Burgess ~ Will of Mary Burgess

  Mary Grierson late of
Collingwood near the City of
Melbourne in the Colony of
Victoria Widow deceased

This is the last Will and Testament of me

Mary Grierson of East Collingwood near the City of Melbourne in the Colony of Victoria Widow. I nominate and appoint my friends John Falconer of Fitzroy in the said Colony of Victoria Builder and Richard Evans Hill of the said City of Melbourne Hotelkeeper Executors of this my Will. I direct my said Executors to sell and dispose of all my household furniture and effects (save and except the family Bible of my late deceased Husband which I specially give and bequeath to my Grandson John Grierson with a request that he will keep and preserve it as an Heirloom in his own immediate family) and out of the proceeds of such sale to pay all my just debts funeral and testamentary expenses and the expenses of proving this my Will and should the same prove insufficient for the full discharge of the said debts and liabilities then I expressly charge the rents of my real Estate hereinafter mentioned with the payment of the deficiency thereof. I give and devise all my real Estate situated in the Victoria Parade Simpsons Road near the City of Melbourne in the said Colony of Victoria unto the said John Falconer and Richard Evans Hill their heirs executors and administrators Upon Trust that the said John Falconer and Richard Evans Hill or the survivor of them or the heirs executors or administrators of such survivor hereinafter called the Trustees or Trustee shall out of the Rents of my said Real Estate in the first instance pay and discharge my debt or debts or expenses in connection with this my Will that my said personal Estate may have proved insufficient to discharge and then Upon Trust to pay out of such rents the weekly sum of seven shillings to my Brother James Burgess (now living with me) during his natural life and afterwards as appropriate such portion of the said rents as they may think proper and expedient towards keeping my said real Estate in good repair and tenantable order and condition during the lifetime of the said James Burgess and the remainder of such rents I direct shall be allowed to accumulate until the decease of my said Brother and upon the happening of that event Then Upon Trust to sell and dispose of all my said real Estate either together or in parcels and either by public Auction or private Contract with full power to buy in the same premises or any part thereof and to resell the same without being responsible for any loss occasioned thereby. And to do and execute all such acts and assurances as they or he shall think fit for effectuating any such sale. And I declare that my said Trustees or Trustee for the time being of this my Will shall hold the monies to arise from the sale of my said Real Estate and from the accumulation of the Rents thereof as aforesaid Upon Trust after payment thereout of all expenses attendant upon such sale or sales of my said real Estate to pay to and equally divide the balance thereof between my Son the said* John Grierson my Daughters Jane the wife of James Broadfoot of East Collingwood Carpenter Margaret the wife of William Graham of Arthurs Creek in the said Colony of Victoria Farmer Mary the wife of David Thomas of Port Fairy in the said Colony of Victoria Farmer Catherine the wife of John Cockerell of Yan Yean in the said Colony of Victoria Blacksmith and Moses Thomas of Morang in the said Colony of Victoria Farmer Husband of my late deceased daughter Janet share and share alike. With regard to my son George Grierson I do not leave any special bequest to him inasmuch as he has already received considerable pecuniary assistance from me but I hereby forgive and discharge him from all debts and sum and sums of money due by him to me and which forbearance I do hereby declare shall be equal to my having left him a share with his Brothers and Sisters in the proceeds of the sale of my Estate And I expressly declare that the shares of my said Daughters if living at the time the same shall become payable shall be received by them free from the debts engagements and control of their present or any future Husbands and that their receipts alone notwithstanding coverture** shall be a sufficient discharge for the same And I further declare that in the event of the death of the said Moses Thomas my son in law or either of my said children before mentioned before their respective shares in the proceeds of my said real Estate shall become payable then that the share or shares of such one or more of them so dying as aforesaid shall go to and be equally divided between the children of such deceased parent or parents and such share or shares shall in that instance be paid by the Trustees or Trustee for the time being of this my Will to the surviving parent or Guardian of such children (if under age) Upon Trust for such children equally when and as they respectively attain the age of Twenty one years And I declare that the receipt of such surviving parent or Guardian for the same shall be a sufficient discharge to the Trustees or Trustee for the time being of this my Will And I hereby declare that the receipts or receipt in writing of the Trustees or Trustee for the time being acting in the execution of any of the Trusts hereof for the purchase money of my said real estate or any part thereof shall effectually discharge the purchaser or purchasers or other the person or persons paying the same therefrom and from being concerned to see to the application or being answerable for the misapplication or non application thereof And I hereby declare that if the said Trustees hereby appointed or either of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said Trustees or Trustee (and for this purpose any retiring Trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act and upon every such appointment the said Trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require And every such new Trustee shall (both before and after the said Trust premises shall have become so vested) have the same powers authorities and discretions as if he had been hereby originally appointed a trustee And I declare that the Trustees or Trustee for the time being of this my Will shall be chargeable only with such monies as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for any Banker Broker or other person in whose hands any of the Trust monies shall be placed nor otherwise for involuntary losses And that the said Trustees or Trustee for the time being may reimburse themselves or himself out of the monies which shall come to their or his hands under the Trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid Trusts And lastly I hereby revoke and make void all former Wills by me made and do declare this only to be my last Will and Testament - In Witness whereof I the said Mary Grierson have to this my last Will and Testament set my hand by affixing my mark this fourth day of February in the year of our Lord One thousand eight hundred and sixty four ----

 
  Signed and acknowledged by the said
Mary Grierson by her affixing her mark as
her last Will and Testament in the presence of
us, present at the same time and who in her
presence and in the presence of each other have
hereunto subscribed our names as Witnesses,
the word "the said" on the fortythird line from
the top of the first page hereof having been
previously struck out.
  the Mark of
Mary X Grierson
 
  Witness   Everett Bardwell
Solicitor Melbourne
Jno B Brennand
40 George St Fitzroy
 

Probate granted on Thursday the seventh day of April in the year
of our Lord one thousand eight hundred and seventy to John Falconer the surviving
executor named in and appointed by the Will of the said Mary Grierson deceased.

Date of death 18th March 1870
Property sworn to £20.0.0
Issued 3rd May 1870

 

The estate was finalised in September 1873 and the residue of the estate (being £912.15.10) was apportioned equally to John Grierson, Jane Broadford, Mary Thomas, Catherine Cockerell and Moses Thomas, each receiving the amount of £182.11.2.

 

 

* words struck out

** covert: [law] of a wife; under the protection of her husband

 

Last modified 22nd July 2003