TheWillofCharlesDavisSnr

THIS IS the last Will and Testament of me Charles Davis of Hobart in Tasmania Ironmonger. Whereof I appoint my two sons Charles Davis the younger and Alfred Thomas Davis both of Hobart in Tasmania Ironmongers and my son-in-law Robert Thomas White Hobart aforesaid accountant (hereafter referred to as my said Trustees) to be theTrustees and Executors. I give and bequeath to my wife Mary Ann Davis the use during her life of all and singular the household furniture linen plate china glass pictures books goods chattels effects and things belonging to me and now being in and upon the premises occupied by me in Warwick Street Hobart aforesaid as my private residence and known as "Blendon" And after the decease of my said wife I give and bequeath the said furniture effects and things above enumerated to my said Trustees Upon Trust to sell the same by public auction or in such other manner as they shall think fit and to pay and divide the net proceeds of such sale equally to and among all my sons and daughters hereafter named share and share alike. And I declare that it shall not be necessary for my said Trustees to take an inventory of my said furniture effects and things above enumerated upon delivery thereof to my said wife and that my said Trustees shall not during her life be concerned to see to the insurance thereof or be liable for any loss thereof or damage thereto from any cause whatever. I give and bequeath the bay marie and the two traps and harness at present in my private use to my said wife absolutely. I give and bequeath to each of my said Trustees the sum of One hundred pounds for his care and trouble in carrying out the trusts of this my Will and administering my estate. I also give and bequeath to my said son-in-law the said Robert Thomas White the legacy or sum of Two hundred pounds and to my solicitor Horace Bertram White of Hobart aforesaid the legacy or sum of One hundred pounds. I give and bequeath to my said son Charles Davis the younger three thousand shares in the Company of "Charles Davis Limited" and to my said son Alfred Thomas Davis Three thousand shares in the said Company. I give and bequeath to my said wife Two thousand shares in the said Company. I give and bequeath to my daughter Emma Fuller of Hobart aforesaid the wife of Sidney Holgate Fuller of Lovett in Tasmania Storekeeper three thousand shares in the said Company. I give and bequeath two thousand shares in he said Company to each of my daughters hereinafter named namely Mary Elizabeth Kennedy the wife of Edward Houlton Kennedy of Hobart aforesaid Civil Servant, Francis Eliza White the wife of the said Robert Thomas White, Martha Davis of Hobart aforesaid , Lilian Gertrude Duckett the wife of Albert Duckett of Melbourne in the state of Victoria aforesaid Ironmonger and Amy Keziah Crisp the wife of Ernest Thomas Crisp of Hobart aforesaid Timber Merchant. And I direct that the remaining six hundred and ten shares held by me in the said Company of "Charles Davis Limited" shall fall into and form part of my residuary estate hereinafter mentioned and be disposed of as hereinafter provided. I give and devise my said private residence in Warwick Street Hobart aforesaid known as "Blendon" with the land at present occupied therewith and including the galvanizing shed and the land on which the said galvanising shed now stands and the passage way at the rear thereof and connecting with Paternoster Row all of which said Residence land shed and passage way form part or are situated on the land comprised in Certificate of Title Registered Volume XLVII Fol 45 and are hereinafter referred to as 'my said private residence'. And my three houses Nos. 36, 38, & 40 Church Street Hobart aforesaid comprising the whole of the property purchased by me from the late Mrs. Howes estate to my said wife for her life and after her decease my said private residence and my said three houses in Church Street aforesaid comprised in Certificate of Title Registered Volume CXXVII Folio 179 to my said Trustees upon Trust to sell the same and to stand possessed of the net proceeds thereof Upon Trust to pay and divide the same equally to and among my two sons and six daughters before named share and share alike. I give and devise my property in Lansdowne Crescent Hobart aforesaid comprising the eight cottages numbered 49, 51, 53, 55, 57, 59, 61 and 63 and the land thereto belonging comprising the whole of the land delineated and described in Certificate of Title Registered Volume XCII Folios 46 and 47 unto and to the use of my said Trustees Upon Trust to convey and transfer the two cottages Nos 61 and 63 Lansdowne Crescent aforesaid and the land at present occupied therewith and having a frontage of sixty four feet nine inches or thereabouts on Lansdowne Crescent and a depth of eighty nine feet four inches or thereabouts to Amy Keziah Richardson the wife of Claude Harry Richardson of Lansdowne Crescent Hobart aforesaid Carpenter and Gertrude Alice Strange the wife of my groom Joseph Strange of Hobart aforesaid in equal shares as tenants in common. And I direct that my said Trustees shall have the power and they are hereby authorised to define the boundries of the land included in the present devise in favour of the said Amy Keziah Richardson and Gertrude Alice Strange and that they shall not in so doing be bound by the measurements above given which I declare to be approximate only it being the true intent and meaning of such devise that it shall comprise such portion of the land included in the last mentioned Certificate of Title as my said Trustees shall in their absolute discretion consider to properly belong to the said two cottages No 61 and 63 Lansdowne Crescent aforesaid. And I further direct that my said Trustees shall stand possessed of the said Cottages Nos 49, 51, 53, 55, 57 and 59 Lansdowne Crescent aforesaid and the land thereto belonging and situated at the rear of the said last mentioned cottages and at the rear of the two cottages Nos 61 and 63 Lansdowne Crescent aforesaid comprising the balance of the land delineated and described in the said Certificates of Title lastly before mentioned Upon Trust for my said daughter Emma Fuller for her life and after the decease of the said Emma Fuller Upon Trust to sell the same by public auction or private contract on such terms and conditions in all respects as my said Trustees shall think fit and to pay and divide the net proceeds thereof equally to and among all the children of the said Emma Fuller who shall survive her and live to attain the age of twenty one years and if there shall be only one such child who shall survive the said Emma Fuller and live to attain the age of twenty one years Upon Trust to pay the whole of such net proceeds to such one child upon his or her attaining the said age. Provided always that if any child of the said Emma Fuller shall die in the lifetime of the said Emma Fuller leaving issue surviving the said Emma Fuller such issue shall take and if more than one equally between them the share which his her or their parent would have taken under this my Will if such parent had survived the said Emma Fuller and lived to attain the age of twenty one years. I give and devise my stone cottage No 46 Warwick Street Hobart aforesaid together with the wooden store erected in the rear thereof and fronting on and being No 20 Paternoster Row aforesaid and the land occupied therewith which said stone cottage store and land comprises the balance of the land delineated and described in the before mentioned Certificate of Title Registered Volume XLVII Folio 45 and my two brick houses Nos 309 and 311 Argyle Street Hobart aforesaid and my weatherboard house No 33 Williamson Street Hobart aforesaid together with land occupied in connection with the three last mentioned houses and which is the whole of the land comprised in Certificate of Title Registered Volume LXXXVII Folio 136 and my store and land at Queenstown in Tasmania comprised in Certificate of Title Registered Volume LXXIV Folio 196 and at present under contract for sale to Charles Leigh Celane Nicholson of Queenstown aforesaid to my said daughter Mary Elizabeth Kennedy for her own use and benefit absolutely. I give and devise my two stone cottages Nos 19 and 21 King Street Hobart aforesaid to my said daughter Francis Eliza White for her own use and benefit absolutely. I give and devise my brick cottage No 44 Warwick Street Hobart aforesaid and my two brick cottages Nos 15 and 17 Paternoster Row Hobart aforesaid to my said daughter Martha Davis for her own use and benefit absolutely. I give devise and bequeath my brick house No 142 Campbell Street Hobart aforesaid as the same is at present occupied by my son Charles Davis the younger and my brick cottage No 42 Warwick Street Hobart aforesaid and my ten acres of land situated at Knocklofty Terrace in the suburbs of Hobart aforesaid and my stone residence at Lindisfarne (formerly called Beltana) in Tasmania and known as 'Bayview' and the allotment of land thereto adjoining comprising together the whole of the land delineated and described in Certificate of Title Registered Volume CXXXIX Folio 88 and my stone residence and land at Lindisfarne aforesaid known as "Homedale" and the allotment of land thereto adjoining comprising together the whole of the land delineated and described in Certificates of Title Registered Volume CII Folio 66 and Volume XCVII Folio 22. And also all the household furniture plate linen glass china pictures goods chattels effects and things now being in and upon the said stone residences known as "Bayview" and "Homedale" aforesaid respectively or either of them to my said son Charles Davis the younger for his own use and benefit absolutely. I give and devise my five brick cottages Nos 245, 247, 249, 251 and 257 Murray Street Hobart aforesaid and my two cottages Nos 5 and 7 Mary Street Hobart aforesaid and comprised in Certificate of Title Registered Volume LXXXVI Folio 181 to my said daughter Lilian Gertrude Duckett for her own use and benefit absolutely. I give and devise my five cottages and smithy situated in Bathurst Streeet Hobart aforesaid and being Nos 65, 67, 69, 71 and 73 Bathurst Street aforesaid together with the land thereto belonging or occupied or used in connection therewith comprising the whole of the land delineated and desribed in Certificate of Title Registered Volume CXXV Folio 143 and my brick cottage No 54 Lansdowne Crescent Hobart aforesaid and my brick cottage No 226 Warwick Street Hobart aforesaid which said two last mentioned cottages are comprised in Certificate of Title Registered Volume XCI Folio 174 to my said son Alfred Thomas Davis for his own use and benefit absolutely. I give and devise my two brick houses Nos 144 and 146 Campbell Street Hobart aforesaid and my cottage No 18 Davenport Street Church of England Glebe Hobart aforesaid comprised in Certificate of Title Registered Volume CV Folio 12 to my said daughter Amy Keziah Crisp for her own use and benefit absolutely. I give and devise my shop No 53 Murray Street Hobart aforesaid built over the Hobart Rivulet by virtue of a Leasehold right held by me from the Hobart Corporation and at present occupied by Messieurs Johnston and Miller as my tenants to the Trustees for the time being of the Hobart Branch of The Young Mens Christian Association to be held by such Trustees for the benefit and in aid of the general purposes of the said Hobart Branch of the said Association. And I declare that my said Trustees may postpone the sale and conversion of any real or personal property directed to be sold or converted by this my Will for such period as they shall think fit and in the meantime may let such real propery or any part thereof for such period or periods and at such rent or rents and generally on such terms and conditions in all respects as they shall think fit and that the rents profits and income to accrue of and from all such unsold or unconverted real or personal property shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the money produced by such sale and conversion would be payable or applicable under this my Will if such sale and conversion had been actually made. And I further declare that the devise by one of any house cottage building or property contined in this my Will by reference to the Street and Number in such Street of such house cottage building or property and all rights of way "?" and other "?" thereto belonging or used or enjoyed in connection therewith. I give devise and bequeath to my said Trustees all the rest and residue of my real and personal estate not hereinbefore devised or bequeathed (hereinafter called "my residuary estae") including the six hundred and ten shares in the said Company of "Charles Davis Limited" hereinbefore mentioned. All my shares in The Perpetual Trustees Executors and Agency Company of Tasmania Limited. All my shares in The Hobart Coffee Palace Limited. All money payable to me or my representatives under and by virtue of the Policy of Assurance on my life in The Australian Mutual Provident Society for Five hundred pounds and all bonuses and additions thereto. And all money standing to my credit in any bank or banks in Tasmania either at fixed deposit or on current account Upon Trust to sell and convert my residuary estate into money or such part thereof as shall not consist of money and to stand possessed of the net proceeds of such sale and conversion and of such money. Upon Trust to pay thereout my just debts and my funeral expenses and the pecuniary legacies hereinbefore bequeathed and the Probate or other duty payable to the government on my estate or upon any property devolving upon any person or persons in consequence or by reason of my death or which shall be treated for the purposes of such Duty as part of my Estate . And also to pay the costs of proving my Will and administering my estate and of conveying or transferrring any property or properties of any such property or properties directed to be conveyed or transferred to any person or persons by this my Will or of having such person or persons registered as the proprietor or proprietors of any such property or properties and of having any devisee or devisees under this my Will registered as the proprietor or proprietors of any property or properties devised by me to him her or them as the case may be. And to stand possessed of the balance of such net proceeds and of such money as aforesaid. Upon Trust to pay and divide the same equally to and among my said wife and my said two sons and six daughters hereinbefore named share and share alike. I direct my said Trustees to employ the said Horace Bertram White as solicitor to transact the necessary legal business for my estate. I hereby revoke all former Wills unto any time heretofore made by me and declare this to be my lst Will and Testament . In witnesswhereof I have hereunto set my hand this fifth day of December One thousand nine hundred and twelve - Charles Davis -

Signed by the Testator the said Charles Davis as and for his last Will and Testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have hereunto subscribed our names as witnesses. John T Hurford, Clerk Hobart K.B.Walter, Clerk Hobart.