Transcript of last will: Elizabeth Self

 

This is the Last Will of me Elizabeth Self formerly the wife and afterwards the widow of John Beecher late of Misson near Bawtry in Yorkshire England Labourer deceased thereafter the wife and afterwards the widow of James Capel late of the same place Master Mariner deceased and  thereafter the wife and now the widow of Thomas Self late of Collins Street Hobart in Tasmania Draper deceased whereof I appoint Alexander Clark of Collins Street Hobart Town aforesaid Upholsterer and my son in law John McDonald of Harrington Street Hobart Town aforesaid Telegraph Operator to be Trustees and Executors and I declare that every clause hereof which may concern my trustees herein named shall or may be applied to the Trustees or Trustee for the time being under this my will Whereas the said Thomas Self by his Last Will dated the thirtieth day of July in the year One thousand eight hundred and sixty nine after making certain specific devises and bequests therein expressed Did give and bequeath All the rest and residue of his (the said Thomas Self's) real and personal estate unto me the said Elizabeth Self and Edward Prescott therein named our heirs executors administrators and assigns (according to the nature of the property) Upon Trust as to let the same from time to time for any period not exceeding Five years and as to the personal estate to invest the same from time to time in our names and to stand possessed of the rents interest and annual income thereof Upon Trust to me for life And after my decease Upon Trust for such one or more of testator's children and in such shares and proportions as I should from time to time by any deed or deeds instrument or instruments in writing with or without powers of revocation and\new appointment or by my Last Will or any writing under my hand in the nature of my Last Will direct or appoint to have or receive the same And in default of any such direction or appointment And so far as any such if made should not extend Upon Trust for all the children of the said Thomas Self equally if more than one And said Thomas Self by his said Will appointed the said Edward Prescott and me the said Elizabeth Self to be Trustees and Executors of his said Will And whereas the said Thomas Self having since the date and execution of his said Will purchased another property he by a Codicil to his said Will dated the twenty third day of September One Thousand eight hundred and seventy devised the same Upon Trust for one of his the said Testator's children as therein departed this life without having altered or revoked his said Will otherwise than by the said Codicil And the same Will and Codicil were thereafter proved by me in the Supreme Court of Tasmania (power being reserved to the said Edward Prescott at any time thereafter to prove the same) And whereas the hereditaments hereby appointed form the residue of the real estate of the said Thomas Self deceased Now I do hereby in so far as I can or may appoint the said Alexander Clark and John McDonald and each of them to be Trustees and Trustee under the said Will and Codicil of the said Thomas Self either alone or together with the said Edward Prescott or otherwise And I give devise appoint and bequeath All the residuary real and personal estate under the said Will and Codicil of the said Thomas Self either alone or together with the said Edward Prescott or otherwise And I give devise appoint and bequeath All the residuary real and personal estate under the said Will and Codicil of the said Thomas Self deceased over which I may have at the time of my decease any disposing power unto the said Alexander Clark and John McDonald and each of them to be Trustees and Trustee under the said Will and Codicil of the said Thomas Self either alone or together with the said Edward Prescott or otherwise And I give devise appoint and Bequeath all the residuary real and personal estate under the said will and codicil of the said Thomas Self deceased over which I may have at the time of my decease any disposing power unto the said Alexander Clark and John McDonald their heirs executors administrators and assigns respectively Upon Trust as to all that farm or land hereditaments and premises situate at or near Kangaroo Point or Bellerive in Tasmania purchased by the said Thomas Self from Mrs Gregson and others and conveyed by them to him by indentured dated the first day of April One thousand eight hundred and seventy four (the same farm being at present in the occupation of Mrs Daniels) but nevertheless charged with the payment of the sum of one hundred pounds Upon Trust for my son Frederick Self for the term of his natural life without impeachment of waste And upon his decease Upon Trust for such of his children as shall be living at the decease of the said Frederick Self or within ten months next thereafter and who shall live to attain the age of twenty one years as tenants in common in fee simple And if but one such child Then Upon Trust for him or her in fee simple And if but one such child Then Upon Trust for him or her in fee simple Provided that in case of the decease of one or more of the children of the said Frederick Self before him or under the age of twenty one years leaving issue Then such issue shall (per stripes) take the parent or parent's share or shares And in case of the decease of the said Frederick Self without issue him surviving Then the said farm land and hereditaments shall (subject as aforesaid) be Upon Trust for my son Thomas Edward Self his heirs and assigns And as to All That Messuage or Tenement situate in Macquarie Street Hobart Town aforesaid with the land thereto belonging which was purchased by the said Thomas Self from John Tinker the Younger and is now occupied by ------------ Bridger as tenant and is comprised in a Conveyance to the said Thomas Self dated the twenty fourth day of December One thousand eight hundred and seventy three Upon Trust for my daughter Rosina Self for her separate use for the term of her natural life without impeachment of waste And upon her decease Upon Trust for such of her children as shall be living at the decease of the said Rosina Self and shall live to attain the age of twenty one years as tenants in common in fee simple And if but one such child then Upon Trust for him or her in fee simple Provided that in the case of the decease of any one or more children of the said Rosina Self before her or under the age of twenty one years leaving issue Then such issue shall (per stripes) take the parent or parents share or shares And as to All That Cottage or Dwelling House in which my daughter Sarah Ann McDonald (wife of the said John McDonald) now resides situate and being in Harrington Street Hobart Town aforesaid Together with all that piece of land whereon the same is built and the plot of ground or land in the immediate rear thereof the south eastern boundary line of the whole of such piece or parcel of Land now being appointed being of the length of One hundred and sixty eight links or thereabout and running from Harrington Street along the South Eastern wall of the said Cottage Thence along a fence now running therefrom and thence by a continued line to land heretofore granted to Henry Stevenson Hurst Upon Trust for my daughter the said  Sarah Ann McDonald for her use for the term of her natural life without impeachment of waste And upon her decease Upon Trust for such of her children as shall be living at the decease of the said Sarah Ann McDonald and who shall live to attain the age of twenty one years as tenants in common in fee simple And if but one such child Upon Trust for him or her in fee simple And if but one such child Upon Trust for him or her in fee simple Provided that in the case of the decease of any  or more of the children of the said Sarah Ann McDonald before her or under the age of twenty one years leaving issue Then such issue shall (per stripes) take the parent or parents share or shares And as to All That Small Cottage or Dwelling House adjoining the last mentioned cottage and land situate in Harrington Street aforesaid and now occupied by ------- Logan together with All That piece of land on which the said small cottage is built Together with the plot of land at the side and in the rear thereof which also adjoins the land hereinbefore appointed for the benefit of the said Sarah Ann McDonald the North West boundary of the land now being described being a straight line of One hundred and sixty eight links or thereabout running from Harrington Street along the said South Eastern wall of the said cottage appointed to Sarah Ann McDonald and along the fence from such wall and thence by a continued line to land heretofore granted to Henry Stevenson Hurst and now occupied by Henry Grubb (the land now being described together with that hereinbefore appointed to the said Sarah Ann McDonald together forming property heretofore conveyed by Robert Everett and others to the said Thomas Self and being comprised in an Indenture of Conveyance dated the twenty second day of August One Thousand eight hundred and seventy one Upon Trust for my said daughter Rosina Self for life and to her children and more remote issue in like manner and upon the like trusts as are hereinbefore appointed or expressed with respect to the said premises in Macquarie Street aforesaid And I direct and appoint that all the residue (if any) of the real estate under the said Will of the said Thomas Self and all the residuary personal estate shall be Upon Trust for the said Thomas Edward Self Frederick Self Sarah Ann McDonald and Rosina Self share and share alike But before any division thereof shall be made I direct and appoint my Trustees for the time being in their uncontrolled discretion to deliver to each of my said sons and daughters a mattress and bedding for his or her own use and to pay to the said Thomas Self the sum of Forty pounds which I promised to him And I direct and appoint that the share of each of them the said Sarah Ann McDonald and Rosina Self  shall be Upon Trust for her separate use and free from the debts control or engagements of any husband Provided that in case any or either of them the said Thomas Edward Self Frederick Self Sarah Ann McDonald and Rosina Self shall die before me without leaving lawful issue then their his or her share or shares in the said residuary real estate and trust moneys shall be equally divided between the survivors or be for the survivor of them But in case any one or more of my said children shall leave lawful issue them him or her and me surviving Then such issue shall (per stripes) take the shares or share of the residuary real estate and trust moneys of the parents or parent And whereas I am entitled to or interested in a policy on my life in "The Liverpool and London and Globe Insurance Company" (of which Messieurs Allport Roberts and Allport of Hobart Town Solicitors are the present agents there) for the sum of Five hundred pounds Now I give and bequeath the same unto the said Alexander Clark and John McDonald their executors administrators and assigns To stand possessed of the same Upon Trust as to One hundred pounds part thereof for my son John Beecher of Akaroa in Canterbury New Zealand Licensed Victualler (a son by my first marriage) As to another One hundred pounds part thereof for my son James Capel of Shortland New Zealand employed in a Brewer there (being a son by my second marriage) As to One hundred and fifty pounds further part thereof for the separate use of my daughter Mary Jane Johnston wife of ------ Johnston of Akaroa aforesaid in the employ of my said son John Beecher (such daughter being by my said second marriage) And as to One hundred and fifty pounds residue thereof for the separate use of my daughter Rosina Self Provided that in case any or either of them the said John Beecher James Capel Mary Jane Johnston and Rosina Self shall diebefore me without leaving lawful issue Then their his or her shares or share in the said Insurance moneys shall be equally divided between the survivors or be for the survivor of them But in case any one or more of them the said John Beecher James Capel Mary Jane Johnston and Rosina Self shall leave issue them him or her and me surviving Then such issue shall (per stripes) take the shares or share of the of the parents or parent And I hereby direct and appoint that my said Trustees may apply any portion of each or any of my childrens or grandchildrens shares or share or presumptive shares or share in any of the trust premises under these presents for the benefit of the persons or person to whom such property shall belong or presumptively belong for his her or their benefit during their his or her minority and accumulate by investment any unapplied moneys Provided lastly that in case my said Trustees or either of them shall die refuse neglect or become incapable to act depart from Tasmania or desire to be discharged from the aforesaid Trusts Then and in any case the continuing or last acting Trustee his executors or administrators may appoint one or more Trustees or Trustee herein to whom (with the continuing Trustee or otherwise) the said Trust premises may be conveyed and assigned Upon the subsisting Trusts of these presents And I declare that my said Trustees or Trustee shall be chargeable only with such moneys as they or shall actually receive and shall not be answerable for the other of them nor for involuntary losses And that my said Trustees or Trustee may reimburse themselves or himself out of the moneys which shall come to their or his hands under the aforesaid Trusts all expenses to be incurred in or about the execution of the aforesaid Trusts In witness whereof I have hereunto set my hand this Twenty ninth day of March In the year of Our Lord One thousand eight hundred and seventy seven

Elizabeth Self X her mark

Signed and Declared by the above named Elizabeth Self the Testatrix as and for her Last Will (the same having been previously read over and fully explained to her) in presence of us who being present at the same time have in her presence at her request and in presence of each other hereunto subscribed our names as witnesses

SW Westbrook Sol Hobart Town

Charles Hogg clerk to said S W Westbrook

 

This is a Codicil to the Last Will above written of me the above named Elizabeth Self. I hereby appoint Alexander Williamson Hume of MacQuarie Street Hobart Town in Tasmania Clerk to Samuel William Westbrook of the same place Solicitor to be Trustee and Executor in the place and stead of Alexander Clark above named Whereas my late husband borrowed Two hundred pounds from the Bank of Van Diemans Land Hobart Town to purchase the property or farm at Kangaroo Point or Bellerive above mentioned And whereas the same money is still due and owing Now I direct that the said farm or property shall - changed with the payment of the amount for the time being owing in respect of the said money so borrowed as aforesaid be Upon Trust for my daughter Rosina Self and her heirs and assigns absolutely children in the same manner as is directed in my said Will above written with respect to a cottage land and hereditaments therein directed to be Upon trust for her and them And I direct that all other real estate not specifically disposed of by my said will shall be in like manner Upon Trust for my said daughter Rosina and her children And in case my said daughter Rosina shall die without leaving issue her surviving Then I direct that the sum of Fifty pounds part of the sum of One hundred and fifity pounds by my said will given to my daughter Mary Jane Johnston shall be Upon Trust for my said daughter Rosina for her separate use And I direct that my said sons Thomas Edward Self and Frederick Self shall not nor shall either of them take any share or interest whatsoever under my said will or this my Codicil And I confirm that my said Will in all other respects In Witness whereof I have hereunto set my hand this Eleventh day of December One thousand eight hundred and seventy eight

Elizabeth Self X her mark

Signed and Declared by the above named Elizabeth Self as and for a codicil to her Last Will above written (the same Codicil having been previously read over and fully explained to her) in the presence of us who being present at the same time have in her presence at her request and in presence of each other hereunto subscribed our names as witnesses

SW Westbrook Solicitor Hobart Town

Alethea I Westbrook

 

This is the Second Codicil to the Last Will dated the Twenty ninth day of February One thousand eight hundred and seventy seven of me Elizabeth Self formerly the wife and afterwards the widow of John Beecher late of Misson near Bawtry in Yorkshire England laborer deceased thereafter the wife and afterwards the widow of James Capel late of the same place Master mariner deceased and thereafter the wife and now the widow of Thomas Self late of Collins Street Hobart Town in Tasmania Draper deceased Whereas by a Codicil to my said Last Will I did among other things appoint Alexander Williamson Hume therein named as a Trustee in the place and stead of Alexander Clark as a Trustee as aforesaid and in his placed and stead appoint or reappoint the said Alexander Clark as a Trustee under my said Will And I confirm the appointment of my son in law John McDonald as Trustee under my said Will And I direct my said Trustees to pay to or on account of my son Frederick Self (in addition to the bequests made to or for his benefit by my said Will) the sum of Twenty five pounds yearly during the term of four years if he shall so long live And I direct my said Trustees to pay or allow the said yearly sum of Twenty five pounds in such sums at such times as my said Trustees to pay or allow the said yearly sum of Twenty five pounds in such sums and at such times as my said Trustees may consider desirable during the said four years if my said son shall so long live And I confirm my said Will and my said first Codicil thereto except as altered by this Codicil In Witness whereof I have hereunto set my hand this Sixteenth day of March One thousand eight hundred and eighty

Elizabeth Self X her mark

Signed and Declared by the above named Elizabeth Self as and for a Second Codicil to her said Will (the same Codicil having been previously read over and fully explained to her) in the presence of us who being present at the same time have in her presence at her request and in presence of each other hereunto subscribed our names as witnesses

S W Westbrook Solicitor Hobart Town

A I Westbrook

 

To all to whom these presents shall come Alexander Clark of Collins Street Hobart Town in Tasmania Upholsterer and Alexander Williamson Hume of Macquarie Street Hobart Town aforesaid formerly Clerk to Samuel William Westbrook of the same place Solicitor and now Clerk to Messuieurs "Elliston and Featherstone" of Macquarie Street Hobart Town aforesaid Solicitors Send Greetings Whereas Elizabeth Self formerly the Wife and afterwards the widow of John Beecher late of Misson near Bawtry in Yorkshire England labourer deceased and thereafter the Wife and afterwards the widow of James Capel late of the same place Master mariner deceased and thereafter the wife and now the widow of Thomas Self late of Collins Street Hobart Town aforesaid Draper deceased (the said Elizabeth Self having lately departed this life) did by her last Will in writing under her hand dated on or about the twenty ninth day of March One thousand eight hundred and seventy seven (among other things) appoint the said Alexander Clark and John James McDonald therein called John McDonald and therein described to be Trustees and Executors and did thereby devise certain lands and hereditaments and real estate and did thereby bequeath certain personal property to the said Alexander Clark and John James McDonald their heirs executors administrators or assigns respectively Upon certain Trusts therein mentioned And Whereas by a Codicil to her said Will which Codicil bears date on or about the eleventh day of December One thousand eight hundred and seventy eight under the hand of the said Elizabeth Self She the said Elizabeth Self (did among other things) appoint the said Alexander Williamson Hume to be Trustee and Executor in the place and stead of the said Alexander Clark in the said Will And Whereas by a second Codicil to the said Will which Codicil bears date on or about the sixteenth day of March One thousand eight hundred and eighty under the hand of the said Elizabeth Self she the said Elizabeth Self did (among other things) revoke the appointment of the said Alexander Williamson Hume as such Trustee as aforesaid and in his place and stead did appoint or reappoint the said Alexander Clark as a Trustee under her said Will and did thereby confirm the appointment of her son in law John James McDonald therein called John McDonald as Trustee of her said Will And Whereas the said Elizabeth Self departed this life on or about the seventeenth day of July instant And Whereas the said Alexander Clark and Alexander Williamson Hume have not nor hath either of them acted in the Trusts of the said Will and Codicils or either of them or in the Executorship thereof and they decline to act therein in any manner whatsoever Now Know ye that for divers good causes and considerations therein them thereunto moving they the said Alexander Clark and Alexander Williamson Hume have and each of them hath renounced and disclaimed and by these presents do and each of them doth absolutely and irrevocably renounce and disclaim all and every the messuages lands tenements hereditaments and real estate by the said Will and Codicils or either of them the said Elizabeth Self given devised or bequeathed and all the estate right title interest whatsoever in to or respecting the same under the said Will and Codicils or either of them and all the Trusts powers and authorities expressed or intended to be given them the said Alexander Clark and Alexander Williamson Hume and each or either of in or by the said Will and Codicils or either of them concerning or relating to the said messuages lands tenements hereditaments and real estate or any part thereof And the said Alexander Clark and Alexander Williamson Hume have and each of them hath renounced and disclaimed and by these presents Do and each of them doth absolutely and irrevocable renounce and disclaim all and every the personal estate and effects given and bequeathed by the said Will and Codicils or either of them of the said Elizabeth Self deceased and all right title and interest whatsoever into or respecting the same under the said Will and Codicils or either of them and all the Trusts powers and authorities expressed or intended to be given to them the said Alexander Clark and Alexander Williamson Hume and each or either of them concerning or relating to the said personal estate and effects or any part thereof and also the nomination and appointment of them the said Alexander Clark and Alexander Williamson Hume and each of them to be Executors or and Executor of the said Will and Codicils or either of them and all execution and Executorship and right and title of the Probate of or relating to the said Will and Codicils or either of them and of or to all and every or any other Will or Wills Codicil or Codicils or Testamentary writing or writibgs whatsoeverby her the said Elizabeth Self deceased at any time or times made and the Probate and Probates of the same and every of them and all right title power and authority to prove the same or to act under the said Will or Wills Codicil or Codicils or other Testamentary writing or writings or otherwise to adminster interfere or intermeddle with the real or personal estate or affects of the said Elizabeth Self deceased in any manner whatsoever And to the end and intent that this disclaimer and renunciation may more certainly take effect They the said Alexander Clark and Alexander Williamson Hume Do and each of them Doth hereby constitute and appoint John Robert of Hobart Town aforesaid Proctor and Samuel William Westbrook of the same place Proctor or either of them or any other or others of the Proctors belonging to the Supreme Court of Tasmania to be the lawful Procurator or Procurators Proctor or Proctors Attorney or Attorneys of them the said Alexander Clark and Alexander Williamson Hume and for each of them for them and each of them and in their names or in his name to appear before the said Supreme Court or either of the Judges thereof or other competent Court Judge or person and for them the said Alexander Clark and Alexander Williamson Hume and for each of them and in their or his name or names to pray and procure this disclaimer or Renunciation to be admitted and accepted or otherwise for them the said Alexander Clark and Alexander Williamson Hume and in their ore his names or name to renounce and disclaim as well the execution and Executorship of the said Will and testament with the Codicils thereto of the said Elizabeth Self deceased and of all and every Codicil or Codicils thereto and also the administration of or to all and singular or any of the lands goods chattels rights credits and effects of the said Elizabeth Self deceased And to all right and title concerning the same And the said Alexander Clark and Alexander Williamson Hume do and each of them doth hereby ratify and confirm and do each of them doth agree at all times to ratify and confirm and allow all and whatsoever their and his Procurators Proctors or Attorneys or any or either of them shall lawfully do or cause to be done by virtue thereof In Witness whereof the said Alexander Clark and Alexander Williamson Hume have hereunto set their hands and seals this thirtieth day of July One thousand eight hundred and eighty.

Alex Clark

A W Hume

Signed sealed and delivered by the saif Alexander Clark and Alexander Williamson Hume in the presence of Arthur P M Lokyard Clerk yo S W Westbrook Solr Hobart Town