Farm by Public Auction or private sale or sales and should the proceeds of such sale or sales exceed the sum of eight hundred dollars then to pay to my son George William Duder the said sum of eight hundred dollars and to divide the balance if any between my sons Thomas Congdon Duder Willim Henry Duder and Charles Robert Duder share and share alike but should the proceeds of such sale or sales not amount to eight hundred dollars then to pay the sum so realized by such sale or sales whatsoever it may be to my son George William Duder as his full and complete share and interest in my Estate.
6^th I give devise and bequeath to my sons Thomas Congdon Duder William Henry Duder and Charles Robert Duder one moiety or half share of land situate near the Rope Walk near Saint Johns as tenants and bequeath to my son Charles Robert one third undivided part or share of the remaining moiety or half share of said land situate near the Rope Walk and the remaining two-thirds undivided parts or shares of the said remaining moiety or half share of said land situate near the Rope Walk I declare is the property of my son Charles Robert Duder he having purchased same from me and paid me is entitled to the same and to a conveyance thereof should he desire it.
7^th I give devise and bequeath to my son Thomas Congdon Duder one moiety or half share of certain land situate near Waterford Bridge in Saint Johns aforesaid and formerly in possession of one Rielly, and I declare that the remaining moiety or half share has been purchased from me by my son Thomas Congdon Duder for which he has paid me.
All the rest residue and remainder of my Estate to be realized if need by my Executor and converted into Cash I give devise and bequeath to my said children Thomas Congdon Duder William Henry Duder Charles Robert Duder Emma McPherson Mary Ann Le Messurier and Jane Sophia Harvey share and share alike ??? all bequests to my above named daughters to be ??? to their sole and separate use and free and ???dent of the debts liability or control of any Husband they now have or may hereafter have.
????????? my will and direction that should my ?????tors deem it advisable at the time of my ????ease to carry on the business for a year or less ??? work off all stock which may there be on hand ??? they shall be at liberty so to do.
????? I appoint my beloved wife Jane Sophia Duder my son Thomas Congdon Duder and my son-in-law Campbell McPherson to be the joint Executors of this my last will and testament.
Signed by the said Testator
William Henry Duder as and for
my last will and Testament
in the presence of us present
??? the same time who at his                    Henry I Duder
request in his sight and--------
presence and in the presence
of each other have subscribed
our names as attesting witnesses
this Fourth day of January A.D.
Eighteen hundred and Eighty
seven.

Geo Le Messurier
William Campbell