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 433-436 probate year 1876.
Will of Clarissa Goss |
In re: CLARISSA GOSS DECEASED.
This is the last will and testament of me Clarissa Goss of Number 165 Camberwell Grove Camberwell in the County of Surrey Widow
In the first place I direct the payment of my just debts and funeral and testamentary expenses I give and bequeath to my faithful maidservant Clara Prosser the legacy or sum of fifty pounds free of legacy duty I give and bequeath to my two daughters Catherine Mary and Julia Charlotte all my domestic and household goods and stores furniture plate linen china pictures prints jewellery ornaments of the person chattels and effects for their absolute use but in case of either of them marrying it is my desire and intention that the other of them shall thereupon become entitled absolutely to the entirety thereof Nevertheless in case of both of them marrying or dying or one of them marrying and the other dying whilst either of my two youngest sons shall be living and under the age of twenty one years then I direct the said household goods furniture plate linen china pictures prints chattels and effects other than jewellery and ornaments of the person to be sold and the proceeds to be equally divided between such of my children as shall be living at the time appointed for such sale and as to the leasehold premises Number 3 East India Avenue Leadenhall street in the City of London and the premises connected therewith wherein the business of a Wine Merchant is now carried on by me and
the also the goodwill of the said business I give and bequeath the same respectively unto my two sons Walter Miller and George William in order that after my death such business may be carried on by them for their own use and benefit Provided nevertheless and I hereby declare that in case of the time of my death my said son George William shall be under the age of twenty one years the said business shall be carried on by my said son Walter Miller alone and for his own exclusive benefit until my said son George William shall attain the age of twenty one years whereupon the said business shall be carried on by my said two sons in partnership unless my said son George William shall decline such partnership in which case the said business shall belong to my said son Walter Miller alone for his own use and benefit And inasmuch as my said son Walter Miller is now assisting me in the said business will have gained greater experience therein then my said son George William I consider it would be but just and fair towards Walter Miller that he should for some years have and be entitled to a larger share than his brother in the profits arising from the said business and that it should therefore be left to a mutual friend or to mutual friends conversant with the business of a wine merchant to arrange between them in what proportions such profits should from time to time be divided taking into account all the circumstances of the case although I rely chiefly on the good and honorable feeling between my said two sons towards each other the maintenance of which I strongly impress upon them as well for their own welfare as for the benefit of my other children
I direct that immediately or as soon as may be after my death an account and valuation be taken and made of my capital in the said business and the stock in trade and effects and all other my worldly estate subject as aforesaid and that after payment of or provision for borrowed capital and of my funeral and testamentary expenses and the aforesaid legacy of fifty pounds the clear residue be divided into twenty four equal parts which I give and bequeath as follows that is to say To each of my three daughters Clarissa the wife of Alan Maclean Esquire and the said Catherine Mary and Julia five of such twenty four parts To my eldest son Henry John one of such twenty four parts To my son James Weston one of such twenty four parts To my said son Walter Miller two of such twenty four parts To my son Charles Frederick three of such twenty four parts and to my said son George William two of such twenty four parts But I declare that in case my said sons Charles Frederick and George William or either of them shall die under the age of twenty one years or if either of them or any of my other children shall die in my lifetime without leaving issue living at the time of my death his her or their share or respective shares as well original as accruing in such twenty four parts shall be divided among my other children and the lawful issue then living of any deceased child or children in proportion to the parts or shares hereinbefore given to them respectively and as hereinafter provided for Provided nevertheless and I hereby declare that in making such division as aforesaid all sums of money which I have from time to time advanced to or paid for my sons Henry John and James Weston and the particulars of which will be found debited to them respectively in the ledger kept at the Counting House shall be brought into account and be set off against or as the case may be taken in satisfaction of what they respectively may or otherwise would under this my will be entitled to And I hereby declare that all the benefits directly or otherwise derivable by any of my said daughters under or by virtue of this my will shall be for their respective sole and separate use independent of and so as not to be in anywise subject to the control interference debts or engagements of any husband but shall be settled in favour of each of my said daughters who at the time of my death may be married and her husband and issue in such way and manner as my executors shall in their free and unfettered discretion think proper And I declare that in case of the death in my lifetime of any of my said children leaving lawful issue living at my death such issue shall stand in the place of the deceased parent and be entitled to all the benefits which under this my will such deceased parent would if living have taken or been entitled to Provided nevertheless and I hereby expressly declare and direct that none of the capital which at the time of my death shall be in the said business shall be withdrawn therefrom by any of my children or any one claiming through or under them but that the same shall be allowed to remain indefinitely in the said business and that my son or sons carrying on the said business shall there out pay to the respective parties interested in such capital interest at the rate of five per centrum per annum by half yearly payments commencing from the day of my death with liberty for him or them to pay to such parties respectively any part of the capital to which they may respectively be entitled at such time or times and in such manner generally as my son or sons carrying on the said business hall think fit and I hereby declare that in case of any of my children directly or otherwise disputing or questioning this my will or anything herein contained he she or they shall forfeit all benefits thereunder and my said will shall be read and treated and the distribution of my estate made as if the name of such child or children were omitted therein or excluded therefrom it being my intention that none of my children who may dispute or question my said will shall either directly or otherwise derive or take any benefit whatever thereunder
And I hereby declare that all the provisions as far as they are or may be made applicable of the Statute passed in the session held in the twenty and third and twenty fourth years of the reign of Her present Majesty entitled “An Act for giving to Trustees Mortgagees and others certain powers now commonly inserted in Settlements Mortgages and Wills” shall be available for the purposes of this my will And I appoint my daughter Clarissa Maclean and her said husband Alan Maclean and the survivor of them guardians and guardian of my infant sons during their respective minorities And I appoint my brother Henry Howell of Thurlow House Brixton Rise in the County of Surrey Esquire my said son Walter Miller Goss and my son in law the said Alan Maclean Executors of this my will In witness whereof I hereto subscribe my name this seventeenth day of October one thousand eight hundred and seventy three.
Clarissa Goss. Signed published and declared by the said Clarissa Goss as and for her last will and testament in the presence of us who in her presence and in the presence of each other hereto subscribe our names as witnesses, Richard Haybittle, Esther Woodgate.
D. M. Browning
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