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A Collection of Newfoundland Wills
(G)
Richard John Maxwell Gumbleton

 

Will of Richard John Maxwell Gumbleton
from Newfoundland will books volume 8 pages 149 to 153 probate year 1902
Presumably the insertions of the testators and witnesses names, at three random points in this will, were made at the bottom of each of the pages in the original will.

In re
      Richard J. M. Gumbleton         deceased.

      This is the last will and Testament of me Richard John Maxwell Gumbleton of Glenatore in the County of Cork Esquire    I appoint James Stuart Des Barres of Glenatore aforesaid major of Her Majestys west Indian Regiment and Augustus Henry John Des Barres of Glenatore aforesaid Captain of the Royal Horse Artillery (hereinafter called my Trustees) to be Trustees of this my will I give all my plate jewels linen china glass books pictures prints wines liquors furniture and other household effects and all my carriages and horses live and dead farming stock implements of husbandry and effects at Glenatore aforesaid and at Twyning in the County of Gloucester and also all my money and securities for money and all other my personal estate and effects whatsoever whether in England or Ireland or elsewhere to my wife Matilda Gumbleton absolutely but as my plate jewels china books pictures and prints are considered family heir looms I trust to my wife’s affection and my known wish to bequeath or otherwise return the same at her decease to the descendant of my niece Emma Jane Smith being the devisee of my freehold and leasehold hereditaments and premises
I give devise and bequeath all my freehold and leasehold messuages tenements lands and hereditaments situate in the Counties of Cork and Waterford or elsewhere in Ireland To the use of my said wife Matilda Gumbleton during her life for her sole and separate use And after her decease To the use of the said James Stewart Des Barres during his life and after his decease To the use of the first and other sons successively of my late niece Emma Jane Smith deceased (late the wife of Edward Thomas Smith District Judge of Jamaica) according to seniority in tail male with remainder To the use of the eldest and other daughters successively of the said Emma Jane Smith in tail with remainder To the use of my own right heirs for ever

      I give and devise my Capital messuage or mansion house called Twyning Manor House and my manor of Twyning messuages lands tenements and hereditaments situate in the County of Gloucester or elsewhere in England or Wales. To the use of my said (R.J.M. Gumbleton witnesses G Greene. John H. Woolmer) wife Matilda Gumbleton during her life for her sole and separate use and after her decease To the use of the first and other sons successively of the said Emma Jane Smith deceased according to seniority in tail male with remainder To the use of the eldest and other daughters successively of the said Emma Jane Smith in tail with remainder To the use of my own right heirs for ever

And I declare that if my Trustees shall enter into possession of the said hereditaments during the infancy of a tenant in tail under this my will and such tenant in tail shall die during infancy and if a doughter without having been married then and in such case the accumulation (if any) arising during such infancy shall be held upon trust for the tenant in tail next after the decease of the infant so dying and I declare that it shall be lawful for my Trustees during the minority of any person who if of full age would be entitled for the time being under this my will to the hereditaments hereinbefore devised as tenant in tail in possession to appoint by way of Lease the said hereditaments or any part thereof to any person or persons for any term of years not exceeding twenty one years to take effect in possession so that there be reserved upon every such Lease the best rent to be incident to the immediate reversion that can be reasonably obtained for the same without taking anything in the nature of a fine or premium for the making thereof and so that there be therein contained a power of re-entry for non-payment of the rent thereby reserved for any space not exceeding thirty days and so that the Lessee do execute a counterpart thereof and do thereby covenant for the payment of the rent thereby reserved and be not made disfrusnishable(?) for waste And I declare that every descendant of the said Emma Jane Smith deceased who shall become entitled under this my will to the hereditaments hereinbefore devised as tenant for life or tenant in tail in possession and who shall not then bear the surname and Arms of Maxwell Gumbleton shall within twelve Calendar months after he or she shall have become as entitled in possession as aforesaid or if he or she shall be under the age of twenty one years then within twelve Calendar months after he or she shall (R.J. M. Gumbleton witnesses Gr. Greene John H. Woolmer) have attained that age assume the surname and arms of Maxwell Gumbleton and apply for and endeavour to obtain a royal license or other proper authority for that purpose (and if the person so becoming entitled as aforesaid shall be a female and shall marry then her husband shall within twelve Calendar months after she shall have become entitled in possession as aforesaid or after her marriage (which shall last happen) also assume the said surname and arms and apply for and endeavour to obtain a Royal License or other proper authority for that purpose and if the person so becoming entitled as aforesaid or in the case of a married woman her husband shall fail to comply with the direction last herein before contained not being prevented from so doing by death within the said period then and in such case and at the expiration of the said twelve Calendar months the estate of such person under this my will shall cease and determine and if the person whose estate shall so determine shall be a tenant for life the said hereditaments shall thence forth go and remain to the use of my Trustees during the life of such person in trusts to permit the rents and profits thereof to be received by the person or persons for the time being entitled to the said hereditaments in remainder immediately expectant on the death of such tenant for life and so that if the person for the time being entitled as aforesaid shall be a minor the said rents and profits shall be applied in the same manner and my Trustees shall have the same powers of management and otherwise as are hereinbefore directed and declared in that behalf during the minority of any person for the time being entitled to the said hereditaments as tenant for life or tenant in tail in possession under this my will and if the person whose estate shall so determine shall be a tenant in tail then and in such case the said hereditaments shall immediately go and devolve to the person or persons who would be entitled thereto under this my will if such tenant in tail were then dead without issue

I bequeath to the said James Stuart Des Barres the sum of one hundred pounds and a like sum of one hundred pounds to the said Augustus (R.J.M. Gumbleton, witnesses Gr. Greene John H. Woolmer) Henry John Des Barres and as to all the rest and residue of my personal estate I give and bequeath the same unto my said wife Matilda Gumbleton for her absolute use and benefit I appoint my said wife Matilda Gumbleton and the said James Stuart Des Barres and Augustus Henry John Des Barres Executrix and Executors of this my will and hereby revoke all former wills and Testamentary Dispositions made by me
In witness whereof I have to this my last will and Testament contained in this and the three preceding sheets of paper set my hand this Twenty third day of May one thousand eight hundred and eighty two.     R.J.M. Gumbleton Signed and acknowledged by the said Richard John Maxwell Gumbleton as his last will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses Gr Greene John H. Woolmer    Clerks to M. B. Bonner Solicitor Gloucester

Certified correct,
D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Re-sealed
by order of
Emerson J.
the 28th Dec
1902

 

 

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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