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A Collection of Newfoundland Wills
(B)
Charles James Fox Bennett

 

Will of Charles James Fox Bennett
from Newfoundland will books volume 8 pages 155 to 162 probate year 1904
This will is incomplete, and has many errors

In re
      Charles James Fox Bennett         deceased.

      I Charles James Fox Bennett born at Shaftesbury England maketh this my last will and Testament and I hereby revoke and make void all other wills I have heretofore made - I give and bequeath to my esteemed friend Thomas Bennett Smith my partner in Trade in the Commercial Business of C.F. Bennett and Company to my nephews Charles Thomas Bennett and Arthur Bennett sons of my late Brother Thomas Bennett to my nephew Henry Bennett son of my late Brother Henry Bennett and to Capt. Richard Brettingham late Captain in Her Majesty’s Artillery all my real and personal Estate of which I am now or might hereafter be entitled to In trust for the purposes hereinafter specified and directed
Firstly to pay my funeral expenses and all my lawful debts
Secondly to pay to my beloved wife Isabella the Daughter of the late William Sheppard of Clifton Bristol the Interest to accrue from the sum of twelve thousand Pounds at the rate of five pr cent per annum but this bequest is to include the ten thousand Pounds I settled on her in my marriage contract and is substituted in place thereof in order to provide for her a better and more certain Income sufficient as I believe well provide for all her reasonable wants. The said Interest to be paid to her half yearly - I give also to my beloved wife the sum of five hundred pounds in English monies for her personal use - all my silver plate and Household Furniture all my Library and Letters and Public Documents and Newspapers of every kind simply requesting her to separate all private Letters and those of a confidential character and especially those tied up in a bundle and marked “special” from those strictly Commercial. Those of the latter should any be wanted by my trustees she will be at liberty to part with if required - some of those Documents might prove interes relics of my Life to some of the members of my four late Brothers Children and Grand Children

  • I give to my old friend Thomas Hutchings now employed in my Brewing Establishment one hundred Pounds currency to be paid to him annually during his natural Life
  • I give to my old servant Edward Bennett Senior the store keeper of C.F. Bennett and Company one Hundred pounds currency and to his son Edward Bennett Junr the sum of one hundred pounds currency
  • to Nora and Ellen the two Girls who have for some years past in their capacity as servants to my friend Thomas R. Smith been very attentive and kind to me ten Pounds each currency
  • To Jordan To Mullins To Shelan Ten Pounds each currency in recognition of their faithful services
  • To Moxbury twenty pounds Currency
  • To my nephew Thomas Bennett the son of my late Brother Thomas two Hundred pounds English money annually during his natural Life which I fear from late information of a severe attack of paralysis cannot be of long duration and hence the reason of my making such an exception in respect to him

The foregoing bequests are to take precedence of all my other bequests and possess the first claim on my general Estate

      The net Income derivable from the residue of my general Estate is to be divided and and distributed as follows annually to Charles Thomas Bennett To Leah Mary Bennett to Libby Ehlers the wife of the late    Ehlers to Annie Young the wife of Joseph Young To Rose Bennett and to Arthur Bennett the sons and Daughters of my late Brother Thomas To Elizabeth Bennett the wife of my late nephew Henry Bennett the son of my Brother Thomas To Henry Bennett the son of my late Brother Henry of Shaftesbury. To my friend and partner in trade Thomas R. Smith one tenth part each. To Josephine Brettingham the sister of my wife one twentieth part and to the female children of my wife’s late sister Sophia late the wife of the Reverend Arthur Stonehous.

      I Charles James Fox Bennett born at Shaftesbury England maketh this my last will and Testament and I hereby revoke and annul all other wills I have heretofore made. I give and bequeath to my old and esteemed friend Thomas Bennett Smith my partner in the business of C.F. Bennett and Company To my nephews Charles Thomas Bennett and Arthur Bennett the sons of my late Brother Thomas Bennett to Henry Bennett the son of my late Brother Henry Bennett and to Captain Richard Brettingham late of the Royal Artillery all my personal and Real Estate now in my possession and entitled to or that I may hereafter be entitled to In trust for the purposes hereinafter stipulated and directed.
Firstly to pay my funeral expenses and all my lawful Debts.
Secondly to pay to my beloved wife the Interest to accrue from twelve thousand Pounds British Sterling for and during her natural Life but this twelve thousand pounds is to include the ten thousand pounds I settled on my said wife or Trustees at the time of our marriage in the year one thousand eight hundred and twenty nine - The said Interest to be paid to her half yearly on the death of my said wife the aforesaid twelve thousand pounds is to revert back to and form part of my general Estate    I give also to my beloved wife all my Household Furniture Silver Plate Library and Letters from which Letters she is to select all that are of a private and confidential character and then furnish my Trustees with such as may pertain to Commercial matters and may be approved by my said wife as proper Letters to be so delivered - I give also to my said wife the sum of five Hundred pounds in English money for her personal use -
I give to Edward Bennett senior my storekeeper one Hundred Pounds Currency and to his son Edward also in my service one Hundred pounds Currency and to the two servant Girls Norah and Ellen now living with Mr. T.R. Smith and who have been kind to me ten pounds currency each and ten Pounds currency each to Jorden Mullins Sheahan Moxbury old servants in my Brewery Premises in recognition of their faithful services. I give to my old friend Thomas Hutchings one Hundred pounds to be paid to him annually during his natural life - The foregoing Bequests are to be the first claims to be provided for out of my general Estate To my nephew Thomas Bennett two Hundred pounds English money per annum during his natural Life which I fear from his recent state of Health will be short or I would otherwise do the same for him as for his Brothers and sisters _________

This is the last will of me Charles James Fox Bennett Merchant now and for many years past a resident of Saint John’s Newfoundland a native of Shaftesbury in the County of Dorset England I hereby revoke all other wills I have ever made - I appoint my Executors and Trustees to take possession immediately on my decease of all the real and personal property I possess in the world at the time of my decease or may at any time thereafter be entitled to for the purposes I in this my will direct

  • Firstly To pay my funeral expenses and all my lawful Debts
  • Secondly To pay to _____
  • Thirdly To pay to my beloved wife during her Life the sum of five hundred Pounds British Sterling annually in half yearly payments free of Income Tax - But this Bequest is to include the Interest payable to her on my death on the ten thousand Pounds stipulated in my marriage settlement This annuity of five hundred pounds is to have a preferable claim on my Estate after the two preceding sections of my will have been satisfied and the payment to be made to herself only.
  • Fourthly Out of the net Revenue to accrue from the Remainder of my Estate I give to my dear wife for her own exclusive use during her Life one Eleventh part of the said net Revenue accruing from the said Remainder to be paid to her by my Trustees in like manner as directed in my previous Bequests
  • Fifthly Out of the net Revenue of the so called Remainder of my Estate I give to my dear wife one Eleventh part thereof In Trust To pay to her sister Josephine the wife of Major Richard Brettingham one Moiety thereof during her life for the benefit of the children of the marriage of herself and Major Richard Brettingham in such manner as my said sister might deem proper the said Josephine Bretting is requested to take special care of her two Daughters Maud and Blanch - on
  • Sixthly one Eleventh of the net Revenue     I give In Trust to be paid to my niece Leah Mary the Daughter of my Brother Thomas during her Life.
  • Seventhly one Eleventh of that net Revenue I give to my nephew Charles Thomas Bennett son of my Brother Thomas     In Trust for his wife and the Children of their marriage in such manner and in such proportions to each as he may deem proper and on his decease to his wife if she should survive him In Trust for the same purpose -
  • Eighthly one Eleventh I give to my niece Libby the wife of the late Ehlers a Daughter of my Brother Thomas In Trust for the benefit of her children by that marriage in such manners and in such proportions as she may deem proper
  • Ninthly one Eleventh to my nephew Charles Thomas Bennett In Trust to pay to his sister Annie the wife of Joseph Weston Young for her use and the use of the children of her marriage in such proportions and in such manner as she may deem proper and on her decease should he survive her to her Husband Joseph Young     In Trust to be equally divided among the children of their marriage
  • Tenthly one Eleventh to my nephew Charles Thomas Bennett In Trust To pay the Revenue accruing therefrom to his Brother Arthur so long as he solvent and enabled to pay his Debts but from the moment he is unable to do so this Bequest is to cease and become part of residuary Estate -
  • Eleventhly one Eleventh to my niece Leah Mary In Trust to pay to her youngest sister Rose for her Life and for the use and benefit of her children should she marry and possess any for their lives.
  • Twelvethly one Eleventh To Elizabeth the wife of my nephew the late William Bennett of Shaftesbury son of my Brother Thomas In Trust for the maintenance and Education of her children from that marriage
  • Twelfthly one Eleventh to my nephew Henry Bennett the only child of my late Brother Henry of Shaftesbury In Trust for the maintenance of his wife and family and the Education of their children and to their use after his decease in such manner as he may direct

at the decease of her sister Josephine should her Husband survive her then to pay the said moiety to the said Major Richard Brettingham to him during his Life to be appropocated by him in like manner as directed in the Bequest to his deceased wife.
The other moiety is to be divided among the surviving Daughters of the Reverend Arthur Stonehouse - two shares to be paid to Rosalie the wife of the Rev. John Luxenor in aid of the Education and maintenance of Her children of their marriage as she may deem fit requesting her special care for her unmarried Daughters - on her decease should her Husband survive her then to him during his life In Trust for the same purpose. The other three shares are to be applied by my dear wife in such portions and in such manner as she may in her judgement deem proper for the benefit of the other three surviving Daughters or the survivor or survivors of them during their lives and then to cease -
one tenth I give to ________ In trust to pay the Interest accruing therefrom for the exclusive benefit of my niece the Daughter of my late Brother Thomas Bennett Elizabeth (usually called Libbie) the wife of the late Ernest Ehlers for her exclusive use and that of her children as she may during her Life deem expedient and by will bequeath to be divided among her children after her death -
one tenth I give to Trustees under my will In trust for the exclusive use and benefit of my niece Annie the wife of Joseph Young and Daughter of my late Brother Thomas Bennett during for her natural life and at the termination thereof then to her husband should he survive her for the use and benefit of the children of that marriage and on his demise then to be divided accruing among the children of that marriage as my said niece may direct
one tenth I give to my Trustees under my will In trust one Eleventh to T.R. Smith one of my Trustees     In trust for his wife for her Life and if he survives then to his use for his own life and at his decease to Mrs Smiths niece Mrs Crowdy.

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
April 13. 04
Emerson J
adm. c.t.a. dbn
April 16. 04
granted to
Robert G.
Rendell
Estate sworn
at $8.000.00
Sureties
A.S. Rendell
Wm. C. Job

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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