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Miscellaneous Deeds, Grants, Petitions & Wills
(G)
James Gill

 

James Gill
          1889

Estate of James Gill 1889
From LDS microfilm #2057543

 

Supreme Court

In re Will of late
James Gill
late of Hr. Grace,
fisherman, deceased.

Will and proofs
of do & of Codicil.

also

Petition for Probate &c

Fiat
R. J. Pinsent
A. J.

(stamp)
REGISTRARS OFFICE
ST. JOHN'S
FEB 28 1889
NEWFOUNDLAND

21 March/89
Whiteway & Johnson, Solicitors

 

 

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

The petition of George W. H. Hierlihy of Bay Roberts

Humbly Sheweth

That James Gill heretofore of Harbour Grace, fisherman, departed this life on or about the second day of February Anno Domini eighteen hundred and eighty nine at Harbor Grace having previously made and published his last will and testament and a codicil thereto which will and codicil are hereto annexed and whereby he appointed your petitioner executor thereof.
That no probate of the said will or administration of the estate of the said James Gill has been granted.
That the Estate of the said James Gill at his death did not exceed twenty four hundred dollars in value.
Your petitioner humbly prays that the said will and codicil of the said deceased may be admitted to probate and your petitioner entrusted with the execution thereof and as in duty bound will pray.
Dated at Bay Roberts this 20th day of February A.D. 1889.

G. W. R. Hierlihy

 

 

Supreme Court

In re Will of
James Gill

Newfoundland

Place where sworn
to wit
George W. R. Hierlihy of Bay Roberts, the petitioner named in the above written petition, maketh oath and saith that the matters and things therein contained are just and true.

Sworn before me at Carbonear                              G. W. R. Hierlihy
this 20th day of February A.D.
1889.

John Ryall
Commissioner of Affidavits
Supreme Court

 

 

In the Supreme Court of Newfoundland

Newfoundland
Bay Roberts
To wit
Thomas Calpin, Blacksmith, of Bay Roberts in the said Island maketh oath and saith that he was present on the twenty eighth day of January Eighteen hundred and Sixty and did see James Gill of Harbour Grace in the said Island, fisherman, the Testator named in the paper writing hereto annexed duly sign (by making his mark) seal, publish and declare the paper writing annexed marked A as and for his last will and testament in the presence of this deponent and of Charles Calpin Sr of Bay Roberts, blacksmith, and of Charles Calpin Junr of Bay Roberts Blacksmith, the other subscribing witnesses thereto.
That this deponent and the said Chs Calpin Sr and Charles Calpin Junr then and there signed their names to such Will as such witnesses in the presence of the said Testator and of each other.
That before the said James Gill so signed the said Will or paper writing A and before deponent and the said Charles Calpin Sr and Charles Calpin Jr so signed as witnesses it was read

Page 2

read over and explained to the said Testator in the presence of this deponent and of said Charles Calpin Sr. and Charles Calpin Jr, the other subscribing witnesses thereto and was then fully approved of by the said James Gill.
That at the time when the said James Gill so signed the said Will or Paper Writing he was of sound and disposing mind, memory and understanding, to the best of this deponent's knowledge and belief.

Sworn before me at                                        Charles P. Calpin
Bay Roberts this 2nd
day of February A.D.
1889.

G. W. R. Hierlihy
Commissioner, Supreme Court

 

 

In the Supreme Court
of Newfoundland

Newfoundland
to wit

          George W. R. Hierlihy of Bay Roberts in the said Island, Notary Public, maketh oath and saith that he was present on the second day of November eighteen hundred and eighty two and did see James Gill of Harbour Grace in the said Island, fisherman, the Testator named in the paper writings hereto annexed duly sign (by making his mark) seal, publish and declare the paper writing hereto annexed marked B as and for a Codicil to his last Will and Testament dated the twenty eighth day of January eighteen hundred and sixty in the presence of this deponent and of Samuel Stowe of Harbor Grace, Carpenter, the other subscribing witness thereto.
That this deponent and the said Samuel Stowe then and there signed their names to such Codicil as such witnesses in the presence of the said Testator and of each other.
That before the said James

Page 2

Gill signed the said Codicil of paper writing B, and before Deponent and the said Samuel Stowe so signed as witnesses, it was read over and explained to him in the presence of this Deponent and of the said Samuel Stowe and was ???? fully approved of by the said James Gill.
That at the time when the said James Gill so signed the said Codicil, he was of sound and disposing mind, memory and understanding to the best of this Deponent's knowledge and belief.

Sworn before me at Carbonear                                        G. W. R. Hierlihy
this 20th day of February A.D.
1889.

John Ryall
Commissioner of Affidavits
Supreme Court

 

 

          The notice on the other side written was duly posted in the office of the Chief Clerk of the Supreme Court on the day of the date thereof & has since that date remained so posted. No caveat or objection has been entered thereto.
St. John's, Feb.          1889

 

 

Notice

After three days application will be made to the Supreme Court or one of the Honourable Judges thereof for letters of probate of the Will of James Gill, late of Harbour Grace, fisherman, deceased, to be granted to George W. R. Hierlihy of Bay Roberts, the Executor named in the said will.
February 9, 1889
Whiteway & Johnson
Proctors for Applicant.
(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
FEB 9, 1889
NEWFOUNDLAND
JPC

 

 

In the matter of the Estate of James Gill, late of Harbor Grace, fisherman, deceased.

I hereby withdraw the caveat entered by me in the above cause.

W. G. Wood
Atty for
Patrick Gill
St. John's
Mar 20/89

 

 

Supreme Court

In the Estate of James Gill,
late of Harbour Grace,
fisherman, deceased.
In the instance of George W. R. Hierlihy of Bay Roberts claiming as executor of the will of the said James Gill, I do order that Patrick Gill, a brother of the deceased, to show cause if any he have why probate of the said will of the said James Gill and of a codicil thereto (which will is dated twenty eighth day of January eighteen hundred and sixty and which codicil is dated the second day of November eighteen hundred and eighty two) should not be granted to the said George W.R. Hierlihy by filing in the Registrar's Office on or before the eleventh day of March next 1889, and serving on the said George W. R. Hierlihy an answer asking the grounds on which he resists such grant within           days after serving the citation otherwise the claim of the said George W. R. Hierlihy will be taken to be admitted to him.
The 28th day of February A.D. 1889.
J. J. Little
A. J.
Geo. M. Johnson
Proctor for the said
George W. R. Hierlihy.

 

 

Supreme Court

In re Will of late
James Gill
late of Harbour Grace
fisherman, deceased.

Citation

(stamp)
REGISTRARS OFFICE
ST. JOHN'S
FEB 28 1889
NEWFOUNDLAND

I accept service of this
citation for Patrick Gill
the brother of the above
James Gill.
Harbour Grace
The 1st day of March 1889.
W. O. Wood
Solr for said Patrick Gill.

 

 

Caveat                                         Supreme Court

In the matter of the will of James Gill, late of Harbor Grace, Tide-Waiter, deceased.

Let nothing be done in this matter unknown to
W. O. Wood
Proctor for Patrick Gill
February 8/89
Brother of deceased.

(stamp)
REGISTRARS OFFICE
ST. JOHN'S
Feb 8 1889
NEWFOUNDLAND
J.P.C.

 

 

A

In the name of God Amen.
I James Gill of Harbour Grace, Conception Bay in the Island of Newfoundland, Fisherman, being in perfect health of body and of perfect mind and memory, thanks be given unto God calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testament.
That is to say principally and first of all, I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth, to be buried in decent Christian burial at the direction of my Executors. Nothing doubting but at the general resurrection, I shall receive the same again by the mighty power of God. And as couching such worldly Estate wherewith it has pleased God to bless me in this life, I give, devise and dispose of the same in the following manner and form
FIRST - I give and bequeath to my sister Mary Meach (if she be alive at the time of my death), the one seventh part of all money I may be possessed of at my death either in cash or securities in Bank or Notes of hand, held by me, to be paid her by my Executor.
SECONDLY. For and in consideration of my having lived with Mrs. Caroline Butler of Harbour Grace for the past eight years, and having experienced every kindness from her and her children, it is my intention to remain with them during the remainder of my life, expecting that they will continue the same kind treatment of me

Page 2

as heretofore. For these reasons I give and bequeath unto the said Mrs. Caroline Butler and her children the remaining six sevenths of what money I may die possessed of, or if my sister Mary Meach dies before me, then she the said Caroline Butler is to have the whole of all the money I may possesses as also all property of all and every kind I may be possessed of for the sole use and benefit of the said Caroline Butler and her children. They, the said Caroline Butler and her children or one of them taking care of me 'till my death as they now do. I also constitute, make and ordain Mr. George H. R. Hierlihy, Notary Public of Bay Roberts, sole Executor of this my last Will and Testament. And I do hereby utterly disallow, revoke and disannul all and every other former Testament, Will, Legacies, Bequests and Executors by me in any ways before named, willed and bequeathed, ratifying and confirming this and no other to be my last Will and Testament.
In witness whereof I have hereunto set my hand and seal this twenty eighth day of January one thousand eight hundred and sixty.

Signed, sealed, published, pronounced,
and declared by the said James Gill as                    JameshisXmarkGill (seal)
his last Will and Testament in the
presence of us who in his presence and
in the presence of each other, have
hereunto subscribed our names.
Charles Calpin
Thomas  Calpin
Charles Calpin

Signatures in right margin
James Gill
Samuel Stowe
G. W. R. Hierlihy

 

 

(This page is torn in sections. Some parts are unreadable or missing. Transcriber note.)

To all to whom these presents shall come

I George W. H. Hierlihy Notary Public duly authorized admitted and sworn residing and practicing in Bay Roberts in Conception Bay, Newfoundland, do hereby certify and declare that I was present on the twenty eighth day of January inst and did see James Gill, the person named in the paper writing or Will hereunto annexed, duly by his mark ????????? and execute (torn page and part missing)

???????? and cost of administration are paid, I will and bequeath to Miss Caroline Butler for the reason named in my Will of 28th Jany 1860 for her support during her life. After her death the remainder to be subject and payable to her son, John Butler, his heirs or assigns. But if Mrs. Caroline Butler should die before me, then the remainder aforesaid I will and bequeath to John Butler aforesaid, son of Mrs. Caroline Butler as an acknowledgment for his kindness to me in the past and future. I reappoint my friend Mr. G. W. R. Hierlihy my sole executor to my foresaid Will

(torn page - piece missing)

Hierlihy does not outlive me. Then after the death of the said G. W. R Hierlihy, I desire that John Butler aforesaid be Executor to my said Will and to this Codicil. And my Will and meaning is that this Codicil is part and parcel of my last Will and Testament as if the same were so declared and set down in my said last Will and Testament.
Witness my hand and seal this second day of November One Thousand Eight Hundred and Eighty Two.

Signed sealed published and declared                              JameshisXmarkGill
before us by James Gill as a Codicil to his
Will of the 28th Jany 1860, who severally
subscribed our names as witnesses in the
presence of the said James Gill and of each
other the said Codicil being first read to
him the said James Gill who expressed his
knowledge of and agreement with the same.
Samuel Stone
G. W. R. Hierlihy

Notary Public

 

 

To her if alive at my death I leave and bequeath the sum of thirty pounds to be paid to her by my executor as her full share of my property as one of the children of Mrs. Caroline Butler in place of as in my Will of 28th Jany 1860. THIRD. To my brother Patrick Gill I bequeath the sum of thirty pounds if he survives me. FORTHLY. All my ???able property of all kinds I will and bequeath to Charles Butler, grandson of Mrs. Caroline Butler. FIFTH. The residue of such money as I may have in my possession in Bank or elsewhere at interest (page torn, piece missing).

????????????
been perfectly to understand being exactly as he dictated it being drawn so far as the disposal of his property and its Executor are concerned. And that the mark X James X Gill thereto subscribed is in the proper handwriting of the said James Gill by his mark. That the names Charles Calpin Sen, Thomas Calpin and Charles Calpin thereto subscribed as the witnesses thereto are of the respective proper handwritings of Charles Calpin Sen, Thomas Calpin and Charles Calpin, all of Bay Roberts aforesaid, the subscribing witnesses thereto.

In testimony whereof I have hereunto subscribed my name
and affixed my seal of office this twenty eighth day of
January in the year of our Lord one thousand eight hundred
and sixty.

George W. R. Hierlihy
Notary Public

"B"

Be it known unto all whom it doth or may concern that I James Gill of Harbor Grace whose will of the 28th January A.D. 1880 is hereunto annexed, deem it proper to make certain alterations in the manner of the disposal of my property as therein set forth, to wit - FIRST. My sister Mary Meach being dead, my bequest to her died with her and in place thereof, I will and bequeath to each of the children *of George Meach her son, as may be alive at my death, the sum of ten pounds. SECOND. Sophia Butler, one of the children of Mrs. Caroline Butler named in the said will, has since it was written married

*the words "of George March her son"
on the third line from the top, first
written before signing….at request of
Initials GWRB/1860

 

 

Newfoundland
In the Supreme Court

AFFIDAVIT
----------

You shall swear that you believe this to be the last Will and Testament with one Codicil thereto of James Gill of Harbor Grace in the Northern District of Newfoundland, Fisherman, 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 or 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, Chattles (sic), Assets, Credits and Effects of the said James Gill, Deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Twenty Five Hundred Dollars.

So help you God.

                                                  G. W. R. Hierlihy

Sworn before me at St. John's
this tenth day of April A.D. 1889.

J. Wilcox
Commissioner of Affidavits, Supreme Court

 

 

1889

Estate of James Gill
late of Harbor Grace
in the Northern District,
Fisherman, deceased.

Dated 12th April A.D. 1889

Probate granted to
G.W.R. Hierlihy
the Executor named in the Will.

Estate value under $250000

 

 

Page Transcribed by Mary Rawlinson

Page Revised by Ivy F. Benoit (Tuesday February 25, 2020)

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