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A Collection of Newfoundland Wills
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Arthur Holdsworth Brooking
Will of Arthur Holdsworth Brooking
from Newfoundland will books volume 1 pages 229 to 237 probate year 1836
Arthur Holdsworth Brooking deceased.
This is the last will and testament of me Arthur Holdsworth Brooking of No. 53 Cadogan Park Sloane Street in the County of Middlesex Esquire I constitute and appoint my dear wife Mary Brooking my son the Reverend Arthur Brooking and my nephew Thomas Holdsworth Brooking Esquire executrix and executors of this my will I give and bequeath to my said wife all my household goods and furniture Wines Plate Linen China Glass Books Prints pictures and other household effects that may be in or about my dwelling house at my decease during her life or so long as he shall continue unmarried and after her decease or marriage I give and bequeath the same unto all and every my daughters who shall be Spinsters at the decease of my said wife for and during their lives or so long as they shall continue Spinsters in equal shares and proportions and upon the death or marriage of each of such daughters then unto such one or more of them as from time to time shall remain a Spinster or Spinsters and equally if more than one and from and after the decease or marriage of my said wife and the decease or marriage of all my said daughters then I direct the said furniture and effects to be sold by my executors and to sink into and become part of my residuary estate and I direct that my said executors shall as soon as conveniently may be after my decease take or cause to be taken an Inventory of the said Furniture and effects and that my said wife shall sign the same and that my said wife and such of my said daughters as shall for the time being be entitled to the use and enjoyment of the said furniture and effects shall be bound to keep the same in good order and condition and make good any loss damage or destruction which may happen thereto or any part thereof during their respective enjoyment thereof reasonable use wear and tear only excepted And I direct my said wife and such of my said daughters as shall for the time being be entitled to the enjoyment of the said furniture and effects to insure the same at her and their expense during their respective occupation and enjoyment thereof against loss or damage by fire
I give and devise unto my said wife and the said Arthur Brooking and Thomas Holdsworth Brooking all and every my messuages lands and hereditaments situate at Saint John's in Newfoundland or in Canada and all other my real and leasehold estates whatsoever and wheresoever situate whereof or whereto I am now seized or entitled or over which I have any disposing power with their and every of their appurtenances to hold unto and to the use of them my said wife Arthur Brooking and Thomas Holdsworth Brooking their heirs executors administrators and assigns according to the nature thereof respectively nevertheless upon the trusts and for the purposes and subject to the declarations hereinafter expressed or declared containing the same that is to say Upon trust as soon as conveniently may be after my decease absolutely to sell and dispose of my said estates either altogether or in parcels and either by public auction or by private contract of such prices as can be reasonably obtained for the same with liberty to buy in the same at any such auction and afterwards to sell the same at any future auction or by private contract without being accountable for any loss or diminution in price occasioned by such postponed sale and also to make enter into and execute all such contracts conveyances and assurances as shall be necessarily and reasonably required of carrying such sale or sales into complete effect and I declare and direct that the clear proceeds of the sale or sales of my said estates shall be added to and consolidated with my residuary personal estate hereinafter bequeathed and shall be subject to the several trusts and dispositions of this my will concerning the same Provided always that it shall be lawful for the Trustees or Trustee for the time being of this my will to postpone such sale or sales of my said estate for such further time as they or he shall deem expedient and that in the meantime until such sale or sales shall be made the clear yearly rents and profits of my said estates shall be paid to the same person or persons and applied for the same purposes in all respects as the interest or yearly income of the money to arise by or from such sale or sales would after such sale or sales be payable or applicable to by virtue of this my will and I hereby authorise and empower my said Trustees or trustee for the time being until such sale or sales as aforesaid shall be made to manage my said estates in such manner as they she or he shall deem expedient and to grant any lease or leases thereof to hold from year to year or for any term or number of years not exceeding twenty one years and as to all my ready money money in the public funds securities for money and all other my personal estate and effects whatsoever and wheresoever and of what nature or kind soever not hereby specifically disposed of I give and bequeath the same and every part thereof unto my said wife and the said Arthur Brooking and Thomas Holdsworth Brooking their executors administrators and assigns upon the trusts following that is to say Upon trust as soon as conveniently may be after my decease to sell and dispose of collect get in and convert into money my said residuary personal estate except such parts thereof as shall consist of real securities or stock in the three per cent consolidated or reduced Bank annuities and shall not be required for the immediate purposes of this my will and upon trust out of the monies to arise and be received from my said personal estate to pay satisfy and discharge the expenses of my funeral and of proving this my will and all the debts which I shall owe at the time of my decease And I hereby authorise and empower my said Trustees and Executors and the survivors and survivor of them and the Trustee and Trustee for the time being of this my will from time to time to compromise or compound any debts or demands which shall appear to be owing to my estate in any case where the same shall seem necessary or expedient and to give or allow time for payment of any such debt upon such security as they she or he shall think fit and also to admit or allow of any claim or demand which may be made against my said estate upon such evidence as they she or he shall think reasonable and moreover to refer to arbitration any doubt or dispute which may arise concerning the extent or reality of any debt or demand which may appear or be claimed as due to or from my estate and to submit and to perform the award or the arbitrator or arbitrators to be appointed in any such reference in all respects whatsoever and I do hereby declare and direct that my said Trustees and executors and the trustees or trustee for the time being of this my will do and shall stand and be possessed of and interested of and in the clear surplus of my said residuary estate or the proceeds thereof including the proceeds of the sale of my said real and leasehold estates which shall remain after empowering the trusts aforesaid upon trust to place out and invest or continue the same in their his or her names or name upon some or one of the Parliamentary or public stocks or funds of Great Britain or upon Government or real securities at interest and from time to time at the discretion of the same trustees or trustee to call in sell or dispose of the stocks funds or securities upon which the same trust funds or any part thereof shall for the time being be invested and to place out and invest the same again in or upon new or other stocks funds or securities of the like nature until the same shall become payable or transferrable pursuant to the trusts and directions of this my will and so shall stand and be possessed and interested of and in the said trust fund stocks funds and securities upon the trusts following that is to say Upon trust to pay the dividends interest and annual proceeds therefrom arising as the same shall be received unto my said wife or her assigns for and during her life or so long as she shall continue unmarried and from and after her decease or marriage upon trust thereout to purchase or continue and appropriate and set apart in their his or her names or name such an amount of three per cent consolidated or reduced Bank annuities as will reduce the annual sum of Fifty pounds and upon trust to pay the dividends interest and annual proceeds of such last mentioned Bank annuities unto my said son Arthur Brooking and his assigns during his life and from and after his decease upon trust to pay transfer or divide the said last mentioned Bank annuities unto or between all and every the child or children of my said son Arthur lawfully begotten who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age equally to be divided between such children if more than one and in case there should be no child of my said son Arthur who shall acquire a vested interest under the trusts aforesaid then upon the trusts hereinafter declared of and concerning the surplus of my residuary estate and upon further trust from and out of my said residuary estate to purchase in the names or name of the Trustees or trustee for the time being of this my will such several sums of three per cent consolidated or reduced Bank annuities producing each the annual income of Fifty pounds as shall be equal to the number of my daughters including my deceased daughter Mrs. Mande who shall be or have been married at the time of my decease and shall be then living or having previously died shall have left children or a child then living and from time to time on the marriage of each and every of my daughters who shall be Spinsters at my decease to purchase in like manner a further sum of three per cent consolidated or reduced Bank annuities of such amount as last aforesaid and I declare and direct that my said trustees or trustee for the time being shall appropriate and set apart one of the same sums of Bank annuities in trust for each of my daughters living at my decease and having married or to be married as aforesaid and her children and one of the same sums for the child if an only one or if more than one the children living at my decease of each of my daughters (including my said daughter Mrs. Mande) who shall have died in my lifetime and I direct my said trustee or trustee to stand possessed of the sums so to be appropriated upon the trusts following (that is to say) Upon trust as to the sums so set apart for daughters living at my decease and the dividends interest and annual produce thereof respectively to pay the dividends interest and annual produce of each such sum unto the daughter for whose benefit the same shall be appropriated during her life and after her decease upon trust to pay transfer or divide such sum of Bank annuities unto or between all and every the child or children of such daughter who being a son shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age equally to be divided between such children of my said daughters if more than one as to the sums so set apart for the child and children living at my decease of daughters who shall have died in my lifetime upon trust to transfer pay or divide each such last mentioned sum unto or between all and every the child and children of the deceased daughter for whose benefit the same shall be appropriated who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age equally to be divided between the same children if more than one and as to the surplus of my Residuary estate afer answering the trusts and purposes aforesaid and as to all and very sum and sums of Bank annuities and share and sharers thereof wherein no child of my said son or of my said daughters shall a vested interest under the trusts aforesaid I declare and direct that my Trustees or Trustee for the time being shall stand possessed thereof upon trust to pay the dividends interest and annual proceeds thereof from time to time unto such of my daughters as shall for the time being be Spinsters in equal shares and proportions for their respective lives or so long as they shall respectively continue Spinsters and if and when there shall be one daughter only a Spinster then to pay the whole of such dividends interest and annual proceeds unto such daughter during her life or so long as she shall continue a Spinster and from and after the decease or marriage of all my said Spinster daughters upon trust to pay the said last mentioned dividends interest and annual proceeds unto all and every or such one or more of my sons and daughters as shall be then living for and during their lives in equal shares with benefit of survivor ship between or amongst them as to their original and accruing shares on the decease of the other or others of them and when there shall be but one surviving son or daughter then upon trust to pay the same dividends interest and yearly proceeds to such surviving son or daughter thenceforth during his or her life and after the decease of my son and all my daughters then upon trust to pay or transfer the capital of the said trust estate and effects unto or between all and every the child or children of all and every my son and daughters who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age equally to be divided between or amongst such children as tenants in common if more than one Yet Nevertheless that the said children shall take per stirpes and not per capita and in case there shall not be any child who shall acquire a vested interest under the trusts last aforesaid then in trust to transfer the capital of the said trust estate to such person or persons and in such manner as the survivor of my son and daughters by his or her last will and testament in writing or any codicil thereto or any writing purporting to be or in the nature of his or her last will and testament shall and if such survivor be a daughter whether such daughter be covert or sole and not withstanding any coverture direct or appoint give or bequeath the same and in default of such direction or appointment gift or bequest or so far as the same if incomplete shall not extend then in trust for such person or persons as under the Stature for distribution of Intestates estate would have been the next of kin of such surviving son or daur and entitled to his or her personal estate in case he or she had died without having been married and intestate and I hereby declare and direct that notwithstanding the trusts aforesaid or anything hereinbefore contained to the contrary the Income to which any of my said daughters shall be entitled under the trusts hereinbefore declared shall be for their sole separate and inalienable use and benefit and I accordingly direct my said Trustees or trustee for the time being to pay such income during the respective lives of my said daughters when and as the same shall from time to time be received into the proper hands of them my said daughters respectively or unto such person or persons as they respectively by any note or writing under their respective hands shall after the same shall have become actually due and not by way of anticipation appoint to receive the same to the intent that the same may be and remain a separate personal and inalienable provision for my said daughters respectively during their respective lives and may not be subject to the debts controul disposition or engagements of their present or any future husbands and that the receipts of my said daughters respectively or of such person or persons as they respectively shall from time to time appoint in manner aforesaid and such receipts only shall be sufficient discharges to my said trustees or trustee for the time for so much of the said trust money as shall therein be acknowledged or expressed to have been received Provided also and I hereby will and direct that it shall and may be lawful for the said Trustees and trustee for the time being acting under this my will to apply all or any part of the income of the share or shares to which any infant or infants shall be presumptively or otherwise entitled in the said trust monies stocks funds and securities by virtue of this my will in for or towards the maintenance and education of the same infant or infants respectively in such manner as my said trustees or trustee shall think fit and that the residue of such income unapplied as aforesaid shall be added to the principal of the same share and shares and accumulate therewith in the nature of compound interest and be subject to all the dispositions herein contained concerning the same share and shares yet nevertheless so that the savings and increase of any increase of any preceding year or years shall or may be applied in and for such maintenance and education in any succeeding year or years and I hereby further declare that the receipt of my said wife and that such Arthur Brooking and Thomas Holdsworth Brooking or the survivors or survivor of them their his or her executors administrators or assigns in writing under their his or her hands or hand upon payment to them him or her from time to time of all or any part of the purchase money for my said real estate or any other sum or sums of money pursuant to the trusts hereinbefore declared shall be a good and effectual acquittance and discharge to the purchaser or purchasers or other person or persons making such payment for so much money as shall in such receipt be acknowledged or expressed to have been received and that such purchaser or purchasers or other person or persons his or their respective heirs executors administrators and assigns or any of them shall not afterwards be answerable or accountable for the money for which any such receipt shall be given as aforesaid nor the loss misapplication or nonapplication of the same or any part thereof Provided also and I do hereby further declare and direct that if any of my said trustees hereby appointed or any succeeding trustee to be appointed by virtue of this provision shall depart this life or desire to be discharged of or from or decline or become incapable to act in the trusts of this my will before the same shall be fully performed and satisfied then and so often a new trustee shall and may be appointed in his or her place or stead by the trustees or trustee surviving or continuing to act or by the last acting trustees or trustee or the executors or administrators of such last acting trustee and the said trust estates and premises shall from time to time be conveyed and transferred so as to be vested in the acting trustees or trustee for the time being and every such new trustee shall and may act in the management and execution of the trusts of this my will and shall and may exercise the same power and discretion in all respects as if he had originally been appointed a trustee of this my will Provided also and I do hereby declare that the said trustee or trustees for the time being acting under this my will shall not be charged or chargeable with any more monies than they respectively shall receive under the trusts hereby declared and that none of them shall be answerable or accountable for any other or others of them but each of them for his own acts receipts neglects and defaults only nor for any misfortune loss or damage incident to the execution of the said trusts except the same shall be occasioned by or through the wilful default of such trustees or trustee respectively and also that it shall be lawful for the said trustees or trustee out of the monies which shall come to their respective hands by virtue of this my will in the first place to deduct and retain and reimburse themselves respectively all costs charges and expenses to be sustained or expended in or about the execution of the trusts hereby created or declared or in any wise relating thereto and I hereby appoint my said wife and the said Arthur Brooking and Thomas Holdsworth Brooking and the survivors and survivor of them Guardians and Guardian of such of my children as shall be under the age of twenty one years at the time of my decease during the respective minorities and I give and devise all such real estates as are vested in me by way of mortgage unto and to the use of my said wife and the said Arthur Brooking and Thomas Holdsworth Brooking their heirs and assigns in order to enable them with the greater ease and convenience to recover and get in the money secured by such mortgages for the purposes of this my will and I also devise all such real estates as are vested in me or any trusts unto and to the use of my said wife and the said Arthur Brooking and Thomas Holdsworth Brooking and their assigns and I hereby revoke all former wills and declare this alone to be my last will and testament
In witness whereof I the said testator Arthur Holdsworth Brooking have to this my last will and testament contained in seven sheets of paper set my hand and seal (that is to say) my hand to the six first sheets and my hand and seal to this seventh and last sheet thereof this twenty sixth day of August in the year of our Lord one thousand eight hundred and thirty four. A. H. Brooking.
Signed Sealed published and declared by the said testator Arthur Holdsworth Brooking as and for his last will and testament in the presence of us who at this request in his presence and in the presence of each other have hereto set our names as witnesses. R. A. Wadeson, 11 Austin Friars London. Tho. Musson, 215 High Holborn. Saml W. Fowler Clerk to Mr. Wadeson.
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 (March 10, 2003)
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