In re: CATHERINE WYATT BROOKING DECEASED.

The will index gives the probate year, for this will, as 1880, but it is filed chronologically with wills from 1886.

This is the last will and testament of me Catherine Brooking formerly Catherine Wyatt Widow heretofore of No. 6 Saint James’s Square Notting Hill in the County of Middlesex but now of No. 34 Blenheim Crescent Notting Hill aforesaid again a widow I hereby revoke all and every wills and will and testamentary dispositions and disposition by me heretofore made I desire to be buried in the plainest and most simple manner I appoint my friends Thomas Frederick Sorel of Shesham Place Belgrave Square in the County of Middlesex Esquire Frederick Bowker Terrington Carter of Saint John’s Newfoundland Q.C. Her Majesty’s Attorney General there and Thomas Tucker Bennett of Queens Square Bristol Esquire executor and trustees of this my will

Whereas my first husband John Wyatt deceased by his will bearing date the sixth day of September one thousand eight hundred and forty one and proved in the Prerogative Court of the Archbishop of Canterbury in the month of April one thousand eight hundred and forty seven gave devised and bequeathed (after my death) unto such of his children as should survive me or their issue at such time or times in such manner or form and in such shares and proportions equal or unequal and for such estate and estates as I by my last will and testament in writing should direct or appoint all his lands tenements hereditaments and premises and all other his real estate whatsoever or wheresoever situate and also all such personal estate and effects of his as might be undisposed of or unappropriated at the time of my decease And whereas no part of my said first husband’s personal estate remains undisposed of and the only lands tenements hereditaments or real estate of or to which my said first husband was seized or entitled at the time of his death consisted of the lands tenements storehouses buildings wharves and premises known by the name of Wyatt’s Plantation situate on the south side of Water Street in Saint John’s Newfoundland aforesaid and the appurtenances now held under a lease bearing date the twenty third day of February one thousand eight hundred and fifty nine granted by me and the children of my marriage with the said late John Wyatt to Thomas Holdsworth Brooking and George Thomas Brooking for a term of nine hundred and ninety-nine years at the yearly rent of one hundred and twenty-five pounds Now I do hereby confirm the said lease and do direct that the same shall be confirmed by all the persons claiming under this my will And in exercise and execution of the power or authority for this purpose vested in me by the said recited will and of every or any other power or authority in any wise enabling me in this behalf I do hereby appoint devise and bequeath the said plantation and hereditaments called Wyatt’s plantation and the appurtenances thereto (subject to the said lease) and all other real and personal estate (if any) hereinafter referred to as "the said trust estate" over which I have a power of appointment or disposition under the said recited will or otherwise howsoever unto my said hereinbefore named trustees their heirs executors administrators and assigns according to the nature and quality thereof respectively to be held by them upon the trusts following (that is to say) As to fifty equal undivided one hundred and twenty-fifth parts or shares thereof (the whole into one hundred and twenty five equal parts to be considered as divided) Upon trust for my daughter Sarah Eliza the wife of William Keane her heirs executors administrators and assigns absolutely for her sole and separate use and benefit and to be at her own disposal independently of her present or any future husband and of his debts control contracts and engagements and for which her receipt alone shall be a good discharge

As to forty other equal undivided one hundred and twenty-fifth parts or shares thereof Upon trust for the child if only one or all the children if more than one of my late son Francis John Brooking Wyatt who shall survive me and who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall either attain that age or be married and if more than one such in equal shares as tenants in common

And as to the remaining thirty-five one hundred and twenty-fifth parts or shares thereof Upon trust for my grandson John son of my late son Frederick Joseph Wyatt absolutely But if my said grandson John Wyatt shall die in my lifetime then I direct that those thirty-five one hundred and twenty-fifth parts or shares shall be held upon trust for the child if only one or all the children if more than one of my said grandson John who being a son or sons shall attain the age of twenty-one years or being a daughter or daughters shall either attain that age or be married and if more than one such in equal shares as tenants in common But if there shall be no such child of my said grandson John then I direct that the said thirty-five one hundred and twenty-fifth parts or shares shall be held Upon trust as to twenty of those thirty-five parts or shares for the said child or children of my said late son Francis John Brooking Wyatt in the same manner in all respects as is hereinbefore declared with respect to the forty one hundred and twenty fifth parts or shares hereinbefore bequeathed

And as to the remaining fifteen of the said thirty-five parts or shares the same to be Upon trust for the said Sarah Eliza Keane and to be made over or paid to her for her separate use and benefit in the same manner as hereinbefore directed with reference to her aforesaid fifty one hundred and twenty-fifth parts or shares

I bequeath all my plate to my said grandson John Wyatt And subject as aforesaid I give devise and bequeath all my plated articles and all other the real and personal estate which I shall be entitled to at the time of my decease or which by virtue of any power or authority I am competent to dispose of (subject nevertheless to the payment of my funeral and testamentary expenses and also of my debts including the sum of twenty pounds advanced to me by my said late son Frederick Joseph Wyatt unto my niece Catherine the widow of my said late son Francis John Brooking Wyatt and to my said daughter Sarah Eliza Keane in equal shares and proportions as tenants in common The share of the said Sarah Eliza Keane to be paid into her hands or made over to her for her sole and separate use and benefit and to be at her own disposal independently of her present or any future husband and of his debts control contracts and engagements and for which her receipts or receipt alone shall be good discharges or a good discharge

And I will and declare that it shall be lawful for my said trustee or trustee notwithstanding any trusts hereinbefore contained to the contrary to sell and convert into money my said real and personal estate and also the said trust estate at such times and in such manner as my said trustees or trustee may in their or his absolute discretion think proper and generally to act in the letting and management of my said estate and the said trust estate or any parts or part thereof as if they or he were the absolute beneficial owners or owner of the same But if my said trustees or trustee shall sell the said trust estate I will and direct that they or he shall stand possessed of the net proceeds thereof upon such trusts as will best or nearest correspond with or to the trusts hereinbefore declared of the same trust estate And I also will and declare that my said trustees or trustee may at their or his discretion invest any moneys representing my said estate or the said trust estate or any parts or part thereof in or upon the stocks funds or securities of any Government whether British Foreign or Colonial or in or upon the shares or stocks (whether preference ordinary or guaranteed) debentures or debenture stocks or stock of any Railway Company or Companies in Great Britain Ireland or India and may at their or his discretion pay or apply the income of any minors shares or share (whether vested or contingent) under this my will for their his or her maintenance education or benefit

And I further will and declare that the clauses of this my will so far as they respectively concern my trustees hereinbefore named shall extend and apply to the trustees or trustee for the time being (howsoever constituted) of this my will And also that the said Frederick Bowker Terrington Carter shall be entitled to receive and be allowed out of the said trust and other estate the usual professional charges for all business that may be transacted by him concerning the said trust or other estate notwithstanding his being an executor and trustee of this my will

In witness whereof I the said testatrix Catherine Brooking have signed my name at the foot or end of each sheet of this my will contained in four sheets of paper this nineteenth day of February in the year of our Lord one thousand eight hundred and seventy-six- C. Brooking- Signed by the said testatrix Catherine Brooking as and for and declared by her to be her last will and testament in the presence of us being both present at the same time and attesting and subscribing the same in her presence and in the presence of each other at her request- Frans Christian Kroger Hepburn 75 Blenheim Crescent Notting Hill W. Retired Merchant- William Bartholomew Lansdowne House Ladbroke Grove Notting Hill W. Solicitor.

This is a codicil to the last will and testament of me Catherine Brooking of No. 9 Pyrland Road Richmond Surrey Widow and which will bears date the nineteenth day of February one thousand eight hundred and seventy-six Whereas I have in and by my said will appointed devised and bequeathed my plantation and hereditaments called Wyatt’s Plantation and the appurtenances thereto (subject to the lease in my said will mentioned) and all other my real and personal estate whatsoever and which is in the said will thereinafter referred to as "the said trust estate") unto the trustees in my said will named their heirs executors administrators and assigns to be held by them upon certain trusts (the whole being considered as divided into one hundred and twenty-five equal parts) as to thirty-five one hundred and twenty-fifth parts or shares thereof Upon trust for my grandson John son of my late son Frederick Joseph Wyatt absolutely but if my said grandson John Wyatt should die in my lifetime then I directed that those thirty-five one hundred and twenty-fifth parts or shares should be held upon trust for the child if only one or all the children if more than one of my said grandson John who being a son or sons should attain the age of twenty-one years or being a daughter or daughters should either attain that age or be married and if more than one such child in equal shares as tenants in common but if there should be no such child of my said grandson John then I appointed and directed certain gifts over of his said share in favor of the child or children of my late son Francis John Brooking Wyatt and to and for the separate use of my daughter Sarah Eliza Keane now I do hereby declare this to be a codicil to my said will and I do hereby revoke the appointment and bequest over of the said thirty-five one hundred and twenty fifth parts or shares of my said grandson John in case there shall be no such child of my grandson John in case there shall be no such child of my grandson in favor of the child or children of my late son Francis John Brooking Wyatt and in and for the separate use of my daughter Sarah Eliza Keane but not the appointment to my said grandson personally and his child or children

And whereas at the date of this codicil I am absolutely entitled to three hundred and fifty pounds stock of the five pounds per cent funded debt of the United States of America which I direct shall not be dealt with as part of my general estate bequeathed by my said will but direct my executors named in my said will to sell the said stock and out of the proceeds thereof after payment of my funeral expenses to pay the following legacies free of duty