This article was taken from the Grand Banks Web site
Will of Martha Ann Keen
from
Newfoundland will books volume 3 pages 106 to 111 probate year 1869
In re
Martha Ann Keen
deceased.
This is the last will and testament
of me
Martha Ann Keen of Teignmouth in the County of
Devon Spinster I appoint
George Frederick Truscott
of the City of Exeter, Esquire, to be trustee of my will and I
appoint the said
George Frederick Truscott to be
executor and my dear friend
Emma Hallett Comyns
(daughter of the late
Reverend John Comyns of Wood
in the Parish of Bishopsteignton in the said County of Devon) to be
executrix of my will I bequeath all my clothes and my china pictures
prints and books not hereinafter specifically bequeath unto my dear
friend the said
Emma Hallett Comyns absolutely I
devise to my dear first cousin
Elizabeth Heath Tucker
of the Retreat in the Parish of Dewlish in the said County of Devon
Spinster a yearly rent charge of Eighty Pounds sterling for her life
the said yearly rent charge of eighty pounds to be charged upon and
issuing out of all the messuages lands hereditaments and premises
situate at Saint John’s Harbour Grace Greenspond and Bonavista in
the Island of Newfoundland to which I shall be entitled at my decease
(two undivided third parts or shares of the said messuages lands
hereditaments and premises belonging to me and one third part or
share belonging to
Mrs. Mary Ann Heath) and to be
payable half yearly without deduction I direct that the first half
yearly payment of the said yearly rent charge of eighty pounds shall
be made at the end of six calendar months computed from my decease
and that a proportionate part of such yearly rent charge shall be
paid up to the determination thereof And I empower the said
Elizabeth
Heath Tucker by distress and also by entry upon and
perception of the rents and profits of my said hereditaments and
premises to recover payment of the said rent charge when in arrear
for twenty one days- I devise and bequeath all the said messuages
lands hereditaments and premises situate at Saint John’s Harbour
Grace Greenspond and Bonavista in the said Island of Newfoundland to
which I shall be entitled at my decease (the undivided parts or share
thereof being my property and the other one undivided part or share
thereof belonging to
Mrs. Mary Ann Heath) subject to
the said rent charge hereinbefore devised to the said
Elizabeth
Heath Tucker for her life unto and to the use of the said
George Frederick Truscott his executors
administrators and assigns during the life of
Lucy Mary
Joseph Beddek (great granddaughter of my late first cousin
Commander Thomas Arscott R.N. the wife of
Christopher Hellyer Beddek Captain in the Second
European Regiment in the Madses Presidency upon trust to preserve the
contingent remainders hereinafter limited and also upon the trusts
following namely Upon trust to pay and apply the rents and profits of
the said messuages lands hereditaments and premises (subject to the
same rent charge hereinbefore devised to the said
Elizabeth
Heath Tucker for her life) as and when the same shall become
due and not by way of anticipation into the hands of the said
Lucy
Mary Josephine Beddek for her separate use during her life
independently of her present or any future husband and for which
rents and profits her receipts alone shall be discharges to my said
Trustee And I empower the said
Lucy Mary Josephine Beddek
to grant leases of my said messuages lands hereditaments and premises
of any part or parts thereof for any term or terms of years not
exceeding thirty years in possession at the best rent and without
taking any fine or premium And after the decease of the said
Lucy
Mary Josephine Beddek I devise and bequeath the same
messuages lands hereditaments and premises To the use of her child if
only one or of her children in equal shares if more than one in fee
simple with cross-executory limitations of the shares original and
accruing of each of the same children in the event of his or her
dying under the age of twenty one years to the use of the others in
equal shares and the other in fee simple with a limitation over of
the entirety in the event of there being no child of the said
Lucy
Mary Josephine Beddek or no such child who shall attain the
said age to such persons for such estates and generally in such
manner as the said
Lucy Mary Josephine Beddek by her
last will shall appoint And in default of such appointment I devise
the same unto and to the use of the said
Lucy Mary Josephine
Beddek her heirs executors administrators and assigns
I give and bequeath the legacies
following, namely, To Margaretta Cookesley the
daughter of my first cousin Jane Keen Cookesley
(widow of the late Reverend Doctor Cookesley
deceased) one hundred pounds sterling To the said Emma
Hallett Comyns One hundred pounds sterling free of legacy
duty and to her sister Maria Lear Abbot Fifty pounds
sterling as a trifling remembrance of their affection for me To my
friend Charles Henry Philip Abbot my India China
dinner set To the said Elizabeth Heath Tucker twenty
pounds sterling To my friend the said George Frederick
Truscott one hundred pounds sterling free of legacy duty To
dear Miss Fanny Wynell Mayow of Sydenham in the
County of Kent my silver coffee pot and little silver waiter as a
very trifling remembrance of the gratitude which I have ever felt for
the great kindness of her late excellent father Mayow Wynell
Mayow Esquire in settling my beloved mother’s property To
my kind and excellent friend Mrs. Rachel Savage wife
of John Savage of Grosvenor House Bath Esquire my
silver sugar basin To my dear friend Mrs. Mary Parish
of Timsbury near Bath Widow of Captain Parish R.N.
my silver Asparagus holder To dear Penelope Elizabeth Lane
(daughter of the late Reverend Richard Lane of
Cofflect Ten pounds sterling and twelve silver forks as a small
remembrance of the kindness which I received for years from her
father’s family To the said Lucy Mary Josephine Beddek
my diamond ring To her husband Christopher Hellyer Beddek
Captain in the Second European Regiment in the Madras Presidency
(great grandson of the late Thomas Arscott Commander
R.N. twenty pounds sterling my large silver waiter and Mant’s Bible
To my late Faithful servant Eleanor Gorwell who
lived with me many years at Den Cottage and was then called
Murch Ten pounds sterling To Mrs. Fanny
Raleign (who lived so many years with my aunt Arscott)
or if she shall die in my lifetime then to her niece Eliza
Hindom Five pounds sterling to Charlotte Anson
Cartwright daughter of the late William Cartwright
Esquire Five pounds sterling to purchase a ring or a brooch
as a little remembrance for her kindness to me To her sister Martha
Cartwright Five pounds sterling to purchase a ring or brooch
To Mrs. Eleanor Meer of Tapley Cottage (from whom
for many years I have always experienced the kindest attention)
Thirty pounds free of legacy duty my household furniture (but not my
plate jewels trinkets china pictures prints books workboxes baskets
and ornaments of the person bed and table linen) and Four pounds to
buy mourning To her husband Mr. Thomas Meer five
pounds sterling To my kind friend Georgina Forbes of
80 Sloane Street Chelsea my large album the book of Mr.
McNeiles sermons which she sent to me at her aunt’s death
and five pounds sterling to purchase a ring to Sarah Ann
Leigh of Timsbury near Bath, Spinster, Five pounds sterling
to purchase a ring or brooch as a little remembrance To her sister
Harriet Mary Leigh five pounds sterling to purchase
a ring or brooch To Miss Emma Lee daughter of
William Lee Esquire of 7 Alexander Buildings Bath
ten pounds sterling to Miss Maria Sophia Oakley Attlay
ten pounds sterling To the Reverend Frederick Henry Tucker
fifty pounds sterling To the son and two daughters of the late Mr.
James Arscott (son the late Captain Arscott R.N.
twenty five pounds sterling each To Miss Ann Mozley
of the Friary Derby and her sisters Maria Fanny and
Elizabeth Five pounds sterling each for a little
remembrance To Mrs. Arthur Boodle sister of the Miss
Leighs five pounds sterling To Mrs. James Saunders
of Week Saint Mary five pounds sterling for a little remembrance and
the net covering which she sent to me of her dear mother’s To Mrs.
John Mitchell two pounds sterling To Mrs. Mary
Pepperell wife of Philip Pepperell of Brook
Street West Teignmouth Five pounds sterling To Miss Ann
Underhill of East Teignmouth Five pounds sterling To Mrs.
Emma Lear Chelwith ten pounds sterling and my gold watch To
Miss Mary Emma Young of Landscore Villas for a
little remembrance Five pounds sterling and my gold chain and
eye-glass To the Reverend Joseph Birch to be
distributed at his discretion amongst such poor persons as he shall
select ten pounds sterling To my friend William Risdon Hall
Jordan ten pounds sterling To the Treasurer for the time
being of Teignmouth Infirmary in aid of that Institution Ten pounds
sterling for which the receipt of such Treasurer shall be a
sufficient discharge To Miss Kate Tongue three
pounds sterling for a little remembrance To Miss Sydney
Tongue Three pounds sterling and to Miss Katherine
Mockler three pounds sterling and two pounds sterling to
Fanny Dymond if she should be living with Mrs.
Meer at the time of my death and one pound sterling to buy
mourning To Eliza Underhill five pounds sterling To
Mrs. Lucy Phillips late of Landus Cornwall Widow
Five pounds To the said Ena Hallett Comyns the
residue of my plate not herein specifically bequeathed and my bed and
table linen
And I direct my executors to deliver
the specific legacies aforesaid within one calendar month after my
decease and to pay the said pecuniary legacies within six calendar
months next after my decease or sooner if they shall think fit And I
declare that such of the pecuniary legacies hereinbefore bequeathed
as shall lapse or fail by the deaths of legatees in my lifetime or
otherwise shall sink into the residue of my personal estate I direct
the legacies of such of the said pecuniary legatees as at the time of
the actual payment thereof respectively shall be married women to be
paid into their respective proper hands in order that the same be
enjoyed and disposed of as their separate property free from marital
control and for which legacies their respective receipts shall be
discharges As to the residue of my personal estate I bequeath the
same to the said George Frederick Truscott and Emma
Hallett Comyns subject to the payment thereout of my funeral
and testamentary expenses and debts and the legacies bequeathed in
this my will upon trust for the said Lucy Mary Josephine
Beddek to be enjoyed and disposed of by her as her separate
property free from marital control and her receipts to be sufficient
discharges for the same.
I devise unto and to the use of the
said George Frederick Truscott all the real estate
which at my decease may be vested in me as mortgagee or Trustee
subject to the equities affecting the same respectively I declare
that the receipts of my trustee for any money to be paid to him in
that character shall exonerate the person paying the same from all
liability in respect of the application thereof I declare that so
often as any trustee herein named or to be appointed under this power
shall die or disclaim or desire to be discharged or become unable to
act it shall be lawful for the trustee for the time being competent
to act (whether disclaiming or desirous of being discharge or not) or
if there shall be no such Trustee then for the executors or
administrators of the deceased Trustee or any of them to appoint a
fit person or persons to succeed to the office of the deceased
refusing incapacitated or discharged trustee and by force of every
such appointment as aforesaid all the authorities and discretions
given or expressed to be given to the deceased refusing incapacitated
or discharged trustee shall be conferred upon the appointed trustee
or trustees in whom my trust property shall best or by proper
assurances be vested. I declare that the trustee or trustees for the
time being of my will shall be responsible only for their or his won
respective acts defaults and receipts and be exempt from liability
for involuntary losses and be at liberty to deduct and allow all
expenses incident to the execution of the trusts of my will Lastly I
revoke all other testamentary dispositions
In witness whereof I have hereunder
set my hand and I have also set my hand to each of the five preceding
sheets of this my will this sixth day of December in the year of our
Lord one thousand eight hundred and sixty five-
Martha Ann Keen -
Signed by the said testatrix Martha Ann Keen as her
last will and testament in the presence of us present at the same
time who at her request in her presence and in the presence of each
other have subscribed our names as witnesses- Mark Leedar-
Henry Endscott, Clerks to Mr. W. R. Hall Jordan
Solicitor, Teignmouth.
This is a codicil to the last will
and testament of me Martha Ann Keen of Teignmouth in
the County of Devon Spinster which will bears date the sixth day of
December in the year of our Lord one thousand eight hundred and sixty
five Whereas by my said will I have bequeathed to Maria Lear
Abbot Fifty pounds sterling, to my friend Charles
Henry Philip Abbot my India china dinner set, to Miss
Ann Underhill of east Teignmouth five pounds sterling, and
to Fanny Dymond two pounds sterling and one pound
sterling to buy mourning now I revoke the hereinbefore mentioned
bequests and I give and bequeath to the said Maria Lear Abbot
my India china dinner set and the legacy or sum of one hundred pounds
sterling for her sole and separate use and to be received enjoyed and
disposed of by her as her separate estate without the control or
interference of her husband and her receipt to be notwithstanding
coverture and effectual discharge for the same And I give and
bequeath to the said Fanny Dymond five pounds
sterling and I confirm my said will in all other respects. In witness
whereof I have hereunder set my hand this twenty fifth day of July in
the year of our Lord one thousand eight hundred and sixty six.
Martha Ann Keen-
Signed by the said testatrix Martha Ann Keen as and
for a codicil to her last will and testament in the presence of us
present at the same time who at her request in her presence and in
the presence of each other have subscribed our names as witnesses-
Henry Endacott- Mark Leader.
This is a second codicil to the last
will and testament of me Martha Ann Keen of
Teignmouth in the County of Devon Spinster which will bears date the
sixth day of December in the year of our Lord one thousand eight
hundred and sixty five Whereas by my said will I have bequeathed to
the two daughters of the late Mr. James Arscott (son
of the late Captain Arscott R.N.) twenty five pounds
sterling each and whereas one of them has since died now I revoke the
hereinbefore mentioned bequest And I give and bequeath to Sophia
Mary Arscott (the surviving daughter of the late Mr.
James Arscott) the sum of fifty pounds sterling And I
confirm my said will and the former codicil thereto dated the twenty
fifth day of July in the year of our Lord one thousand eight hundred
and sixty six in all other respects. In witness whereof I have
hereunder set my hand this twenty eighth day of December in the year
of our Lord one thousand eight hundred and sixty six.
M. Ann Keen - Signed
by the said testatrix Martha Ann Keen as and for a
codicil to her last will and testament in the presence of us present
at the same time who at her request in her presence and in the
presence of each other have subscribed our names as witnesses - Henry
Endacott- Mark Leader.
Certified correct,
D. M.
Browning
Registrar
Influence of Absentee Landlords relating to Martha Ann Keens Estate.
These agents, such as Thomas Bulley Job who, in 1852 represented the
estate belonging to Martha Ann Kean of East Teignmouth, County of
Devon in England, (2) were also responsible for the collection of
ground rents from leaseholders. The amount of annual ground rents the
absentees received from their St. John's properties is not known, but
according to an 1882 report of the legislature on land tenure in St.
John's, they earned annually $65,610 from the rental of land on the
south side of Water Street alone. (3) Government leaders of the day
estimated the total at between one and two hundred thousand dollars
for all of St. John's. (4) What is not clear is the extent to which,
especially in the area above Water Street, agents merely acted on
behalf of the absentees, or to which the agents themselves acquired
land on which to build. Since they were often prominent merchants and
lawyers, they were probably able to serve their own interests as well
as those of the absentees they represented. Certainly many were men
of substance active in commercial and political circles. As examples,
we might cite the case of Newman Hoyles, who in the 1830s was
Colonial Treasurer, member of the House of Assembly for Fortune Bay,
and local agent for the West Country Newman interests (5); or that of
Premier William Whiteway who with his law partner represented the
Clapp estate. (6) In 1890 the mercantile agents and their absentee
clients included Henry J. Stabb (the Brooks and Bulley estates), R.
H. Prowse (the Stripling, Taylor, Twysden, Robert Keen, and McLea
holdings), and George T. Rendell (the Studdy, Kean, Tucker, and Adams
properties). (7)
1. Melvin Baker, "The Government of St. John's, Newfoundland,
1800-1921" (Ph.D. Thesis, The University of Western Ontario,
1980), 16-33, 43-6.2. Newfoundland District Central Court, 1844-1888,
Registry of Deeds, "Martha Ann Kean to Thomas Bulley Job et al,"
1924 (located in the Newfoundland Registry of Deeds and Companies,
Confederation Building, St. John's).
