James Cox
          1889

Estate of James Cox 1889
From LDS microfilm #2057543

To the Honourable the Supreme Court or one of their Lordships the Judges thereof:

The Petition of William Merchant of St. John's in the Island of Newfoundland, Gentleman,

Humbly Sheweth

That James Cox of Saint John's aforesaid, Tailor, died at this place on the twenty second day of May last past having made his last Will and Testament which is hereunto annexed.
That the said James Cox at the time of his death was possessed of property within the jurisdiction of this Honourable Court of the probable value of Six Thousand dollars.
That Your Petitioner was appointed Executor under the said last Will and Testament of the said deceased and that his application for Probate or for Letters of Administration to the Estate of the said deceased has previously been made to Your Honourable Court.
Your Petitioner therefore prays that Your Honourable Court or one of Your Lordships the Judges thereof will be pleased to grant unto him Probate to the said Will.
And as in duty bound Your Petitioner will ever pray.
Saint John's this twelfth day of June, Anno Domini One Thousand Eight Hundred and Eighty Nine.

William Merchant

Newfoundland
St. John's to wit
William Merchant of Saint John's aforesaid, the Petitioner named in the forgoing Petition maketh oath and saith that the several matters and things therein contained and set forth are correct and true.
Sworn before me at St. John's                                                  William Merchant
aforesaid this          day of June
A.D. 1889.
Jos. B. Carty
Commissioner

In the matter of the Will
of James Cox late of
St. John's in the Island
of Newfoundland, Tailor,
deceased.

Fiat
F. B. T. Carter
Ch. J

The Petition of
William Merchant, the
Executor named therein, for
Probate to the said Will.

(Written to the right of the above:)
???          3.75
c               .50
p             1.50
a?             .75
co?         1.25
re?          1.25
             $9.00

NEWFOUNDLAND
In the Supreme Court

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

You shall swear that you believe this to be the true last Will and Testament of James Cox late of Saint John's in the Island of Newfoundland, Tailor, 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 James Cox , deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Six Thousand Five Hundred Dollars.

So help you God.

Sworn before me, at St. John's,
this 15^th day of June A.D., 1889.                                        William Merchant
Geo. J. Adams
Commissioner of Affidavits, Supreme Court

1889

Estate of James Cox
late of St. John's
in the Central District,
Tailor, deceased.

Dated 15^th June 1889

Probate granted to
William Merchant
the Executor named in the Will.

Estate sworn under $6500.00

The Will

of

James Cox
of St. John's,
Tailor.

April 16, 1889

This is the Last Will and Testament of me James Cox of Saint John's in the Island of Newfoundland, Tailor.
I give and bequeath to my daughter Alice Cox the four shares held by me in the capital stock of the Union Bank of Newfoundland and the sum of five hundred and sixty dollars, being a sum advanced by me to Richard Higden on loan at seven percent interest, and the house belonging to me situate on Victoria Street and also the piano and Canterbury, the large mirror, the large round table, the bronze clock and all the oil paintings contained in my dwelling house together with my watch-chain and half my books.
To my son William, I give the dwelling house I now occupy situate on Water Street and also all the stock in trade contained in my shop. I also give him my watch.
To my son Daniel I give and bequeath the house adjoining that in my occupancy being number 168 on Water Street.
I direct my executor, hereinafter named, to apply the money lying at my credit in the said Union Bank to repairing the front of the two dwelling houses on Water Street and I further direct my executor to divide the surplus, if any, between my two sons in equal shares.
I give and bequeath my household furniture furniture to my two sons in equal shares, except for the bedroom furniture which I direct to be equally divided between my three children.
I hereby appoint William Merchant of Saint John's aforesaid Executor of this my last Will and desire that

Page 2

the rest, remainder and residue of my estate and effects should be equally divided between my three children.
          In witness whereof I hereunto subscribe my hand at Saint John's aforesaid this sixteenth day of April A.D. One Thousand Eight Hundred and Eighty Nine and declare the foregoing to be my last Will and Testament.

Declared and subscribed to by the
said Testator as and for his last Will
and Testament in our presence, who
at his request, in his presence and in                                        James Cox
the presence of each other do
attest the same.
William H. Horwood
Maria Eadie

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

Newfoundland
St. John's
To Wit          }
William H. Horwood of Saint John's aforesaid, Solicitor, maketh oath and saith that on the sixteenth day of April A.D. one thousand eight hundred and eighty nine at St. John's aforesaid he, this deponent was present and did see James Cox late of Saint John's aforesaid, 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 Maria Eadie the other subscribing witness thereto. That Deponent and said Maria Eadie 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 Saint John's                                        William H.Horwood
aforesaid, this 15^th day of June
A.D., One Thousand Eight Hundred
and Eighty Nine.
Jos. P. Carty
Commissioner