When Prokop Kondratiuk died in October 1920 his will designated his son Simeon as sole heir and executor. In November Simeon applied for and the court granted probate of Prokop’s will. However Simeon later discovered that, being under the age of 21, he was legally prohibited from being the executor of Prokop’s estate. Simeon was born in 1902. For practial purposes the estate assets were frozen.

Disposing of Prokop’s assets first required the appointment of a qualified executor. Accordingly on April 24, 1922 Simeon filed a petition and supporting affidavit asking the court, on the grounds of his age, to cancel the 1920 Grant of Probate. A few days later the court complied with a court order.

The family then arranged to appoint their lawyer, Clifford Murchison of the law firm Heap, Arsenych and Murchison, to replace Simeon as Prokop’s executor. On April 27, 1922 Prokop’s widow, Julia Macuira Kondratiuk, renounced her claim to the estate and nominated Mr. Murchison as her husband’s executor. On May 2 Mr. Murchison applied to the Surrogate Court of Winnipeg for probate. The court application included the following documents:

  • Application for Administration with a Will stating that Prokop had died and left a will; that Simeon was named in the will as executor but had renounced; that Mr. Murchison was the appointee of Prokop’s widow; and that the estate was valued at $1,200
  • Affidvavit of Death swearing to Prokop’s date and place of death and place of abode
  • Affidavit of Value of Property swearing to the value of the estate and providing particulars of the property at 669 Boyd Avenue
  • Affidavit of Survivors swearing that Prokop’s survivors were Julia, his widow, and Simeon, his only child! Julia probably committed perjury when she signed this affidavit unless Prokop’s three daughters were not considered his children under Manitoba estate law. (Julia was illiterate so relied on others to tell her what she was signing)
  • Oath of Executor in which Mr. Murchison swears to faithfully adminster Prokop’s estate and effects
  • Administration Bond of $1,200 posted by Mr. Murchison and his law partners providing assurance that they will conduct their duties according to Manitoba legal requirements

The estate file does not contain a copy of the court order granting probate and naming Mr. Murchison as executor. However the file makes it clear that Mr. Murchison became the executor of Prokop’s estate.