Will of Martha Ann Keen. And the Influence of Absentee Landlords

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).