NL GENWEB

Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors

Newfoundland will books volume 3 pages 186 to 193 probate year 1871.

Will of Arthur Howe Holdsworth

In re: ARTHUR HOWE HOLDSWORTH. DECEASED.

This is the last will and testament of me Arthur Howe Holdsworth of Brookhill in the Parish of Brixham in the county of Devon Esquire where as my daughter Eliza Mary Ann Clarke Holdsworth being by arrangements made on my marriage with her late dear mother provided for it is for that reason only and not from want of equal affection for her as for my other children hereinafter named that I have not considered it necessary on my part to make any further provision for my said daughter by this will and having on the occasion of the late marriage of my son John Eastabrooke Holdsworth with Miss Emma Hill Harrison (now his wife) made provision for him he for that reason will take no benefit under this my will And whereas under the will of John Eastabrooke Esquire (the deceased father of my late dear wife Catherine Henrietta Holdsworth) my eldest son Arthur Bastard Eastabrooke Holdsworth became entitled to considerable freehold estates and under the same will the said Arthur Bastard Eastabrooke Holdsworth and my younger children Catherine Henrietta Eastabrooke Froude (the wife of William Froude Esquire, Civil Engineer) the said John Eastabrooke Holdsworth and Thomas Weston Eastabrooke Holdsworth became entitled to the residue of the property of the said John Eastabrooke and any accumulations of the same in equal proportions And whereas on the occasion of the marriage of my said daughter Catherine with the said William Froude I secured to John Spedding Froude Esquire (since deceased) and my said son John Eastabrooke Holdsworth by a mortgage of the Great Tythes or Tenths arising out of certain tenements farms closes pieces or parcels of land situate in the Parish of Stokenham in the said County of Devon the payment of the sum of three thousand pounds as the marriage portion of my said daughter with interest thereon after the rate of four pounds per cent per annum until the said principal sum should be paid And by an Indenture of Settlement bearing date on or about the first day of May one thousand eight hundred and thirty nine and expressed to be made between The venerable Robert Hurrell Froude Archdeacon of Totnes in the Diocese of Exeter of the first part the said William Froud of the second part me the said Arthur Howe Holdsworth of the third part my said daughter (by her then name and description of Catherine Henrietta Eastabrooke Holdsworth Spinster) of the fourth part and the said John Spedding Froude and John Eastabrooke Holdsworth of the fifth part the said sum of three thousand pounds and the interest thereof were settled upon certain trusts for the benefit of the said William Froude and of my said daughter and of the issue of their marriage And whereas in consideration of the provision or settlement so made by me as aforesaid by an Indenture of assignment bearing even date with the said Indenture of Settlement and expressed to be made between my said daughter of the first part he said William Froude of the second part and me the said Arthur Howe Holdsworth of the third part All the portion share right and interest to which my said daughter then was or to which she or the said William Froude in her right might thereafter become entitled of and in the residuary estate of the said John Eastabrooke deceased were assigned unto me the said Arthur Howe Holdsworth for my own use and benefit and on the occasion of the said late marriage of my said son John a similar assignment was made by him to me of his portion share right and interest of and in the said residuary estate in consideration of the provision I then made for him as aforesaid And Whereas by an indenture of Assignment bearing date on or about the nineteenth day of May one thousand eight hundred and forty six my said sons Arthur Bastard Eastabrooke Holdsworth and Thomas Weston Eastabrooke Holdsworth have for the consideration therein expressed also assigned to me absolutely their respective portions shares rights and interest of and in the residuary estate Now I hereby direct that my said son Arthur Bastard Eastabrooke Holdsworth (whom I have hereinafter constituted my general Devisee Legatee and executor) or his heirs executors administrators or assigns shall not be at liberty to pay off the said sum of three thousand pounds so secured to the said John Spedding Froude and John Eastabrooke Holdsworth and so settled as aforesaid or any part thereof during the life of the said Catherine Henrietta Eastabrooke Froude unless payment thereof shall be required or demanded by the Trustees or Trustee for the time of the hereinbefore recited Indenture of Settlement And that in the meantime and until the said sum of three thousand pounds shall be received by the said Trustees or Trustee the same or such part thereof as shall from time to time remain unpaid shall bear interest after the rate of one pound per cent per annum in addition to the interest after the rate of four pounds per cent per annum so secured and made payable in respect thereof as aforesaid and that such additional interest shall commence from the day of my decease and be paid on the same days on which the said interest after the rate of four pounds per cent per annum is made payable And I further direct that the receipts of the trustees or trustee for the time being of the said Indenture of Settlement shall be conclusive discharges for such additional interest and that the same shall be held paid and applied by the said Trustees or Trustee in the same manner in all respects as by the said Indenture of Settlement is declared or directed concerning the said interest after the rate of four pounds per cent per annum And I further direct that the said additional interest of one pound per cent per annum shall be paid clear of any legacy duty which may be chargeable in respect thereof And whereas I have already paid or advanced to or for my said son Thomas Weston Eastabrooke Holdsworth the sum of one thousand five hundred pounds Now I give and bequeath to the said Thomas Weston Eastabrooke Holdsworth the further sum of one thousand five hundred pounds free and clear of legacy duty And I direct that the same until paid shall bear interest after the rate of five pounds per cent per annum from the day of my decease and that such interest shall be paid by equal half yearly payments and that the first payment thereof shall become due and be made on the day of the expiration of the first six calendar months next after my death And it is my especial will and direction that the said legacy of one thousand and five hundred pounds hereinbefore bequeathed to my said son Thomas shall be paid to him within six calendar months after demand thereof in writing shall have been given to my said son Arthur Bastard Eastabrooke Holdsworth his heirs executors administrators or assigns or shall have been left for him or them at his or their last known or most usual place of abode in England but not at any earlier period during the life of my said son Thomas and without any right in the said Arthur Bastard Eastabrooke Holdsworth his heirs executors administrators or assigns to pay off the same legacy or any part thereof previously to such demand of the same And in addition to the provision so made as aforesaid for my said daughter Catherine and for my said son Thomas I give and bequeath to each of them during her and his life an annuity or yearly sum of fifty pounds clear of legacy duty and all other deductions to be paid by equal quarterly payments as from the day of my decease the first of such quarterly payments to be made at the expiration of three calendar months next after that event and a proportional part of such annuity to be paid to the executors or administrators of such annuitant in the event of his or her death in the interval between any two quarterly days of payment of his or her annuity or in the interval between the day of my death and the first quarterly day of payment thereof And I direct that the annuity so bequeathed to my said daughter Catherine shall be paid to her for her own sole and separate use and benefit independently of the said William Froude or any future husband and without power for her to anticipate the same And I declare that her receipts alone and the receipts of no other person shall be conclusive discharges for the same

And I hereby subject and charge all my real and personal estate and effects with the payment of my just debts funeral and testamentary expenses and the additional interest and the legacies and annuities hereinbefore given and bequeathed or directed to be paid but so always that my personal estate shall be and be deemed the primary fund and my real estate only the secondary fund for such purposes and so subject I hereby give devise and bequeath all the real and personal estate and effects of every description whatsoever and wheresoever of all to which I or any person or persons in trust for me shall be seized possessed or entitled at the time of my decease and my said son Arthur Bastard Eastabrooke Holdsworth his heirs executors administrators and assigns to and for his and their own absolute use and benefit according to the nature and quality of the same estates respectively

And I hereby appoint my said son Arthur Bastard Eastabrooke Holdsworth sole executor of this my will and hereby revoke every or any other testamentary disposition by me at any time heretofore made In witness whereof I the said Arthur Howe Holdsworth the testator have to each sheet of this my last will and testament contained in five sheets of paper subscribed my name this twenty seventh day of May in the year of our Lord one thousand eight hundred and forty six-

A.H. Holdsworth- Signed by the above named Arthur Howe Holdsworth the testator as and for his last will and testament in the presence of us present at the same time who in his presence and in the presence of each other have attested the same and subscribed our names as witnesses thereto-

Preston Karslake 4 Regent St., St. Jamesí Westmr-

Willm Geo. Astell, 4 Regent St. Saint James Westmr.

This is a codicil to the last will and testament of me Arthur Howe Holdsworth formerly of Brookhill in the Parish of Brixham in the County of Devon and now of Hawthornden Torquay in the said County Esquire which will bears date on or about the twenty seventh day of May one thousand eight hundred and forty six Whereas I am indebted to my daughter Eliza Mary Anne Clark Holdsworth in the sum of three thousand pounds or thereabouts which debt bears interest as to the sum of one thousand pounds part thereof at the rate of five pounds per cent per annum and as to the sum of two thousand pounds the remainder thereof at the rate of four pounds per cent pr annum Now I direct that my said daughter shall be paid the interest of the said debt of three thousand pounds or thereabouts up to the time hereinafter allowed her for making her election whether she shall or shall not (under the option hereinafter given to her) elect to require payment of the said debt of three thousand pounds or thereabouts and I also direct that my said daughter shall be paid the said debt of three thousand pounds or thereabouts and the interest thereof from the time hereinafter allowed her for making her election or (at her election) in lieu and full satisfaction and discharge of the same debt and such interest as last aforesaid I bequeath to my said daughter the dwelling house in which I now reside called Hawthornden with the greenhouse stables coachhouse gardens and premises thereto pertaining for all my estate and interest therein at my death together also with the orange and other trees plants and flowers which may be in the said garden and greenhouse at my death I direct that my said daughter shall be allowed three calendar months from my death within which to make her election between requiring payment of the said debt of three thousand pounds and the interest thereof from the time of making such her election and her acceptance in lieu and full satisfaction and discharge of the same debt and such interest as last aforesaid of the bequest hereinbefore contained and I further direct that such election as aforesaid shall be made by my said daughter in writing under her hand within the space of three calendar months after my death and that at the expiration of that time or at her death (whichever shall first happen her right of election if not previously exercised shall cease and subject to the aforesaid right of election I direct that the said dwelling house greenhouse stables coachhouse gardens and premises and the said orange and other trees plants and flowers shall form part of my residuary personal estate and if my said daughter shall elect to accept the bequest hereinbefore contained in lieu and full satisfaction and discharge of the said debt or sum of three thousand pounds and interest from the time of making such election then and in such case I exempt the several subjects of such bequest from the payment of my debts funeral and testamentary expenses and the interest legacies and annuities charged by my said will on my real and personal estate and effects I bequeath to my said daughter absolutely whether she shall or shall not accept the said bequest in discharge of the said debt of three thousand pounds and such interest as last aforesaid all the glass earthenware English china linen wines spirits beer cyder and other household stores of a consumable nature which may be in my said dwelling house at Hawthornden at my death and all such printed books therein as do not belong to the Widdicombe or Dartmouth libraries as she may select and all such part of the useful and ornamental real china therein at my death which did not formerly belong to Captain Eastabrooke as she my said daughter may select also the prints and drawings which may at my death be hanging on the walls of the rooms of the said houses (except the drawing of the ship Triton which ship was commanded by Captain Taylor and which drawing I wish to have preserved at Widdicombe also the large silver waiter with the Clarke arms quartered with my Arms the best silver teapot sugar basin and cream jug which match and which were a present from the late Mrs. Clarke (grandmother of my said daughter) and all other the household goods as well useful as ornamental which shall be in or about my said dwelling house or the outhouses thereof at the time of my death (except plate pictures and books not hereinbefore particularly mentioned and such articles of furniture as I have hereinafter given to my said daughter for her life only) also my horse carriage harness and saddlery also the sum of one hundred pounds to enable her to purchase such additional plate as will be necessary for her use I also bequeath unto my said daughter Eliza but for her life only such of my pictures (being portraits of my family or otherwise) in my said dwelling house called Hawthornden at my death as she shall select and the Japan cabinet in the drawing room of the same house I also bequeath to my said daughter for her life in the event of her accenting the bequest hereinbefore made to her in satisfaction of the said debt of three thousand pounds and interest from the time of making her election as aforesaid but not otherwise the black carved chair and marble table in the entrance hall of my said dwelling house called Hawthornden

And whereas by my said will I have bequeathed to my son Thomas Weston Eastabrooke Holdsworth now a Colonel in the Army a legacy of one thousand five hundred pounds and I have also thereby bequeathed to him during his life an annuity of fifty pounds to be paid quarterly as therein mentioned And whereas in the year eighteen hundred and fifty one I purchased for my said son Thomas Weston Eastabrooke Holdsworth (as or by way of gift or advancement) his promotion to the rank of Major in the 2nd or Queens Royal Regiment of Foot and I paid for the purpose of such promotion upwards of the sum of fifteen hundred pounds Now I do hereby revoke the said legacy of one thousand five hundred pounds so bequeathed to my said son Thomas by my said will but I confirm the said annuity of fifty pounds thereby given to him during his life and I give to my said son Thomas a legacy of five hundred pounds in addition to the benefit taken by him under my said will namely the said annuity I give to my son John Eastabrooke Holdsworth a legacy of five hundred pounds and whereas I have by my said will given to my daughter Catherine Henrietta Eastabrooke the wife of William Froude Esquire during her life an annuity of fifty pounds clear of legacy duty to be paid as therein expressed and I have directed that the said annuity shall be paid to my said daughter for her separate use and without power for her to anticipate the same and I have declared that her receipts alone and the receipts of no other person shall be conclusive discharges for the same annuity Now I hereby confirm the gift of the said annuity to my said daughter Catherine and the said direction for her separate use but I revoke the said restriction on her power of anticipation and declare she shall be at liberty to anticipate the same if and in such manner as she shall think fit And in all other respects I ratify and confirm my said will

In witness whereof I the said Arthur Howe Holdsworth the testator have to this codicil to my last will and testament subscribed my name this thirteenth day of May in the year of our Lord one thousand eight hundred and sixty.

A.H. Holdsworth. Signed by the above named Arthur Howe Holdsworth the testator as and for a codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have attested the same and subscribed our names as witnesses.

Signed by Preston Karslake of No. Regent Street London Solicitor as and for a codicil to the last will and testament of the said testator in his presence and by his direction in the presence of us present at the same time who at his request in his presence and in the presence of each other have attested the same and subscribed our names at witnesses,

J.D. Blake, M.D., Taunton.

William Gillow Surgeon Stapleton Torquay.

Certified correct,

D. M. Browning
Registrar


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