Will of Thomas Rowley

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Original held at Supreme Court of New South Wales, Probate Division.

I THOMAS ROWLEY - New South Wales IN the name of God amen I Thomas Rowley Esquire of Sydney in the territory of New South Wales being of sound and disposing mind memory and understanding do make publish and declare this my lost Will and Testament in manner and form following that is to say I give devise and bequeath unto my respected friends Major George Johnstone of the New South Wales Corps and John Harris Esquire Surgeon in the same Corps all my worldly Estates and effects of what nature soever or wheresoever whether the same consist of lands houses tenements monies vested in the British funds ready monies Goods Chattels Effects and securities for monies or effects which I am pofsefsed of or entitled unto at the time of my decease in trust nevertheless and to be applied and appropriated as hereinafter is particularly mentioned and directed that is to say in trust in the first place to pay satisfy and discharge all my just debts and the expences of my funeral arid after payment and satisfaction thereof then in special trust for the benefit of my five natural children begotten in the body of Elizabeth Selwyn namely Isabella Rowley Thomas Rowley John Rowley Mary Rowley and Eliza Rowley and also for the benefit conjunctively and proportionately of the said Elizabeth Selwyn their mother upon the restrictions and conditions herein after mentioned and expressed and it is my will that my said five natural children abovenamed shall be entitled to and enjoy share and share alike their due and equal proportions of my said Estates and effects in common with the said Elizabeth Selwyn their mother under the management discretion and direction of the said Major George Johnstone and John Harris Esquire whom I hereby appoint trustees for my said children during their minority and Executors to this my last Will and Testament with full power to them the said Major George Johnstone and John Harris Esquire to advance and furnish such sum or sums of money for their education maintenance and support during their minority as they the said Trustees shall deem necessary and expedient and in the event of the decease of any of my said five natural children it is my will that the survivors or survivor of them shall be entitled to and enjoy the share o f the said deceased child or children as the case may be and I further desire and direct that when any of my said five children attain the age of twenty one years that my said Executors shall transfer and make over unto him or her who shall so attain the age of twenty one years his or her proportion or share of my said Estates and effects the same being equally and fairly divided amongst them and that he or she shall henceforth enjoy the same to and for his or her own use and benefit free from the control of the said trustees or either of them and so to continue until the whole of them have arrived at the age of twenty one years respectively when the same division or proportion is to be made to them and this trust is to determine and cease so for as respects my said five natural children or the survivors or survivor of them and it is my will and desire and I hereby direct that so long as the said Elizabeth Selwyn shall continue solo and unmarried and does not live in a state of cohabitation with any man then she shall be entitled to and receive one sixth share of the rents produce and interest of my said Estates and effects from year to year the same being into six equal share arranged and proportioned for her maintenance and support from my said Executors in common with my said five children and the case may be with the survivor which will of course determine the number of shares or proportions to make them equal amongst all but in the event of the said Elizabeth Selwyn forming connexion with any man so as to live with him in a state of cohabitation or marriage she is for ever afterwards to lose and be deprived of this allowance or provision share or proportion as the case may be and my Executors are hereby directed to withhold and discontinue the same accordingly whereas if the said Elizabeth Selwyn remains single and take every care of my said children during their minority she shall be entitled to and receive her due share and proportion with my said children and the survivors and I hereby direct and desire that if any doubt shall happen to arise as to the construction or meaning of this my Will the same shall be determined and decided by my said two Executors whose determination and decision shall be final and conclusive and deemed and taken as my real intent and meaning and I hereby revoke all former and other will and wills by me at any time heretofore made and declare this only to be my last Will and testament requesting the said Major George Johnstone and John Harris Esquire as my Executors to accept the sum of fifty pounds each for the trouble they will necessarily be put to in the execution of the trusts hereby reposed in them and which I commit to them in full confidence of their discretion judgment and fidelity and that they will kindly and tenderly afford every attention and care towards my young family in their years of maturity. In witness whereof I have hereunto set my hand and seal the twenty seventh day of February 1805 in the year of our Lord One thousand eight hundred and five.
Thos. Rowley signed sealed published and declared by the Testator Thomas Rowley Esq. as and for his last will and testament in the presence of us who in his presence and at his request have subscribed our names as witnesses thereto. Rich. Atkins - Thos. Jamison. J.P. Wm. Cousins Gross value not to exceed the value of £1,000.
PROBATE granted to JOHN HARRIS the surviving Executor the 6th. February 1828.

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