The Irish Bomfords

Will of the Reverend Roger North

In the High Court of Justice in Ireland
Kings Bench Division (Probate)
The Principal Registry

Be it known that [black blob] Roger North late of Quimsholme Ipswich in the Colony of Queensland, Clerk in Holy Orders, deceased, who died on or about the 19th day of March 1895, at same place, made and duly executed his last Will, a copy of which is hereunto annexed and did therein name as Executors Francis Jeremy North and Pollet Loftus Cardew

and be it further known that on the 6th day of November 1906 Letters of Administration (with the said Will annexed) all of the personal estate of the said deceased were granted by the aforesaid court to William Grove White and Richard Blair White both of No 13 Upper Ormond Quay in the City of Dublin, solicitors, the Attorneys lawfully app [edge of copy - appointed by?] the said Francis Jeremy North and Pollet Loftus Cardew for their use and benefit and until they shall apply for and obtain Probate of the said Will but no further or otherwise - the said William Grove White and Richard Blair White he having previously been sworn well and faithfully to administer the same according to the tenor of the said Will.  And it is ... [etc: estate duty of 10 shillings]

[signed] Registrar [seal]

This is the last will and testament of me Roger North of Queensholme near Ipswich in the Colony of Queensland Clerk in Holy Orders[.]  I revoke all wills heretofore made by me[.]  I appoint my son Francis Jeremy North of Bundaberg in the Colony aforesaid licenced surveyor and Pollet Loftus Cardew of Ipswich aforesaid Solicitor as Executors and Trustees of this my will [.]  I give and bequeath all my household furniture and effects and cattle and horses which shall be at or about my residence at Queensholme aforesaid at the time of my death (save and except my buggy and harness and bay horse) to my wife Ellen North absolutely[.]  I give devise and bequeath all my real estate and property and the rest and residue and remainder of my personal property and effects and things whatsoever and wheresoever the same may be whether in the Colony of Queensland

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elswhere and including my estate right title and interest whether the same be in possession remainder or expectancy of and in the whole or a moiety of or any part of the lands of Kilduff in the Kings County in Ireland and also of or in the whole or a moiety of any part of the lands of Garryduffe in the County of Westmeath in Ireland aforesaid[,]  Unto the said Francis Jeremy North and Pollet Loftus Cardew (hereinafter called my said trustees) their heirs executors and administrators and assigns to the uses upon the trusts and to and for the ends in-tents and purposes hereinafter expressed and declared of and concerning the same that is to say Upon Trust as soon as conveniently may be after my decease for my said Trustees so sell dispose of and convert into money all such parts of my said real estate and property and residuary personal property as

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not consist of money and to call in and collect all belonging or owing to me at my decease[.]  And I ??ise my said trustees at discretion in the exercise of ??? of sale hereinbefore contained to sell either by public ?? or private contract or by both such modes of sale and ?for cash or upon credit or partly for cash and partly ??? credit and subject or not to any conditions of sale and on ??erms in all respects as they shall see fit.  And to buy in ???? or vary any contract for sale and to resell without being ????ible for any difference in prices of [sic] other loss[.]  And I expressly ???ver my said Trustees to suspend for such time or times [edge of copy] shall deem expedient the sale conversion or getting [edge of copy]

Geo. R Wilson - Sam H Hunter - (1) Roger North. 

???? said real and residuary personal property or of any [bottom of copy]

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parts thereof respectively[.]  And during the period of such ????son to order and manage my said property and to ???? any lands of mine[.]  And I declare that my said Trustees ???? and be possessed of the moneys to be produced and ???? from such sale deposition and conversion into ???? of such part of my said real estate and property and ???? any personal property as shall not consist at ???? of my death also of the ready money of which I shall ???sessed or entitled to at the time of my death and also ???? moneys that my said Trustees shall receive from the ??? uses and profits of such part or parts of my said ???? ??? and property and the residuary personal property ???? shall from time to time be unsold and unconverted ????inafter called "the said trust moneys")[.]  Upon trus????  [bottom of copy]

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to invest the said trust moneys in the name of my said Trustees at interest upon the security of Government debentures stocks funds and securities or upon fixed deposits ???? any Bank with power to my said Trustees to alter vary ???? transpose such investments at discretion[.]  And I direct my Trustees to pay out of the interest income and produce of ???? investments of the said trust moneys to my said wife Ellen North the sum of two hundred pounds a year by such quarter??? payments during her life and widowhood the first of such payments to be made immediately after my death for wh??? payments my said Trustees shall receive my said wife's ???? receipts and she shall out of such annual allowance main???? and educate such of my daughters by her as shall for the ????? [bottom of copy]

being be unmarried[.]  And I further direct my said Trustees

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allow the residue of such interest income and produce ?????last[?] until the death or marriage again of my said wife.  ????? such interest income and produce shall be insufficient to ???? the said annual sum to my said wife then I direct my Trustees to resort to the capital of the said moneys to ??? ??? any such insufficiency[.] And immediately after she d?? or marriage again of my said wife whichever event shall f???? happen I direct my said Trustees to complete the sale conversion and collection of my said real estate and property and  resid??? personal property selling any part or parts thereof w???? shall then be unsold and unconverted by the ^same ways and means and upon the same terms and conditions but with ?? powers of suspension of sale and conversion as are ???? [bottom of copy]

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?uch shall hereinafter be

witnessed ??? R Wilson Sam H Hunter [(2)] Roger North

construed to include all moneys which my Trustees shall receive from the sale and conversion and [black smudge] ??on after the death or marriage again of my said wife of ? part of my said real and residuary personal property of the investments and securities thereof and the income ? accumulations of income thereof) Upon trust to pay there the sum of Fifty pounds to each the said Francis Jeremy North the said Polett Loftus Cardew[.]  And as to the residue and re-mainder of the said trust moneys to hold the same Upon trust ?? my two daughters and three sons namely Sarah Elisabeth ??st wife of Alexander Charles Grant of Brisbane in the Colony aforesaid Ellen North (spinster) William Roger North the said Francis Jeremy North and Henry Marsh North absolutely share [bottom of copy]

share ???? ???? is a one fifth share each[;] But in case

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 ??? of my said two daughters and three sons shall die before ?? said wifes death or marriage again and before my death ???on I direct my said Trustees to hold the share and interest which such son or daughter would have been entitled had ??? he been living after my death and the death or marriage ??ain of my said wife In trust for such person or persons who ?ach be until ?? under the Statute for the distribution of th?? ????? of Intestates to the personal property of such deceased daughter or son if she or he had died intestate[.]  Provided nevertheless that if either of my sons the said William Roger ?? Francis Jeremy North or Henry Marsh North shall be ??? my death or the death or marriage again of my said wife ?????? ?????? or otherwise dispose of his share or interest

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under this my will or in the said trust moneys or shall be insol??? or liquidate his estate by arrangement or do pes?? suffer any act process or default or any act matter or ??? happen whereby or by means whereof but for this provi??? said share and interest would become wholly or partly in or charged for the benefit of any other person or persons and in such case the trust[?] hereinbefore declared in fav???? sons shall cease in which case I declare that my said ??? shall and I accordingly direct them to hold such share ????terest hereunder of such son In trust for his wife if she ??? and if she shall be then dead In trust for his child or ?? more than one in equally share alike[.]  I declare any taking[?] ?????? [black smudge] any share or interest under this my w??? ??? take the same for her own sole use and benefit and free f??? debts interference or control of any husband

witnesses Geal??? Sam H Hunter (3) Roger North

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of hers[.]  I empower my said ??? to invest any trust moneys in their homes[?] not immedia??? ???able under this my will at interest by depositing the sum ??? interest at fixed deposit at any bank in Queensland an? ??? and vary such investment into or for others of a like nat??? ???? discretion And I empower my said Trustees during the o??? ???? of any person entitled or presumptively or contingently e???? ???? any money property share or interest under this my will ??? the whole or any part or parts of the annual produce and ???? of such money property share of interest in or towards th?? ???? and education of such minor or otherwise for his or her b???? ??? advantage[.] And to accumulate any surplus income as ??? ???? [bottom of copy] ????such maintenance

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I direct and declare that in case the said Francis Jeremy North Polett Loftus Cardew or either of them or any trustee or Trustees ???ated under this present provision shall die or become ??? or unable to act in the aforesaid trusts before the same ???? fully performed then in every such case it shall be law ??? ?he surviving or acting trustee or trustees for the time being ???? ?y will of if there be none such for the unwilling trustee or ???? in case all the trustees shall have departed this life then ???? ??ecutors or administrators of the last surviving trustee to ~ ???? any fit person or persons to supply the place or places of ???? or trustees so dying or becoming unwilling or unable ???? aforesaid and that immediately after such nomination ????? trust premises shall be conveyed and transferred[?] so and ???? manner as the same may vest in the surviving ^ or continuing trustees or ????ed in such new trustees or trustee or in such new trustees

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??? solely as the case may require and such trustee or trustees ??? entitled to use and exercise the same powers and authorities ??? ?n to the said trusts as if he or they had been appointed ??? ?s trustees by this my will though the trust property be not ????ed in him or them[.]  And also that my said trustees shall ???? out of the trust premises reimburse themselves and allow ???? trustee all costs and expenses which they respectively ???ur on account of the trusts or powers aforesaid or the manage???? ???? ?xecution thereof or otherwise relating thereto and part ???? ???? that it shall be lawful for any of my said trustees and ???? who may be a solicitor to transact any business occasioned ???? ???sts powers or provisions of this my will or otherwise connected[?] ?????

???sses George R Wilson - Sam H Hunter (4) Roger North

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??? the getting in or management of my estate or effects whether su?? business be usually within the business of a solicitor or not and the shall be allowed to make the usual professional or other proper and reasonable charges for all business done and time expended ?? relation thereto notwithstanding his being a trustee or executor or any maxim to the contrary[.]  I declare that whenever the words ?? said Trustees" occur in this my will the same shall apply and to ???? heirs executors and administrators of such survivor of them or the trus??? ???? or trustee for the time being of this my will[.]  I desire to state I do not give my son Charles Roger North any share or benef?? under this my will solely because he is to receive certain benef??? under my Marriage Settlement[.]  In witness whereof I have hereunto set my hand this fourteenth day ^day of November in the y??? of our Lord one thousand and eight hundred and ninety three --- Roger North--- Signed by the said testator the said Roger Nor?? ??? as and as and for his last will and testament in the presence of us b??? being present at the same time who at his request in his prese?? and in the presence of each other have hereunto subscribed our names as witnesses - George R Wilson, Ipswich - Sam H Hunter, Ipswich -

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(EN emails 21 &30 Apr & 1 May 2008)