James S. Hayward
          1889

Estate of James S. Hayward 1889
From LDS microfilm #2057543

Newfoundland
In the Supreme Court

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

You shall swear that you believe this to be the true last Will and Testament of James Stevenson Hayward late of St. John's in the Central District, Gentleman, 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 Stevenson Hayward, deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Twelve Thousand Five Hundred Dollars.

So help you God.

Sworn before me, at St. John's                              Sarah Ellen Hayward
this 10^th day of December A.D., 1889.
Geo. J. Adams
Commissioner of Affidavits, Supreme Court.

1889

Estate of James Stevenson Hayward
late of St. John's
in the Central District,
Gentleman, deceased.

Dated 10^th Dec^r 1889

Probate granted to
Sarah Ellen Hayward
the Executrix named in the Will.

Estate sworn under $12,500⁰⁰/₁₀₀

Supreme Court

St. John's
To wit
Sarah Ellen Hayward of St. John's aforesaid (the Petitioner within named) maketh oath and saith that the contents of the within written Petition are correct and true.

Sworn before me at St. John's                                        Sarah Ell Hayward
this ninth day of December A.D.
one thousand eight hundred and
eighty nine.
Geo. J. Adams
Commissioner

Supreme Court

In the matter of the
Will of James S.
Hayward, deceased.

Petition of Widow
for probate.

Fiat
F. B. T. Carter
Ch. J.

(Written to the right of the above:)
???          3.75
C               .50
P              1.50
Copy        1.00
Aff             .75
                7.50

To the Honorable Sir. F. B. T. Carter
H.C.M.G Chief Justice
or to one of the other Honorable
Judges of the Supreme Court
of Newfoundland.

The Petition of Sarah Ellen Hayward of St. John's, widow.

Humbly Sheweth

That the deceased Husband James S. Hayward late of St. John's, Assistant Collector, died at St. John's on the twenty eighth day of November last leaving him surviving his Widow (YourPetitioner) but no children.
That the said deceased left a will which has been proven in due form of law on the affidavit of Augustus O. Hayward, one of the subscribing witnesses thereto which said will and proof are hereto annexed and marked A and B respectively.
That the said deceased left property, monies and effects of the probable value of Twelve Thousand Dollars.
That

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no probate or administration has as yet been taken out to said Estate.
That in and under said Will your Petitioner was appointed sole Executrix.
Your Petitioner therefore prays that Probate to said Will be granted to her and as in duty bound she will ever pray.

St. John's                                        Sarah Ellen Hayward
December 1889.

Notice

After three days from date application will be made to the Honorable Sir F. B. T. Carter K. C. M. G., Chief Justice of the Supreme Court of Newfoundland or to one of the other Honorable Judges thereof for Probate of the Will of late James S. Hayward of St. John's, gentleman, deceased to be granted to Sarah Ellen Hayward, sole executrix under said Will.
St. John's, December 2/89
(Stamp)                                        A. O. Hayward
REGISTRARS OFFICE              Proctor
ST. JOHN'S
DEC 2 1889
NEWFOUNDLAND

I hereby certify that the within written notice has been posted up in the Office of the Chief Clerk and Registrar from the record instant to date.
St. John's Dec 9/89
Geo. J. Adams
A ? cr

Supreme Court of Newfoundland
--------------------

ST. JOHN'S
TO WIT
Augustus Olive Hayward of St. John's aforesaid, one of Her Majesty's Counsel, maketh oath and saith that on the nineteenth day of November A.D. one thousand eight hundred and eighty six at St. John's aforesaid he, this deponent, was present and did see James Stevenson Hayward late of St. John's aforesaid, 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 George F. Hayward, the other subscribing witness thereto. That Deponent and said George F. Hayward 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                              Augustus O. Hayward
aforesaid this ninth day of
December, A.D. One Thousand
Eight Hundred and Eighty Nine.
Alexr J. W. McNeily
Commissioner.

THIS is the last Will and Testament of me, James Stevenson Hayward of St. John's, gentleman.
I give devise and bequeath to my wife Sarah Ellen Hayward, her Executors, Administrators and Assigns absolutely and for ever and to dispose of as she may think fit the Dwelling House, Garden and Grounds and appurtenances thereto belonging, together with all my Household Furniture, property and effects therein contained.
Also my Life Insurance Policy, Debentures and property of every description and kind whatsoever and wheresoever situate.
And I also appoint my said Wife sole Executrix of this my last Will and Testament.
IN WITNESS whereof I, the said James Stevenson Hayward have hereunto set my hand at St. John's aforesaid this nineteenth day of November A.D. one thousand

Page 2

eight hundred and eighty six.

SIGNED by the said Testator as and for his                    James Stevenson Hayward
last Will and Testament in our presence, who
in his presence at his request and in the
presence of each other have hereunto set
our names as witnesses on the day and
year and place on the other side hereof
written:
Augustus O. Hayward
George F. Hayward

WILL
of
James S. Hayward