Convict Tales & Ancestors

James White
Convict Number W907
Merevale Poacher, Plasterer
© Richard Carlaw. 2003-2005

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James White, Last Will and Testament

(The will was made 11th of November, 1842 - Probate was probably granted 19th of January, 1855. - R.B.H. 17th May 1997)

Copy

This is the last Will and Testament of me James White of Campbell Street Hobart Town Plasterer I give and bequeath unto my dear wife Sarah all my household furniture and other effects and things in the nature of household furniture To and for her own sole absolute use and benefit And subject to the payment of my just debts and funeral and testamentary expenses I give devise and bequeath unto David Poultney of Hobart Town Milkman his heirs executors and administrators All that my house and land No 79 in Campbell Street now in the occupation of Mr Garwood and also all that the house and land in the rear thereof now in my own possession and all other my estate and effects both real and personal and of whatever nature or kind soever and wheresoever situated which I may die possessed of or entitled to But nevertheless upon and for the several Trusts ands intents and purposes following (that is to say) Upon trust to permit and suffer my dear wife to use occupy and enjoy the said trust estate and premises and receive and take the rents issues and profits thereof to and for her own sole absolute use and benefit for and during the term of her natural life And I do hereby declare that the receipt and receipts of my said dear wife for the said rents issues and profits of my said trust estate or any part thereof shall alone and notwithstanding any future coverture be a good and sufficient discharge and good and sufficient discharges to any person or persons paying the same and upon and after the decease of my said wife Then upon trust for him the said David Poultney his heirs executors or administrators to make sale and absolutely dispose of my said trust estate and premises either together or in parcels at the best price and in the most advantageous manner he may deem fit and to make and give proper conveyances and assurances of the same to the purchaser or purchasers thereof and upon receipt of the moneys to arise by any such sale or sales to pay and divide the same equally between and amongst my dear children namely Sophia Bent the wife of William Bent of Hobart Town, Whaler, Ellen White, Joseph White, Hannah White, James White and Robert White and all and every other child or children of me by my said dear wife Sarah who may be living at the time of my decease or born in due time afterwards share and share alike as and when they shall respectively arrive at the age of twenty one years But in the case of the decease of any or either of my said children before he she or they shall attain that age and without leaving issue him her or them surviving Then I declare that the share or shares of him her or them so dying as well original as accruing under this present direction shall go to and belong to survivors of them my said children in like manner as expressed of his her or their origin the survivors al share or shares And if but one child shall survive Then the whole to such one Provided ways that in case any or either of my said children shall depart this life before he she or they shall attain the age of twenty one years leaving issue him her or them surviving Then I declare that the share or shares as well original as prospective of my child or children so dying shall go to and belong to the issue or respective issues of him her or them in equal shares and proportions But in the case of the decease of the whole of my said children under the age of twenty one years and without issue before the decease of my said dear wife Sarah Then I give devise and bequeath my said estate and effects unto my said dear wife Sarah to and for her own sole absolute use and benefit And I do further declare that the receipt and receipts of the said David Poultney his heirs executors or administrators for any money or monies to arise by the sale of my said trust estate and premises shall be a good and sufficient discharge and good and sufficient discharges to any purchaser or purchasers of the same or any part thereof who shall not upon obtaining such receipts and paying the money or monies therein expressed to have been received be compelled to see the application of the same or any part thereof or be liable or accountable for the loss misapplication or non application thereof And I do also declare that it shall and may be lawful for the said David Poultney his heirs executors or administrators by and out of the monies to come to his or their hands under or by virtue of the trusts hereby in him and them reposed to retain and reimburse unto himself and themselves all such costs and charges and expenses which he or they may bear pay or sustain in the execution of the said trusts and I hereby appoint my dear wife and the said David Poultney executrix and executor of this my will hereby revoking all former and other wills by me at any time heretofore made In witness whereof I have to this my will contained in one sheet of paper subscribed my name and affixed my seal this Eleventh day of November in the year of our Lord one thousand eight hundred and forty two---------------------------------------------------- ----------

--------------------------------------------JamesWhite-------------------- ------------------- ----

Signed sealed published and declared by James White the above named testator as and for his last will and testament in the presence of us who in his presence and in the presence of each other and at his request have subscribed our names as witnesses thereto Patrick McCabe, William Jordan, George Hewitt.

The widow Sarah re-married on the 17th September 1844. She was well provided for in the Trust Estate left by James. Following her death on the 4th of May 1853, each of the children surviving received their share of the Estate remaining. It was approved by the Supreme Court of Hobart Town, following an application by David Poultney on the 8th of January,1855.

Transcript emailed to me by Carlene Smelt, descendant of Sarah Mogford, formerly White, formerly ?

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