Charles R. Ayre
          1899

Estate of Charles R. Ayre 1889
From LDS microfilm #2057543

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

You shall swear that you believe this to be the true last Will and Testament of Charles Robert Ayre of St. John's in the Island 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 the whole of the Goods, Rights, Chattels, Assets, Credits, and Effects of the said Charles Robert Ayre, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of  Four Hundred (page torn, unreadable) Dollars.

So help you God.

Sworn before me, at St. John's,
this 26^th day of April, A.D., 1889                    John B. Ayre
by the said John B. Ayre, Fred W.                   Fred W. Ayre
Ayre, Robert C. Ayre and Chas. R.                 Robert C. Ayre
Ayre.                                                                   Chas. R. Ayre
Geo. J. Adams
Commissioner of Affidavits, Supreme Court

1889

Estate of Charles Robert Ayre
late of St. John's
in the Central District,
Merchant, deceased.

Dated 27^th April 1889

Probate granted to
John B. Ayre,
Fred W. Ayre
Robert C. Ayre and
Chas. R. Ayre,
the Executors named
in the Will.

Estate sworn under $400,000.00

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

St. John's
TO WIT
Alexander J. W. McNeily of St. John's aforesaid, one of Her Majesty's Counsel, maketh oath and saith that on the fourth day of February A.D. one thousand eight hundred and eighty nine at St. John's aforesaid he this deponent was present and did see Charles Robert Ayre, late of St. John's aforesaid, Merchant, 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 Eliza Butler the other subscribing witness thereto. That Deponent and said Eliza Butler 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                    Alexr  J. W. McNeily
aforesaid, this twentieth day of
April A.D., One Thousand Eight
Hundred and Eighty Nine.

Geo. J. Adams
Commissioner
*Initials GJA in left margin.

This is the Last Will and Testament of one Charles Robert Ayre of St. John's in the Island of Newfoundland, Merchant.
1° - I give, devise and bequeath unto my beloved wife Mary Hannah Ayre all the Land, Dwelling House and premises wherein I now reside known as "Thornlea" and all buildings and erections thereon of what nature or kind soever and all my horses, live stock and poultry and all carriages, harnesses and all and singular the appurtenances whatsoever.
2° - I give and bequeath to my said wife all and singular the Household Furniture, Plate, Linen and other chattels of the like nature pertaining to the said Dwelling House at "Thornlea".
3° - I also give and bequeath to my said wife the full proceeds of a certain Policy of Insurance upon my life for the sum of Ten Thousand Dollars effected in the British Empire Mutual Life Assurance Company and it is my desire that the same should be placed at interest in the Newfoundland Savings Bank under the full control of my said wife and with power to her by will or appointment to devise or assign the same or any part thereof.
4° - I also give and bequeath to my said wife Eighteen Shares in the Newfoundland Boot and Shoe Manufacturing Company Limited, Ten Shares in the Atheneum Joint

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Stock Company Limited, also all my shares in the St. John's Nail Manufacturing Company Limited, in the Colonial Cordage Company Limited and in the Parade Rink with absolute power of disposition of the same.
5° - I give and bequeath the four houses with gardens attached situate on the road leading towards Monday's Pond to my four children hereinafter named as follows namely No 1 the Easternmost premises to my son John Bray Ayre, No 2 immediately adjoining the preceding to my son Charles Pascoe Ayre, No 3 adjoining No 2 to my daughter Mary Hannah, wife of Alexander McDougall, to her sole and separate use and No 4 adjoining No 3 to my son Frederick William Ayre. The Lawn Tennis Ground and erections thereon, also the Stable and Barn together with all other land in the vicinity purchased from Shaw, from Marshall and from Blackwood I give and bequeath to my sons John Bray Ayre, Frederick William Ayre, Robert Chesley Ayre ^{and Charles Pascoe Ayre} and to my daughter Mary Hannah McDougall (to her sole and separate use) as Tenants in Common.
6° - I give and bequeath to my sons John Bray Ayre, Frederick William Ayre, Robert Chesley Ayre and Charles Pascoe Ayre as Tenants in Common the land on the Southern side of the

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river near "Thornlea", purchased from Mrs. Bolt, with all buildings and erections thereon. Also the piece of land to the Westward of Thornlea purchased from one Dearin. Also a Piece of land at Carbonear purchased from one Richard McCarthy. Also a piece of land near St. Ann's R'way Station on the Topsail and also certain land at Salmonier.
7° - I give devise and bequeath to my neice (sic) Catharine Cole the clear annual rents, issues and profits of the two semi-dectached Houses, Nos 357 and 359 Water Street West, situate in front and to the Eastward of "Thornlea" to hold and use and enjoy the same to her sole and separate use during the term of her natural life.
8° - After the decease of the said Catharine Cole I give devise and bequeath the Houses mentioned in the preceding section and all the rents issues and profits thereof and the land appertaining thereto unto the Newfoundland Conference of the Methodist Church in trust to apply such rents issues and profits towards the maintenance of the Methodist Orphanage hereafter to be instituted and in respect of which I hereafter make bequest.
9° - To the Newfoundland Methodist Orphanage or by whatsoever name the said Institution may be called and to the Newfoundland Conference aforesaid in Trust to be applied to the erection of the said

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Orphanage I give devise and bequeath the sum of Fourteen Thousand Dollars to be paid on the last day of December in the years Eighteen Hundred and Eighty Nine, Eighteen Hundred and Ninety and Eighteen Hundred and Ninety One in three equal payments but it is my express will and desire that the last of such payments shall not be made by my Executors unless they are satisfied that the buildings of the said Orphanage are in bona fide course of erection.
10° - I give and bequeath to the Executive of the Methodist College the sum of Five Hundred Dollars upon Trust to expend the same towards the completion of the enclosure of the College Grounds and I desire that this amount should be paid during the currency of the present year.
11° - I also give and bequeath to the said Executive of the Methodist College the sum of Three Thousand Dollars for the purchase of an organ for the Methodist College Hall and I desire that this bequest be paid at the end of the present year.
12° - I give and bequeath to my son George James Ayre now resident in Sandwich in the County of Kent in England Five Shares held by me in the Steamship "Capulet"

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of the Red Cross Line.
13° - I give devise and bequeath to my said son George James Ayres the sum of Eight Thousand Dollars payable in four equal annual instalments (sic) of Two Thousand Dollars each the first of which is to be paid on the thirty first day of December next and thence on the thirty first day of December in each succeeding year till paid.
14° - I further give devise and bequeath to my daughter Mary Hannah McDougall to her sole and separate use the sum of Eight Thousand Dollars payable in four equal annual instalments (sic) in like manner as the next preceding bequest to my son George James Ayre and it is my desire that she should invest the same but without restraint as to power of anticipation or desire.
15° - I give devise and bequeath to my sister Amelia Steer, wife of John Steer, the sum of Five Hundred Dollars, to my sister in law Matilda Shirran the sum of Four Hundred Dollars, to my sister in law Sarah Freeman the sum of Two hundred Dollars, to my sister in law Elizabeth Palfrey the sum of Two Hundred Dollars, to my neices (sic) Elizabeth Story, Louisa Cole, Emma Cole, Mary Ann Cole, Catharine Cole, Rose E. Peters, Sarah Robertson, Annie Knight, Janet Cranford, Henrietta

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Holloway and Isabella F. Shirran the sum of Two Hundred Dollars each and I declare that the several bequests in this fifteenth paragraph set forth are to the sole and separate use of each of the Legatees and free from the control debts and liabilities of any husband which she may now have or with whom she may hereafter intermarry, and such respective legacies are to be paid to the respective legatees in four equal annual instalments (sic) in like manner as is provided in the two next preceding sections.
16° - I give devise and bequeath to the Trustees or duly appointed officers of the Fishermen's and Seamen's Home the sum of One *(One) Thousand Dollars to be applied to the purposes of that Institution which sum is to be payable in four equal annual instalments (sic) in like manner as set forth in the case of the legacy to George James Ayre and the succeeding bequest. *Initials AJ??? in right margin.
17° - I give and bequeath to my Coachman John Martin and to my servant Thomas Bulley the following sums namely to John Martin the sum of Two Hundred Dollars and to Thomas Bulley the sum of Fifty Dollars which said sums are to be paid to them respectively in four equal

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instalments (sic) on the thirty first of December in each year as provided in the case of preceding bequests.
18° - I will and declare that in the event of my surviving until the first day of July now next ensuing as to the time for the payment of the first instalment (sic) of the several legacies in the thirteenth, fourteenth, fifteenth, sixteenth and seventeenth paragraphs bequeathed; instead of the thirty first day of December of the present year in the said paragraphs mentioned or appointed, the said first instalment (sic) shall not be held to be due by my Executors until a year from my decease shall have elapsed and thence from year to year from the date of such instalment (sic).
19° - I appoint my sons John Bray Ayre, Frederick W. Ayre, Robert Chesley Ayre and Charles P. Ayre to be the joint Executors of this my last Will and Testament.

Signed, published and declared by the said                    Charles R. Ayre
Charles R. Ayre as his Last Will and Testament
in the presence of us who in the presence of
the Testator and of each other have subscribed
our names as witnesses hereto. The words
"and Charles Pascoe Ayre" between the 10^th and
11^th line from the bottom of the 2^nd page having
first been interlined, the word "one" on the
preceding page being written over an erasure.
Eliza Butler
Alexr J. W. McNeily

Dated Feby 4^th/89
A.J. W.M.N.

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

The Petition of John B. Ayre, Frederick W. Ayre, Robert Chesley Ayre and Charles P. Ayre, all of St. John's in the said Island, Merchants

Humbly Sheweth

          That Your Petitioners are the sons of the late Charles Robert Ayre of St. John's aforesaid, Merchant, deceased.
          That the said Charles Robert Ayre died on the twelfth day of April now present.
          That the said Charles Robert Ayre left him surviving his widow Mary Hannah Ayre, five sons namely your Petitioners resident in St. Johns and George J. Ayre, Methodist Clergyman, resident in England, and one daughter, Mary Hannah, wife of Alexander McDougall of St. John's Merchant.

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          That the said deceased made and published as and for his Last Will and Testament the paper writing hereto annexed, under which your Petitioners are appointed Joint Executors.
          That the value of the Estate of said deceased within the jurisdiction of this Honourable Court does not, to the best of your Petitioners knowledge and belief, exceed the sum of Four Hundred Thousand Dollars.
          That no Probate or Administration has been heretofore granted or applied for in respect of the Estate of the said deceased.
          Your Petitioners therefore pray that it may please Your Honourable Court or one of Your Lordships to cause Probate of the said Will of said deceased to be granted to Your Petitioners, who as in duty bound will ever pray &c.
          St. John's, April 20^th A.D. 1889
John B. Ayre
Fred W. Ayre
Robert C. Ayre
Chas. P. Ayre

In the Supreme Court

In the matter of the Will of
Charles Robert Ayre, late
of St. John's, Merchant,
deceased and in his Estate.

Newfoundland
St. John's
To Wit
John B. Ayre of St. John's aforesaid, Merchant, one of the Petitioners named in the within Petition maketh oath and saith that all and singular the matters and things in the written Petition set forth are just and true.

Sworn before me at St. John's                              John B. Ayre
aforesaid this twentieth day of
April A.D. 1889.
Jos. P. Carty
Commissioner
Supreme Court

In the Supreme Court

In the matter of the Will and
Estate of Charles Robert Ayre
late of St. John's, Merchant,
deceased.

Petition of John B. Ayre and
others, Executors.

Praying for Probate.

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

McNeily & McNeily
Proctors