Joseph Broadstock - Last Will and Testament

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: Broadstock

JOSEPH BROADSTOCK, Gentleman.
South Australia, in the Supreme Court, Testamentary Causes Jurisdiction.
06742.
BE IT KNOWN that on the twenty ninth day of October in the year of our lord one thousand eight hundred and eighty three the last will and testament copy whereof is hereunder written of JOSEPH BROADSTOCK, late of SALISBURY in the province of South Australia, Gentleman deceased, who died on the twentieth day of October one thousand eight hundred and eighty three as Salisbury aforesaid was proved and registered in the Supreme Court of the said province and that administration of all and singular the personal effects of the said deceased was granted by the aforesaid court to Beaumont Arnold MOULDEN of Adelaide in the said province, solicitor, and Richard VEREO of Salisbury aforesaid, Corn Merchant the Executors named in the said Will they having been first sworn will and faithfully to administer the said personal estate and effects of the said deceased by paying his just debts and the contained in the said Will and to exhibit a true and perfect inventory of all and singular the said Estate and effects and to render a and true account thereof required by law so to do. Sworn at Adelaide under the Seal of the Supreme Court of the Premier of South Australia.

THIS IS THE LAST WILL AND TESTAMENT of me Joseph Broadstock of Salisbury in the Province of South Australia. Gentleman. I give and bequeath my piano by Strauss unto my child Mary Ann Rebecca Broadstock, the daughter of Elizabeth Eaton absolutely. And subject thereto I give and bequeath all my household furniture and effects of a domestic nature in and about my dwelling house at the time of my decease and also the sum of Twenty pounds not including my stock in trade and horses or vehicles or plant used in my business, unto Elizabeth Eaton for her own absolute use and benefit and subject as aforesaid and to the payment of my just debts, funeral and testamentary expenses I give devise and bequeath all other my property and estate and estate whether real or personal and also my mortgage and trust estate ( subject to the equities effecting the same) unto and to the use of Beaumont Arnold Moulden of Adelaide, Solicitor and Richard Vereo of Salisbury, Corn Merchant and to their heirs executors and administrators and assigns according to the nature and quality thereof respectively and who together with any other person or persons to be appointed, a trustee of the my Will as hereinafter mentioned are hereinafter called my said trustees. Upon trust as the part lot 61 of section 2190 of Yatala being 209 the land comprised in certificate of title Vol CCCXCVII Folio 139 and all other portions of the said allotments belonging to me in fee simple and not as mortgagee to permit the said ---- Elizabeth Eaton and her assigns to use, occupy and enjoy the same and receive the rents, issues and profits thereof for and during the term of her natural life provided she keeps the same in tenantable repair and from and immediately after her decease or other determination of that estate upon trust to permit the said Mary Ann Rebecca Broadstock the daughter of the said Elizabeth Eaton to use occupy and enjoy the same for and during the term of her natural life without impeachment of waste for her separate use free from the debts engagement inter in control of any husband with whom she may intermarry and from and after her decease upon trust to convey and transfer the same unto the child or if more than one the children of the said Mary Ann Rebecca Broadstock share and share alike as tenants in common and in case of there being no children of the said Mary Ann Rebecca Broadstock that upon trust to sell the same and divide the proceeds arising thereupon equally between all my sons ( including my son Joseph) share and share alike and as to all other my said real and personal Estate upon trust at the discretion of my said trustees to call in and convert into money all or any part or parts of my real or personal estate and from time to time invest, call in and reinvest or to continue any existing securities or investments and to let in lease for any term or number of years not exceeding seven years any part or parts of my said real estate and as to the rents, interest and income arising thereupon to pay to the said Elizabeth Eaton the annuity in yearly sum of Thirty pounds by and quarterly payments commencing three months from the date of my decease for and during the term of her natural life or until the youngest of my sons shall attain the age of twenty one years and upon my said youngest son attaining the age of twenty one years or as such other subsequent time as my said trustees shall think fit. Upon trust to sell my trust estate and convert all my said trust estate except the said allotment deised to the said Elizabeth Easton as aforesaid. And as to the sum of Five Hundred pounds upon trust to invest, call in and reinvest the same and out of the interest and income arising therein to pay to the said Elizabeth Eaton the said annuity of yearly sum of Thirty pounds for and during the term of her natural life and as to a futher sum of Five hundred pounds upon trust to invest, call in and reinvest them same to pay her the said Mary Ann Rebecca Broadstock the interest and income arising therefrom for her life and to divide such cash mentioned sum of Five hundred pounds between the child or children of the said Mary Ann Rebecca Broadstock after her decease and subject as aforesaid. As to the remainder of my said Estate upon trust to divide the same equally between my sons (Excluding my son Joseph for whom O have already provided) that is to say between my sones George, Amos, James Hurtle, William Humphrey and Henry Hamley share and share alike, deducting from the share of my sone George the sum of One hundred and eighty pounds seven shillings amount of his acceptance held by me without interest thereon and fifteen pounds on open account and deducting from the share oif my son Amos the sum of Twenty pounds and from the share of James Hurtle the sum of Two hundred pounds which they owe me. And subject as aforesaid and as the the said two sums of Five hundred pounds so to be invested by me said trustees. Upon trust after the decease of the said Elizabeth Eaton and Mary Ann Rebecca Broadstock respectively to divide the same amongst all my said sons excepting my said son Joseph) and I declare that the statutory power of appointment of her trustees shall be vested in and exercised by my said trustees and the survivor of them or the acting executors or administrators of sun survivor and I declare that the said Beaumont Arnold Moulden or any firm in which he may be a partner shall be enlisted to charge and be paid all such costs, charges and expenses as shall be proper in and about the management of my Estate in like manner as if he were not a trustee and I give to my trustees and executors a commission of Five pounds per centum in the grose amount of my Real and personal Estate for their pains and trouble in carrying out the trusts of this my Will and I appoint my said trustees executors of this my Will and also guardians of the persons and of the Estates of my said children and of the said Mary Ann Rebecca Broadstock and I revoke all former Wills. In witness whereof I have to this my last Will and Testament contained on this and the two proceeding sheets set my hand this Twenty fifth day of September one thousand eight hundred and eighty three.
J. Broadstock
Signed by the said Joseph Broadstock as and to this 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 hereunto subscribe our names as Witnesses the several alterations against which our initials are placed having been first made.
Alfred Miller, Bank Manager, Salisbury
Thomas Williams, Butcher, Salisbury