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A Collection of Newfoundland Wills
(G)
John Bingley Garland

 

Will of John Bingley Garland
from Newfoundland will books volume 3 pages 407 to 416 probate year 1875

In re
     John Bingley Garland deceased.

This is the last will and testament of me John Bingley Garland of Stone Cottage in the Parish of Wimborne Minster in the county of Dorset and of Leeson House in the parish of Langton Matravers in the said County of Dorset and of No. 17 Westbourne Terrace Paddington in the County of Middlesex Esquire     I direct all my just debts funeral and testamentary expenses to be fully paid as soon as possible after my decease I give and devise unto my two sons the Reverend George Vallis Garland and the Reverend Lester Lester all my real and personal estate of what nature and kind soever not otherwise specifically bequeathed by this my will upon trust to sell realize and convert into money all such parts thereof as shall not consist of money and from and out of the proceeds thereof to pay all my debts the legacies bequeathed by this my will and my funeral and testamentary expenses

I give and bequeath unto my wife Fanny Maria Garland the sum of one thousand pounds to be paid to her within three calendar months after my decease and also all that my leasehold house No. 17 Upper Westbourne Terrace London for her own use and benefit during her life or widowhood but with no power for her to mortgage or charge the same in any way and immediately after her decease or second marriage I direct my executors hereinafter named to sell the said house by public auction and to pay and divide the proceeds of such sale equally between my five daughters share and share alike as tenants in common

I give and bequeath unto my son the Reverend Lester Lester all my farm horses carts and implements of husbandry I direct my executors to allow my said wife to select from my household furniture at Stone not specifically bequeathed such part or parts thereof as she may select for her own absolute use and benefit and I declare that the remaining portion of the said household furniture shall then be offered to my son the said Lester Lester at a sum to be fixed by valuation and should he decline to take the same then I direct the same to be sold by public auction

I direct my said executors to distribute the sum of one hundred pounds amongst the servants living with me at the time of my decease in such shares and proportions as they shall think best

I give and bequeath unto my daughter Frances Augusta the wife of Henry Hoste Swinny the sum of one thousand pounds to be paid to her for her sole and separate use free of the debts and control of her present or any future husband

I give and bequeath unto Christopher Spurrier of Brighton Gentleman an annuity of twenty six pounds to be paid by my said Trustees during the term of his natural life and I especially charge the same upon my lands at Stone and Cowgrove hereinafter devised

I direct my said executors to pay and allow to my old servants Anne Holloway and Anne Rowe the same weekly allowance as I now make to them for the term of their natural lives and I direct my said executors to invest a sum of money sufficient to provide for this weekly allowance

I give and bequeath the following legacies namely unto Frances the wife of my son the Reverend George Vallis Garland the sum of fifty pounds Unto Julia the wife of my son the said Reverend Lester Lester the sum of fifty pounds Unto the Reverend Henry Good to purchase a ring five pounds Unto Mary Allen of Wimborne fifty pounds Unto Matilda Allen the sum of one hundred pounds (these two last mentioned legacies to be free of legacy duty) Unto William Druitt of Wimborne the sum of one hundred pounds Unto Frank Herbert Tannor the sum of one hundred pounds

I give and bequeath unto my said sons the Reverend George Vallis Garland and the Reverend Lester Lester or the survivor of them or the executors or administrators of such survivor the sum of eight thousand pounds to be invested by them in their joint names upon real or Government securities in England as they or he may think fit with power to vary and change such securities from time to time as to them or him shall seem expedient and to pay and apply the interest dividends or annual produce arising therefrom into the proper hands of my said wife Fanny Maria Garland during her life or widowhood for her sole use and benefit but nevertheless so that my said wife shall not have power to deprive herself in any way thereof by sale mortgage charge or otherwise to anticipate the income and the income and the receipt of my said wife alone shall only be a sufficient discharge to my said Trustees for the payment of the said interest dividends or annual produce But in case my said wife shall marry again then I direct my said Trustees to pay and divide the sum of four thousand pounds half of the said sum of eight thousand pounds so invested unto and equally between my said five daughters share and share alike as tenants in common and not joint tenants And as to the remaining four thousand pounds to invest the same upon the aforesaid securities and to pay the income interest or dividends arising therefrom unto my said wife for her sole and separate use free of the debts and control of any husband with whom she may intermarry and with no power for my said wife to in any way charge mortgage or anticipate the annual income arising therefrom but so that her receipt alone shall be a discharge to my said Trustees and immediately after the decease of my said wife I direct and declare that the said sum of eight thousand pounds (if she shall then be my widow) or the remaining moiety four thousand pounds (if she shall have married again) as the case may be shall go to and be divided equally amongst my said five daughters namely Amy Pyper Maria Georgiana Cass Ellen Blanche Pumptre Margaret Deborah Cookesley and Frances Augusta Swinny share and share alike as tenants in common and not joint tenants for their respective sole and separate interests

I give and bequeath unto my grandson John Edward Cass the sum of two hundred pounds to be paid to him on his attaining the age of twenty one years

I give and bequeath unto my said two sons the Reverend George Vallis Garland and the Reverend Lester Lester all my pictures and engravings of every description to be divided equally between them (except such of them as may be specifically bequeathed or may have any name affixed thereon by me and such pictures I direct to be given to those whose name or names may be affixed) I give unto my said son the Reverend George Vallis Garland all my books of every description charging him to deliver such of them to those whose names written in them     I give and bequeath all my coins and medals of every description with all books and papers carrying any explanation of the same to my said son the Reverend Lester Lester

I give and bequeath unto my said son the Reverend George Vallis Garland absolutely the following articles namely Enamel portrait by Bohn of his grandfather Vallis the Mourning ring which my father made for his father and mother Amethyst stone with diamond ring now in his possession the twelve silver buttons worn by G.G. the silver snuff box the gold seal Labrador Stone G.G. late G.G. Senior the silver seal engraved G/Jo Viz made by G.G. Senior himself the gold watch late G.G. Junior with black face marked G.G. Junr the gold chain three Onyx Stones given by George V.G. to me my small gold seal engraved coat of arms the silver spectacle case marked G.G. that I gave my father on coming of age the Vine walking stick and his sword when in Poole Association marked G.G. the silver waiter I received from the Peet family also the embossed tea and coffee service marked J.B.J.G. coffee pot the gift of Anne White at Charlton to J.G. tea pot sugar bason cream jug slop bason given by G.R.R. the three embossed silver oval waiters two S.J.V. one J.B. and J.G. the six silver octagon decanter stands matching the spirit frame already given to G.V.G. the four silver dishes J.B. and J.G. and plated stands the pair silver branch three light candlesticks bequeathed by G.G. Senior to Maria Ursula Copland silver broad basket given me by Mr. Marmaduke Hart the four silver sauce tureens late G.G. Senior marked J.B. and J.G. the six glass and silver rimmed salt cellars late G.G. Senior one pair fluted silver candlesticks late G.G. and C.G. Junior one pair of silver snuffers and tray and bed candlesticks J. and G.V. the two silver candlesticks late G.G. Senior and afterwards constantly used by me (begging he will ever value them) the silver salad over stand late G.G. Senior the silver set of casters J.B. and J.G. and the large oval plated waiter J.B.J.G.

I give and bequeath unto my said son the Reverend Lester Lester the gold Egyptian ring given to me by him the three gold figures in black case the gold seal with topaz stone bought of Foel my large silver pencil case with eye given by me to my father and afterwards left to G.G. Junior my Library silver inkstand given by myself and George to my father also the small silver waiter marked G.G.L. provided he gives up in exchange the oval silver waiter now in his possession with the “Garland” crest in the centre and used by my father as a stand for his silver salad dish and which oval silver waiter so given up I desire shall be given to my said son George Vallis Garland absolutely I also give and bequeath to my said son the Reverend Lester Lester the silver slop bason marked G.L. to B.G.G. used at Brussels at the christening of J.B.G. Junior provided that he gives up in exchange the silver slop bason belonging formerly to and in constant use by my father and mother and now in his possession which I then desire may be given to my said wife for her absolute use

I give and bequeath unto my said wife absolutely the following silver and plated articles namely my new silver tea kettle large round silver waiter marked G. Four oval silver salt cellars Octagon silver waiter marked J.B.J.G. pair of silver butter boats pair of high square footed candlesticks the tea set tea sugar and cream basket shape cream jug J.B. and J.G. late B.G. Senior the two silver goblets the sugar castor purchased of Kerridge the silver sugar basket G.R.R to J.G.G. the silver tankard (this tankard for her to give to such child or grandchild as she may select) also the following plated articles namely the two plated Ice pails and all the plated waiters (except the large plated ones J.B.J.G.) I give and bequeath unto my said wife also the large four light centre candlestick used by me in Newfoundland when Speaker there for her use during her life only and after her decease I give and bequeath the same to my grandson Lester Vallis Lester

I give and bequeath to my said daughter Frances Augusta Swinny for her absolute use the silver table sugar Urn J.B. and J.G. the small silver teapot (last purchased in London) the small silver tasting cup all the mythological paintings in the Library purchased by me in Italy also the rosewood round table of views in Rome and wolf with Romulus and Remus in the centre) also the two china and bronze candlesticks which stand on the chimney piece in my Study and my mahogany Devonport which went me on my voyages to Newfoundland     and as to all other silver and plated goods which I have not mentioned and specifically bequeathed I give and bequeath the same unto my said wife and my son George Vallis Garland to be divided by themselves amicably observing as to forks and spoons that the large portion should be given to my said wife

I give and bequeath unto Charles Cass my Ebony walking stick my hall table and the clock standing thereon and all books with the name “John Edward Cass” written in them absolutely     Unto the Reverend Richard Pyper my silver gilt snuff box unto the Reverend Robert William Plumptre my small silver snuff box

I also give and bequeath unto my son the Reverend George Vallis Garland all my furniture goods and effects in or about Leeson House absolutely

I give and devise all that my messuage or house at Stone in the Parish of Wimborne Minster aforesaid the coachhouse stable and all other farm buildings with the lands thereunto adjoining and belonging now in my occupation and also all those my lands at Cowgrove (subject nevertheless to the charge hereinbefore mentioned) and also all that my messuage or tenement at Poole being the house and premises formerly occupied by my father then by my brother George Garland Junior also by me and now in the occupation of Frederick Styring unto my son the said Reverend Lester Lester to hold unto and to the use of him the said Lester Lester for and during the term of his natural life and after the decease of him the said Lester Lester to the use of his first and other sons according to priority of birth and the heirs male of his and their bodies successively and in default of such male issue to my own right heirs for ever     Provided nevertheless and I hereby declare that every son inheriting the said house and land at Stone and Poole after the death of my said son Lester Lester shall immediately after his entering into possession of the same assume take and bear the name of “Garland” in addition to and after his own paternal surname

I give devise and bequeath all those my lands at Alderbury and my cottages at Coombe in the said County of Dorset and the advowson to the living of Langton Matravers unto and to the use of my said son the Reverend George Vallis garland his heirs and assigns for ever

I give and bequeath unto each of my daughters namely Amy Pyper Maria Georgiana Cass Ellen Blanche Plumptre Frances Augusta Swinny and Margaret Deborah Cookesley the sum of three thousand pounds each to be paid to them for their and each of their sole and separate use free of the debts and control of their respective husbands And it is my desire and I strongly recommend each of them to consult some experienced friend to guide them in the choice of investments for their legacies     And lastly I declare that should my estate after payment of my debts and funeral expenses by any means be insufficient to satisfy the whole of the aforesaid legacies in full that then they shall each of them abate in equal proportions to the respective amounts thereof

And as to all the rest reside and remainder of my real and personal estate of what nature and kind soever and wheresoever situate I give devise and bequeath the same unto and equally between my said two sons the Reverend George Vallis Garland and the Reverend Lester Lester their heirs and assigns for ever as tenants in common     And I hereby appoint the said George Vallis Garland and Lester Lester executors and Trustees of this my will and I declare that if the said trustees hereby appointed or either of them or any trustee or trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said trustees or trustee (and for this purpose any retiring trustee shall be considered a trustee) may appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desirous of being discharged or refusing or becoming incapable to act And upon every such appointment the said trust premises shall be so 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 And every such new trustee shall both before and after the said trust premises shall have become so vested have the same powers authorities and discretions as if he had been originally appointed a trustee     And I declare that the Trustees or Trustee for the time being of this my will shall be chargeable only with such monies as they or he respectively shall actually receive and not be answerable the one for the other of them nor for any banker broker or other person in whose hands any of the trust monies shall be placed nor for the insufficiency of any stocks funds shares or securities nor otherwise for involuntary losses and that the said Trustees for the time being may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts and lastly revoking all former wills and codicils by me at any time heretofore made I declare this to be my last will and only will and testament     In witness whereof I the said John Bingley Garland have to this my will contained in this and five preceding sheets of paper set my hand this twenty seventh day of October one thousand eight hundred and seventy one-

J. Bingley Garland-     Signed and declared by the said John Bingley Garland the testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses- Frank H. Tanner Solr Wimborne Dorset- John Corbin his clerk -

This is a codicil to the last will and testament of me John Bingley Garland of stone Cottage in the Parish of Wimborne Minster in the County of Dorset Esquire which will bears date the twenty seventh day of October one thousand eight hundred and seventy one Whereas I have by my said will directed my said executors after the decease of my wife to sell my house No. 17 Upper Westbourne Terrace London and to pay and divide the proceeds arising therefrom unto and equally between my five daughters And whereas I have by my said will directed my said executors to pay and divide a sum of eight thousand pounds after the decease of my said wife (and in the interest of which she has a life interest) unto and equally between my said five daughters And whereas I have also by my said will given unto each of my said daughters namely Amy Pyper Maria Georgiana Cass Ellen Blanche Plumptre Frances Augusta Swinny and Margaret Deborah Cookesley the sum of three thousand pounds for their sole and separate use Now therefore I revoke the aforesaid legacies to my said daughters and instead thereof I give and bequeath the proceeds of the said house No. 17 Upper Westbourne Terrace London and the sum of eight thousand pounds after the decease of my said wife and in which my said wife has a life interest and the sum of ten thousand pounds unto the trustees of my said will the said George Vallis Garland and Lester Lester of the survivor of them or the executors or administrators of such survivor upon trust to invest such sums as the same shall become payable under or by virtue of my said will upon real or Government securities in England with power to vary and change the same as they or he shall think fit and to pay the annual income arising therefrom unto and equally between my said five daughters namely Amy Pyper Maria Georgiana Cass Ellen Blanche Plumptre Frances Augusta Swinny and Margaret Deborah Cookesley for their sole and separate use free from the debts or control of their respective husbands but with no power for my said daughters or either of them to anticipate such yearly income by mortgaging or charging the same in any way and the receipt or receipts of my said daughters respectively during their lifetime shall alone be a discharge to my said trustees for their respective shares of the said annual income and after the decease of my said daughters respectively then to pay the said share of such daughter or daughters so dying as aforesaid into the said principal trust funds unto or between such person or persons as she or they shall by deed or will appoint and in default of such appointment then to pay the interest thereof unto or equally between the child or children of such daughter or daughters so dying as aforesaid on his her or their attaining the age of twenty one years and on such child or children attaining the age of twenty one years then to pay and divide the whole of such share unto or equally between him her or them but in case there shall be no such child or children living at the time of the death of such said daughter or daughters as aforesaid and in default of such no appointments as aforesaid then to pay the annual income of such share of the said principal trust fund unto the husband or husbands of such daughter or daughters so dying as aforesaid for the term of his natural life and after the decease of such husband or husbands respectively then I declare that the said share or shares of such daughter or daughters in such principal trust fund shall fall into and become part of my residuary personal estate

And I also give and bequeath unto the said George Vallis Garland and Lester Lester the sum of one thousand pounds and I hereby ratify and confirm in all other respects my said will     In witness whereof I have hereunto set my hand this twenty ninth day of April one thousand eight hundred and seventy two-

J. Bingley Garland     Signed and declared by the said John Bingley Garland the testator as and for a codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses- Frank H. Tanner Solr Wimborne- John Corbin his clerk.

This is a codicil to the last will and testament of me John Bingley Garland of Stone Cottage in the Parish of Wimborne Minster in the County of Dorset Esquire which will bears date the twenty-seventh day of October one thousand eight hundred and seventy one Whereas I have by my said will given and bequeathed unto my son the Reverend Lester Lester all my farm horses carts and implements of husbandry and also have given and devised all that my messuage or house at Stone in the Parish of Wimborne Minster aforesaid the coachhouse stable and other farm buildings with the lands thereunto adjoining and belonging now in my occupation and also all those my lands and fields at Cowgrove (subject nevertheless to the charge as thereinbefore mentioned) and also all that my messuage or tenement at Poole being the house and premises formerly occupied by my father then by my brother George Garland Junior also by me and now in the occupation of Frederick Styring unto my said son the Reverend Lester Lester to hold unto him for and during the term of his natural life and after his decease to the use of his first and other sons according to priority of birth and the heirs male of his and their bodies successively and in default of such male issue to my own right heirs for ever Now I hereby revoke the bequest of my farm horses carts and implements of husbandry to the said Lester Lester and I also revoke the devise of my house and lands at Stone and at Cowgrove of my house and premises at Poole to the said Lester Lester and his heirs in tail male as in my said will mentioned And I give and bequeath all my farm horses carts and implements of husbandry to my said son the Reverend George Vallis Garland absolutely And I devise all that my messuage or house at Stone in the Parish of Wimborne Minster aforesaid the coach house stable and other the farm buildings with the gardens and lands thereunto adjoining and belonging and now in my occupation and also all those my lands at Cowgrove (formerly occupied by Mr. Carlton) subject nevertheless to the charge in my said will mentioned unto and to the use of my son the Reverend George Vallis Garland and his assigns for and during the term of his natural life and after the decease of the said George Vallis Garland to the use of his first and other sons according to priority of birth and the heirs male of his and their bodies successively and in default of such issue to the use of my son the said Lester Lester and his assigns during the term of his natural life and after the decease of the said Lester Lester to the use of his first and other sons according to priority of birth and the heirs male of his and their bodies successively and in default of such issue then I declare the said estate at Stone and Cowgrove shall fall into and become part of my residuary personal estate and it is my express wish and I hereby declare that any person taking and holding my estate at Stone and Cowgrove under the aforesaid devise shall take and add the name of Garland to his surname     I give and devise unto my son the said Lester Lester all that my house and premises at Poole formerly occupied by my late father and then by myself and now in the occupation of Mr. Frederick Styring to hold to the said Lester Lester and his heirs absolutely and in all other respects I ratify and confirm my said will     In witness whereof I the said John Bingley Garland have to this my codicil contained in this and preceding sheet of paper set my hand this second day of December one thousand eight hundred and seventy three-

J- Bingley Garland-     Signed and declared by the said John Bingley Garland the testator as and for a codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses-     Wm. Druitt Wimborne Minster Surgeon,     Frank H. Tanner Solr Wimborne.

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)

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