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Miscellaneous Deeds, Grants, Petitions & Wills
(H)
William J. Hoyles

 

William J. Hoyles
          1888

 

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

ST. JOHN'S }I do swear that I believe that William J. Hoyles late
To Wit          }of Exeter, Devon England Clerk in Holy Orders ______ 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 nine thousand dollars.

Sworn before me, at St. John's, the 29th day of
May in the year of Our Lord One Thousand          Augustus Hayward
Eight Hundred and Eighty-eight

Geo. I. Adams
Commissioner of Affidavits

 

1888

Estate of William J. Hoyles

late of St. Johns Exeter, Devon, England

Clerk in Holy Orders deceased

Dated 29th May 1888

Admin C.T.A. granted to

Augustus O. Hayward

Sureties
Augustus O. Hayward

Estate sworn under
             $9000.00

 

 

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

Be it Remembered That on this            day of May in the 51st 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 Central District of Newfoundland, 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            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 c.t.a. of the Estate and Effects of William J. Hoyles late of Exeter, Devon, England 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 c.t.a. 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 (^date not entered) day of November 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            day of May 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                              Augustus O, Hayward
in the presence of

 

A

In the name of your holy, blessed, & glorious Trinity, three Persons & one God: Amen.
          This is ye last Will & Testament of me, William John Hoyles, Clerk revoking all other wills. I hereby will and bequeath to my most faithful & loving wife, Eliza Howe all my personal & real property; (feeling well assured she will make a good use thereof), ye same to be held used & enjoyed  by her during ye term of her natural life: with power to dispose of, before her decease, one third thereof, (said disposal to take effect after her decease) in such manner & to such purposes as she herself shall choose & determine. The remaining two thirds of my property aforesaid, shall after my wife's decease, be appropriated as follows, viz: to my brother Hugh William Hoyles in trust for ye several members of our (ye Hoyles) family, in such manner & in such proportions as he himself shall decree, one third

 

and ye remaining third I will to be invested by him in good securities & ye annual interest arising therefrom to be yearly & every year, given & paid to such poor & suffering persons being members of ??? church, ???church of God wh. He hath purchased with His own blood, as he ye said Hugh William Hoyles shall believe to be justly & religiously entitled to receive ye same according to my above religiously expressed desire, a desire wh. he himself will, I am persuaded? very well know how to understand & to interpret: & I do appoint my wife Eliza Howe to be executrix, & my brother Hugh William Hoyles to be my executor, of this my last will & testament.
          Witness my hand & seal affixed hereto so? ????? ye presence? of ye two subscribing witnesses this twenty? fifth day of June A.D. 1878.

W. J. Hoyles

Joseph? S W Neil                              Subscribing
Peter McBay                                     witnesses

 

 

B

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

St. Johns
To Wit
Peter McBay of St. John's aforesaid Sergeant of Police, maketh oath and saith that on the 25th day of June A.D. one thousand eight hundred and seventy eight at Carbonear in the Northern District he this deponent was present and did see William J. Hoyles late of Exeter, Devon, England 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 Israel I? McNeil the other subscribing witness thereto. That Deponent and said Israel I. McNeil then and there signed their names to such Will as such witness (sic) 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
aforesaid, this 26th day                              Peter McBay
of May A. D. One Thousand
Eight Hundred and Eighty Eight

Geo. I. Adams
Commissioner, SC

 

 

C

                              Know all Men
by these presents that I Eliza H??? Hoyles of Sp???ton-Torquay, Devon, England, Widow of the late William J. Hoyles formerly of Carbonear in the Island of Newfoundland Clerk in Holy Orders, but latterly of Exeter and Torquay England- do by these presents make and appoint Augustus Olive Hayward of St. Johns in the Island of Newfoundland Queen's Counsel, my lawful attorney as the sole surviving Executrix nominated in and under the Will of the said William J. Hoyles deceased dated at Carbonear Newfoundland this Twenty fifth day of June one thousand eight hundred and seventy eight for me and in my name as Executrix aforesaid and to my use to ask demand ??? for recover and receive of all persons and Bodies Politic and corporate whomsoever all sums of money debts dues and demands which now are due or owing or belonging unto me as Executrix or otherwise or which are or during this continuance of these presents shall be due owing or belonging or in which I as Executrix or otherwise have or shall have any interest and in default of payment to have use and take all lawful ????s for the recovery thereof by action suit or otherwise howsoever? and to compound and agree for the same and in receipt thereof or of any part thereof acquittances (sic) or other sufficient discharges

 

for the same for me and in my name to make seal and delivery? and in my na??? as Executrix or otherwise to apply to all necessary Courts Tribunals and Judges for Probate of any will or wills or for any Letters of Administration to any Estate or Estates in which I am or may become in any way interested and all necessary Bonds or other securities for the same in my name as Executrix 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 Executrix or Administratrix as fully as I could do were I personally present and an attorney or attornies under him to appoint and again revoke and generally to do all lawful acts and things necessary for the said several premises and transactions. And especially for me and in my name to apply to The Supreme Court of Newfoundland or to me or The Judges thereof for Administration with the Will annexed of the said William J. Hoyles formerly of Carbonear, Newfoundland aforesaid but lately of Exeter and Torquay aforesaid, deceased which said Will is dated at Carbonear Newfoundland this Twenty fifth day of June one thousand eight hundred and seventy eight and in my name to refer all disputes? ???in I am or shall be concerned to Arbitration and compound all claims in which I am and shall be interested as Executrix or otherwise as he or they shall think proper ???by

 

satisfying and confirming all whatsoever my said Attorney or Attornies shall lawfully do or cause to be done about the said several premises.

In Witness whereof I have hereunto set my hand and seal at the city of London England this seventh - day of May Anno Domini one thousand eight hundred and eighty eight.

Signed sealed and                                        Elisa H. Hoyles
delivered in presence of
Thos Row
21 Highbury Hill Middlesex England
tit???l merchant & underwriter

Geo? M Franklin
Clerk to Mssrs S???er & Harris
Notaries Public
17 Grace???? Street
London? ??

Great Britain, England
County of Middlesex          To wit
City of London

Be It remembered and these Presents certify that on the seventh day of May A.D. 1888 before me Willmer? Matthews Harris of the aforesaid City of London a Commissioner of the Supreme Court of Newfoundland and a Notary Public by Royal authority duly admitted and sworn personally

 

came and appeared Eliza Howe Hoyles (duly identified to me on the oath of the subscribing witness Thomas Row to be the party named in the within instrument) and duly acknowledged to me that she is the party named in the within instrument that the signature subscribed opposite the seal at foot thereof is her signature that she executed the said instrument as and for her free and voluntary act and deed for the uses and purposes therein mentioned and contained

           In testimony whereof I have hereunto set my hand and affixed my seal the          day and year above written
Wil????? Harris
Notary Public and a Commissioner of
The Supreme Court of Newfoundland

(seal of the Commissioner of the Supreme
Court of Newfoundland) (inset at lower left margin of page
across from the Signature of ???? Harris)

 

Power of Attorney

Eliza Howe Hoyles

To

Augustus O. Hayward

 

 

To The Honorable Sir Frederick B.T. Carter K.C.M.G. Chief Justice of The Supreme Court of Newfoundland or to one of the Honorable The Assistant Judges thereof

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

Humbly Sheweth

          That William J. Hoyles formerly of Carbonear Newfoundland Clerk in Holy Orders, died at Exeter Devonshire England - on or about the Twenty the Twenty second (sic) day of February last leaving him surviving his Widow only (Elizah Hoyles) now residing in London, England.
          That the said deceased William J. Hoyles made a Will and which has been proven in due form on this affidavit of Peter McBay one of the subscribing witnesses thereto which said will and proof are hereto annexed marked A and B respectively.
          That the said deceased at the time of his death left monies and stock in Newfoundland of the probable

 

value of Eight Thousand seven Hundred Dollars
          That in and under said will the widow of said deceased, Eliza H. Hoyles was appointed Executrix.
          That the said Eliza H. Hoyles is now residing in London England and has authorized your Petitioner to take out Administration with the Will annexed of her said deceased husband's Estate in Newfoundland as will appear by the Power of Attorney duly executed in London by the said Eliza H. Hoyles, and which is hereunto annexed mark C.
          That no Probate or Administration has as yet been taken out in Newfoundland to the Estate of the said William J. Hoyles deceased.
          Your Petitioner therefore prays that Administration with the Will annexed of the said William J. Hoyles deceased may be granted to him upon his non security and as in duty bound he will ever pray

St. John's Nfld.
May 28th 1888
Augustus O. Hayward

 

Supreme Court
Newfoundland

St. John's }
to wit       }Augustus O. Hayward of St. John's aforesaid Barrister at Law (the Petitioner within named) maketh oath and saith that the contents of the within written Petition are correct and true to the best of Deponents knowledge and belief -

Sworn before me
at St. John's aforesaid
this twenty eighth day
of May A.D. one                                        Augustus O. Hayward
thousand eight
hundred and eighty
eight -

Geo. I. Adams
Comm'r Affdts

 

 

Supreme Court

In the matter of
the Estate of
William J. Hoyles
deceased -

Petition - Will &c

Fiat

F.B.T. Carter
C.J.

 

S.          3.75
C              50
??             75
B           1.50
?            1.50
Co?          75
Re             75
              9.50

 

 

Page Transcribed by Gordon Bennett

Page Revised by Ivy F. Benoit (Tuesday December 05, 2017)

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