James Harvey
          1889

Estate of James Harvey 1889
From LDS microfilm #2057543

This is the last will and testament of me James Harvey of St. John's builder and I hereby revoke all former wills by me made. I bequeath all my lands houses properties estate goods and chattels and effects of which I shall die possessed unto my wife Charlotte Harvey and to Joseph Wilson of St. John's baker and confectioner (hereinafter called my trustees) upon trust to use and apply the same in the support and maintenance of my said wife and to the support, maintenance and education of my children during the life of my said wife and on her decease to the said Joseph Wilson in trust for the support maintenance and education of my children who shall be living at the death of my said wife. (It is my will that in case my said wife shall marry again her husband shall have no control of any part of my estate or in the management of the same). In case any of my sons shall attain the age of eighteen years before the decease of my said wife then after attaining such age such son or sons shall have no further claim on my estate

Page 2

until after the death of my said wife if he or they shall survive her. If on the death of my said wife any of my children shall not have attained the age of twenty one years then my said Trustee shall hold and apply my said estate for the support, maintenance and education of my said children until the youngest shall attain the said age of twenty one years and shall then convey the whole of my estate absolutely to such of them as shall have survived my said wife in equal parts share and share alike, provided that he shall not be compelled to apply any part of my estate to the support and maintenance or education of either of my sons after such son shall have attained the age of eighteen years unless my said Trustee shall in his discretion see well to do so for the better support, maintenance and education

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above referred to. I appoint my said trustee, executor and executrix of this my will. In Witness whereof I have hereunto subscribed my name at St. John's this seventeenth day of September Anno Domini eighteen hundred and eighty six.

James Harvey

Signed published and declared by the
said testator as and for his last will and
testament in the presence of us the
subscribers who in the presence of the
said testator and of each other have
hereunto subscribed our names as
such witnesses the day and year last
above written.
Geo. M. Johnson
Joseph Wilson

This is a codicil to my above written will: In case during the life of my said wife any of my daughters marry then from and after such marriage she shall forfeit all claims on my estate until the general division after my said wife's death and shall then share only in the case she survive my wife.
Dated at St. John's this seventeenth of September 1886.
James Harvey
Witnesses
Geo. M. Johnson
Joseph Wilson

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

Newfoundland
St. John's
To wit
George M. Johnson of St. John's aforesaid, Barrister, maketh oath and saith that on the seventeenth day of September A.D. one thousand eight hundred and eighty six at St. John's aforesaid he this deponent was present and did see James Harvey late of St. John's aforesaid, Builder, deceased, the Testator named in the paper writings hereto annexed, duly sign publish and declare the said annexed paper writings as and for his last Will and Testament and as and for a Codicil to his said last Will and Testament in the presence of this Deponent and of Joseph Wilson of St. John's, the other subscribing witness thereto. That Deponent and said Joseph Wilson 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 deponent and said Joseph Wilson then and there signed their names to such Codicil as such witnesses in the presence of the said Testator and of each other, the said Codicil having been signed as aforesaid and published and declared by the said Testator as such Codicil and witnessed as aforesaid by this deponent and the said Joseph Wilson immediately after the execution of the said Will and that at the time of the said Execution of the said Will and Testament and Codicil, 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                                        Geo. M. Johnson
aforesaid, this Eighteenth day of
January A.D., One Thousand
Eight Hundred and Eighty Nine.

Jos. P. Carty
Commissioner

Notice

After three days application will be made to the Supreme Court or one of the Honorable Judges thereof for Letters of Probate of the will of James Harvey, late of St. John's, Builder, deceased, to be granted to his Widow Charlotte Harvey and for Joseph Wilson of St. John's, Baker and Confectioner, the Executors named in the said will.
The 18^th day of January A.D. 1889.
(Stamp)                                                  Whiteway & Johnson
REGISTRARS OFFICE                        Proctors for the said Charlotte
ST. JOHN'S                                           Harvey and Joseph Wilson.
JAN 18 1889
NEWFOUNDLAND
J. P. C.

DSC06013 + DSC06017

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

The petition of Charlotte Harvey of St. John's, widow, and of Joseph Wilson of the same place, Baker and Confectioner

Humbly Sheweth

That James Harvey, late of St. John's aforesaid, Builder, died at his dwelling house in St. John's on the sixteenth day of December last leaving him surviving your Petitioner, Charlotte Harvey, his widow and six children namely William aged *^thirteen years and six months, James Henry aged twelve years and three months, Jeannette aged *^ten years and nine months, Charlotte aged nine years and six months, Edward aged seven years and ten months and Margaret aged six years and nine months.
That the last will and testament of the said James Harvey and a Codicil thereto are hereto annexed by which will he appointed your Petitioners executors thereof.
That no probate of the said will has been granted.
That the estate of the said James

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Harvey at the time of his death did not exceed the sum of Thirty Six Hundred dollars in value.
Your petitioners therefore pray that the said will may be admitted to probate and that they **may be entrusted with the execution thereof.
And as in duty bound will pray.
The eighteenth day of January A.D. 1889.
Witness
Joseph Shea                                                  Charlotte Harvey
Joseph D. Wilson
*Initials JS in left margin.
**Initials JS in right margin.

Newfoundland
St. John's to wit
Joseph Wilson of St. John's aforesaid, Baker and Confectioner, one of the petitioners named in the aforesaid petition maketh oath and saith that the matter and things therein contained are true.
Sworn before me at St. John's                                        Joseph D. Wilson
this 19^th day of January A.D. 1889.

Jos. P. Carty
Commissioner

I certify that the within notice was duly posted in the Chief Clerk's office on the day of the date thereof and has since that date remained so posted and that no caveat has been entered thereto.
Jan. 24, 1889
Jos. P. Carty
Asst. Clerk

Supreme Court

Estate of James Harvey
late of St. John's, Builder.

Will: Proof of same
affidavit and petition
for probate

Fiat
J. J. Pinsent
A. J.

(Stamp)
REGISTRARS OFFICE
ST. JOHN'S
JAN 19 1889
NEWFOUNDLAND

(Written to the right of the above:)
???          3.75
C              .50
P             1.50
Aff          1.25
Copy       1.50
Reg         1.50
              10.00

Newfoundland
In the Supreme Court

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

You shall swear that you believe this to be the true last Will and Testament of James Harvey late of St. John's, Newfoundland, Builder, 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 Harvey, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Three Thousand and Seven Hundred Dollars.

So help you God.

Sworn before me, at St. John's
this twenty fifth day of                                                  Charlotte Harvey
January A.D., 1886 by the said                                     Joseph D. Wilson
Charlotte Harvey and Joseph D.
Wilson.
Jos. P. Carty
Commissioner of Affidavits, Supreme Court

1889

Estate of James Harvey
late of St. John's
in the Central District,
Builder, deceased.

Dated 16^th January 1889

Probate granted to
Charlotte Harvey and
Joseph D. Wilson
the Executors named in the Will.

Estate sworn under $3,700⁰⁰/₁₀₀