Margaret’s Will

Will of Margaret Baynon – No 2214, NSW Probate Office

In the name of God Amen I Margaret Baynon of Sydney in the Colony of New South Wales being of sound mind memory and understanding do make and publish this my last will and testament in manner following That is to say I give and devise and bequeath unto my Executors hereinafter named my house and premises situate in 0’Connell Street Sydney and the appurtenances thereunto belonging Together with all other estate and effects both real and personal of whatsoever nature or kind or wheresoever situate that I may die possessed and to their heirs executors administrators and assigns in trust in the first place upon my decease to dispose of my personal estate to be applied as hereinafter directed and as to my property in 0’Connell Street Sydney and all other my real estate in trust to permit and suffer John Manning the Elder of 0’Connell Street Sydney to enter into and take possession of my house and premises in 0’Connell Street Sydney and take the rents issues and profits thereof for and during the term of his natural life And from and after his decease in trust to sell and dispose either by public auction or private contract in one or more lots for the best price or prices that can be got for the same without necessity of any purchaser or purchasers to see to the application or nonapplication of any purchase money arising from such sale and the receipt of my executors shall be good and valid discharges for such purchase money And out of the monies arising from the said sale of the said personal property in the first place to pay all my just debts funeral and testamentary expenses and in the next place pay unto my daughter Mary Mills the sum of Fifty Pounds and in case the said personal estate shall be insufficient to satisfy the said legacy of Fifty Pounds in trust to pay the same out of the sale of the said real estate when sold and as to the remainder of the monies arising from the said sale of the said real estate in trust to divide the same between my sons James Manning and Charles Manning and my daughter Charlotte Anderson share and share alike and if either of my aforesaid sons or daughter shall die before sale of my said real estate then the share of such deceased son or daughter shall be paid by my said executors to the child or children of such deceased son or daughter if they shall die leaving issue them surviving except as to my sons James Manning whose issue in the event of his death at any time before or after the said sale shall not take or have the share of the said James Manning to arise from the said sale but the same shall go and be divided between my said son Charles Manning and my said daughter Charlotte Anderson and their issue share and share alike and if they shall die without issue then to or amongst such of my aforesaid sons and daughter as shall be living at the time of my decease and whereas my said son James Manning has been absent from this Colony now several years and has hot been heard of it is my will that in the event of his not returning to this Colony previous to the sale of my said real estate as aforesaid or should not communicate his residence to my said son Charles Manning or my said daughter Charlotte Anderson I direct my executors hereinafter named to pay all monies to him my said son James Manning under this my will unto the Savings Bank in their names in trust for him and should my said son James Manning not return to this Colony within four years from the date of this my will or make such communication as aforesaid I direct my executors to pay all such monies to my said son Charles Manning and to my said daughter Charlotte Anderson and their issue share and share alike and I here by nominate and appoint my son in law Thomas Anderson and my son Charles Manning of O’Connell Street Sydney Executors of this my will and I hereby revoke all former and other wills by me at any time heretofore made and declare this to be my only true last will and testament In testimony whereof I have hereunto set my hand and seal this eighteenth day of August in the year of our Lord one thousand eight hundred and forty nine

Signed Sealed Published and declared by the said Testatrix as and for her last will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses thereto the same having been first read over and explained to her

Thomas Hordern
James Taylor
Thomas Hemming

Margaret Baynon X her mark