Will of Thomas Rowley
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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