Mary Sclater
          1888

Estate of Mary Sclater 1888
From LDS Microfilm #2057239

Newfoundland
In the Supreme Court

AFFIDAVIT
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You shall swear that you believe this to be the true Last Will and Testament of Mary Sclater late of St. John's in the Central District deceased wife of ??? ?and Sclater of St. John's aforesaid Merchant. You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you: and that you will exhibit a true, full 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 you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits and Effects of the said Mary Sclater Deceased, and of which she died possessed, do not according to the best of your knowledge, judgment and belief, amount to the value of Eight thousand dollars

So help you God

David Sclater

Sworn before me at St. John's
this third day of April A.D. 1888

Prescott Emerson
Commissioner of Affidavits, Supreme Court

1888

Estate of Mary Sclater
late of St. Johns
in the Central District
Married woman deceased

Dated 3^rd April 1888

Admin granted to David Sclater
the Executor named in the Will

Estate sworn under
          $8000.00

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

The Petition of David Sclater of St. Johns Marchant

Humbly Sheweth

That Mary Sclater wife of Petitioner was possessed of certain real and personal Estate to her sole and separate use.
That said Mary Sclater died on the twenty first day of March instant having made and published her last Will and Testament hereto annexed in respect of her said sole Estate by which Will your Petitioner was appointed Executor.
That the value of the Estate of said Testator does not exceed Eight Thousand Dollars
That no Probate of Administration has been heretofore granted or applied for in said Estate
Your Petitioner therefore prays that Probate to the Will of the said Mary Sclater may be granted to him.

David Sclater

Newfoundland }
St. Johns           } David Sclater of St. Johns aforesaid Merchant the within named Petitioner maketh oath and saith that the contents of the within Petition are just and true to the best of Petitioners knowledge and belief
Sworn before me at
St. Johns aforesaid                                        David Sclater
this 31^st day of March
AD 1888

Geo. I. Adams
Comm'r Affdts

This is the Last Will and Testament of me Mary Sclater wife of David Sclater of St. Johns in the Island of Newfoundland Merchant. Whereas I am possessed in my own right and to my sole and separate use of certain lands and premises of certain Debentures Stocks and Shares and of certain Household Furniture and other property
And Whereas I am desirous of making disposition by Will of the said property so held by me in my own right and to my sole and separate use as aforesaid I do therefore by this my Last Will and Testament give devise and bequeath the Estate of which I may die possessed in manner and form as follows; That is to say: I give devise and bequeath to my beloved husband as Executor all the Estate real and personal of which I shall die possessed upon the Trusts following.
1: Upon Trust to transfer to my son William Alexander Blaikie Sclater All the Lands Dwelling Houses Shops and Premises situate upon Water Street in Harbour Grace and held under lease by the late Robert Walsh with the unexpired term of the said Lease the rents issues and profits thereof and the reversion and remainder in the said Lands and Premises.
2 Upon Further Trust to transfer to my said son William A. B. Sclater Five (5) shares in the St. John's Gas Light Company being my personal property but heretofore registered in the names of the said William A.B. Sclater

and David Hunter Sclater
3. Upon Trust to transfer Two (2) shares in the said St. John's Gas Light Company held as aforesaid in my personal right to the sole separate and especial use of my grand daughter Margaret Mary daughter of my son David Hunter Sclater
4. Upon Trust to transfer to my son David Hunter Sclater Thirteen (13) shares in the said St. John's Gas Light Company held by me as aforesaid
5. Upon Trust to assign and Confirm to my ??? son James Blaikie Sclater Ten (10) shares in the said St. Johns Gas Light Company which were formerly held in the name of my deceased daughter Isabella Emma Sclater now registered in the name of the said James Blaikie Sclater but being my personal property and purchased as other? shares held in the names before mentioned with moneys of my separate and personal Estate
(6) Shares in the General Water Company stock formerly held or registered in the name of the said Isabella Emma Sclater but being nevertheless my personal property
7. I hereby express my wishes and desires with which I hope my sons and Legatees will Comply as follows? namely: That my sons their Executors and Assigns will permit and suffer my beloved husband during the term of his natural

life to receive use and enjoy all the rents assigns and profits rights and emoluments interest and dividends issuing from or pertaining to the Lands and premises property and Estate of which I shall die possessed it being my express desire that if my said sons should ass???t thereto after my decease my said husband should have the full advantage thereof for himself personally. And I further express my will and desire that the Lands and Premises in Harbour Grace by me bequeathed to my said son William A. B. Sclater should if possible be retained within the Sclater family and whilst I do not intend to hamper? my said son's right to sell the said Land and premises during his lifetime, I express my will and desire in suggestion only that in case of a necessary sale of the said property a preference should be given to the said David Hunter Sclater tbeir Executor or Administrator in respect of the same.
It is my will and pleasure that my Executor during the administration of my Estate should have full power advisory and executor and that no assignment of the said Estate real or personal which is hereby devised shall be made or held valid or effectual unless my said

Executor shall be a party to such conveyance or assignment or shall in writing signify his assent thereto. In witness whereof I have hereto subscribed my hand this ninth day of March Anno Domini Eighteen Hundred and Eighty Eight

Signed published and declared by the said
Testatrix as and for her Last Will and
Testament in the presence of us who
in the presence of the said Textatrix
and of each other have subscribed                    Mary Sclater
our names as witnesses hereto

Alex J. W. McNeily
J. G. Gilliard

SUPREME COURT OF NEWFOUNDLAND
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To Wit
Alexander J. W. McNeily of St. John's one of Her Majesty's Counsel maketh oath and saith that on the Ninth day of March A. D. one thousand eight hundred and eighty eight at St. Johns aforesaid - he this deponent was present and did see Mary Sclater late of St. John's Married Woman the testator named in the paper writing hereto annexed, duly sign publish and declare the said annexed paper writing as and for her last Will and Testament in the presence of this Deponent and of Bessie Gillard the other subscribing witness thereto. That Deponent and said Bessie Gillard - then and there signed their names to such Will as such witnesses in the presence of the said Testator and of each other 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 Deponent's knowledge and belief.

Sworn before me, as St. John's                    Alexander J. W. McNeily
aforesaid, this 29^th day of March
A.D. One Thousand Eight Hundred
and Eighty Eight

Prescott Emerson
Commissioner

Last Will of
Mrs. Mary Sclater

Supreme Court

In the Estate of
Mary Sclater late
of St. John's deceased
Wife of David Sclater

Petition for Probate

To be granted to
David Sclater

Fiat
R. I. Pinsent
A.J.
March 31/88