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A Collection of Newfoundland Wills
(B)
Thomas Holdsworth Brooking

 

Will of Thomas Holdsworth Brooking
from Newfoundland will books volume 3 pages 99 to 105 probate year 1869

In re
     Thomas H. Brooking      deceased.

This is the last will and testament of me Thomas Holdsworth Brooking of Number 5 Norfolk Crescent Hyde Park in the County of Middlesex Merchant Whereas I have for some time past carried on and now carry on the business of a Merchant at Number 15 New Broad Street in the City of London under the firm or style of Thomas Holdsworth Brooking and Company And Whereas I have for some time past carried on and now carry on the business of a Merchant at Saint John's and other places in the Island of Newfoundland under the firm or style of Brooking and Company in copartnership with Frederick Joseph Wyatt who resides at Saint John's aforesaid and upon the terms and conditions mentioned in certain articles of partnership dated the first day of February one thousand eight hundred and sixty seven and made between me of the one part and the said Frederick Joseph Wyatt of the other part and in a memorandum endorsed on the said Articles of Partnership and dated the twelfth day of April one thousand eight hundred and sixty seven And Whereas I have already advanced my son George Thomas Brooking to a considerable extent and also my son Marmaduke Hart Brooking though not to so great an extent and I therefore do not deem it fair or reasonable to give my said sons an equal share with my other children in the property hereinafter devised and bequeathed Now I give and bequeath all the plate household furniture books pictures china glass matches jewels trinkets clocks wine linen and other articles and effects of what nature or kind soever which shall be in my said dwelling house in Norfolk Crescent aforesaid at the time of my death unto my three daughters Anne Brooking Frances Maria Brooking and Mary Eliza Brooking or such of them as shall survive me to be divided by and between them as nearly as may be in equal shares and if any dispute shall arise concerning the division thereof I direct that the same shall be sold by the executors in England hereinafter named of this my will and the proceeds arising from such sale divided by my said executors between my said three daughters or such of them as shall survive me in equal shares and if only one of my said three daughters shall survive me then I give and bequeath the whole of such furniture articles and effects to such surviving daughter

I give and bequeath a legacy of three thousand pounds to my said daughter Anne Brooking and a legacy of three thousand pounds to my said daughter Mary Eliza Brooking and a legacy of three thousand pounds to my son Francis Albony Brooking who is now a retired Lieutenant Colonel in Her Majesty's Indian Army I give and bequeath a legacy of three thousand pounds to my said executors in England upon trust to invest the same in or upon the public stocks or funds or other Government securities of the United Kingdom or upon real securities in England or upon Railway or other securities guaranteed by the Government of India with power to vary the investment from time to time for any other or others of the like nature and upon trust during the life of my said daughter Frances Maria Brooking or until she shall marry to apply the dividends interest and annual income thereof for her maintenance and benefit in such manner as my said executors shall think fit with full power to pay the same to any person or persons my said executors may think suitable to be applied by such person or persons for her maintenance and benefit and the receipt of such person or persons shall be a good discharge for such dividends interest and annual income and shall in all respects exonerate my said executors from all liability to see to the application thereof And upon further trust from and after the marriage of my said daughter Frances Maria Brooking to pay the said dividends interest and annual income to her during her life for her sole and separate use without power of anticipation and from and after the death of my said daughter I direct my said executors to stand possessed of the said legacy of three thousand pounds and the investments thereof and the dividends interest and annual income thereof Upon trust for all or such one or more of the children of my said daughter as she shall by will whether made during her coverture or afterwards appoint and in default of any such appointment and subject thereto upon trust for all the children equally (if more than one) or for the only child (if but one) of my said daughter who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry And in case there shall be no such child or in case my said daughter shall die without having been married then upon trust for my said daughters Anne Brooking and Mary Eliza Brooking in equal shares but if either of them shall die in the lifetime of the said Frances Maria Brooking then upon trust for the survivor of them absolutely and if both of them shall die in the lifetime of the said Frances Maria Brooking then I direct that the same shall fall into and form part of my residuary personal estate

And I give and bequeath a legacy of three thousand pounds unto and equally between my grandchildren John Brooking Young and George Young (two of the children of my deceased daughter Jane Frances the wife of George Renny Young deceased) and my great grandchild Richard Francis Marmaduke Wood (the only child of my deceased granddaughter Maria Frances Jane the wife of Thomas Pattison Wood and the daughter of the said George Renny Young) if and in case he shall attain the age of twenty one years and subject and without prejudice to the aforesaid five legacies of three thousand pounds each and after providing for the payment in full thereof I give and bequeath the following legacies that is to say a legacy of two thousand pounds to my said daughter Anne Brooking a legacy of two thousand pounds to my said daughter Mary Eliza Brooking a legacy of two thousand pounds to my said son Francis Albony Brooking a legacy of two thousand pounds to my said executors in England upon such and the same trusts as are hereinbefore declared with respect to the legacy of three thousand pounds given to or for the benefit of my said daughter Frances Maria Brooking and her children a legacy of two thousand pounds unto and equally between my said grandchildren John Brooking Young and George Young and my said great grandchild Richard Francis Marmaduke Wood if and in case he shall attain the age of twenty one years and the remaining legacy of two thousand pounds unto my said son Marmaduke Hart Brooking

And as to the residue of my personal estate and effects including the lease of the house in which I now reside and all my ships and shares of ships and partnership assets whether in the United Kingdom or in Newfoundland or elsewhere and as to all my real estate whether in the United Kingdom or in Newfoundland or elsewhere I give devise and bequeath the same unto my executors and Trustees hereinafter named upon trust to sell my said real estate and so much of my said residuary personal estate as shall be of a saleable nature either together or in parcels by public auction or private contract with liberty to make any special or other conditions as to the title or evidence of title or otherwise and to buy in the premises at any sale by auction and to rescind either on terms or gratuitously any contract for sale and to resell (without being answerable for any consequent loss) and to get in the rest of my residuary personal estate and to dispose of the net monies to arise from such real estate and residuary personal estate after payment thereout of my just debts and funeral and testamentary expenses and the legacies by this my will or by any codicil or codicils there to given according to the trusts hereafter declared of and concerning the same and I authorize and empower my said executors and Trustees to postpone for such period as they shall think fit the sale of all or any part of my said real estate and the getting in of such parts of my residuary personal estate as they shall think fit and also to let from year to year or for any time not exceeding twenty one years in possession at the best rent and to manage at their discretion the unsold real and leasehold estate but I declare that from the time of my decease the unsold real estate and the outstanding personal estate shall be subject to the trusts hereinafter declared concerning the said net monies and the rents interest and yearly produce thereof shall be deemed annual income for the purposes of this my will and such real estate shall be transmissible as personal estate and be considered as converted in equity and I direct my said executors and trustees to stand possessed of the said net monies to arise as aforesaid upon trust as to one seventh part thereof for my said daughter Anne Brooking as to one other one seventh part thereof for my said son George Thomas Brooking as to one other one seventh part thereof for my said son Francis Albony Brooking as to one other one seventh part thereof for my said daughter Mary Eliza Brooking as to one other one seventh part thereof for my said son Marmaduke Hart Brooking as to one other one seventh part thereof upon such and the same trusts as are hereinbefore declared with respect to the legacy for three thousand pounds given to or for the benefit of my said daughter Frances Maria Brooking and her children and as to the remaining one seventh part thereof upon trust for my said grandchildren John Brooking Young and George Young and my said great grandchild Richard Francis Marmaduke Wood (if and in case he shall attain the age of twenty one years) in equal shares But in case my said great grandchild Richard Francis Marmaduke Wood shall die under the age of twenty one years I direct my said executors or Trustees to stand possessed of his share of the said two several legacies of three thousand pounds and two thousand pounds and share of residue hereinbefore given to him Upon trust for my said three daughters in equal shares but I direct that the share of my said daughter Frances Maria Brooking therein respectively shall be held by my said executors and Trustees Upon such and the same trusts as are hereinbefore declared with respect to the legacy of three thousand pounds given to or for the benefit of my said daughters Frances Maria Brooking And I authorize and empower my said executors in England to apply for the maintenance and education or otherwise for the benefit of each grandchild being the child of my said daughter Frances Maria Brooking and or of my said great grandchild during his or her minority the whole or any part of the income of the legacies or share of residue to which such grandchild or great grandchild shall be entitled in possession or presumptively entitled contingently on attaining the age of twenty one years and the unapplied income if any shall be accumulated and invested in stocks funds or securities of the nature hereinbefore prescribed with respect to the said legacy of three thousand pounds given to or for the benefit of my said daughter Frances Maria Brooking and her children and such accumulation shall be subject to the like trusts and powers and shall form part of the capital of the legacy or share whence the same income shall have arisen

And I also empower my said executors to apply for the advancement or otherwise for the benefit of each such grandchild and great grandchild any part or parts not exceeding in the whole one half of the capital of the legacy or share to which such grandchild or great grandchild shall be entitled either in possession or contingently on attaining the twenty one or in reversion immediately expectant on a prior life interest but no such application of a reversionary legacy or share shall be made without the previous consent in writing of the person on whose death such prior interest shall be determinable I nominate and appoint my said sons George Thomas Brooking and Marmaduke Hart Brooking to be executors and Trustees of this my will but for the sole purpose of winding up and realizing such parts of my property as may be locally situate in Newfoundland I nominate and appoint the said Frederick Joseph Wyatt to be executor and Trustee of this my will jointly with my said two sons in and for Newfoundland but not elsewhere And I authorize and empower my said executors to pay and satisfy or compromise or compound any debts owing or claimed to be owing by or from me or my estate and any liabilities to which I or my estate may be or may be alleged to be subject and to accept any composition or any security real or personal for any debts owing to me or my estate and to allow such time for the payment of any such debt or composition as to them or him shall seem reasonable and to refer to arbitration and settle all debts accounts questions and things which shall be owing from or to me or my estate or be depending or arise between me or my said executors and any other person or persons and generally to act in relation to the premises in such manner as they or he shall think expedient without being liable for any loss occasioned thereby And in addition to the powers of signing valid receipts and other powers by law given to executors and Trustees I authorize and empower my said executors in England or the survivor of them to make any arrangements which to them or him shall seem reasonable for the settlement and adjustment with the said Frederick Joseph Wyatt or with any other partner or partners I may have at the time of my death of all my rights and liabilities in respect of my partnership business or businesses with full power to accept an agreed or estimated sum as the value of my share and interest in such partnership business or businesses and to make any arrangements for giving time to the said Frederick Joseph Wyatt or any other surviving partner or partners and for accepting payment from him or them by such instalments as may be thought proper and generally to act in the premises in such manner as my said executors or the survivor of them shall think proper without being liable for any loss which may be occasioned thereby And I declare that the present power may be exercised either in connection with or independently of any provision for similar objects contained in the said Articles of Partnership of the first day of February one thousand eight hundred and sixty seven or in any other Articles of Partnership and in exercise of the power given to me by the seventeenth clause of the said Articles of Partnership of the first day of February one thousand eighter hundred and sixty seven I nominate and appoint my said executors in England or the survivor of them to stand in my place and to be entitled to the rights and subject to the duties to which I am entitled and subject by virtue of the said articles but nevertheless as executors and Trustees of this my will and not for their or his own personal benefit

Lastly I revoke all former wills made by me and declare that this writing consisting of six sheets of paper contains the whole of my will. In witness whereof I have hereunder set my hand this fifteenth day of February one thousand eight hundred and sixty eight and I have also set my hand to each of the five preceding sheets of this my will-

Thos. H. Brooking- Signed published and declared by the said Thomas Holdsworth Brooking the testator as and for his last will and testament in the presence of all of us present at the same time who at his request in his presence and in the presence of each other have hereunder subscribed our names as witnesses hereunto, Jno. M. Malleson, Solr. 11 Austin Friars London- Henry Wilson- Robert Attwooll Andrews, his clerks.

This is a codicil to the last will and testament of me Thomas Holdsworth Brooking of Number 5 Norfolk Crescent Hyde Park in the County of Middlesex Merchant which will bears date the fifteenth day of February one thousand eight hundred and sixty eight I confirm the Indenture dated the nineteenth day of February one thousand eight hundred and sixty eight and made between myself of the first part Catherine Brooking my wife (commonly known as Catherine Wyatt widow) of the second part and Frederick Joseph Wyatt of the third part and the annuity thereby covenanted to be paid and I direct the same to be raised and paid by my executors accordingly In all other respects I confirm my said will In witness whereof I have hereunder set my hand this twentieth day of February one thousand eight hundred and sixty eight-

Tho. H. Brooking. Signed published and declared by the said Thomas Holdsworth Brooking the testator as and for a codicil to his last will and testament in the presence of all of us present at the same time who at his request in his presence and in the presence of each other have hereunder subscribed our names as witnesses hereunto-     Jno. M. Malleson, Solr. 11 Austin Friars London- Henry Wilson- R. Andrews, same place, his clerks.

This is a second codicil to the will of me Thomas Holdsworth Brooking of Number 5 Norfolk Crescent Hyde Park in the County of Middlesex Merchant which will bears date the fifteenth day of February one thousand eight hundred and sixty eight Whereas since the date and execution of my said will and of the codicil thereto dated the twentieth day of February one thousand eight hundred and sixty eight my son Francis Albony Brooking has died and the benefits given to him by my said will have thereby lapsed Now Therefore I do hereby direct that the legacies and other the part share and interest in my property by my said will given to my said son shall be divided into three equal portions and I bequeath one of such portions to my daughter Anne Brooking another of such portions to my daughter Mary Eliza Brooking and the other of such portions to my executors in England in my said will named Upon such and the same trusts as are by my said will declared with respect to the legacy of three thousand pounds given to or for the benefit of my daughter Frances Maria Brooking and her children I confirm my said will save so far as the same is hereby or by my said codicil altered or varied and I confirm my said codicil In witness whereof I have hereunder set my hand this tenth day of March one thousand eight hundred and sixty eight-

Thos. H. Brooking- Signed published and declared by the said Thomas Holdsworth Brooking the testator as and for a second codicil to his last will and testament in the presence of all of us present at the same time who at his request in his presence and in the presence of each other have hereunder subscribed our names as witnesses thereunto Jno. M. Malleson, Solr. 11 Austin Friars, London- John Smee- Henry Wilson, same place, his clerks.

Certified correct,
D. M. Browning
Registrar

 

 

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. 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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