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The will of Samuel Terry, 1838 |
Will made 25 Oct 1825 (+1834 +1836 codicils) . Testator died 22 Feb 1838 . Will proved 27 Mar 1838 |
This is the last Will and Testament of me
SAMUEL TERRY of Sydney
in the Territory of New South Wales Merchant First I direct the payment of my just debts Funeral and Testamentary expences by my Executrix and Executors hereinafter named out of my personal Estate as soon as conveniently may be after my decease. I give devise and bequeath unto my dear wife ROSETTA all that messuage or tenement and Premises with the appurtenances thereto belonging wherein I now reside situate in Pitt Street in Sydney aforesaid and also all and singular other my messuages or Tenements and all the allotments of ground which I shall be possessed of or entitled unto at the time of my decease of whatsoever description or quality the same may be situate lying and being in the Towns of Sydney aforesaid and Liverpool in the said Territory. To hold to her my said wife and her assigns for and during the term of her natural life and from and after her decease I give and devise the said several messuages or Tenements and allotments in the manner hereinafter, mentioned that is to say I GIVE AND DEVISE unto my Son JOHN TERRY all and singular the several houses, and allotments of ground situate in the Town of Liverpool aforesaid and also a Mill and premises there situate and being. Also I give and devise unto my daughter MARTHA FOXLOW TERRY all those houses with the outbuildings and premises thereto belonging situate in Pitt Street in Sydney aforesaid formerly belonging to Mr. GEORGE CROSSLEY. Also I give and devise to my daughter in law ESTHER MARSH the daughter of my said wife by a former husband all these houses. and premises with the appurtenances thereto belonging situate in Pitt Street aforesaid formerly belonging to Mrs. JOSEPH WYATT. Also I give and devise unto my son EDWARD TERRY all that my house and premises with the appurtenances wherein I now reside situate in Pitt Street aforesaid Also all that messuage with the appurtenances situate in George Street in Sydney aforesaid formerly belonging to DANIEL CUPID All and singular other my said several messuages or Tenements and allotments of ground situate in the Towns of Sydney and Liverpool and hereinbefore devised by me to my said Wife for her life as aforesaid and not hereinbefore disposed of after her decease amongst my other children To hold the said several messuages and other hereditaments unto my said sons and daughters respectively to whom the same are hereinbefore respectively devised and as the same are so devised and to their several and respective heirs and assigns for over. I give and devise unto my son in Law HENRY MARSH the son of my said wife by a former husband All that my estate farm and lands called Cobberty containing seven hundred acres, more or less and formerly belonging to JAMES HAWKINS and JOHN PURCEL And also all that farm called REDMIRE situate on the Liverpool Road and containing six hundred acres more or less formerly belonging to JAMES WILSHIRE To hold the same unto the said HENRY MARSH and to the heirs of his body forever. Also I give and devise unto my son JOHN TERRY all that my estate called HOXTON PARK situate in the District of Cabramatta And also all that farm with the messuage and premises thereupon standing and being called by the name of the WHEATSHEAF situate and being on the Parramatta Road To hold the same unto my said JOHN TERRY and to the heirs of his body forever Also I give and devise unto my son EDWARD TERRY my several Estates and lands situate at the Five Islands Bathurst and the Devils back or Eastern Creek Also my estates called Boxhill and Mount Pleasant and all and singularly other my messuages farms land and hereditaments of every description not hereinbefore disposed of by me and wheresoever situate lying and being and whether in possession reversion remainder or expectancy to hold the same unto my said son EDWARD TERRY and to heirs of his body forever And I do hereby give and devise my said several estates lands and tenements accordingly And I do hereby give and bequeath unto my said wife the household furniture plate linen and china that I shall have in use in the house in which I shall usually reside at the time of my decease. I give and bequeath unto my said son EDWARD TERRY one hundred head of horned cattle to be selected by him out of my herds and to consist of a fair proportion of cows heifers and steers also three mares and three horses chosen by himself All the rest residue and remainder of my live stock of every description whether consisting of horned cattle, horses sheep or swine which I shall happen to die possessed of and wheresoever the same shall happen to be grazing or depastured I give and bequeath unto my said sons JOHN TERRY and EDWARD TERRY and my said son in law HENRY MARSH to be equally divided between them share and share alike upon there severally attaining their respective ages of twenty one years I give and bequeath unto my said daughter in law ESTHER MARSH the sum of Five Thousand pounds of Sterling money to be paid to her by my executrix and executors out of my personal estate within twelve calendar months from the period of my decease I give and bequeath unto my said daughter MARTHA FOXLOW TERRY the sum of Ten thousand pounds of Sterling money to be paid to her by my said executrix and executors out of my said personal estate on my said daughter attaining the age of twenty one years (and in the mean time and until my said daughter shall attain the age of twenty one years I do hereby direct my said executrix and executors as soon as the said sum shall be raised out of my said estate personal to invest the same on some good and sufficient security or securities and from time to time to vary the same in case it may be thought necessary and to apply the proceeds thereof or so much thereof as may be necessary for and towards the maintenance and education of my said daughter) I give and bequeath unto my said wife ROSETTA TERRY my nephew JOHN TERRY HUGHES my friend TOM WHITE MELVILLE WINDER and JAMES NORTON of Sydney aforesaid Gentleman all and singular my merchandise and stock in trade and all the rest and residue of my ready monies and securities and personal estate of every description not hereinbefore by me bequeathed and disposed of wheresoever the same may be and in which I shall be in any way possessed of or entitled unto at the time of my decease To hold the same unto the said ROSETTA TERRY, JOHN TERRY HUGHES, TOM WHITE MELVILLE WINDER and JAMES NORTON their executors and administrators UPON TRUST that they the said ROSETTA TERRY, JOHN TERRY HUGHES, TOM WHITE MELVILLE WINDER and JAMES NORTON and the survivors and survivor of them do and shall as soon as conveniently may be after my decease in such manner as they may think proper make sale and dispose of the same for the best price that can be obtained And after satisfying and securing out of the proceeds thereof the legacies hereinbefore bequeathed to me and also paying off my debts as aforesaid and satisfying the legacies hereinafter by me bequeathed UPON TRUST that they my said Trustees and the survivors and survivor of them and the executors and administrators of such survivor do and shall lay out and invest the residue of my said personal estate in and upon such goods and sufficient securities as they or he shall think fit and from time to time to alter vary and transpose the same as may be deemed necessary and to apply the interest and proceeds thereof or so much thereof as they shall think necessary for and towards the maintenance and education of my said children until they shall attain the age or ages of twenty one years and when and as they shall attain their respective ages of twenty one years I do hereby direct my said Trustees and the survivor or survivor of them and the executors and administrator of such survivor to transfer pay and divide the said principal money and the interest to accumulate thereon unto and amongst my said children in the proportions hereinafter mentioned that is to say unto my said son EDWARD TERRY one full moiety or equal half part thereof and the other moiety or half part to be equally divided between my said son in law HENRY MARSH my said son JOHN TERRY my said daughter in law ESTHER MARSH and my said daughter MARTHA FOXLOW TERRY share and share alike and I do hereby give and bequeath the same accordingly. Provided always and I do hereby declare my will to be that in case any or either of my said children shall depart this life in my lifetime or under the age of twenty one years leaving lawful issue then I give and bequeath the part or share of him her or them so dying of and in my said personal estate unto the issue of such deceased child or children if more of them one equally share and share alike and if but one of them to such only one Provided also and I do hereby declare my will and meaning to be that my said trustees and executors shall be charged and chargeable only for such and so much money as they shall respectively actually receive by virtue of or under the trusts of this my will And the one of them shall not be answerable or accountable for the other of them or for the acts neglects receipt or defaults of the other of them but each for his or her own cuts and deeds only nor for the insufficiency or deficiency of any security or securities in or upon which any of the said Trust monies shall or maybe placed out or invested nor for any other loss misfortune or damage which may happen in the execution of this my will or any of the trusts thereof except the same shall happen by or through their or either of their own wilfull defaults respectively And also that they my said trustees and executors shall and lawfully may by with and out of the monies which shall come to their hands by virtue of the Trusts of this my will retain to and reimburse herself himself and themselves respectively all such tops costs and charges as they shall sustain expend or be put unto by reason or an account of this my will I nominate constitute and appoint my said wife ROSETTA and the said JOHN TERRY HUGHES, TOM WHITE MELVILLE WINDER and JAMES NORTON executrix and executors of this my last will and testament and guardians of my said children during their respective minorities And I do hereby give and bequeath unto each of them the said JOHN TERRY HUGHES, TOM WHITE MELVILLE WINDER and JAMES NORTON the sum of one hundred pounds of sterling money And lastly I do hereby revoke all former and other wills by me at any time heretofore made and do declare this only to be and contain my last will and testament. In Witness Whereof I have hereunto set my hand and seal this twenty fifth day of October in the year of Our Lord one thousand eight hundred and twenty four. SAM TERRY Signed Sealed Published and declared by the said Samuel Terry the Testator as
and Sydney Octr. 25th 1825. I SAMUEL TERRY do and have done my these Presents Whereas I SAMUEL TERRY of Sydney in the Colony of New South Wales Esquire I SAMUEL TERRY fo hereby revoke so much of my will and the codicil thereto as Signed sealed published and declared by the said Samuel Terry as a codicil to
his last I also revoke so much of my said will and codicil as relates to the bequest
of Mount 27th March 1838 Probate of the will and codicils was granted to ROSETTA
TERRY, |
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