Thomas Lister

Life events

1. about 1820

   Birth^1–4

   England

2. 16 May 1846

   Marriage

   Etobicoke, York County, Ontario, Canada

   with Catherine Stinson 1824–1906

   St. Philips Church, married by Rev. Thomas Phillips, witnesses George Kidd & A. Stinson

3. 1861

   Residence²

   York County, Ontario, Canada West

4. 17 Mar 1879

   Property⁵

   Etobicoke Township, York County, Ontario, Canadapart lots 27 and 28, Concession B

   Edwin W. Musson sold the 130-acre "Brook Dale Farm" in Etobicoke to farmer Thomas Lister for a total of $6,250. The transaction, witnessed by law student Herbert Bolster, included a formal dower release by Musson’s wife, Mary, and established Lister's ownership of the land stretching from the local creek to the Weston Road.

   Deed Transcript

   Deed Transcript

   Nº 1518 Entered & Registered 17th March 1879 at 3.45 P.M. John Ridout Reg.

   This Indenture made (in duplicate) the Seventeenth day of March One Thousand eight hundred and Seventy nine In pursuance of the Act respecting short forms of Conveyances, Between Edwin W. Musson of the City of Toronto in the County of York Gentleman of the first part Mary Musson wife of the said Edwin W. Musson of the second part and Thomas Lister of the Township of Etobicoke in the County of York Farmer of the third part, Witnesseth that in consideration of Six Thousand Two Hundred and Fifty Dollars of lawful money of Canada now paid by the said party of the third part to the said party of the first part (the receipt whereof is hereby by him acknowledged) he the said party of the first part doth grant unto the said party of the third part his heirs and assigns for ever, All and Singular that certain parcel or tract of land and premises, situate lying and being in the Township of Etobicoke in the said County of York, being all those portions of Lots number Twenty seven and Twenty Eight in broken Concession letter B. of the said Township of Etobicoke Known as "Brook Dale Farm" Containing one hundred and Thirty acres more or less which said portions of said lots are butted and bounded as follows, Commencing at the allowance for road between Concessions letter B. and letter A. and at the boundary between Lots numbers Twenty eight and Twenty Nine, Thence South sixteen degrees East along the Easterly limit of said allowance for road to the boundary between Lots, Twenty Seven and Twenty Eight, thence continuing south sixteen degrees east along said line of said Road for the distance of ten chains eight and one half links more or less to the middle of Lot number Twenty Seven thence North Seventy six degrees six minutes east on a line parallel with boundary line between lot number Twenty Seven and Twenty eight for the distance of thirty five chains thence north sixteen degrees West to a line parallel with the line of allowance for road between Concessions B & A. Ten Chains eight and one half links more or less until it strikes the boundary line between Lots Twenty seven and Twenty eight thence North seventy six degrees six minutes East along said last named boundary line Four chains and Seventy five links more or less until it strikes the board fence running in a Northerly direction down the steep bank of the small Creek, thence following the same direction in a line with the board fence on the east side of the orchard on Lot number Twenty Eight till it strikes the board fence running Easterly thence North forty five degrees twenty six minutes East along the line of said boarded fence five chains fourteen and one half links more or less to the Albion now called the Western Road at a point about one rod from the present Tollgate South of the same thence Northerly along the West limit of said Albion Road Thirteen Chains and Sixty one links more or less until it strikes the boundary line between Lots Twenty Eight and Twenty Nine thence South Seventy five degrees eleven minutes West along the said last mentioned boundary line thirty eight chains and forty three links more or less to the place of beginning, To have and to hold unto the said party of the third part his heirs and assigns to and for his and their sole and only use for ever Subject nevertheless to the reservations limitations, provisoes and conditions expressed in the original Grant thereof from the Crown.

   The said party of the first part covenants with the said party of the third part that he has the right to convey the said lands to the said party of the third part notwithstanding any act of the said party of the first part And that the said party of the third part shall have quiet possession of the said lands, free from all incumbrance And the said party of the first part covenants with the said party of the third part that he will execute such further assurances of the said lands as may be requisite And the said party of the first part covenants with the said party of the third part that he has done no act to incumber the said lands. And the said party of the first part releases to the said party of the third part all his claims upon the said lands and the party of the second part wife of the party of the first part hereby bars her dower in the said lands.

   In Witness Whereof the said parties have hereunto set their Hands and Seals.

   E. W. Musson

   Mary Musson

   Signed Sealed and delivered in the presence of }

   Herbert Bolster

   Received on the day of the date of this Indenture from the said party of the third part the sum of Six thousand two hundred and fifty Dollars mentioned.

   E. W. Musson

   Witness

   County of York To Wit I Herbert Bolster of the City [of Toronto] Student at Law make oath and say:

   1. That I was personally present and did see the within instrument and duplicate duly signed sealed and executed by E. W. Musson and Mary Musson two of the parties thereto.

   2. That the said instrument and duplicate were executed at the City of Toronto aforesaid.

   3. That I know the said parties.

   4. That I am a subscribing witness to the said instrument and duplicate.

   Herbert Bolster

   Sworn before me at the City of Toronto in the County of York this Seventeenth day of March in the year of our Lord 1879.

   W. Maloch

   A Commissioner for taking Affidavits in B.R.&e

5. 2 Jul 1879

   Property⁶

   Edwin W. Musson of Toronto transferred a mortgage to Joseph Cawthra and William Mellick, who were acting as trustees for Mary Mulock. This mortgage, which was for the sum of 10 percent interest, had been originally issued on March 17th, 1879, by Etobicoke farmer Thomas Lister. The security for the mortgage was Brook Dale Farm, a 130 acre property located on parts of lots 27 and 28 in concession B of Etobicoke Township. The trustees purchased the rights to this mortgage from Musson for a consideration of $957.

   Deed Transcript

   Deed Transcript

   Nº 1600

   Entered & Registered 2nd July 1879. at 3. 51. P.M. John Ridout Reg.

   This Indenture made (in duplicate) the Second day of July one thousand eight hundred and Seventy nine. Between Edwin W. Musson of the City of Toronto in the County of York, Gentleman, hereinafter called the Assignor of the first part, and Joseph Cawthra of the Village of Newmarket in the County of York Esquire, and William Mellick of the City of Toronto in the said County of York Esquire, Trustees for Mary Mulock of the said City of Toronto, hereinafter called the Assignees of the Second part, Whereas by a Mortgage dated on the Seventeenth day of March one thousand Eight hundred and Seventy nine, one Thomas Lister of the Township of Etobicoke in the County of York Farmer, did grant and Mortgage the land and premises therein and hereinafter described to the said Edwin W. Musson his heirs and assigns for securing the payment of One thousand dollars and interest at the rate of ten per cent per ann, and there is now owing upon the said Mortgage the said sum of One thousand Dollars and interest from the date of said Mortgage, Now this Indenture Witnesseth, that in consideration of Nine hundred and Fifty Seven dollars of lawful money of Canada now paid by the said Assignees to the said Assignor (the receipt whereof is hereby acknowledged, the said Assignor Doth hereby assign and deliver unto the said Assignees and their executors, administrators and assigns All that the said before in part recited Mortgage, and also the said sum of One thousand Dollars and interest now owing as aforesaid, together with all moneys that may hereafter become due or owing in respect of said Mortgage and the full benefit of all powers and of all Covenants and provisoes contained in said mortgage, and also full power and authority to use the name or names of the said Assignor his heirs, executors, administrators or assigns for enforcing the performance of the Covenants and other matters and things contained in the said Mortgage, And the said Assignor Doth hereby grant and convey unto the said Assignees their heirs and assigns, All and Singular that certain parcel or tract of land and premises situate lying and being in the Township of Etobicoke, in the said County of York being all those parts of lots number Twenty Seven and twenty Eight in broken Concession letter B. of the said Township of Etobicoke Known as Brook Dale Farm, containing one hundred and thirty acres more or less which said portions of said Lot, are butted and bounded as follows, Commencing at the allowance for road between Concession letter B. and letter A. at the boundary between lots numbers Twenty Eight and Twenty nine, then South Sixteen degrees East along the Easterly limit of said allowance for road to the boundary between Lots twenty seven and twenty Eight, thence continuing South Sixteen degrees East along said limit of said road for the distance of ten chains Eight, and one half links more or less to the middle of Lot Number Twenty Seven, Thence North Seventy Six degrees five minutes East in a line parallel with the boundary line between Lot numbers twenty seven and twenty Eight for the distance of thirty five chains, thence North Sixteen degrees West in a line parallel with the line of allowance for road between Concession B and A. Ten chains Eight, and one half links more or less until it strikes the boundary line between lots twenty seven and twenty eight, thence North Seventy Six degrees Six minutes East along said last named boundary line four chains and Seventy five links more or less until it strikes the board fence running in a northerly direction down the steep bank of the Small Creek, thence following the same direction in a line with the board fence on the East side of the Orchard on lot number Twenty Eight till it strikes the board fence running easterly, thence North forty five degrees Twenty Five minutes East along the line of said board fence five chains fourteen, and one half links more or less to the Albion now called the Weston Road at a point about one rod from the present Tollgate South of the same, thence Northerly along the West limit of said Albion Road, thirteen chains and Sixty one links more or less until it strikes the boundary line between lots twenty eight and twenty nine, thence South Seventy five degrees eleven minutes West along the said last mentioned boundary line thirty eight chains and forty three links more or less to the place of beginning, To have and to hold, the said Mortgage and all moneys arising in respect of the same and to accrue thereon, and also the said land and premises thereby granted and mortgaged To the use of the said Assignees their heirs executors, administrators and assigns absolutely for ever but subject to the terms contained in such mortgage, and the said Assignor for himself his heirs, executors administrators and assigns do hereby Covenant with the said Assignees their heirs executors, administrators and assigns, that the said Mortgage hereby assigned is a good and valid Security and that the said sum of One thousand Dollars and interest is now owing and unpaid, and that he has not done or permitted any act matter or thing whereby the said mortgage has been released or discharged either partly or in entirety; and that he will upon request do perform and execute every act necessary, to enforce the full performance of the covenants and other matters contained therein, In Witness Whereof, the said parties have hereunto set their hands and Seals the day and year first above written.

   E. W. Musson

   Signed Sealed and Delivered In the presence of }

   T. Pinkney

   Received on the day of the date of this Indenture from the said Assignees the sum of Nine hundred and fifty Seven Dollars.

   E. W. Musson

   Witness: T. Pinkney

6. about 1881

   Residence³

   York West, Ontario, Canada

7. 12 May 1886

   Property⁷

   Etobicoke Township, York County, Ontario, CanadaParts of lots 28 and 29, Concession B and C

   Walter James Musson sold the 111-acre "Humber Vale Farm" in Etobicoke to farmer Thomas Lister for a total consideration of 7,116.05. As part of the transaction, Lister took over an existing 4,000 mortgage on the property, which Musson had inherited through his late father's will.

   Deed Transcript

   Deed Transcript

   Nº 2891 Entered and Registered the 17th day of July A D 1886 at 11.25 OClock A M Ck. in Dep. Reg

   This Indenture made in Duplicate the Twenty fifth day of May in the year of our Lord One thousand Eight hundred and Eighty six In pursuance of the Act respecting short forms of Conveyances Between Walter James Musson of the City of Toronto in the County of York and Province of Ontario Gentleman a Widower of the First part and Thomas Lister of the Township of Etobicoke in the County of York Farmer of the Second part Witnesseth that in consideration of Seven Thousand one hundred and Sixteen 5/100 Dollars of lawful money of Canada now paid by the said party of the second part to the said party of the first part (the receipt whereof is hereby by him acknowledged) He the said party of the first part Doth Grant unto the said party of the second part his heirs and assigns for Ever All and Singular those Certain parcels or tract of land and premises situate lying and being in the Township of Etobicoke in the said County of York containing by admeasurement One hundred and Eleven and one fifth acres and being composed of those portions Lot Numbers Twenty Eight and Twenty nine in Concessions B and C of the said Township of Etobicoke devised by the late Thomas Musson of the said Township of Etobicoke to the said Walter James Musson said portions so devised being marked on the diagram annexed to the Will of the said Thomas Musson as Humber Vale Farm and colored Red which said Will has been duly proved in the proper Surrogate Court for the County of York and is Registered in the Registry office of the said County of York as number 90724.

   To have and to hold unto the said party of the Second part his heirs and assigns to and for his and their sole and only use for Ever Subject nevertheless to the reservations limitations provisoes and conditions expressed in the original Grant thereof from the Crown and subject also to a Mortgage for Four Thousand Dollars dated the Ninth day of December 1884 made by the said Walter James Musson to the Western Canada Loan and Savings Company which amount is included in and forms part of the consideration herein expressed.

   The said party of the first part covenants with the said party of the Second part that he has the right to convey the said lands to the said party of the Second part notwithstanding any act of the said party of the first part and that the said party of the Second part shall have quiet possession of the said lands free from all incumbrances Except as aforesaid and the said party of the first part covenants with the said party of the Second part that he will execute such further assurances of the said lands as may be requisite and the said party of the first part covenants with the said party of the Second part that he has done no act to encumber the said lands except as aforesaid and the said party of the first part Releases to the said party of the second part all his claims upon the said lands and the said party of the second part covenants with the said party of the first part that he will pay the principal and interest secured by the said in part recited Mortgage as the same becomes due and save him the said party of the first part harmless and indemnified from all loss or damage which may arise in consequence of the non payment thereof.

   In Witness Whereof the said parties hereto have hereunto set their hands and seals.
   W J Musson SS
   Thomas Lister SS

   Signed Sealed and Delivered in the presence of
   Joseph Jackes

   Received on the day of the date of this Indenture from the said party of the Second part the sum of Seven thousand One hundred and sixteen 80/100 Dollars as within mentioned $ 7116 80/100.

   Witness: W J Musson, Joseph Jackes

   County of York To Wit } I Joseph Jackes of the City of Toronto in the County of York Solicitor make oath and say:

   That I was personally present and did see the within Instrument and Duplicate thereof duly signed sealed and executed by Walter James Musson and Thomas Lister two of the parties thereto.

   That the said Instrument and Duplicate were executed at the City of Toronto aforesaid.

   That I know the said parties.

   That I am a subscribing witness to the said Instrument and Duplicate.

   Joseph Jackes

   Sworn before me at the City of Toronto in the County of York this 24 day of June in the year of our Lord 1886.

   Chas B Jackes A Commissioner for taking affidavits in H. C. J.

8. 2 Dec 1886

   Property⁸

   Etobicoke Township, York County, Ontario, Canada

   This 1886 certificate confirms that Thomas Lister fully satisfied the financial obligations of a mortgage originally issued to Edwin W. Musson in March 1879. The legal discharge was executed by trustees Joseph Cawthra and William Mullock, with the formal affidavit of execution sworn by James Crowther Jr. before Commissioner James Tilt.

   Transcription of Document No. 2975

   Transcription of Document No. 2975

   No. 2975 Entered & Registered the 6th day of December AD 1886 at 11.32 O’Clock A M (Signed) J. Ridout, [by Deputy]

   Province of Ontario To Wit

   To the Registrar of the County of York

   We, Joseph Cawthra of the village of Newmarket in the County of York, Esquire, and William Mullock of the City of Toronto in the said County of York, Esquire, Trustees for the late Mary Mulock deceased, Do Certify that Thomas Lister of the Township of Etobicoke in the County of York, Farmer, hath satisfied all monies due or to grow due on a certain mortgage made by him to one Edwin W. Musson of the City of Toronto.

   Which Mortgage bears date the Seventeenth day of March A D 1879 and was registered in the Registry Office for the County of York on the 17th day of March A D 1879 at 45 minutes past 3 o'clock in the afternoon in Liber K. for the Township of Etobicoke as No. 1519.

   And that such mortgage has been assigned, which said assignment bears date the second day of July A D 1879 and was registered in the Registry Office for the County of York on the 2nd day of July A D 1879 at fifty-one minutes past three o'clock in the afternoon in Liber K. for the Township of Etobicoke as No. 1600.

   And that we are the persons entitled by Law to receive the money, and that such Mortgage is therefore discharged.

   Witness my hand this Second day of December 1886.

   (Signed) William Mullock

   (Signed) Jos. Cawthra

   } Trustees

   Witness: (Signed) James Crowther

   * * *

   Affidavit of Execution

   County of York To Wit

   I, James Crowther Junior of the City of Toronto, Solicitor, make oath and say:

   1. That I was personally present and did see the within Certificate of Discharge of Mortgage executed by William Mullock and Joseph Cawthra parties thereto at Toronto.

   2. That I am a subscribing witness to such execution.

   3. That I know the said parties.

   Sworn before me at the City of Toronto in the County of York this 4th day of December in the year of Our Lord 1886.

   (Signed) James Crowther jr

   (Signed) James Tilt

   A commissioner for taking affidavits &c

9. Jul 1899

   Burial⁹

   Etobicoke Township, York County, Ontario, Canada

   plot N2.1

10. 16 Jul 1899

    Death¹⁹¹⁰

    Etobicoke, York County, Ontario, Canada West

11. 3 Jan 1900

    Probate¹¹

    Toronto, York County, Ontario, CanadaSurrogate Court of the County of York

    Thomas Lister was an Etobicoke farmer whose 1899 estate, valued at approximately $10,010, primarily consisted of the "Humbervale" and "Brookdale" farm properties. His will established a trust to provide his wife with a life annuity and fulfill cash legacies for his children before the farmland was ultimately conveyed to his sons.

    Read more

    Thomas Lister, a long-time farmer in the Township of Etobicoke, passed away at his home on July 16, 1899, having dictated his final wishes just three days prior while in a state of failing physical health. Due to his serious condition, the will was prepared by solicitor Joseph Nason, who explained the contents to Lister rather than having him read it word-for-word to preserve his strength; Lister subsequently executed the document by affixing his mark. The resulting estate, valued at over $10,000, centered on two substantial agricultural properties: the "Humbervale Farm" and the "Brookdale Farm".

    Lister’s testamentary plan established a trust managed by his friends and executors, George Garbutt and William Charles Grubbe. The trustees were directed to lease the farms and use the collected rents to pay off existing mortgages held by Mr. Wadsworth and others, while also funding a $100 annual annuity for his wife, Catherine, and specific cash legacies for four of his children. Only after these financial obligations were fully satisfied was the land to be formally conveyed: the "Brookdale" property to his son Edward, and the remaining farm acreage to his sons Richard and Frank. This structured distribution ensured his wife’s continued support in lieu of dower while providing a clear, though deferred, inheritance of the family's land for his sons.
    Probate Transcript

    Page 1: Probate File Cover Jacket

    In the Surrogate Court of the County of York 13665

    In the Estate of Thomas Lister deceased

    Papers for Probate Filed Jan 3 / 900 Joseph Tait Registrar

    JOSEPH NASON BARRISTER, SOLICITOR, &c CANADA LIFE BLDG, 13665

    Page 2: Order for Probate

    In the Surrogate Court of the County of York

    In the Estate of Thomas Lister DECEASED.

    UPON READING THE APPLICATION of George Garbutt and William Charles Grubbe the affidavits and papers filed in support thereof, and the Report of the Registrar thereon, I do order that Probate issue to the Applicant.

    DATED at Chambers this 5th day of January A.D. 1900

    (Signed) Edw Morgan Surrogate Judge.

    Memorandum of Government Fees, and Fees payable to Judge and Registrar.

    PROCEEDINGS.

    - Application: Registrar 1.50, Judge .50, In Stamps .50

    - Receiving and examining papers, and entering application: Registrar 1.00

    - Every necessary notice to Surrogate Clerk: Registrar .25

    - Certificates of Surrogate Clerk: In Stamps .50

    - Receiving and entering Certificate: Registrar .25

    - Submitting Papers with Registrar's Report thereon to Judge to lead grant: Registrar .50

    - Grant—Value of property under 12000 (4600 & 5270): Registrar 2.00, Judge 2.00, In Stamps .50

    - Search for Will: Registrar .75, In Stamps .50

    - Recording Grant or other Instruments (3 folios):

    - Registrar 1.20 Transcript of Will (9 folios): Registrar .90

    - Certified Copy of Will for Surrogate

    - Clerk (9 folios): Registrar .90

    - Certificate: Registrar .50 Attending and entering every order or minute: Registrar .50, Judge .50

    - Filing necessary papers, each 10 cents: Registrar .30

    - Special attendance: Judge 1.00

    - Fiat on Bond: Judge .50

    - Total Fees: Registrar8.75, Judge $2.50, In Stamps 2.00∗∗Total:∗∗∗∗13.25\*\*

    Page 3: Registrar's Report

    In the Surrogate Court of the County of York

    In the Estate of Thomas Lister DECEASED.

    I have the honor to submit the following papers hereunto annexed in the above matter, all of which have been duly signed, sworn to and executed, namely:

    1. Application of George Garbutt, and W. C. Grubbe for Probate.

    2. Schedule of Real Estate, (valued at $9,870) and Inventory of Property valued at$140.

    3. Certificate of Surrogate Clerk.

    4. Affidavit of death and place of abode of the testator.

    5. Affidavit of value of property devolving.

    6. Affidavit of search for will.

    7. Affidavit of plight and condition and finding of Will.

    8. Affidavit of execution of Will.

    9. Will of Thomas Lister signed by Witness and Commissioner as an Exhibit.

    10. Oath of Executors.

    ALL OF WHICH I HUMBLY CERTIFY

    (Signed) Joseph Tait Registrar.

    TO HIS HONOR the Judge of the Surrogate Court of the County of York

    Page 4: Certificate of the Surrogate Clerk

    OFFICE OF THE SURROGATE CLERK.

    In the Estate of Thomas Lister, deceased, named in a certain Notice of Application for a grant of Probate dated the 2nd day of January A. D. 1900, as late of the Township of Etobicoke, in the County of York Farmer.

    I, ARTHUR STURGIS HARDY, the Surrogate Clerk, do hereby certify that no Notice of Application in respect to the property of the said deceased has been received by me from any of the Registrars of the Surrogate Courts (in Ontario) save the above from the Surrogate Court for the County of York for the Grant of Probate of the Will bearing date the 13th day of July A.D. 1899.

    And I further certify that no Caveat, or copy of a Caveat, against the Grant of Probate or Administration in the Property of the Deceased has been lodged with or received by me.

    Dated the 4th day of January A. D. 1900.

    To The Registrar of the Surrogate Court of the County of York Toronto

    (Signed) A. S. Hardy Surrogate Clerk.

    Page 5: Affidavit of Joseph Nason regarding the drawing of the Will (Part 1)

    IN THE SURROOGATE COURT OF THE COUNTY OF YORK.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York, Farmer, deceased

    I Jospeh Nason of the City of Toronto in the County of York Barrister-at-Law, make oath and say:--

    1. On the Thirteenth day of July in the year one thousand eight hundred and ninety-nine I attended Thomas Lister of the Township of Etobicoke in the County of York Farmer, at his place of residence for the purpose of drawing up his Will and he was at such time in a very serious state of health of body.

    2. The said Thomas Lister gave me definite instructions as to the manner in which he desired his property to be divided and who were to be the beneficiaries thereof, and what share was each of them to receive, and at what time each one was to receive his or her respective share in such property.

    3. Thereupon I drew the Will of the said Thomas Lister according to the instructions given by him to me and referred to in the preceding paragraph.

    4. The said Will is marked with the letter "A" and referred to in the affidavits of George Garbutt and William Charles Grubbe the Executors thereof, and the said Will with the said affidavits were filed by myself in the Surrogate Court of the County of York on the Second day of January instant.

    5. After drawing the said Will I informed the said Thomas Lister as to the devises and bequests in the said Will and the names of the beneficiaries thereof, and at what time each was to enter into the enjoyment of the same, and I asked him

    Page 6: Conclusion of Joseph Nason's Affidavit

    5\. (continued) ...from time to time if such was the way in which he wanted his property to go, and to each question he replied "yes" or in some other manner assented thereto, and finally I asked him whether he wished anything more to be put into the Will and he thereupon replied thereto "no".

    6\. The reason I did not read over the said Will to the said Thomas Lister was because he was at such time very seriously ill in body and to endeavor to convey to him the meaning thereof by reading the Will word for word to him would have been a very severe tax upon his bodily strength and would have hastened his demise as I verily believe.

    7\. Immediately thereafter the said Thomas Lister executed the said Will by affixing his mark thereto between his Christian name and his surname as appears by the said Will.

    8\. The said Thomas Lister was quite clear and decided in his mind not only when he gave me the instructions for drawing up his Will and when he assented to the provisions contained in the said Will as drawn up in pursuance of such instructions but also when he executed the said Will by affixing his mark thereto.

    Sworn before me at the City of Toronto in the County of York this Fourth day of January A. D. 1900

    (Signed) J. W. Monty A Commissioner for taking affidavits in H. C. J. &c.

    (Signed) Joseph Nason

    This affidavit is filed by the Executors by Joseph Nason their Solicitor

    Page 7: The Petition of the Executors

    Unto the Surrogate Court of the County of York.

    The Petition of George Garbutt and William Charles Grubbe both of the Township of Etobicoke in the County of York Farmers

    Humbly Sheweth:

    THAT Thomas Lister late of the Township of Etobicoke in the County of York Farmer deceased died on or about the Sixteenth day of July in the year of our Lord one thousand eight hundred and ninety-nine at the Township of Etobicoke in the County of York and that the said deceased at the time of his death had his fixed place of abode at the Township of Etobicoke in the said County of York.

    THAT the said deceased in his lifetime duly made his last Will and Testament bearing date the Thirteenth day of July in the year of our Lord one thousand eight hundred and ninety-nine.

    THAT your Petitioners are the Executors named in the said Will.

    THAT the value of the whole Property of the said deceased which he in any way died possessed of or entitled to, and for and in respect to which PROBATE of the said Will is to be granted is under ten thousand and ten dollars.

    THAT the value of the Personal Estate and Effects is under One hundred and forty dollars, and of the Real Estate is under nine thousand eight hundred and seventy dollars, and that full particulars and an appraisement of all said property are exhibited herewith and verified upon oath.

    WHEREFORE your Petitioners pray that Probate of the said Will of the said deceased may be granted to us by this Honourable Court.

    Dated the Thirtieth day of December A.D., 1899

    (Signed) George Garbutt (Signed) Wm C. Grubbe

    Page 8: Affidavit of Death and Place of Abode

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say:

    THAT I am one of the Executors named in the last Will of the said Thomas Lister deceased.

    THAT the said deceased died on or about the Sixteenth day of July in the year of our Lord one thousand eight hundred and ninety nine at his place of residence, at Lot number Twenty eight in Concession B of the Township of Etobicoke in the County of York and that the said deceased at the time of his death had his fixed place of abode at the Township of Etobicoke in the said County of York.

    Sworn before me at the City of Toronto in the County of York this 30th day of December A.D. 1899

    (Signed) W. P. Bull A Commissioner, &c.

    (Signed) George Garbutt

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 9: Affidavit of Value of Property Devolving

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say:

    THAT I am one of the Executors named in the Last Will and Testament of the said Thomas Lister deceased.

    THAT the value of the whole property of the said deceased which he in any way died possessed of or entitled to and for and in respect to which Probate is to be granted is under ten thousand and ten Dollars.

    THAT the value of the personal estate and effects is under One hundred and forty Dollars, and of the real estate is under nine thousand eight hundred and seventy Dollars, and that full particulars and a true appraisement of all said property are exhibited herewith.

    Sworn at the City of Toronto in the County of York this Thirtieth day of December A.D., 1899 before me.

    (Signed) W. P. Bull A Commr, &c.

    (Signed) George Garbutt

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 10: Affidavit of Execution of Will (George Garbutt)

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say:

    1. THAT I knew Thomas Lister late of the Township of Etobicoke in the County of York Farmer deceased.

    2. THAT on or about the Thirteenth day of July in the year of our Lord one thousand eight hundred and ninety-nine I was personally present and did see the paper writing hereunto annexed marked "A." signed by the said Thomas Lister as the same now appears as and for his last Will and Testament.

    THAT the same was so signed by the said Thomas Lister in the presence of me and of Joseph Nason of the City of Toronto in the County of York Barrister at Law who were both present at the same time; whereupon the said Joseph Nason and I did at the request of the said Thomas Lister and in his presence attest and subscribe the said Will.

    Sworn before me at the City of Toronto in the County of York this Thirtieth day of December A.D. 1899.

    (Signed) W. P. Bull A Commissioner, etc.

    (Signed) George Garbutt

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 11: Affidavit of Execution of Will (Joseph Nason)

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, Joseph Nason of the City of Toronto in the County of York Barrister at law make oath and say:

    1. THAT I knew Thomas Lister late of the Township of Etobicoke in the County of York Farmer deceased.

    2. THAT on or about the Thirteenth day of July in the year of our Lord one thousand eight hundred and ninety-nine I was personally present and did see the paper writing hereunto annexed marked "A." signed by the said Thomas Lister by affixing his mark thereto as the same now appears as and for his last Will and Testament.

    THAT the same was so signed by the said Thomas Lister in the presence of me and of George Garbutt of the Township of Etobicoke in the County of York Farmer who were both present at the same time; whereupon the said George Garbutt and I did at the request of the said Thomas Lister and in his presence attest and subscribe the said Will.

    Sworn before me at the City of Toronto in the County of York this Second day of January A.D. 1900.

    (Signed) J. W. Monty A Commissioner, etc.

    (Signed) Joseph Nason

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 12: Last Will and Testament of Thomas Lister (Part 1)

    "A"

    This is the Last Will and Testament of me Thomas Lister of the Township of Etobicoke in the County of York Farmer.

    I nominate constitute and appoint George Garbutt and William Grubb [Note: Identified in probate papers as William Charles Grubbe] to be Executors and Trustees of this my will.

    I give and bequeath all my household furniture and household effects unto my wife Catherine Lister.

    I give and devise all that Town of Lot number Twenty seven in Concession B of the said Township of Etobicoke being the farm on which I now reside to my Executors and Trustees Upon Trust to lease the same and to collect the rents thereof and thereout to pay one half of the annuity to my wife and the interest on the mortgage thereon to Mr Wadsworth and to apply the balance in payments on account of the principal of said mortgage until the said Mortgage shall be fully paid, and thereafter to pay one half of the said annuity and one half of the legacies hereinafter bequeathed until the said half of annuity and the said half of the legacies shall be fully paid and satisfied, and as soon as such charges shall have been satisfied I direct the said Executors and Trustees to convey the said lands to my son Edward Lister for his own use and benefit.

    I give and devise all that Town of Lot number Twenty eight in Concession B of the said Township of Etobicoke to my Executors and Trustees Upon Trust to...

    Page 13: Last Will and Testament of Thomas Lister (Part 2)

    ...lease the same and to collect the rents thereof and thereout to pay the other half of the annuity to my wife and the interest on the mortgage thereon and to apply the balance in payments on account of the principal of said mortgage until the said mortgage shall be fully paid, and thereafter to pay such other half of the said annuity and the other half of the legacies hereinafter bequeathed until such other half of annuity and said other half of the legacies shall be fully paid and satisfied, and as soon as such charges shall have been satisfied I direct the said Executor and Trustees to convey the said lands of Lot number Twenty eight to my sons Richard Lester and Frank Lester in equal shares for their own use and benefit.

    I give and bequeath to my wife Catherine Lister the annuity or clear yearly sum of One hundred dollars to be paid to her out of the rents of the lands above refered to as hereinbefore described until the time of her decease.

    I give and bequeath the sum of Three hundred dollars to my son William Lister to be paid to him out of the said rents.

    I give and bequeath to my daughter Mary Ann Baggs the sum of Two hundred dollars to be paid out of the said rents.

    I give and bequeath to my daughter Ellen Chapman the sum of Two hundred dollars to be paid out of the said rents.

    I give and bequeath to my daughter Jane Usher the sum of Two hundred dollars to be paid out of the said rents.

    And I direct that my said Executors...

    Page 14: Last Will and Testament of Thomas Lister (Final Page)

    ...shall distribute such parts of the rents as may from time to time be available for payment of the said legacies proportionately among such legatees according to the amounts of the respective legacies.

    I give devise and bequeath the residue of my estate to my said wife Catherine Lister for her own use and benefit and I direct that the said annuity and the said bequest of residue of my estate to my said wife shall be in lieu of all dower in and to my real estate.

    In witness whereof I have hereunto set my hand this Thirteenth day of July in the year one thousand eight hundred and ninety nine.

    Thomas (X) Lister his mark

    Signed by the said Testator Thomas Lister as and for his last will and testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses.

    (Signed) Joseph Nason Toronto Barrister at law (Signed) George Garbutt Etobicoke farmer

    Page 15: Affidavit of Plight and Condition

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, Joseph Nason of the City of Toronto in the County of York Barrister at law make oath and say:

    THAT I am the person described as Joseph Nason one of the attesting witnesses named in the paper writing now hereunto annexed purporting to be and contain the last Will and Testament of Thomas Lister late of the Township of Etobicoke in the County of York deceased who died on or about the Sixteenth day of July 1899 at said Township of Etobicoke and had at the time of his death a fixed place of abode at the said Township of Etobicoke in the said County of York.

    The said Will bearing date the Thirteenth day of July A.D. 1899 beginning thus: "This is the last Will and Testament of me Thomas Lister..." ending thus: "...shall be in lieu of all dower in and to my real estate" and being subscribed thus: "Signed by the said Testator Thomas Lister as and for his last will and testament..."

    And having viewed and perused the said Will, and particularly observed that the signature "Joseph Nason" therein is of my own proper handwriting.

    I, Joseph Nason lastly make oath that the same is now in all respects in the same state, plight and condition as when the said will was executed by the said testator.

    Sworn before me at the City of Toronto in the County of York this Second day of January A.D. 1900.

    (Signed) J. W. Monty A Commissioner, etc.

    (Signed) Joseph Nason

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 16: Executor’s Oath (George Garbutt)

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say:

    THAT I believe this paper writing hereto annexed, marked with the letter "A" to contain the true and original last Will and Testament of Thomas Lister late of the Township of Etobicoke in the County of York Farmer deceased.

    THAT I am one of the Executors therein named, and that I will faithfully administer the Property of the said Testator by paying his just debts and the legacies contained in his Will, so far as the same will thereunto extend and the law bind me, and by distributing the residue (if any) of the estate according to law; AND that I will exhibit under oath, a true and perfect Inventory of all and singular the Property of the Testator and render a just and full account of my executorship whenever required by law so to do.

    Sworn before me at the City of Toronto in the County of York this Thirtieth day of December A.D. 1899.

    (Signed) W. P. Bull A Commissioner, &c.

    (Signed) George Garbutt

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor

    Page 17: Executor’s Oath (William Charles Grubbe)

    In the Surrogate Court of the County of York.

    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.

    I, William Charles Grubbe of the Township of Etobicoke in the County of York Farmer make oath and say:

    THAT I believe this paper writing hereto annexed, marked with the letter "A" to contain the true and original last Will and Testament of Thomas Lister late of the Township of Etobicoke in the County of York Farmer deceased.

    THAT I am one of the Executors therein named, and that I will faithfully administer the Property of the said Testator by paying his just debts and the legacies contained in his Will, so far as the same will thereunto extend and the law bind me, and by distributing the residue (if any) of the estate according to law; AND that I will exhibit under oath, a true and perfect Inventory of all and singular the Property of the Testator and render a just and full account of my executorship whenever required by law so to do. That my full name is William Charles Grubbe while I am described in the said will as William Grubb.

    Sworn before me at the City of Toronto in the County of York this Thirtieth day of December A.D. 1899.

    (Signed) W. P. Bull A Commissioner, &c.

    (Signed) Wm C. Grubbe

    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 18: Inventory and Valuation of the Property
    In the Surrogate Court of the County of York.
    In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer DECEASED.
    Inventory and Valuation of the Property of the said deceased.
    GENERAL DESCRIPTION OF PROPERTY.
    VALUE OR AMOUNT.
    Household Goods and Furniture
    $75.00
    Farming Implements, &c.
    None
    Stock-in-Trade
    None
    Horses
    None
    Horned Cattle
    None
    Sheep and Swine
    None
    Book Debts and Promissory Notes
    None
    Moneys secured by Mortgage
    None
    Moneys secured by Life Insurance
    None
    Bank Stock and other Stocks
    None
    Securities for Money
    None
    Cash on Hand
    $65.00
    Cash in Bank
    None
    Farm Produce of all kinds
    None
    Other Personal Property not before mentioned (if any)
    None
    Real Estate
    $9,870.00
    TOTAL
    $10,010.00
    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say that I am one of the Executors of the will of the late Thomas Lister and that the above is, to the best of my knowledge, information and belief, a true inventory and valuation of the whole property of the said deceased at the time of his death, as far as I can at present ascertain
    .
    Sworn before me at the City of Toronto in the County of York this Thirtieth day of December A.D. 1899.
    (Signed) W. P. Bull A Commissioner, &c.
    (Signed) George Garbutt
    This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor

    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say that I am one of the Executors of the Will of the late Thomas Lister. That the above is to the best of my knowledge, information and belief, a true Inventory and valuation of the REAL ESTATE of the said deceased at the time of his death, so far as I can at present ascertain. Sworn before me at the City of Toronto in the County of York this Thirtieth day of December A.D. 1899. (Signed) W. P. Bull A Commissioner, etc. (Signed) George Garbutt This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

    Page 19: Inventory and Valuation of the REAL ESTATE In the Surrogate Court of the County of York. In the Estate of Thomas Lister late of the Township of Etobicoke in the County of York Farmer—DECEASED. Inventory and Valuation of the REAL ESTATE of the said deceased.

    GENERAL DESCRIPTION OF PROPERTY. VALUE OR AMOUNT.

    The Equity of Redemption in "Humbervale Farm" parts of Lots 28 and 29 Concession B in the Township of Etobicoke in the County of York containing 111 1/5 acres on which are erected frame house and frame barn and stable. Value under $5600. subject to mortgage$1000\. $4,600.00

    The Equity of Redemption in "Brookdale Farm" parts of Lots 27 and 28 Concession B in the Township of Etobicoke aforesaid containing 116 acres on which are erected frame house and log barn and frame stable. Value under $5800. subject to mortgage$530\. $5,270.00

    TOTAL $9,870.00

    I, George Garbutt of the Township of Etobicoke in the County of York Farmer make oath and say that I am one of the Executors of the Will of the late Thomas Lister. That the above is to the best of my knowledge, information and belief, a true Inventory and valuation of the REAL ESTATE of the said deceased at the time of his death, so far as I can at present ascertain. Sworn before me at the City of Toronto in the County of York this Thirtieth day of December A.D. 1899. (Signed) W. P. Bull A Commissioner, etc. (Signed) George Garbutt This affidavit is filed on behalf of the Executors by Joseph Nason their Solicitor.

12.  

    Residence¹

    Ontario, Canada