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A Collection of Newfoundland Wills
(B)
Edith Nicholson Brooks

 

Will of Edith Nicholson Brooks from Newfoundland will books volume 2 pages 126 to 130 probate year 1859

In re
     Edith Nicholson Brooks      deceased.

This is the last will and testament of me Edith Nikleson Brooks of the town and County of Poole Spinster, First I give devise and bequeath unto my brother Joshua Manjor Brooks of Vauxhall Terrace London Gentleman my cousin Michael Franklin of Mayfair London Gentleman and my friend John Rowdon of Wallworth London Merchant All and singular my real and personal estates messuages tenements storehouses lands hereditaments and premises situate lying and being as well in the Kingdom of Great Britain as in the Island of Newfoundland in North America and elsewhere and also all and singular my goods chattels moneys securities for money estate and effects whatsoever and wheresoever whether in possession reversion remainder or expectancy which I shall be possessed of or entitled unto or over which I shall have a disposing power at the time of my decease To hold the same unto the said Joshua Manjor Brooks Michael Franklin and John Rowdon their heirs executors administrators and assigns according to the nature of the said estates and property respectively upon the several trusts and to and for the several ends intents and purposes hereinafter expressed and declared of and concerning the same (that is to say) in the first place to pay satisfy and discharge all my just debts and funeral and testamentary expenses And in the next place do and shall pay the rents interest dividends and annual produce of my said real and personal estate and the stocks funds or securities in or upon which the same or any part thereof shall or may be laid out or invested to or permit the same to be received by my said brother Joshua Manjor Brooks and his assigns for his and their own use and benefit during his natural life and upon and immediately after his decease then as to all and singular my said trust moneys and estate and the rents interest dividends and annual profits thereof in trust to pay assign transfer convey and assure the same according to the respective tenures thereof unto Michael Franklin Brooks Nathaniel Brooks (sons of my late brother Michael Franklin Brooks deceased) Louisa Newbold the wife of John Newbold of Church Street Bishopsgate Street in the City of London Gentleman (late Louisa Brooks) Mary Ann Brooks Susanna Augusta Brooks and Edith Franklin Brooks (daughters of the said Joshua Manjor Brooks) equally to be divided between and amongst them my said nephews and nieces share and share alike as tenants in common and not as joint tenants when and as they shall respectively attain the age of twenty one years and to their respective heirs executors administrators and assigns according to the nature of the property respectively Provided always and I do hereby further direct that in case and so often as any or either of them my said nephews and nieces shall happen to die in the lifetime of my said brother Joshua Manjor Brooks unmarried then and in every such case and so often as the same shall happen the said trustees or trustee for the time being do and shall stand and be possessed of and interested in the share to which such the said nephew or niece so dying unmarried as aforesaid shall become entitled during his or her life as well originally under the trusts aforesaid as by survivorship or accuror under this present clause In trust for the survivors or survivor of them my said nephews and nieces to be equally divided between and amongst them if more than one share and share alike as tenants in common and not as joint tenants and to their respective heirs executors administrators or assigns and if but one then to such one his or her heirs executors administrators and assigns and to be paid assigned conveyed and assured as and when their original shares shall become payable and transferable as aforesaid and in case and so often as any or either of them my said nephews and nieces shall happen to die in the lifetime of my said brother Joshua Manjor Brooks leaving lawful issue living at his or their death as aforesaid and such issue shall survive my said brother Joshua Manjor Brooks then I direct that the original and also the derivative share or shares of any or either of them my said nephews and nieces so dying and also the accumulations of any of the rents interest dividends and income thereof shall be and remain in trust for such issue or respective issue of any one or more of them my said nephews and nieces so dying as aforesaid and in such parts shares and proportions that such issue may take per stirpes and not per capita and so as the issue of each respective parent may take as tenants in common between themselves
And I do hereby declare that it shall be lawful for my said Trustees to pay and apply the rents dividends and annual income arising from such parts or shares of such issue as aforesaid to and for the support maintenance and education of such issue respectively during their respective minorities Provided always and I do hereby declare that it shall be lawful for the said Joshua Manjor Brooks Michael Franklin and John Rowdon and the survivors and survivor of them and the heirs executors or administrators of such survivor during the life of my said brother Joshua Manjor Brooks to demise or lease all or any part or parts of my messuages lands tenements and hereditaments wheresoever situate for any term of years not exceeding seven at such rent and upon such terms as they or he shall think reasonable but without taking a fine or foregift for the same
Provided always and I do hereby further declare that it shall be lawful for the said Joshua Manjor Brooks Michael Franklin and John Rowdon and the survivors and survivor of them and the heirs executors or administrators of such survivor at any time or times hereafter if he or they shall consider it for the benefit of the estate but not otherwise to dispose of either by way of absolute sale or in exchange for other hereditaments to be situate in England or Wales all or any part of the messuages lands hereditaments and premises hereinbefore devised for such price or prices in money or for such equivalent in hereditaments as to the said Joshua Manjor Brooks Michael Franklin and John Rowdon or the survivors or survivor of them or to the heirs executors or administrators of such survivor shall seem reasonable and I do hereby declare that the said Trustees or Trustee for the time being do and shall stand and be possessed of the moneys to arise from such sale or sales (if any) of the said premises Upon trust that they the said Trustees or Trustee for the time being do and shall lay out and invest the moneys arising from such sale or sales (if any) in their or his names or name in the Parliamentary stocks or public funds of Great Britain or at interest on Government or Real Securities in England or Wales and do and shall from time to time alter vary and transpose the said trust moneys so to be laid out and invested as aforesaid or any of them for into or upon other stocks funds and securities of the like nature at their or his discretion And I do hereby declare that the said Trustees or Trustee for the time being shall stand and be possessed of and interested in any hereditaments to be taken in exchange as aforesaid and also the said trust moneys and the stocks funds and securities in which the same shall be invested and the interest dividends and annual produce thereof To the uses and upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinbefore expressed and declared of and concerning my said trust estate moneys and premises originally devised and bequeathed respectively by this my will or as near thereto as the alteration of the property and other circumstances will admit
Provided always and I do hereby declare that the receipt or receipts of the said Joshua Manjor Brooks Michael Franklin and John Rowdon and of the survivors and survivor of them respectively and the executors administrators and assigns of such survivor for any money payable to them or him respectively by virtue of these presents shall effectually discharge the person or persons paying the same from being answerable or accountable for the misapplication or non-application thereof or to enquire into the necessity or propriety of any sale or sales or exchange or exchanges that may be made or accepted under or by virtue of this my will
Provided always and I do hereby declare that if the Trustees appointed in this my will or any or either of them or any succeeding or future Trustee or Trustees shall die or be desirous of being discharged from or refuse or become incapable of acting in the same trusts before the same shall be fully executed then and in such case it shall and may be lawful to and for the surviving or continuing Trustee of this my will for the time being or the heirs executors or administrators of such survivor by any instrument in writing sealed and delivered in the presence of and attested by two or more credible witnesses to nominate and appoint a new trustee or new trustees and such acts deeds transfers conveyances matters and things shall thereon be made and done as shall effectually vest all the said trust property in such new trustee or trustees upon the trusts and to and for the intents and purposes hereinbefore declared concerning the said trust property
Provided always and I do hereby further declare that my executors and trustees shall be charged and chargeable respectively for such moneys only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and neither of them shall be answerable or accountable for the others or other of them or for involuntary losses And also that it shall and may be lawful for them with and out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and also to allow their respective co-trustees or co-trustee all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or put unto in or about the execution of the aforesaid trusts or in relation thereto And I do hereby revoke all former wills by me at any time heretofore made and declare this only to be my last will and testament whereof I appoint the said Joshua Manjor Brooks Michael Franklin and John Rowdon executors
In testimony whereof I the said Edith Nikleson Brooks the testatrix have to this my last will and testament contained in this and the four preceding sheets of paper set my hand and seal (to wit) my hand to and at the bottom of each of the said four sheets and my hand and seal to the last sheet and my seal at the top of the said sheets where all the said sheets are fixed together this twenty first day of October one thousand eight hundred and thirty.
Edith N. Brooks (LS)
The writing contained in this and the four preceding sheets of paper was signed and sealed by the above named Edith Nickleson Brooks and by her published and declared as and for her last will and testament in the presence of us who have hereunto subscribed our names in her presence and in the presence of each other,
M.K. Welch, Solr. Poole.     Henry Brodribb.     W.A. Fincham, his clerks.

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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