WILL, CODICIL AND PROBATE - JOHN GOWLAND - 1861 - 1867
WILL
This is the last Will and Testament of me John Gowland of Hobart Town in Tasmania Builder and stonemason whereof I appoint William Henry Cheverton of Hobart Tow aforesaid Builder and William Downie of New Norfolk in Tasmania Farmer to be Trustees and Executors and I declare that every clause of this my Will so far as the same shall affect my said Trustees herein named shall be applied and extend to the Trustees and Trustee for the time being under this my Will I give devise and bequeath unto the said William Henry Cheverton and William Downie their heirs executors and administrators All the real estate and property (except Estates vested in me upon any trusts or by way of a mortgage) which I now have or possess or which at the time of my decease I shall or may have or possess or be entitled to or have power to dispose of and whether situated in Tasmania Victoria or elsewhere And also all my goods chattels rights credits and personal estate and effects of what kind soever To hold the same [??] and to the use of the said William Henry Cheverton and William Downie their heirs executors administrators and assigns respectively according to the nature of the property But nevertheless upon the trusts and for the purpose hereinafter expressed or declared concerning the same And I declare that my said Trustees and Trustee for the time being shall stand possessed of all and singular my household furniture plate linen [??] and household stores Upon trust to permit the same to be used by and be for the benefit of Emma Bowler now residing with me for her sole and separate use And I declare that the same shall not be subject to interference control or engagement of any husband of the said Emma Bowler And I direct my said Trustees to stand possessed of the sum of three hundred pounds for the benefit of the said Emma Bowler for her separate use as aforesaid and to pay the same to her or to such person or persons as she shall from time to time appoint to receive the same in sums amounting to not less than thirty pounds nor more than sixty pounds yearly until full payment thereof and from time to time to invest the unapplied portions in Government Debentures or real securities in Tasmania the Interest whereof shall follow the application of the principal moneys And I direct my said Trustee to stand seized and possessed of the dwelling house and premises wherein I now reside situate in Bathurst Street Hobart Town aforesaid Upon Trust during the lifetime of the said Emma Bowler to permit her to reside in the same house and premises or at her option to receive the rents and profits thereof for her [??] use as aforesaid And I declare that the receipt of the said Emma Bowler (notwithstanding any [??] or of any such person or persons as she shall from time to time appoint to receive the same as aforesaid shall be sufficient discharge of my said Trustees for the said rents and other moneys payable to her under this my Will But that the said Emma Bowler shall not have power to anticipate or charge any of the same moneys And I declare that in case the said Emma Bowler shall die before the whole of the said sum of three hundred pounds and the interest thereon shall be paid to her Then I direct that the unpaid portion thereof shall fall into my residuary personal estate. And I direct my said trustees to stand possessed of the sum of five hundred pounds for the benefit of my mother Ann Gowland now or lately residing in Dove Street Nunnery Lane in the City of York in England Widow And to pay the same to my said Mother or to such person or persons as she shall from time to time appoint to receive the same in sums of not less than thirty pounds nor more than fifty pounds yearly until full payment thereof And from time to time to invest the unapplied portion in manner aforesaid the interest thereof to follow the principal moneys from which the same arose And I direct that the receipts of my said Mother for any moneys paid to her under these presents shall be sufficient discharge to my said Trustee but that my said Mother shall not have power to anticipate or charge any of the said money And I declare that in case my said Mother shall die before the whole of the said sum of Five hundred pounds and the Interest thereon shall be paid to her The I direct that the unpaid portion thereof shall fall into my residuary personal estate And I direct that my said Trustees shall stand seized and possessed of my individual half share of and in the two parcels of land next hereinafter mentioned or described (that is to say) All that piece or parcel of land containing by measurement fifty acres or thereabouts situate and being in the parish of Hobart in the County of Birmingham in Tasmania (being a purchase by one William Stannard [?] and myself from one William [??]. And also all that allotment or piece of land containing by [??] and being in the parish of Hobart aforesaid (being a grant from the Crown to one Moses Linton and a purchase from him by the said William Stannard [?] and myself Upon Trust for my brother George Gowland for an during the term of his natural life without impeachment of waste ['impeachment of waste' means restraint from, or accountability for, injury: also a suit for damages for injury] And immediately upon the death of my said brother George Upon Trust for the first son of the family of him my said brother George lawfully to be begotten And the heirs male of the body of which son And for default of issue male of such first son Upon Trust for the second third and every other son of the body of my said brother George lawfully to be begotten one after another as they shall be in priority of birth and the heirs made of the body and bodies of all and every such son and sons And in default of issue male of all and every son and sons Upon trust for the first daughter of the body of him my said brother George lawfully to be begotten and the heirs male of the body of such daughter And for default of issue male of such first daughter Upon trust for the second third and every other daughter of the body of my said brother George lawfully to be begotten one after another as they shall be in priority of birth and the heirs male of the body and bodies of all and every such daughter And in case there may be no one to take under the last mentioned Trust then upon the like or similar trust for the benefit of my brother Joseph and his children are hereinafter declared with respect to the land hereinafter mentioned as purchased from one Alfred Cumberland And I direct that my said Trustees shall stand sized and possessed of my undivided half share of and in the land and hereditaments next hereinafter described (the same being a purchase by the said William Stannard [?] and myself from one Alfred Cumberland) that is to say All that tract or parcel of land containing by admeasurement seventy acres three roods and thirty seven perches situate and being in the parish of Hobart aforesaid as described in the conveyance thereof from the said Alfred Cumberland together with the appurtenances Upon Trust for my brother Joseph for an during the terms of his natural life without impeachment of waste And immediately upon the death of my said brother Joseph Upon Trust for the first son of the family of him my said brother Joseph lawfully to be begotten And the heirs male of the body of which son And for default of issue male of such first son Upon Trust for the second third and every other son of the body of my said brother Joseph lawfully to be begotten one after another as they shall be in priority of birth and the heirs made of the body and bodies of all and every such son and sons And in default of issue male of all and every son and sons Upon trust for the first daughter of the body of him my said brother Joseph lawfully to be begotten and the heirs male of the body of such daughter And for default of issue male of such first daughter Upon trust for the second third and every other daughter of the body of my said brother Joseph lawfully to be begotten one after another as they shall be in priority of birth and the heirs male of the body and bodies of all and every such daughter And in case there shall be no one to take under the last mentioned Trust then upon the like or similar Trusts for the benefit of my said brother George and his children as are herein before declared with respect to the lands purchased from William [??] and Moses Linton respectively And I will and direct that my said Trustees shall stand seized and possessed of all and singular other my lands and hereditaments above mentioned or described and all my residuary personal Trust Estate upon Trust as soon as conveniently may be after my decease to sell and absolutely dispose of the same either by public auction or private contract and to sell convert and get in my said residuary personal Trust Estate and to stand possessed of the proceeds to arise from such sale and collection In Trust to divide the same into thirty shares (the whole into thirty shares being considered as divided) whereof my said Mother shall be entitled to five share the said Emma Bowler to five shares my said brother George to five shares my said brother Joseph to five shares my sister Ann (wife of George Fisher now or late of the City of York Tailor) to five shares my sister Jane (wife of George Fawcett now or late of Mount Torrono in South Australia Wheelwright) to two shares and my sister Mary (wife of William Closely now or late of Dove Street Nunnery Lane aforesaid) to three shares And I direct that the shares of each my said sisters shall be for their sole and separate use and free from the debts control or engagements of her present or any future husband and that her receipts or of such person or persons as she shall appoint to receive the said shares shall be sufficient discharge to my said Trustees for as much money as may from time to time be expressed in any such receipt to have been received And I declare that so much (if any) of the said shares of my said mother as shall not have been paid to her at the time of my decease shall thereinafter fall into my said residuary Trust moneys and be distributed among my said brothers and sisters in the proportions hereinbefore mentioned But I declare that in case any one or more of my said brothers and sister shall depart this life before me and shall leave a child or children him her or them surviving then such child or children shall per [??] and not per capita be entitled to the shares of an in the said Trust moneys of his her or their mother or father so departing this life And I declare that it shall be lawful for my said Trustees at their discretion during the minority of any of the persons for the time being entitled or presumptively entitled under the trust of this my will to any part or share or parts or shares of or in the said Trust moneys or premises to apply all or any part of such share or shares in for or towards the maintenance and education or otherwise for the benefit of the same person or persons And I devise to my said Trustees and their heirs all real estate and property which at the time of my decease may be vested in me upon any Trusts or by way of Mortgage To hold the same unto and to the use of the said Trustees and their heirs Upon such Trusts and subject to such Equity of Redemption as would have affected the same if vested in my heir at law by decent And I declare that my said Trustees shall have full power to give receipts and discharges for all moneys to arise by the sale of my said real Estate and for all other moneys or effects which may be paid or delivered to them under or by virtue of the Trusts of this my Will And that such receipts shall exonerate all and every purchaser and purchasers of my said real Estate and all and every other person or persons taking such receipts from all liability to see to the appreciation or disposition of the moneys or effects therein expressed to be received provided always that if the said William Henry Cheverton and William Downie or either of them or any Trustees or Trustee to be appointed under this Clause shall die or depart from Tasmania or shall be desirous to be discharged from or shall refuse or be incapable to act in the execution of the Trusts hereby declared before the same Trusts shall be fully executed (whether such death refusal or incapacity shall occur during my lifetime or after my decease) then and on any of the said cases and when and so often as the same shall happen it shall be lawful for the Trustees or Trustee fir the time being acting in the execution of the said Trusts or for the executors or administrators of the last surviving or continuing Trustee or for any one or more of the said persons if the others or other of them shall decline to concur therein and whether such persons or person shall or shall not continue to act as a Trustee or Trustees under this my Will to appoint by any wishing under their o his hands or hand a fit person or persons to be and act as a Trustee or Trustees under this my Will And when and so often as an New Trustee or Trustees shall be appointed under this my Will as aforesaid I direct that all the Trust Estate moneys and premises for the time being disposable under this my Will shall be thereupon conveyed assured and transferred in such manner as that the same may be vested in the power or person who may be appointed as aforesaid [??] solely or jointly with the surviving or continuing Trustee or Trustees as occasion may require Upon the Trusts of this my Will and the person or persons to be appointed as aforesaid shall have all the powers and authorities of the said Trustees appointed by this my Will But I declare that until the appointment from time to time of such new Trustee or Trustees the surviving remaining continuing or capable Trustee or Trustees for the time being acting under this my Will or the [??] Executors or Administrators of the last surviving continuing or acting Trustee as the case may be shall have and may exercise all and every the powers and authorities hereby granted to or vested in my said Trustees herein named And I further declare that no person appointed or acting as a Trustee or Executor under this my Will shall be accountable for more of the said Trust moneys or premises than he shall actually receive nor otherwise than for his own use receipts neglects [??] and defaults and not for any loss which may happen of the said Trust moneys and premises without his own wilful default or neglect And I declare it shall be lawful for every Trustee under this my Will by and out of the said Trust moneys to claim to himself and to pay or allow to his Co-Trustee or Co-Trustees the amount of all costs charges and expenses which he or they may sustain expend be put into in or about the execution of all of any of the aforesaid Trusts And further that it shall be lawful for the Trustees or Trustee from time to time acting under this my Will to retain to themselves or himself a Commission or Sum of Two pounds ten shillings per centum upon all rents interests or other annual means which shall or may from time to time be gathered in or received by my same Trustees or Trustee under this my Will and paid away applied or invested in accordance with the Trusts thereof as a remuneration to the said Trustees or Trustee for the trouble to be incurred by them or him in the execution of the said Trusts such Commission to be from time to time equally divided between the Trustees if more than one who for the time being shall actually perform or execute the Trusts of my Will IN WITNESS where of I have hereunto set my hand this twenty-third day of July in the year of our Lord One thousand eight hundred and sixty one.
Signed and declared by the above named John Gowland the Testator John Gowland
as and for his last Will and Testament in the presence of us who being
present at the same time have here in his presence at his request and
in the presence of each other hereunto subscribed our name as Witnesses
Geo Westbrook - Solr Hobart Town
John Pierce - his clerk
CODICIL
THIS IS A CODICIL to the last Will above written of me the above named John Gowland I hereby revoke all gifts and bequests in my said will made to Emma Bowler I hereby bequeath unto Ann Nichols (formerly Ann Blantyre) now residing with me all plate linen chine and household goods and furniture belonging to me I give to my sister Ann Fisher mentioned in my said will (in addition to the bequest therein) the sum of one hundred pounds And I give to John Taylor who has been several years in my employment the sum of fifty pounds And I hereby that the five shares in my said Will mentioned as to go and belong to the said Emma Bowler And the like number of shares therein mentioned for the benefit of my mother shall go and belong to John George Gowland (Nichols) infant son of the said Ann Nichols And I hereby direct that in case of the decease of the said John George Gowland (Nichols) under the age of twenty one years without issue him surviving [?? - the clerk seems to have transposed these two words] the said ten shares shall be divided between the children of my said Brother George equally And I hereby give power to the Trustees of my said will and codicil to purchase from William Stannard his interests in the property mentioned in the said will as having been purchased from William McGobie and [??] Linton respectively And to permit the said William Stannard thereafter to reside upon the same or some part thereof during his natural life without charge And I direct that upon such purchase being effected the fifty acres and four acres two roods and thirty eight perches of land mentioned in the said will shall go in the manner therein directed with regard to the half share therein and that the seventy acres three roods and thirty seven perches therein mentioned shall go in the manner therein divided with regard to the half share therein And I direct that my said Trustees shall from time to time invest the sum of Three thousand pounds in Tasmanian Government Debentures or real security in Tasmania in the name of my said Trustees And shall let from year to year or for any term no exceeding five years at any one time the House land and premises in which I now reside situate in Harrington Street Hobart Town aforesaid And shall during the minority of the said John George Gowland (Nichols) and in the uncontrolled discretion of my said Trustees to pay and apply as much of the rent of the said House and premises and of the interest and yearly proceeds of the said sum of Three thousand pounds as my said Trustees shall think proper for the maintenance and benefit of the said John George Gowland Nichols and his mother the said Ann Nichols And if my said Trustees think fit it shall be lawful for them to apply a portion of the said principal sum of Three thousand pounds (not exceeding the sum of one hundred pounds) for the advancement in the world of the said John George Gowland (Nichols) and to accumulate any unapplied portions of the said rent and interest from time to time and to add the same to the principal sum of Three thousand pounds and upon the said John George Gowland (Nichols) attaining the age of twenty one years the said House land and premises and the said sum of Three thousand pounds and all accumulations thereof shall belong to the said John George Gowland (Nichols) his heirs executors administrators and assigns respectively for his and their own absolute use provided that if the said John George Gowland (Nichols) shall depart this life under the age of Twenty one years Then I direct that the sum of three hundred pounds shall be paid to his said mother the said Ann Nichols (if living) out of the exact sum of Three thousand pounds for her separate use free from the control debts or engagements of any husband and that the said House land and premises and the said sum of Three thousand pounds or the residues thereof and accumulation (if any) shall fall into my residuary real and personal estate And I hereby appoint my said Trustees Guardians of the said John George Gowland (Nichols) and of his property and estates and I confirm my said will in so far as it is now altered by this Codicil In Witness whereof I have hereunto [??] my hand this twenty seventh day of April in the year of our Lord one thousand eight hundred and sixty seven
Signed and Declared by the above named John Gowland [??] for a Codicil to his last Will in the presence of us who being present at the same time have in his presence at his request and in presence of each other hereunto subscribed our names as Witness.
(Testator died 6th May 1867)
(Inventory [??] Filed 11 December 1868)
PROBATE
BE IT KNOWN unto all Men by these presents that on the ninth day of June in the Year One Thousand eight hundred and sixty seven the last Will and Testament and Codicil thereto of John Gowland late of Hobart Town in Tasmania Builder and Stonemason deceased (true copies of which Will and Codicil are hereunto annexed) were exhibited and proved before this Honorable [?] Court and that Administration of all and singular the goods chattels rights credits and effects of the said deceased within the Island of Tasmania and its Dependencies was and is hereby committed to William Henry Cheverton of Hobart Town aforesaid Builder one of the Executors named in the said Will (reserving nevertheless to William Downie of New Norfolk in Tasmania Farmer the other Executor in the said Will named full power and authority at any time hereafter to apply for an obtain probate of the said Will and Codicil and administration of the goods chattels tights credits and effects of the deceased either jointly with the said William Henry Cheverton or otherwise as the same may require) He the said William Henry Cheverton (hereto having been first duly sworn well and truly to perform the said Will and Codicil by paying first the debts of the said deceased and then the legacies therein bequeathed so far as the Estate shall thereunto extend and the law [??? ???] And to make and exhibit unto this Honorable [?] Court a true and perfect Inventory of all and every the goods chattels rights credits and effects of the said deceased on or before the fifteenth day of December norr [??] next ensuing And to render a just and true account of his Executorship when he shall be lawfully called thereunto And further that he believes the goods chattels rights credits and effects of or belonging to the said deceased at the time of his death did not exceed in value the sum of Seven thousand pounds in Tasmania and the dependencies thereof
Given under my hand and the Seal of the Supreme Court of Van Diemen's Land (now called Tasmania) this twenty first day of June in the Year of our Lord One thousand eight hundred and sixty seven
By the Court . . . . H J Buckland . . . Registrar
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