In the Supreme Court

___________

In re

Estate FREDERICK COLLIER, late

Of St. John’s, Retired,

deceased

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OATH OF EXECUTOR

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Probate granted to Alice Maud

Cumming

On the 21st. day of March

A.D., 1938

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Value of Estate $ 10, 253.37

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Volume 9

Folio 528

To the Honourable the Supreme Court of Newfoundland or to One of the Honourable the Judges thereof.

The Petition of ALICE MAUD CUMMING of St. John’s, Widow HUMBLY SHEWETH – that,

1. Frederick Collier, late of St. John’s, Newfoundland, Retired, deceased, died at that place on or about the 30th day of January A. D. 1938, having previously made his last Will and Testament wherein he appointed Your Petitioner, the Executrix thereof.

2. The said deceased at the time of his death left him surviving as next-of-kin one brother, Samuel G. Collier, and an adopted daughter, Your Petitioner.

3. The said deceased at the time of his death was possessed  of property within the jurisdiction of this Honourable Court of the probable value
of $10, 253.37.

4. The paper-writing hereto annexed marked “A” is the said last Will and Testament of the deceased upon affidavit of Robert G. MacDonald, one of the subscribing witnesses thereto.

5. The paper-writing hereto annexed marked “B” is a 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 Probate of any Will nor Letters of Administration to the Estate of the said deceased have been applied for by or granted to any person.

Your petitioner therefore prays that this Honourable Court or Your Lordship shall be pleased to grant to her Letters of Probate of the said last Will and Testament of the said deceased,  And Your petitioner, as in duty bound, will ever pray, etc.

Dated at St. John’s, this 19th day of March, A. D. 1938.

Alice M Cumming LS

Written in the left margin

Fiat

March 19/38 ???J Higgins J

”A”

St. John’s Newfoundland

I Frederick Collier of this City retired, do declare the following to be my last Will and Testament.

First, in consideration of the care  and attention shown to me by my adopted daughter Alice Maud Cumming wife of George Cumming, I give, devise, and bequeath all my Land, with all erections thereon, and with all contents therein situated on the Road, leading to Portugal Cove, at present known as “Torquay”.

Also leasehold interest in land with dwelling house thereon situated on the  West side of Victoria Street, this city & at present occupied by one J. Inkpen. Also my leasehold interest on land  with dwelling houses, one, on the South side of Beaumont Street, now occupied by one Alcock. One on Power Avenue off Signal Hill Road, occupied by J. Collins. Also one, on the East side of Hayward Avenue, & occupied by Herbert Ash.

Also my interest in piece of Land & building thereon lately used as Stable the freehold of which being owned by  me and George Cumming in equal parts. I also give her any interest I may have in Land, with dwellings thereon numbers 53, 55, & 76 Cabot Street lately held under Lease from Williams Estate which lease has now expired and awaits renewal.

I also give to the foresaid Alice M. Cumming, my leasehold interest in land with dwelling, thereon situated on Collier Lane & now occupied by William Hammond, with the wish that she pay out of the profits thereof the sum of Fifty Dollars, to my friend Edwin Makes? Hamlyn of Kent England. to be paid as most convenient to her.

With regard to my Freehold Land with dwelling thereon situated on the East side of Quidi Vidi Road, No. 116, now occupied by Roberts, it is my will that said Alice M Cumming, have & enjoy the same for & during her life time, but in the event of death, before her youngest child, come to the age of  Twenty three years, the profits from the  said property, may be devoted to the Education, or keep of her children until that time. And at such time, if there be either male descendant of my nephews Eric or Charles Collier or if more than one, then to the first born

I give the Freehold forever; but if  there be no male Collier descendant, at such time, then the said Property to revert to my Estate, the said Estate to pay to pay to the Trustees of the Church of England Orphanage the sum of  Five Hundred Dollars, to be devoted to a Collier fund, to help defray expenses of ????? of ???????.

With regard to the Forest Road Property now occupied by myself it is my will that this also be held and enjoyed by Alice Maud Cumming for her lifetime, together with the Cottage situated thereon & now occupied, G. Peircey and after her death I give

I give and bequeath the whole to my nephew Eric Collier or his children, or Son if having one, but if Forest House be occupied by Alice Cumming & her  family at the time of her death, it is my wish, that the family may still continue to occupy the same for twelve months if they so wish to give them time to make other arrangements.

And further with regard to this property as it has been in the family of my  late mother for seven generations, it shall not be Sold, Morgaged, Exchanged, or conveyed in any way, from the ???? ????? of said family for ever.

To Eric Collier, Charles Collier, Mabel Bastow, & Gladys Grant I give the piece of land on the West side of Quidi  Vidi Road (once part of Wm. Carnell Estate) in four equal shares.

To my brother Samuel G Collier, I give large family Bible (Carnells) The Gold Ring & Clasp, Gold Watch ?? & Silver Spectacles all All formerly belonging to Mother’s Great Grandfather Judge (grand is inserted) Gill. Also 4 silver spoons & ??? Tongs & old satin needle work, belonging to late Mother

 Lastly, together with all other bequests to Alice Maud Cumming, I give devise and bequeath to her all remaining  properties, furniture, and effects, money or all whatsoever or wheresoever real or personal remaining after payment of all just dues, debts, or demands whatsoever on my Estate, and I do hereby appoint the said Alice M Cumming  be the sole Executrix of this my last Will and Testament, giving her full authority to do & dispose of my Estate where not otherwise directed, how & as she may think fit. In the event of the death of Alice M Cumming not leaving any children or not having made other disposal of any bequests to her made, she having full power to do so, the same will revert to my Estate.

In witness of the before written as my last Will and Testament, I hereby subscribe my name.

Fredk Collier LS

Signed and declared by the fore said Frederick Collier, as, and for  his last Will & Testament, in our presence at whose request and in whose presence and in the presence of each other, we have hereunto subscribed our names as witnesses.

Fredk Collier LS

Robert G MacDonald LS

Jesse Gruchy LS

Dated this Third day of December A. D. One thousand and Nine Hundred and Thirty five, at St. John’s Nfld.