Richard White
          1888

Estate of Richard White 1888
From LDS microfilm #2057543

Notice

After three days, application will be made to the Honorable the Supreme Court or one of the Honorable the Judges thereof for Letters of Administration in cum testamento annexo of the Estate of Richard White, late of Bay Bulls, Big Pond, Newfoundland, Farmer, deceased to be granted to Mary White, widow of the said Richard White and John White, son of the said Richard White.
St. John's, Newfoundland, 12^th day of September A.D. 1888

P.E., Reg.                                      Whiteway & Johnson
seal                                                Proctors for Mary White
REGISTRARS OFFICE               and John White
ST. JOHN'S
SEP 12 1888
NEWFOUNDLAND

I certify that the notice on the other side hereof written was duly posted in the Clerk's office on the day of the date thereof and has since that date remained so posted and further that no caveat has been entered thereto.
          St. John's, September 17, 1888

(seal)                                                            Jos. P. Carty
RIGISTRARS OFFICE
ST. JOHN'S
SEPT 17 1888
NEWFOUNDLAND

To The Honorable the Supreme Court
of Newfoundland or one of the
Honorable judges thereof.

          The Petition of Mary White (widow) and of John White former both of Bay Bulls Road near St. John's

Humbly Sheweth

          That Richard White, late of Bay Bulls, Big Pond, near to St. John's, Farmer, died on or about the twenty third day of June last having previously made and published his last will and testament thereunto annexed by which he did not name any executor thereof.

          That at his decease the said Richard White left him surviving his widow Mary White and the following children, namely John, Joseph, Thomas, Elizabeth, Lucy and Anne. The said Elizabeth is unmarried. The said Lucy is wife of Henry Whitney and resides in Halifax, NS, and the said Anne is wife of Alfred Park?, Bay Bulls, Nf.

          That the consent of (written sideways in the left margin:) kids? asked as the widow has applied. (initials) FBT.C.

          That administration of the Estate of the said Richard White with the will annexed be granted to your petitioners is hereto annexed marked

          That the Estate of the said late Richard White at his decease did not exceed in value the sum of Fifteen Hundred Dollars.

          Your petitioners therefore herewith pray that letters of administration of the Estate of the said Richard White cum testamento annexo may be granted to them and as in duty bound will pray.

          Dated at St. John's in

Page 2

the Island of Newfoundland this 11^th day of September A.D. 1888.

Witness the same first read
over and explained to Mary              Mary X (her mark) White
White and John White.
Geo. M. Johnson                              John X (his mark) White

Newfoundland
St. John's
To Wit
John White of Bay Bulls Road, Farmer, one of the petitioners named in the above written petition maketh oath and saith that the several matters and things therein contained are just and true.

Sworn before me at St. John's                    John X (his mark) White
aforesaid this 11^th day of
September A.D. 1888, the same
having been first read over and
explained to the said John White.
Jos. P. Carty
Commissioner

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

Be it Remembered, That on this third day of October in the Fifty Second 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 Mary White of Bay Bulls Road, Widow, John White of same place, Farmer, Edgar R. Bowering of St. John's, Merchant and John T. Cornell of same place, Carriage Builder and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, her Heirs and Successors, in the penal Sum of Three Thousand Dollars, to be had, made and levied on their 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 Mary White and John White as Administrators c.t.a. of the Estate and Effects of Richard White late of Bay Bulls Road, Farmer, 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 them the said Mary White and John White as such Administrators or to the hands or possession of any other person, or persons, for them and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the third day of April 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 them the said Mary White and John White or to the hands or possession of any other person or persons for them shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of their said Administration, on or before the third day of October which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-nine and afterwards from time to time as they 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                              Mary X White (Seal)
in presence of                                     John X White (Seal)
having been first read                         Edgar R. Bowring (Seal)
and explained.                                     John T. Cornell (Seal)
P. Emerson
Commissioner

SUPREME COURT

In re Will of
Richard White,
late of Bay Bulls
Big Pond,
Farmer, deceased.

Will, Proof, Petition
for Admn cta to
--

Fiat
F. B. T. Carter
Ch. J.

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

(First line of this page unreadable.)

?????? do swear that we believe that Richard White late of Bay Bulls Road, Farmer, deceased, died with a Will, and that we 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 the we will exhibit a true, full and perfect Inventory of the said Goods of the deceased, and render a true account of our Administration into the Registry of the said Court, within six months from the date hereof, or when we 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 our knowledge, judgment and belief, amount to the value of Sixteen Hundred dollars.

Sworn before me at St. John's                              Mary X.White
Newfoundland this 3^rd day of                              John X White
October A.D. 1888 by the said
Mary White and John White.
Prescott Emerson
Commissioner of Affidavits

Estate of Richard White
late of Big Pond, Bay Bulls Road,
Central District, Farmer,
deceased.

????? C.T.A. granted to Mary
White and John White, both
of Bay Bulls Road.

Dated October 3^rd 1888

Sureties
Edgar R. Bowring and
John T. Cornell

Estate sworn under $1600.00

THIS is the last will and testament of me, Richard White of Big Pond on the road from Saint John's to Bay Bulls, farmer. I hereby revoke all former wills by me made.
To my daughter Elizabeth I give the sum of one pound sterling. I give, devise and bequeath unto my wife Mary for the term of her natural life my carriage and on her death or marriage, the same shall be the property absolutely of my son John. My said wife during her unmarried life shall have the free use of the stable near my said house for stabling the said carriage.
I give devise and bequeath unto my son John White and his heirs forever all my piece or parcel of land situate on the north side of the road leading to Bay Bulls aforesaid and near Big Pond aforesaid, on which piece of land my house stands and also the said dwelling house and all other houses and erections on the said land and also the furniture of the said house and all and singular the cattle, farm utensils and other property and goods and chattels on the said land or thereto appertaining, but this bequest to John is subject to the proviso that so long as my said wife Mary and my daughter Elizabeth shall remain unmarried and shall reside on the said land, the said John White shall support and maintain them

Page 2

the said Mary and Elizabeth in a proper and suitable manner, and in case he shall neglect or refuse to support them or either of them in manner aforesaid or in case my said son John predeceases me, then all and singular the said land, houses, property and goods and chattels shall go to my son Joseph White and his assigns forever but subject to the proviso that my son Joseph in that event shall support and maintain my said wife and daughter in manner aforesaid so long as they shall remain unmarried *^{and shall reside on the said land} and in case my said son Joseph shall in his turn neglect or refuse to support them or either of them in manner aforesaid and in case both my said sons John and Joseph shall predecease me, then all and singular the said land, houses, property and goods and chattels shall go to my son Thomas and his assigns forever, but subject to the proviso that my said son Thomas in that event shall support and maintain my said wife and daughter in manner aforesaid so long as they shall remain and reside on the said land and shall remain unmarried and in case my said son Thomas shall in his turn neglect or refuse to support them or either of them in manner aforesaid while they remain and reside on the said land and unmarried, then the said land and premises, goods and chattels and appurtenances, all and singular shall form part of my residuary

Paage 3

estate and shall go as hereinafter provided in respect thereof: To my said son John White I give devise and bequeath so much of all that piece of land *^which I hold under grant from the Crown, Number 4413, dated the thirtieth day of August Eighteen hundred and eighty (so much only) as lies to the westward of the stream or river which runs in about a northerly direction through the said land, the same to be held and enjoyed by the said John White and his assigns absolutely forever.
To my said son Joseph White, I give devise and bequeath all the rest or residue of the said last described land conveyed to me from the Crown by said grant, that is to say to the said ???? White so much of the said land as lies to the eastward of the said land above named stream or river, the same to be held and enjoyed by the said Joseph White and his assigns absolutely forever.
To my sons Thomas and Joseph, I give devise and bequeath all that piece or parcel of land which I hold under grant from the Crown, Number 4840 dated the tenth day of January *¹⁸⁸⁴ (eighteen hundred and eighty four), which piece or parcel of land is on the Southeast side of the said road leading to Bay Bulls aforesaid and containing about six acres, one rood and four perches, the same to be held by them as tenants in common and not as joint tenants.
To my said sons Thomas and Joseph, I give devise and bequeath all that piece or parcel of land (part whereof is cleared) containing about seventeen acres which I hold, situate near the south end of Third Pond, which pond is to the south of the said road leading from St. John's to Bay Bulls, the same to be held and enjoyed by my said sons

Page 4

Thomas and Joseph as tenants in common absolutely forever.
In case either of them, the said Mary White (my wife) or the said Elizabeth White (my daughter) shall marry or shall cease to reside on the the said piece of land above first referred to, and the other of them shall remain unmarried and shall continue to reside on the said land, then it shall be the duty of the said John, Joseph and Thomas respectively, in case either of them shall become the legatee of the said land under the terms above mentioned and it shall be as aforesaid, a condition of their respectively continuing to hold the said land to support and maintain in manner aforesaid such one of them the said Mary White or Elizabeth White as shall so remain unmarried and shall so continue to reside on the said land notwithstanding the other of them (the said Mary and Elizabeth) shall marry again or cease to reside on the said land, I direct that out of the sum payable by the Newfoundland British Society at my death, so much be expended as shall be necessary for a suitable and proper funeral and that if any balance

Page 5

remains it shall go to my said son John.
And as to all the rest, residue and remainder of my Estate of which I shall die possessed, I give, devise and bequeath the same in equal parts and shares to my said wife, my said daughter, my said three sons, John, Joseph and Thomas and my daughters not above named, to wit: Lucy, Jane and Anne and to the separate use of them, the said Elizabeth, Lucy, Jane and Anne, but in case my said wife shall remarry, she shall forfeit all claim in any share in the residue of my Estate.
IN WITNESS whereof I have hereunto set my hand this eighth day of January Anno Domini eighteen hundred and eighty six.

Signed, published and declared
by the said Richard White as and
for his last will and testament in
our presence, who in the
presence of the said Testator
and of each other have hereunto                              Richard White
subscribed our names as witnesses
of the due execution hereof on the
day and date last above written
with the insertions on the 13^th line
of page 2, the erasures and
insertions on lines 5 and 27 of page
3 respectively as initialed by us.
Geo. J. Adams
D. M. Browning

*Initials GJA and DMB in margins.

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

Newfoundland
St. John's
TO WIT
Donald M. Browning of St. John's aforesaid, Barrister, maketh oath and saith that on the eighth day of January A.D. one thousand eight hundred and eighty six at St. John's aforesaid, he this deponent was present and did see Richard White, late of Big Pond, Bay Bulls Road, 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 George J. Adams, the other subscribing witness thereto. That Deponent and said George J. Adams 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.
Sworn before me at St. John's,
aforesaid, this sixth day of                              D. M. Browning
July A.D., One Thousand Eight
Hundred and Eighty Eight.
Prescott Emerson
Commissioner

Richard White's Will

Deposited by Johnson.