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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


Discovered, transcribed, and contributed by Janice Eastment

  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
for his last Will and Testament in the presence of us who in his presence at his request
and in the presence of each other hereunto subscribed our names as witnesses: R.
Campbell Junr. James Foster R. Murphy

Sydney Octr. 25th 1825. I SAMUEL TERRY do and have done my these Presents
given my step daughter ESTHER MARSH (now Hughes) and agreement in writing
Dated Septr. 24 last namely the sum of Five thousand pounds in Dollars Cattle and the
house and premises known by the name of the Wellington Brewery George Street
Sydney for the sum of 2350 pounds it being the sum I bought it at the remainder of
the Five thousand in cash and cattle as per my written engagement this I give in lieu
of the five thousand pounds mentioned in my will dated 25th Octb. 1824 Should the
said Brewery be rebought by Mr. Payne on or before two years from the day of
purchasing it then in that case my said daughter in law to have the sd. amt. Of 2350
pounds. As Witness my hand at Sydney the day and year above mentioned SAMUEL
TERRY (This I do declare to be taken to be part of my last Will & testament).

Whereas I SAMUEL TERRY of Sydney in the Colony of New South Wales Esquire
have made and duly executed my last Will and Testament in writing bearing date on
or about the twenty fifth day of October in the year of Our Lord one thousand eight
hundred and twenty four Now I do hereby declare this present writing to be a Codicil
to my said Will and I direct the same to annexed thereto and taken as part therof
Whereas by my said will I have devised and bequeathed to my son EDWARD
TERRY certain estate after the decease of my wife ROSETTA TERRY situate in the
Town of Sydney and also all my real Estates not otherwise disposed of by my said
will Now I do hereby revoke such devise and bequest to my said son EDWARD
TERRY and I give and devise and bequeath unto ROSETTA TERRY JOHN TERRY
HUGHES, TOM WHITE MELVILLE WINDER and JAMES NORTON the Trustees
and Executrix and Executors in my said will mentioned and appointed and to the
survivor of them and the heirs executors and administrators of such survivor All my
several estates and lands situate at Bathurst Five Islands and the Devils Back also my
estates of Box Hill and Mount Pleasant and also all other my real estates and not
otherwise disposed of by my said will or by this codicil and also from and after the
death of my said wife ROSETTA TERRY all my houses land and tenements in the
Town of Sydney not specifically otherwise bequeathed by my said will or by this
codicil To hand and to hold the same to my said Trustees and the survivor of them and
the heir executors or administrators of such survivor UPON TRUST nevertheless to
permit and suffer my said son EDWARD TERRY to enter upon the said several
estates and take the rents issues and profits thereof for the term of his natural life and
from and after the deceased of my said son EDWARD TERRY in case he shall leave
lawful issue UPON TRUST to convey the said several estates unto and to the use of
the heirs of my said son EDWARD TERRY as respectively attain the age of twenty
one years and if my said son EDWARD TERRY shall die without leaving lawful
issue then UPON TRUST to convey he said estates to the right heirs of me the said
SAMUEL TERRY. I give devise and bequeath to my said Trustees and the survivors
of them and the heirs executors and administrators of such survivors All those
Premises in Pitt Street Sydney at present in the occupation of Mr. Hosking and Dr.
Bland and the tenements between them Also my estate near Liverpool known as
Macquarie Field UPON TRUST nevertheless to permit my daughter MARTHA
FOXLOW HOSKING to enter thereupon and receive and take the rents and profits
thereof for and during her life and from and after her decease UPON TRUST to
convey the same to the heirs of my said daughter lawfully begotten and in case of her
death without issue then UPON TRUST to convey and assure the same to the right
heirs of me the said SAMUEL TERRY for their absolute use and benefit I give devise
and bequeath unto my nephew HENRY TERRY SHELDON all my estate in Sussex
Street near the Market Wharf purchased by me of Merritt and others to hold the same
unto the said HENRY TERRY SHELDON and his heirs absolutely and for ever I give
devise and bequeath unto SAMUEL TERRY HUGHES son of my nephew JOHN
TERRY HUGHES all my land situate at the Surry Hills and adjoining or near to my
said nephews Brewery and unto SAMUEL HENRY TERRY son of JOHN TERRY
the section of land at Yass purchased by me from the Crown and adjoining his fatherís
land to hold the same to the said SAMUEL TERRY HUGHES and SAMUEL
HENRY TERRY respectively and their respective heirs and assigns for ever And I do
hereby authorise and empower my said wife ROSETTA TERRY in case of the death
or refusal to act of my said Trustees or either of them to appoint a new Trustee or
Trustees in the place of such Trustee or Trustees so dying or refusing to act by writing
under her hand and seal and such Trustee so by my said wife appointed shall be and
have the same power and authority and stand possessed of the same estate and interest
as if I the said SAMUEL TERRY had so appointed him or them by my said will And
in case my said wife should die before the refusal to act or death of one or more of my
said Trustees then the surviving Trustees shall in like manner appoint a new Trustee
in the place of my said wife and such appointment shall have the like force and effect
as if such appointed Trustee had been by me named in my said will and so from time
to time in case of death or refusal to act of any of my said Trustees the survivors of
them shall appoint a new Trustee in the manner before mentioned I appoint my
Solicitor Frederick Wright Unwin to be the Solicitor and Attorney of my said Trustees
and Executors as to my estate and it is my will that in the collection of my debts and
settlements of my affairs that all reasonable indulgence be shown to my deserving
debtors. I give to the said FREDERICK WRIGHT UNWIN a gold ring as a token of
my regard I direct my Trustees before mentioned out of my personal estate to pay the
following annuities for the lives of the following persons to Mrs. Fox of London
twenty pounds a year and after the death of the said Mrs. Fox the like sum to her sister
Rebecca Fox for her life. Also to my niece HARRIET CANTRELL twenty five
pounds a year and to my niece MARY ANN CANTRELL the like sum of twenty five
pounds a year for their lives respectively Also to my sister ELLEN HUGHES thirty
pounds a year for her life I give to SAMUEL HENRY TERRY my best gold watch I
direct my said executors to give to my servant RICHARD KENNEDY ten pounds and
a suit of mourning also to my servant Carlow ten pounds and a suit of mourning also
to pay to the various charitable institutions in New South Wales to which I am a
subscriber the usual amount of my annual subscription for ten years nett after my
decease I give to my trustworthy overseer THOMAS TURNER ten pound and a suit
of mourning and I give a ring to each of my friends TOM WHITE MELVILLE
WINDER, JOHN TERRY HUGHES, JAMES NORTON, EDWARD TERRY,
HENRY TERRY SHELDON, JOHN TERRY, JOHN HOSKING my brother JOHN
TERRY, WILLIAM BLAND and PETER MANA HOSKING
I do hereby ratify republish and confirm my said will in every respect except where
the same is hereby altered or revoked IN Witness Whereof I have hereunto set my
hand and seal this First day of February in the year of Our Lord one thousand eight
hundred and thirty four SAMUEL TERRY.
Signed sealed published and declared by the within named Samuel Terry as and for a
codicil to his last Will and Testament in the presence of us who in his presence and at
his request and in the presence of each other have hereto subscribed our names as
witnesses John Connell Jno. Rickards D.M. Hosking

I SAMUEL TERRY fo hereby revoke so much of my will and the codicil thereto as
relates to the undermentioned estates and properties and I do hereby give and devise
and bequeath to my wife ROSETTA TERRY the house and premises wherein I now
reside situat in Pitt Street in the Town of Sydney and to her heirs and assigns for ever
I give devise and bequeath to my son EDWARD TERRY his heirs and assigns the
cottage in Castlereagh Street Sydney in which he now resides absolutely and for ever
I give devise and bequeath to my daughter MARTHA FOXLOW HOSKING her heirs
and assigns the house in Pitt Street in which she resides and also the house in the
occupation of Dr. Bland and the small house between them with all and singular the
appurtenances and also all the estate called Macquarie Field purchase by me from
JAMES NEWHAM absolutely and for ever and whereas by my said will and codicil
or one of them I did give and bequeath all my real estate not specifically otherwise
disposed of to the Trustees therein named upon trust for my said son EDWARD
TERRY for life and at his decease to the heirs of his body if any and failing his issue
to my own right heirs Now I hereby revoke and annul such part of my said bequest as
relates real estate to my own right heirs and I do hereby give devise and bequeath the
same in the event of my said sons death without issue to all the children of JOHN
TERRY of Boxhill and of my nephew JOHN TERRY HUGHES and of my daughter
MARTHA FOXLOW HOSKING who shall be then living share and share alike as
tennants in common and I direct my said Trustees and the survivor of them and the
heirs and assigns of such survivor upon such event to convey the said estate unto and
to the use of such the children of JOHN TERRY, JOHN TERRY HUGHES and
MARTHA FOXLOWE HOSKING accordingly In Witness Whereof I have hereto set
my hand and seal this fifth day of July in the year one thousand eight hundred and
thirty six SAM. TERRY.

Signed sealed published and declared by the said Samuel Terry as a codicil to his last
Will and Testament in the presence of us who in his presence and at his request have
hereunto subscribed our names as witnesses: F. W. Unwin, W. Bland, John Connell

I also revoke so much of my said will and codicil as relates to the bequest of Mount
Pleasant Box Hill and I do hereby give devise and bequeath the estate of Mount
Pleasant to my son EDWARD TERRY his heirs and assigns and the estate of Box Hill
and half way house on the Parramatta Road to my JOHN TERRY his heirs and
assigns SAM TERRY Witness F. W. Unwin, W. Bland, John Connell

27th March 1838 Probate of the will and codicils was granted to ROSETTA TERRY,
JOHN TERRY HUGHES, TOM WHITE MELVILLE WINDER and JAMES
NORTON the executors named therein

 

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