Maria Moyse
          1894
(Surname is spelled Moyse and Moyes throughout this document)

Estate of Maria Moyse 1894
From LDS Microfilm #2057392

AFFIDAVIT.
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In the Supreme Court of Newfoundland.
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NEWFOUNDLAND, } I Samuel Hynes of Middle
Saint John's To WIT:   } Bight, Conception Bay (at present of S^t. John's/Fisherman do swear that I believe this to be the true Last Will and Testament of Maria Moyse late of Topsail, Conception Bay, widow, deceased ------------------------------------------------
I do further swear that I will pay all the Debts and Legacies of the said deceased so far as her Goods shall extend, and the law shall bind me, and that I will exhibit a full, true 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 I shall be lawfully called thereto. And I do further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Maria Moyse, deceased, and of which she died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Four hundred Dollars ----------------------------------

So help me God.

Sworn before me, at S^t. John's }
this 11^th day of                          }                    Samuel Haines
June --- A.D., 1894                   }
Geo. I. Adams
Commissioner of Affidavits.
------------------------------------------------
Supreme Court.

1894
Estate of Maria Moyse
late of Topsail
Central District
Widow deceased.
-------

Probate granted to Samuel Haines
of Middle Bight
Central District
one of
the Executors named
in the Will (the right of the
other Executor being
deceased/

Dated 11^th day of June 1894

Estate sworn under $400⁰⁰.

In the Supreme Court of Newfoundland.
--------------

NEWFOUNDLAND, }
To WIT:                        }
I Joseph Miller of Topsail make oath and say that on the 11^th day of June A.D., One Thousand Eight Hundred and Ninety- Eighty nine at Topsail ------------------------------ I was present and did see Maria Moyse ------------------ late of Topsail the Testatrix named in the paper writing hereunto annexed, marked A, duly sign, (by making her mark) publish and declare the said annexed paper writing, as and for ^{a codicil to} her last Will and Testament in my presence, and in the presence of John Reah the other subscribing witness thereto. That I and said John Reah then and there signed our names to such Will as such witnesses, in the presence of the said Testatrix and of each other. That previously to the said Will be so signed, as aforesaid, by the said Testatrix and the said witnesses, it was read over to and approved of by, the said Testatrix in the presence of me and the said John Reah and that at the time of the said execution of the said Will the said Testatrix was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.

Sworn before me, at S. Johns }
this 2^nd day of                         }
June A.D., 1894                      }                    Joseph Miller
Jos. P Carty
Commissioner of Affidavits,
Supreme Court.
(Note: Initials J.P.C., lines top and bottom of initials, are in left and right margins beside inserted words.)

In the Sup Court of Newfld

Newfoundland
To Wit

I Samuel Haynes of Kelligrews Conception Bay, maketh oath and say that I am well acquainted with the reverend William Henry Adams Methodist Clergyman now residing in Dalrimple Ontario Canada and formerly resident Clergyman at Topsail. That Maria Moyse late of Topsail was a parishioner of the said Rv. W. H. Adams That the will hereto annexed marked "A" is the hand writing of and witnessed by the said Rv. W.H. Adams, That I was well acquainted with his hand writing. That I am the Executor of the said will That I am also acquainted with the handwriting of Thomas Fowler the other witness. the name Thomas Fowler is in his hand writing
Sworn before    }
me at S. Johns   }                              Samuel Haines
this 31^st day of }
May AD 1894   }
Alex J.W. McNeily
---------
Comm. of.C.
----------------

This is the Exhibit marked A referred to in the annexed affidavit of Samuel Haines.          Alex J.W. McNeily Comm.of.C.
------------------------------ ------------------------------------------------------------------------------------
In the Name of God Amen
I Maria Moyes relict of the late James Moyes residing at Topsail in the Electoral District of Harbour Main Newfoundland being through mercy in healthy body and mind do make this last Will and Testament concerning my earthly possessions
I give and bequeath to my two sons Joseph Moyesand James Moyes the whole of my household furniture save only the several articles which are hereinafter otherwise disposed of. The said furniture to be equally divided between my said two sons
I give and bequeath to my five daughters namely Harriett wife of Samuel Chartor Elizabeth wife of Henry Fowler Maria wife of Samuel Hynes Sarah Charlotte wife of George Carnell and Julia Phoebe wife of Jabez Henry Butler all that piece of land left me by my late Father containing one acre or thereabouts and situated in Topsail aforesaid the said piece of land to be sold to my sons Joseph Moyes and James Moyes at a just valuation it agreed on and the proceeds to be divided equally between the aforementioned five daughters
I likewise give and bequeath to each of my aforementioned five daughters one bed of feathers together with bedding.
I give and bequeath to my said daughter Harriett the white-and-gilt bedroom set of earthenware together with the wash-stand also to my daughter Elizabeth the gilt-edged china tea-set also to my daughter Maria the dining-room side-board also to my daughter Sarah Charlotte the horse-hair fitted couch and to my daughter Julia Phoebe I give and bequeath the chest of drawers
I likewise give and bequeath to my aforementioned five daughters all such sum of money as I have deposited in the Savings Bank the said sum to be equally divided between them.
I give and bequeath all my live stock consisting of cows sheep pigs and poultry to my aforementioned two sons and likewise desire that it be divided between them
Also I give and bequeath all my personal clothing to my aforementioned five daughters to be equally divided
I hereby appoint Samuel Hynes of Middle Bight and Henry Fowler of Chamberlains to be executors of this my last Will and Testament
In witness whereon I have this eleventh day of June Anno Domini one thousand eight hundred and eighty nine in presence of these witnesses set my hand and seal

Thomas Fower
William Henry Adams

(Note: Seals affixed to the right of the each signature.)

(Following found in the left margin of the above.)

This is a codicil to the last will and testament of me Maria Moyse which will have? date June 11^th AD 1889. I revoke cancel and annul that devise or bequeath of that piece of land left me by my late father which under my said will I have left and bequeathed to my five daughters. I now devise and bequeath that piece of land to my sons Joseph and James to be Equally divided between them in all other respects I confirm my said will
Dated at Topsail this 17^th day of April AD 1893

John Reay
Joseph Miller

This is the Last Will and Testament of me James Moyes of Topsail in the Island of Newfoundland Blacksmith. I give devise and bequeath to my Executors hereinafter named all my Estate Property and Effects real and personal, of what kind and nature soever, upon trust, to transfer and deliver to my dear Wife Maria Moyes All my Cattle Sheep Pigs and live Stock (except my Horse which I give to my son Joseph) together with all my Household Furniture goods and other effects in my House at Topsail aforesaid for her sole use and benefit and also to transfer to my said Wife the Dwelling House in which I reside to be her sole property for term of her life which said dwelling House I devise at her decease to my Son James - upon trust further to transfer to my Son Joseph his heirs Executor and admin-istration all that dwelling House adjoining the dwelling House aforesaid and now in the occu-pation of Jabez Daown? together with the Outbuilding or Stable in the rear thereof; and further to transfer to my Son Joseph all my Blacksmiths Shop or Forge together with the tools and other instruments pertaining thereto to be his

Page 2

Sole and absolute property unless my son James shall also follow the business of a Blacksmith in which case I desire that the forge and tools shall be the property of my two sons each having an equal share therein - upon trust lastly to transfer one half of my land situate at Topsail to my aforesaid Son Joseph, and the other half to my aforesaid Son James so that each may receive a portion of the same value as that of the other; provided that each of them shall have an equal share in the Frost-proof cellar situate thereon. And I nominate and appoint my Wife Maria Moyes and George Gear of St. Johns Newfoundland Hardwareman the Executors of this my Will. In witness whereof - I have hereunto set my hand and seal this Twentieth day of March one thousand eight hundred and seventy one.

Signed sealed and declared
to be his last Will and Testament          James his X mark Moyes
by the said James Moyes who in
the presence of us both who in his
presence and in the presence of
each other have hereunto signed
our names as Witnesses thereof.
Witness George W.B Carter
Witness Wm. Swantboroughy?

(Note: Seal affixed to the right of James Moyes' signature.)

To the Honorable the Supreme Court or one of the Honorable the judges thereof,
The Petition of Samuel Haynes of Kelligrews Conception Bay humbly sheweth as follows.
That Maria Moyse late of Topsail aforesaid widow died at the above place on the ___ day of august AD 1893 having previously made her last will and testament proven on my affidavit annexed hereto and also a codicil to the said will proven on the affidavit of the Reverend John Reay.
That at the time of her death deceased was possessed of property within the jurisdiction of this Court of the probable value of four hundred dollars. That no probate to any will or letters of administration has been granted. That under the said will your petitioner was appointed Executor. That Petitioner therefore prays that probate to the said will may be granted to him and as in duty bound he will Ever pray
Dated at S. Johns this 21^st day of May AD 1894

Samuel Haines

Newfoundland }
S. Johns S.S.     } I Samuel Hynes of Kelligrews make oath and say that the facts in the foregoing petition are correct and true to the best of my knowledge and belief.

Sworn before me at    }
Saint Johns aforesaid }                    Samuel Haines
This 31^st day of May }
AD 1894                    }
Jos. P Carty              }
CommofC

Newfoundland }
S. Johns SS       } I Joseph Miller of Kelligrews^Topsail Conception Bay make oath and say as follows.
I am one of the witnesses to the Codicil on the within will the writing in the body of the said will and the signature William Henry Adams is in the proper hand writing of the Reverend William Henry Adams Methodist clergyman formerly of Kelligrews but now of Ontario Canada. I am acquainted with his handwriting.
Sworn before me at     }
Saint Johns aforesaid  }
this 2^nd day of June    }                    Joseph Miller
AD 1894                     }                              -----
Jos P Carty
Comm of C
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In the matter of
the Petition of
Samuel Haynes
Haines
Hynes
Exector of the will
of Maria Hynes Moyse
praying for probate
to the Said will
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Before
Mr Justice Winter
Order granted
June 4, 1894
Jos P Carty
A.C.ofC.

(The following found to the right of the above:)
    3.75
      .50
    1.50 Proof
    1.50 Proof
      .75
    1.00
    1.00
$10.00

Certificate
-------

I certify that the within notice was duly posted in this office from the day of the date thereof until this date and that no caveat or other objection has been entered thereto.
          St. Johns Nov 25^th AD 1893

Jos. P Carty
A.C.of.C

(Note: Seal of Registrar's office affixed to left of signature dated 25 Nov 1893)

Notice

Three days from the date hereof, application will be made to the Honourable the Supreme Court or one of the Honorable the Judges thereof for Probate to the last will and testament of Maria Moyse late of Topsail Conception Bay Widow deceased to be granted, to Samuel Hynes of Middle Bight and Henry Fowler of Chamberlins executors named in the said will
          Saint Johns August 1^st 1895.
G.I.AA.C.of.C                                       N.P. Morris
(written at angle between lines)          Solicitor for executors

(Note: Stamp of Registrar's office affixed dated 1 Aug 1895.)