William Humphries
          1887

Estate of William Humphries 1887
From LDS Microfilm #2057238

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

ST. JOHN'S, }
                      }     I do swear that I   believe that William Humphries
To Wit.          } late of Greenspond in the Northern District Planter deceased, died with      a Will; and that   I   will well and truly administer all and every the Goods 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 a true account 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 one thousand   one hundred          dollars.

Sworn before me, at St. John's, the 11^th day of }
November in the year of Our Lord One Thousand }          Christine Jane^herX_markHumphries
Eight Hundred and Eighty-seven/ having          }
first been read and explained /
                    Otto Emerson
                    Commissioner of Affidavits.

(trifold page)

1887

Estate of
William Humphries
late of
Greenspond
in the Northern District
Planter deceased

Dated Nov. 23^rd 1887
-------------------------

Admin     granted to
Christine Jane Humphries of
Greenspond widow of dec^d

Sureties John Macdonald and
Samuel ??

Estate sworn under
$ 1100
$

In the Supreme Court
Probate Side

In the matter of the Estate and
alleged will of William Humphries
late of Greenspond Fisherman
deceased

   William Howe. Sw??

          In December 1883 I drew up a will for one William Humphries at his request he being ill and confined to his bed at the time. I wrote out the various bequests as directed by him. and it was afterwards read over to him. It was read over to him in the presence of his wife and myself. ????? ???? I am not certain whether there was anyone else present when I read it over I am not certain that the witnesses to the will was not present at the time of its being read. Robert Humphries and Thomas Humphries were the witnesses to the will. I have an indistinct recollection of something being said, by Robert Humphries^{about the time the will was made} in regard to a clause in the will in reference to a bequest to the wife, but I am not certain when this took place. I do not remember whether Thomas Humphries was present or not but I think not. After it was ? ??? by ?? the Testator signed it : he could not write- he made his mark. Robert and Thomas and myself were present at the signing. The three of us were present when he signed it: and afterwards the three of us subscribed our names as witnesses in the presence of each other and in the presence of the testator. The testator was of perfectly sound mind memory and understanding at the time. The only thing I am doubtful

Page 2

about is the presence of Robert and Thomas Humphries while the will was being read. I got instructions in the room and I drew up the will there and then in the presence of the testator. After I drew it up I can't say what I did with it. (Will put in marked A)

Cross. Examined by M^r Morison
The will ?? ?? in the bedroom of the testator. The mark of the testator and the signatures of the witnesses Robert Humphries , Thomas Humphries and myself was read without any of ? us leaving the room. The signature George ??ges was not made then nor while the Will was in my possession

Taken and sworn before me }
at St John's in the Island of   }                                        William How .
Newfoundland this 9^th day  }
of July AD 1887
          W ?. Howard
               Examiner
Robert Humphries Sworn
          I remember the making of the Will of my father^brother William Humphries. I was present in the room when M^r Howe made the Will. ?? property ?? ?? ?? was not will was ?? to my brother. My brother Thomas was not present when the Will was read over. At the making or the reading of the will. I am^not sure ?? which. there was something belonging to Mary Green which my brother was going to leave to his wife that I objected to^{(?? – full line is undecipherable)} If the will was read over immediately after it was made then it was at the reading. I signed the will as a witness. M^r Howe was in the room all the time

Page 3

Cross . Examined.
          I am not certain whether Thomas was present at the reading but he was present at the signing by the testator. I mean by the making of the will when my brother was letting M^r How what to write. M^r Howe would write according as he told him. The Will was read over to my brother in my presence and the ???M^r Howe presence. I ?? M ?? ?? read over in Thomas's presence. There were only those of us present I think. I am not safe in saying whether his wife was present: It was read over before my brother William put his mark to it: M^r Howe. Thomas and I all signed in the room in the presence of each other and of the testator.

Re Examined
          I am certain that I was present when the will was read over to the testator.

Taken and sworn before me
at St John's in the Island of ,                                        Robert Humphries
Newfoundland this 9^th day
of July A D 1887
                    W. ?. Harwood
                          Examiner
Rev. William How Sw?, being recalled days            ?? ??ing ?? ?? ?? Robert Humphries and having the circumstances called to his ("his written on top of something that appears to end with the letter "y") mind by his testimony I am prepared to say that Robert Humphries the witness was present at the making reading over and signing of the will with ?? the testator and myself
Taken and sworn before me
at St John's in the Island                                                  William ??
of Newfoundland this 9^th day
of July A D 1887
           ?.? Horwood
                 Examiner

(trifold page)

Supreme Court
Probate Side

In the matter of the
Estate and Will of
William Humphries
late of Greenspond Fisherman
deceased

Filed July 9 : 1887
The Examination of William
Howe and Robert Humphries in
Proof of the will.

In the Name of GOD Amen                              "A" (initials undecipherable)

I William Humphries Fisherman of Greenspond, Bonavista Bay Newfoundland being of sound mind and understanding do hereby make my last will and testament.
          First I commit my body to the ground and my soul into the hands of its Creator .
          Item   I give and bequeath to my wife Christina Jane Humphries all my personal effects in bed & bedding ??t?? bedstead , four pictures , half a dozen chairs, some Crockery ware now on Newell's Island, once belonging to my mother , a trunk , for her own sole use and benefit.
          Item   I give and bequeath to my said wife Christina Jane one looking glass for her own sole use and benefit .
          Item   I give and bequeath to my brother Robert Humphries , one suit Black Cloth Clothes,
          Item   I give and bequeath to my brother Thomas Carter Humphries , one suit of Tweed Clothes
          Item   I give and bequeath to my uncle William Carter the remainder of my personal clothing and one gun
          Item   I give and bequeath to my nephew Thomas , son of my brother Robert Humphries, my regalia as a member of the Society of United Fishermen .
          Item   I give and bequeath to my said wife Christina Jane my watch
          Item   I give To my wife Christina Jane , I hereby bequeath , that out of my share of the property of our family or any share I may have therein , she shale be paid by my

Page 2

brothers , there heirs and successors, sufficient food and clothing and a domicile , so long only as she remains unmarried, and resides on the room .
          Item   I give and bequeath whatever I may be possessed of at my death , under the will of Mary Green of Newell's Island to my wife Christina Jane for her sole use & benefit .
          Item   I give and bequeath to my said brother Robert Humphries . a writing desk now in the possession of the aforesaid Mary Green
          Item I hereby appoint George Edgar the Sole Executor of this Will

Witness my hand          }
this thirtieth day of        }                                        William
December in the Year   }                                         Humphries
of our LORD , one thousand }                                        X
Eight hundred and Eighty-three }                               his mark

Signed in our presence        }
who have hereunto put ??? }                                   William How .
hands , this thirtieth day      }                                   Robert Humphries
of December in the Year     }                                   Thomas C Humphries
Eight hundred and Eighty three }                            George Edgar

In the Supreme Court

In the matter of the Estate
and will of William
Humphries late of
Greenspond Fisherman
Deceased

Newfoundland }
St Johns to wit }          George Edgar of Greenspond          at present of Saint John's Dealer maketh oath and saith that in and by the last will and testament of the said William Humphries deceased deponent was appointed executor thereof. That the said will whereto annexed. That deponent has not in any manner intermeddled with the affairs of the estate of said deceased and is desirous of renouncing and does hereby renounce all right and claim to the said office of Executor

George Edgar

Sworn before me at  }
Saint Johns this 12^th}
day of ?ember AD    }
1886

Geo.I.Adams}
Comm^r S.C.

(trifold page)

Supreme Court

In the matter of the
Estate and will of
William Humphries late
of Greenspond Fisherman
deceased

Aff?. of Executor

 Filed July 9 : 1887

In the Supreme Court
Probate Side

In the matter of the Estate          }
And alleged will of William       }
Humphries late of Greenspond }
Fisherman deceased                    }

          The Answer of Robert Humphries and Thomas C. Humphries to a citation in the matter of the above Estate at the Instance of Christina Jane Humphries claiming as widow of the said William Humphries deceased

First   We require proof of the alleged will

Second   We claim administration to the Estate of the late William Humphries because the only bequest now remaining unadministered in the said will is the bequest to the said promovent?, widow of deceased of property in which she has only a conditional and contigent annuity the said property being in the possession of us

St.Johns Newfoundland
The Third day of December AD 1886
Robert Humphries
Thomas C. Humphries
By Geo LeMessurier the Attorney?

(trifold page)

Supreme Court
Probate Side

In the matter of the
estate and alleged
will of William Humphries
late of Greenspond
Fisherman deceased
--------------------

Answer of Robert
Humphries & Thomas
C Humphries
--------------------

Filed 3^rd Dec . 1886
------------

LeMessurier
----------

In the Supreme Court
Probate Side

In the matter of the
Estate and alleged will
of William Humphries
late of Greenspond
Fisherman deceased

                              At the instance of Christina Jane Humphries claiming as Widow of the said William Humphries deceased, It is ordered that Thomas Humphries and Robert Humphries both of Greenspond Fishermen, brothers of said deceased to show cause if any they have why Administration with the alleged will annexed of the estate of said deceased should not be granted to said Christina Jane Humphries or failing proper and legal proof of the said alleged will why Administration of the estate of said deceased should not be granted to Christina Jane Humphries by filing in the Registrars office and serving on the said Christina Jane Humphries or her Proctor an answer containing the grounds upon which they resist such grant within four days after the service of this citation, otherwise the claim of the said Christina Jane Humphries will be taken to be admitted by them

Dated at Saint Johns this
??tieth day of November AD. 1886
Donald Morison                                              By the Court
Proctor for said                                                  Prescott Emerson
Christina Jane Humphries

(trifold page)

SupremeCourt
Probate Side

In the matter of the
estate and alleged
will  of William
Humphries late of
Greenspond Fisherman
deceased
--------------------

Citation
--------------------

Filed Nov 29/86

Morison

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

(in left margin: 1 fill up) Be it Remembered, That­ on this          fifteenth          day of  November
(in left margin: date)          in the Forty   fifty first 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, &c., and in the Year of Our Lord One Thousand Eight Hundred and Eighty- seven     personally appeared Christina Jane Humphries
(in left margin: 2. Fill up names) of Greenspond widow, John Mcdonald
(in left margin: and occupations) Medical Practitioner, and Samuel Daw
(in left margin: of two sureties) Deputy Sheriff 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 Two thousand          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 Christina Jane Humphries          as Administratrix          of the Estate and Effects of William Humphries          late of Greenspond Planter 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 Christina Jane Humphries as such Administratrix          or to the hands or possession of any person, or persons, for
(in left margin: 3. fill up)   her          and the same so made do exhibit, or cause to be exhibited, in the Supreme Court of
(in left margin: date 6 months) Newfoundland, at or before the          Fourth          day of          May          next ensuing the
(in left margin: after date) date hereof ; and the said Goods, Chattels, Credits and Effects, and all other the Goods, Chattels,
(in left margin: of Bond) 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 Christina Jane Humphries or to the hands or possession of any other person or persons for          her shall well and truly administer according to Law, and further shall make, or cause to be made, a just and true account of her
(in left margin: 4 fill up) said Administration, on or before the          fifteenth          day of     November
(in left margin: date 12) which will be in the Year of Our Lord One Thousand Eight Hundred and Eighty-     Eight      and
(in left margin: months after) afterwards from time to time as   she    shall be lawfully required.  And all the rest, residue, and
(in left margin: date of Bond) 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 Newfoundlandland, shall and do pay and dispose of in due course of Administration, or in such a mannner as the said Court shall direct ; then the obligation to be void and of no effect, or else to be and remain in full force and virtue.

                              Christina Jane^herX_markHumphries (circle shaped stamp)

Signed and Sealed          }
in presence of                 }
having first been read                           John Macdonald (circle shaped stamp)
and explained
R. P. Rice                                             Samuel Dew Deputy Sheriff (circle shaped stamp)
Commifioner of Affidavits
Supreme Court

Notice

After three days application will be made to the Hon^ble the Supreme Court
or one of theJudges thereof for Letters of Administration of the estate of William Humphries, late of Greenspond, Planter, Deceased, to be granted to Christina Jane Humphries, Widow of said deceased
          S Johns October 26^th 1886
                    WinterMorison
OE.             Proctor for Widow
                    of deceased

I certify that the notice on the other side hereof written was posted in my office on the day of the date thereof and has remained there until this day and that no caveat or other objection has been entered thereto
          St John's November 11, 1886

Geo. I. Adams
A.J.S.C.

To the Honourable the Supreme
Court or one of the Judges thereof

The Petition of Christina Jane Humphries of Greenspond Widow

Humbly Sheweth

          That William Humphries late of Greenspond, Planter, died at that place in the month of January AD. 1884

          That said deceased left him sur-viving your Petitioner his Widow but no Children and two brothers, Robert and Thomas, residents of Greenspond aforesaid

          That said deceased at the time of his death was possessed of property of the probable value of one thousand-------------------- dollars.

          That your Petitioner is informed and believes that there is a paper writing----- purporting to be a last Will of the said deceased in the possession of Mr. George Edgar of Greenspond, aforesaid, the alleged Executor thereof but the said George Edgar has not taken any steps toward obtaining Probate thereof and Your Petitioner is not aware whether the said document is a valid Will of said deceased or not.
                              Your

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          Your Petitioner therefore prays that the said George Edgar may be ordered to answer whether he is in poss-ession of the said alleged document or any document purporting to be a last Will of said deceased ; and if he be to produce and bring the same into this Honourable Court for Probate thereof, or for such further order as to your Honourable Court shall deem meet. And that in default of Probate of the said alleged document, or of any other paper writing, as a last Will of said deceased Letters of Administration of the Estate of said deceased may be granted to Your Petitioner .

          And Petitioner as in duty bound she will ever pray etc .
          Dated at Greenspond this ninth          day of November AD.1886

Christina Jane^herX_markHumphries

In the Supreme Court

Newfoundland      }
Greenspond to wit }
          Christina Jane Humphries          of Greenspond Widow maketh oath and      saith that she is that Petitioner named      in the foregoing Petition and that      the matters and things therein con-      tained are correct and true

Sworn before me at          }
Greenspond aforesaid       }     (written very faintly) Christina Jane Humphries)
this 9^th day of November }                              Christina^herX_markHumphries
AD. 1886 - after                }
having been read over and }
explained                            }

R.P. Rice
Commifsioner of Affidavits
Supreme Court

(trifold page)

In the matter of
The estate of

William Humphries
late of Greenspond
Planter, deceased

================

Petition of Christina
Jane Humphries
Widow for Adminis
tration, or for the
Production &c of
Will
================

Thi? ?? ?? ? ?? ?-
?? with this application and
?? has no ?? for departing
I am the ?? ?? of ??
?/ ?? late ?? to the
?? ??

Fiat ??? Carter
A.J.?