In The Supreme Court
In re
Thomas G. Morry
Deceased
OATH OF EXECUTOR
Probate granted to William
N. Gray
On the 27th day of April
A.D., 1936
Value of Estate $ 958.83
Volume 9
Folio 403
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:-
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.
The
25th day of April A. D. 1936.
E. S. PINSENT,
PETITIONER’S SOLICITOR
NEWFOUNDLAND
ST. JOHN’S S.S.
I, William N. Gray, of St. John’s, in the Island of Newfoundland, Stationer, make oath and say as follows:-
SWORN AT St. John’s
This
25th day of April William N. Gray
Simon Barker
COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF NEWFOUNDLAND.
"A" This is the paper writing marked "A" which is the
affidavit of Earl A. Pinsent made before me on the 25th day of April 1936 is deposed to be the last will and testament of Thomas Graham Morry the testator herein named.
Dated the 25th day of April 1936.
Simon Butler
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.
IN WITNESS WHEREOF I have hereunto set my hand at St. John’s, aforesaid, this 13th day of June Anno Domini One thousand Nine hundred and Thirty.
SIGNED by the Testator as and
for his last Will and Testament
in our presence, who in his presence, T. G. Morry
and in the presence of each
other have hereunto subscribed our
names as witnesses.
Marjorie Stirling
E. S. Pinsent
Proof of Will
D. R. Thistle, King’s PrinterIn the Supreme Court of Newfoundland.
IN THE ESTATE OF
Thomas G. MorryDECEASED I, Arthur Lee
Of
Victoria, in theIn the Island of Newfoundland
Sworn at
Victoria, British Columbia, on the20th
day of March | Arthur LeeA.D. 193
6 before me. |Hubert Lethely
A NOTARY PUBLIC IN AND FOR THE
PROVINCE OF BRITISH COLUMBIA
Clerk
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 23rd 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 )
his presence, and in the presence of each other )
Thos. G. Morryhave hereunto subscribed our names as witnesses. )
Emma Jasper Victoria, B. C.
Arthur Lee Victoria, B. C.
Proof of Will
D. R. Thistle, King’s PrinterIn the Supreme Court of Newfoundland.
IN THE ESTATE OF
Thomas G. MorryDECEASED
I,
Earl S. PinsentOf
St. John’s, in the Electoral District of St. John’s EastIn the Island of Newfoundland
Solicitor make oath and say, that on the 13th day of June A.D., One thousand Nine hundred and Thirty, I was present and did see Thomas G. Morry late of Ferryland in the Electoral District of Ferryland, in the Island aforesaid, Retired Post Master, the Testator named in the paper writing hereunto annexed, marked "B" duly sign, publish and declare the said annexed paper writing, as and for his last Will and Testament in my presence, and in the presence of Marjorie Stirling, the other subscribing witness thereto, That I and said Marjorie Stirling then and there signed our names to such Will as such witnesses, in the presence of the said Testator. And that at the said execution of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of my knowledge and belief.Sworn at
St. John’s on the25th
day of April | Ed PinsentA.D. 193
6 before me. |Simon Butler
Clerk
Inventory and Valuation ‘C’ L.B. – 1000 – 4-2-35
In the Supreme Court of Newfoundland.
In the Estate of
Thomas G. Morry Deceased.Inventory and Valuation of the Property of the said Deceased,
General Description of Property |
Value or Amount |
|
Lands, Houses, Stores, &c., and any interest in Land... |
930 |
00 |
Household Goods and Furniture..................................... |
||
Stock in Trade.................................................................... |
||
Book Debts and Promissory Notes................................... |
||
Money Secured by Mortgage............................................ |
||
Moneys due under Life Insurance................................... |
||
Bank and other Stock, Share in Companies, &c............ |
||
Securities for Money......................................................... |
||
Cash on Hand.................................................................... |
||
Cash in Bank...................................................................... |
28 |
83 |
Ships, Boats, Nets, and other Outfit for the Fishery...... |
||
Horses, Horned Cattle, Sheep and Swine........................ |
||
Farming Implements, and Produce of all kinds............. |
||
Other Property not before mentioned (if any)................ |
||
958 |
83 |
Clerk.
* This Inventory and Valuation may be certified under Petition
500-4-35 D S C 21
Oath of Executor
In the Supreme Court of Newfoundland.
IN THE ESTATE OF
Thomas G. MorryDECEASED
I,
William N. GrayOf
St. John’s, in the District of St. John’s East, Stationer make oath and say, that Thomas G. Morry, late of Ferryland, Retired Post Master deceased died with a Will, that I am the Executor therein named; that I will well and faithfully administer the estate and effects of the testator by paying his just debt and the legacies contained in his Will and Codicil 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 state and effects of the testator , and render a just and true account thereof whenever required by law so to do; and the testator died at Victoria, in the Province of British Columbia, in the Dominion of Canada, on the 28th day of July, one thousand none hundred and Thirty-six; and the gross value of the estate and effects of the said testator is Nine hundred and fifty-eight 83dollars, and no more, according to the best of my knowledge, information and belief.
Sworn at
St. John’s this25th
day of April | William N. GrayA.D. 193
6 before me. |Simon Butler
Clerk