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Part 1 - Contributed & transcribed by Judy Oldford
Will of Richard Ivory
St. John's, Nov. 13, 1882
In the name of the Father, Son, and of the Holy Ghost, Amen.
I Richard Ivory of St. John's, Newfoundland now weak in body though strong in mind do hereby dispose of my worldly possessions in the following manner ????.
I will and bequeath to my beloved wife Joanna should she survive me all my property whether money or chattels of any description to have and to hold during her life. I also will that after my wife's decease that the house which I now occupy free of all encumbrances be given to my God-child, Ellen Walsh. Now as I understand in the United States of America .
I also wish that my house on Military Road should be set apart after my wife's death and provisions made from the proceeds to have an annual High ???? and office for the repose? of the souls of myself and my wife and that the balance if any may be given for private ??? or other charitable purposes.
I also will that if my wife should survive me more than one year that the sum of 10 pounds yearly be given from the proceeds or rents of the house on Military Road to have ????? offered for my own soul and the souls of my deceased relatives.
I entrust the execution of this my last will in respect of having the masses faithfully performed to the administrator of the R. C. Catheral for the time being.
In testimony of this being my last will and testament I have set my hand and seal.
R. Ivory (his mark) not visible
St. John's Supreme Court of Newfoundland
William Walsh of St. John's in the central district, Dealer maketh oath and saith that on the thirteenth day of November A. D. one thousand eight hundred and eighty two at St. John's aforesaid he, this deponent, was present and did see Richard Ivory late of St. John's Dealer the Testator named in the paper writing hereunto annexed duly sign, (by making his mark) publish and declare the said annexed paper writing as and for his last Will and Testament, in the presence of this Deponent and of the ??? William Forrestall the other subscribing witness thereto. That Deponent and said ???? William Forrestall then sighed their names to such Will as such witnesses, in the presence of the said Testat or and of each other- That previously to the said Will being so signed as aforesaid, by the said Testat or and the said witnesses, it was read over to, and approved of by, the said Testat or in the presence of Deponent and the said ?????? William Forrestall and that at the time of the said execution of the said Will the said Testat or was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.
Sworn before me at William Walsh
After three days from the date hereof application will be made to the Honourable the Supreme Court or to one of the Honourable the Judges thereof for Probate of the Will of Letters of Administration with the will annexed of the Estate and effects of Richard Ivory formerly of St. John's, Dealer, deceased to be granted to Joanna Ivory, his widow.
Dated at St. John's, this 5 day of January Anno Domini 1883.
Unable to read initials Little & Kent
I hereby Certify that the Notice on the other side hereof written has been posted in my Office from the day of the date thereof to this date and that no Caveat or other objection thereto has been filed or entered. Dated at St. John's this 10 day of January Anno Domini. 1883.
F. J. Wood
Estate of Richard Ivory
Supreme Court of Newfoundland
To Wit. I do swear that I believe that Richard Ivory, late of St. John's aforesaid Dealer deceased, died with a Will; and that I will and truly administer all and every the Good of the said deceased and pay his debts, so far as his Goods will extend; and that I will exhibit a true, full and perfect inventory of the said Goods of the deceased and render true accounts of my Administration into the Registry of the said Court, within six months from the date hereof or when I shall be thereunto lawfully required; and that the whole of the goods, rights, chattels, assets, credits and effects of the said deceased which he died possessed of, within the jurisdiction of this Court, do not, according to the best of my knowledge, judgment and belief, amount to the value of Two Thousand Two Hundred dollars.
Sworn before me, at St. John's, the 12 day of
F. J. Wood
Cannot read remainder of entry
Little & Kent
Supreme Court Probate side
Joanna Ivory of St. John's, widow the petitioner in the foregoing petition in this matter named, maketh oath and saith that the several matters and things in the said petition set forth are just correct and true her sworn before me at St. John's
this 10 day of January A.D. 1883
To the Honorable Sir Frederick B. J. Carter K. C. M. G Chief Justice. the Honorable John Hayward or the Honorable Robert J. Pinsent, D. C. L assistant judges of the Supreme Court of Newfoundland.
The Petition of Joanna Ivory of St. John 's in the said Island, Widow.
That Richard Ivory formerly of St. John's aforesaid Dealer died there on or about the fifteenth day of December last having first made and executed his last will and testament as hereto annexed and which will has been moved in common form.
That said Testator died possessed of property situate within the jurisdiction of this honorable court of the probate value of about two thousand dollars.
That he left him surviving petitioner who is his widow but no children. That in and by his said last will and testament he names no executer thereof. That no probate or administration to the estate of said deceased has been hither to granted. Petitioner therefore prays that administration with the said will annexed to the estate of her said deceased husband may be granted unto her and as is duly bound she will ever pray XXX
Dated at St. John's this ninth day of January A. D. 1883.
Little & Keat
Supreme Court of Newfoundland
Be it remembered, That on this Twelfth day of January in the forty sixth Year of the Reign of our Sovereign Lady Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and ??? and in the Year of Our Lord One Thousand Eight Hundred and Eighty three personally appeared Joanna Ivory, Widow, William Walsh and John Walsh Dealers all of St. John's in the Central District and did acknowledge themselves to be held and firmly bound to our said Lady the Queen, Her Heirs and Successors, in the penal Sum of Four Thousand four hundred Dollars to be had, made and levied on their Goods, Chattels and Effects, jointly and severally, if Default is made in any of the conditions following:
Now the Condition of this Obligation is such, that if the above bounden Joanna Ivory as Administria, can testament to annexo, of the Estate and Effects of Richard Ivory, late of St. John's aforesaid Dealer, deceased, do make or cause to be made, a just, true, and perfect inventory of all and singular the Goods, Credits and Effects of the said deceased, which have or shall come to the hands, possession, or knowledge of her the said Joanna Ivory
As such Administrative or to the hands or possession of any other person or persons for her and the same so made do exhibit or cause to be exhibited, in the Supreme Court of Newfoundland, at or before the 12 day of July next ensuing the date hereof; and the said Goods, Chattels, Credits and Effects, and all other Goods, Chattels, Credits and Effects of the said deceased, at the time of his death, or which at any time afterwards shall come into the hands or possession of her the said Joanna Ivory or to the hands or possession of any other person or persons for her shall well and truly administor according to Law, and further shall make, or cause to be made, a just and true account of her said Administration, on or before the 12 day of January which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty Four and afterwards from time to time as she shall be lawfully required. And all the rest, residue and remainder of the said Goods, Chattels, Credits and Effects, which shall be found remaining upon the said Administration Account, the same being examined and allowed by the said Supreme Court of Newfoundland, shall and do pay and dispose of in due course of Administration, or in such manner as the said Court shall direct; then this obligation to be void and of no effect, or else to be and remain in full force and virtue.
Signed and Sealed
In presence of
F. J. Wood
Part 2 - Contributed by Judy Benson as part of the wills project
Will of Richard Ivory from Newfoundland will books volume 4 pages 224-225 probate year 1882.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Part 1 - Contributed & transcribed by Judy Oldford
Part 2 - Contributed by Judy Benson
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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