GNB
Provincial Archives of New Brunswick

Wallace Hale's Early New Brunswick Probate, 1785-1835

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Reference8832
Family NameNICHOLS
Given NamesSamuel
Was there a Will? Yes
Date of Will1828-09-05
Was an inventory completed? No
CountyYork
Probate is for a woman? No
Abstract references a vessel? No
Abstract Town of Flushing, Queens County, State of New York - York County Records. Will dated 5 September 1828. Wife Louisa Virginia the mansion house in Flushing and one-third of personal and real estate. Infant daughter Catharine Louisa residue of estate for life. Should she die unmarried, residue to be divided among wife Louisa Virginia, uncle Solomon NICHOLS, aunt Mary NICHOLS and aunt Elizabeth MAJORIBANKS. If daughter lives and marries, her husband shall not have the disposition of the property bequeathed to her, but at her death the estate to be divided among her issue and the heirs above named. Dr. Joseph BLOODGOOD of Flushing, Peter I. NEFUS and James MILLNER of City of New York executors. Witnesses: [R.] B. PHELPS, Adaline [HAM], Catherine OATS. The file contains some twenty documents relating to litigation among the heirs and executors up to the year 1847, beyond the scope of this work. A History of Property, location not specified, describes Samuel NICHOLS the Elder as the first owner. The property descended to Samuel NICHOLS the Younger, who willed it to his wife Louisa Virginia NICHOLS and daughter Catharine Louisa. The property was then inherited by Catharine Louisa's two children Isaac C. and Emma L. FROST. Samuel NICHOLS the Elder, in a business partnership with Solomon NICHOLS, owned real property in the City of Saint John. Samuel NICHOLS the Younger is described variously as a British Subject and formerly of this city (Saint John). There is some indication of a previous marriage. Samuel NICHOLS allegedly died on 13 October 1828. The aunts and uncle named in his will were residents of New Brunswick. Widow Louisa Virginia allegedly died 1 May 1833, identified as Louisa Virginia EMBREE, leaving the only child, Catharine Louisa who m. Isaac C. FROST. Court documents name Isabel NICHOLS, widow of Solomon NICHOLS (who may have been twice married); children of Solomon: Sophia Eliza married Rev. James W. DISBROW, Elizabeth Mary, Henry Brougham, Celia and Amelia NICHOLS; children of Elizabeth MAJORIBANKS, (the sister of Mary NICHOLS, who is described as a spinster): Thomas, John, Mary Edwards, Elizabeth and Jane who married John W. GOLDFINCH. Petition of brother Solomon NICHOLS, merchant, City of Saint John, dated 11 April 1828, filed at Saint John, N. B., stated petitioner was partner in trade; that Samuel NICHOLS died 24 December 1827 intestate, leaving no widow and only one son, who is resident in the United States; and that deceased had personal assets in the Province exceeding £9,000. Solomon NICHOLS, uncle and one of the next of kin of the deceased, on 12 November 1828 entered a caveat against the granting of probate or letters of administration. A similar caveat was entered on 20 February 1829 by Henry SWYMMER acting as agent and proctor for Louisa Virginia NICHOLS, late the widow of Samuel NICHOLS formerly of Flushing in the County of Queens in the State of New York, and Catherine Louisa Bardsley NICHOLS, the only child and daughter of the deceased, that such Probate or Administration "may not be granted without my having due Notice in order to come in and contest the Same." On 21 January 1829 Solomon NICHOLS, the brother and partner of the deceased, entered a caveat in which he stated that deceased left an only son named Samuel NICHOLS resident at Flushing; that the son Samuel, sole heir of the deceased, died on 13 October last, after executing a will making disposition of his property and naming petitioner one of the executors; that the son Samuel NICHOLS was prevailed on by undue means to make and execute another will revoking the first will and making other distribution of his property; and that petitioner is contesting the will in the United States. On 23 February 1829 the will of Samuel NICHOLS, dated 23 July 1828, was proved by the testimony of Jacob Rutsin NEVERS of New York, clerk to Peter I. NEVERS, merchant of New York, who testified that the will was executed in his presence and the presence of Augustus FLOYD and Charles Jeffrey SMITH. Administration bond dated [day and month blank, but apparently administration was granted on 13 January] 1829 by Solomon NICHOLS, the brother, merchant, with fellow bondsmen L. H. DeVEBER and William P. SCOTT, merchants, all of the City of Saint John. Brother Solomon NICHOLS died 19 June 1838 and administration de bonis non was granted 31 August 1838 to Mary NICHOLS, one of the sisters of the deceased Samuel and Solomon, the other sister, Mrs. Elizabeth MAJORIBANKS, having renounced in favour of Noah DISBROW. File contains records to 1851, well beyond the scope of this work.
RS number75


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