Ralph Turnbull's 1840 will

Grahame Thom grthom@bigpond.com

NSW Probate Office

The will of Ralph Turnbull No 7253

In The name ot. God Amen.

I Ralph Turnbull Senior of Portland Head in the Colony of New South Wales, Farmer, being of sound and disposing mind, memory and understanding Do make, publish, & declare this my last Will and Testament, hereby revoking all wills, codicils, & other testamentary dispositions made by me at any time or times heretofore.

I give and recommend my soul into the hand of the mighty God who gave it, and my body I recommend to the Earth, to be decently interred at the discretion of my Executors; and touching such worldly estate as it hath pleased God to blefs me with, I will & bequeath it as follows; that is to say -

I give & bequeath all my goods, chattels, capital, money and securities for money, Debts, & all other my personal Estate and Effects, or what kind soever, of, in, or to which I or any person or persons in trust for me, shall be entitled at the time of my decease unto my' dear Brothers George Turnbull of Portland Head, and John Turnbull senior, of Mangrove Creek, in the aforesaid Colony, Farmers, upon trust, that the said George Turnbull, & John Turnbull senior, & the survivors of them, & the Executors, Administrators, & Afsigns of such survivors Do, and shall, with all convenient speed after my decease, appropriate & dispose of the several Items of my Estate & effects in the manner & for the purposes hereinafter specifically mentioned, and first,

I give and bequeath unto my dear Wife Mary Ann Turnbull my Farm of seventy acres known as Henry Lamb's farm at Crescent Reach, Portland Head on the Hawkesbury River with all its appurtenances, Rents, Interests & profits hereunto belonging & I do hereby declare that she, the said Mary Ann Turnbull my wife shall occupy, enjoy & otherwise make use of for her own personal benefit & emolument the aforesaid farm its appurtenances & profits, for & during the minority of each and all of our six children now living, namely Eliza Mary, Jane Isabella, Sarah, Maria, Andrew Warr, & Martha, provided the six children herenamed be maintained and educated in the principles of the protestant Religion, by the said Mary Ann Turnbull my wife & their mother out of the Rents & profits arising from & pertaining to the said farm, provided also, that the lower or North West part of the farm, commencing at a line to be drawn by the aforenamed trustees, George & John Turnbull, from the Bridge that crofses the Drain towards the Rocks to the banks of the River be reserved & appropriated exclusively as a Stock-run.

I do hereby also, will & bequeath to the said Mary Ann Turnbull the two years old filly, & yearling Colt, now running up on the said farm - the said filly & Colt to be hers entirely & absolutely from the time of my decease.

And I do hereby further declare it to be my will that the aforesaid farm with its appurtenances shall not be sold or otherwise disposed of during the minority of the aforenamed children, but upon my youngest daughter Martha coming of age, it is my will & I hereby declare that the said farm with all its appurtenances shall immediately revert to my youngest son Andrew Warr aforementioned, provided & on condition that he shall not sell it or allow it to pafs out of the family of the Turnbulls, provided also that he, the said Andrew Warr, upon his coming into pofsefsion of' the said farm, according to my afore exprefsed will & intention, Do allow & pay or cause to be paid unto the aforesaid Mary Ann Turnbull, the annual sum of fifty two pounds sterling, the same to be paid to her in quarterly instalments of thirteen pounds sterling per quarter of a year, the first payment to be made at the expiration of three months after the said Andrew Warr shall come of' age, & the payments to be regularly continued untill the decease or marriage of the aforesaid Mary Ann Turnbull.

I do hereby further declare & will that should my son the said Andrew Warr die before he comes of age to take pofsefsion of the aforesaid farm according to the tenor of this my will, it shall then be lawful for the aforementioned Trustees, or Trustee, or the survivor of them, or the Executors Administrators & Afsigns of such survivor, upon the youngest of the hereinbefore-named children' s coming of age, to sell & dispose of at a fair valuation the said farm, to either of my sons Ralph or John Turnbull, in order that the family name may be continued in the Estate, & should both of my said sons Ralph & John Turnbull decline the purchase, it shall then be lawful for either of the af'orenamed Trustees to purchase it on the same terms. I do moreover hereby declare it to be my will that the proceeds arising from the sale of' the said farm shall be invested in one of the Colonial Banks, or in such other Public Company or Security, or at Interest on real Securities in New South Wales aforesaid, as shall to the Trustees, or Trustee for the time being, of this my will seem advisable: the said Trustees or Trustee, paying or causing to be paid unto the hereinmentioned Mary Ann Turnbull my wife, at the expiration of every three months, the sum or thirteen pounds sterling out of the interest or other profits arising out of' this investment, in the same manner and subject to the same conditions & restrictions as intended by this my Will, had the farm remained in the profsefsion of her son Andrew Warr. I do hereby further declare & will, that the Trustees or Trustee, for the time being of this my will, shall on the marriage or demise of' the said Mary Ann Turnbull cause both the principal of this part of my Estate to be equally divided between all my children who may be at that time living, being the issue of' both my first and second marriage.

And I do hereby further declare it to be my will, that my four Breeding Mares & one young filly, now running upon my aforementioned farm at Cresent Reach, shall be kept & retained for the sole benefit of my six children hereinbefore named, & that they, the said four mares & one filly, nor any one of them, shall be sold or otherwise disposed of, but my will is that the Trustees or Trustee or this my will shall from time to time at their discretion, sell & dispose of the produce of the said four mares & one filly, (still retaining the original Stock,) & shall invest or put out to interest in some one or other of' the Banking Companies of' the Colony or other public Security or Securities, or at interest on real securities as to the said Trustees or Trustee shall appear expedient, the proceeds of such sales, as they from time to time to be placed.

And my will is, & I hereby further declare that it shall be lawful for the said Trustees or Trustee for the time being of this my will, immediately upon each & either of the aforenamed six children coming of' age, to value or cause to be valued, the four Brood Mares & one filly with their produce, & the proceeds of them & their produce up to the time of' each child's coming of age, & after deducting all reasonable charges & expenses therefrom, to divide the nett amount of their value equally between the children remaining under age & the child at that time come of age: And my will further is that the shares or those children still continuing under age shall continue & remain in the hands & under the control of the Trustees or Trustee of this my will in the same manner & subject to the same regulations as before such division was made. And as to the remaining unapplied portion of my personal Estate consisting at five hundred & fifty pounds sterling which is now vested in the Commercial Bank at Windsor, after all my just Debts & funeral & Testamentary Expenses shall be paid, I give & bequeath unto my eldest son Ralph Turnbull of the Colo River, the sum of One hundred pounds sterling for his own use & benefit: And I give & bequeath unto my son John Turnbull of Portland Head the sum of One hundred pounds sterling for his own use & benefit: And I likewise give & bequeath the sum of two hundred pounds sterling to be equally divided between my nine grandchildren whose names follow, that is to say, Elizabeth, & Mary, & David, the children at James & Mary Ann Dunstan, & Stephen, & Ralph, the sons of John & Elizabeth Dunstan of' the Colo River And Lucinda, & Elizabeth daughters of John & Elizabeth Turnbull of Portland Head; & Grace, & John, children of Richard & Ann Cox of the Colo River, being in all nine grand-children, & I do hereby declare it to be my will that the Trustees or Trustee for the time being of this my will, shall pay or cause to be paid unto the persons hereinbefore named the aforementioned legacies & bequests.

And as to the remaining part of the five hundred & fifty pounds aforementioned as deposited in the Commercial Bank at Windsor, I declare it to be my will that the charges & expenses which may be incurred by the Trustees for fencing or other neccefsary work required to be done on my aforementioned farm at Cresent Reach, shall be defrayed out of the remaining part of the said deposit. And I further declare it to be my will that the said Trustees, or Trustee for the time being of this my will, shall & may alter, vary, & transfer into other Stocks, Funds, or Securities of a like nature the monies or any part thereof which by this my will are vested in their hands, - provided they or he shall deem it expedient so to do; And further, that on the Death, refusal, or incapacity to act of either of the said Trustees, or of any Trustees or Trustee to be appointed in his or their place or steed, it shall be lawful for the surviving or continuing Trustee to appoint a new Trustee, or Trustees in the place or stead or such Trustee or Trustees so dying, refusing to act, or becoming incapable of acting as aforesaid, & thereupon the aforesaid trusts, monies, Estates, & Premises hereinbeforementioned, shall be afsigned, transferred & conveyed respectively, so that the same may vest in such new Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require, & in his, her, or their Executors, Administrators or Afsigns, upon the trusts, &. for the ends, intents & purposes herein before mentioned, & every such Trustee either before or after such afsignment, shall have, & may exercise the same power & authority as if he had been appointed, a trustee by this my will; And none or the Trustees appointed, or to be appointed as aforesaid shall be answerable for the other of them, or for the Acts, Deeds, or Defaults, of the other of' them, nor for involuntary lapses; nor for money received under Receipts in which they shall join only for conformity. And I further declare that the present & every future Trustee shall & may reimburse themselves & each other, out of the said trust premises, or out of' the monies that may come into their hands by virtue of the trusts aforesaid, for all Costs, & Expenses incurred by them in the execution of the trusts aforesaid, or in anywise related thereunto. And I do hereby nominate & appoint the aforesaid George Turnbull of Portland Head, & John Turnbull senior of Mangrove Creek, Executors or this my will, And I do hereby authorize & empower the said George Turnbull & John Turnbull senior to pay any Debts owing by me, or claimed from me, upon any evidence they shall think proper; & to accept any security real or personal, for any Debt or Debts owing to me, & to allow such time for the payment thereof' as to them or him shall seem reasonable. And I moreover give & bequeath unto the said George Turnbull, & John Turnbull senior the sum ot twenty five pounds sterling each, as an acknowledgement of their kindnefs in acting in execution of this my Will, And as to any residue of monies that may remain in the hands & under the control of' the aforesaid Trustees or Trustee for the time being of this my Will, & which residue or monies is not hereinbefore appointed to be appropriated to any specific object, Thereby declare it to be my will that such residue of monies shall be applied to such purposes for the benefit of the Estate, as to the said Trustees or Trustee for the time being of this my Will seem advisable.

In Witnefs whereof I the said Ralph Turnbull senior, the Testator have to this my last Will and Testament set my hand and seal; to wit, my hand to the three preceeding Sheets, and my hand and Seal to this fourth and last Sheet, this third day of November in the year of our Lord One thousand eight hundred and forty.

Signed
Ralph Turnbull Sen.


Signed, sealed, published and declared by the said Testator Ralph Turnbull senior as and for his last Will and Testament, the same having been first read over to him, and he having first signed his name to each of the Sheets thereof in the presence of us, who in his presence, and in the presence of each other have subscribed our names as Witnefses thereto

D.B.Kirwan Portland Head
James Cotton of Portland Head

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