Charlotte PRIOR [7620]

  General Notes:

No. 9532
Will of Charlotte Prior
12 Jan 1871
This is the last Will and Testament of me Charlotte Fitzgerald of the City of Sydney in the Colony of New South Wales Widow
I appoint Joseph Giovanni Thurlow of Dowling Street Clerk and Henry Wickham son of Edward Wickham of King Street West, to be trustees and executors of my Will and guardians of my son WILLIAM ROBERT FITZGERALD now of the age of ten years and residing with me during my said son's minority
WHEREAS by indenture bearing date the twenty first day of September one thousand eight hundred and sixty four made between the Honourable Robert Fitzgerald therein described of the first part myself then Charlotte Bennett of the second part and Robert Marsden Fitzgerald of the third part
ALL those twenty eight shares in the Commercial Banking Company of Sydney then standing in my name as the registered owner thereof together with the dividends and profits thereof were assigned and transferred into the said Robert Marsden Fitzgerald
UPON trust for the absolute benefit of myself during my life and after my decease for such person of persons as I should by any Will appoint
AND by the said Indenture the said Robert Fitzgerald did covenant with the said Robert Marsden Fitzgerald that the said Robert Fitzgerald would within three calendar months after my death well and truly pay unto the said Robert Marsden Fitzgerald the sum of One thousand pounds
TO HOLD the same upon the same trusts as are therein before declared concerning the said shares
NOW I hereby in pursuance of the said power do herby app . . . . . declare of the said twenty eight shares or other shares in . . . . . and direct that my said trustees shall stand possessed thereof together with the dividends and profits thereof
And also of the said sum of One thousand pounds and all other my real and personal estate
UPON trust as soon as conveniently my be to invest the same in shares of some incorporated Banking Company in New South Wales and to may my brother Charles James Prior my sisters Maria Terry and Celia Harriet Murphy the sum of twenty pounds each and to each of my executors herein named the sum of twenty pounds for their care and trouble in the execution of this my Will
I direct my said trustees to pay the sum of forty pounds per annum to my mother Hannah Prior of the Parish of Stepney in England by equal quarterly payments the first payment to be made within three months after my death and subject thereof
I give and devise and bequeath the whole of estate real and personal whatsoever and wheresoever over which I have a power of appointment to my trustees upon trust to apply the income arising there from to the maintenance education and advancement in life of my said son until he shall attain the age of twenty one years and from and after my said son attaining that age In trust to pay the income of my trust property to my said son for his life and after the decease of my said son Intrust for the widow and children of my said son the interest and income to be paid to them until my son's youngest child attains the age of twenty one years and then to be equally divided between them
BUT if my said son shall die being married and without leaving lawful issue I direst the trust fund to be divided equally between the widow of my said son if she should survive him and my two sisters Maria Terry and Celia Harriet Murphy AND I direct that in case my said son shall die unmarried and without issue all my real and personal estate shall be divided equally between my said brother Charles James Prior and my two sister before named in equal shares I hereby direct the trustees of my said Will to convert my said trust estate into money for the purpose of such division
Provided that when and so often as a vacancy shall occur in the trusteeship of my will by reason (whether on my lifetime or after my death) of any of my said trustees or their successors dying or being unwilling or incompetent to act the trustee or trustees for the time being competent to act whether intending to continue in the trust or not or if there shall be so such trustee then my executors or administrators for the time being or either or any of them shall have power to nominate a trustee properly shall be vested in the old jointly with the new trustee or trustees or in the new trustee solely as the case may require
Provided further that my trustees for the time being their heirs executors and administrators shall be answerable for their own respective receipts and wilful laches and defaults only and shall be at liberty to retain and allow to each other their respective reasonable disbursements and expenses
In Witness whereof I have . . . . . this and the two preceding sheets of paper affaced my name this twelfth day of January in the year of our Lord one thousand eight hundred and seventy one.
C. Fitzgerald. Signed by the said Testatrix as her last Will and Testament in the presence at the same time who at her request in her presence and in the presence of each other have subscribed our names as Witnesses - Fred Gannon Sol. Sydney. J.M. Curtis Clerk to Merrs Curtis and Gannon Solicitors Sydney.

Charlotte married Hon Robert FITZGERALD of Sydney M.L.C. [1533] [MRIN: 2551], son of Richard FITZGERALD [7616] and Mary FORD [7621], on 8 Oct 1864 in St. James', King St, Sydney Nsw. (Hon Robert FITZGERALD of Sydney M.L.C. [1533] was born on 1 Jun 1807 in Windsor, N.S.W., baptised on 28 Jul 1820 in St Matthew Windsor NSW, died on 9 May 1865 in Windsor, N.S.W. and was buried on 11 May 1865 in St Matthew Windsor NSW.)

  Noted events in their marriage were:

1. Marriage Certificate: copy on hand, 1864.

Charlotte next married BENNETT [17693] [MRIN: 6391].