Transcript of will of Rosetta Terry 1856

Discovered, transcribed, and contributed by Janice Eastment

This is the Last Will and Testament
of me Rosetta Terry of Pitts Street Sydney in the Colony of New South Wales Widow
I give and devise unto my niece Rebecca Fox of Sydney aforesaid all the plate linen
china household goods and furniture of all kinds which shall be in my dwelling house
or belong to me at the time of my death And I give devise and bequeath to Harriot
Hughes sister of the late John Terry Hughes and wife of ___________ the sum of one
hundred pounds And I give devise and bequeath unto William Manners Clarke and
Esther Hughes widow of the said John Terry Hughes and to Rebecca Fox their heirs
and assigns All my real estates wheresoever situate and of whatever kind or nature
Upon the trusts and to and for the several uses ends interests and purposes following
that is to say As to all that my dwelling house in which I now reside with the yard
buildings and appurtenances thereto belonging and devised to me by my late husband
And as to all that other piece of land adjoining situated on the West side of Pitt Street
in the city of Sydney aforesaid bounded on the North side by my said dwelling house
on the West by the Tank Stream on the South by the late Mr. Connells premises and
on the East by Pitt Street Upon trust that they the said Trustees or the survivors of
them his or her heirs and assigns do and shall immediately after my decease sell and
dispose of the Same by Public auction in one or more lots and upon such terms and
conditions as to them or the survivors or survivor of them their his or her heirs or
assigns shall think proper and shall divide the net proceeds of such sale amongst the
following persons Samuel Terry Hughes my Grandson Ellen Rosetta Hughes Ann
Elizabeth Patrick Esther Matila Hosking Hughes Henrietta Hughes and my niece the
said Miss Rebecca Fox And as to all my three houses in Crown Street Surrey Hills
known as Bodenham’s buildings with the land and appurtenances thereto Upon trust
in the proportions following for parties hereinafter named that is to say As in the
messuage or dwelling house Southernmost of the said three houses with the garden
and appurtenances thereunto belonging together with the piece of ground thereunto
attached and used as a paddock Together with the messuage tenement or dwelling
house situated on the East side of Pitt Street Sydney in which Mr Younger William
Jonathan Johnson now resides with the yard outbuildings and appurtenances thereto
belonging Together with the part of the passage belonging to me and attached to the
adjoining house in the occupation of __________ Together with all that my estate
called Moreton Park containing two thousand and sixty acres of land in the county of
Camden and territory of New South Wales aforesaid and formerly belonging to the
late Darietta ___________ with the appurtenances To the said Ellen Rosetta Hughes
for her separate estate free from the debts or control of her present or and future
husband and for the rents and profits thereof her receipt alone Shall be a discharge
And after her decease then upon trust for such of her children lawfully begotten living
at her decease and such issue then living of her children then deceased as either before
or after her decease shall being a male or males attain the age of twenty one years of
being a Female or Females attain that age or marry in fee simple to take if more than
one as Tenants in Common according to the stocks and not to the number of
individuals and as to the messuage or dwelling house situated in the centre of the said
three houses in Crown Street aforesaid with the buildings ground and appurtenances
thereunto belonging Two the said Rebecca Fox her heirs and assigns for her separate
estate free from the debts or control of any husband and as to all that messuage
tenement or dwelling house northernmost of the said three houses in Surry Hills
aforesaid (Crown Street) with the ground and appurtenances to it also belonging
Together with the messuage tenement or dwelling house ground and appurtenances
situated in the East side of Pitt Street aforesaid To pay the rents issues and profits
thereof to the said Ann Elizabeth Patrick for her separate estate free from the debts or
control of her present or any future husband and for which rents issues and profits her
receipt alone shall be a discharge and after the decease of the said Ann Elizabeth
Patrick then upon trust for such of the children of the said Ann Elizabeth Patrick
lawfully begotten living at her decease and such issue then living of her children then
deceased as either before her after her decease shall be a male or males attain the age
of twenty one years or being a Female or Females attain that age or marry in fee
simple to take it more than one as tenants in common according to the stocks and not
to the number of individuals And as to all that the messuage tenement or dwelling
house situate on the East side of Pitt Street Sydney in which Mr Younger now reside
To Esther Matilda Hosking Hughes aforesaid for her separate estate free from the
debts and control of any husband she may have and for the rents issues and profits
thereof her receipt alone shall be discharge and after her decease then upon trust for
such of her children lawfully begotten living at her decease and such issue then living
of her children then deceased as either before or after her decease shall being a male
of males attain the age of twenty one years or being a Female or Females attain that
age or marry in fee simple to take if more than one as Tenants in Common according
to the stocks and not to the number of individuals And as to all those four houses with
the ground and appurtenances in Clarence Street Sydney lately belonging to Michael
Brignell deceased Upon trust to pay the annual income arising therefrom unto the said
Samuel Terry Hughes son of John Terry Hughes my grandson or permit him to
receive the same for his natural life for his personal use and benefit Subject to the
proviso hereinafter contained Provided always and I hereby declare that if the said
Samuel Terry Hughes shall alien or dispose of the same annual income or any part
thereof or if by reason of his Bankruptcy or Insolvency or by any other means
whatsoever the same or any part thereof shall or but for this for this present proviso
would belong to or become vested in some other person or persons then the trusts
hereinbefore expressed concerning the said annual income or concerning so much
thereof as shall or would have so become vested in any person or persons other than
the said Samuel Terry Hughes as aforesaid shall thereupon immediately cease and
determine and the said annual income shall be applied by the trustees or trustee for the
time being of this my will during all the then residue of the life of the said Samuel
Terry Hughes in manner following Upon trust to pay and apply the said annual
income or such part thereof as aforesaid or otherwise for the benefit of the child or
children of the said Samuel Terry Hughes or such or one or more of such child or
children of the said Samuel Terry Hughes and in such manner as the trustee or trustees
for the time being of this my Will in their discretion shall think proper and in default
of any object of the last mentioned trust at any period during the life of the said
Samuel Terry Hughes and when and so often as the same shall happen then Upon trust
from time to time as long as such vacancy or want of object shall happen then Upon
trust from time to time so long as such vacancy shall continue to accumulate and
invest the annual income of the said trust estate or interest compound interest and of
such trust for accumulation shall extend beyond the period allowed by law Upon trust
to apply the said annual income during such want of object of the preceding trusts as
aforesaid in such and the like manner as the same would be applicable under the
ultimate trust hereinafter contained if the said Samuel Terry Hughes was actually dead
without space and after the decease of the said ST Hughes to his heirs for ever. And
also all that messuage tenement or dwelling house situate in Riley Street
Wooloomooloo Sydney formerly Conner’s with the ground and appurtenances in trust
for Henrietta Hughes aforesaid for her separate estate free from the debts or control of
any husband and for which rents her receipt alone shall be a discharge and after her
decease then upon trust for such of her children lawfully begotten living at her
decease and such issue then living of her children then deceased as either before or
after her decease shall being a male or males attain the age of twenty one years or
being a female or females attain that age or marry in fee simple to take if more than
one as tenants in common according to the stocks and not to the number of individuals
And as to all that the house and premises in Pitt Street Sydney in which Mr. Doyle
resides to my said trustees in trust to pay an apply the annual income to Priscilla
Hughes daughter of John Terry Hughes for and during the term of her natural life free
from the debts or control of any husband with whom she may intermarry as and for
her separate estate Subject to the Proviso hereinafter contained and after her decease
then upon trust for such of her children lawfully begotten living at her decease and
such issue then living of her children then deceased as either before or after her
decease shall being a male or males attain the age of twenty one years or being a
female or females attain that age or marry in fee simple to take if more than one as
tenants in common according to the stocks and not to the number of individuals
Provided always and I hereby declare that if the said Priscilla Hughes shall alien or
dispose of the same annual income or any part thereof if by reason of her bankruptcy
or insolvency or by any other means whatsoever the same or any part thereof shall or
but for this present proviso would belong to or become vested in some other person or
persons then the trusts hereinbefore expressed concerning the said annual income or
concerning so much thereof as shall or would have so become vested in any person or
persons other than the said Priscilla Hughes as aforesaid shall thereupon immediately
cease and determine and such annual income shall be applied in manner as I have
directed to take effect after the decease of the said Priscilla Hughes and as if she were
actually dead And as to all those one hundred and twenty acres of land and as to all
those fifty acres of land and forty acres of land in the parish of St George and County
of Cumberland formerly Parrotts or claimed by him Together with two hundred and
eighty acres of land at Forbes Town in the Parish of Boughton also lately belonging to
Mr. Parrott and by him conveyed to me To the use of my niece the said Rebecca Fox
her heirs and assigns for ever And as to all that my ground house and premises in
George Street now occupied by Mr. Chapman And as to all my Farm known as
Haslam’s farms between Parramatta and Liverpool To Mrs Esther Hughes And all the
rest residue and remainder of my real and personal estate except such estates as are
vested in me in trust or by way of Mortgage I give devise and bequeath to my said
trustees their heirs executors administrators and assigns Upon the trust following that
is to say Upon trust that my said trustees or the survivors or survivor of them or their
his or her heirs executors administrators or assigns do and shall with all convenient
speed after my decease call in and convert into money the residue of the same and do
and shall dispose of and sell the residue of my said real and personal estate either all
together or in parcels by public auction or private contract and with and out of the
monies to arise thereby do and shall in the first place pay and satisfy all my just debts
funeral and testamentary expenses and the legacies given by this my will and do and
shall lay out and invest the surplus of any said residuary real and personal estate
which shall remain after answering the purposes aforesaid in their his or her names or
name at interest in real securities and from time to time to alter and transpose the said
trust monies or securities of the like nature as often as occasion shall require and do
and shall stand and be possessed of the said trust monies and securities In trust for
Miss Rebecca Fox and all and every of the children or child of the late John Terry
Hughes with the exception of Priscilla Hughes who being a son or sons shall attain the
age of twenty one years of being a daughter or daughter shall attain that age or marry
under that age with the consent of her or their mother or Guardian to be divided
between and amongst them in equal proportions I empower my said trustees or trustee
for the time being of this my will to apply all or any part of the yearly income to
which under any of the devises bequests or dispositions hereinafter contained each or
any infant Divisee or Legatee shall be entitled towards the maintenance and education
or otherwise for the benefit of such Devisee or Legatee during his or her minority at
the option of my said trustees or the Survivors or survivor of them or the heirs
executors administrators or assigns of such survivor to pay the same into the hands of
the parent or Guardian of such child to be applied as aforesaid but for the application
thereof my said trustees or trustee as aforesaid shall not be responsible And I declare
that it shall be lawful for my trustees or trustee for the time being of this my will by
any deed or deeds or instrument in writing to devise or lease my said real estate
hereinbefore devised respectively on any part or parts thereof to any person or persons
and for any number of years not exceeding twenty one years to take effect in
possession and not in residence at rank rent without taking a premium for the same
and or that there be contained in every such lease a condition of reentry or
nonpayment of rent and so that the Lessees execute counterparts thereof respectively
and thereby covenant for the due payment of the rent and be not made dispunishable
for waste And I hereby direct that my said trustees or trustee for the time being of this
my Will shall and may pay and reimburse themselves and himself or herself out of my
estate all necessary and reasonable costs charges and expences whatsoever which they
or any of them shall and may bear pay or be put to or entitled to in and about the
execution of this my will or the trusts hereby in them reposed I declare that the
receipts of my trustees or surviving trustee his or her heirs executors administrators or
assigns for any money to be paid to them in that character shall exonerate the persons
paying the same from all liability in respect tot he application thereof I declare that if
any of my trustees shall die or refuse to accept the trust of the my Will or shall decline
or become incapable to act as trustees or trustees it shall be lawful for the continuing
trustees or trustee to appoint a fit person to supply the vacancy And I further declare
that so often as any trustee herein named or to be appointed under this my Will shall
die or desire to be discharged or become able to act it shall be lawful for the
continuing trustees or trustee to appoint a fit person to succeed to the office of the said
deceased retiring or incapacitated trustee And by force of every such appointment as
aforesaid all the authorities and directions given or expressed to be given to the
deceased refusing or incapacitated or discharged trustee shall be conferred upon the
appointed trustee in whom jointly with the surviving trustees or trustee the trust
property shall rest or by proper assurances be vested And on every such appointment
as aforesaid the appointed trustee shall be considered as coming under my will in the
same manner as if he had been herein named instead of the deceased or refusing
Trustee And I declare that each trustee for the time being of this my Will shall be
responsible only for his or her own respective acts defaults and receipts and be
exempt from all liability for involuntary losses And I declare and direct my trustee or
trustees for the time being of this my Will do out of the rents to be received for the
houses hereinbefore by me devised and situate on the East side of Pitt Street aforesaid
pay he annuity to which the said houses are liable to Mrs Wilson of Sydney I hereby
appoint the said William Manners Clarke executor and trustee of this my Will and the
said Esther Hughes and the said Rebecca Fox executors and trustees of this my Will
and I hereby revoke all other Wills by codicils made by me at any time and declare
this only my last Will and Testament In Witness whereof I the said Rosetta Terry
have to this my Will contained in this and the seven preceding sheets of paper set my
hand to and at the bottom of each of the said seven preceding sheets and of this last
and eighth sheet the twenty eighth day of November in the year of our Lord one
thousand eight hundred and fifty six – R. Terry

The writing contained in this and seven preceding sheets of paper was signed by the
said and above named Rosetta Terry the Testatrix as and for her last Will and
Testament in the presence of us present at the same time who in the Testatrix’s
presence and in the presence of each other have hereunto subscribed our names as
Witnesses thereto the alteration against which our names and the testatrix names are
place having first been made George S S Paul I or J Slater

This is the paper writing marked “B” referred to in the annexed affidavit of William
Manners Clarke swoon before me this seventh day of October AD1858
Signed J H Steven
A Commissioner for affidavits

Whereas I Rosetta Terry of Sydney in the Colony of New South Wales widow have
made and duly executed my will bearing date the Twenty eighth day of November
One thousand eight hundred and fifty six Now I declare this present writing to be a
codicil to my said Will and I direct the same to be annexed thereto and taken as part
and whereas I have by may said Will specially accepted Priscilla Hughes one of the
daughters of the late John Terry Hughes from any share in my residuary property (that
is property not therein specifically bequeathed) Now I withdrew and cancel such
exceptions and do hereby declare that she as well as all the children of my Son-in-law
John Hosking of Sydney Esquire shall be entitled to a share in such residuary property
and in all property not in my said Will specifically bequeathed of whatsoever nature
or kind it may be in common with the persons in my said Will named as entitled to the
same and shall share and share alike with them But I declare that the share of the said
Priscilla Hughes shall be invested by my said Trustees or trustee in my Will appointed
in Government securities or at interest on Mortgage in their names or name and the
annual interest thereof paid to the said Priscilla Hughes as and for her separate estate
and shall not be liable to the debts or control of any husband with whom she may
intermarry And after her decease the share of the said Priscilla Hughes shall be
divided amongst all her children share and share alike or shall go to such persons and
in such manner as she may bequeath the same And I ratify and confirm my said will
in every respect except as to the exception of Priscilla Hughes from all benefit of my
residuary Property therein mentioned In Witness whereof I the said Rosetta Terry
have to this Codicil contained in this sheet of paper set my hand the twenty fourth day
of February in the year of Our Lord One thousand Eight hundred and fifty Eight
R. Terry
Signed by the said Rosetta Terry as and for a Codicil to Her Will dated the Twenty
eighth day of November One thousand eight hundred and fifty six in the presence of
us present at the same time who in her presence at her request and in the presence of
each other have hereunto set our Names as Witnesses
William L Bek. Clerk Union Bank Sydney
W. M Clark

__________________________

The will of Rosetta Terry, 1858