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Will of Catherine Wyatt Brooking In re This is the last will and testament of me Catherine Brooking formerly Catherine Wyatt Widow heretofore of No. 6 Saint James’s Square Notting Hill in the County of Middlesex but now of No. 34 Blenheim Crescent Notting Hill aforesaid again a widow I hereby revoke all and every wills and will and testamentary dispositions and disposition by me heretofore made I desire to be buried in the plainest and most simple manner I appoint my friends Thomas Frederick Sorel of Shesham Place Belgrave Square in the County of Middlesex Esquire Frederick Bowker Terrington Carter of Saint John’s Newfoundland Q.C. Her Majesty’s Attorney General there and Thomas Tucker Bennett of Queens Square Bristol Esquire executor and trustees of this my will Whereas my first husband John Wyatt deceased by his will
bearing date the sixth day of September one thousand eight hundred and forty
one and proved in the Prerogative Court of the Archbishop of Canterbury in
the month of April one thousand eight hundred and forty seven gave devised
and bequeathed (after my death) unto such of his children as should survive
me or their issue at such time or times in such manner or form and in such
shares and proportions equal or unequal and for such estate and estates as
I by my last will and testament in writing should direct or appoint all his
lands tenements hereditaments and premises and all other his real estate whatsoever
or wheresoever situate and also all such personal estate and effects of his
as might be undisposed of or unappropriated at the time of my decease And whereas
no part of my said first husband’s personal estate remains undisposed
of and the only lands tenements hereditaments or real estate of or to which
my said first husband was seized or entitled at the time of his death consisted
of the lands tenements storehouses buildings wharves and premises known by
the name of Wyatt’s Plantation situate on the south side of
Water Street in Saint John’s Newfoundland
aforesaid and the appurtenances now held under a lease bearing date the twenty
third day of February one thousand eight hundred and fifty nine granted by
me and the children of my marriage with the said late John Wyatt to Thomas
Holdsworth Brooking and George Thomas Brooking for
a term of nine hundred and ninety-nine years at the yearly rent of one hundred
and twenty-five pounds Now I do hereby confirm the said lease and do direct
that the same shall be confirmed by all the persons claiming under this my
will And in exercise and execution of the power or authority for this purpose
vested in me by the said recited will and of every or any other power or authority
in any wise enabling me in this behalf I do hereby appoint devise and bequeath
the said plantation and hereditaments called Wyatt’s plantation and
the appurtenances thereto (subject to the said lease) and all other real and
personal estate (if any) hereinafter referred to as “the said trust
estate” over which I have a power of appointment
or disposition under the said recited will or otherwise howsoever unto my said
hereinbefore named trustees their heirs executors administrators and assigns
according to the nature and quality thereof respectively to be held by them
upon the trusts following (that is to say) As to fifty equal undivided one
hundred and twenty-fifth parts or shares thereof (the whole into one hundred
and twenty five equal parts to be considered as divided) Upon trust for my
daughter Sarah
Eliza the wife of William Keane her heirs executors
administrators and assigns absolutely for her sole and separate use and benefit
and to be at her own disposal independently of her present or any future husband
and of his debts control contracts and engagements and for which her receipt
alone shall be a good discharge I bequeath all my plate to my said grandson John Wyatt And
subject as aforesaid I give devise and bequeath all my plated articles and
all other the real and personal estate which I shall be entitled to at the
time of my decease or which by virtue of any power or authority I am competent
to dispose of (subject nevertheless to the payment of my funeral and testamentary
expenses and also of my debts including the sum of twenty pounds advanced to
me by my said late son Frederick Joseph Wyatt unto my niece Catherine the
widow of my said late son Francis John Brooking Wyatt and
to my said daughter Sarah
Eliza Keane in
equal shares and proportions as tenants in common The share of the said Sarah
Eliza Keane to be paid into her hands or made over to her for her
sole and separate use and benefit and to be at her own disposal independently
of her present or any future husband and of his debts control contracts and
engagements and for which her receipts or receipt alone shall be good discharges
or a good discharge This is a codicil to the last will and testament of me Catherine Brooking of
No. 9 Pyrland Road Richmond Surrey Widow and which will bears date the nineteenth
day of February one thousand eight hundred and seventy-six Whereas I have
in and by my said will appointed devised and bequeathed my plantation and hereditaments
called Wyatt’s Plantation and the appurtenances thereto
(subject to the lease in my said will mentioned) and all other my real
and personal estate whatsoever and which is in the said will thereinafter
referred to as “the said trust
estate”) unto the trustees in my said will named their heirs
executors administrators and assigns to be held by them upon certain trusts
(the whole being considered as divided into one hundred and twenty-five
equal parts) as to thirty-five one hundred and twenty-fifth parts or shares
thereof Upon trust for my grandson John son of my late
son Frederick
Joseph Wyatt absolutely but
if my said grandson John Wyatt should die in my lifetime
then I directed that those thirty-five one hundred and twenty-fifth parts
or shares should be held upon trust for the child if only one or all the
children if more than one of my said grandson John who
being a son or sons should attain the age of twenty-one years or being
a daughter or daughters should either attain that age or be married and
if more than one such child in equal shares as tenants in common but if
there should be no such child of my said grandson John then
I appointed and directed certain gifts over of his said share in favor
of the child or children of my late son Francis John Brooking Wyatt and
to and for the separate use of my daughter
Sarah Eliza Keane now I do hereby declare this to be a
codicil to my said will and I do hereby revoke the appointment and bequest
over of the said thirty-five one hundred and twenty fifth parts or shares
of my said grandson John in case
there shall be no such child of my grandson John in case
there shall be no such child of my grandson in favor of the child or children
of my late son Francis
John Brooking Wyatt and in and for the separate use of my daughter Sarah
Eliza Keane but not the appointment to my said grandson personally
and his child or children
And in all other respects I confirm my said will In witness whereof I have hereunto set my hand the seventeenth day of June one thousand eight hundred and seventy nine- C. Brooking- Signed by the said Catherine Brooking as and for a codicil to her last will and testament in the presence of us being present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses- J.E. Hawkeford, Solr. 27 King St. Cheapside London- Mary Rourke. Certified correct,
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Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed 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 and also no paragraphs. 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. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document. |
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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