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Clemons, Lucinda (1821 - 1889) - Court Application

"Humbly therewith,

"That Abraham C. Master, formerly of the said Township of Wilmot, Yeoman, deceased, departed life on or about the seventh day of July in the year of our Lord One thousand eight hundred and fifty three, leaving your Petitioners, David Masters and Marianne Master, infants within the age of Eighteen years (the said David Master now growing to the age of fourteen and the said Marianne Master to the age of Eight years) him surviving, and your petitioners have now no legal Guardian.

"That Lucinda Master, their mother, widow of the same Abraham C. Master, also residing in the said Township of Wilmot, is in the humble opinion of your Petitioners a fit and proper person to be appointed Guardian of us her said children, and She being fully able and prepared to give sufficient surety for the due performance of her trust.

"Your Petitioners therefore humbly pray that their said mother Lucinda Master may be appointed such Guardian to her children and your Petitioners will ever pray. Wilmot, the nineteenth day of January A. D. 1856."

Included with the petition were affidavits for each of the children as follows;

"To this Surrogate Court of the County of Waterloo in the Province of Canada.

"In Matters of Guardianship to the Orphans of Abraham C. Master, formerly of Wilmot, decd.

"Know all men by these Presents, dated the ninth day of February in the year of our Lord One Thousand eight Hundred and fifty Six, that we the undersigned Lucinda Masters of the Township of Wilmot, in the said county of Waterloo, Widow of Abraham C. Master, formerly of the said place, Sawyer, now deceased, and Stouffer Clemens and Isaac Bergy of the Township of Waterloo, in the said County - are jointly and severally firmly hold and bound by those presents unto David Master, of the said Township of Wilmot, infant son of the said Abraham C. Master, deceased and of his the said Lucinda Master, now his widow, and to this his executors and administrators, into the true and just final sum of Three Thousand pounds, lawful money of Canada, the Conditions whereof are as follows, that is to say - Whereas the said David Master has made application in writing to William Miller, Esquire, Judge of the Surrogate Court of this said County of Waterloo for the appointment as Guardian over himself of his own aforesaw Mother Lucinda Master, and such appointment being granted by the Judge aforesaid. Now therefore if the said Lucinda Master shall faithfully fulfill and perform due and true administration of the Estate of the said David Masters; also keep and give true and correct account thereof; and also give and pay over to him the said David Master when he shall come upon the full age of twenty one years, or sooner whenever the said Guardianship shall determine; or whenever else she shall and may be directed by the Judge of the said Court, or by any other person or persons having authority to demand, and then give and pay over to the said David Master, or to his heirs, executors, administrators or assigns all and singular the Sum or Sums, or balance of money, property and Estate lawfully belonging to the said David Masters, or to his heirs, executors, administrators or assigns - deducting however all lawful expenses, costs and claims by her had on account of such her Guardianship, then these presents shall be null and void, but otherwise remain in full force and virtue.

"Witness our hands and seals at Berlin, in the said County of Waterloo, this Ninth day of February in the year of our Lord One Thousand Eight Hundred and fifty six.

"Signed by Lucinda Master, Stouffer Clemens, Isaac Bergy."

And the decision by the court;

"In the Surrogate Court of the County of Waterloo in the Province of Ontario

"In matters of Guardianship of the orphans of Abraham C. Master formerly of the Township of Wilmot, in said County, Sawyer, deceased.

"You, Lucinda Masters of the Township of Wilmot, in the County of Waterloo, Widow of Abraham C. Masters, late of the same place, Sawyer, deceased being desirous and willing to accept the appointment of Guardian to your own children, David Masters and Marianne Master, which you had - your deceased husband the said Abraham C. Master. - - receiving such appoint-- you do solemnly - that you shall - will keep and make true and just full accounts and reckonings of all and singular, the goods, monies, interest, rents, -, profits, and properties belonging to the said David Master and Marianne Masters, which ever shall and may come into your house and custody or into the hands of any other person or persons for and under you, and that you will deliver and pay over to them, the said David Master and Marianne Master, or to their respective heirs, executors, administrators or assigns, all the sum or balance of monies and properties respectively belonging to them, whenever you shall be lawfully therewith required. So help you God.

"Done before me at Berlin in the said County of Waterloo This Sixth day of February, 1856.

"Signed Lucinda Master."

In 1856, Lucinda Master applied to the Surrogate Court of the County of Waterloo for guardianship of her children David and Mary Ann.

Date6 February 1856
Linked toLucinda Clemons; Abraham C. Master; David Clemens Master; Mary Ann Master




Last Updated
March 4, 2024