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Will of William O'Grady Haly
In re the estate of
This is the last will and testament of me William O'Grady Haly of Tabingas in the Colony of New South Wales Esquire I give devise and bequeath all my real and personal estate whatsoever and wheresoever and of what nature or kind soever the same may be which I may be seised of or possessed of or entitled to at the time of my decease unto Henry Buckley of Ipusurich(?) and Thomas Lodge Murray Prior of Brisbane both in the Colony aforesaid Esquires their heirs executors administrators and assigns according to the several natures and qualities thereof respectively upon trust that they the said Henry Buckley and Thomas Lodge Murray Prior and the survivors of them and the heirs executors administrators and assigns of such survivor hereinafter called the "Trustees or Trustee" shall as soon as conveniently may be sell and convert into money my said estate either altogether or in parcels and either by public auction or private contract with full power to buy in or rescind any contract for sale and to resell without being answerable for any loss which may happen thereby and I declare that the said trustees or trustee shall hold the moneys to arise from such sale or sales and my ready money upon trust in the first place to pay thereout all my debts legacies and funeral and testamentary expenses and in the next place to pay to each of my sisters Jane Lucy Haly and Amelia Harriet Kerby a sum of one thousand pounds sterling and in case either of my said sisters shall die in my lifetime without leaving lawful issue her surviving upon trust to pay her share to her surviving sister but should both my said sisters die before my decease without lawful issue of either of them surviving them as to their said shares and as to all the residue of the said monies and of my estate In trust to pay the same to my brother Charles Robert Haly his executors administrators and assigns and I declare that the receipt of my said trustees or trustee for any sum of money payable to them or him under or by virtue of the trusts of this my will shall be sufficient and effectual discharge for the same respectively or so much thereof respectively as in such receipts shall be suppressed or acknowledged to be received and witnesses. Rob Little Solr. Brisbane E.H.S. Barrymore clerk to the above
(1) W O'Grady Haly - the person or persons to whom the same shall be given shall not afterwards be answerable or accountable for any losses misapplication or nonapplication or be obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received Provided always and I hereby declare that if the trustees or trustee appointed by this my will or to be appointed under this present provision shall die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them and him reposed as aforesaid before the same shall be fully executed it shall be lawful for the said trustees or trustee or the surviving or continuing trustees or trustee to be appointed under this present provision or the executors or administrators of such surviving or continuing trustee by any instrument in writing from time to time to "nominate and appoint any fit person or persons to be a trustee or trustees in the room or place of the trustee or trustees so dying or desiring to be discharged or becoming unwilling or incapable to act as aforesaid and thereupon the said trust estate shall with all convenient speed be conveyed assigned and transferred in such manner as that the same shall and may be legally vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustees or trustee as occasion shall require upon and for the trusts interests and purposes hereinbefore declared of and concerning the same" Provided always and I hereby declare that the trustees or trustee of this my will hereby appointed and to be appointed as aforesaid shall be charged and chargeable only for such moneys as they respectively shall actually receive by virtue of the trusts aforesaid notwithstanding their or either of their joining in giving any receipts for the sake of conformity and shall not be answerable for involuntary losses and also that it shall be lawful for them or him to retain and satisfy all costs charges damages and expenses which they or he may sustain or be put unto in or about the execution of the trusts aforesaid or in relation thereto and I appoint the said Henry Buckley and Thomas Lodge Murray Prior executors of this my will and hereby revoking all former and other wills by me at any time heretofore made do declare this only to be and contain my last will and testament.
In witness whereof I the said William O'Grady Haly the testator have to this my last will and testament contained in this and the preceding sheet of paper set my hand this thirtieth day of June in the year of our Lord one thousand eight hundred and fifty nine. W O'Grady Haly.
I certify the foregoing to be a correct copy of the last will and testament of William O'Grady Haly deceased
(Listed in the Margin next to this will the following)
|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 and Ivy F. Benoit
REVISED BY: Ivy F. Benoit May 26, 2002
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