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A Collection of Newfoundland Wills
As always, confirm these, as you would any other source material.
Will of Charlotte Bowring
from Newfoundland will books volume 2 pages 29 to 32 probate year 1851.
Charlotte Bowring deceased.
This is the last will and testament of me Charlotte Bowring of West Derby near Liverpool in the County of Lancaster, Widow,
I give and bequeath unto my youngest son John Bowring a legacy of one thousand pounds sterling,
I give and devise unto my sons Charles Tricks Bowring and Henry Price Bowring their heirs and assigns all that my freehold house and premises situate in Victoria Place Bridge Street Birkenhead in the county of Chester upon trust that they or the survivor of them his heirs or assigns or other the trustees or trustee for the time being of this my will do and shall at such time and after such postponement and at such distance of time after my decease as they or he in their or his discretion may think proper sell and dispose of the same with the appurtenances either by public auction or private contract unto any person or persons subject to any terms and conditions and for such price as to them or him 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 of purchasers thereof or as he she or they may direct and do and shall stand and be possessed of the moneys to arise from the said sale upon the trusts hereinafter declared concerning the same
And I declare that every receipt which shall be given by the said Charles Tricks Bowring and Henry Price Bowring or the survivor of them his heirs or assigns or other the trustees or trustee for the time being of this my will for all or any part of the monies to be produced by such sale shall be a sufficient discharge for the money which in and by such receipt shall be expressed to be received and that the purchaser or purchasers or other person or persons paying any such money shall be exonerated and fully 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 rent and profits of the same premises 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 said house and premises in tenantable repair and insured against fire in such manner and to such amount as to my trustees or trustee for the time being shall seem proper I also declare that during the suspense of the sale of the same premises my trustees or trustee for the time being shall have power to let or demise the same either from year to year of for terms not exceeding seven years in possession at Rack Rent
And it is my will and I declare that the trustees or trustee for the time being of this my will shall stand possessed of the moneys to arise and be produced as aforesaid upon trust to invest the same in their or his names or name in or upon any of the Government stocks or 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 or in the purchase of shares in any Railway or other joint stock Company whereon all the money liable to be called shall have been paid up (always excluding Mining and Banking Companies) with full power to vary such investments from time to time for any others of the like several kinds 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 debts control 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 convert or sole shall by her last will or any codicil thereto duly executed appoint and for the 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 unappointed part without the share or shares appointed to him or her or to his or her issue being brought or considered as brought into distribution
And if there shall be no object of the last preceding trust then in trust for my said sons Charles Tricks Bowring Henry Price Bowring and John Bowring and my son Edward Bowring in equal shares as tenants in common Provided nevertheless and I hereby declare that notwithstanding the trust hereinbefore lastly created 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.
And as to all the rest residue and remainder of my real and personal estate whatsoever and wheresoever I devise and bequeath the same unto my said sons Charles Tricks Bowring, and Henry Price Bowring their heirs executors administrators and assigns upon trust that they or the survivor of them his heirs executors administrators or assigns or other the trustees or trustee for the time being of this my will do and shall by sale and other necessary ways convert into money the whole
of my said of my said residuary estate xxxx and effects and after payment thereout of my debts and funeral and testamentary expenses and the costs and charges of executing the trusts of this my will do and shall stand possessed of the monies arising from the conversion into money of my said residuary estate upon trust for the absolute use and benefit of themselves my said sons Charles Tricks Bowring and Henry Price Bowring and my said other sons Edward Bowring and John Bowring in equal shares and proportions as tenants in common Provided always and I hereby declare that in case the said Charles Tricks Bowring and Henry Price Bowring or either of them should at my decease renounce the trusts of this my will or in case they or either of them or any trustee or trustees to be nominated under this present provision should afterwards die or desire to be discharged from the trusts of this my will or become unable or unwilling to act therein before the same shall be fully executed and performed (and it should be necessary or be deemed expedient to supply the vacancies or vacancy) then and in such case and so often as the same shall happen it shall be lawful for the surviving or continuing trustee or trustees for the time being under this my will or if there be no such surviving or continuing trustee then for the person or persons for the time being so renouncing or desiring to be discharged or if there be no such last mentioned person then for the executors or administrators of the last deceased trustee to nominate any person or persons to be a trustee or trustees in the place or stead of the person or persons so dying renouncing desiring to be discharged or becoming unable or being unwilling to act as aforesaid (such appointment being subject to the approval of my said daughter during her life) and that upon in anticipation of or immediately after any or every such nomination or from time to time afterwards as circumstances will permit the trust premises shall be conveyed assigned and transferred so and in such manner as that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require upon the trusts aforesaid or such of them as shall then be subsisting and capable of taking effect and that every such new trustee shall and may act in the execution of the trusts and be invested with the powers and authorities aforesaid as fully and effectually as if he had been originally appointed a trustee in and by this my will Provided also and I declare that the trustees for the time being of this my will shall be charged with such monies only as they respectively shall actually receive by virtue of the trusts herein contained notwithstanding their joining in or signing any receipt or receipts 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 nor for any involuntary loss and further that it shall be lawful for the said trustees or trustee for the time being out of the moneys which shall come to their or his hands by virtue of the trusts aforesaid to retain and also to 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 appoint my sons the said Charles Tricks Bowring and Henry Price Bowring executors of this my will And lastly I hereby revoke all former wills by me at any time made.
In witness whereof I have to this my last will and testament set my hand the fifth day of January one thousand eight hundred and forty eight. Charlotte Bowring.
Signed by the above named testatrix Charlotte Bowring as and to be her last will and testament in the joint presence of us who have hereunto subscribed our names in her presence at her request and in the presence of each other, Tho. Harvey, Solr. Liverpool Jas. Underhill his clerk.
D. M. Browning
|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 (December 16, 2002)
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