Moses Monroe
         1895

Estate of Moses Monroe 1895
From LDS Microfilm #2057393

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

St. John's
To Wit         I John P. Kent of St. Johns Solicitor make oath and say that on the 16^th day of July A.D. one thousand eight hundred and ninety seven at St. John's aforesaid I was present and did see Moses Monroe late of St Johns aforesaid 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 Testament, in the presence of me and of Robert J. Kent the other subscribing witness thereto. That I and said Robert J. Kent then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other, and 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 P. Kent
Johns aforesaid, this
24^th day of June
A.D. One Thousand Eight
Hundred and ninety five

Geo. I. Adams
Commissioner

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

St. John's
To Wit         I John McNeil of St. Johns Druggist make oath and say that on the 18^th day of May A.D. one thousand eight hundred and ninety four at St. John's aforesaid I was present and did see Moses Monroe 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 B as a Codicil to his last Will and Testament, in the presence of me and of Alfred B Monroe the other subscribing witness thereto. That I and said Alfred B Monroe then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other, and 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.
Johns aforesaid, this                                             Jno McNeil
26^th day of June
A.D. One Thousand Eight
Hundred and ninety four

Geo. I. Adams
Commissioner of Affidavits

"A"

I Moses Monroe of S. Johns Newfoundland Merchant do make publish and declare this as and for my last will and testament -
First; I nominate and appoint my brother in law John McNeil of St. Johns Druggist - my brother James Harvey Monroe of St. Johns Merchant and my present partner in trade Robert Kirby Bishop of St. Johns Merchant as executor and Trustee of this my will and I do will and direct that whoever these parties or those who may under the power hereinafter contained be - nominated in their places and instead have to exercise any discretionary powers or to do? or omit any act? matter or thing in performance or fulfilment of all or any of the ??? hereinafter mentioned and declared such discretionary power? may be exercised and such act? matter or thing be done or omitted to be done save and is often? deciding as to continuing my capital in the ??? and business of the form of Nl. ? Monroe as executioner in the tenth Sector of this my will in which case the decision to continue the said Capital in the said trade and business trust be the unanimous decision of all the then ???? Trustee otherwise the said capital shall not be continued in its said trade and business, by any two of them as if all three had joined in the doing? thereof and the assent or act of the third shall not be required to give validity to the exercise of such discretionary power nor to the doing or omitting of any such act and matter or thing - Second, I direct and will that all my just debts funeral and testamentary expenses shall be paid. Third - I give and bequeath to my executors the sum of One thousand pound currency provided this sum does not exceed one fourth of the

value of my Estate remaining after payment of my debts and liabilities, and if this sum be greater than such one fourth then in lieu thereof I give and bequeath to them such sum as shall be equal to the said one fourth of my estate in trust to invest the same in such securities as they shall deem proper with power to them from time to time to call in and vary such securities in such manner as to them shall seem ??? to pay the interest from time to time accruing on such securities to my brother John Monroe to be applied by him for the purposes directed in my letter marked A addressed to him and enclosed herein. The receipts of the said John Monroe for such payment to him shall be full discharges to my said executors who shall not be required to see to the application of the moneys so paid. Fourth: I give and bequeath to my executor the sum of one thousand pounds currency in Trust to invest the same in some ??? interest bearing securities and to hold the said principal sum and the interest from time to time accruing due thereon in Trust for the children of my brother William David Monroe in equal shares and proportions, and upon the further trust to pay to each of such children when he or she shall have attained the age of twenty one years his or her share of such principal money and if any accumulated interest thereon the share of any child dying under such age is that bearing issue his or her surviving shall become and be the property of the remaining children in equal shares and proportions and payable as herein before mentioned. Fifth; I give and bequeath to my brother James Harvey Monroe all the shares I may possess at the time of my demise in the Colonial C???age Company

Witnesses: Robert J Kent                           Moses Monroe
                  John P Kent

Limited on condition that he ??? ??? ???faction of the other ??? and of my wife Jessie Gordon Monroe [born McMurdo] relieve my executors and my estate of and from any and all liability for ??? account of any security upon or under which I am or may be or become in any way liable for or on account of the said Company to my brother John Monroe.
Sixth: I give and bequeath to my wife Jessie Gordon Monroe [born McMurdo] all my household furniture and effects pictures linen silver and all goods, chattels, and effects of every nature and kind in use in or about my dwelling house - also all my horses carriage cart and sleighs and all harnesses furniture fillings? and other matters and things appertaining to or used with my horses carriage cart and sleighs.
Seventh; In exercise of the right reserved to me in my aforesaid fo?? partnership in trade with the said Robert A. Bishop I do hereby direct and appoint that my wife Jessie Gordon Monroe [born McMurdo] shall if she thinks fit to do have use and occupy that part of the dwelling house over the hardware shop of the said partnership trade? situate on Water Street in St. Johns now in my occupation and also the stables now used by me with all the rights and privileges secured to me and my appointee? in and by the said agreement for a partnership.
Eighth; Should my executors consider that my Estate will justify them in so doing I desire that they will pay to each of my domestic servants and of the clerks in the employment of the said firm of M ? Monroe as may at the time of my decease have been in my service ?? that of the said firm for over two consecutive years a sum equal to a half years salary as legacy or bequest from me.
Ninth: I give and bequeath to my wife Jessie Gordon Monroe

Witnesses: Robert J Kent                           Moses Monroe
                  John P Kent

[born McMurdo] all the rest residue and remainder of my estate and effects of every nature and kind whatsoever and wheresoever situate, and without wishing in any way to interfere with her right to dispose of same as she pleases. I would recommend and request the she shall make the best use of the means at her disposal toward securing her personal comfort during her lifetime and that she should dispose of the property devised to her by me in a manner consistent with my wishes which are known to her.
Tenth: In regard to my trade and business carried on in partnership with Robert A ? Bishop under the style and form of M. Monroe I will and direct that should she and Robert A. Bishop so desire his share therein shall in the event of the said trade and business being continued under the provisions hereinafter contained after the twenty first day of December next succeeding my decease her share and interest therein shall be ?? from that date increased to one half of the whole of the said business as it may then stand. I hereby authorize and empower my executors and trustees should they deem it prudent and unanimously decide so to do to continue my Capital, or so much thereof as may remain after the payment of my just debts and the legacies of this my will not hereinafter specially mentioned in the said trade and business in the same manner as I have done during my lifetime for the remainder of the term of my copartnership with the said Robert A. Bishop of such period short of the said firm as my said Executors and Trustees shall by unanimous decision deem proper. Should they decide to continue the said business I desire that the credit and fishing supply portr??? thereof shall be curtailed as much as possible and as ??? as may be considered consistent with a fair realization of

Witnesses: Robert J Kent                           Moses Monroe
                  John P Kent

stock and debts due to the ??? and further that the said business shall be carried on under the present style and form and the care and management of the said Robert A. Bishop and James H. Monroe but under and subject in all things to the control of my executors and trustees or of a majority of them, and to my desire for curtailment as expressed above and for his services as such manager I direct that the said James H. Monroe shall have and receive from and out of the shares of the profits of the said business from time to time payable to my estate the sum of Two hundred and fifty pounds Currency per year as salary or compensation for such service. As regards the third, fourth, and ninth bequests of this my will and each of them I will and direct that if my executors and trustees decide to continue the said trade and business the amounts specified in these bequests and each of them shall not be withdrawn from the said trade and business but shall remain invested therein and shall not be paid or payable until my executors and trustees shall have wound up and closed the affairs of the said trade and business but I will and direct that the legatee named in each of the said bequests shall as from the thirty first day of December next succeeding my decease until the payment off of the said legacies be paid interest upon the said legacies from and out of the shares of the profits of the said trade and business which may from time to time be payable to my estate at and after the rate of five per cent per annum such interest to be paid and payable at the end of each year of the said trade and business or as soon thereafter as possible and I direct that said interest shall in the cases of the third and fourth bequests be paid and applied by this

Witnesses: Robert J Kent                                Moses Monroe
                  John P Kent

??? ??? legatees in the said bequests named to and for the trusts intents and purposes in the said bequests respectively named and in the case of the ninth bequest to be paid to my wife Jessie Gordon Monroe [born McMurdo] if she demands it for her own use and benefit, otherwise the said remainder of shares of profits and the said interests on the ninth bequest shall remain in the said trade and business or be otherwise invested as my executors and trustees shall be unanimous decision to be arrived at within a reasonable time after the close of each year's business resolve. Before deciding to continue my said Capital in the said Trade and business I will and direct that my executors and trustees shall take all such precautions and proceedings as may be necessary to sa??? ???less the private or separate estate of my said wife Jessie Gordon Monroe [born McMurdo] of and from all liability or responsibility to or for the said trade and business or any matter or thing connected therewith and that if this cannot be done they shall not continue the said trade and business after the thirty first day of December next succeeding my demise.
Eleventh; should any one or more of my said executors renounce his office and duty as such executor or refuse or neglect to join with the other or others of them in taking probate of this my will he or they shall by so doing cease to be a trustee or trustees under this my will and I do hereby authorize and empower my said wife Jessie Gordon Monroe [born McMurdo] by any writing under her hand to nominate and appoint a Trustee or Trustees of this my will in the place and stead of the executor or executors so renouncing or refusing or neglecting to join in taking probate and the trustee or trustees so appointed shall have and exercise all and the like powers privileges and authorities as if he was or they were herein named and appointed as such Trustee or

Witnesses: Robert J Kent                           Moses Monroe
                  John P Kent

Trustees Twelfth; should any trustee or trustees herein named and appointed as such or any trustee named and appointed by my said wife Jessie Gordon Monroe [born McMurdo] under the powers herein given to her ??? be released or discharged from his or their office and duty as Trustee be desirous of being released from such office and duty be declared insolvent or be unwilling or incapable of acting as such trustee or trustees or be resident out of the Colony for a longer period than twelve months at a time then and in such case and as often as such case shall ??? I hereby authorize and empower my said wife Jessie Gordon Monroe [born McMurdo] by any writing under her hand to nominate and appoint a Trustee or Trustees of this my will in place of the Trustee or Trustees so dying released or discharged or desirous of being released deceased insolvent unwilling or incapable of acting or resident out of this colony for the said time and the Trustee or trustees so appointed shall have and exercise all and the like power and privileges and authorities as if he or they were herein named and appointed as such Trustee or Trustees.
Thirteenth; I enclose herein a letter addressed to my wife Jessie Gordon Monroe [born McMurdo] which I direct my said executors to deliver to her immediately after the opening of this my will -
Fourteenth: I do hereby revoke annul and declare void all wills by me heretofore made. Witness my hand to this my will written on two sheets of paper at the foot or end of each page of which I have signed my name at St. Johns this sixteenth day of July A.D. 1887
Moses Monroe

Signed by the said Moses Monroe in our
presence who in his presence at his request
and in the presence of each other have thereto
set our names as Witnesses on the day and year
above written
Robert J Kent
John P Kent

B

This is a Codicil to my last will and testament made on the 16^th day of July A.D. 1887.
Instead of the Executors and Trustees named and appointed in and by the said will, I hereby nominate and appoint my brother in law, John McNeil ??? friend the Honorable James ??? and my nephew Walter Monroe Executors and Trustees of my said Will with all and singular the powers and duties confirmed and imposed by the said Will upon the Executors therein named. With respect to the bequest in the said Will of the sum of One thousand pounds to the children of my brother William David Monroe I desire that instead of the said bequest the said sum of one thousand pounds shall go to my wife Jessie Monroe in trust to be held and applied by her at her sole discretion either to the use and benefit of the said children or to her own sole use and benefit should she not otherwise be sufficiently provided for. In all other respects I confirm the said will
         Dated at St. Johns this 18^th day of May A.D. 1895

Moses Monroe

Witnesses
??? McNeil?
A B Morris?

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

         The Petition of John McNeil of Saint Johns

Humbly Sheweth as follows:-

1. Moses Monroe late of Saint Johns Merchant died there on or about the 19^th day of May last having first made and executed his last will and testament and a Codicil thereto, which is hereto annexed marked "A" and "B" respectively
2. The said deceased appointed James S? Pitts Walter Monroe and your petitioner Executors of said will -
3. The said deceased at the time of his death was possessed of property of the probable value of Ten thousand dollars.
4. That no probate or Letters of Administration of the estate of said deceased have been previously applied for.

         Your Petitioner therefore prays that probate of the will of said deceased may be granted to the said

said James S Pitts, Walter Monroe and your petitioner
         And ?? he as in duty bound will ever pray &c
         Dated at Saint Johns this 26^th day of June A.D. 1895

Jno. McNeil

Newfoundland

Saint Johns
to Wit         I John McNeil of Saint Johns aforesaid the petitioner named in the foregoing petition make oath and say that the several matters and things therein contained and set forth are correct and true -
Sworn before me at
Saint Johns aforesaid                                    Jno. McNeil
this 26^th day of June
A.D. 1896
Geo. J. Adams
Comm'r AFSC

In the Supreme Court

In the matter of the will of Moses
Monroe late of St. Johns Merchant
deceased.

Petition for Probate

Fiat
June 28/95

J.S. Winter
J.

Morison Morine & Gibbs
Solicitors

AFFIDAVIT
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In the Supreme Court of Newfoundland
----------------

NEWFOUNDLAND
Saint Johns   To Wit         We John McNeil of St. Johns Druggist and Walter Monroe of St. Johns Accountant and the Honorable James S. Pitts of St. Johns Merchant do swear that we believe this to be the true Last Will and Testament with one Codicil ??? of Moses Monroe late of St. Johns, Merchant deceased, we do further swear that we will pay all the Debts and Legacies of the said 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 Moses Monroe deceased, and of which he died possessed, do not, according to the best of our knowledge, judgment and belief, amount to the value of ten thousand five hundred dollars

So help us God

Sworn before me, at St. Johns
this 30^th day of July A.D. 1895                           Jno. McNeil
                                                                                NSD??
by the said John McNeil and Walter Monroe
                                                                                James S. Pitts
and James S. Pitts

Geo. I. Adams
Commissioner of Affidavits
Supreme Court

1895

Estate of Moses Monroe
late of St. Johns
in the Central District
Merchant deceased

Probate granted to John McNeil
and Walter Monroe and The Hon.
James S. Pitts of St. Johns in the
Central District
the Executors named in the
Codicil to the Will

Dated 6^th August 1895

Estate sworn under $10,500.00

(Written faintly on the right side of the above)
         3.75
           .50
         1.50 ???
         1.50 ???
         6.50 ???
         6.50 ???
         1.75
       22.00
??? 2.50
??? 6.50
       9.00