Showing posts with label Will. Show all posts
Showing posts with label Will. Show all posts

Thursday, 14 May 2015

The Will of Elizabeth Wright

When FindMyPast released New South Wales Will Books 1800 - 1952, I was over the moon! As my Australian side of the family are from New South Wales, I have used this collection to no end. Not all Wills are detailed, and not all of my ancestors left a Will, but it's always exciting when you find that an ancestor was very specific in their Will. For me, that Will belongs to my 4x Great Grandmother Elizabeth Wright nee Graham. I won't tell you much about her life before she died except for the following - she was born in 1815 in England, and arrived in Port Macquarie in 1833. She married William Wright in 1835, and died on the 24th of December, 1895 in Kempsey. I have a separate post in the works about Elizabeth and William, so be on the look out for that soon.

Before finding Elizabeth's Will, I had known that she and William lived in Kempsey, however I had not been able to find any record of where in Kempsey they lived. Elizabeth's Will changed all that. She gave exact street names! I have inserted maps where appropriate, added punctuation for an easier read (hopefully?), and everything underlined was underlined in the Will.

The Will of Elizabeth Wright

This is the last Will and Testament of me Elizabeth Wright of East Kempsey, Macleay River in the Colony of New South Wales, Widow, Revoking all former Wills and Testamentary documents hereinbefore made by me and I declare this to be my last Will.

After the payment of all my just debts funeral and testamentary expenses “are paid” I do hereby give devise and bequeath to my grand daughter Caroline Elizabeth Gill an allotment of land having frontage to Sullivan Street and William Street, East Kempsey, with cottage erected thereon and all outhouses. Also the whole of contents of such cottage consisting of furniture and personal effects with the exception of any legal documents.

Sullivan Street & William Street, East Kempsey, New South Wales
[Source: Google Maps]
     I also give and bequeath to the said Caroline Elizabeth Gill an allotment of land containing half an acre having frontage to Lord and Innes Street, East Kempsey, and I do hereby direct my Executors to have a cottage built on the said land, such cottage to cost and be of the value of two hundred pounds, the amount to be paid out of the sale of my freehold estate. I also give to the said Caroline Elizabeth Gill one milch cow now running on my selection at Inglewood also my chestnut mare Beauty and one Comus filly.

Lord Street & Innes Street, East Kempsey, New South Wales
[Source: Google Maps]
     I will and bequeath the above mentioned with all deeds relating thereto absolutely to Caroline Elizabeth Gill. I will and bequeath to Edwin James Wright an allotment of land at East Kempsey bounded on the North by the allotment bequeathed to Caroline Elizabeth Gill, on the South by C. L. Gabriel’s land, on the East by Inness Street, and on the West by Lord Street, to be held in trust by him as long as he may live. And at his decease to my grandson William Frederick Barker Wright absolutely.

    I further direct that the whole of my freehold property remaining after the above bequests are “made” to be sold as soon as my Executors can arrange for such sale, and the amount realized from such sale to be equally divided amongst my four daughters namely Alice Gill, Caroline Gill, and Matilda Walker and Charlotte Winslow share and share alike with the exception and reserving therefrom the Two hundred pounds as above stated for the erection of a Cottage. I also will that the estate bequeathed to me by my late husband William Wright as follows to Mrs Matilda Walker, wife of George Walker, about eight acres of land now occupied by William Parker and fronting Washington Street, to hold the same as long as she shall live and at her decease to her two sons Percy Walker and Augustus Walker.

Washington Street, East Kempsey, New South Wales
See Wrights Lane on the right? I wonder if it was named after the family.
[Source: Google Maps]
    To William Henry Wright I bequeath the sum of Fifty pounds to be paid to him out of the sale of my estate. I will and bequeath my selection at Inglewood containing forty acres to my daughter Alice Gill for the mutual benefit of herself and her son William Wright Gill. I further will and direct that the whole of the remaining portions of the estate whatsoever shall be equally divided among my children Charlotte Winslow, Caroline Gill, Alice Gill, Matilda Walker, Edwin James Wright, Christopher Wright, and Edgar Graham Wright share and share alike. And I hereby direct my Executors to see that a satisfactory division is made And I further direct my Executors to collect all monies due to me by my children, such monies to be paid before they participate in the property or any money they may be entitled to out of my estate, and upon such monies being paid it shall be divided among my children share and share alike.

    And I do hereby constitute and appoint James William Wilson of West Kempsey and William Thomas Daugar of West Kempsey to be Trustees and Executors to this my Will. In witness whereof I have set my hand hereunto this seventh day of December one thousand eight hundred and ninety five.

    Elizabeth Wright

    Signed by the testator Elizabeth Wright as and for her last Will and Testament in the presence of us who at her request and in her presence and in the presence of each other, all being present at the same time, have hereinto subscribed our hands as witnesses.

John Campbell, Auctioneer Kempsey.      
H.E. Palmer, Inspector of Stock, Kempsey. 

     20th Ferbruary 1896. By Act of Court Probate of the last Will and Testament of the said deceased granted to James William Wilson of Kempsey, Macleay River, Registrar of Births Deaths and Marriages for the Macleay District, and William Thomas Daugar of Kempsey, Saddler, the Executors in the Will named.

    Testator died 24 December 1895 at East Kempsey.  Estate sworn under $2499.

What a Will!

Which one of your ancestors has the most detailed Will you have found thus far?

Monday, 22 September 2014

Amanuensis Monday: The Will of Alexander Mackay

Earlier this month, Find My Past released New South Wales Will Books 1800-1952 (currently offline for improvements). Seeing as my Australian side of the family is from New South Wales (NSW), I had to take a look. Of the 10 I have found so far, I definitely think the most interesting (and most detailed) one belongs to my Great Great Grandfather Alexander Mackay.

Alexander was born in 1856 at Dungog, NSW to parents Donald Mackay and Jane Gilliban Walker. In 1885, he married Elizabeth Lucilla Gill at Nambucca, NSW. After they married, the family relocated to Bowraville where Alexander was a farmer.

Elizabeth Gill & Alexander Mackay
[Source: Personal Collection]
Alexander & Elizabeth had 6 children -
  1. Alice Jane Mackay (1886 - 1979, married Charles Churchill)
  2. Eva Florence Mackay (1888 - 1976, married James Albert Dyer)
  3. Ethel M Mackay (1890 - 1892)
  4. Lottie Mabel Mackay (1894 - 1990, married David Glyde)
  5. Archie Burton Mackay (1901 - 1993, married Sylvia Kelsey)
  6. Elizabeth Lucilla Mackay (1905 - 1996, married Clarance Lumsden)
Elizabeth died during the birth of their youngest child who was named after her. Because of this, I was curious to see what Alexander's Will would entail and what he would leave to his children. I transcribed it as is and have not added any punctuation to it, other than what was already there. With or without punctuation, it is quite straightforward and easy to understand. Here is the transcription in italics:

[Source: Find My Past]
Mackay, Alexander (sometimes called Alexander McKay)/Late of Bowraville, Farmer.

THIS IS THE LAST WILL AND TESTAMENT of me ALEXANDER MACKAY (sometimes called Alexander McKay) of Bowraville in the State of New South Wales Farmer I HEREBY REVOKE all former Wills heretofore made by me AND I DECLARE this to be my last Will I APPOINT my son ARCHIE BURTON MCKAY and JAMES ALBERT DYER (hereinafter called my Trustees which expression shall be deemed to include the Trustees or trustee for the time being of this my Will) to be Executors and Trustees of this my Will AND I DECLARE that all trusts power authorities and discretions hereinafter vested in my Trustees be exercised by the survivor of them or other the Trustee or Trustees of this my will I GIVE DEVISE AND BEQUEATH to my daughters EVA DYER LOTTIE MADEL GLYDE ALICE JANE CHURCHILL and ELIZABETH LUSCELLA LUMSDEN share and share alike as tenants in common the proceeds of my life insurance policy or policies and also any money standing at my credit in the Commonwealth Savings Bank I GIVE AND DEVISE to my Trustees two allotments of land in Bowraville and the house standing on one of the said allotments IN TRUST to sell the same and to divide the proceeds between my said four daughters share and share alike I GIVE AND DEVISE to my son ARCHIE BURTON MCKAY all my other property including my other real property upon condition that the said Archie Burton McKay pay each of my four said daughters the sum of Two hundred pounds (£200) each within twelve months after my death and I charge the said real property hereinbefore devised to the said Archie Burton McKay with the payment of the said legacies I GIVE AND BEQUEATH to the said Archie Burton McKay my shares in the Bowraville Co-Operative Society Limited and in the Coastal Farmers Society AND I DECLARE that the share of the said Archie Burton McKay shall bear the costs of my funeral and testamentary expenses duties and fees and the payment of my debts including the mortgage debt on any property devised to the said Archie Burton McKay to the intent that the bequests that I have made to my said daughters shall be exonerated from payment of any part of the said expenses duties fees debts and mortgage debts AND I DECLARE that if any child or children of mine predecease me leaving a child or children surviving them such last mentioned child or children shall take (and if more than one then equally between them) the share which his or her or their parent would have taken under this my will had such child of mine survived me IN WITNESS WHEREOF I have hereunto set my hand this Ninth day of July One thousand nine hundred and thirty-six.
ALEXANDER MACKAY.
SIGNED by the Testator as and for his last will and testament in the presence of us both present at the same time and we at this request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. M. Richardson, Law Clerk Bowraville. L. O’Neal, Solicitor, Bowraville.

23rd February, 1938. PROBATE of the Will was granted to ARCHIE BURTON MCKAY and JAMES ALBERT DYER the Executors named therein. Testator died 1st November, 1937. Estate sworn at £1814.19.7. Nett.
It seems that Alexander really cared for his children, particularly after his wife died and he was left with a newborn and young children. Before my Nanna died, she told me many times that she remembered her Grandfather Alexander Mackay and the Mackay's in general as people who worked hard for their money. She said that Alexander hoped he taught his children that, and Nanna believed that he had.
  
Alexander Mackay & his children, 1930s
L-R: Elizabeth, Alice, Alexander, Eva, Lottie & Archie
[Source: Personal Collection]