Will of the Surgeon John Harris

Transcript of the Will of the Surgeon John Harris (1754 - 1838)


Last Will and Testament

In the name of God Amen.

I John Harris now residing in Shanes Park in the county of Cumberland and Colony of New South Wales being in good health and of sound disposing mind memory and understanding make publish and declare this to be my last Will and Testament.

I give device and bequeath all my Ultimo Estate or property in adjoining the Town of Sydney to my brothers George Harris and William Harris for and during the term of their natural lives the said property to be divided equally between them by the Executor of this my Will from and after their decease I give device and bequeath the same property being equally divided to John Harris the son of my brother George Harris and unto John Harris the son of my brother William Harris and their heirs male bearing the name of John Harris and being lawfully begotten to have and to hold forever and in the case of the death of these last mentioned without issue so named as foresaid I give devise and bequeath the same property and assets to sons of any of my brothers George Harris, William Harris and Robert Harris as may first be baptised by name of John Harris and the first after being lawfully begotten bearing the Harris name in case of his death without issue bearing this name then to the next or other son in line of either of my said brothers who may be in line with their heirs of his body so named in the manner to have and to hold forever.

I give and bequeath my Parramatta Estate or Harris Farm to Thomas Harris son of my brother William Harris during the time of his natural life and from and after his decease I give devise and bequeath the same to his eldest son bearing the name of John Harris being lawfully begotten and to his heirs male bearing that name and lawfully begotten to have and to hold forever, and in case of Thomas Harris having no male issue I give devise and bequeath the same property to his nearest of kin who may bear the name of John Harris and be lawfully begotten and to his heirs being so named and lawfully begotten to have and to hold forever.

I give devise and bequeath my other farm at Parramatta consisting of thirty acres to Eliza Stinson otherwise Magee daughter of my sister Elizabeth Harris during the term of her natural life and from and after her decease to her eldest son John Stinson and his heirs male being lawfully begotten to have and to hold for ever and in case of the said John Stinson dying without issue I give devise and bequeath the said farm to his next of kin being male and lawfully begotten and to his heirs being male and lawfully begotten to have and to hold forever.

I give devise and bequeath my land property in the County of Cumberland adjoining Shanes Park and granted to me by General Macquarie to my three nephews Samuel Harris, Robert Harris and David Harris the sons of my brother Robert Harris during the term of their natural lives and from and after their decease to their heirs male bearing the name of John Harris and lawfully begotten to have and to hold forever. Should any or all of the said three have no male heirs the said property I give and bequeath to the nearest of kin bearing the name John Harris and to his heirs male being so named and lawfully begotten. I desire that the same property shall be divided into three equal allotments for which the said Samuel Harris, Robert Harris and David Harris shall cast lots.

I give and bequeath to Jane Lindsay otherwise Magee daughter of my sister Elizabeth Harris my Pitt Town farm known by the name of Bardenarang for the term of her natural life and from and after her decease I give devise and bequeath the farm to her son John Harris Lindsay and his heirs being male and lawfully begotten to have and to hold forever and in case of the said John Harris Lindsay dying without heirs I give and bequeath the same to his next of kin being male and lawfully begotten to have and to hold forever.

I give and bequeath the property on which I now reside Shanes Park to John Harris son of my brother William Harris during the term of his natural life and from and after his decease I give and bequeath the same to his eldest son bearing the name of John Harris and his heirs so baptised and being lawfully begotten to have and to hold forever. And in the case of the said John Harris dying without male issue I give and bequeath the said property to his next of kin bearing the name John Harris and being lawfully begotten and to his heirs male being so named and lawfully begotten to have and to hold forever.

I give and bequeath unto my said brothers George, William and Robert the sum of Two Thousand Pounds each to be paid to them by my Executors out of my Bank Stock and in case of death of either of them my said brothers I devise that the same may be equally divided amongst and of the children of him or them so dying as may be living at the time of his decease.

I also give and bequeath to John Magee, William Magee, Elizabeth Magee and Jane Magee the children of my late sister Elizabeth Magee formerly Elizabeth Harris the sum of Two Hundred Pounds each to be paid to them also out of my Bank Stock.

I also give and bequeath unto Jane, Margaret, John and George Harris the children of my brother George Harris the sum of One Hundred Pounds each - also to Nancy, Jane, John, Thomas, Eliza and Matilda the children of my brother William Harris the like sum of One Hundred Pounds each - and to Jane, William, John, Robert, David, Nancy, Catherine the children of my brother Robert Harris the like sum of One Hundred Pounds each the said several legacies to be paid out of my said Bank Stock.

I also give and bequeath to each of my Executors hereinafter named the sum of Ten Pounds each for the trouble they may be put to in executing the trusts of this my will.

I desire also that all my other effects whether they may consist of stock, cattle or chattels or of monies either in the Bank of this Colony or in the Public Funds in England or as may be in the hands of my Agent Edward Codd of Fludyer Street London Esq. or of any other persons either on security or in Trust for me equally unto direct amongst my said brother George Harris, William Harris and Robert Harris and in case of the death of any or all of my said brothers I then direct that the part share or interest of such of them as may so happen to die shall go to and be equally divided amongst the children of him or them so dying.

I do hereby nominate constitute and appoint John Harris Junior of Shanes Park Esquire, James Fullerton, Presbyterian Clergyman of Windsor and Richmond, A. Murray now residing in Ultimo Cottage and Charles Thompson of Clydesdale Esquires to be Executors of this my Will and I do hereby make and declare void all former and other Wills by me at any time made heretofore. And I do declare this parchment writing contained only in one sheet of parchment to be and contain my last Will and Testament further that should any dispute or misunderstanding occur between the Legatees or between any of them and the Executors who are herein named that they shall not appeal to any Court of Law but that they submit their cause to the decision of two upright and reputable men of whom one shall be chosen by each party. And should the said two Arbiters not be able to agree they shall have the privilege of calling in a third and should any of the Legatees refuse to submit to their decision. I desire that he shall be excluded from all right to be benefited in any way through this my last Will.

In witness that this is my last Will and Testament I do hereunto set and subscribe my name and hand writing and affix my seal at Harris Park this twenty second day of February in the year of Our Lord one thousand eight hundred and thirty eight.

J.Harris (S.S.)

Signed, Sealed, Published and declared by the Testator John Harris as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereto set our hands as Witnesses this day.

James Fullerton, Samuel Stinson, John Harris.

 

Codicil

In the name of God, Amen.

I John Harris being of sound mind memory and judgement do also give devise and bequeath to John Harris son of my brother William Harris all my household furniture, clothes and chattels with the stock consisting of horses and other cattle of Shanes Park which I may posses at my decease. I also declare the foregoing Will bearing my seal and signature witnessed by James Fullerton Samuel Stinson and John Harris together with this Codicil my last Will and Testament.

J. Harris (S.S.)

Signed, Sealed, Published and declared by the Testator John Harris as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereto set our hands as Witnesses thereto on seventh day of March in the year of Our Lord one thousand eight hundred and thirty eight.

William Hall, Henry Hall, John Bishop.