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A Collection of Newfoundland Wills
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Will of Elizabeth Holdsworth from Newfoundland will books volume 2 pages 115 to 119 probate year 1858
Elizabeth Holdsworth deceased.
This is the last will and testament of me Elizabeth Holdsworth of Dartmouth in the County of Devon Widow First I direct that all my just debts and my funeral and testamentary expenses shall be fully paid and satisfied I bequeath to my granddaughter Eliza Mary Anne Clarke Holdsworth my plate and plated articles and my rings chains watches seals and my other ornaments of the person of the like kind I bequeath my wearing apparel and one third part in value of my linen and household goods and furniture (except my pictures and china) to my daughter in law Mary Newman Holdsworth widow of my late son the Reverend Charles Holdsworth deceased I give and devise all my estate and interest (if any) in the dwelling house situate in the lower Street Dartmouth and formerly occupied as a Bank together with the cellars quay courtlage and appurtenances to the same belonging unto my son Arthur Howe Holdsworth Esquire his heirs executors administrators and assigns absolutely I also bequeath my pictures to my said son Arthur Howe Holdsworth I bequeath to my son The Reverend Robert Holdsworth all my china except such parts thereof as I have marked for my said granddaughter Eliza Mary Ann Clarke Holdsworth which parts I bequeath to her I bequeath to my said son Robert the ten shares in the West of England Insurance Company formerly belonging to him but now held by me I bequeath to my said son Arthur for all my term estate and interest therein at the time of my decease the Mills situate at Bramble Tor in the Parish of Dittisham in the said County of Devon which are held by me under a lease from John Burridge Cholwith Esquire together with their appurtenances I bequeath to such of the children of my said son Charles as shall survive me (except my grandson Charles Hunt Holdsworth) the sum of two thousand nine hundred and thirty pounds sterling equally to be divided between or amongst them share and share alike and in case any of the said children (except as aforesaid) should die under the age of twenty one years and (as to Girls) without having been married I bequeath the original share or respective original shares of him her or them respectively so dying and also any accruing share or shares to which he she or they respectively may become entitled under this provision together with the accumulations (if any) of such share or shares respectively to the other or others of the same children equally share and share alike and if only one of such children (except as aforesaid) should live to attain the age of twenty one years or (being a girl) marry under that age then I bequeath the whole of the said sum of two thousand nine hundred and thirty pounds to such child And I direct that in the division of the said sum
of the said sum of two thousand nine hundred and thirty pounds the sum of seventy pounds which I have advanced to my grandson Robert Hunt Holdsworth shall in account of his surviving me be brought into account by him and taken in part of his share And that in case I should at any time or times hereafter make advances to or on account of the said Robert Hunt Holdsworth or any other child of my said son Charles (except the said Charles Hunt Holdsworth) and abatement shall be made in the said sum of two thousand nine hundred and thirty pounds by deducting therefrom the sum or sums of money so advanced and in the division of the residue thereof each child who shall survive me and to whom any advancement or advancements may have been made shall bring the amount so advanced to him or her into account and accept the same in part or in full satisfaction (as the case may be) of his or her share And I further direct that my executors hereinafter named shall invest the original and accruing share or shares of such of the said children as shall not at my death have attained the age of twenty one years or (as to girls) have married in the parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England and shall accumulate by making similar investments the annual income thereof for the benefit of the child or children to whom such share or shares may ultimately belong But I nevertheless declare that it shall be lawful for my said executors or the survivor of them or the executors or administrators of such survivor to apply all or any part of the capital or principal of the expectant portion for the time being of any such child or the annual income thereof for or towards his or her maintenance education or advancement in life or otherwise for his or their benefit in such manner as my said executors or the survivor of them or the executors or administrators of such survivor shall think fit And whereas I have agreed to allow to my said daughter in law Mary Newman Holdsworth during the remainder of my life in case she should so long live the annual sum of twelve pounds to commence from the fifth day of January now last past and to be paid to her up to the day of my death if she be then living Now I bequeath to my said son Arthur Howe Holdsworth and to Holdsworth Hunt of the Inner Temple London, Esquire such sum of money as together with the moneys which shall be paid by me or by my executors to the said Mary Newman Holdsworth in respect of the said annual sum of twelve pounds will amount to the sum of Four hundred and twenty six pounds sterlg nevertheless upon the trusts following that is to say upon trust to invest the same in their names in the public stocks or funds of Great Britain or at interest on Government or real securities or in the purchase of Railway shares with power to vary such securities or investments from time to time as to my said trustees or the survivor of them or the executors or administrators of such survivor shall seem meet and without being accountable for any loss which may be sustained by such investments or by varying the same And upon further trust to pay the annual income of the said trust funds unto the said Mary Newman Holdsworth during her life and after her death upon trust at any one time or at several times and from time to time during the lives of my said grandson Charles Hunt Holdsworth and Maria his present wife and during the life of the survivor of them and after the death of such survivor if there should be any child or children of the said Charles Hunt Holdsworth then living who shall not have attained the age of twenty one years then during such further period as shall elapse until such child or all such children shall attain the age of twenty one years or die (whichever shall first happen) to pay apply and dispose of the said trust fund and the annual income thereof and the accumulations thereof (if any) or any part thereof respectively to or for the benefit of the said Charles Hunt Holdsworth and his said wife and his present and future children or to or for the benefit of any one or more of them exclusively of all or any others or other of them and in such manner as my said trustees or the survivor of them or the executors or administrators of such survivor shall in their or his most unlimited discretion think fit with full power and authority to vary the object or objects of their or his discretion if and when and so often as they or he may think fit and also from time to time and at any time or times to defer suspend or discontinue such payment application and disposition for such period or periods as they or he may deem expedient and during the same period or periods either to accumulate the annual income of the said trust fund or such part thereof (if any) the payment application or disposition whereof may for the time being be deferred suspended or discontinued or to allow the same to remain unproductive at any Bankers as they or he my said trustees or trustee may think fit And if at the expiration of the period or periods herein before described for the continuance of the said discretionary trust any part of the said trust fund or the annual income thereof or of the accumulations thereof should remain undisposed of I direct that the same shall be held upon trust for such of the children of the said Charles Hunt Holdsworth as shall be then living and (if more than one) equally to be divided between or amongst them share and share alike and in case there should be no child of the said Charles Hunt Holdsworth living at the period lastly hereinbefore referred to then upon trust for such of the children of my said son Charles (other than and except the said Charles Hunt Holdsworth) as may be then living and if more than one equally share and share alike And I further direct that it shall be lawful for my said trustees or trustee in the exercise of the discretionary trust or power hereinbefore declared to pay any sum or sums of money which they or he may from time to time think it desirable should be paid or applied to or for the benefit of any person or persons being an object or objects of the same trust or power either directly to such person or persons or to any other person or persons for his her or their benefit and to transmit the same to places beyond seas by such ways or means as my said Trustees or Trustee may judge best without responsibility for the misapplication or nonapplication thereof or any loss which may be sustained by or through the mode of payment or transmission which may be resorted to by them or him
I bequeath to each of my grandchildren including the children of my said son Charles (except the said Charles Hunt Holdsworth) the sum of one hundred pounds sterling and in case any of my grandchildren shall be under twenty one years of age and (as to females) unmarried at my death his or her legacy shall be paid to his or her father or Guardians or Guardian
I charge my real estate in aid of my personal estate with the payment of my debts and my funeral and testamentary expenses and the legacies hereinbefore by me bequeathed
All the residue and remainder of my real and personal estate whatsoever and wheresoever I devise and bequeath to my said sons Arthur Howe Holdsworth and Robert Holdsworth their heirs executors and administrators and assigns equally as tenants in common I declare that the receipts of the trustees or trustee for the time being under this my will for all moneys payable to them or him shall be effectual and conclusive discharges for the same and shall exonerate all persons paying the same from seeing to the application thereof and also that in case my said trustees or either of them or any Trustee or Trustees to be appointed by virtue of this provision should die or desire to be discharged from the trusts hereby in them or him reposed before the same shall be fully satisfied and performed it shall be lawful for the surviving or continuing trustee for the time being or the executors or administrators of the last surviving or continuing trustee from time to time to appoint any other person or persons to supply the place of the trustee or trustees so dying or desiring to be discharged from the trusts hereby in them or him reposed and that every such new Trustee shall have and exercise the same powers and authorities as if he had been originally appointed a trustee under this my will and I further declare that the trustees hereby appointed and to be appointed as aforesaid their respective executors and administrators shall not be accountable the one for any other or others of them nor for any involuntary losses whatsoever And that it shall be lawful for them out of the monies which shall come to their hands under the trusts aforesaid to reimburse themselves all costs damages and expenses which they or any of them may incur in or about the execution of the trusts and provisions herein contained or in any manner relating thereto
And lastly I appoint the said Arthur Howe Holdsworth and Robert Holdsworth executors of this my will.
In witness whereof I have hereunto set my hand this twenty sixth day of April one thousand eight hundred and forty four
Signed by the above named Elizabeth Holdsworth as and for her last will and testament in the presence of us all present at the same time who in her presence and in the presence of each other have attested the same and subscribed our names as witnesses thereto.
J. H. Sparke Comptroller of Her Majesty's Customs of Dartmouth.
S. Sparke, Spinster, Dartmouth. Susan Selway, Dartmouth.
D. M. Browning
|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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