John Hiscock
          1900

Estate of John Hiscock 1900
From LDS Microfilm #2057448

A

I, John Hiscock, of number 10 Hayward Avenue, St. Johns, Newfoundland, declare this to be my last will and testament.
I devise and bequeath all my right, title and interest in the houses Nos 10, 12, 14 and 16 respectively and my interest in the land on which they stand situate on Hayward Avenue in trust for my son John Albert Hiscock for his sole use and benefit. I bequeath to him also, (my just debts being paid) whatever moneys may remain of a deposit note for Five hundred and ten dollars and all other moneys arising from rents or from any source whatever to which I may be entitled at

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my death. I bequeath to him also, all my household effects and whatever property I my be possessed of at the time of my death. And I hereby appoint Albert Hudson Martin, lumber merchant of St. Johns, Newfoundland, to have and control the use of all the income of the said property, for the benefit of my said son, John Albert Hiscock, until he attains the full age of twenty one years.
And the said Albert Hudson Martin, shall be entitled to and shall receive five percent per annum of the rental arising from the said house property as a remuneration for his service on this behalf. Any monies accruing annually, when in the opinion

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of the said Albert H. Martin all just claims upon the Estate have been satisfied shall be deposited in the Government Savings Bank for the benefit of my said son, John Albert Hiscock.
I hereby commit to the said Albert H. Martin, all title deeds deposit notes and Bank Books relating to this Estate, of all which he shall render a just account to my son John Albert Hiscock, when being of age, he shall be entitled to the same.
And I further direct that in the event of my said son John Albert Hiscock, dying unmarried or leaving no lawful widow or children, the said Estate and all interest in it shall revert without hindrance

Paage 4

or condition to the Rector and Church wardens for the time being of the Parish of Saint Thomas in this city to be disposed of by them as in their discretion they shall deem best to constitute a permanent endowment for the said Parish.
All the foregoing relates to my property in Saint Johns. I possess also a small piece of freehold land in Trinity, Newfoundland; this I also bequeath to my son John Albert Hiscock, and in the event of his dying unmarried or leaving no lawful widow or children, I devise that this piece of land situate in Trinity shall become the property of St. Pauls Church, Trinity

          Dated at St. Johns

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Newfoundland

          December 15^th 1899

Signed and delivered in the presence of

Henry Dunfield

George Hiscock

I hereby appoint the aforesaid Albert H. Martin my sole Executor.

Witness

Henry Dunfield
George Hiscock

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

          The Petition of Albert H. Martin of Saint Johns in the Island of Newfoundland Lumber Merchant.

Humbly Sheweth

1. That John Hiscock late of Saint Johns aforesaid, Seaman, died there on or about the 9^th day of March A.D. 1900 having previously made and executed his last will and testament which is hereto annexed marked "A" of which he appointed your petitioner sole executor.
2. That said deceased left him surviving one son, John Albert Hiscock, a minor.
3. That the said deceased was at the time of his death possessed of property within the jurisdiction of your Honourable court of the probable value of $2700.
4. That no probate of any will nor administration to the Estate of said deceased has been granted to any person.

          Petitioner therefore prays that probate of said will of said deceased may be granted to him.
          And as in duty bound he will ever pray etc.,
          Dated the 31^st day of March A.D. 1900

Albert H. Martin

Newfoundland
Saint Johns to wit
I Albert H. Martin of Saint Johns aforesaid Lumber Merchant make oath and say:-

1. That I am the petitioner named in the foregoing Petition.
2. That the several matters and things therein set forth and contained are correct and true.

Sworn at St. Johns aforesaid
this 31^st day of March 1900                                                  Albert H. Martin

Before me

Simon Butler
Comm'r, S.C.

In the matter of the
last Will and Testament
of John Hiscock late
of Saint Johns, Seaman
deceased.

Petition for Probate

Fiat
Geo. Morison
C.J.

Apl 2, 1900

Wood Kelly & Mews
Solicitor for Petitioner

(Written to the right of the above:)
2.50
1.25
1.50
  .75
1.25
1.25
8.50

NOTICE

After 3 days from the date hereon application will be made to the Honourable the Supreme Court of Newfoundland or to one of the Honourable the Judges thereof for Letters of Probate to the will of John Hiscock late of Saint Johns, Seaman, deceased, to be granted to Albert H. Martin of Saint Johns, Lumber Merchant, the Executor named in said Will.
          Dated the 28^th day of March A.D. 1900
Wood Kelly & Mews
Solicitors for Applicant
G.J.A.

          I hereby certify that the notice on the other side hereof written was posted in the office of the Chief Clerk & Registrar of the Supreme Court on the day of the date thereof and that no Caveat or other objection has been entered thereto.
          St. Johns April 2, A.D. 1900
W. J. Carroll
A.C.S.C.

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

NEWFOUNDLAND
Saint Johns   To Wit
I George Hiscock of Saint Johns aforesaid, Master Mariner, make oath and say that on the Fifteenth day of December A.D. One Thousand Eight Hundred and ninety nine at St. Johns, aforesaid, I was present and did see John Hiscock late of Saint Johns aforesaid, Seaman, the Testator named in the paper writing hereunto annexed marked A, duly sign (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in my presence and in the presence of Henry Dunfield, of Saint Johns - Clerk in Holy Orders, the other subscribing witness thereto. That I and said Henry Dunfield then and there signed our names to such Will as such witnesses, in the presence of the said Testator and of each other. That previously to the said Will being so signed as aforesaid, by the said Testator and the said witnesses, it was read over and approved of by the said Testator in the presence of me and the said Henry Dunfield, 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 at Saint Johns aforesaid                                                  George Hiscock
this 31^st day of March
A.D. 1900

Before me

D. M. Browning
Commissioner of Affidavits, Supreme Court

AFFIDAVIT
----------

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

NEWFOUNDLAND
St. Johns   To Wit          I Albert H. Martin of Saint John's aforesaid, Lumber Merchant do swear that I believe this to be the true Last Will and Testament of John Hiscock late of Saint Johns, Seaman, 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 John Hiscock, deceased, and of which he died possessed, do not, according to the best of my knowledge, judgment and belief, amount to the value of Twenty seven hundred dollars

So help me God

Sworn at St. Johns aforesaid
this 31^st day of March                                                            Albert H. Martin
A.D. 1900

Before me

Simon Butler
Commissioner of Affidavits, Supreme Court

1900

Estate of John Hiscock
late of St. Johns
Seaman deceased

Probate granted to
Albert H. Martin of St. Johns
in the Central District,
Lumber Merchant, the
Executor named in the Will

Dated April 5, 1900

Estate sworn under $ 2700.00

The Hon'r Jos. J. Little     Chief Justice
"  Geo. H. Emerson      Judge
"   D. Morison                 Judge

D. M. Browning
Actg. Chief Clerk and Registrar