This is a transcript of the will and probate of Sarah Smith, widow, of Hobart Town, Van Diemen's Land. Her will was dated 14 August 1849 and proved on 1 October 1853.
Transcript
Probate of The late Will and Testament of Sarah Smith
In the Supreme Court of Van Diemen’s Land
Be it known unto all Men by these presents that on the first day of October in the year of Our Lord One thousand eight hundred and fifty three the last Will and Testament of Sarah Smith late of Hobart Town in Van Diemen’s Land Widow deceased a true Copy whereof is hereunto annexed was exhibited and proved before this Honourable Court and that Administration of all and singular the goods chattels rights credits and effects of the said deceased within the Island of Van Diemen’s Land and the Dependencies thereof was and is hereby committed to Thomas Yardley Lowes of Hobart Town aforesaid Auctioneer and Nigel Gresley of the same place Banker the Executors in the said Will named they having severally sworn well and truly to perform the said Will by paying first the debts of the said deceased and then the Legacies therein bequeathed so far as the Estate shall thereunto extend and the Law bind them And to make and exhibit unto this Honourable Court a true and perfect Inventory of all and every the goods chattels rights credits and effects of the said deceased on or before the first day of April now next And render a just and true account of their Executorship when they shall be lawfully called thereunto And further that they believe the said goods chattels rights credits and effects of or belonging to the said deceased at the time of her death did not exceed in Value the sum of Seven thousand pounds in Van Diemen’s Land and the Dependencies thereof
Given under my hand and the Seal of the Supreme
Court of Van Diemen’s Land this Twenty Sixth day of
October in the year of Our Lord One thousand eight
hundred and fifty three
By the Court
Wm Sorrell
Registrar
Seal of Supreme Court of V.D.L. affixed
[page 2]
This is the last Will and Testament of me Sarah Smith of Hobart Town in Van Diemen’s Land Widow Whereas I am possessed of various Estates in Van Diemen’s Land and also of certain Shares in the Bank of Van Diemen’s Land and also of certain Shares in the Derwent and Tamar Assurance Company and also of certain other Shares in the Hobart Town and Launceston Marine Insurance Company which I consider it will be better to sell and divide the proceeds amongst my four Daughters in manner hereinafter mentioned I do therefore hereby give devise and bequeath unto Thomas Yardley Lowes of Hobart Town aforesaid Auctioneer and Nigel Gresley of the same place Banker their heirs executors administrators and assigns All and every my Estate and Effects whatsoever and wheresoever and of what nature or kind soever as well real as personal To hold my real Estates and every part thereof unto the said Thomas Yardley Lowes and Nigel Gresley their heirs and assigns To the uses and upon the Trusts following (that is to say) To sell and dispose of the same and every part thereof at such time or times in such manner and either publicly or privately as the said Trustees shall think best And I declare that the purchaser or purchasers shall not be answerable or accountable for misapplication or nonapplication of the purchase monies and that each Trustee shall only be answerable for his own acts and deeds And the said Trustees shall stand possessed of the said Trust monies upon the Trusts hereinafter mentioned And I give devise and bequeath all the Estates vested in me on any trusts or by ways of Mortgage and which I have power to dispose of by this my Will with their appurtenances unto the said Thomas Yardley Lowes and Nigel Gresley their heirs executors administrators and assigns according to the nature and quality thereof respectively Upon trust to hold and dispose of the said Trust Estates in the manner in which […] ought to be held or disposed of pursuant to the said Trusts And upon payment of the money secured on Mortgage to convey or assign the Estates in Mortgage to the person or persons entitled thereto for the time being And I declare that the money received upon such Mortage shall be considered and taken as part of my personal estate And I hereby declare that my said Trustees shall hold my personal estate Upon trust to collect get in and receive the same and convert the same into money and to hold the same upon the Trusts hereinafter mentioned And I hereby declare that the whole of my said estate and effects shall be held by my said Trustees upon the following Trusts that is to say (After payment of my just debts funeral and testamentary expenses) Upon Trust to pay the proceeds thereof to my beloved Daughters Susan Stewart Widow of the late Robert Stewart of Hobart Town aforesaid Solicitor, Sarah Griffiths relict of Valentine Griffiths late of the Tea Tree in Van Diemen’s Land aforesaid Esquire, Patience Roberts the Wife of Peter Roberts of Ashgrove near Oatlands in Van Diemen’s Land aforesaid Esquire and Charlotte Lempriere the Wife of Thomas James Lempriere of Oatlands aforesaid Esquire and to their heirs and assigns in equal proportions share and share alike as tenants in common and not as joint tenants And I hereby appoint the said Thomas Yardley Lowes and Nigel Gresley Executors of this my last Will and Testament In Witness whereof I the above named Sarah Smith have to this my last Will and Testament subscribed my name this fourteenth day of August in the year of Our Lord One thousand eight hundred and forty nine in the presence of John Dobson of Hobart Town Solicitor and Edwin Hewitt his Clerk as Witnesses thereto who in my presence at my request and in the presence of each other have subscribed their names thereto as Witnesses.
Sarah Smith
Signed published and declared by the said Testator Sarah Smith as and
for her last Will and Testament in the presence ofus who in her
presence at her request and in the presence of each other have
hereunto subscribed our names as Witnesses
John Dobson
Sol: Hob: Town
Edwin Hewitt
his Clerk
Deceased died 25th September 1853