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A Collection of Newfoundland Wills
(C)
Frederick Collier

 

Will of Frederick Collier
from Newfoundland will books volume 17 page 418 probate year 1938

 

In the Supreme Court


In re

Estate FREDERICK COLLIER, late
of St. St. John's, Retired,

          deceased


OATH OF EXECUTOR


Probate granted to Alice Maud
Cumming

On the 21st . day of March
A.D., 1938


Value of Estate $ 10, 253.37


Volume 9

Folio 528

 

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

The Petition of ALICE MAUD CUMMING of St. St. John's , Widow

HUMBLY SHEWETH – that,

  1. Frederick Collier, late of St. John's, Newfoundland, Retired, deceased, died at that place on or about the 30th day of January A. D. 1938, having previously made his last Will and Testament wherein he appointed Your Petitioner, the Executrix thereof.

  2. The said deceased at the time of his death left him surviving as next-of-kin one brother, Samuel G. Collier, and an adopted daughter, Your Petitioner.

  3. The said deceased at the time of his death was possessed of property within the jurisdiction of this Honourable Court of the probable value of $10, 253.37.

  4. The paper-writing hereto annexed marked "A" is the said last Will and Testament of the deceased upon affidavit of Robert G. MacDonald, 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 Petitioner can at present ascertain.

  6. Neither Probate of any Will nor Letters of Administration to the Estate of the said deceased have been applied for by or granted to any person.

          Your petitioner therefore prays that this Honourable Court or Your Lordship shall be pleased to grant to her Letters of Probate of the said last Will and Testament of the said deceased,
          And Your petitioner, as in duty bound, will ever pray, etc.
          Dated at St. St. John's , this 19th day of March, A. D. 1938.

Alice M Cumming LS          

Written in the left margin
Fiat
March 19/38 ???J Higgins  J

 

"A"

St. John's Newfoundland

I Frederick Collier of this City retired,
do declare the following to be my last
Will and Testament.

First, in consideration of the care
and attention shown to me by my
adopted daughter Alice Maud Cumming
wife of George Cumming, I give, devise,
and bequeath all my Land, with
all erections thereon, and with all
contents therein situated on the
Road, leading to Portugal Cove, at
present known as "Torquay".
     Also leasehold interest in land with
dwelling house thereon situated on the
West side of Victoria Street , this city
& at present occupied by one J. Inkpen.
     Also my leasehold interest on land
with dwelling houses, one, on the South
side of Beaumont Street , now occupied
by one Alcock. One on Power Avenue
off Signal Hill Road , occupied by
J. Collins. Also one, on the East side
of Hayward Avenue , & occupied by
Herbert Ash.
     Also my interest in piece of Land
& building thereon lately used as Stable
the freehold of which being owned by
me and George Cumming in equal parts.
     I also give her any interest I may have in
Land, with dwellings thereon numbers 53, 55, & 76
Cabot Street lately held under Lease from
Williams Estate which lease has now
expired and awaits renewal.

I also give to the foresaid Alice M.
Cumming
, my leasehold interest
in land with dwelling, thereon situated
on Collier Lane & now occupied by
William Hammond, with the wish
that she pay out of the profits thereof the
sum of Fifty Dollars, to my friend
Edwin Makes? Hamlyn of Kent England.
to be paid as most convenient to her.
     With regard to my Freehold Land with
dwelling thereon situated on the East
side of Quidi Vidi Road, No. 116, now
occupied by Roberts, it is my will
that said Alice M Cumming, have &
enjoy the same for & during her life
time, but in the event of death, before
her youngest child, come to the age of
Twenty three years, the profits from the
said property, may be devoted to the
Education, or keep of her children
until that time. And at such time, if
there be either male descendant of my
nephews Eric or Charles Collier or
if more than one, then to the first born
I give the Freehold forever; but if
there be no male Collier descendant, at
such time, then the said Property to
revert to my Estate, the said Estate
to pay to pay to the Trustees of the Church
of England Orphanage the sum of
Five Hundred Dollars, to be devoted
to a Collier fund, to help defray
expenses of  ????? of ???????.

With regard to the Forest Road
Property now occupied by myself
it is my will that this also be held
and enjoyed by Alice Maud Cumming
for her lifetime, together with the
Cottage situated thereon & now occupied,
G. Peircey and after her death I give
I give and bequeath the whole to my nephew
Eric Collier or his children, or Son
if having one, but if Forest House be
occupied by Alice Cumming & her
family at the time of her death, it
is my wish, that the family may still
continue to occupy the same for twelve
months if they so wish to give them
time to make other arrangements.
     And further with regard to this property
as it has been in the family of my
late mother for seven generations, it
shall not be Sold, Morgaged, Exchanged,
or conveyed in any way, from the ????
????? of said family for ever.
     To Eric Collier, Charles Collier,
Mabel Bastow, & Gladys Grant I give the
piece of land on the West side of Quidi
Vidi Road (once part of Wm. Carnell Estate)
in four equal shares.
     To my brother Samuel G Collier, I give
large family Bible (Carnells) The Gold Ring
& Clasp, Gold Watch ?? & Silver Spectacles all
All formerly belonging to Mother's Great Grandfather Judge
Gill. Also 4 silver spoons & ??? Tongs & old satin
needle work, belonging to late Mother

Lastly, together with all other bequests
to Alice Maud Cumming, I give devise
and bequeath to her all remaining
properties, furniture, and effects, money
or all whatsoever or wheresoever real
or personal remaining after payment
of all just dues, debts, or demands what-
soever on my Estate, and I do hereby
appoint the said Alice M Cumming
be the sole Executrix of this my last
Will and Testament, giving her full
authority to do & dispose of my Estate
where not otherwise directed, how & as she
may think fit. In the event of the death of
Alice M Cumming not leaving any children
or not having made other disposal of any
bequests to her made, she having full power to
do so, the same will revert to my Estate.
In witness of the before written as
my last Will and Testament, I hereby
subscribe my name.
               Fredk Collier LS

Signed and declared by the fore
said Frederick Collier, as, and for
his last Will & Testament, in our presence
at whose request and in whose presence
and in the presence of each other, we
have hereunto subscribed our names
as witnesses.

  Fredk Collier LS
                 Robert G MacDonald LS
Jesse Gruchy LS

Dated this Third day of December
      A.  D. One thousand and Nine Hundred
      and Thirty five, at St. John's Nfld.

 

 

Note: This will is a six page item obtained from the Newfoundland Supreme Court in April 2005.

Frederick NEVER married yet had an adopted daughter Alice Maud Cumming, wife of George Cumming from Scotland.

Frederick Collier was born May 25, 1856. He was a son of sail maker Charles Frederick Collier from Dartmouth, England and Sarah Anne Carnell, daughter of John Carnell and Hannah Gill Harris. Hannah was a grand daughter of Judge Nicholas Gill.

Samuel George Carnell Collier was a brother of Frederick Collier.

Other names also mentioned in the will:
William Carnell, brother of his mother Sarah Anne Carnell.
Eric Harold Collier, son and only child of brother Nicholas James Collier and his wife Ellen Louisa Pack. Eric survived the Florizel disaster.
Charles Frederick Collier, grandson of brother John William Collier. The parents of Charles were Frederick William Collier and Mary Catherine ????.
Charlotte Mabel Bastow was a daughter of Samuel George Carnell Collier and his wife Charlotte Augusta Wilkie. Mabel married Hugh Alan Bastow, son of Marldon Allan Bastow and Fanny Jane Atwell.
Gladys Grant was the daughter of Frederick Charles Grant and Laura Wilkie Collier, daughter of Samuel and Charlotte Collier.
Judge Gill was Nicholas Gill, one of the three sons of Captain Michael Gill, who traded from Charlestown, Massachusetts. His father had fought an historic battle against the French at Bonavista in 1704. Nicholas served as a Justice of the Peace from 1771. He was a naval officer, notary public and a judge of the vice-admiralty court. In his later years he was Chief Magistrate of St. St. John's.

Page Contributed by Geoff Martin

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

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