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A Collection of Newfoundland Wills
(B)
Nicholas Brand

 

Will of Nicholas Brand from Newfoundland will books volume 2 pages 119 to 126 probate year 1854

In re
     Nicholas Brand      deceased.

This is the last will and testament of me Nicholas Brand of Topsham in the County of Devon Gentleman I give and devise unto my son in law Francis William Lock Ross and his heirs all those my two fields called Butt Park and Taylors Lane Close containing about ten acres situated in the Parish of Topsham aforesaid and now in the occupation of the said Francis William Lock Ross to and for the uses intents and purposes following that is to say to the use intent and purpose that Arquilla Phillips now of Topsham aforesaid Widow formerly a servant of my late deceased sister Mary Brand might have receive and take and that there shall be issuing and payable thereout unto the said Arquilla Phillips during her natural life one annuity or yearly rent of fifteen pounds by four quarterly payments on Lady Day, Midsummer day, Michaelmas Day and Christmas Day in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and subject thereto To such uses upon and for such trusts and to and for such uses intents and purposes generally and in such manner and form as my said son in law Francis William Lock Ross shall at any time or times after my decease and from time to time by any deed or deeds to be by him signed sealed and delivered in the presence of and attested by two or more credible witnesses or by his last will and testament or any codicil thereto direct limit or appoint give or devise the same and in default of and until any such appointment gift or devise and so far as any shall not extend To the use of the said Francis William Lock Ross and his assigns during his natural life without impeachment for any manner of waste and from and immediately after his decease (and subject to any such appointment as aforesaid) To the use of my daughter Anna Maria the wife of the said Francis William Lock Ross her heirs and assigns for ever And I declare my will to be that the aforesaid annual sum or rent hereinbefore provided for the said Arquilla Phillips is so provided and shall be accepted by her in satisfaction substitution and discharge of an annuity of fifteen pounds given to her by the will of my said sister Mary Brand late of Topsham aforesaid Spinster for which annuity I am liable to the payment as the residuary legatee of my said sister
I give unto my friend Mr. Thomas Angel late of Dartington but now of Totnes in the County of Devon Gentleman the sum of nineteen pounds and nineteen shillings as an acknowledgment of for many good offices he has done for me I give and devise unto the said Francis William Lock Ross and my grandson John Ingram Brand their heirs and assigns All real estate (whatsoever (not before devised) of which I am seized of or entitled unto or shall be seized of or entitled unto at the time of my decease and all real estate whatsoever over which I have or shall at the time of my decease have any power of disposition by will and whether in England in Newfoundland or elsewhere to hold the same unto the said Francis William Lock Ross and John Ingram Brand and their heirs To the use upon the trusts and to and for the ends intents and purposes and under and subject to the powers and provisions hereinafter contained that is to say To the use intent and purpose that the said Francis William Lock Ross and John Ingram Brand and the survivor of them his executors administrators and assigns shall and do by and out of the rents and profits thereof levy raise and pay unto my daughter in law Alice Brand the Widow of my deceased son Henry Brand during her natural life as the same shall become due one annuity or yearly sum of fifty pounds (free of legacy duty) which I direct to be paid out of my personal estate by four quarterly payments on Lady Day Midsummer Day Michaelmas Day and Christmas Day in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and I declare my will to be that the said Alice Brand shall have no power of anticipation or alienation over the said annuity but that it shall be paid into her own hands for her own personal benefit (or to such persons as she shall after the same shall become due direct by any writing under her hand) for her sole and separate use free from all marital rights controul contracts or engagements of any husband of hers And that her receipt alone or of the persons to whom she shall in manner aforesaid direct the same to be paid shall whether she shall be sole or covert be an absolute receipt and discharge for the same and subject to the payment of the said annuity the said Francis William Lock Ross and John Ingram Brand their heirs and assigns shall stand and be seized of all such real estate and be possessed of all monies which shall arise therefrom or thereby under or by virtue of the following power and trust To the uses and upon the trusts following that is to say as to such real estate To the use of and as to such monies upon trust for such person or persons for such estates and interests upon such trusts and to and for such ends intents and purposes and generally in such manner and form as my said daughter Anna Maria the wife of the said Francis William Lock Ross notwithstanding her present or any future coverture shall from time to time during her life by any deed or deeds with or without power of revocation to be by her signed sealed and delivered in the presence of and attested by one or more credible witness or witnesses or by her last will and testament or any codicil thereto whether covert or sole direct or appoint and in default of and until any such direction or appointment and so far as any such appointment shall not extend to the use of the said Francis William Lock Ross and John Ingram Brand their executors and administrators during the natural life of the said Francis William Lock Ross upon trust to pay the rents profits and income thereof and the interest and income of such monies to arise therefrom as aforesaid respectively as the same shall become due to such persons and for such purposes as my said daughter Anna Maria by any writing under her hand but not in the way of anticipations shall from time to time order or direct and in default of and subject to any such order or direction into her own hands to and for her own sole and separate use free from all marital rights controul contracts or engagements and her receipt alone or of such person or persons to whom my said daughter shall in manner aforesaid order the same to be paid shall be an absolute discharge for all such rents profits and income respectively and subject to the uses trusts powers and purposes aforesaid shall stand seized of all such real estate and monies as aforesaid as to such real estate to the use of my said daughter Anna Maria Ross her heirs and assigns And as to such monies upon trust for my said daughter absolutely if she shall survive her said husband but if she should die in his lifetime then upon trust for the next of kin of my said daughter to the exclusion of her said husband
I give and bequeath unto the said Francis William Lock Ross and John Ingram Brand their executors administrators and assigns all chattel real estate lands and tenements whatsoever and wheresoever of which I shall die possessed or entitled unto or over which I have or shall possess any power of disposition by will to hold the same unto the said Francis William Lock Ross and John Ingram Brand their executors administrators and assigns for all my estate and interest therein respectively or for all such estates terms and interests as I have power to dispose of upon all and every the like trusts and under and subject to all and every the like powers or authorities and to and for the like ends intents and purposes as will best and nearest correspond with the uses trusts powers and authorities ends intents and purposes hereinbefore declared of and concerning my said real estate regard being had to the different natures and qualities thereof Provided always and I declare my will to be that if my said daughter Anna Maria Ross or her appointees or her heirs executors administrators or assigns shall at any time during the life of the said Alice Brand purchase or cause to be purchased in the names of the said Francis William Lock Ross and John Ingram Brand or of the survivor of them or in the names or name of the Trustees or Trustee for the time being of this my will such a sum of consolidated Bank Annuities or any other of the Government funds of Great Britain the dividends whereof at the time of such purchase shall be sufficient to answer and pay the said annuity of fifty pounds or shall with the consent of the said Alice Brand procure an annuity of fifty pounds to be granted to the said Trustees or Trustee for the time being either by the Commissioners for the reduction of the National Debt under the Act or Acts enabling them to grant Life Annuities or by any incorporated or associated Society for granting annuities during the life of the said Alice Brand and shall declare the trusts of such funds or of the dividends thereof or of the said annuity so to be granted as aforesaid in like manner as hereinbefore declared concerning the payment of the said Annuity hereinbefore made payable out of the rents and profits of my said real estate for the benefit of the said Alice Brand then and in either of such cases the said annuity hereinbefore made payable out of my said real and chattel real estate shall no longer be a charge upon my said real and chattel real estate or any part thereof but such charge or trust shall there-upon cease and determine
I give and bequeath unto the said Francis William Lock Ross and Anna Maria his wife all personal estate whatsoever and wheresoever of which I am or shall at the time of my decease be possessed or entitled unto or over which I have or shall at my decease possess any power of disposition by this my will upon trust that they or the survivor of them his executors administrators or assigns shall and do so soon as can be after my decease call and get in sell and dispose of and convert the whole thereof into money and after paying thereout my just debts funeral and testamentary expenses and the legacy hereinbefore given to the said Thomas Angel shall and do invest the residue thereof in their names or name in or upon the Government stocks or funds of Great Britain or at interest on the security of any real or chattel real lands tenements or other hereditaments in England such chattels real being held for absolute terms of years of which at the time of investment there shall be at least sixty years unexpired And do and shall stand possessed of all such stocks funds and securities as also all like stocks funds or securities which at my decease shall constitute any part of the personal estate and effects expressed and intended to be hereby bequeathed and disposed of subject nevertheless to their providing for the payment thereout of the sum of four hundred pounds for which I am liable to provide and pay under the will of my said sister Mary Brand as her residuary legatee upon and after the death of the said Arquilla Phillips Upon all and every the like trusts and under and subject to the like powers and authorities and to and for the like ends intents and purposes as will best and nearest correspond with the uses trusts powers and authorities ends intents and purposes hereinbefore declared of and concerning my said real estate regard being had to the different natures and qualities thereof
And I hereby empower the respective Trustees or Trustee for the time being of this my will at any time or times and from time to time during the life and with the consent of the said Anna Maria Ross to call in alter vary change transpose and convert all or any such stocks funds and securities as shall be subject to the trusts of this my will when and as often and in such manner as the said Trustees or Trustee with such consent as aforesaid shall think proper or expedient I also empower the said Trustees or Trustee for the time being of this my will during the lifetime of the said Anna Maria Ross or the lifetime of the said Alice Brand whilst her said annuity shall continue a charge upon my said real and chattel real estate with the consent of the said Anna Maria Ross during her life to demise or lease any real or chattel real lands tenements or hereditaments whatsoever for the time being subject to the trusts of this my will to any person or persons for any term or terms of years not exceeding twenty one years in possession or to commence within six calendar months from the making thereof at rack rent without taking any fine or foregift for the raking thereof and subject to such stipulations and agreements with the tenant or lessee thereof as the said trustees or trustee shall think fit and consent to
And I hereby declare that the receipt or receipts of the acting trustees or trustee for the time being of or under this my will for any money payable to them or him under the trusts powers or authorities of this my will shall effectually discharge the person or persons paying the same respectively from being answerable or accountable for the misapplication or nonapplication thereof or from being obliged to see to the application thereof I give and devise all estates whatsoever solely vested in me as a trustee or mortgagee unto the said Francis William Lock Ross absolutely according to the nature and quality thereof respectively subject to the same trusts and equities respectively upon or subject to which respectively the same are or may be vested in me Provided always and I hereby declare that if either of the said Trustees severally hereinbefore named shall die in my lifetime or if they or either of them or any trustee or trustees to be appointed as hereinafter mentioned shall after my decease die or be desirous of being discharged or refuse or decline or become incapable to act in the trusts of this my will or shall at any time be or have been absent from England for the space of three calendar months or upwards at any one time before the same shall be fully executed or upon any other event which my said daughter shall deem expedient then and in any or either of such cases and so often as the same shall happen the said Anna Maria Ross during her life and notwithstanding her coverture and after her decease the continuing Trustee for the time being in England (if any) and for the purposes of this power a Trustee desirous of being discharged or refusing or declining to act shall be deemed a continuing Trustee and if there shall be none such then the executors or administrators of the last deceased Trustee may appoint any other person or persons without regard to number to be a Trustee or Trustees in the stead of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or being absent as aforesaid And upon every such appointment all the trust estates monies and premises shall be so conveyed assigned and transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require To the uses upon the trusts and with under and subject to the powers and authorities in this my will contained of and concerning the same respectively or such of them as shall be then subsisting and every such new Trustee or Trustees shall (either before or after the said trust promises shall have become so vested) have all and every the same powers authorities and discretions in all respects as if he or they had been originally appointed in and by this my will and I hereby declare that the Trustees or Trustee for the time being of this my will shall be chargeable respectively only for such monies as they or he shall actually receive and shall not be answerable or accountable the one for the other of them nor for any Banker or Broker or other person in whose hands any part of the said trust monies or funds shall or may be placed nor for the insufficiency or deficiency if any security or securities stocks or funds nor otherwise for any involuntary losses and also that the said Trustees or Trustee may reimburse himself and themselves respectively and also to allow to his and their co-trustee out of the trust monies and funds all costs charges damages and expenses which they or any of them shall or may expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto
And I hereby appoint the said Francis William Lock Ross and my said daughter Anna Maria Ross executor and executrix of this my will and revoke all former wills and testamentary dispositions.
In witness whereof I the said Nicholas Brand have at the foot or end of this my will and at the foot of each sheet subscribed my name this twenty third day of December in the year of our Lord one thousand eight hundred and forty eight.
Nichs Brand (LS)
Signed and published by the said Nicholas Brand as and for his last will and testament in the presence of us who being all present together with the said testator at the same time in his presence at his request and in the presence of each other have subscribed our names and attested the same as witnesses thereto the following words having been written on erasures before the execution of the said will by the said testator namely the words "all chattel real" in the twenty second line of the third sheet part of the word disposition in the twenty first line of the fourth sheet and the word "for" in the twenty third line of the sixth page.
John Daw, Solr. Exeter.     David Dyke, Servant to Mr. Ross, Topsham.     Abm. Cooper, Servant to Mr. Ross, Topsham.

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 & Ivy F. Benoit

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

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