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A Collection of Newfoundland Wills
(B)
Benjamin Bowring

 

Will of Benjamin Bowring
from Newfoundland will books volume 2 pages 32 to 37 probate year 1851

In re
     Benjamin Bowring       deceased.

This is the last will and testament of Me Benjamin Bowring of Liverpool more late of Woodside now of Clarence Terrace Everton Gentleman I bequeath unto each of my sons Charles Tricks Bowring Henry Price Bowring and Edward Bowring a legacy of one thousand two hundred pounds sterling I declare that any monies which shall appear in my books of Account marked respectively "Journal from July 1841" and "Ledger E" and kept in my handwriting or by any Memorandum signed by me or by any of my said three sons to the debit of my said sons respectively or to be due to me from them as constituting the mercantile house of Bowring Brothers of Saint John's Newfoundland or the house of "C. T. Bowring and Company" of Liverpool, or by any two or more of them jointly or by any one of them individually shall be brought into account to the debit of each son and be taken as a total or partial discharge (as the case may be) as against each of my said three sons of the legacy above given to him and such debt shall be a charge and lien on each such legacy accordingly and any excess of each debt over each legacy shall be deemed a debt due to my estate and for the purpose aforesaid I declare that with regard to any joint debt owing to me by the three or any two of my said sons each of them severally shall be considered as my debtor for only his third or half share as the case may be of such joint debt
I devise unto the said Charles Tricks Bowring his heirs and assigns all that my freehold messuage land and hereditaments called "Oakleigh" situate on the Road from Liverpool to West Derby upon trust that he or they or other the trustees or trustee for the time being to be appointed under the power hereinafter contained do and shall at such time or times and after such postponement and at such distance of time after my decease as he or they in his or their discretion may think best sell and dispose of the said premises with the appurtenances either together or in parcels and either by public auction or private contract unto any person or persons subject to any terms or conditions and for such price or prices as to him or them shall seem reasonable with power to buy in at any auction and to rescind or alter the terms of any contract for sale and do and shall convey the premises when so sold unto the purchaser or purchasers thereof or as he she or they may direct and do and shall stand and be possessed of the monies to arise from the said sale or sales upon the trusts hereinafter declared concerning the same And I declare that every receipt which shall be given by the said Charles Tricks Bowring his heirs or assigns or other my Trustee or Trustees for the time being for all or any part of the monies to arise or be produced thereby respectively shall be a sufficient discharge for the sum or sums of money which in and by such receipt shall be acknowledged or expressed to be received and that the purchaser or purchasers or other person or persons paying any such money shall be exonerated and indemnified from all responsibility both with regard to the sale and the application of the produce monies I also declare that in the meantime until Sale thereof the yearly rents and profits of the same or of such part thereof as shall remain unsold shall be received and applied in the same manner and for the same purposes as the interest of the monies to arise by the sale thereof would under the Trusts hereinafter declared be receivable and applicable if the same had actually been sold subject nevertheless to the costs of keeping the buildings in tenant able repair and insured against fire in such manner and to such amounts as to the trustee or Trustees shall seem proper I also declare that during the suspense of the sale of the same premises the Trustee or Trustees for the time being shall have power to let or demise the same either from year to year or for terms not exceeding seven years in possession at rack rent And it is my will and I declare that the Trustee or Trustees for the time being shall stand possessed of the monies to arise and be produced as aforesaid upon trust to invest the same monies in his or their name or names in or upon any of the Parliamentary stocks or public funds of the United Kingdom or upon freehold or copyhold securities in England or Wales or securities by Bond or Specialty of any corporate body or incorporated company with full power to vary the investments from time to time for any other of the like kind and upon trust during the life of my daughter Charlotte Price Bowring to permit her being discovert to receive the annual income of the trust fund or to pay such annual income into her proper hands she being covert to be enjoyed by her free from the control debts or engagements of her husband and without power of anticipation by her as a separate and inalienable provision for which her receipts alone shall be sufficient discharges And after the decease of my said daughter upon trust as to the capital of such trust fund for all or any of the issue of my said daughter (including grandchildren and more remote issue born in her lifetime) for such interests and in such proportions (if more than one object) and in such manner in all respects as my said daughter whether covert or sole shall by her last will or any codicil thereto duly executed appoint And for want of such appointment in trust for her child or children who being a son or sons shall attain the age of twenty one years or die under that age leaving lawful issue living at his or their decease or respective deceases or being a daughter or daughters shall attain that age or marry in equal shares if more than one but so that no child in whose favor or in favor of whose issue an appointment may be made shall (unless such appointment shall so direct) participate in the unapplied part without the share or shares appointed to him or her or to his or her issue being brought or considered as brought into a distribution and if there shall be no object of the last preceding trust then in trust for such person or persons for such purposes and in such manner in all respects as my said daughter whether covert or sole by her last will or any codicil thereto duly executed shall appoint and for want of such appointment in trust for the persons or person who at her decease shall be of her blood and next of kin to her and who under the Statutes for the distribution of the Estate of Intestates would be entitled to her personal estate if she were dead intestate and discovert such persons if more than one to take in the proportions prescribed by the said Statutes Provided nevertheless and I hereby declare that notwithstanding the Trusts last hereinbefore declared it shall be lawful for my daughter in case she shall die leaving a husband surviving her by any will or testamentary writing duly executed to bequeath the annual income of this trust fund unto or for the benefit of such husband for any period not exceeding the term of his natural life Provided always and I hereby declare that it shall be lawful for the said Charles Tricks Bowring whether accepting or renouncing the said Trust or for his executors or administrators or for the surviving or existing Trustee or Trustees whether by nomination or representation from time to time to appoint a Trustee or Trustees in addition to himself or themselves or in his or their place (such appointment being subject to the approval of my said daughter during her life) and upon every such appointment or afterwards as circumstances will permit the trust premises shall be duly transferred and vested in such new Trustees or Trustee accordingly as the case may require And that every new Trustee or Trustees shall be invested with the powers and authorities aforesaid as fully and effectually as if he or they had been originally appointed in and by this my will Provided also and I declare that any Trustee or Trustees shall be charged with such monies only as he or they respectively shall actually receive notwithstanding his or their signing any receipt or doing any other act for the sake of conformity and no one or more of them shall be answerable for the other or others of them or for any involuntary loss and further that it shall be lawful for the said Trustee or Trustees for the time being out of the monies which shall come to his or their hands by virtue of the trusts aforesaid to retain and also allow to each other all costs and expenses which they or any of them may pay or incur in or about the execution of the aforesaid trusts or in relation thereto I also bequeath to my said daughter Charlotte Price Bowring the sum of one thousand pounds sterling but in case I shall give to her or settle on her one thousand pounds or any greater or less sum between the date of this my will and my decease then this legacy to be void either wholly or to the extent of such sum if less than one thousand pounds as I shall so have given to or settled on her in my lifetime I devise unto my dear wife Charlotte Bowring the house and premises in which I lately resided situate in Bridge Street Woodside To hold to her and her heirs and assigns for ever I devise all that my copyhold house and garden situate in Clarence Terrace Everton Road Liverpool where I now reside unto my son John Bowring his heirs and assigns for ever But in case the said John Bowring shall depart this life before he shall attain the age of twenty one years and without leaving lawful issue him surviving then I devise the same premises unto my said wife Charlotte Bowring her heirs and assigns for ever I bequeath unto my said son John a legacy of seven hundred pounds sterling to be a vested interest in and payable to him on his attaining the age of twenty one years I direct and empower my said wife Charlotte during the minority of my said son John to receive the rents and profits of the said premises and also to invest the said legacy on any of the before named securities and to receive the interest and dividends thereof and to apply the whole or any xxx part of the annual income arising therefrom respectively for and towards the maintenance and education of my said son John or otherwise for his benefit at the discretion of my said wife and I direct that so much of the said annual income (if any) as may not be so paid to applied as aforesaid shall be accumulated and invested and so in augmentation of the legacy so as aforesaid give to my said son John
I devise and bequeath unto my said wife Charlotte Bowring her heirs executors administrators and assigns respectively according to the natures thereof for her absolute use and benefit my messuage and gardens farm lands and hereditaments situate at Little Sutton in the county of Chester called "Greenfield Cottage" and also the field called Woodcroft at present under lease to Mr. T. M. Bibby Also all and singular my messuages lands hereditaments estate and effects real and personal situate and being in the Island of Newfoundland Also all the rest residue and remainder of my real leasehold and personal estate of every description not hereinbefore specifically disposed of I declare that in case any of my sons shall depart this life in my lifetime leaving lawful issue living at his death or born in due time afterwards then and in such case the issue of such son shall take and be entitled to (if more than one equally between or among them) the legacy or hereditaments devised which such son would himself have taken and such issue shall stand in all respects in loco parentis and I declare that in case of no issue of any son or in the event of the lapse of any devise or legacy given by this my will the same shall fall into and become part of my residuary estate
I appoint my wife Charlotte Bowring sole executrix of this my will I devise all real estates vested in me as Trustee or Mortgagee with their appurtenances unto and to the use of my said wife here heirs and assigns upon the Trusts and subject to the equities affecting the same respectively And lastly I hereby revoke all former wills by me at any time made
In witness whereof I have hereunto set my hand the nineteenth day of June one thousand eight hundred and forty five. Benjn Bowring.
Signed by the above named Benjamin Bowring as and to be his last will in the joint presence of us who have hereunto subscribed our names in his presence and in the presence of each other. Tho. Harvey.    Charles Falson

Certified Correct
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson and Ivy F. Benoit
Page Revised by Ivy F. Benoit (November 21, 2002)

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