Sir Hugh W Hoyles
          1888

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

Be it Remembered That on this Second day of June in the 51^st Year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and in the Year of our Lord One Thousand Eight Hundred and Eighty-eight personally appeared Augustus O Hayward of Saint John's in the Island of Newfoundland, One of Her Majesty's Counsel and did acknowledge himself to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of Ninety eight thousand Dollars to be had, made and levied on his Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following :---

Now the Condition of this Obligation is such, that if the above bounden Augustus O. Hayward as Administrator for C.t.a. of the Estate and Effects of Sir Hugh W. Hoyles late of Halifax, Nova Scotia, Knight deceased, do make or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said Augustus O. Hayward as such Administrator or to the hands or possession of any other person, or persons, for him and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 2^nd day December of next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of him the said Augustus O. Hayward or to the hands or possession of any other person or persons for him shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of his said Administration, on or before the 2^nd day of June which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-nine and afterwards from time to time as he shall be lawfully required. And all the rest, residue, and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such a manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.

Signed and sealed
in the presence of                              Augustus O. Hayward
Geo. I. Adams
Comm'r Affdts

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

ST. JOHN'S }I do swear that I believe that Sir Hugh W. Hoyles
To Wit          }late of Halifax in the province of Nova Scotia, Knight deceased, died with a Will; and that I will well and truly administer all and every the Goods of the said deceased and pay his debts, so far as his Goods will extend: and that I will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of my Administration into the Registry of the said Court, within six months from the date hereof, or when I shall be thereunto lawfully required; and that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said deceased which he died possessed of, within the jurisdiction of this Court,  do not, according to the best of my knowledge, judgment and belief, amount to the value of Forty nine thousand dollars.

Sworn before me, at St. John's, the 2^nd day of
June in the year of Our Lord One Thousand          Augustus O. Hayward
Eight Hundred and Eighty-eight

Geo. I. Adams
Commissioner of Affidavits

1888

Estate of Sir Hugh W. Hoyles

late of Halifax

In the Province of Nova Scotia

Knight deceased

Dated 2^nd June 1888

Admin C.t.a granted

to Augustus O. Hayward

of St. Johns Queen's Counsel

Sureties

Augustus O. Hayward ???
on his own recognizance

Estate sworn under
           $49,000.00

A

IN HER MAJESTY'S SURROGATE COURT

OF THE COUNTY OF YORK

          BE IT KNOWN, that upon search being made in Her Majesty's Surrogate Court of the County of York, it plainly appears that on the 16^th day of February A.D. 1888, the last will and testament with one Codicil thereto of Sir Hugh W. Hoyles, late of the City of Halifax in the Province of Nova Scotia, Knight, deceased, who died at Halifax, on or about the lat (sic) day of February, A.D. 1888, and had at the time of his death a fixed place of abode at Halifax in the said Province of Nova Scotia, was proved by - - Norman Wright Hoyles one of the Executors therein named, and which said Probate now remains of record in the said Surrogate Court. The true tenor of the said Probate is in the words following, to wit:-

IN HER MAJESTY'S SURROGATE COURT

OF THE COUNTY OF YORK

          BE IT KNOWN, that on the Sixteenth day of February in the year of our Lord one thousand eight hundred and eighty eight the Last Will and Testament and Codicil thereto of Sir Hugh Wm. Hoyles late of the City of Halifax in the Province of Nova Scotia, Knight, deceased, who died on or about the First day of February in the year of our Lord one thousand eight hundred and eighty eight at the City of Halifax in the Province of Nova Scotia, and who at the time of his death had a fixed place of abode at the City of Halifax in the said Province of Nova Scotia, was proved and registered in the said Surrogate court, a true copy of which said Last Will and Testament and codicil thereto is hereunder written; And that the administration of all and singular (sic) the personal estate and effects, rights and credits, of the said deceased, and in any way concering (sic) his will and Codicil thereto was granted by the aforesaid Court to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N E W M A N  W R I G H T   H O Y L E S - - - - - - - -
of the City of Toronto in the county of York, Esquire, one of the Executors named in the said will and codicil thereto He having been first sworn well and faithfully to administer the same, by paying the just debts of the deceased and the legacies contained in his will and codicil thereto so far as he is thereunto bound by law; And to exhibit a true and perfect Inventory of all and singular the said estate and effects, rights and credits, and to render a just and true account of his executorship whenever required by law so to do.

(?? S.)          (sgd) JOSEPH E. McDOUGALL          (sgd) J.G. BROWN
                              Judge Surrogate Court.                              Registrar.

B

          This is the Last Will of me H U G H  W.  H O Y L E S of Toronto, Knight, as follows, -
          I revoke all former wills. I give devise and bequeath to my Executors hereinafter named and their heirs all my estate real and personal Upon Trust to invest the same to the best advantage and out of the annual proceeds thereof in the first place to pay to my wife Jean Hoyles during her life the sum of two thousand dollars annually and also any further sum which by reason of sickness expense of travel or other unforeseen contingencies she may require for her comfortable maintenance and after the payment of such monies Upon Trust to divide the residue of such annual proceeds amongst my children equally to whom after my wife's decease the whole of my said estate is to belong in equal shares as tenants in common. I further direct that my daughters share of both proceeds and principal shall be for her sole and separate use independently of the debts or control of any husband and to such uses as she shall by writing direct and appoint and that in default of her making appointment of the whole of her shares during her life or by her will the residue undisposed of shall be divided amongst her children her surviving and in the event of no appointment and no surviving children such residue shall be divided one half to her present husband if then surviving and the other half to her next of kin. I also direct that in the distribution of my property (proceeds and principal) the children of any of my deceased children shall represent their deceased parent, and that the amounts advanced by me beyond personal and educational expenses to my sons Newman and Hugh as appearing in their accounts in my small red ledger shall be deemed parts of their shares of my estate.
          I appoint my said wife and my son Newman Executors of this my will.

(sgd) HUGH W. HOYLES

          Signed published and declared by the said testator as his last will in our presence who in his presence and in the presence of each other have hereto signed our names as witnesses at Toronto this 31^st day of January A.D. eighteen hundred and eighty one.
(sgd)          Frederic Moffatt
(sgd)          Chas. Wright

          By this Codicil to my foregoing will I the said testator Hugh W. Hoyles do direct and declare that my executors shall have full power and authority to sell and dispose of all or any part of my landed property as they may think fit for the better realization and distribution of my estate.

(sgd) HUGH W. HOYLES

          Signed published and declared by the said testator as a codicil to his will in our presence who in his presence and in the presence of each other have hereto signed our names as witnesses at Toronto this 27^th day of April A.D. 1881.

          (sgd) C.W. Thompson of Toronto, Law - student
          (sgd) R.W. Boyd of Toronto, Law - student

C

          In faith and testimony whereof these Letters Testimonial are issued.
          Given at Toronto in the County of York as to the time of the aforesaid search and the sealing of these presents this Fifth day of March, A.D. 1888

J. G. Brown
Registrar

SURROGATE COURT
COUNTY OF YORK

IN THE GOODS OF

Sir HUGH W. HOYLES
deceased

EXEMPLIFICATION OF
PROBATE

ENRIGISTERED IN

BOOK          XX111

Folio          311

(Written in margin of this page)
$170??
07/0/88
G ???
Reg

D

          WHEREAS   Sir Hugh W. Hoyles of the city of Halifax in the Province of Nova Scotia Knight deceased died on the first day of February A.D. One thousand eight hundred and eighty eight at the City of Halifax aforesaid having made and duly executed his last Will and Testament with one Codicil thereto the said Will bearing date the Thirty first day of January A.D. Eighteen hundred and eighty one and the said Codicil bearing date the twenty seventh day of April One thousand eight hundred and eighty one and in and by his said Will nominated and appointed his wife Jean Hoyles (since deceased) and Newman W. Hoyles Executors thereof ______
          AND WHEREAS Probate of the said Will in the Province of Ontatio was granted unto the said Newman Wright Hoyles as sole surviving Executor appointed by the said Will. _____________________
          NOW I said Newman Wright Hoyles at present residing at the City of Toronto in the County of York and Province of Ontario Do hereby nominate constitute and appoint Augustus O. Hayward of the city of St. Johns in the Island of Newfoundland Esquire one of Her Majestys (sic) Counsel learned in the Law to be my lawful Attorney for me and in my name as Executor of the Will of said Sir Hugh W. Hoyles Knight deceased formerly Chief Justice of Newfoundland to take out administration cum testament annexo of said Hugh W. Hoyles in respect of all and singular the estate and effects rights and credits of the said Sir Hugh W. Hoyles deceased situate in the Island of Newfoundland.    And all necessary Bonds or other Securities for the same in my name as Executor or otherwise to sign seal and deliver And on the grant of such Probate or Letters of Administration to act and do all things thereunder in my name as such Executor or Administrator as fully as if I were personally present.   And generally to do all lawful acts and things necessary for the said several promises and transactions whatsoever, thereby ratifying and confirming all whatsoever my said Attorney shall lawfully do or cause to be done about the said several promises.
          In witness whereof I have hereunto set my hand and seal this nineteenth day of May A.D. 1888

Signed sealed and delivered
in the presence of                                        N.W. Hoyles
Geo. Minty

Dated          1888

In the Goods of
Sir Hugh W. Hoyles
deceased

N. W. Hoyles
____??_____
Augustus O. Hayward

Power of Attorney

Moss Barwick & Franks

County of York }I George Dyett Minty of the City of Toronto in
To Wit                }the County of York Student? at Law make oath and say:

1. That I was personally present and did see the within Power of Attorney duly signed sealed and executed by H. W. Hoyles one of the parties thereto.
2. That the said Power of Attorney was executed at the City of Toronto aforesaid.
3. That I know the said party
4. That I am a subscribing witness to the said Power of Attorney

Sworn before me at the City of
Toronto in the County of York
this 21^st day of May                                        G.D. MINTY
A.D. 1888

Fred'l Moffatt
A Commissioner
for Taking affidavits to be
used in Newfoundland

Supreme Court

To
The Honorable Sir F. B. T. Carter
?. C. M. G. Chief Justice - or to one
of the other Honorable Judges
of the Supreme Court of
Newfoundland

          The Petition of Augustus O. Hayward of St. John's - Barrister at Law -

Humbly Sheweth

          That Hugh W. Hoyles late of Halifax - Nova Scotia - deceased - Knight - and formerly Chief Justice of Newfoundland - died at Halifax aforesaid on or about the First day of February last leaving him surviving three Sons and one Daughter.
          That the said deceased made a Will at Toronto in the Dominion of Canada with One Codicil thereto - and which have been proven in due form of law in Her Majestys (sic) surrogate Court of this County of York - and Probate granted thereto to Newman Wright Hoyles - the surviving Executor named in the said Will - as will appear by the Paper writing thereto

annexed marked A B & C ------------------------
respectively the same being an exemplified copy of said Probate           That the said deceased Sir Hugh W. Hoyles left property monies and effects in Newfoundland of the probable value of Forty nine Thousand Dollars ____
          That no probate or Administration has as yet been taken out to his Estate in Newfoundland -
          That your Petitioner has been agent in Newfoundland for the said deceased use since he left this Colony up to the time of his decease.
          That your Petitioner has received a Power of Attorney from the said Newman Wright Hoyles the Executor under this Will and of the said Sir Hugh W. Hoyles, deceased in Newfoundland - which is hereto annexed marked D
          Your Petitioner therefore prays that Letters of Administration cum testament annexo of said deceased may be granted to him upon his non? security? and as in duty bound he will ever pray

St. John's
April 25^th 1888
Augustus O. Hayward

Supreme Court
Newfoundland

St. Johns
To Wit          Augustus O. Hayward of St. John's aforesaid Barrister at Law (the Petitioner within named) maketh oath and saith that this content of the within written Petition are correct and true

Sworn before me
at St. John's this
Twenty fifth day of
April A.D. One                              Augustus O. Hayward
thousand eight
hundred and
eighty eight

Geo. I. Adams
Comm'r Affdts

(Left side of page faint and unreadable)

Supreme Court

In the matter of the
Estate of Sir Hugh
W. Hoyles - Knight
deceased

Petition of Augustus
O. Hayward
affidavit
Exemplified C of
of Will - and
Power of Attorney

Let Administration c.t.a. be granted to the within named Augustus O. Hayward
???
C.J.
??? 2/88