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Miscellaneous Deeds, Grants, Petitions & Wills
(C)
Moses Clarke

 

Moses Clarke
          1889

Estate of Moses Clarke 1889
From LDS microfilm #2057543

 

Notice
----------

After three days from the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for Letters of Probate of the Will of Moses Clarke late of Brigus in the Northern District of Newfoundland, Master Mariner, deceased, to be granted to George Smith of Cupids, Master Mariner, the Executor named in the said Will.
Dated at Saint John's this 9th day of November A.D. 1889.
(Stamp)
REGISTRARS OFFICE                                       H. R. Hayward
ST. JOHN'S                                                           Proctor for said
NOV 9, 1889                                                         George Smith, Executor
NEWFOUNDLAND
J.P.C.

 

 

          I certify that the notice upon the other side hereof written has been exhibited in the Office of the Chief Clerk and Registrar since the day of the date thereof and that no caveat there or other objection thereto has been filed.
St. John's, November 15th 1889.
Jos. P. Carty
Asst. Clerk

 

 

"A"

          This is the last Will and Testament of Moses Clarke of Brigus in Conception Bay, Newfoundland, Master Mariner, being of sound and disposing mind, memory and understanding, but mindful of my mortality do this eighth day of October in the Year of Our Lord One Thousand Eight Hundred and Eighty Nine, make this my last Will and Testament.
First. I give and bequeath unto my wife Frances Clarke the sum of Thirty Five pounds cy per year together with a deposit receipt in the Union Bank Fifty Pounds (or 200 dollars) also half my Dwelling House, half my furniture, the use of all my Gardens stores and stable, being South Side property, with all wood, coal and timber fit for fuel and fence stuff. Also my Gold Watch, also my Pew in the Methodist Chapel No. 55, to be hers during her natural life and while she remains in my name and unmarried.
Secondly. I give and bequeath to my daughter Lavinia Thirty Pounds, (or 120 dollars) per year together with a Bank Book on Savings Bank, Also the piano while she lives, after her death to become the property of her Daughter Louisa Clark Smith. I also give to my Daughter Lavinia, the large Bible, half my Dewlling House, half my furniture, also my portion of the Farm purchased from Walter Wheaton. Also that piece of land purchased from Kate Summers. Also the Middle Ridge property known as William Rabbitt's Estate. Should my daughter Lavinia become a Widow, she is to be supported out of my Estate, no Husband or future Husband to have any control whatever over anything given or bequeathed in this my last Will and Testament.
                                                  (over)

Page 2

Thirdly. I give and bequeath to my neice(sic) Mary Ann Clarke, wife of Isaac Clarke, son of GEore Clarke, One Hundred Pounds or Four Hundred Dollars, to be apid to her after my death either in Cash or Bank Book. No Husband or future Husband to have any control over it whatever.
Fourthly. I give and bequeath to my Grand Daughter Louisa Clarke Smith, the sum of Four Hundred Dollars to be used for her education, and after the death of my Wife Fanny, she (Louisa Clarke Smith) is to get Eight Hundred Dollars, her Mother to be guardian, also the enlarged picture of my deceased daughter Louisa to be given to her at any time.
I give and bequeath to Louisa Clarke, daughter of Robert Clarke, One Hundred Dollars.
I also give and bequeath unto William Clark (son of William) One Hundred Dollars.
I also give and bequeath to Moses Clark (son of William) my share of the Pew in the Gallery of the Methodist Church. The Pew No. 3 known as Louisa's to be sold.
The carriage and harness I claim as mine, in lieu of property sold by Isaac Clark of George belonging to the Estate.-------
I give and bequeath to my Brother William the Old Cod Trap---- The fishing gear that is used in the Schooner "Charlotte" this present summer is to be equally divided between my Brother William and the present Master Robert Clarke. The other Cod Trap, large Caplin sein(sic), two salmon nets, lot? of new Twine, Herring nets and Cod Bags to be sole to the best advantage but not sacrificed, the proceeds added to the Estate.

Page 3

All my wearing apparel and other loose materials about my stores and premises, to be under the management of my Wife and Daughter, to give, sell, or realize whatever they can get for it.
At the death of my Wife Fanny, all monies, goods, chattels & everything else, becomes the property of my daughter Lavinia and to her children after her death. Should my daughter Lavinia die leaving no surviving children, & should my Wife Fanny be dead, the residue of my effects must be invested to good interest and paid over to the Clarke family that shall be living on the South Side, but not to anyone except those born after my death. The schooner "Charlotte" to be sold or otherwise given to my daughter Lavinia.
And I do hereby make ordain constitute and appoint Captain George Smith of Cupids to be Executor Sole Executor to this my last Will and Testament hereby revoking all former and other Wills and Testaments by me at any time heretofore made.
In witness whereof I to this my last Will and Testament have set & subscribed my hand and seal on the day & year first before written.

Signed, sealed and declared                                                  Moses Clark (Seal)
by the Testator Moses Clarke
as and for his last Will and
Testament in the presence of us
who at his request and in his
presence and in the presence of
each other have hereunto
subscribed our names as
witnesses thereto.
John James Smith
William Horwood

 

 

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

The Petition of George Smith of Cupids, Master Mariner

Humbly Sheweth

          That Moses Clarke late of Brigus in the Northern District of Newfoundland, Master Mariner, died there on or about the 18th day of October last having previously made and executed his last Will and Testament which is hereto annexed marked "A" of which he appointed your Petitioner Sole Executor.
          That said deceased at the time of his death was possessed of property of the value of not more than Fifteen Thousand Two Hundred dollars.
          That no Probate of any Will nor Administration of the estate of said deceased has been granted to any person.
          Petitioner therefore prays that Letters of Probate of the Will of

Page 2

said deceased may be granted to him.
          And as in duty bound he will ever pray.
          Dated at Saint John's this 9th day of November A.D. 1889.

George Smith

 

Newfoundland
Saint John's SS
George Smith of Cupids, Master Mariner, the Petitioner named in the foregoing petition maketh oath and saith that the several matters and things therein contained and set forth are correct and true.
Sworn at Saint John's                                                  George Smith
this 9th day of November
A.D. 1889, before me
Jos. P. Carty
Commissioner

 

 

Supreme Court

In the matter of the Estate
and Will of Moses Clarke late
of Brigus in the Northern District,
Master Mariner, deceased.

Petition of George Smith
Executor for Probate.

Fiat
J. J. Little
A. J.

H. R. Hayward

(Written to the right of the above:)
???          3.75
C               .50
Af?             ??
Co?          3.50
               $8.00

 

 

Supreme Court of Newfoundland

Brigus
To Wit
William Horwood of Brigus in the Northern District of Newfoundland, Lighthouse Keeper, maketh oath and saith that on the eighth day of October A.D. One Thousand Eight Hundred and Eighty Nine at Brigus aforesaid he, this deponent was present and did see Moses Clarke late of Brigus aforesaid, the Testator named in the paper writing hereto annexed, duly sign, seal and publish the said annexed paper writing as and for his last Will and Testament in the presence of this Deponent and of John James Smith, the other subscribing witness thereto. That Deponent and said John James Smith 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 Testator was of sound and disposing mind memory and understanding to the best of Deponent's knowledge and belief.

Sworn before me at Brigus aforesaid                                                  Wm. Horwood
this 13th day of November A.D. one
thousand eight hundred and eighty
nine.
J. Wilcox
Commissioner, Supreme Court

 

 

NEWFOUNDLAND
In the Supreme Court

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

You shall swear that you believe this to be the true last Will and Testament of Moses Clarke late of Brigus in the Northern District of Newfoundland, Master Mariner, 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 Moses Clarke, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of  Sixteen Thousand Dollars.

So help you God.

Sworn before me, at Brigus,                                                  Geo. Smith
this 25th day of
November A.D. 1889.
J. Wilcox
Commissioner of Affidavits, Supreme Court

 

 

1889

Estate of Moses Clark
late of Brigus
in the Northern District,
Master Mariner, deceased.

Dated 27th Novr 1889.

Probate granted to
George Smith
the Executor named
in the Will.

Estate sworn under $16,000.00.

 

 

Page Transcribed by Mary Rawlinson

Page Revised by Ivy F. Benoit (Saturday October 13, 2018)

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