NL GENWEB


Transcribed by Geoff Martin from a will obtained from the Newfoundland Supreme Court.
While I have endeavored to be as correct as humanly possible, there could be some typographical errors

TRANSCRIBER'S NOTES :

Samuel George Carnell Collier was my maternal great grandfather. He was a son of Charles Frederick Collier, sail maker from Dartmouth, England and Sarah Anne Carnell, daughter of John Carnell of Torquay, Torbay, Devon and Hannah Gill Harris of St. John's.

Samuel married Charlotte Augusta Wilkie, the last child and youngest daughter of Thomas Wilkie (a gunsmith) and Charlotte Leicester. Thomas Wilkie, father of Thomas Wilkie was a sergeant in the "Royal Victoria Regiment" and "Royal Newfoundland Regiment" and lived in St. John's between 1812 and 1826. His occupation was an armourer.

Charlotte Mabel Collier and Laura Wilkie Collier were the two children of Samuel and Charlotte who survived. A brother, John Frederick Collier died in March, 1909 just before he turned 26 years of age. John is mentioned in the will as son Jack.

Charlotte married Hugh Alan Bastow, son of Marldon Allan Bastow and Fanny Jane Atwell. Gordon John Collier Bastow, Douglas Frederick Bastow, Gerald Hugh Bastow and David Alan Bastow were sons.

Laura Wilkie Collier married Frederick Charles Grant of Trinity, son of Richard Grant from Bird Island Cove (now Elliston). Gladys G Grant and John (known as Jack) Frederick Collier Grant were their children and thus grandchildren of Samuel.

Jane Emeline Wilkie was a sister of Charlotte Augusta Wilkie, wife of Samuel Collier. She married George William Udle, a house painter. The first born child and son of George and Jane was Charles Wilkie Udle.

Eric Harold Collier was the son and only child of Nicholas James Collier and Ellen Louisa Pack.

Charles Frederick Collier was the son of Frederick William Collier and Mary Catherine ?? Charles was the GREAT nephew of Samuel Collier. Frederick William Collier was the son of John William Collier, brother of Samuel George Collier.

Will of Samuel Collier
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In the Supreme Court

___________

In re

Samuel G. Collier

deceased

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OATH OF EXECUTOR

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Probate granted to Hugh A. Bastow and Charlotte A. Collier on the 13th. day of February A.D., 1939

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Value of Estate $ 16.268,52

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Volume 9

Folio 592

TO THE HONOURABLE THE SUPREME COURT OF NEWFOUNDLAND  OR TO ONE OF THE HONOURABLE THE JUDGES THEREOF. THE PETITION of Hugh A. Bastow, of St. John’s, in the Island of Newfoundland, Accountant, and Charlotte A. Collier of the same place Widow, by their Solicitor E. S. Pinsent, HUMBLY SHEWETH that:

1. Samuel George Collier, late of St. John’s, aforesaid, Retired Under- taker, died at  the said place on the 27th day of January, 1939, having previously made his Last Will and Testament whereof he appointed  his wife, Your Petitioner, and his Son-in-law Frederick Grant the  Executors thereof.

2. The said Frederick Grant died at St. John’s, aforesaid, on the 11th day of July A.D. 1936.

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. On the last page of the said Will there are two Codicils duly proven upon the affidavit of your petitioner, Hugh A. Bastow.

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. The said deceased at the time of his death left certain property situate within the jurisdiction of this Honourable Court.

7. 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 Petitioners, therefore, pray that this Honourable Court  or Your Lordship shall be pleased to grant to them 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 10th day of February A. D. 1939.

E. S. Pinsent

PETITIONER’S SOLICITOR

Written in the left margin,

Fiat

February 13/39 WH ??????/ C/

”A” This is the paper writing marked A which is the affidavit of Earl S. Pinsent, made before me on the day of February 1939 is deposed to be the last will and Testament of the Testator herein named.

Dated the 11th day of February 1939

Robert Alsop

Clerk

THIS IS THE LAST WILL AND TESTAMENT of me SAMUEL GEORGE COLLIER, of St. John’s, in the Island of Newfoundland, Undertaker.

FIRST – I give, devise and bequeath to my Nephew Eric Collier the sum of Two hundred dollars.

SECOND – I give, devise and bequeath to the Tasker Educational Fund the sum of Fifty dollars; To the Church of England Orphanage at St. John’s, aforesaid, the sum of One hundred dollars, and to the Methodist Orphanage, of the said place, the sum of Fifty dollars.

THIRD – I give, devise and bequeath to my Sons-in-law, namely, Frederick Grant and Hugh Bastow as compensation for services to be rendered by them as Executors in connection with the distribution of my estate the sum of One hundred dollars each.

FOURTH - I give, devise and bequeath to my Executors hereinafter named the sum of One hundred dollars TO HOLD the same in trust to invest the same and apply the income, dividends and profits arising therefrom towards the repairs and up-keep of my plots in the Church of England Cemetery in St. John’s for a period of Twenty- one years after my death and for such a further period (if any) as shall be allowed by law. On the determination of the said periods my Executors are to expend the said sum of One hundred dollars on the beautifying of my said plots and the balance (if any) on the beautifying of the Cemetery.

FIFTH - I give, devise and bequeath my land, dwelling-house and premises situate on the South side of Hamilton Street in St. John’s aforesaid, and in which I now reside, together with all my household furniture and effects and also my land and all other erections thereon situate in the rear of the said Dwelling-House unto my Executors. hereinafter named IN TRUST for my Wife during her lifetime, she paying all taxes, insurance premiums and other charges in respect therof out of the income of my estate, save and except any charge in the nature of repairs which I authorize and empower her to make out of the capital of my estate if she in her sole discretion thinks fit. And I declare that after the delivery to my said Wife of the said household fur- nature and effects, my said Executors shall not be obliged to see to the preservation of the same or any part thereof, nor be answerable for any loss or injury thereto which may happen during the life of my said wife.

SIXTH - On the death of my said Wife I give and devise the  following bequests, namely:- To my daughter Charlotte Mabel Bastow my Electric Lamp and Address recently presented to me by Avalon Lodge of St. John’s, To Laura Grant the large Picture  of myself and the Picture of my Mother, To my Grand-daughter  Gladys G. Grant my Silver Tea Service presented to me by the  said Avalon Lodge, To my Grand-son John Grant my Watch and Chain, To my Daughter Charlotte Mabel Bastow the Clock presented to me by the Masonic Grand Lodge in Newfoundland under the  English Constitution, also the Photograph of the old Grand Lodge as well as the Photograph of my son Jack and myself, To  my Nephew Charles W. Udle my Masonic Past Master’s Jewel with the Blue Stone, To my said Nephew Eric Collier my Masonic Ring, To my Nephew Charlie Collier my Gold One Dollar Tie Pin, To my said Son-in law Hugh Bastow my other Masonic Past Master’s Jewel also Tie Pin marked 1908, To my said Son-in-law Frederick Grant Two Sacred Pictures in my Bedroom, To my Grand-sons Gordon Bastow, Gerald Bastow, Douglas Bastow and David Bastow my Sons of England Jewels and my Oddfellows Jewels. To my said daughter Charlotte Mabel Bastow my old Clock in the kitchen, and to the Directors of Bishop Feild College and their Successors in office my four Steel Engravings, namely:- “Nelson on the San Jose”, “Meeting of Wellington and Blucher”, “The Roll Call” and “Quarter Bras”, which said engraving I desire to have hung in Bishop Feild College. All the remainder of my household furniture and effects I direct my said Executors to sell the same and divide the proceeds of such sale equally between my said Daughters Laura Grant and Charlotte Mabel Bastow.

SEVENTH – I hereby authorize my said Executors to sell my Bond For Five hundred dollars in the Via Biscuit Company and to divide The proceeds of such sale equally between my Grand-sons Gordon Bastow, Gerald Bastow, Douglas Bastow, David Bastow and Jack Grant.

EIGHTH – On the death of my wife I give, devise and bequeath to my said daughter Charlotte Mabel Bastow my land situate in the rear of my said house on Hamilton Street, aforesaid, on which my garage is built together with the said Garage as well as all rights I have to enter on the land surrounding the said premises for the purpose of effecting repairs and painting and otherwise. I also give to my said daughter Charlotte Mabel Bastow the small piece of land immediately in front of my said Garage and bounded on the West and North by the boundary fence of my garden on which my house is erected and on the East by a right of way.

NINTH – On the death of my said wife I give, devise and bequeath my dwelling house and land and premises in connection therewith to my said daughters Laura Grant and Charlotte Mabel Bastow together with all rights of way used in connection therewith TO HOLD the same as tenants in common for ever. Should either or both my  said children die during my lifetime the bequests hereinbefore and hereinafter in this my Will made in her or their favour shall be divided equally between her or their children so that the children of any deceased child of mine shall take his or her parents share equally share and share alike.

TEN – All the rest residue and remainder of my estate of whatso- ever nature and wheresoever situate I give, devise and bequeath to my said Wife during her life and after her death to be divided equally between my daughters. And I declare that my said wife may expend the whole or any part of the said residue of my estate during her life in such manner and at such time or times as my said wife shall in her discretion determine.

ELEVENTH – I hereby authorize my Executors, if they shall in their discretion think proper, to continue to hold any or all investments or securities which I may hold or be possessed of at the  Time of my decease without being answerable for any loss arising Thereby.

TWELFTH – I appoint my said wife and my said Sons-in-law Frederick Grant and Hugh Bastow to be the Executors of this my Will.

IN WITNESS WHEREOF I have hereunto my hand subscribed this 12th day of October Anno Domini One thousand Nine hundred and Thirty-three.

SIGNED by the Testator as and for his Last Will and Testament in Samuel G Collier LS our presence, who, in his presence and in the presence of each other have hereunto subscribed our July/34 P. S. I now give to my names as witnesses. daughter Mable Bastow the piece of silver Plate presented to me by the Edna C Mercer LS directors of the Masonic Insurance to be handed on to her children in remembrance.

E S Pinsent Signed

Samuel G Collier LS

Codicil Janny/37 I give devise and bequeath to the Church of England Cemetery Committee, the sum of  Twenty five dollars $25.00 to be used for the new concrete fence whenever erected on Forest Road.

Signed

S.G. Collier LS


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