Hon. George H. Emerson
Estate of Hon. George H. Emerson 1889
From LDS microfilm #2057543
St. John's, Newfoundland
Aug 6, 1889
F. H. Balfour, Esq.
I am instructed by Mr. F.E.M. Bunting, exor. of the late George Emerson Esq to ask of you, without residual of taking charge of Virginia and if you do, the necessary arrangement & agreements must be entered into with Mr. Bunting immediately. I have to ask you to furnish me forthwith with the table of effects? placed as of the present and for the saving of expenses, we suggest that you should block off the land. Should you ??? prevent you from so doing the services of an Engineer will have to be engaged.
The furniture, horses, carriages to bring a specific legacy to you Mrs. Bunting is prepared to hand over but must request an inventory and valuation of the same in case the remainder of the Estate
should prove insufficient to meet its liabilities.
Should you decide on not taking charge of anything at Virginia, the Executor will take charge, retain the services of the servant grow reap and gather the crops and credit the Estate with the net proceeds. I must further request that you
will immediately replace the Lodge in the condition it was at the time of Mr. Emerson's death and my client peremptorily insists upon your non interference with Virginia or matters connected with the Estate should you not elect to go to ???.
sgd. D. Jossrecue?
and the total amt of service that I may be able to verify them.
I have the honor to be
Yours &c &c
Aug 9, 1889
Asked Balfour for Deeds and Plans of Virginia which refused to ??.
August 7th 1889
F. E. M. Bunting, Esq.
I have placed your communication of yesterday in the hands of my Solicitor Sir James Winter through whom you will receive my reply.
I will thank you to furnish me with a copy showing the debts of the Estate
(This appears to be the beginning of the above page)
This is the last Will and Testament of me, the Honorable George Henry Emerson of Virginia Water, St. John's, Newfoundland, hereby revoking all former wills and testamentary dispositions by me at any time made.
First. I give devise and bequeath unto my granddaughter Melina Stabb, daughter of William B. Stabb, absolutely for her sole and separate use free from the control of any husband she may have, forty acres of land on that portion of the Virginia Water Estate known as the North Back Ridge commencing at a point opposite the North West angle of land belonging to Michael Dyer on the South side of the Main Road leading from the Logy Bay Road to the Torbay Road and bounded on the East by a straight line eight chains in length drawn South from the point of commencement, thence bounded on the South by a line drawn West to such a distance as taken in conjunction with the said Main Road as a northern boundary and a straight line eight chains in length drawn South from the said Main Road as a Western boundary will comprise as in the whole forty acres.
Second. I give devise and bequeath unto my daughter Catherine Crigg fifteen acres on the South side of the
the road leading from the Logy Bay Road to the Torbay Road and adjoining the land firstly devised, bounded on the East by a straight line eight chains in length drawn South from the said Main Road and extending along the Western boundary of the land firstly devised, thence bounded on the South by a straight line drawn West to such a distance as taken in conjunction with the said Main Road as a Northern boundary and a straight line eight chains in length drawn South from the said Main Road as a Western boundary will comprise as the whole fifteen acres.
Third. I give devise and bequeath to my daughter Catherine Crigg the sum of one hundred dollars per
annum during her lifetime to be paid to hear half yearly from the time of my decease.
Fourth. I give devise and bequeath to my son Prescott Emerson five acres of land, part of the Virginia Water Estate bounded as follows: commencing at a point in the northern boundary of the land of George Cook Senior, westward of the Eastern Entrance to the Lake from the Logy Bay Road (which point shall be one hundred and sixty feet distant from the west side of the Eastern Entrance) and running thence in
a westerly direction along said Cooke's northern boundary and by a straight line in estimation thereof ten chains, thence in a northerly direction at right angles to the said Southern boundary five chains thence in an Easterly direction parallel to the said Southern Boundary, ten chains, thence in a Southerly direction five chains to the place of commencement.
Fifth. I give devise and bequeath all the rest residue and remainder of the land and property at Virginia Water including Virginia Lake and the land covered by the waters of said Lake with the privileges and appurtenances thereto belonging to my grandson Frank Balfour provided always that this bequest shall be subject to the payment by the said Frank Balfour to the said Catherine Crigg of the annual sum of One Hundred Dollars mentioned in the Third paragraph hereof and the said annual sum of One Hundred Dollars shall be and remain a first charge on this land and property.
Sixth. I give devise and bequeath all my household furniture, goods, chattels and effects, horses, cattle, carriages, carts and sleighs and all farming implements, hay and stocks of every description to my grandson Frank Balfour.
Seventh. Any money in Bank or elsewhere
at the time of my decease, after payment of my debts, funeral and testamentary expenses, I give devise and bequeath equally between my grandchildren Frank Balfour and Melina Stabb.
Eighth. I give and grant to His Excellency Henry H. Blake, GWMC, during his administration of the Government of Newfoundland, the privileges of fishing in the waters of Virginia Lake and that he and his family may have the free use of all boats belonging to my Estate and it is my will that all respect and assistance be rendered him and his family by all servants employed at Virginia by my representatives and Legatees.
Ninth. I nominate and appoint my son Prescott Emerson and Fredrick E. M.Bunting of St. John's executors of this my last Will.
Signed and Sealed at St. John's
Newfoundland, this thirteenth Geo. H. Emerson
day of October A.D. 1888 by the
said Testator as his Last Will in
the presence of us.
Richard F. Hayes
F. E. M. Bunting
St. John's S.S.
Frederick E. M. Bunting of St. John's, Solicitor, maketh oath and saith that under the Will of the late Honorable George H. Emerson he was appointed executor and that Probate of the said will was to him granted by the Supreme Court on the 11th day of July A.D. 1889.
That on the 8th day of July 1889 Francis H. Balfour, the residuary legatee under the said will attended on deponent in conversation with deponent. The affairs of the Estate were discussed - certain arrangements made for the sale of such property of the estate as would be necessary for the liquidation of claims on the Estate of deceased and it was arranged that probate to the said will should be applied for at once by deponent.
That at this interview certain opinions were asked for by the said Francis H. Balfour in regard to the affairs of the Estate and deponent, before giving these opinions in general conversation, said to the said Francis H. Balfour that as he (deponent) was the Executor, it would be better for the said Francis H. Balfour to employ and ask a solicitor these questions and generally ask for him as deponent and did not consider he was bound as Executor to give professional opinions and do professional work for the Estate and the said Balfour unless he was remunerated for the same.
That the said Balfour then stated that he did not intend to employ a solicitor and that deponent should do the work necessary and that he would be paid for
the same. That deponent accordingly considered himself retained as Solicitor by the said Balfour for him and for the Estate.
That after this interview and on the 8th of July 1889 deponent gave notice for probate to said will.
That on the 9th of July 1889 deponent received the letter marked "A" from the said Balfour in which it is stated "that it would be preferable for me to be the Administrator and I will feel obliged if you will give the usual notice and prepare a petition for administration and apply at the earliest".
That deponent declined to renounce his Executorship.
That deponent subsequently requested from the said Francis H. Balfour the deeds and plans of the property of the Estate, which as they were not forthcoming the deponent had an interview with the said Balfour and asked him why he would not if we then? to deponent so that arrangements could be made for the sale of such land as would meet the liabilities of the deceased to which the said Balfour replied that he would do nothing in the matter and that he would oppose any property being disposed of & that deponent could go on and do as he pleased.
That deponent then wrote the said Balfour in reference to the arrangements of the affairs of the Estate to which deponent received the letter hereto annexed marked "B" in which deponent is referred to
Sir J. S. Winter as Solicitor for the said Balfour.
That owing to the unreasonable delay and opposition and hostile attitude of the said Balfour to every request of deponent, the said Balfour always referring him to Sir J. S. Winter as his Solicitor, deponent was necessarily compelled to employ as counsel, M. Greene QC who addressed the letter marked "C" to the said Balfour copy of which is annexed.
To this letter Mr. Green received the replies hereto attached: "D" & "E".
That after the receipt of these replies on August the 9th 1889 deponent went and saw the said Balfour and again asked him to come to some arrangements - produce the Deeds of the property and effect a settlement without unnecessary litigation to which the said Balfour replied that he would do nothing, that it was in his Solicitor's hands and that we could fight it out.
That proceedings for the detention of the Title Deeds of the Estate were thereupon taken against the said Balfour and a judgment by default was entered up against the said Balfour and a default Role placed on the docket for trial in the last term of the Supreme Court.
That deponent has never received the deeds or plans of the property nor an inventory of the Effects of the deceased testator.
That early in the month of September A.D. 1889 the said Balfour came to
deponent and produced a plan of property of the deceased testator and requested deponent to advertise certain portions of the land by private sale and also requested deponent to enquire the value and what offers could be got for other portions of the land and what offers could be got for a sale of the whole.
That deponent told the said Balfour that it was not his place as Executor to do this kind of work and that he was not going to do work for the estate beyond what as Executor he was bound to do without being compensated therefor.
That the said Balfour again told deponent to do all the necessary work for him and for the Estate and that it was as well for him (deponent) to do the work and get paid therefor as anybody else and at the same time the said Balfour stated his regret in opposing the arrangements made by deponent and also his regret that such a length of time had been lost in settling matters.
That deponent thereupon as Solicitor for the said Balfour advertised the land for sale - interviewed several probable purchasers and had correspondence in reference to the same.
That deponent procured an offer for the sale of the whole of the land which he submitted to the said Balfour but which he declined to accept.
That finding the land could not be sold, the said Balfour wished that
sufficient money to pay the claims on the Estate should be raised on mortgage and retained deponent to try and affect a loan.
That deponent solicited partners for the amount required and affected on the property with parties who wished to inspect the same.
That deponent had several interviews and consultations with the said Balfour as to the result of his endeavours to produce the money.
That the money being procured by the said Balfour, he informed deponent of the face and instructed deponent of the face and instructed deponent to prepare the necessary deeds which deponent did.
That throughout the several matters and things aforesaid deponent was retained by and acted as Solicitor for the said Balfour and for the estate & in the premises did several matters and things which deponent submits would not be within his interest as Executor and which would not have otherwise been done by deponent unless he was acting as a Solicitor for the residuary legatee Francis H. Balfour and as Solicitor for the estate.
Sworn before me at St. John's F. E. M. Bunting
Newfoundland this 3rd day
of January A.D. 1890.
Jos. P. Carty
Re: Est. of late
Geo. H. Emerson
Filed Jan 3:1890
The Hon. Geo. H. Emerson
Dated 13th October 1888
F. E. M. BUNTING
ST. JOHN'S, N. F.
To the Honorable the Supreme Court
and the Honorable the Judges thereof
The Petition of Frederick E. M. Bunting of St. John's, Barrister at Law
That the Honorable George Henry Emerson late of St. John's deceased died at that place on the third day of July A.D. 1889 having first made and executed his last will and testament.
That under the said will your Petitioner was appointed Executor and Probate to the said will was to him granted by your Honorable Court on the eleventh day of July A.D. 1889.
That the said testator died possessed of property which was sworn of the probable value of Twenty Thousand Dollars.
That the property consists almost entirely of that land known as Virginia Water - the chattels being of trifling value. The only money that has come to your Petitioner's hands being the sum of Thirteen Dollars and thirty two cents for three days pension due to the said testator.
That your Petitioner duly advertised for all debts due by the deceased testator to be furnished to him.
That for the purpose of realizing sufficient funds to pay the liabilities of the estate your Petitioner made arrangements for selling a portion of the Landed Property but in deference to the wishes of Mr. Francis Balfour (the residuary legatee under the said will) and after numerous consultations with him it was arranged that certain portions of the Virginia Water Estate as marked on a plan of the estate furnished your Petitioner should be offered for sale and the said Mr. Balfour requested your petitioner to inquire to probable value of other portions of the land and what offers could be obtained for the sale of the whole.
That the said portions of land were duly advertised for sale but none were sold although your Petitioner persistently solicited offers for the same and had negotiations and correspondence with probable purchasers.
That your Petitioner procured an offer of Twelve Thousand Dollars for the whole of the lands which he submitted to the said Mr. Balfour but he declined to accept it.
That finding that the lands as set
apart for sale could not be realized except at a figure lower than that your Petitioner believes was the actual value thereof, your Petitioner agreed to the wishes of the said Mr. Balfour that sufficient money should be raised on mortgage to liquidate the claims on the estate and that the lands should not be forced on the market at Public Auction.
That to effect this loan your Petitioner arranged with Catherine Stagg (an annuitant to the extent of one hundred dollars per annum under the said will) for her to release her claims on the lands of the estate so that no difficulty would arise in effecting the said mortgage.
That your Petitioner used his best endeavours to procure this loan and personally solicited many who would effect a loan - and attended with parties at the Virginia Estate who wished to inspect the property - but was unable to obtain the same.
That your Petitioner is informed by the said Mr. Balfour that he can procure the necessary amount required to liquidate the claims on the Estate.
That the amount required is estimated by your Petitioner at the sum
of Three Thousand two Hundred Dollars.
That at the request of the said Mr. Balfour, a Statutory Notice has been given by your Petitioner for the purpose of winding up the Estate and the various claims have been sent to your Petitioner.
That your Petitioner has given his services in all matters of the Estate - has furnished all accounts and statements to the said Mr. Balfour and his Solicitor and has done every matter and thing to expeditiously wind up the affairs of this Estate so that no loss or damage would accrue to the Estate or to those interested under the will of the said Testator.
Your Petitioner therefore prays that your Lordships will take into consideration the peculiar services he has performed in the management and settling of this Landed Property and grant him such compensation therefor as will be reasonable and proper.
And as in duty bound &c &c.
St. John's, Newfoundland this twentieth day of December A.D. 1889.
F. E. M. Bunting
St. John's, SS Frederick E. M. Bunting, the Petitioner named in the foregoing petition maketh oath and saith that the contents thereof are correct and true.
Sworn before me at St. John's F. E. M. Bunting
Newfoundland this 20th day
of December A.D. 1889.
Alexr J. W. McNeily
In re the Estate of the Late
Honble George H. Emerson
of St. John's, deceased.
Executor for compensation.
Dec 24, 1889
Mr. Bunting will please leave
his accounts at Chambers in
this matter & the Judges will
dispose of this application
on Tuesday next.
We consider the sum of One Hundred and Twenty
Dollars may be charged by this Executor as his
commission against this Estate. This is exclusive
of legal or professional charges.
J. J. L.
After three days application will be made to the Honorable the Supreme Court or one of the Honorable the Judges thereof for Probate of the will of the Honorable George H. Emerson late of St. John's, Gentleman, deceased to be granted to Frederick E. M. Bunting of St. John's, Solicitor, the surviving Executor named therein.
St. John's, Nfld, July 8th, 1889
F. E. M. Bunting
Actg CC & Reg.
I certify that the notice on the other side hereof written has been posted in the Office of the Chief Clerk and Registrar from the day of the date thereof until this date & that no caveat or other objection has been entered thereto.
St. John's, Nfld, July 10, 1889
Geo. J. Adams
Actg C.C. & Regr.
To the Honorable the Supreme Court or one of the Honorable the Judges thereof.
The Petition of Frederick E. M. Bunting of Saint John's, Barrister at Law
That the Honorable George Henry Emerson late of St. John's, Gentleman, died at that place on the Third day of July A.D. Eighteen Hundred and Eighty Nine having first made and executed the paper writing hereto annexed as and for his last will and testament.
That your Petitioner and Prescott Emerson Esquire, Chief Clerk and Registrar of the Supreme Court, now deceased, were appointed Executors under the said will.
That the said will has been duly proven.
That deceased at the time of his death was possessed of property of the probable value of Twenty Thousand Dollars.
That no Probate or Administration to the Estate of the said Honorable George Henry Emerson has been granted.
Petitioner therefore prays that Probate to the
Estate of the said George Henry Emerson may be granted to him.
And as in duty bound &c &c
St. John's, Newfoundland this 11th day of July A.D. Eighteen Hundred and Eighty Nine.
F. E. M. Bunting
Saint Johns S.S.
Frederick E. M. Bunting of St. John's, Barrister at Law, the Petitioner named in the foregoing Petition maketh oath and saith that the contents thereof are correct and true.
Sworn before me at St. John's F. E. M. Bunting
Newfoundland this 11th day
of July A.D. 1889.
Geo. J. Adams
In the matter of the
Estate of the Honorable
George H. Emerson, late
of St. John's
Petition for Probate
Fiat J. J. Little, A.J.
JUL 11, 1899
F. E. H. BUNTING
SUPREME COURT OF NEWFOUNDLAND
Frederick E. M. Bunting of St. John's, Barrister at Law, maketh oath and saith that on the Thirteenth day of October A.D. one thousand eight hundred and eighty eight at St. John's aforesaid he this deponent was present and did see the Hon. George Henry Emerson late of St. John's, Gentleman, 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 Richard F. Hayes of St. John's, Cooper, the other subscribing witness thereto. That Deponent and said Richard F. Hayes 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 F. E. S. Bunting
aforesaid this 11th day of July
A.D., One Thousand Eight Hundred
and Eighty Nine.
Geo. J. Adams
St. John's, Aug 8th 1889
D. J. Greene, Esq, Q.C.
Mr. F. Balfour has placed in my hands your note to him of the 8th inst. on behalf of Mr. Bunting, Executor of the will of the late Hon. G. H. Emerson.
Neither my client nor me from his intimations can discover the slightest reasons either on legal or other grounds for the noticeably hostile attitude towards him assumed by the Executor, nor for a recourse to the measures which in your note are stated to be in contemplation.
From an interpretation of the provisions of the will it appears to me that except in so far as the Executor
may be affected by a certain responsibility in escalation to the liabilities of the Estate (a responsibility which must be very light in view of the fact that the Estate consists almost entirely of real property and is far more than sufficient to satisfy all claims upon it) the Executor has no concern whatever with the property or the present or future disposition of it
and nor has he any right to meddle with it.
To put an end to any show of mere legal right (apart from any substantial interest) which the Executor may pretend to have to get possession or control of the property, or rather that portion of it to which our client is entitled under the will, we
are instructed to say that our client is prepared forthwith to find the money required to pay off the liabilities of the Estate, or to find ample security therefor, for the protection of the Executor.
We trust that you will at once advise your client to accept this offer as sufficient protection? him from the accounting and duty of any further action, interference with the Estate.
With regard to the defining of the boundaries or, of the land bequeathed to other Legatees, all that we have to say is that our client is ready and anxious to cooperate with them in any plan which will avoid the necessity for the employment of surveyors, or as you call it, "engineers". We believe also that in regard to this matter there is not the slightest reason
for any action ?????? on the part of the Executor, and that he and the other Legatees can easily settle matters to their mutual satisfaction. Whatever course however, the Executor may see fit to adopt in ??????? to these legacies must be at the cost of the legatees covered and not at the expense of this Estate or as this virtually must be, or our client.
We have proposed that our client has done or intended to do nothing whatever to call for this extraordinary and as we can ???? it irregular interference on the part of the Executor, and we regret any work that the Executor should have made as effort whatever to arrive at some simple and business-like method of closing up the Estate and carrying with effect the provisions of the will, such as my client has now proposed, or any other reasonable plan which could have avoided expense and trouble, and in which my client would have been most ready to cooperate.
We remain, Yours Truly
Winter, Morison & Hayward
St. John's, Aug 12/89
D. J. Green, Esq. Q.C.
Re Estate late G. H. Emerson
Referring to our note to you of the 9th inst, we have to add that we shall be obliged if you will furnish us, or our client with a list of the claims upon the Estate which have been furnished or of which your client is aware, in order that our client may make arrangements as indicated in our note, for the liquidation of said claims.
Winter, Morison Hayward
We have definitely decided that it would be preferable for me to be the Administrator and I will feel obliged if you will give the usual notice and prepare a Petition for Administration and apply at the earliest.
Upon consideration of the affairs of the Estate, you will perceive yourself, that it will be necessary in order to meet immediate debts to raise money either by loan or sale. If the latter it would be better that the smallest amount should
be sold and in such places as will be least injurious to the remainder.
With regard to Aunt Kate's annuity there can be no question as I will be prepared to give her a mortgage or any other form of security on the property for the faithful payment of that, either directly to herself or to a trustee as she may choose.
Let me hear from you during the day that you have aquiesed (sic) in this arrangement which Aunt Kate and myself think will act best in the long run for all concerned.
F. H. Balfour
8th 9th 1889.
(This page is badly damaged. Transcribing visible portions.)
In the Supreme Court.
__________ George Hy. Emerson, deceased, _________________________do not, according to the best of your knowledge, judgment and ____________________________ value of twenty thousand
So help you God.
F. E. M. Bunting
Sworn before me, at St. John's,
aforesaid this 11th day of July A.D.
Geo. J. Adams
Commissioner of Affidavits, Supreme Court