Transcribed by Judy Benson
While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 2 pages 201 to 203 probate year 1856
|Will of John Brocklebank|
In re JOHN BROCKLEBANK. DECEASED.This is the last will and testament of me John Brocklebank of St. John's in the Island of Newfoundland, Merchant, I hereby revoke all former wills and codicils by me made and appoint Kenneth McLea and Patrick Taskers of St. John's Merchants to be the executors of this my last will. In the first place I give and bequeath all and singular the household furniture linen china books pictures and wines which I may be possessed of at the time of my decease unto my said executors upon trust that they or the survivors of them do and shall with all convenient speed after my decease sell and dispose of the same by public auction or private sale as to him or them shall seem best unto any person or persons for the best price that can be gotten for the same and out of the proceeds thereof in the first place to pay the following legacies that is to say to the Newfoundland School Society the sum of fifty pounds, to my honest and faithful servant John Toomey the sum of fifty pounds, to my housemaid Catherine Mahony the sum of thirty pounds to my cook Ellen Barron the sum of ten pounds and to my solicitor Matthew William Walbank the sum of Twenty pounds and after paying the aforesaid legacies upon trust to pay all the rest and residue of the monies arising out of such sale or sales to my sister Mrs. Mary Gordon wife of James Gordon Esquire of Dumfries Scotland Writer and Banker for her sole and separate use independent of her present or any future husband and not subject to his controul debts or liabilities.
All my old family plate which I received upon the death of my father I give and bequeath unto the eldest son me surviving of my said sister Mary Gordon hereby particularly requesting him not to sell dispose of part with the same but to retain it in the family. I give and bequeath all other plate of which I am possessed unto William Leight Anthony Esquire of St. John's Merchant and also my dog "Blaze" hoping that he will take good care of him as long as he shall live. Whereas under and by virtue of certain Articles of Co-partnership for carring on the business of Merchants entered into on or about the twentieth day of January instant between me and the aforesaid William Leight Anthony it was agreed that all the capital by me invested in said trade should continue therein for the term of five years at interest of five per cent per annum now I do hereby direct and appoint and it is my will and desire that at the expiration of the said term of five years all my capital so invested as aforesaid and all interest which shall have accrued thereon and all the profits which shall accrue to me or become payable under the said agreement and all the rest residue of my monies securities for monies funds personal estate and effects whatsoever and wheresoever not herein otherwise given and disposed of shall be equally divided amongst the said children of my said sister Mary Gordon share and share alike and in the event of the predecease of any of the said children leaving lawful issue then the share or proportion of him her or them so dying and leaving issue shall go belong to his her or their child or children and not survive to or amongst the rest of the said children as hereinbefore expressed the share or shares to be paid to son or sons upon his or their attaining the age of twenty one years and the share or shares of such one or more of them as shall be a daughter shall be paid to her or them at her or their age of respective ages of twenty one years or day or days of Marriage which shall first happen provided always and it is my will and desire that upon the expiration of my co-partnership agreement with the said William Leight Anthony and upon a final settlement and adjustment of all transactions connected therewith if there shall be a net profit due to me of three thousand pounds or upwards as my share or proportion thereof over and above the sum or sums which will be due to me for the capital which I have invested or which hereafter I may invest in the said trade and of all interest arising thereupon and after striking off all bad and doubtful debts and paying all legal demands upon the said business that then and in such case I give and bequeath unto my said partner William Leight Anthony the sum of two thousand pounds (£2000) to be paid out of such profits arising from said trade.
In witness whereof I have hereunto set my hand and seal at St. John's aforesaid this 21st day of January A.D. 1852.
Jno. Brocklebank (LS)
Signed sealed published and declared by the said John Brocklebank as and for his last will and testament in the presence of us the words "and of all interest arising thereupon" having first been interlined upon this page and the word "subject" on the first page,
Certified correct, D. M. Browning