Other wills and administrations: Will of John Gumbleton, 1876


This is the last will and testament of me John Gumbleton of Bathurst in the colony of New South Wales saddler I appoint George Albert Wray of Bathurst storekeeper John Wadsworth Ashworth of the same place saddler and Honorah Clarke executors and executrix and trustees of this my will I give devise and bequeath unto my said trustees their heirs executors administrators and assigns respectively all my real and personal estate and effects wheresoever and whatsoever upon trust as to my said personal estate that the said George Albert Wray John Wadsworth Ashworth and Honorah Clarke or the survivor of them or the heirs executors or administrators of such such survivor shall sell call in and convert into money my personal estate and effects or such part thereof as shall not consist of money and shall with and out of the money so produced and such part of my personal estate as shall consist of money pay my funeral and testamentary expenses and debts and shall stand possessed of the residue of the said moneys In trust for Honorah Clarke and Albert John William Henry Louisa Margaret and Ernest Edward -- children of me and the said Honora Clarke in equal shares and proportions share and share alike the share of each of my said children to vest in him or her when in the case of a son he shall attain the age of twenty one years and in the case of a daughter when she shall attain that age or marry and the share of the said Honorah Clarke to be paid her as soon as my executors executrix and trustees be in a position so to do And as to my said real estate upon trust to sell the same when and not before the youngest or youngest surviving child of me and the said Honorah Clarke shall attain the age of twenty one years and in the meantime to stand possessed of the rents and profits thereof and apply them as follows first to pay my brother Edward Gumbleton of Shepherds Creek in the colony aforesaid the sum of one poun per week until he shall have received the sum of one hundred pounds which is the full amount of legacy I bequeath to him and with the residue of the said rents and profits to be divided equally between the said Honorah Clarke and her said children by me in equal proportions share and share alike the share of the said Honora Clarke to be paid her from time to time as the same shall come in and the share of each of my said children to be applied for or towards his or her maintenance and education until in the case of a son he shall attain the age of twenty one years and in the case of a daughter until she shall attain that age or marry when he or she shall receive the whole of his or her share of the said rents and profits arising from my said real estate And on sale being made of my said real estate the moneys produced thereby shall be divided equally between the said Honorah Clarke and her said children by me share and share alike And I declare that the shares of moneys produced by my said real and personal estate hereby given to my said daughter shall be to her sole and separate use apart from husbands And that the share which the said Honorah Clark shall be entitled to shall be to her sole and separate use apart from any husband And I declare that if any child entitled to a share under this my will shall die before the vesting of such share without issue then such share shall go to the survivors of them equally share and share alike but if there shall be issue such issue shall take And if more than one equally between them the share of such deceased parent And I declare that if the income of the expectant share of any child in the monies to arise from conversion of any personal estate shall prove insufficient for his or her maintenance and education then the said trustees or trustee may at their or his discretion apply thereto the whole or any part of such expectant share And I declare that with regard to the share which my said Brother Edward Gumbleton shall be entitled to under this my will if he shall die before me or after and before receiving the full amount of the sum so bequeathed to him as aforesaid what proportion of the said sum which may be remaining thereupon shall not vest in his representatives but shall go to and be divided amongst my said children and Honorah Clarke share and share alike in the same manner as is mentioned in former bequests to them in this my will And I empower the said trustees or trustee until sale of my said real estate to grant leases thereof And i direct the said trustees or trustee until the vesting of each share of the said moneys to invest the same or any unapplied portion thereof or of the income arising therefrom in or upon the Government securitied of the said colony or on mortgage of real property or bank stock in the said colony and from time to time to vary if they should deem it necessary the investments for others of a like nature And lastly I revoke all former wills by me at any time heretofore made and declare this to be my last will and testament. In witness whereof I have to this my will written this and the preceding page of paper set my hand this twenty sixth day of August one thousand eight hundred and seventy six. John Gumbleton. Signed and declared in by the said Jhn Gumbleton as and for his last will and testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. J H Hellyer. JP Durack

23rd October 1876. This day upon petition Probate of the last will of John Gumbletone deceased was granted to George Albert Wray John Wadsworth Ashworth and Honorah Clarke executors and executrix therein named. Testator died 15th September 1876. Goods sworn at £1500. Probate dated same day as granted.

New South Wales Will Books
26 Aug 1876

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