Of me Moses Thomas of Morang in the Colony of Victoria. I give all my real and personal estate unto my dear wife Ann Thomas of Morang, James Betts Farmer of Yan Yean and John Falconer builder of Fitzroy near Melbourne, their heirs executors and administrators upon trust to sell any of my personal property that they may not deem necessary to retain for the use of my family, to pay all my just debts funeral testamentary and other expenses. To let my real estate or leaseholds from year to year or for any term not exceeding the time my youngest child shall attain the age of twentyone years if a son or that age or married if a daughter to pay the net income from time to time actually arising therefrom unto my said wife during the minority of my youngest child or her marriage if a daughter, for the maintenance of herself and the maintenance and education of my infant children - as soon as my youngest child by my said wife Ann Thomas shall have attained the age of twentyone years being a son or that age or married being a daughter I direct my trustees to sell and convert all my real and personal estate into money and pay to my children by my first wife Janet, viz:- Walter, John Grierson, Janet, May McEwan, Mary and Mosina, or should any of them be dead their share to be paid to their lawful issue one half of the net entire sum realized share and share alike. The other half I direct my trustees to invest in such manner as they may think safest and best and to pay the annual income thereof to my dear wife Ann Thomas if still alive during the term of her natural life if she shall so long continue my widow, but if she be then dead or married, to pay the same to my children by her, or their issue, share and share alike, and I hereby appoint my said wife Ann Thomas of Morang, James Betts Farmer of Yan Yean and John Falconer builder of Fitzroy near Melbourne to be Executors and Trustees of my will, and I appoint my said wife to be guardian of my children during her widowhood but if she should marry again she shall thereupon cease to be an Executor and Trustee of my will or guardian of my children which shall thenceforth take effect and be executed in the same or in like manner as if the said James Betts and the said John Falconer had been originally appointed the sole Trustees and Executors, and in that event I hereby appoint the said James Betts and John Falconer to be guardians of my infant children until my youngest child shall have attained the age of twentyone years or being a daughter that age or married then the whole of my Estate real and personal to be converted into money as aforesaid the one half of the net sum realized to be paid to my children by my first wife Janet share and share alike and the other half to be paid to my children by my second wife Ann share and share alike and I further direct that in the event of my said wife Ann marrying again she shall thereupon cease to have any interest in my estate whatsoever and I declare that the Trustees and Executors of this my will for the time being shall respectively be chargeable only with such moneys as they respectively shall actually receive, and shall not be answerable for each other, nor for any banker, broker or other person in whose hands any of the trust moneys shall be placed, nor for the insufficiency or deficiency of any stocks, funds, shares or securities, nor otherwise for involuntary losses. In witness whereof I have hereunto set my hand this 19th day of February in the year of our Lord one thousand eight hundred and seventy one.

Moses Thomas

Signed by the said Testator, as his last will
and testament in the presence of us present
at the same time, who, at his request, in his
presence, and in the presence of each other,
have subscribed our names as witnesses.

John Frazelle
Hugh M Thomson

17/669
In the Supreme Court of the Colony of Victoria
In the Probate Jurisdiction

In the Will of Moses Thomas late of Morang in the Colony of Victoria
Licensed Victualler Deceased

We Ann Thomas of Morang in the Colony of Victoria Widow James Bett of Yan Yean in the said Colony Farmer and John Falconer of Napier Street Fitzroy in the said Colony Builder severally make oath and say:-
1. That the abovenamed Moses Thomas late of Morang in the Colony of Victoria Licensed Victualler deceased departed this life on the ninth day of May in the year of Our Lord one thousand eight hundred and seventy eight.
2. That he has left a Will bearing date the nineteenth day of February in the year of our Lord one thousand eight hundred and seventy one which is hereto annexed marked "A" and thereby appointed us the said Ann Thomas of Morang aforesaid Widow of the said deceased James Bett of Yan Yean in the Colony of Victoria Farmer and John Falconer of Napier Street Fitzroy in the said Colony Builder Executrix and Executors thereof and the said will is as we verily believe unrevoked.
3. That the said Will was executed in the presence of John Frazelle and Hugh Morton Thomson both of Yan Yean aforesaid.
4. That the said deceased was possessed of Real Estate in the said Colony at the time of his death under the value of Four thousand two hundred pounds and personal estate in the said Colony under the value of Seven hundred and seventy eight pounds.
5. That we will pay all the just debts and legacies of the said deceased so far as the property left by him will extend and the law buid us so to do.
And the said James Bett for myself further do say
6. That I reside at Yan Yean in the said Colony of Victoria and I have no doubt that I am the person described in the said Will as "James Betts".
7. That there is no other person of the name of James Bett or James Betts residing at Yan Yean aforesaid.
8. That I was an intimate friend of the said deceased and he requested me shortly before the execution of the said Will to act as one of his Executors to which I consented and the said deceased subsequently informed me that I had been appointed Executor.