TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND

OR ONE OF THE HONOURABLE THE JUDGES THEREOF

THE PETITION of William N. Gray, of St. John’s, in the Island of Newfoundland, Stationer, by his Solicitor, E. S. PINSENT, HUMBLY SHEWETH that:-

1. Thomas G. Morry, of Ferryland, in the electoral district of Ferryland, in the Island of Newfoundland, retired Post Master, died at Victoria, in the Province of British Columbia, in the Dominion of Canada, on the 20^th day of March, 1936, having previously made his last Will and Testament and Codicil thereto.
2. The said deceased at the time of his death left property situate within the jurisdiction of this Honourable Court.
3. The paper writing hereto annexed marked "A" is the Last Will and Testament of the said deceased, proved upon the affidavit of Earl S. Pinsent, one of the subscribing witnesses thereto.
4. The paper writing hereto annexed marked "B" is a Codicil to the last will and testament of the said deceased, proved upon the affidavit of Arthur Lee, one of the subscribing witnesses thereto.
5. The paper writing hereto annexed marked "C" is the 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 Letters of Probate to any Will nor of Administration to the estate and effects of the said deceased have been granted out of this Honourable Court to anyone.

Your Petitioner, therefore, prays that this Honourable Court or Your Lordship may be pleased to grant to him Letters of

Probate to the Last Will and Testament of the said deceased.

And, as in duty bound, will ever pray etc.

E. S. PINSENT,

PETITIONER’S SOLICITOR

Dated the 25^th day of April 1936.

THIS IS THE LAST WILL AND TESTAMENT OF ME Thomas G. Morry, of Ferryland, in the Electoral District of Ferryland, in the Island of Newfoundland, retired Post Master.

FIRST – I revoke all former wills and testamentary dispositions by me at any time made and I appoint William N. Gray, of St. John’s, Stationer, the Executor of this my Will.

SECOND – I give, devise and bequeath to my son, Howard, subject to the provisions hereinafter contained, all my water side premises now occupied by him, including the Stages, Flakes and all other erections thereon, with the exception of the big store and the land that it is erected upon.

THIRD – I give, devise and bequeath to my said son, Howard, and my son, John, subject to the provisions hereinafter contained, my said big store and the land upon which it is erected, together with the right of way to and from the said store and also the right of way around the said store for the purpose of making all necessary repairs to same, in the following manner, that is to say, three-fourth parts to my said son, Howard, and one fourth part to my said son, John.

FOURTH – I also give, devise and bequeath to my said son, Howard, subject to the provisions hereinafter contained, that portion of my land now in his possession situate on Morrisons’s Marsh Road and being half of my farm land situate on the said road.

FIFTH – I give, devise and bequeath to my grandson, Thomas G. Morry, subject to the provisions hereinafter contained, my

Dwelling house and land upon which it is erected, together with my adjoining landed property and all erections thereon until such time as my son Thomas Graham Morry returns to Ferryland to live. In the event of my said son, Thomas Graham Morry returning to Ferryland to live, I give, devise and bequeath the same to him absolutely and for ever.

SIXTH – I give, devise and bequeath to my said son, John, subject to the provisions hereinafter contained, my water-side premises now occupied by him, including the Stages, Flakes, Stores and all other erections theron.

SEVENTH – I also give, devise and bequeath to my son, John, subject to the provisions hereinafter contained, the farm land now in his possession and adjoining the land hereinbefore bequeathed to his brother Howard, and situate on the Morrison’s Marsh Road, being the remaining half of the said farm land situate on the said road.

EIGHTH – I also give, devise and bequeath to my son John, subject to the provisions hereinafter contained, my wood land consisting of about six or seven acres of land and situate on the Morrison’s Marsh Road, until such time as my son Thomas Graham Morry returns to live in Ferryland. In the event of the said Thomas Graham Morry returning to live in Ferryland, I give, devise and bequeath half the said land to the said Thomas Graham Morry and the remaining half to his brother John.

NINTH – The above bequests are given to my sons and grandson subject to the conditions that they are not to sell, assign, sub-let or otherwise part with the possession of the same without giving to the said sons the right to purchase, the purchase price to be agreed upon between my said sons, failing which the same

Shall be fixed by arbitration in the usual and customary manner.

TENTH – I give, devise and bequeath to my son, John, the land now occupied by him on which he has built a dwelling house and situate on the North side of Ferryland to hold the same absolutely and for ever.

ELEVENTH – All the rest, residue and remainder of my property, after paying all my just debts, funeral, testamentary, death duties, and all other charges and expenses, I give, devise, and bequeath to be equally divided between my said three sons, share and share alike.

SIGNED by the Testator as and

for his last Will and Testament

and in the presence of each

other have hereunto subscribed our

names as witnesses.

Marjorie Stirling

E. S. Pinsent

This is a Codicil of the last Will and Testament of me, Thomas G. Morry, of Ferryland, in the Electoral District of Ferryland, in the Island of Newfoundland, retired Post Master, at present resident in the City of Victoria, Province of British Columbia, Will bearing date the Thirteenth day of June, One Thousand Nine Hundred and Thirty (1930).

I Hereby Revoke the Fifth clause of my Will, which reads as follows: "I give, devise and bequeath to my grandson, Thomas G. Morry, subject to the provisions hereinafter contained, my dwelling house and land upon which it is erected, together with my adjoining landed property and all erections thereon until such time as my son, Thomas Graham Morry returning to Ferryland to live, I give, devise and bequeath the same to him absolutely and forever."

I Also Revoke the Tenth clause of my Will, which reads as follows: "I give, devise and bequeath to my son, John, the land now occupied by him on which he has built a dwelling house, and situate on the North side of Ferryland, to hold the same absolutely and forever."

I Also Revoke the Eleventh clause of my Will, which reads as follows: "All the rest, residue and remainder of my property, after paying all my just debts, funeral, testamentary, death duties, and all other charges and expenses, I give, devise, and bequeath to be equally divided between my said three sons, share and share alike."

I give, devise and bequeath to my grandson, Thomas G. Morry, the three corner field adjoining pasturage.

I further give, devise and bequeath to my son, John Morry, of Ferryland, in exchange for his house and surrounding property, known as Cornfield, on the North side of Ferryland, my house and property with all erections thereon, situate on the North side of Ferryland, bounded on the East by the White Estate, South by Devereaux’s Flake, West by (Back Lane) named as such; and North by Field known as the Barkhouse Field.

All the rest, resides and remainder of my property not otherwise disposed of by my Will and Codicil, after paying all my just debts, funeral, testamentary, death duties, and other charges and expenses, I give, devise and bequeath to my son Bertram Morry.

In all other respects I do confirm my said Will.

IN WITNESS WHEREOF, I hereunto set my hand, at Victoria, British Columbia, this 23^rd day. of May, in the year of our Lord One Thousand Nine Hundred and Thirty-five (1935).

SIGNED, by the said Testator as and for his )

last Will and Testament in our presence, who in )

have hereunto subscribed our names as witnesses. )

500-4-35 D S C 21

Simon Butler