Transcribed by Judy Benson & Ivy Benoit. While we have endeavored to be as correct as humanly possible, there could be some typographical errors
Will of William Howorth from Newfoundland will books volume 4 pages 208 to 210 probate year 1882
This is the last will and testament of me William Howorth a Commander in Her Majesty’s Navy I appoint my brother the Reverend Robert Lewin Howorth Clerk and my brother-in-law George Broadrick Esquire executors and trustees of this my will and I declare that whenever hereinafter the words “my trustees or trustee” are used the same shall as the case may require be construed to mean the said Robert Lewin Howorth and George Broadrick or the survivor of them or the heirs executors or administrators of such survivor or their or his assigns I desire that all my just debts and funeral and testamentary expenses shall be paid I give and bequeath to my wife Jane Charlotte absolutely a legacy or sum of two hundred pounds and also all my furniture plate and plated articles household linen wearing apparel jewellery books prints pictures china glass consumable stores and other household effects (both indoor and outdoor) except nevertheless such specific articles as by any schedule or testamentary document to be signed by me and duly attested as by law required shall be therein otherwise disposed And I give devise and bequeath to the said Robert Lewin Howorth and George Broadrick their heirs executors administrators and assigns (according to the nature and tenure of the respective properties) all my real estate whatsoever and wheresoever situate and all other my personal estate and effects whatsoever upon trust that my trustees or trustee do and shall so soon as conveniently can be after my decease collect get in and receive all such parts thereof as shall consist of money or securities for money and sell and convert into money all such parts thereof as shall not so consist (and that either by public or private sale and generally in such manner as my trustees or trustee may deem expedient) and do and shall out of the monies thence respectively arising pay my debts and funeral and testamentary expenses and the legacy hereinbefore bequeathed and the costs incidental to the sale or sales and do and shall stand possessed of the then residue thereof upon trust to invest the same upon such securities as shall from time to time be authorized by law for the investment of trust monies and pay the dividends interest and income thereof unto my said wife and her assigns during her life And from and after her decease do and shall pay and divide the said dividends interest and income in equal proportions to and between such of my brothers and my sister Caroline Eade Howorth as shall be living at the decease of my said wife during the joint lives of all of them and upon the decease of each of them as and when each such event shall from time to time occur I declare that my trustees or trustee shall stand possessed of the capital of such sum as shall have represented the share upon which each such brother or sister so dying shall have been receiving the income during his or her life Upon trust for and to be equally divided between such of my step-children Margaret Annabel Aldworth and Herbert John Aldworth as shall be living at the period of the deaths of such brothers and sister as each such event occurs and the issue then living of such of them my said step children as shall be then dead such issue to take between them (if more than one) the share to which their his or her parent would have been entitled if then living And in case only one of such brothers and sister shall be living at the decease of my said wife the whole of the income of my residuary trust fund shall go to such one for his or her life
And after the decease of such one the whole of the capital of my residuary trust fund shall go to and be equally divided between such of my said two step children as shall be living at such decease and the issue then living of such of them my said step children as shall be then dead such issue to take between them (if more than one) the share to which their his or her parent would have been entitled if then living Provided always and I hereby declare that if at the period of the death of any of my said brothers and sister after the decease of my said wife neither of my said step children shall be living or shall have left issue then living then the share which they he or she or their his or her issue would have taken if living at such particular period shall go to and be equally divided between such of my said brothers and sisters as shall have survived my said wife absolutely And I expressly desire to record that my reason for my not making any provision for my sister Eliza Harriet Broadrick is that I consider she is otherwise well provided for
I give and devise to the said Robert Lewin Aldworth and George Broadrick their heirs and assigns all such real estate as now is or at the time of my decease shall be vested in me as a trustee or mortgagee in fee either in my own right or as an heir at law or otherwise according to my right title or interest therein respectively but nevertheless upon the same trusts and for the purposes for which the same is or shall be held by me And lastly revoking all former wills and testamentary dispositions I declare this to be my last In witness whereof I have signed my name at the foot or end hereof this eighteenth day of March one thousand eight hundred and seventy-six- William Howorth. Signed by the said William Howorth the testator as his last will and testament in the presence of us being present at the same time who at his request in his presence and in the presence of each other subscribe our names as witnesses- E. Wingate. Gunner H.M.S. Durham- John A. Eldred, Writer H.M.S. Durham.
Codicil to my will. In the event of any child being born to me and surviving I hereby recal the provisions of my will and bequeath all my property of every description to my child or children to be equally divided among them my wife to have the entire use and benefit of it for her life but in the event of my child or children dying before he she or they attain his her or their majority my will (to which this is a codicil) is to resume its force and this codicil will in such case be null and void Given under my hand on board Her Majesty’s Ship Durham at Sunderland this tenth day of November in the year of our Lord one thousand eight hundred and seventy-seven- W. Howorth, Commander R.N. Signed by the said W. Howorth the testator in our presence and who in our presence and in the presence of each other at the same time subscribe our names as witnesses. M. Connelly 2nd Captain Maintop H.M.S. Durham. G. Littlewood, Able Seaman, H.M.S. Durham.