Last Will and Testament of James Byres (1908)

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No 8312

In the Supreme Court } 1
of Tasmania } Ecclesiastical Jurisdiction

Be it known unto all Men by these Presents

That on the twenty second day of December in the of our Lord one thousand nine hundred and ten the last Will and Testament of James Byers late of Tunnack in Tasmania Farmer deceased who died at Tunnack aforesaid on or about the seventeenth day of October one thousand nine hundred and ten (a true copy of which Will is hereunto annexed) was exhibited and proved before this Honourable Court and that administration of all and singular the goods chattels rights credits and effects of the said deceased within the State of Tasmania and the Dependencies thereof in the Commonwealth of Australia was and is hereby committed to Frederick Burbury of "Ashgrove" near Andover in Tasmania Pastoralist the sole executor in the said Will named He the said Frederick Burbury having been first sworn well and truly to perform the said Will by paying first the debts of the said deceased and then the legacies therein bequeathed so far as the estate shall thereunto extend and the Law bind him And to make and exhibit unto this Honourable Court a true and perfect Inventory of all and every the lands goods chattels rights credits and effects of the said deceased on or before the twenty second day of June now next ensuing And to render a just and true account of his executorship when he shall lawfully be called thereunto And further that he believes the lands goods chattels rights credits and effects of the said deceased at the time of his death did not exceed in value the sum of Five thousand one hundred and sixty two pounds in the said State of Tasmania and the Dependencies thereof -

Given under my hand and the Seal of the Supreme
Court of Tasmania this sixteenth day of February
one thousand nine hundred and eleven

By the Court Philip S Seager Registrar

Seal of the Supreme Court
of Tasmania affixed

C H Elleston & Son
for C Gibson
Proctor
… fos

 

 

 

 

 

 

This is the Last Will and Testament of me James Byers of Tunnack in the State of Tasmania Farmer I revoke all testamentary writings heretofore made by me and declare this to be my last Will I appoint Frederick Burbury of "Ashgrove" near Andover in Tasmania aforesaid to be sole Trustee and Executor of this my Will I devise all my real estate unto my Trustee upon trust to divide same equally between my four sons William Byers James Byers John Byers and Archibald Byers such said division to be mutually agreed upon between my said sons And in the event of them not agreeing within three months from the date of my death then Upon trust to sell same by public auction and to divide the proceeds from such said sale equally between my four sons before mentioned I give and bequeath all the stock farming implements carts drays harness on and about my said farm and lands to my trustees upon trust to divide same equally between my two sons John Byers and Archibald Byers such said division to be mutually agreed upon between my said two sons and in the event of them not agreeing within three months from the date of my death then Upon trust to sell same by public auction and to divide the proceeds from such said sale equally between my two sons John Byers and Archibald Byers I give and bequeath Fifty pounds to my daughter Margaret Zantuck wife of John Zantuck of Colebrook in Tasmania aforesaid I give and bequeath Fifty pounds to my son George Byers I give and bequeath all the residue of my personal estate not otherwise disposed to my Trustee upon trust first to pay my just debts funeral and testamentary expenses secondly to divide the residue between my -

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two sons John Byers and Archibald Byers in equal shares such paid last bequest being subject to said sons John Byers and Archibald Byers allowing my wife Janet Byers to reside in and have the use of the furniture where she now resides and to provide my said wife with all the necessaries she may require for and during her life In Witness whereof I have hereunto set my hand this nineth day of April one thousand nine hundred and eight - James Byers Signed by the Testator James Byers as his last Will in presence of us present at the same time who at his request in his sight and presence and in presence of each other hereunto subscribed our names as witnesses - Lucy Gibson - Clyde Gibson Solicitor Oatlands 2