Last Will and Testament of John Bailey (1887)

475

Probate 1

of
The Last Will and Testament
of
John Bailey

No 4145

In the Supreme Court } Ecclesiastical
of Tasmania } Jurisdiction

Be it known unto to all men by these presents

That on the seventeenth day of November in the of our Lord one thousand eight hundred and ninety one the last Will and Testament of John Bailey late of Newick near Oatlands in the Colony of Tasmania Farmer deceased who died at Oatlands in Tasmania on or about the sixth day of October one thousand eight hundred and ninety one (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 Island of Tasmania and the dependencies thereof was and is hereby committed to Charles Ellis Davies of Hobart in Tasmania aforesaid and John Bailey heretofore the younger formerly of Lemons Hill near Oatlands a son of the said deceased two of the Executors in the said Will named (reserving ... ... to Henry Bailey of Parattah near Oatlands aforesaid) the other Executor in the said Will named ... sworn and author... ... hereafter to apply for and obtain Probate of the said Will and administration of the goods chattels rights credits and effects of the said deceased either firstly with the said Charles Ellis Davies and the said John Bailey or otherwise as the case may require) They the said Charles Ellis Davies and John Bailey 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 them And to make and exhibit unto this Honourable Court a true and perfect Inventory of all and every the goods chattels rights credits and effects of the said deceased on or before the seventeenth day of May now next ensuing and to render a just and true account of their executorship when they shall lawfully be called thereunto And further that they believe the goods chattels rights credits and effects of the said deceased at the time of his death did not exceed in value the sum of Three Hundred and Eighty Six Pounds in Tasmania and the dependencies thereof -

Given under my hand and the Seal of the
Supreme Court of Tasmania this eighth day of
December in the year of our Lord one thousand
eight hundred and ninety one

By the Court
G … Adams
Registrar

Seal of the Supreme Court
of Tasmania affixed

... ...
Proctor
… fos

476

This is the Last Will and Testament of me 2

John Bailey of Newick near Oatlands in the Colony of Tasmania Farmer After payment of all my just debts and funeral and testamentary Expenses I give devise and bequeath unto my wife Ann Bailey all my real and personal estate for her sole use and benefit during her lifetime After her death I devise to my son Henry all that part of my ... about forty (40) acres situated on the south side of the road leading to Oatlands I devise to my sons Samuel and Walter Bailey all that portion of land containing of about fifty (50) acres on the north East side of the road leading to Oatlands also the 34 acres 2 roods of land adjoining the homestead I devise to the said Walter and Samuel Bailey in equal shares. I bequeath to my said daughter Mary Ann Bailey her bedroom furniture and the legal right to occupy and use the two front rooms of the said homestead while she desires. I devise to my four children as above mentioned the homestead and buildings with about five (5) acres of land attached for their use and benefit. I bequeath to my said daughter and sons as above in equal shares all the stock and implements for their benefit. I authorise my said three sons and daughter to occupy and reside in my said homestead so long as they or either of them desire. In the event of any disagreement arising between any said children as above the stock to be sold or valued as may be mutually arranged so that the proceeds may be equally divided between them while the homestead may be leased to one or other of my said children as they may arrange amongst themselves or with my executors, but I do not wish the said property to be sold out of the family. In the event of death the said homestead and five acres to go to the survivor or survivors. And I hereby appoint Charles Ellis Davies of Hobart in Tasmania aforesaid and my sons John Bailey Junior of Lemons Hill near Oatlands and the said Henry Bailey of Parattah near Oatlands aforesaid trustees and Executors of this my Will In Witness whereof I have hereunto set my hand this twenty third day of May in the year of our Lord one thousand eight hundred and (eighty ?) seven - note - I hereby express a wish that my said children may live in amity and peace with each other

John Bailey

Signed by the said John Bailey the Testator and by him declared to be his last Will and Testament in presence of us present at the same time who in his presence at his request and in presence of each other have hereunto subscribed our names as witnesses - C. E. Davies - S. M. Davies