David Poultney, Convict, transported to Tasmania

274 Probate

of the last Will and Testament of

David Poultney

No 2886.

In the Supreme Court } Ecclesiastical

of Tasmania } Jurisdiction

Be it known unto all men by [these presents] that on the sixth day of October one thousand eight hundred and eighty four the last will and testament of David Poultney [late of?] Upper Goulburn Street Hobart in Tasmania [a] milkman deceased who died on or about the sixth day of August one thousand eight hundred and eighty four at Hobart aforesaid (a true copy of which will 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 Tasmania and the [dependencies thereof was and is] hereby committed to Henry Edmund Poultney of Hobart aforesaid [(intelligible)] one of the Executors in the said will named ( [(intelligible) nevertheless to] Ann Poultney and John Poultney the [other] executors in the said will [named full power] and [authority] at any time hereafter to [apply ?] and [illegible] Probate of the said [will] and administration of the goods [chattels rights credits] and effects of the said deceased when [jointly] with [the] said Henry Edmund Poultney [or] otherwise] as the [need] shall require) He the said Henry Edmund Poultney having [at] first [sworn well] and [truly] to [perform] the said will by having first the debts of the said David Poultney [deceased] and [then the legacies? therein] bequeathed as far as the [estate] shall [thereunto extend and the law bind him] And [to (intelligible)] and [submit?] unto the Honourable Court a true and perfect inventory of all and every [(intelligible) chattels rights] credits and effects of the said deceased on or before the [sixth] day of April [now next Ensuing?] and to [render? a full and true account] of the [executorship when he shall be lawfully called hereunto] and further that he [believes?] the goods [chattels rights credits] and effects of the said David Poultney at the time of his death did not [exceed in value the sum of three hundred and fifty] pounds [in] Tasmania and [the Dependencies thereof]

Given under my hand and the seal of the Supreme Court of Tasmania this [sixth?] [(intelligible)] of [October?] [in the year of the Lord] one thousand eight hundred and eighty four.

By the Court

G. [Putter?] [Adams]

[deputy] Registrar

[Seal?] of the Supreme Court of Tasmania affixed.

Young [Malking?]

[Allport] Proctors

6/[03]

275. This is the Last Will & Testament of me David Poultney of Upper Goulburn Street Hobart in Tasmania milkman. I revoke all prior wills and appoint my wife Ann Poultney and my son John Poultney and Henry Edmund Poultney Trustees and [Executors] hereof. I bequeath all the furniture, [linen], china, glass, books, [prints], pictures, [consumable] provisions and other household effects of which I shall die possessed unto my said wife Ann Poultney absolutely. I [devise unto] and [to] the use of my said Trustees [their heirs] and [assigns] all the real estate and I bequeath to them all the [residue] of the personal estate to which I shall be beneficially entitled at my decease Upon trust [thereof?] in the first place [to pay] my [just [debts] and funeral and [testamentary] expenses and in the next place to hold my said real estate and the residue of my personal estate Upon trust for the absolute use and benefit of my said wife during her life and from and after the decease of my said wife Upon trust to sell my real estate by public auction or private contract [together] or in [parcels] and to sell convert and get [in] my [residuary personal estate] and to execute and do such assurances and [???? acts? as] may be [desirable] or necessary for carrying any and [every] such sale into effect. And [I hold] my said [Trustees] to stand possessed of the [net moneys] to arise from such sale and [getting] in as aforesaid Upon trust to divide the same among my children Sarah [Lankaster] of Argyle Street Hobart William Bent Poultney George Poultney of Christchurch New Zealand carpenter the said John Poultney Ann Amelia Rutherford of [Molle] Street Hobart aforesaid and Margaret Mary Ann Poultney and the said Henry Edmund Poultney {absolutely} in equal shares And I declare that if any one or more of my above named children shall die in my lifetime without having [issue] then the share assigned and accruing to which any such child or children would have been entitled had they survived me shall go and belong to the others of my children above named in equal shares. I devise unto my said Trustees all estate held by me as trustee or mortgagee [subject] to the Trusts and equities [affecting] the same [respectively] In [Witness] whereof I the said David Poultney have herewith set my hand this fourteenth day of June in the in the year of the Lord one thousand eight hundred and eighty four David x his mark Poultney SIGNED by the said testator as and for his last will and testament in the presence of us present at the same time who at the same time at his request in his sight and presence and in the presence of each other have hereunto [subverted] our names as attesting witnesses the same having been first read over and explained to him in our presence. [Russell Young?] Solicitor Hobart [James H?ousey] Clerk [&] messrs Young [Nalkin? & Allport] Solicitor[s] Hobart.

Testator died on 6 August 1884

Inventory with the papers.

~~~~~

Transcribed from copy of document AD 960 no 2886/15 obtained from the Archives Office of Tasmania, 77 Murray St, Hobart 7001, Tasmania.

Transcribed by Richard Carlaw, Johannesburg. August 2004.

Notes on transcript:

1. Square brackets [ ] are used to denote words that are unclear or have been guessed at. (Question marks indicate words or letters that are particularly unclear.)

2. Curly brackets { } are used to denote the single word "absolutely" that has been added to the original document using a different hand / pen.

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