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[Royal Coat of Arms]
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION
In the Estate of ----------VICTORIA M. D. BISHOP----------, deceased
LETTERS OF PROBATE
BE IT KNOWN that on the ------- 5th ------- day
of --- ---------
April ------- 1995 the last
Will and Testament and codicil ---------------- of ----- VICTORIA
M. D. BISHOP --------
Late of --------------------------- St. John's -------------------
in the Province of Newfoundland
-------------- gentlewoman --------- deceased, who died on
or about the -----
9th ---day
of -------------- March ------------, 1993 at
--------------- St.
John's aforesaid
------------------
was proved and registered in the aforesaid Court a true copy of which said
last Will and
Testament and codicil ------------------------------------ is hereunder written
and that the
administration of all and singular the estate and effects of the said deceased
was granted
by the aforesaid Court to William Alexander Hamlyn of Topsail in the
Province aforesaid, businessman ---------------------------------------------------------------
the executor --------------- named in the said Will ------------- he ----------------having
been
first sworn well and faithfully to administer the same by paying the just debts
of the
deceased, and the legacies contained in the said Will and codicil -------------------------------
so far as -------- he is ----- thereunto bound by law and by distributing the
residue (if any)
according to law and to exhibit under oath a true and perfect inventory of
all and singular
the said estate and effects, and to render a just and true account thereof
whenever required
by law so to do,
Elaine Burke
Assistant Deputy Registrar
[SEAL]
In the Supreme Court
Of Newfoundland
Trial Division
VICTORIA M. D. BISHOP
Deceased.
LETTERS OF PROBATE
Entered April 5, 1995
Folio 04769
Volume 18
NOTE: By the oath or affirmation which you have taken you are bound to render
a true account
of your administration whenever required to do so. At such time, you are required
to
file in the Registry of the Supreme Court a statement of account duly verified
under
your oath or affirmation showing how the estate has been dealt with.
SECTION 127 OF THE JUDICATURE ACT, 1986 PROVIDES AS FOLLOWS:
"127. Every person to whom letters of probate or administration are granted
shall, within
one year after the issuance of the grant, file in the Registry
(a) a full inventory and valuation of the estate of or to which the deceased
was possessed or entitled to at the time of the death of the deceased;
(b) a full statement of the estate that has come into that person's hands,
or into the
hands of any other person by that person's order;
( c) a full statement of the disbursements made by that person on account of
the funeral expenses, debts and estate; and
(d) a full statement of the estate then outstanding or undisposed of."
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION
In the Estate of VICTORIA M. D. BISHOP late of St. John's,
in the Electoral District of
Waterford-Kenmount, in the Province of Newfoundland, Housewife, Widow, Deceased
ORDER
Before the Honourable Mr. Justice Lang G.F.L.J.
UPON it appearing that, William Alexander Hamlyn,
as petitioner, has made application under
Rule 56.05 requesting that Letters of Probate of the Estate of Victoria
M. D. Bishop be granted
To William Hamlyn;
IT IS ORDERED THAT Letters of Probate of the Estate of Victoria
M. D. Bishop, late of the [sic]
St. John's, in the Electoral District of Waterford-Kenmount, in the Province
of Newfoundland,
Housewife, Widow, Deceased, be granted to William Alexander Hamlyn of Topsail,
in the
Electoral District of Conception Bay South, Province of Newfoundland, Businessman,
Married
Man.
DATED at St. John's this 4th day of April,
1995
Elaine
Burke
Asst. Deputy Registrar
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION
TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND OR ONE OF THE HONOURABLE
THE JUDGES THEREOF:
THE PETITION
The Petition of William Alexander Hamlyn of Topsail, in the
Electoral District of Conception
Bay South, in the Province of Newfoundland, Businessman, Married Man, says:
-
Victoria M. D. Bishop of St. John's, in the Electoral
District of Waterford-Kenmount, Province of Newfoundland, Housewife, Widow,
died at St. John's, Newfoundland on or
about the 9 day of March, 1993, at the age of 87 years having previously
made her Last
Will and Testament dated 29 March, 1982 in which she appointed William
Alexander Hamlyn, your Petitioner herein as Executor, and also
a Codicil thereto dated 19 January,
1987. The Will is annexed to this Petition and marked "A" and
the Codicil is annexed to the Petition and marked Schedule "B"
-
The deceased left surviving her the following next of kin and named beneficiaries
and no others:
- her nephew William Alexander Hamlyn, of Topsail, Conception
Bay South, in the
Province of Newfoundland;
- her niece, Muriel Kruger, of Dorchester, in the State
of Massachussetts,[sic] U.S.A.;
- the Anglican Cemetery Committee;
- her grand-nephews, Weston Frederick George Hamlyn, and Alexander
William Hamlyn,
the sons of William Alexander Hamlyn.
-
Your Petitioner, William Alexander Hamlyn is one of the
beneficiaries named in the Will and is over the age of nineteen years.
-
The deceased, at the time of the execution of the Will was of the full
age of 17 years, (neither witness to the Will is a beneficiary or the husband
or wife of a beneficiary) and the deceased did not marry after the execution
of the Will.
-
At the time of her death, the deceased was possessed of property in the
jurisdiction of this Honourable Court of the probable value of eighteen
thousand dollars ($18,000.00) as appears from the Inventory annexed to
this Petition and marked "C".
-
No probate of any will nor Letters of Administration of the Estate
of the deceased have been at any time granted by this Honourable Court.
Your Petitioner therefore applies for a grant of Letters of Probate of the
Last Will and Testament of the deceased, Victoria M. D. Bishop.
DATED AT St. John's in the Province of Newfoundland this 13 day
of March, 1995.
William
Alexander Hamlyn
WILLIAM ALEXANDER HAMLYN
PROVINCE OF NEWFOUNDLAND
CITY OF ST. JOHN'S
TO WIT:
A F F I D A V I T
I, William Alexander Hamlyn, of Topsail, in the Electoral
District of Conception bay South,
In the Province of Newfoundland, make oath and say as follows:
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That I am the Petitioner in the foregoing Petition.
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That I have read and
I understand the foregoing Petition
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That I have personal knowledge of the
facts contained and in the Inventory thereto annexed and they are true to
the best of my knowledge, information and belief.
SWORN TO before me at St.
John's in the Province of
Newfoundland this 13
Day of March , 1995.
William
Alexander Hamlyn
WILLIAM ALEXANDER HAMLYN
Peter Hood [?]
Barrister
/u/pjo/hamlyn.probate
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION
deceased
In the Estate of VICTORIA M.D. BISHOP Late of St. John's, in the
Electoral District
of Waterford-Kenmount, in the Province of Newfoundland
PROOF OF WILL
I James P.
Adams, Solicitor, of St. John's, in the Electoral District of St. John's Centre,
in the Province of Newfoundland of
in the Province of Newfoundland,
make oath
and say that on the 19th
day of January
, 1987 I was present and did
see Victoria M.D. Bishop
late of St. John's,
in the Electoral District of
Waterford-Kenmount
in the Province aforesaid
the Testatrix named
in the paper writing hereunto annexed, marked A, duly sign, publish and declare
the said
a Codicil to her annexed paper
writing, as and for / last Will
and Testament in my presence, and in the presence of Elizabeth
Hamlyn
the other subscribing
witness thereto. That I and the said Ellizabeth
Hamlyn
then and there signed our names to such Will as such witnesses, in the presence
of the
said Testatrix
. And that at the time of the said execution of the said Will the said Testatrix was
of sound and disposing mind, memory and understanding to the best of
my belief.
SWORN at St. John's James
P. Adams
On the 21st day of March James
P. Adams
1995 , before me.
Peter Hood [?]
Barrister
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION
In the Estate of VICTORIA M.D. BISHOP Late of St. John's, in the
, deceased Electoral District of Waterford-Kenmount, in the Province of Newfoundland,
Wedow.
PROOF OF WILL
I, James P. Adams, of St. John's, in the Electoral District of St.
John's Centre, of
[sic] in the Province of Newfoundland in
the Province of Newfoundland [sic], Solicitor make
oath
and say that on the 29 day
of March ,
1982 I was present and did
see Victoria M.D. Bishop late
of St. John's,
in the Electoral District ofWaterford-Kenmount
in the Province aforesaid the
Testatrix named
in the paper writing hereunto annexed, marked A, duly sign, publish and declare
the said
annexed paper writing, as and for her last
Will and Testament in my presence, and
in the presence of Marilyn
Phillips of Colliers in the Electoral District the
other subscribing Harbour
Main, Newfoundland
witness thereto. That I and the said Marilyn
Phillips then
and there signed our names to such Will as such witnesses, in the presence of
the said Testatrix .
And that at the time of the said execution of the said Will the said Testatrix
was
of sound and disposing mind, memory and understanding to the best of my belief.
SWORN at St. John's James
P. Adams
On the 21st day of March James
P. Adams
1995 , before me.
Peter Hood [?]
Barrister
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION [Initials]
This is Schedule "C" to
the
============= Petition of William Alexander
Hamlyn
In the Estate of VICTORIA M.D. BISHOP, Late of St.
John's, in the Electoral District
of Waterford-Kenmount, in the Province of Newfoundland, Housewife, Widow, Deceased.
Inventory and Valuation of the Property of the said Estate.
GENERAL DESCRIPTION OF PROPERTY |
VALUE or AMOUNT |
Land, Buildings, and any interest in Land
................................ |
|
Household Goods and Furniture .............................................. |
|
Motor Vehicles ......................................................................... |
|
Stock in Trade and any interest in Business
............................. |
|
Book Debts and Promissory Notes ........................................... |
|
Money Secured by Mortgage ................................................... |
$18,000.00 |
Moneys due under Life Insurance............................................. |
|
Bonds, Stocks and Shares in Companies .................................. |
|
Securities for Money ................................................................ |
|
Cash on Hand ........................................................................... |
|
Cash in Bank ............................................................................. |
|
Other Property not before mentioned (if any)
......................... |
|
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I,.. William Alexander Hamily [sic]
........................ make oath and say that I am....the Petitioner.....herein...............................and
that the above is, to the best of my knowledge, information and belief, a just
and true Inventory and Valuation of all property in the estate (at the time
of.............................her.....................
death), as far as I can at present ascertain.
SWORN at ..St. John's................................
This.....13.....day of.....March........................
19..95, before me
Peter Hood [?] William
Alexander Hamlyn
Barrister WILLIAM
ALEXANDER HAMLYN
IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION
In the Estate of VICTORIA M.D. BISHOP, Late of St. John's, in the
, deceased Electoral Districtof Waterford-Kenmount, in the Province of Newfoundland, Housewife,
Widow, Deceased.
OATH OF EXECUTOR
I, William
Alexander Hamlyn of Topsail,
in the Electoral District of Conception Bay South, in the
Province of Newfoundland, Businessman ,
make oath
and say that Victoria M.
D. Bishop
late of St.
John's deceased
died with a Will ;
that I am the
Petitioner therein
named; that I
will well and faithfully administer the estate and effects of the testatrix by
paying her just
debts and the legacies contained in the said 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 testatrix ,
and render a just and true account thereof whenever
required by law so to do; that the testatrix died
at St.
John's, Newfoundland on
the [sic] day
of [sic] ,
19 [sic] ; and
that the gross value of the estate and effects of the said testatrix
is $18,000.00 and
no more, according to the best of my knowledge, information and belief.
SWORN at St. John's
on this 13 day
of March
1995 ,
before me
Peter Hood [?] William
Alexander Hamlyn
Barrister WILLIAM
ALEXANDER HAMLYN
This is Schedule "A" to the Petition of
William Alexander Hamlyn
THIS IS THE LAST WILL AND TESTAMENT of me VICTORIA
M. D. BISHOP,
of St. John's in the Province of. Newfoundland, Widow.
-
I HEREBY REVOKE all former wills and testamentary dispositions by me at
any time heretofore made and declare
this to be my Last Will and Testament.
-
I NOMINATE, CONSTITUTE AND APPOINT my
nephew, William Alexander Hamlyn, to be the sole Executor
and Trustee of this my Will and I hereinafter refer to him as my Trustee.
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I GIVE, DEVISE AND
BEQUEATH all my property of every nature and kind and wheresoever situate,
including any property
over which I may have a general power of appointment, to
my said Trustee upon the following trusts, namely:
(a) To pay out of the capital of my general estate my just debts, funeral
and testamentary expenses and all estate,
legacy, succession and inheritance taxes or duties,
whether imposed. by or pursuant to the law of any
domestic or foreign jurisdiction whatsoever, that may
be payable in connection with the property passing
(or deemed to pass by any governing law) on my death,
or in connection with any insurance on my life, or
in connection with any gift or benefit given or provided
by me either in my lifetime or by surviviorship [sic] or
by this my Will or any Codicil thereto, and whether
such taxes and duties be payable in respect of estates
or interest which fall into possession at my death or at. any subsequent
time.
(b) I give, devise and. bequeath all my right, title, interest and estate
in and to the land and dwelling
house situate and being number 481 Topsail Road, St.
John's, held in the joint names of myself and my
brother, Weston Hamlyn, to my said brother, Weston Hamlyn,
to be his absolutely.
(c)
To pay the following legacies:
(i) To each of my nephews, Harry Hamlyn [scribble
underline], Jr.,
and
William Hamlyn [scribble underline], sons of
my deceased brother, Harry
Hamlyn, Sr., if each of them survives me, the sum of Five hundred
dollars ($500.00) [scribbled out]
each;
(ii) To my niece, Muriel Kruger, of Dorchester,
in the state of Massachussetts [sic], U.S.A., if she
survives me, the sum of One thousand dollars
( $1,000.00);
(iii) To the Anglican Cemetery Committee, the sum of Five hundred dollars
($500.00) to be used
at the discretion of the said Committee at the
Forest Road Cemetery;
(iv) To my grand-nephew, Weston Frederick George
Hamlyn, the son of William Alexander Hamlyn,
if he survives me, the sum of Twenty thousand
dollars ($20,000.00) to be held and kept invested
by my Trustee until my said grand-nephew attains
the: age of nineteen (19) years. If my said
grand-nephew predeceases me or dies before
attaining the. age of nineteen (19) year, the
said Twenty thousand dollars ($20,000.00) shall
fall into and form part of the. residue of my estate.
(d) To pay or transfer all the rest and residue of my estate to my
Trustee,
William Alexander Hamlyn, if
be survives me, for his own use absolutely. If the
said William Alexander Hamlyn predeceases me, to pay
or transfer the said residue of my estate to my grand-nephew, the said Weston
Frederick George Hamlyn, to
be his absolutely.
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If any person should become entitled to any share in my estate before
attaining the age of nineteen (19) years,
the share of such person shall be held and kept invested
by my Trustee and the income and capital, or so much thereof
as my Trustee in his absolute discretion considers advisable,
shall be used for the benefit of such person until he or
she attains the age of nineteen (19) years.
-
I authorize my Trustee to make any
payments for any person under the age of nineteen (19) years to a parent
or guardian
of such person or to anyone to whom he in his discretion,
deems it. advisable to make. such. payments, whose recept
shall. be a sufficient discharge to my Trustee.
-
My Trustee may make any division
of my estate or satisfy or pay any share or interest therein, either wholly
or
in part, in the assets forming my estate at the time of
my death or at the time of such division, setting aside
or payment, and I expressly declare that my Trustee shall,
in his, absolute discretion, fix the value of my estate
or any part thereof for the purpose of making such division,
setting side or payment and his decision shall be final and. binding upon
all persons concerned.
IN WITNESS WHEREOF I have to this my Last Will, written upon
this and the preceding two (2) pages of paper, subscribed my
name this 29th day of March,
A.D. 1982.
SIGNED, PUBLISHED AND DECLARED | ) | |
by the Testatrix, VICTORIA M. D. |
) | |
BISHOP, as her last Will, in the |
) | |
presence of us, both present at |
) | |
the same time, who, at her |
) | |
request, in her presence and in |
) | |
the presence of each other, have |
) | |
hereunto subscribed our names as |
) | |
witnesses: |
) | Victoria M. D. Bishop |
Marilyn Phillips |
) |
VICTORIA M. D. BISHOP |
WITNESS | ) | |
One Church Hill, St. John's |
) | |
ADDRESS | ) | |
James P. Adams |
) | |
WITNESS | ) | |
One Church Hill, St. John's |
) | |
ADDRESS | ) | |
This is Schedule "B" to the Petition of William Alexander
Hamlyn
THIS IS THE FIRST CODICIL TO THE LAST WILL AND TESTAMENT of
me, Victoria M. D. Bishop, of the City of St. John's, in the
Province of Newfoundland, Canada, which Last Will and Testament is dated the
29th day of March, A.D., 1982.
I HEREBY REVOKE clause 3(c)(i) of my Will.
-
I HEREBY REVOKE clause 3(c)(iv) of my Will and replace the said
clause with a new clause 3(c)(iv) which reads as follows:
"3(c)(iv)To my grand-nephews, Weston Frederick George
Hamlyn and Alexander William Hamlyn, the sons of William Alexander Hamlyn, if
they survive me, the sum of Twenty thousand dollars ($20,000.00) to
be divided equally among them and to be held in trust and kept invested by my
Trustee until my said grand-nephews attain the age of nineteen (19) years respectively.
If either of my said grand-nephews predeceases me then the share of that grand-nephew
shall go to the survivor of them. If either of my said grand-nephews predeceases
the other before attaining - the age of nineteen (19) years, then the survivor
of the two shall receive the entire Twenty thousand dollars ($20,000.00). If
both of my said grand-nephews predecease me or die before attaining the age of
nineteen (19) years, the said Twenty thousand dollars ($20,000.00) shall fall
into and form part of the residue of my Estate."
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In all other respects I confirm my said Will.
IN TESTIMONY WHEREOF I have to this Codicil to my Last Will and
Testament written upon this single page of paper, subscribed my name
This 19th day of January ,
A.D., 1987.
SIGNED, PUBLISHED AND DECLARED
by the Testatrix as and for
a Codicil to her Last Will
and Testament, in the pres-
ence of us both present at
the same time, who, at her
request and in her presence,
and in the presence of each
other, have hereunto sub-
scribed our names as
witnesses.
Elizabeth Hamlyn
James P. Adams Victoria
M. D. Bishop
One Church Hill VICTORIA
M. D. BISHOP
St. John's
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