Wills proved in the English Principal Probate Registry: Will of Richard John Maxwell Gumbleton
I give devise and bequeath all my freehold and leasehold messuages, tenements, land, and hereditaments situate in the Counties of Cork and Waterford or elsewhere in Ireland to the use of my said wife Matilda Gumbleton during her life for her sole and separate use, and after her decease to the use of the said James Stuart Des Barres during his life, and after his decease to the use of the first and other sons successively of my late niece Emma Jane Smith deceased (late the wife of Edward Thomas Smith, District Judge of Jamaica) according to seniority in tail male, with remainder. To the use of the eldest and other daughters successively of the said Emma Jane Smith in tail, with remainder. To the use of my own right heirs for ever I give and devise my capital messuage or mansion house called Twyning Manor House and my Manor of Twyning, messuages, lands, tenements and hereditaments situate in the County of Gloucester or elsewhere in England or Wales to the use of my said wife Matilda Gumbleton during her life for her sole and separate use, and after her decease to the use of the first and other sons successively of the said Emma Jane Smith deceased according to seniority in tail male with remainder. To the use of my own right heirs for ever. And I declare that if my Trustees shall enter into possession of the said hereditaments during the infancy of a tenant in tail under this my will, and such tenant in tail shall die during infancy, and if a daughter without having been married, then and in such case the accumulation (if any) arising during such infancy shall be held upon trust for the tenant in tail next after the decease of the infant so dying. And I declare that it shall be lawful for my Trustees during the minority of any person who, if of full age, would be entitled for the time being under this my Will to the hereditaments hereinbefore devised as tenant in tail in possession to appoint by way of lease the said hereditaments or any part thereof to any person or persons for any term of years not exceeding twenty one years to take effect in possession, so that there be reserved upon every such Lease the best rent to be incident to the immediate reversion that can be reasonably obtained for the same without taking anything in the nature of a fine or premium for the making thereof, and so that there be therein contained a power of re-entry for non-payment of the rent thereby reserved for any space not exceeding thirty days, and so that the Lessee do execute a counterpart thereof and do thereby covenant for the payment of the rent thereby reserved and be not made dispunishable for waste. And I declare that every descendant of the said Emma Jane Smith who shall become entitled under this my Will to the hereditaments hereinbefore devised as tenant for life or tenant in tail in possession and who shall not then bear the surname and arms of Maxwell Gumbleton shall within twelve calendar months after he or she shall have become so entitled in possession as aforesaid, or if he or she shall be under the age of twenty one years then within twelve months after he or she shall have attained that age, assume the surname and arms of Maxwell Gumbleton and apply for and endeavour to obtain a royal license or other proper authority for that purpose. And if the person so becoming entitled as aforesaid shall be a female and shall marry, then her husband shall, within twelve calendar months after she shall have become entitled in possession as aforesaid or after her marriage (which shall last happen), also assume the said surname and Arms and apply for and endeavour to obtain a royal license or other proper[ly] authority for that purpose. And if the person so becoming entitled as aforesaid, or in the case of a married woman her husband, shall fail to comply with the direction last hereinbefore contained, not being prevented from doing so by death within the said period, then and in such case and at the expiration of the said twelve calendar months the estate of such person under this my Will shall cease and determine. And if the person whose estate shall so determine shall be a tenant for life, the said hereditaments shall thenceforth go and remain to the use of my trustees during the life of such person in trust, to permit the rents and profits thereof to be received by the person or persons for the time being entitled to the said hereditaments in remainder immediately expectant on the death of such tenant for life, and so that if the person for the time being entitled as aforesaid shall be a minor the said rents and profits shall be applied in the same manner, and my trustees shall have the same powers of management and otherwise, as are hereinbefore directed and declared in that behalf during the minority of any person for the time being entitled to the said hereditaments as tenant for life or tenant in tail in possession under this my Will. And if the person whose estate shall so determine shall be a tenant in tail, then and in such case the said hereditaments shall immediately go and devolve to the person or persons who would be entitled thereto under this my Will if such tenant in tail were then dead without issue.
I bequeath to the said James Stuart Des Barres the sum of One hundred pounds and a like sum of One hundred pounds to the said Augustus Henry John Des Barres. And as to all the rest and residue of my personal estate I give and bequeath the same [the same] to my said wife Matilda Gumbleton for her absolute use and benefit. I appoint my said wife Matilda Gumbleton and the said James Stuart Des Barres and Augustus Henry John Des Barres Executrix and Executors of this my Will, and hereby revoke all former Wills and testamentary dispositions made by me. In witness whereof I have to this my last Will and Testament contained in this and the three preceding sheets of paper set my hand this twenty third day of May one thousand eight hundred and eighty two. R J M Gumbleton
Signed and acknowledged by the said Richard John Maxwell Gumbleton as his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses G Greene. John H Woolmer. Clerks to Mr B Bonnor, Solicitor, Gloucester
In the High Court of Justice
Probate and Matrimonial Division (Ireland)
The District Registry at Cork
Be it known that on the 14th day of December 1889 the last Will & Testament hereunto annexed of Richard John Maxwell Gumbleton, late of Glanatore in the County of Cork, Esquire deceased, who died on or about the 20th day of September 1889 at Malvern, Worcestershire, and who at the time of his death had a fixed place of abode at Glanatore aforesaid within the District of Cork, was proved and registered in the District Registry of the said Division at Cork, And that the administration of all and singular the personal estate and effects of the said deceased was granted by the aforesaid Court to Isabella Matilda Gumbleton (called Matilda Gumbleton) of Glanatore aforesaid (widow of deceased), James Stuart Des Barres of Carrigeen, Major 2nd West India Regt, and Augustus Henry John Des Barres, Colonel Royal Artillery of Mogeela, both in the said County, the Executors named in the Will, they having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his Will, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law to do so. R W Wolseley
[Noted in Margin]I certify that the affidavit for the Commissioners of Inland Revenue has been delivered duly stamped, and that the amount of the gross value of the Estate and effects as shewn by the account is Fifteen thousand seven hundred and thirty three pounds sixteen shillings and ten pence, and that a separate statement of the said Estate as required by the Customs and Inland Revenue Act 1889 has been delivered with such affidavit.
R. W. Wolseley. The affidavit bears a Stamp of £450 and the Statement £150.
Court fees £16.11.9.
On the 21st day of January 1890, the Probate of the Will of Richard John Maxwell Gumbleton, late of Glanatore in the County of Cork, Esquire deceased, who died on or about the 20th day of September 1889 at Malvern, Worcestershire, granted on the 14th day of December 1889 at the Cork Probate Registry of the High Court of Justice in Ireland, to Isabella Matilda Gumbleton (in the Will called Matilda Gumbleton) of Glanatore aforesaid, widow of the deceased, James Stuart Des Barres of Carrigeen, Major 2nd West India Regiment, and Augustus Henry John Des Barres, Colonel Royal Artillery, of Mogeela, both in the said County, the Executors named in the said Will, was produced to and a copy thereof was deposited with, the Registrars and filed in the Principal Probate Registry of the High Court of Justice in England, and the said Probate was thereupon sealed with the Seal of the Principal Probate Registry of the said Court in England. Personal Estate in England £7,587.5.5.
Principal Probate Registry
20 Sep 1889
Transcribed by J Peter Swann
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