Last Will & Testament of Charles Hughes

Date: Apr 1848
Location: Petersham, New South Wales, Australia

Contents 1 Last Will & Testament 1.1 Page 1 1.2 Page 2 1.3 Page 3 1.4 Page 4 2 Sources

Last Will & Testament

This is the Last Will & Testament of Charles Hughes (1797-1848), as transcribed by Stephen Tomaszewicz

Page 1

3332 This is the last Will and Testament of one Charles Hughes of the Parramatta Road in the Parish of Petersham and Colony of New South Wales Licensed Victualler I give devise and bequeath all that messuage or tenement in which I am used residual situate in the Parish of Petersham on the Parramatta Road and known as “Woolpark Farm”

And also all those nine messuages^[1] or tenements situate in Elizabeth Street Sidney And also all other my real Estate whereas own situate to which I am betitled either in possession beversion or otherwise and also all my household furniture goods chattels and other personal Estate whatsoever and wheresoever situate unto and the use of Nicholas Newnham of Petersham aforesaid Brewer and Charles Newnham of the Same place Brewer their heirs executors administrators and assigns upon Trust to dispose thereof according to the directions hereinafter contained Firstly I charge all the said real and personal Estate with the payment of my just debts funeral and Testamentary expenses and I empower the trustees for the time being of this my Will with the consent in writing of my said wife during her life and afterwards of their own discretion and Mortgage my said real Estate or a competent part thereof in fee or otherwise to raise money for the purpose of pay- -ing the same Secondly I empower my said wife during her life to carry on the trade of business in which I shall be engaged at my death and to use and employ for that purpose such part of my real and personal Estate as shall be Their used of employed therein and for the purpose of carrying on the said business to occupy as her residence the house wherein I now resided at Petersham aforesaid wish the appurtenances and to use therein my household furniture and utensils plate linen China and consumables stores. Thirdly I direct that my said wife during her life shall receive from my death the net rents profits and annual income actual- -ly produced by my said real and personal Estate homeowner constituted or invested and including the profits of my trade or business if carried on by her Fourthly I direct that my said wife during her life shall out of the income to be received by her pursuant to the last clause maintain educate and bringing up my children being Sons until the age of twenty one and being daughters until that age or marriage and shall also maintain such of my daughters as being of that eye shall not be or have been married but any trustees shall not be obliged to see this direc- -tion fulfilled Fifthly if any of my children being Sons shall have attained or shall attain the age of twenty one years of being daugh- ters shall have married or shall marry during the life of my said wife or afterwards then it shall be lawful for my Trustees

Page 2

not withstanding the Second Clause to raise out of any personal Estate or the rents of my real Estate or both for each such children any Sum 1 not exceeding one hundred pounds to be applied towards his or her advancement in life in such manner as any trustees shall think most benefical and to be accounted for by such child on the distributi9on of my Estate pursuant to the Clause Sixthly I direct that subject to the preceding clauses my Trustees shall hold my said real and personal Estate to and for the use of my Eight children Susan the wife of Thomas Shaw, William Henry Hughes, Charles Hughes, Louisa Hughes, William Hughes, Thomas Hughes, George Hughes and Sarah Hughes to take in equal shares as tenants in common and the heirs executors administrators and assigns of such respective children the share of each female to be received enjoyed and disposed of by her as her separate Estate without the control of interference of any husband with whom she may be intermarried and her receipt to be notwithstanding coverture and effectual discharge for the same or any moneys in respect thereof and so that she shall have no power to alien or anticipate the same or the income thereof And in case any one or more of my said children shall die under the age of twenty one years without leaving issue living at his her or their death or respective deaths when as will the share or shares herein before devised to each child so dying as the share or shares limited “to such” child or children by his executory limitation shall go remain and be to the other if only one or the others if more than one of the said children and if more than one to take as aforesaid and the heirs executors administrators and assigns of such children or child respectively and I direct that it shall be lawful for the Trustees for the time being of this my Will as soon as the youngest of my said children or the youngest of the survivor of them shall attain the age of Twenty one years “and after the death of the said Sarah my Wife” absolutely to sell or dispose of my said real Estate messengers lands and heredita ments either entirely and altogether or in parcels and in one or more lots by public Auction or private contract to any person or persons willing to become the purchaser or purchasers thereof or of any part thereof for such price or prices or sum or sums of money as to the said Trustees or Trustee shall seem reasonable and for promoting and facilitating such sale or sales the said Trustees or trustee shall and may enter into make and execute all such contracts agreements conveyances and assurances as b the said trustees or trustee shall seem proper And I declare that the

Page 3

Said Trustees or Trustee for the time being of my Will shall stand and be possessed of the money to arise from such sale or sales as aforesaid upon and for such and the same trusts ends intents and purposes and with under and subject to such and the same limita- -tions powers provisoes and 2 Charles Hughes Declarations as are expressed and declared of and concerning the messuages lands and here hereditaments from which the said monies shall have proceeded or as near thereto as the nature and quality of the estates and interviewing circumstances will admit Seventhly I direct that my Trustees after the death of my wife shall apply the whole or so much as they shall think fit of the annual income of the contingent portion of each child of mine under the Sixth clause towards the maintenance education or bringing up of such and shall accu- -mulate the unapplied income and add the accumulations to the portions whence the same shall have arisen Eighthly I em- -power my said wife during her life and after her decease the trustee or trustees “for the time being” of my Will during the minority of any of my said children to grant Leases of my said real Estate or any part of parts thereof for any term or terms of years not exceeding Twenty one years in possession at the best rent without taking any fine or premium Ninthly I declare that the provision hereby made for my said wife shall be accepted by her in full satisfaction of her claim to dower out of any real Estate of which I now am or shall be seized Tenthly I give all the legal interests vested in me as Trustee or Mortgagee in any real or personal Estate unto and to the use of said Trustees upon such trusts and subject to such equities as shall be subsisting therein respectively Eleventhly I declare that the receipts of my said Trustees shall exonerate purchasers Mortgagees and others paying monies to such Trustees by virtue of my Will pour all libility in respect of “The” Application thereof Twelthly I declare that if the said Trustees or any of their or any Trustee or Trustees to Be appointed of under this provision shall die or refuse or become unwilling or unable (inserted) act as trustees or trustee of this my Will or shall go to reside out of the Colony it shall be lawful for my said wife during her life and after her death for the Trustees or Trustee for the time being whether continuing or decline to act or if none for the Executors or administrations of any deceased Trustees to appoint any fit person or persons to be a trustee or trustees in the place of any trustee or trustees dying or refusing becoming unable or unwilling to act of going to reside out of the said Colony And I declare that the Trustees or Trustee for the time being of my Will shall be competent to exercise all the powers and

Page 4

Discretion hereby confided to the Trustees herein named and I further declare that the Trustees for the time being of my Will shall not be answerable for each other’s acts or receipts nor for losses happening with- -out their own respective default and shall be at liberty to retain and allow to each other all expenses incident to the execution of the trusts and powers of my Will 3 and I ratify and confirm the settle- -ment made by me on the said Nicholas Newnham and Harriett his wife as a marriage portion of the Cottage and premises now oc- -cupied by them to be held to them “ and their heirs” And I direct that the encumbrances thereon shall be paid out of my Estate previously devised And I appoint my said Wife and the said Nicholas Newnham and Charles Newnham Executrix and Executors of my Will In Witness whereof I the said Charles Hughes the Testator have to this my Will contained in this and the preceding sheet of brief paper set my hand to and at the bottom of this and the said preceding the Seventeenth day of February in the year of our Lord one thousand Eight hundred and forty seven Charles Hughes (signature)

The writing contained in this and the preceeding sheet of brief paper was signed by the above named Charles Hughes the Testator as and for his Will in the presence of us present at the same time who in his presence and in the presence of each other have hereunto set our names as Witnesses thereto Jo Yeomans- Solicitor by defunf James Corner

29th September 1855 This day upon Petition Probate of the Last will and Testament of Charles Hughes deceased was granted to Sarah Oliver formerly Sarah Hughes the widow of Testator and Executrix in the said will named (leave being reserved to Nicholas Newnham and Charles Newham came in and prove) Testator died in the month of April 1848 Goods sworn not to exceed t 20 Probate dated the same day as granted

Sources

1. ↑ Messuage: a dwelling house with outbuildings and land assigned to its use.

• Will: "New South Wales Will Books 1800-1952", database with images, FindMyPast Image - FindMyPast Transcription (accessed 26 January 2023), Will of Charles Hughes of Petersham NSW. Died ? Apr 1848. Occupation: Licensed victuallers.