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A Collection of Newfoundland Wills
(P)
Heber Pearce

 

Will of Heber Pearce
from Newfoundland will books volume 21 page 488 probate year 1952

(Will of Heber Pearce.)

TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND OR ONE OF THE HONOURABLE JUDGES THEREOF.

THE PETITION of Arthur Pearce, of St John's, in the Province of Newfoundland in the Dominion of Canada, Arthur and Maxwell Pearce, of the same place, Salesmen, by their Solicitors, PINSENT & PINSENT,HUMBLY SHOWETH that:-

  1. Heber Pearce, of St. John's, aforesaid, Retired Clerk, died at the said place in the 12th day of May A.D. 1952 having previously made his last Will and Testament whereof he appointed Your Petitioners the Executors and Trustees thereof.
  2. The said Deceased at the time of his death left him surviving his widow, Annie Pearce, and the following children, namely:- Daniel, George Pearce, Lucretia Kelligrew, Jessie Benson, Lydia Sainsbury, and Your Petitioners.
  3. The said Deceased at the time of his death left property situate within the jurisdiction of this Honourable Court.
  4. The paper writing hereto annexed marked "A" is the last Will and Testament of the said Deceased, proven upon the affidavit of Earl S. Pinsent, one of the subscribing witnesses thereto.
  5. The paper writing hereto annexed marked "B" is a correct and true inventory and valuation of the estate and effects of the said Deceased, at the time of his death, so far as Your Petitioners can at present ascertain.
  6. Neither Letters of Probate to any Will nor of Administration to the estate and effects of the said Deceased have been granted out of this Honourable Court to any one.

   Your Petitioners, therefore, pray that this Honourable Court or Your Lordshiip may be pleased to grant to them Letters of Probate of the last Will and Testament of the said Deceased.
   And, as in duty bound, will ever pray etc.
Dated at St. John's, this 26th day of May, A.D. 1952
E.S. Pinsent
PINSENT & PINSENT
PETITIONERS' SOLICITORS.

NEWFOUNDLAND
ST. JOHN'S    S.S.
I Arthur Pearce    , of St. John's, in the Province of Newfoundland, in the Dominion of Canada,   , make oath and say as follows:-
1. That I am one of the Petitioners named in the forgoing Petition. 2. That the several matters and things therein contained are correct and true to the best of my knowledge and belief.

Arthur Pearce
SWORN at St. John's this 26th day of May, A.D. 1952 before me:

??? Sterling?
COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF NEWFOUNDLAND.

"A"

THIS IS THE LAST WILL AND TESTAMENT of me HEBER PEARCE, of St. John's in the Province of Newfoundland, in the Dominion of Canada, Retired Clerk.
FIRST - I revoke all former Wills and Testamentary dispositions by me at any time made and I appoint my sons Arthur and Maxwell the Executors and Trustees of this my will.
SECOND - I give and bequeath all my property of whatsoever nature and wheresoever situate to my said Executors and Trustees TO HOLD the same IN TRUST to pay the income dividends and profits arising therefrom to my dear wife Annie during her lifetime. Realizing the income derived from my estate will not be sufficient for the proper support of my said wife I direct that my Executors and Trustees may in their sole discretion pay from the capital of my estate such an amount or amounts as they may consider necessary from time to time for the proper support and maintenance of my said wife. My Executors and Trustees may, if necessary, sell or mortgage my dwelling house in order to provide sufficient funds for the proper support of my said wife.
THIRD- On the death of my said wife I give and bequeath whatever then remains of my estate to be divided in the following proportion, namely: to my son Daniel I give and bequeath one-fourteenth part, and the remaining thirteen fourteenths to be divided equally between my following children, namely: George, Lucretia Kelligrew, Arthur, Maxwell, Jessie Benson, and Lydia Sainsbury.
IN WITNESS WHEREOF I have hereunto set my hand at St. John's this 16th day of July in the year of Our Lord One thousand Nine hundred and Fifty-one.
Heber Pearce
SIGNED by the Testator as and for his last Will and Testament in our presence, who in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
Marjorie Sterling
E.S. Pinsent

Oath of Executor IN THE SUPREME COURT OF NEWFOUNDLAND
In the Estate of
Heber Pearce Deceased.
I Arthur Pearce of St. John's, in the District of St. John's in the Province of Newfoundland, make oath and say that Heber Pearce late of St. John's, in the District of St. John's Retired Clerk deceased, died with a Will, and that I am an Executor therein named; that I will well and faithfully administer the estate and effect of the testator by paying his just debts and the legacies contained in his Will so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testator, and render a just and true account whenever required by law to do so; that the testator died at St. John's on the 12th day of May, one thousand nine hundred and fifty-two; and that the gross value of the estate and effects of the said testator is ten thousand nine hundred and two 84/100 dollars, and no more, according to the best of my knowledge, information and belief.
Arthur Pearce.
Sworn at St. John's on 6th day of May June A.D. 1952 before me
??? Sterling??
Clerk

PROOF OF WILL       David R. Thistle, King's Printer
IN THE SUPREME COURT OF NEWFOUNDLAND
In the Estate of
Heber Pearce Deceased.
I Earl S. Pinsent of St. John's, in the District of St. John's in the Province of Newfoundland, Solicitor make oath and say that on the 16th day of July A.D., One thousand nine hundred and fifty-one, I was present and did see Heber Pearce late of St. John's in the district of St. John's, in the Province aforesaid, Retired Clerk, the Testator named in the paper writing hereunto annexed, marked A, 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 Marjorie Sterling the other subscribing witness thereto.. That I and said Marjorie Sterling then and there signed our names to such Will as such Witnesses, in the presence of the Testator. And that at the time of the said execution of the said Will of the said Testator was of sound and disposing mind, memory, and understanding to the best of my belief.
E.S. Pinsent
Sworn at St. John's on the 26th day of May A.D. 1952, before me
??? Sterling??
Clerk

Oath of Executor IN THE SUPREME COURT OF NEWFOUNDLAND
In the Estate of
Heber Pearce Deceased.
I Maxwell Pearce of St. John's, in the District of St. John's in the Province of Newfoundland, make oath and say that Heber Pearce late of St. John's, in the District of St. John's Retired Clerk deceased, died with a Will, and that I am an Executor therein named; that I will well and faithfully administer the estate and effect of the testator by paying his just debts and the legacies contained in his Will so far as the same shall thereto extend and the law bind me, and by distributing the residue (if any) of the said estate and effects according to law; that I will exhibit under oath a true, full and perfect inventory of all and singular the estate and effects of the testator, and render a just and true account whenever required by law to do so; that the testator died at St. John's on the 12th day of May, one thousand nine hundred and fifty-two; and that the gross value of the estate and effects of the said testator is ten thousand nine hundred and two 84/100 dollars, and no more, according to the best of my knowledge, information and belief.
Maxwell Pearce.
Sworn at St. John's on 6th day of June A.D. 1952 before me
??Robert???alsop?
Clerk

B
Inventory and Valuation
Estate of Heber Pearce
Land houses &c., 6600.00
Household Goods 1000.00
Bank and other stock 2.00
Cash in bank 3300.84
Total     $10,902.84

OATH OF EXECUTOR
Probate granted to Arthur Pearce
and Maxwell Pearce
on the 6th day of June
A.D. 1952
Value of Estate $10,902.84

Vol. 11- Folio 326

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written 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. 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.

Page Contributed & Transcribed by Judy Benson (granddaughter)

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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