Will

David Thomas (c1812-1885)

  Dated 1885
Last Will and Testament of Mr David Thomas
This is the last Will and Testament of me David Thomas of Rosebrook near Belfast in the County of Villiers in the Colony of Victoria farmer. I direct that all my just debts funeral and testamentary expenses shall be paid as soon as conveniently may be after my decease. I give devise and bequeath all my real and personal property unto my wife Mary Thomas for her life and after her death I direct my Trustees hereinafter named to hold my freehold land near Belfast aforesaid containing four acres or thereabouts in trust for the use of my two children Georgina Thomas and George Thomas for their lives as joint tenants and after the death of the survivor of them I direct my said Trustees or the survivor of them or the executors administrators or assigns of such survivor to sell the said four acres by public auction and to divide the proceeds of such sale equally between all my surviving children. I appoint William Langtry of Killarney near Belfast aforesaid farmer and Alexander McClelland of Belfast aforesaid Manager of the Bank of Australalasia at Belfast aforesaid Executors and Trustees.

Probate
In the Supreme Court of the Colony of Victoria
In its Probate Jurisdiction
In the Will of David Thomas late of Rosebrook near Belfast in the County of Villiers in the Colony of Victoria Farmer deceased.

I William Langtry of Killarney near Belfast in the County of Villiers in the Colony of Victoria Farmer make oath and say
1 That David Thomas late of Rosebrook near Belfast aforesaid Farmer departed this life on or about the twentieth day of August In the fear of Our Lord One thousand eight hundred and eighty five
2 That I believe the annexed paper writing to be the true last Will and Testament of the said David Thomas deceased and that the said Will is as I believe untouched
3 That the said Will was duly executed in the presence of John Alexander Ross of Rosebrook aforesaid Farmer and Michael Moloney of Rosebrook aforesaid Farmer
4 That by the said Will the said deceased appointed me the said William Langtry and Alexander McClelland of Belfast in the said Colony Manager of the Bank of Australasia at Belfast aforesaid Executors thereof
5 That the said Alexander McClelland has by deed duly executed renounced Probate and disclaimed the trusts of the said Will
6 That the said deceased had at the time of his death real property in the said Colony of Victoria not exceeding in value Two hundred Pounds
7 That the said deceased had at the time of his death personal property in the said Colony not exceeding in value Five hundred and thirty three Pounds ten shillings
8 That the whole of the said real and personal property is under the value of Seven hundred and thirty four Pounds
9 That I am seeking to obtain Probate of the Will of the said deceased
10 That if I obtain Probate I will well and truly collect and administer according to law to the best of my knowledge and ability the property lands and haredilaments* good chattels and credits of the said deceased at the time of his death which at any time after shall come to the power or control hands or possession of me as his Executor or of any other person or persons for me that I will make or cause to be made a true and perfect inventory of all and singular the property lands and haredilaments, goods, chattels and credits, of the said deceased which shall have come to the hands, possession, or knowledge of me or to hands or possession of any other person or persons for me, and the same so made will sign with my proper hand writing and will exhibit and deposit and cause to be exhibited and deposited the same inventory in the Office of the Master-in-Equity within three calendar months next ensuing the Order granting Probate And further that I will make or cause to be made a true and just account of the administration of the Estate which I have undertaken as to my receipts and disbursements and as to what portion is retained by me and what portion remains uncollected and the same so made will sign with my proper hand writing and will exhibit and deposit or cause to be exhibited and deposited the same account in the said office of the Master-in-Equity within fifteen calendar months next ensuing the Order granting Probate.

Sworn at Belfast in the Colony
of Victoria this fourteenth day of
September in the Year of Our Lord
One thousand eight hundred and eighty
five Before me
(...)
A Commissioner of the Supreme Court of the Colony of Victoria for taking Affadavits.


* An early property term		  

Last modified 2 Apr 2009