David Sclater
          1894

Estate of David Sclater 1894
From LDS Microfilm #5027392

To the Honorable the Supreme Court or one of the Honorable the Judges thereof
          The Petition of Alexander J.W. McNeily Esquire one of Her Majesty's Counsel of St.John's,Newfoundland

H U M B L Y    S H E W E T H

          That David Sclater of St. John's Merchant died at that place in the month of August instant having first made his last will and testament and a codicil thereto.
          That the said will and codicil are hereto annexed proved upon the oath of your Petitioner who is one of the subscribing witnesses to the said will and codicil.
          That under the said will your Petitioner is appointed executor for the due execution thereof.
          That deceased at the time of his death was possessed of property of the probable value of $12,000
          That neither probate of the said will nor administration to the estate and effects of deceased has as yet been granted to anyone.
          Your Petitioner therefore prays that probate of the said will may be granted to him and as in duty bound he will ever pray
          St. John's August 11^th I894
Alexr. J.W. McNeily

I N   T H E  S U P R E M E   C O U R T

In the matter of
the will of David
Sclater, deceased.

St.John's
          SS          I, Alexander J.W. McNeily of St.John's Q.C. Chief Clerk and Registrar of the Supreme Court make oath and say as follows.-

1. That I am the foregoing Petitioner.
2. That the several matters and things in the said Petition set forth are true to the best of this
deponent's judgment, knowledge and belief.

Sworn before me at St.St. john's          }          Alexr J.W. McNeily
This 11^th day of August A.D. I894      }

M J Carroll
Comm SC

In the Supreme Court
--------------------------

In the matter of the
Will of David Sclater
late of St. John's
Merchant deceased
-------------

Petition of Executor
for Probate.
------------

Filed
-----------

Fiat
Aug 11/94
J.S. Winter
J.

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

St John's       }
To Wit          } I Alexander J.W. McNeily of St John's Chief Clerk of the said Court make oath and say that on the nineteenth day of February A.D. One Thousand Eight Hundred and Ninety at St John's aforesaid I was present and did see David Sclater late of St Johns aforesaid Merchant the Testator named in the paper writing hereunto annexed, duly sign, publish and declare the said annexed paper writing, marked A as and for his last Will and Testa-ment in the presence of me and of Mary Baird of S^tJohn's aforesaid, Spinster the other subscribing witness thereto. That I and said Mary Baird -------------------------------- then and there signed our names to such Will as such witnesses, in presence of the said Testator and of each other, and at the time of the said execu-tion of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.
Alexr. J.W. McNeily

Sworn before me, at St John's          }
aforesaid, this eleventh day of          }
August A.D. One Thousand              }
Eight Hundred and Ninety-Four       }

M.J Carroll
Commissioner of Affidavits

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

St John's       }
To Wit.          } I Alexander J W McNeily of St John's aforesaid Chief Clerk of said Court make oath and say that on the third day of November A. D. One Thousand Eight Hundred and Ninety Two at St John's aforesaid I was present and did see David Sclater late of St John's aforesaid Merchant the Testator named in the paper writing hereunto annexed duly sign, publish and declare the said annexed paper writing, marked B as and for ^AJWMcN will^{(a codicil to)} AJWMcN for his last Will and Testa-ment in the presence of me and of Bertha M. Tessier wife of Charles W.H. Tessier, Merchant the other subscribing witness thereto. That I and said Bertha M. Tessier then and there signed our names to such Will^{AJWMcN(Codicil) AJWMcN} as such witnesses, in presence of the said Testator and of each other, and at the time of thesaid execu-tion of the said Will^Codicil the said Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.

Sworn before me, at St John's        }          Alexr. J.W. McNeily
aforesaid, this eleventh day of        }
August A.D. One Thousand            }
Eight Hundred and Ninety-Four     }

Alex M.J. Carroll
Commissioner of Affidavits.

Exhibit A referred to in annexed affidavit.
AJWMcN

This is the Last Will and Testament of me David Sclater of St John's in the Island of Newfoundland, Merchant. Imprimis for the sake of convenience and accuracy I divide the property of which I shall die possessed into two several parts without regard to the relative value of Each, the First of such divisions being the property which has immediate connections with the business carried on by me and in my name at No 179 Water Street St John's and consisting of the Stock, Good Will, interest in premises credits, vessels, boats, fishing gear, furniture and fittings and the like assets, and I declare the other portion or division of my Estate to be that property which I hold apart and separate from my business and which consists of (A.) in Policy of Insurance upon my life (B) Ten shares in the St John's Gas Light Company (C) Five shares in the St John's Athenaeum Joint Stock Building Company and (D) Three shares in the Fisherman's and Sailors' Home Joint Stock Company. As to these two Divisions of my Estate I will devise bequeath direct ordain and request as follows:
1^st Touching my trade and business and the matters Collateral therewith it is my Will and desire that the same should be liquidated wound up and realized within three years from the date of

Witnesses
Alexr J.W. McNeily                              David Sclator
------------
Mary Baird

(Note: Underlined words in body of the above indicate an X placed beside them in the left margin.)

Page 2

date of my decease and that such liquidation and realisation be managed and supervised by my son David Hunter Sclater and I charge this portion of my Estate with all the debts and liabilities of the business and with all expenses funeral and testamentary of my Estate. It is my further will and desire in Connection herewith, that as I do not consider the said business, in its present extent and upon its present basis, to be capable of affording a good and Comfortable Maintenance to two partners after the winding up and realisation of the said business, if my son David Hunter Sclater can obtain backing and assistance for the continuance of the said concern upon its present footing, and if he can make arrangements with the Union Bank in respect of the premises the said David Hunter Sclater shall have the good-will of the said business trade and Concern and may carry on the same for sole use and benefit But if my sons David Hunter Sclater and William A.B. Sclater can enter into a satisfactory mutual arrangement and Can obtain in such substantial assistance and support as may enable them to enlarge and extend the said business and securely to Carry on the said business so Extended and enlarged then it is my desire and preference that they should together Carry on the said business as Copartners. Should such an arrangement
Witnesses Alexr J.W. McNeily
                    -------------                              David Sclater
                 Mary Baird

Page 3

arrangement be found impracticable I will devise and bequeath all my interest in the Said business trade and Concern and its Connections to my said son David Hunter Sclater.
In respect of the moneys deposited in the Newfoundland Savings Bank in the name of my deceased wife Mary Sclater, I desire to remind my sons That it was Their mother's wish that the said moneys should be Kept undivided as between them and for the purpose of assisting business if required until after my decease and should then be divided Equally among the sons who should then survive me: that it was further her last expressed desire that our sons should work in love together Each to the other; and specially that my sons William A.B. Sclater and David Hunter Sclater should in their business arrangEments to the utmost of their power give preference and assistance to their brother James BlaiKie Sclater.
2^nd Touching the second division of my Estate, that is to say that property which I hold outside of my trade and business, and which I have hereinbefore described and inventoried it is my will and desire that the same be sold and realized without any unreasonable dElay and, the net proceeds of such sale and realization being divided into Ten Parts or Shares, I will devise bequeath and distribute the said Ten
Witnesses Alexr J.W. McNeily
               ---------------------------                    David Sclater
                 Mary Baird                                      -----------------

Page 4

Ten parts or shares as follows, namely: to my son David Hunter Sclater, Four (4) Tenths; to my son James BlaiKie Sclater, Four (4) Tenths and to my son William A.B. Sclater who has already had special and exceptional provision made for him under his Mother's will, the remaining Two (2) Tenths. 3^rd --- I appoint Alexander J.W. McNeily Queen's Counsel of St John's aforesaid to be the Executor --- of this my Last Will and Testament
In Witness whereof I have hereunto subscribed my hand the day and year hereunder mentioned.

Signed published and                                        David Sclater
declared by the above named                              ----------------
David Sclater the Testator
hereinbefore named as and
for his Last Will and Testa-
ment in the presence of us
who in the presence of the
said Testator and of Each
other have hereunto Subscribed
our names as Witnesses, on
this nineteenth day of February
A.D. 1890.
          Alexr J.W. McNeily
                    ------------
          Mary Baird

Exhibit B referred to in annexed affidavit
AJWMcN

This is a Codicil made by me David Sclater to the Last Will and Testament heretofore made by me and bearing date the nineteenth day of February A.D. 1890.
Imprimis I desire to confirm the said will by me heretofore save and except as it is altered by the new, or changed, dispositions made by this present Codicil.
1^o. I will and bequeath to my son James Blaikie Sclater my Gold Watch and Chain that I now wear.
2^o As to that portion of my Estate which I heretofore desired to be divided for purposes of adequate distribution into Ten Parts, I make the following changes upon it before such divisions as aforesaid namely: I bequeath to the Scheme of the Presbyterian Church of Canada the sum of One Hundred Dollars: to my Executor to be applied at his discretion for the benefit of the Poor of S^t John's the sum of Fifty Dollars: to my niece Margaret Pearson of Glasgow Scotland the sum of Fifty Dollars: and to my old servant Harriet Cox the sum of Twenty Five Dollars
3^o After payment of the above named Changes upon the residue of said portion of my Estate so made divisible into Ten Parts I will and bequeath

Page 2

bequeath to my son David Hunter Sclater Four tenths to my son William A.B. Sclater Four^Two tenths and to my son James B. SclaterThree^Four tenths of the same. And I do further declare and express my will desire and direction that if any of my sons should die without issue before the realisation and payment to him of his interest in my Estate under these presents then the share of such deceased son or sons shall be judiciously invested in some substantial security or securities at the discretion of my Executor and the annual rents issues and profits upon the said investments and the interests or dividends payable thereon shall be paid to the widow or widows of such son or sons during natural life and that upon the death of such widow or widows the principal sum so invested shall ensue(?) to the benefit of such of my grandchildren as may then be living or surviving share and share alike. In Witness Whereof I have hereunto subscribed my hand this third day of November A.D. 1892.

Signed published and declared by the       }          David Sclater
above named Testator as and for his         }
last Will and testament in the                    }
presence of us who in his presence           }
and in the presence of Each other              }
have subscribed our names asWitnesses   }
hereto (the word "Two" in the third line   }
being interlined over the word "Three"    }
obliterated and the word "Four" in the    }
fourth line having been interlined over    }
the word "Three" obliterated before the   }
execution by said Testator).                       }
Alexr J.W. McNeily
          ------
Bertha M. Tessier

3.75
  .50
               3.00 2 rouss?
          3.00 Copy
        3.00 Reg
   .75
14.00    

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

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

NEWFOUNDLAND, } I, Alexander J.W. McNeily of
St John's To WIT:        } St John's in the Central District one of Her Majesty's Council and Chief Clerk and Registrar of the Supreme Court aforesaid ---- do swear that I believe this to be the true Last Will and Testament of within codicil thereto of David Sclater late of St John's aforesaid Merchant Deceased and I ---------------------------------------------- do further swear that I will pay all the Debts and Legacies of the said deceased so far as his 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 David Sclater, deceased, and of which he died possessed, do not, according to the best of my ----- knowledge, judgment and belief, amount to the value of Twelve thousand one hundred dollars -------------------------------------------------------------

So help me GOD.

Sworn before me, at Saint John's }            Alexr J.W. McNeily
this Eleventh day of                       }                    --------------
August          A.D., 1894               }
M.J. Carroll
Commissioner of Affidavits.
Supreme Court.

1894

Estate of David Sclater
late of St John's
Central          District
Merchant deceased
-------

Probate granted to
Alexr J W McNeily
of St John's in the
Central District
the Executor    named
in the Will.

Dated 11^th day of August

Estate sworn under $12,100⁰⁰