Last Will and Testament of William Nichols Gray (1867-1942)

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TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND
OR ONE OF THE HONOURABLE THE JUDGES THEREOF.
THE PETITION OF the Eastern Trust Company, a company duly authorised to do business in Newfoundland,
by its solicitor, E.S. PINSENT, HUMBLY SHEWETH that: =
1. William Nichols Gray, late of St. John’s aforesaid, Stationer, died at the said place on the 3rd day
of February, 1942, having previously made his last Will and Testament, whereof he appointed
Your Petitioner and his wife Jane Josephine Gray the Executors thereof.
2. The said deceased at the time of his death left property 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 correct and true inventory and valuation of
the estate and the effects of the said deceased at the time of his death so far as your Petitioner
can at present ascertain.
5. 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 any one.
Your Petitioner, therefore, prays that this Honourable Court of your Lordship may be
pleased to grant to it and the said Jane Josephine Gray Letters of Probate to the Last
Will and Testament of the said deceased.
And, as in duty bound, will ever pray, etc.
Dated at St. John’s, this 19th day of February A. D. 1942.
E. S. PINSENT
PETITIONER’S SOLICITOR
Written in left margin in handwriting:
Fiat W. A. Horwood, C. J.
Feb 12/42
A
THIS IS THE LAST WILL AND TESTAMENT of me WILLIAM NICHOLS GRAY of St. John’s, in the Island of
Newfoundland, Stationer.
FIRST – I revoke all former Wills and Testamentary dispositions by me at any time made, and I appoint
my wife Jane Josephine Gray, and the Eastern Trust Company, the Executors of this my Will.
SECOND – I give, bequeath and devise to my said wife a sum of money equal to one half of the total
value of my estate. For this purpose my Executors shall have the right of estimating the value of my
estate, but should they be unable to agree upon a valuation, they shall submit the same to arbitration in
accordance with the rules of the Judicature Act 1904.
THIRD – I give, devise and bequeath the following pecuniary bequests, namely:
(A)
The sum of Two hundred dollars to the Cathedral Parish of St. John the Baptist, to be disposed
of by the members of the Committee of the said parish, known as the Select Vestry, in such a manner as
the majority of them may deem right and proper, and I declare that the receipt of the Church wardens
shall be sufficient discharge to my said Executors for the said legacy.
(B)
The sum of Two hundred dollars to the Lord Bishop of Newfoundland and his successors in
office, to be disposed of by him for the benefit of the Church of England Diocese in Newfoundland in
such a manner as he may deem fit. I declare that a receipt from the said Lord Bishop or his successor
shall be sufficient discharge to my said Executors for the said legacy.
(C)
The sum of Two hundred dollars to the Church of England Orphanage. I declare that the receipt
of the Treasurer of the Committee of the said Orphanage shall be sufficient discharge to my said
Executors for the said legacy.
(D)
The sum of Four hundred dollars to the Directors of Bishop Field College, to hold the same in
trust to pay annually the sum of Forty dollars towards a scholarship to be known as the “Gray
Scholarship”. The said Directors shall determine the nature and objects of the said scholarship and shall
make such rules and regulations therewith as they shall deem fit and proper.
(E)
The sum of One hundred dollars to the fund of the Masonic Society of Newfoundland, known as
the Masonic Benevolent Fund, to be expended by the committee of the said fund in such manner as the
majority of them may see fit. I declare that a release of the Treasurer of the said Fund shall be sufficient
discharge to my said executors for the said legacy.
(F)
The sum of Five hundred dollars to Miss Hilda Long should she be in my employ at the time of
my death, in addition to any sums then owing to her for wage or otherwise.
(G)
The sum of Two hundred dollars to Ferdinand Hayward, the son of Harry Smith Hayward, of St.
John’s.
(H)
The sum of Two hundred dollars to George Edwin LeMessurier, son of Francis E. LeMessurier, of
St. John’s.
(I)
The sum of One hundred dollars to Joan Carey, the daughter of the late Hillary Carey of St.
John’s.
(J)
The sum of One hundred dollars to my cousin, Mrs. Alice Allen, of London, England
(K)
The sum of Two hundred dollars to my cousin, Mrs. Frances Melvin, of Chebogue, Nova Scotia.
(L)
The sum of One hundred dollars to my cousin, Wrayford W. Gray, of Barrington, Nova Scotia.
FOURTH – All the rest, residue and remainder of my estate after paying all my debts, testamentary and
funeral expenses, death duties and all other taxes, if any, I give and bequeath to my said wife, for her
absolute use and benefit forever.
IN WITNESS WHEREOF I have hereunto set my hand in St. John’s, aforesaid, this
fifth day of November Anno Domini One thousand Nine hundred and Thirty-five.
SIGNED by the Testator
as and for his Last Will
and Testament in our presence
who in his presence and in the
presence of each other have
hereunto subscribed our names
as witnesses.
Marjorie Stirling
E. S. Pinsent
William N. Gray
S. B.
Inventory and Valuation
D. B. Thistle, King’s Printer
In the Supreme Court of Newfoundland
In the Estate of William N. Gray
Deceased
Inventory and Valuation of the Property of the said Deceased
GENERAL DESCRIPTION OF PROPERTY
Lands, Houses, Stores, &c., and any interest in Land……………………………….
Household Goods and Furniture……………………………………………………………..
Stock in Trade …………………………………………………………………………………………
Book Debts and Promissory Notes ………………………………………………………….
Money Secured in Mortgage …………………………………………………………………..
Moneys due under Life Insurance …………………………………………………………..
Bank and other Stock, Share in Companies, &c. ……………………………………..
Securities or Money ………………………………………………………………………………..
Cash on Hand ………………………………………………………………………………………….
Cash in Bank ……………………………………………………………………………………………
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) Int. in Est. W. N. Gray.
VALUE or AMOUNT
1,000 00
1,950
6,621
54,077
60
3,478
00
00
18
00
33
20,300 00
$85,536.51
I, P.B. Senecue ??? Manager of the Eastern Trust Company…………………………………….……………………………….
make oath and say that I am …………………………………………………………………………………………………………………….
and that the above is to the best of my knowledge, information and belief, a just and true Inventory and
Valuation of the Property of the said Deceased at the time of ……………………………………. death as far as I
can at present ascertain.
Sworn at ……………………………………………………………..
this ………………………… day of ……………………………….
A.D., 19………………, before me
P.B. Senecue ?????
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