William Chenoweth Transcribed will:1904

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: Chenoweth, Hart, Herring, Hunt, Rogers, Jacobs

Last will and testament of William Chenoweth, gentleman of Willunga. ^[1]
Transcribed by Dave Roberts

South Australia
In the Supreme Court
Testamentery Causes Jurisdiction

I William Chenoweth of Rose Cottage Willunga in the Province of South Australia Gentleman hereby revoke all Wills and Testamentery Dispositions heretofore made by me and declare this to be my last Will and Testament I appoint my son John James Chenoweth and my son in law George Hunt of Myponga Farmer Executors and trustees of this my Will I devise and bequeath all the real and personal estate whatsoever and wheresoever of or to which I shall at my death be seized possessed or entitled or over which I shall have a general power of appointment or disposition by Will (except what I otherwise dispose of by this my Will or any Codicil thereto) and including therein all moneys payable to me under any Policy of Assurance on my life unto and to the use of my said trustees upon the trusts hereinafter declared concerning the same that is to say As to my Section Number 642 Hundred of Willunga and portion of Section 653 Hundred of Willunga (containing one acre) to convey and transfer the same to my son John James Chenoweth for his own absolute use and benefit As to my Section No. 700 in the Hundred of Willunga (containing two acres or thereabouts) now occupied by my son in law William Herring to convey and transfer the same to my daughter Louisa Herring for her sole and separate use and benefit absolutely As to my part Section No. 257 Hundred of Willunga together with the house erected thereon upon trust to permit my son in law Lillini Inkerman Jacobs (subject to payment by him of the rates and taxes thereon to use occupy and enjoy the same until my grand-daughter Elizabeth Rita Jacobs Attains the age of twenty one years and upon my said grand-daughter Elizabeth Rita Jacobs attaining the age of twenty one years upon trust to convey and transfer the said part of Section No. 257 to my said grand-daughter Elizabeth Rita Jacobs for her own use and benefit absolutely but if my said grand-daughter shall not live to attain the age of twenty one years then upon trust to transfer the said part of Section No. 257 to my said son in law Lillini Inkerman Jacobs for his own use and benefit absolutely As to my Section No. 610 and 611 Hundred of Willunga upon trust by such ways and means as my said trustees may think advisable and expedient to raise thereout the sum of One hundred and fifty pounds and the costs and charges incidental thereto and subject thereto to convey and transfer the said Sections 610 and 611 Hundred of Willunga to my daughter Emily Rogers for her own use and benefit absolutely And as to the last mentioned sum of one hundred and fifty pounds to pay the sum of One hundred pounds part thereof to my daughter in law Alma Chenoweth the wife of my son Thomas James Chenoweth and as to the sum of fifty pounds the balance of the said sum of One hundred and fifty pounds to pay the same to my daughter Elizabeth Ann Hart for her own use and benefit absolutely And as to the rest residue and remainder of my said trust estate my said trustees shall in such manner and under such stipulations and upon such terms and conditions in all respects as they shall in their uncontrolled discretion think fit sell collect or otherwise convert into money (according to the nature of the premises) all such parts of my said estate as shall not consist of money and for the purposes of my Will are carried out that another trustee or trustees shall be appointed so that there may never be less than two trustees of this my Will I devise all lands which at my death shall be vested in me upon any trust or by way of mortgage and of which I shall have power to dispose by Will unto my said trustees subject to the equity of redemption which at my death shall be subsisting or capable of taking effect therein but the monies secured on such mortgages shall be taken as part of my personal estate In witness whereof I have to this my last Will and Testament written on this and the two preceding sheets of paper set my hand this ninth day of December in the year of our Lord one thousand eight hundred and ninety seven - Wm Chenoweth - signed by the said testator William Chenoweth as and for 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 hereunto subscribed our names as witnesses - B A Moulden - Solc - Adelaide. J H Venning his clerk.

This is a Codicil of the last Will and Testament dated the eighth or ninth day of December one thousand eight hundred and ninety seven of me William Chenoweth formerly of Rose Cottage Willunga but now of Sellicks Hill in the State of South Australia Gentleman I give and bequeath to my daughter in law Sophia the wife of my son John James Chenoweth all the household furniture and effects in the room occupied by me in my said sons house for her own use absolutely I also give and bequeath to my said daughter in law Sophia the sum of One hundred pounds sterling as a mark of consideration for her kindness and attention which she has paid to me in my old age during the last six or seven years which I have lived with my said son John and herself And I direct that the said legacy of One hundred pounds shall be a first charge on my personal estate and payable thereout in priority if necessary to the other legacies named in my said Will Subject as aforesaid I confirm my said Will In witness whereof I have hereunto set my hand this second day of November one thousand nine hundred and three William Chenoweth Signed by the testator William Chenoweth as and for a Codicil to his last Will and Testament the same Codicil having been previously read over and explained to him and he appearing perfectly to understand the same 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 subscribed our names as witnesses the interlineation initialled by us having also been previously been made - H J Wheaton - J Humphrys

The above Will and Codicil of William Chenoweth formerly of Rose Cottage Willunga in the State of South Australia but late of Sellicks Hill in the said State Gentleman Deceased who died at Sellicks Hill aforesaid on the tenth day of May 1904 by John James Chenoweth of Sellicks Hill aforesaid Farmer a son of the said Deceased and George Hunt of Myponga in the said State Farmer a son in law of the said Deceased the executors therein named
Dated this 18th day of June 1904
Estate sworn not to exceed 2370 pounds
Alex Buchanan
Registrar

Research Notes

Dates
date of will: 8 Dec 1897
date of codicil: 2 Nov 1903
grant of probate: 18 June 1904

People mentioned in the will and codicil.
William Chenoweth gentleman of Willunga and Sellicks Hill
John James Chenoweth son, executor and trustee, land Section 642 and part Section 653
George Hunt son in law, executor and trustee
William Herring son in law, occupier of Section 700
Louisa Herring daughter, land Section 700
Lilini Inkerman Jacobs son in law, use of land part Section 257 with house till daughter attains 21
Elizabeth Rita Jacobs grand daughter, land part Section 257 with house when she attains 21
Emily Rogers daughter, land Sections 610 and 611
Alma Chenoweth daughter in law, cash 100 pounds
Elizabeth Hart daughter, cash 50 pounds
B A Moulden, solicitor
J H Venning, solicitor's clerk
Sophia Chenoweth daughter in law, household furniture and effects, cash 100 pounds
H J Wheaton, codicil witness
J Humphrys, codicil witness