NL GenWeb Wills
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Will of John Maxwell Cron |
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This is a seven page document from the Supreme Court of Newfoundland in June
2005 Page one In the Supreme Court In re J. Maxwell Cron. deceased. ======================= OATH OF ADMINISTRATOR WITH THE WILL ANNEXED ======================= Administration granted to Henry J. Burnell On the 19th day of October 1927 Value of Estate $ 2542.00 Sureties Eldred? Hawkins James Crawford ======================= Vol. 8 Folio 464
Page two To the Honourable the Supreme Court or one of the Honourable the Judges thereof. The petition of Charles Cron of Harbour Grace Newfoundland, Medical Practitioner. HUMBLY SHEWETH : 1. J. Maxwell Cron late of Harbour Grace aforesaid, Grocer, died there on the 26th day of September 1927 having first made and published his last Will and Testament which is hereunto annexed marked “A”. 2. The testator appointed the Royal Trust Company of St. John’s Executors and Trustees of the said Will which Executorship said Royal Trust Company have renounced. 3. Your petitioner is a beneficiary in trust under the said Will. 4. A consent of all of the beneficiaries in the said Will mentioned to this application who are within the jurisdiction of your Honour- able Court is hereunto annexed marked “B”. 5. Kate Cron wife of the testator deserted the said testator her husband during the month of September 1926 when she left for America and previous to June of that year lived without Newfoundland and apart from her said husband for about eight years and your petitioner is not aware whether the said Kate Cron survived the testator. 6. When the said Kate Cron deserted her said husband during the month of September 1926 as aforesaid she took with her James Cron one of the beneficiaries in the said Will who is the infant son of the said Kate Cron and the said Testator. 7. The age of the said James Cron is about eight years and your petitioner is not aware whether or not the said James Cron survived his father the said testator. 8. A full just and true inventory and valuation of the property of the Testator within the jurisdiction of your Honourable Court at the time of his death as far as your petitioner can at present ascertain are set forth in the paper writing hereto annexed marked “C”. 9. Upon the petition of G. Browning & Son Limited a Creditor of the testator Mr. Justice Kent ordered that the said J. Maxwell Cron and his Creditors appear before him in Chambers in the Court House St. John’s on the 28th September last at 11. a.m. and the said Mr. Justice Kent further ordered that Henry J. Burnell be appointed trustee of the estate and effects of the said J. Maxwell Cron and thereupon the said Henry J. Burnell investigated the affairs of the said J. Maxwell Cron and is conversant with same. 10. On the 28th September last the said insolvency proceedings were dissolved owing to the death of the said J. Maxwell Cron. 11. No Letters of probate of any Will of nor Letters of Administration of the estate of the said deceased have issued from your Honourable Court. Your Petitioner prays that in the interest of the estate of the said J. Maxwell Cron that Letters of Administration with the Will annexed on the bottom left corner of this page opposite the word annexed were initials J with a C overwritten in the left margin of this page the words Fiat WH Horwood C./ Oct 19/27
Page three annexed be granted to the said Henry J. Burnell and in duty boundwill ever pray &c. Dated at Harbour Grace this 17th day of October 1927.
Charles Cron LS Newfoundland. Harbour Grace. to-wit: I, Charles Cron of Harbour Grace aforesaid, Medical Practicioner, petitioner named in the foregoing petition make oath and say that the matter and things therein set forth are just and true to the best of my knowledge information and belief. SWORN before me at Harbour ) Grace aforesaid this 17th day ) Charles Cron LS Of October 1927. ) ) John Casey LS ) Commissioner Underneath the word Commissioner is affixed a Newfoundland Inland Revenue stamp with a value of 25 cents. Page Four “A” This is the paper-writing marked “A” referred to in the petition of Charles Cron dated the 14th day of October 1927 and verified by his affidavit sworn before me this 17th day of October 1927. John Casey LS – Commissioner This is the Last Will and testament of me J. Maxwell Cron of Harbour Grace, New- foundland Grocer, and I revoke all former Wills by me made. I appoint and nominate The Royal trust Company which has a branch office at St. John’s, Newfound- land executor and trustee of this my Will, hereinafter called “my executor”. I give devise and bequeath to my executor all my estate of every description whatsoever and wheresoever situate upon the following trusts namely (1) to pay all my debts rightly due, and all funeral and testamentary expenses (2) during the minority of my son James and until his attaining the age of twenty one years to pay only for a thoroughly good and complete education including a university education of my said son and for medical and surgical and dental treatment of my said son (3) upon my said son attaining the age of twenty one years to pay and transfer to him the total balance of my estate for his absolute use and benefit (4) if my said son should predecease me or die before attaining twenty one years of age to pay the proceeds of the realization of my estate as follows one quarter to my brother Charl in trust for his children equally to be used for their and each of their benefit or be given each when and in such amounts as my brother Charl shall deem right and discreet one quarter to be given equally to my sisters of the half
Page five half blood only excluding Alice J. (Cron) McGrath and Frances (Cron) Beveridge my full sister one half to my half sister the said Alice J. (Cron) McGrath. In witness whereof I have hereunto sub scribed my name to this my last will at St. John’s Newfoundland this 19th day of March 1927. Signed by the testator as and ) J. Max. Cron LS for his last will in our pre- ) sence who in his presence ) and in the presence of ) each other have hereunto ) subscribed our names as ) witnesses. ) Mary Jane ? LS T. Scanlan McGrath LS This is the paper-writing marked “A” referred to in the affidavit Of T. Scanlan McGrath sworn before me the 15th day of October 1927. D.Q Kent Comr.
Page six ‘B’ Initials here of J with C overwritten TO ALL WHOM THESE PRESENT shall come Mary Grimes, Lilian Cron, Alice I (Cron) McGrath SEND GREETING: WHEREAS our half brother J. Maxwell Cron late of Harbour Grace died there on the 26th September 1927 having first made and published his last will and testament AND WHEREAS the Executor in the said Will named The Royal Trust Company of St. John’s (who) has renounced Executorship thereof AND WHEREAS the said Mary Grimes, Lilian Cron, Alice I (Cron) McGrath are legatees under the said Will AND WHEREAS we are desirous that our half brother Charles Cron of Harbour Grace aforesaid, Medical Practitioner, a legatee in trust under said Will apply to the Supreme Court of Newfoundland for a grant of Letters of Administration with the Will annexed to the estate of the said J. Maxwell Cron to H.J. Burnell. NOW THESE PRESENTS WITNESS that the said Mary Grimes, Lilian Cron, Alice I. (Cron) McGrath hereby authorize the said Charles Cron to make the said application and hereby assent thereto. IN WITNESS WHEREOF the parties hereto have hereunto subscribed their hands this 10th day of October A.D. 1927. SIGNED SEALED AND DELIVERED by Mary Grimes ) -- in the presence of -- ) Mary Grimes LS Mary Jane ? LS ) ) SIGNED SEALED AND DELIVERED by Lilian Cron ) Lilian Cron LS -- in the presence of -- ) T Scanlan McGrath LS ) ) SIGNED SEALED AND DELIVERED Alice J. (Cron) McGrath LS by Alice I (Cron) McGrath ) --in the presence of -- ) T. Scanlan McGrath )
Page seven KNOW ALL MEN BY THESE PRESENTS that The Royal Trust Company of St. John’s, Newfoundland hereby renounces and disclaims the offices of executor and trustee under the Will of J. Maxwell Cron late or Harbour Grace Newfoundland, Grocer, who died there on the 26th Sept- ember 1927 and all estates and powers thereby expressed to be given to or vested in the said Royal Trust Company of St. John’s aforesaid have subscribed their names and affixed the seal of the said Company on this 8th day of October 1927. to these presents.
WITNESS THE ROYAL TRUST CO. ST. JOHN’S, N.F. Mary Jane ? LS ? F. Inkpen MANAGER Transcriber's Notes: John Maxwell Cron was born in Harbour Grace December 23, 1884 as the first child and son of James Maxwell Cron and Frances Ross. They had two sons and two daughters. Frances died in 1888 and James later married Emma Martin in 1896. Emma was the eldest daughter of Matthew and Jane Maria Martin. Matthew was the brother of my great grandfather Frederick Martin. Emma was a school teacher and by 1890 she was principal of the Church of England High School in Harbour Grace. James and Emma had two sons and four daughters. As mentioned in the will: Mary Stuart Cron b. october 1899 married Rupert Grimes. Alice I Cron b. 1902 married Thomas Scanlon McGrath. They had two sons, John James McGrath, who died 1991, and Brian Cron McGrath, who died 1996. Brian was at one time, president, of Churchill Falls Corporation. I don't know if Lilian Maria Cron b. December 1900 married. |
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