Other wills and administrations: Will of John Gumbleton, 1876
Date: 26 Aug 1876
Place: Bathurst NSW
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
People mentioned
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