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Miscellaneous Deeds, Grants, Petitions & Wills
(S)
Joseph Smith

 

Joseph Smith
          1894

Estate of Joseph Smith 1894
From LDS Microfilm #2057392

 

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

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

NEWFOUNDLAND, }
To WIT:                       } Mr John Alexander Robinson of St. John's Journalist and Andrew Black of Carbonear in the Northern District Merchant do swear that we believe this to be the true Last Will and Testament of Joseph Smith late of Carbonear Planter deceased so far as his Goods shall extend, and the law shall bind us, and that we 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 we shall be lawfully called thereto. And we do further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Joseph Smith, deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of Twelve Thousand dollars

So help us God.

Sworn before me, at Carbonear }                              Andrew Black
this twentieth day of                   }
February          A.D.,1894          }                              J. Alexr Robinson
need his signature Andrew Black
By Said Andrew Black
Joseph MacKay
Commissioner of Affidavits.

Supreme Court.
Sworn before me at St John's this 25th
day of February AD - 1894 (by the said
John Alexander Robinson)

Geo. I. Adams
----------
Commissioner of Affidavits of the
Supreme Court of Newfoundland.

 

 

1894

Estate of Joseph Smith
late of Carbonear
Northern District
Planter deceased
-------

Probate granted to
J. Alexr Robinson and
Andrew Black
In the
District
the Executors named
in the Will.

Dated 24th Feby 1894

Estate sworn under $12,00000

 

 

Certificate
----------

I hereby certify that the notice on the other side hereof written has been posted in my office from the date thereof until this date and that no caveat or other objection has been entered thereto

          St John's February 7th A.D. 1894
Geo. I. Adams
------------------
A.C.of.C.

 

 

Notice
--------

Three days from date hereof application will be made to the Honorable the Supreme Court or one of the Honorable the Judges thereof for Letters Probate to the will of Joseph Smith of Carbonear in the Northern District Planter deceased to be granted to J. Alexander Robinson of St. John's Journalist and Andrew Black of Carbonear Merchant the Executors therein named

St. John's February 2nd A.D. 1894

----------
G.I.A.                    M.P. Gibbs
A.C.of.C                Solicitor for said Executors
----------
(Note: Stamp of Registrar's Office affixed to right of initials - dated 2 Feb 1894.)

 

 

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

NEWFOUNDLAND, }
To WIT:                        }
I William Noel of Carbonear in the Northern District Planter make oath and say that on the sixth day of September A.D., One Thousand Eight Hundred and Ninety-two at Carbonear I was present and did see Joseph Smith late of Carbonear the Testator named in the paper writing hereunto annexed, duly sign, publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence, and in the presence of Alexander Hoskings the other subscribing witness thereto. That I and said Alexander Hoskings then and there signed our 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 my knowledge and belief.
Sworn before me, at Carbonear }
this Eighth day of                        }
February          A.D.,1894           }                              William Noel

Joseph MacKay
Commissioner of Affidavits,

 

 

"A"

This is the last Will and Testament of me, Joseph Smith of Carbonear in the Island of Newfoundland, Planter, ----------- After the payment of all my just debts and funeral and testamentary expenses I give, devise and bequeath to my sons John Smith and Thomas Richard Smith, all my fishing room, houses and outhouses, stores, flakes, boats, gear and property of any description whatsoever situated at Venisons Island, Labrador, said property to be equally divided between them --------------------------------------------------------------
Item, to my daughter Sarah Marshall, I will and bequeath all that property at present occupied by her, and situated near the back road of Carbonear, east of the Mortimer Estate ------------------
Item, to my son Giles Smith, I will and bequeath all that house, with outhouses, stores and land situated at the foot of Harbour Rock Hills Carbonear and occupied by me at the date of these presents together with all my furniture, wearing apparel, books, pictures and jewellery ------------
Item, to my beloved son Giles I give the sum of Five thousand dollars which sum shall be a first

Page 2

closed first charge on my estate ----------------------------------------------------
Item, to my son John Smith I bequeath the sum of six hundred dollars-------------------------------
Item, to my son Thomas Richard Smith I be-queath the sum of six hundred dollars ---------------
Item, to my daughter Susannah Green I give the sum of one thousand dollars ----------------------
Item, to my daughter Elizabeth Thomas I give the sum of nine hundred dollars --------------------
Item, to my daughter Sarah Marshall I give the sum of seven hundred dollars ---------------------
Should any of my childrend pre-decease me then I desire that their respective legacies be divided equally between their surviving children.
Item, to Ann Thoms I give the sum of one hundred dollars and one feather bed, a token of my appreciation for her long and faithful service.-----------------------------------------------------------
All other money or moneys, property or properties of which I may die possessed I leave to my beloved son Giles ------------------------------------------------------------------
I appoint John Alexander Robinson of St. John's Schoolmaster, sole guardian of my beloved son Giles until

Page 3

until such time as my said son, shall have obtained the age of twenty-five years, until which period I desire that my son shall not be allowed the use of the principal, unless it be in the opinion of his guardian, for his personal advantages
Should my son Giles die before attaining the age of twenty-five, I desire that his guardian shall cause to be sold all the property bequeathed to my said son Giles, and that the proceeds together with all the money or moneys bequeathed to him shall be equally divided between my surviving grandchildren.-------------------------------------------------------------------------------
          I appoint John Alexander Robinson of St. John's, schoolmaster, and Andrew Black of Carbonear, Merchant, executors of this my last Will and Testament          In witness whereof I have hereunto set my hand this sixth day of September, in the year of our Lord one thousand eight hundred and ninety-two          }
Signed by the said Joseph Smith, the testator          }          Joseph Smith
in our presence, who in his presence and in the        }
presence of each other, at the same time subscribe   }
ourselves as witnesses Alexander Hoskins
                                      William Noel

 

 

Proved before me on the oath
of William Noel. At
Supreme (?) Court(?) on the Eighth
Day of February A D 1894.
Joseph MacKay
Commr of Affidavits

 

 

To the Honorable the Supreme
Court or one of the Honorable the
Judges thereof

The Petition of J. Alexander Robinson of St. John's Journalist

Humbly Sheweth as follows:-

  1. That Joseph Smith of Carbonear in the Northern District of the Island of Newfoundland Planter died at Carbonear aforesaid on the 24th day of January A. D. 1894 having previously made and executed his last Will and Testament which is hereto annexed marked 'A' and proved in common form by William Noel of Carbonear aforesaid one of the subscribing witness thereto
  2. The said deceased appointed Andrew Black of Carbonear aforesaid Merchant and your petitioner Executors of his said Will
  3. The said deceased was at the time of his death possessed of property of the probable value of Twelve thousand dollars
  4. That no Probate or Letters of administration have been previously applied for
  5. Your petitioner therefore prays that Probate to said Will may be granted to the said Andrew Black and your petitioner and as in duty bound they will ever pray

          Dated at St. John's this 13th day of February A.D. 1894

J. Alexr Robinson

 

 

In the Supreme Court

St. John's }
To Wit     }

I John Alexander Robinson of St. John's aforesaid Journalist do make oath and say as follows:-

  1. I am the petitioner named in within petition
  2. The said petition is correct and true to the best of my knowledge and belief.

Sworn before me at          }
St. John's aforesaid this    }
13th day of February        }                              J. Alexr Robinson
A.D. 1894                         }

Geo. I. Adams
Comm.of. C.
-------------------------

 

 

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

Petition of John
Alexander Robinson of
St. John's Journalist
for Letters Probate of the
Will of Joseph Smith of Carbonear
Planter deceased
--------------------------------------------

Fiat for probate
To the Exes: as prayed
for.          J. S. Little
-------------
J.

(The following found to the right of the above:)
 3.75
   .50
   .75
 1.00
 1.00
 7.00

 

 

Page Transcribed by Josephine Gazley

Page Revised by Ivy F. Benoit (Saturday August 11, 2018)

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