James Goldie
          1895

Estate of James Goldie 1895
From LDS Microfilm #2057393

To the Honourable the Supreme Court or to one of the Honourable the Judges thereof

The Petition of Charles S. Pinsent of St. John's in the Central District Accountant

Humbly Sheweth

1. That James Goldie late of Goldielea, Eskbank, Dalkeith in Scotland Retired Banker, died at Goldielea aforesaid in the twenty first day of June A.D. 1894, having first made and published his last will and testament in which he appointed William Milne of Edinburgh in Scotland, ??? Banker, and John Craig of Dalkeith aforesaid, Banker, his executor
2. That the said Will was duly registered in the Book of Council and Session? at Edinburgh and the said William Milne and John Craig were duly confirmed as Executors of the said Will by the sheriff of the Lothian? and Peebles? at Edinburgh
3. That the said James Goldie at his decease left property within the jurisdiction of this Honourable Court of the Probable value of eight thousand five hundred dollars.
4. That hereto annexed and marked "A" are a copy of the said will of the ?e?ftaner? of the office of Executor and Trustees by? the said William Milne and John Craig, extracted from the Register of Deeds &c, on the Books of Council and Session and certified as being extracted forth of the Record? of Inventories? of Personal Estates and Testaments and Writings relative to the disposal thereof kept for the Commissariat? of Edinburgh by the Seal of the said Commissariat and the signature of the clerk of the said Commissariat.
5. That hereto annexed and marked "B" is a copy of the approval and Confirmation by the Sheriff of the Lothian and Peebles of the said William Milne and John Craig as Executors of the said will of the said James
   
   
   
   Goldie extracted from the Record of Testaments kept for the Commissariat of Edinburgh and certified under the seal of the Commissariat of the County of Edinburgh and under the signature of the Clerk of the said Commissariat.
6. That hereto annexed and marked "C" and identified by my initials is a Power of Attorney from the said William Milne and John Craig as Executors of the Will of the said James Goldie to me to obtain probate of the will of the said James Goldie in this Honourable Court.
7. That no probate of any will or letters of administration to the Estate of the said James Goldie have been granted or applied for.

Your Petitioner therefore prays that Probate of the said Will of the said James Goldie may be granted to the said William Milne and John Craig, the Executors named in the said Will.
And as in duty bound, Your Petitioner will ever pray, &c.
Dated at St. John's this 28^th day of May A.D. 1895

C.S. Pinsent

Newfoundland
St. John's          I Charles S. Pinsent, the Petitioner named in the foregoing Petition make oath and say that the matters and things in the foregoing Petition contained are just correct and true to the best of my knowledge information and belief.
Sworn before me at                              C.S. Pinsent
St. John's aforesaid this
28^th day of May A.D. 1895

Geo. I. Adams
Comm'r Affdts

Supreme Court of
Newfoundland

In the matter of the Estate
of James Goldie late of
GoldieLea, Dalkeith, Retired
Banker, deceased

Petition for Probate to
be granted to William Milne
and John Craig, the Executors

Filed 28^th May 1895

(illegible signature)
Re???
May 31^st 1895
?? Winter

(Illegible signature of Solicitor)

"A"
Commissariat of Edinburgh

At Edinburgh the Twenty sixth day of February eighteen hundred and ninety five the following Deed related to the disposal of the personal estate of the deceased James Goldie was presented along with Inventory of said personal estate ??? Mr? George Jack?SSC? Dalkeith ___________________________
At Edinburgh the twenty sixth day of June one thousand eight hundred and ninety four the Deed hereinafter engrossed? was presented for registration in the Books of the Lords of Council and Session for preservation? and is registered in the said Books as follows? I James Goldie retired Banker presently residing at Goldie Lea Eskbank, Dalkeith, ??? ??? to regulate the succession to my means and estate after my death Do hereby give grant assign and dispose to and [sic]

James G. Currie

and in favor of William Milne Banker twenty nine Queen's Crescent Edinburgh and John Craig Banker Dalkeith and such other person or persons as I may hereafter name or as shall be assumed to act in the Trust hereby constituted whom all failing then to the nearest heir male of the last accepting and surviving Trustee who shall be major at the time the major number accepting and surviving and resident in Great Britain for the time being a quorum and the said Trustees named and to be named and assumed as aforesaid and their foresaids being throughout these presents denominated my Trustees and to the acceptors or acceptor and survivors and last survivor of the persons hereby named or to be named or assumed as aforesaid

James G. Currie

aforesaid as Trustee for executing the trust hereby constituted all and Sundry lands and heritage and whole other means estate and effects heritable [sic] and moveable real and personal of every description or wherever situated now belonging or which shall belong to me at the time of my decease together with the whole write? titles ??? and instructions thereof But declaring always that these presents are granted by me in trust only and for the uses and purposes following ??? First That my Trustees shall from the readust [sic] of my moveable means and estate pay all my just and lawful debts deathbed and funeral expenses and the expenses of executing this trust (Second) that my Trustee shall pay the annual income or revenue to be derived from the

James G. Currie

the residue of my whole means and estate before conveyed to my sisters Isabella Goldie and Margaret Goldie and the survivor of them in uferint [sic] said income or revenue to be payable at the terms [sic] of Whitsunday and Martinmas in each year or at such other terms as my Trustees may consider most suitable (Third) That my Trustees shall as soon as convenient after the decease of the survivor or my said sisters Isabella Goldie and Margaret Goldie realize the whole of my means and estate heritable and moveable and shall pay and make over? the same to ??? Goldie or Warden James White Goldie and George Goldie my niece and nephews: children of my deceased brother George Goldie, equally among them and it is hereby de-

James G. Currie

clared in the case of provisions to my said niece and nephews that should any of them die either before or after me leaving lawful issue and without having acquired a vested interest in such provision such issue shall be entitled to the share or shares original and during which their parent would have taken by sur??vance and the share of any of them dying without leaving lawful issue shall be divided among the survivors and the lawful issue of such as may have died leaving such issue in equal shares per stirpes and in addition to the powers and immunities conferred on gratuitous Trustees by Act of Parliament or enjoyed by them at common law. I hereby give power to

James G. Currie

my Trustees to sell all or any part of my said estate and that either by public roup [sic] or private bargain and I authorize my Trustees to appoint either one of their own number or any other person with or without caution to be their factor for uplifting? and discharging the funds of the Trust and the securities held for the same and the annual revenue thereof and for applying the funds to the purposes of the Trust and to give a reasonable allowance to such factor for his trouble and also to appoint one of their own number or other fit person as their law agent and to allow him the usual professional charges for his trouble for which factors and agents my Trustees shall not be further liable than

James G. Currie

than that they are habit and repate [sic] responsible at the time of appointment and I nominate my Trustees to be my sole executors and I hereby revoke all Settlements of a testamentary nature executed by me at any time heretofore and I reserve to myself not only my uferint [sic] of the whole trust estate before conveyed but also full perves [sic] at any time of my life to alter innovate or revoke these presents in whole or in part as I may think proper but declare that the same in so far as ??? altered or revoked by me shall be valid and effective though found lying in my own repositories or in the custody of any other person to whom I may entrust the same undelivered at the time
James G. Currie

of my death and I dispense with the delivery hereof and I consent to the registration hereof along with my Codicils to be hereafter executed by me for preservation. In witness whereof these presents consisting of this and the preceding page together with the marginal addition on the first page all written by Ogilvie Graham Turnbull ??? to George Jack? Solicitor Supreme Courts of Scotland Dalkeith are subscribed by me at Dalkeith upon the thirteenth day of June eighteen hundred and ninety four before these witnesses the said George Jack and Katie Blackie? Domestic Servant at Goldielea Eskbank aforesaid.
Signed James Goldie Geo Jack Witness Katie Blackie witness Dalkeith 25^th June 1894 We accept the office of Trustees

James G. Currie

trustees and Executors conferred upon us by the foregoing Trust Declaration and Settlement Signed by W Milne John Craig Extracted from the Registrar of Deeds &c in the Books of Council and Session on this and the seven preceding pages by me Principal ??? of said Register signed? Alex Forbes Dalkeith 25^th February 1895 Referred to in my Deposition of this date to the Inventory of James Goldie (signed/ John Craig Rev'd? Paterson I P
Extracted furth [sic] of the Record of Inventories of Personal Estates and Testaments and writings relative to the disposal thereof kept for the Commissariat of Edinburgh upon this and the eight preceding pages by me Commissary Clerk of Edinburgh
James G. Currie
Dept Clk.

Edinburgh 29^th March 1895. This is the Extract Registered Trust Disposition and Settlement referred to in the Power of Attorney executed by us of this date.

Wm. Milne
John Craig

I certify that the foregoing was signed in my presence at Edinburgh on the 29^th ??? A.D. 1895. In witness whereof I have hereunto set my hand and seal this day and your last above written?
Thos. ???
Notary Public
???

Commissariat of Edinburgh
Extract

of

Extract Registered

Trust Disposition and
Settlement
by

James Goldie

Dated 13 June 1894

Writing 7/6
Sealing 1
_____

8/6
Slanys 1
______

9/6

B??

Commissariat of Edinburgh

The Testament = Testamentar of umquhile [sic] James Goldie retired Banker who resided at Goldielea Eskbank Dalkeith.-----------
The said James Goldie had pertaining and resting owing to him at the time of his decease.
(For Inventory confirmed vide [sic]
Record of Inventories Vol 337 ---
page ??)
I Alexander Blair Esquire Sheriff of the Lothians and Peebles considering that the said James Goldie died at Goldielea Eskbank upon 21 June 1894 and that by a Trust Disposition and Settlement dated 13 June 1894 and recorded in the Court Books of the Commissariat of Edinburgh upon 26 February 1895 the said James Goldie Nominated and appointed William Milne Banker 29 Queens Crescent, Edinburgh and John Craig Banker Dalkeith to
James G. Currie

to be his executor and that the said William Milne and John Craig have given up on both an Inventory of the personal Estate and effects of the said James Goldie at the time of his death including the proceeds accrued thereon to date of Cath [sic] situated in Scotland amounting in value to Four thousand six hundred and sixty pounds five shillings and eight pence which Inventory as before written has ??? been recorded in said Court Books of date 26 February 1895, Therefore I, on Her Majesty's name and authority Ratify Approve and Confirm the nomination of executors contained in the foresaid Trust Disposition and Settlement and I Give and Commit to the said William Milne and John Craig full power to uplift

James G. Currie

revise administer and dispose of the said personal estate and effects grant discharges thereof fineedful? to pursus? therefor [sic] and generally every other thing concerning the same to do that to the office of an executor-nominate is known to belong: Provided always that they shall render just count and reckoning for their intromissions [sic] therewith when and where the same shall be legally required Given under the Seat of Office of the Commissariat of the County of Edinburgh and signed by the Clerk of Court at Edinburgh the Twenty seventh day of February eighteen hundred and ninety five
Signed Ralph Richardson - Commissariat Clerk -
Extracted furth [sic] of the Record of Testaments kept for the Commissariat of Edinburgh upon this and the two preceding pages by me Commissary Clerk of Edinburgh.

James G. Currie

Edinburgh 29^th March 1895. This is the Extract Testament Testamentar referred to in the Power of Attorney executed by us of this date.
Wm. Milne
John Craig

          I certify that the foregoing was signed in my presence at Edinburgh on the 29^th ??? A.D. 1895
In witness whereof I have hereunto set my hand and seal the day and year ??? above written.
Illegible signature
Notary Public
??tate

Sealed with the Seal of the Supreme Court this first day of June A.D. 1895.

By the Court
Alex'r J.W. McNeily
C. C & Reg?

Commissariat of Edinburgh

Extract

Testament Testamentar

??mguhill

James Goldie

1895

Writing 3/?
Sealing 1/?
_____
4/?

Slany 1/?
_____
5/?

To all to whom these presents shall come we William Milne Banker residing at number twenty nine Queens Crescent at Edinburgh Scotland and John Craig Banker residing at High Street Dalkeith in the County of Edinburgh Scotland, send greeting, John ??? ??? trustees and Executors of the deceased James Goldie ??? Banker who died at Goldielea Eskbank Dalkeith aforesaid, nominated and appointed as such Trustees and Executors by Trust Disposition and Settlement & dated thirteenth? and registered in the Books of Council and Session twenty ????th day of June Eighteen hundred and ninety four? and duly confirmed as Executors aforesaid to the deceased conform to Testament & Testamentar by the Sheriff of the Lothians and Peebles at Edinburgh aforesaid under the seal of the Commissariat of the County of Edinburgh and signed by the Commissary Clerk of the County of Edinburgh on the twenty seventh day of February Eighteen hundred and ninety five an [sic] extract whereof and also of said Trustee Disposition and Settlement & also under the hands and seal of said Commissary Clerk and signed by us as relative hereto; Know ye that we have made ordained nominated and authorized constituted and appointed and by these presents do make ordain nominate authorize constitute and appoint C S Pinsent [sic] Manager ??? Bank of Newfoundland, Saint John's Newfoundland our true and lawful attorney for us and to give up in our names as Trustees and Executors foresaid or in his own name on our behalf inventories and obtain Probate or Confirmation of the estate and effects ??? of money or other moveables belonging to the deceased James Goldie at the time of his death and now to us as his aforesaid Trustees and Executors in the Island of Newfoundland and its Dependencies or any part thereof and thereafter to transfer said estate and effects ??? & sums of money or other moveables from the holders thereof whether they or it may be in the names of the said James Goldie or any one on his behalf to our names as his said Trustees and Executors and to raise? and follow? forth all proceedings necessary for carrying into effect the purposes above written. Promian?? hereby to ali??? ratify and confirm all and whatever the said C. S. Pinsent [sic] shall lawfully do or cause to be done in virtue of these presents: And we consent to registration hereof for preservation and execution :-
In Witness whereof these presents written by Ogilvie Graham Turnbull Clerk to George Jack Solicitor Supreme Courts of Scotland Dalkeith aforesaid are subscribed by his? and we have hereunto set our hands and seals ??? at Edinburgh aforesaid on the twenty ninth day of March Eighteen hundred and ninety five before these? witnesses, the said George Jack and the said Ogilvie Graham & Turnbull

Signed sealed and delivered by the above named and Wm. Milne
???igned William Milne and John Craig before and in John Craig
presence of
O. G. Turnbull Witness
Geo. Jack Witness

I Thomas James Cochrane of Number five ??? ??? in the City of Edinburgh in Scotland, Solicitor before? the Supreme Courts of Scotland, and Notary Public duly ???mitted ??? and sworn, dwelling therein, Do hereby certify and Make known to all to whom these presents shall come and my concern? that the foregoing Power of Attorney having to be? th?? twenty ninth day of March Eighteen hundred and Ninety five ??? C. S. Pinsent [sic] Manager Union? Bank of Newfoundland, Saint Johns, Newfoundland ??? Signed sealed and delivered by John Craig Banker Dalkeith, and William Milne Banker ??? ??? Queen's Crescent Edinburgh in my presence and the names "John Craig" and W. ??? which are subscribed ??? ??? Power of Attorney ????????????? and of the proper hand writing of the said John Craig and William S???
In witness whereof I have hereunto set my hand and Seal this twenty ninth day of ??? Eighteen hundred and Ninety five years.

Thos. ???
Notary Public
Virtute?

Power of Attorney

By

Wm Milne and John Craig
In favor of
C. S. Pinsent

1895