Archibald Sillars
          1888

Estate of Archibald Sillars 1888
From LDS microfilm #2057543

To the Honorable the Supreme Court of Newfoundland

          The Petition of Sir William V. Whitway K.C.M.G. of St. John's, Newfoundland and Alexander Marshall of the same place, Merchant

Humbly Sheweth

          That Archibald Sillars, late of St. John's aforesaid, Merchant, departed this life on or about the first day of December instant having previously made his last Will and Testament with two codicils thereto, which Will and Codicils are hereto annexed and of which the deceased appointed your Petitioners executors.
          That no Letters of Administration have been

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taken out to the Estate of the deceased and that from the information which your Petitioners have been able to obtain up to this date, they do not believe the Estate of the said deceased exceeds in value Sixty Thousand Dollars.
          Your petitioners pray Letters of Probate to the Will of the said Archibald Sillars may be granted to them and as in duty bound will pray.

St. John's, Nfld                               W. W. Whiteway
14^th Decr 1888                              Alexr Marshall

Supreme Court

In re Will of
Archibald Sillars

Newfoundland
St. John's   To wit
Sir William V. Whiteway and Alexander Mareshall, both St. John's aforesaid, severally make oath and saith say that these Deponents are the Petitioners named in the foregoing petition and that the matters and things therein contained are just and true.

Sworn before me at St. John's                       W. V. Whiteway
aforesaid this 14^th day of                              Alexr Marshall
December A.D. 1888 ~ by the said
Sir W. V. Whiteway and the said
Alexander Marshall

Geo. J. Adams
Commissioner, S.C.

Supreme Court

In re: Estate of
Archibald Sillars

Petition for Letters
of Probate.

Fiat
R. J. Pinsent
22 Dec/88

NEWFOUNDLAND
IN THE SUPREME COURT

AFFIDAVIT
----------

You shall swear that you believe this to be the Last Will and Testament of Archibald Sillars, late of Saint John's in the Central District of Newfoundland, Merchant, deceased.

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 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 Archibald Sillars, Deceased, and of which he died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of Sixty Thousand Dollars.

SO HELP YOU GOD.

Sworn before me, at St. John's,                    W. V. Whiteway
this 15^th day of January, A.D.,                      Alexr Marshall
1889 by the said Sir W. V.
Whiteway and the said Alexander
Marshall.
Jos. P. Carty
Commissioner of Affidavits, Supreme Court.

1888

Estate of Archibald Sillars
late of St. John's
in the Central District,
Merchant, deceased.

Dated 21^st January 1889

Probate granted to Sir. W. V.
Whiteway K.C.M.G. and
Alexr Marshall
the Executors named in the Will.

Estate sworn under $60,000.00

SUPREME COURT OF NEWFOUNDLAND
----------------

Newfoundland
St. John's
TO WIT.

George LeMessurier of St. John's aforesaid, Barrister at Law, maketh oath and saith that on the nineteenth day of January A.D. one thousand eight hundred and *eighty seventy seven at St. John's aforesaid he this deponent was present and did see Archibald Sillars late of St. John's aforesaid, deceased, the Testator named in the paper writing hereto annexed *^{marked B}, duly sign, publish and declare the said annexed paper writing as and for *^{a codicil} to his last Will and Testament in the presence of this Deponent and of William M. Bearns the other subscribing witness thereto. That Deponent and said William M. Bearns then and there signed their names to such Will as such witness in the presence of the said Testator and of each other and that at the time of the said Execution of the said *^codicil to 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, at St. John's                  George LeMessurier
aforesaid, this 11^th day of
December A.D., One Thousand
Eight Hundred and Eighty Eight.
Geo. J. Adams
Commissioner.

* indicates initials GJA in left margin.

SUPREME COURT OF NEWFOUNDLAND
----------------

Newfoundland
St. John's
TO WIT.

George Macness Johnson of St. John's aforesaid, Barrister at Law, maketh oath and saith that on the twenty eighth day of June A.D. one thousand eight hundred and *eighty seventy three at St. John's aforesaid he this deponent was present and did see Archibald Sillars late of St. John's aforesaid, deceased, the Testator named in the paper writing hereto annexed *^{marked A} duly sign, publish and declare the said annexed paper writing as and for his last Will and Testament in the presence of this Deponent and of Henry J. B. Wood the other subscribing witness thereto. That Deponent and said Henry J. B. Wood then and there signed their names to such Will as such witness 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, at St.John's                    Geo. M. Johnson
aforesaid, this 11^th day of
December A.D., One Thousand
Eight Hundred and Eighty Eight.

Geo. J. Adams
Commissioner

*indicates linitials GJA in left margin.

A

          This is the last will and testament of me Archibald Sillars of St. John's, Newfoundland, Merchant, hereby revoking all wills by me heretofore made.
First. I give and bequeath unto Charles, son of Alexander Marshall of St. John's aforesaid, Merchant, the sum of three hundred pounds currency.
Secondly. I give and bequeath unto Amelia, wife of my present partner in business, all my household furniture for her sole and separate use.
Thirdly. I give and bequeath all my wearing apparel to the said Amelia for her to give to the poor.
Fourthly. I give my watch, jewelry and trinkets to my partner and in case of his predecease to my cousin Archibald Arnott at present residing in Glascow (sic), Scotland.
Fifthly. I give and bequeath to each of my Executors hereinafter named the sum of one hundred pounds currency.

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Sixthly. I give and bequeath all the residue of my property and estate whatsoever and wheresoever unto my executors hereafter named in trust to invest the same at interest and to pay the interest and profits thereof to my father John Sillars during his natural life and after his decease to pay such interest and profits to my cousins Margaret S. Arnott and Sarah Arnott, both now residing in Glascow (sic) aforesaid with benefit of survivorship and after the decease of the survivor of them, to divide and pay the principal, share and share alike, between my said cousin Archibald Arnott and William Cairns, son of the said Amelia, wife of my present partner in business Thomas B. Cairns.
I appoint Alexander Marshall aforesaid and William V. Whiteway of St. John's, Barrister, executors of this my last will and testament.
In witness hereof I have hereunto subscribed my name this twenty eighth day of June Anno Domini Eighteen Hundred and Seventy Three.
Archibald Sillars

Signed, declared and published by the
said Archibald Sillars as and for his last
will and testament in our presence who
in his presence and in the presence of each
other have subscribed our names as witnesses
to the ???? execution hereof.

H. J. B. Wood
Geo. M. Johnson

B

This is a codicil to my last will and testament dated the twenty eighth day of June Anno Domini eighteen hundred and seventy three.
First. In addition to the bequest made by my said will to Amelia, wife of Thomas B. Cairns, I give and bequeath to her the sum of three hundred pounds currency to her sole and separate use.
Secondly. I revoke the bequest rendered by my said will to William Cairns and I give all the Estates principal money and property therein bequeathed to the said William Cairns unto my cousin Archibald Arnott to be held by the said Archibald Arnott in addition to the bequest made by my said will to him.
St. John's, Newfoundland this nineteenth day of January Anno Domini eighteen hundred and seventy seven.
Archibald Sillars

Witnesses:
Wm. M. Blains
G. LeMessurier

C

This is a second codicil to my last will and testament dated the twenty eighth day of June Anno Domini Eighteen Hundred and Seventy Three.
I give and bequeath unto Henrietta Louisa Cook, daughter to Henry Cook, Manager of the Commercial Bank, the sum of four hundred dollars. Also to George S. and Alexander S. Marshall, sons of Alexander Marshall, now of St. John's, each the sum of four hundred dollars.
St. John's, Newfoundland, the fourth day of February Anno Domini eighteen hundred and eighty seven.

Witness:                                                  Ach^d Sillars
Geo. M. Johnson
Witness:
W. Clapp

SUPREME COURT OF NEWFOUNLAND
----------------

NEWFOUNDLAND
ST. JOHN'S
TO WIT.
George Macness Johnson of St. John's aforesaid, Barrister at Law, maketh oath and saith that on the fourth day of February A.D. one thousand eight hundred and eighty seven at St. John's aforesaid he this deponent was present and did see Archibald Sillars, late of St. John's aforesaid, deceased, the Testator named in the paper writing hereto annexed *^{marked C} duly sign, publish and declare the said annexed paper writing as and for *^{a codicil} to his last Will and Testament in the presence of this Deponent and of William Clapp, the other subscribing witness thereto. That Deponent and said William Clapp then and there signed their names to such Will as such witness in the presence of the said Testator and of each other and that at the time of the said Execution of the said *^{second codicil to the said} Will, the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief
Geo. M. Johnson
SWORN before me, at St. John's
aforesaid, this 11^th day of
December A.D., One Thousand
Eight Hundred and Eighty eight.
Geo. J. Adams
Commissioner

*indicates initials GJA in left margin.