The Will of Emanuel Solomon 1800-1873

'Will' of Emanuel Solomon 1800-1873

SOUTH AUSTRALIA
IN THE SUPREME COURT
TESTAMENTARY CAUSES JURISDICTION

BE IT KNOWN that on the Thirty-first day of October one thousand eight hundred and seventy three the last Will and Testament with the Codicil hereunder written of Emanuel Solomon late of Adelaide in the Province of South Australia Gentleman deceased who died on the third day of October one thousand eight hundred and seventy three at Adelaide aforesaid were proved and registered in the Supreme Court of the said Province and that Administration of All and Singular the personal estate and effects of the said deceased was granted by the aforesaid Court to Catherine Solomon of Adelaide aforesaid Widow relict of the said deceased Joseph Samuel Solomon of Adelaide aforesaid Son of the said deceased and Joel Moss of the same place Clothier three of the executors named in the said Will and Codicil (John Beck of Adelaide aforesaid Merchant the remaining executor named in the said Codicil having renounced all his right and title to the probate and execution of the said will and codicil) they having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his will and codicil and to exhibit a true and perfect inventory of all and singular the said estate and effects and to render a just and true account thereof whenever required by law so to do. Given at Adelaide under the seal of the Supreme Court of the Province of South Australia.
(L.S) C.A Wilson
REGISTRAR OF PROBATES

THIS IS THE LAST WILL AND TESTAMENT OF ME EMANUEL SOLOMON
of the city of Adelaide in the Province of South Australia Member of the Legislative Council of the said Province.
I BEQUEATH unto my dear Wife Catherine Solomon the sum of Two hundred and fifty pounds to be paid to her immediately after my decease for her immediate requirements
I BEQUEATH to my Trustees and Executors hereinafter named the sum of Fifty pounds a piece I DIRECT the Trustees or Trustee hereinafter named and appointed to set aside such part and parts of my Books Pictures China Plate Linen and Furniture and other Household Goods as they or he may in their or his discretion deem fit for the use of my said Wife Catherine Solomon and so as to enable her to furnish a suitable residence for herself and her children and also to set aside such articles as Furniture as the said Trustees or Trustee may in their or his discretion think fit for the use of all or any one or more of my children hereafter named I BEQUEATH all my personal estate (except the personal Estate which I otherwise bequeath by this my Will) unto and to the use of my Nephew Judah Moss Solomon of Adelaide aforesaid, my son Joseph Samuel Solomon and my son in law Joel Moss of Adelaide aforesaid Clothier and Charles Richard Darton of Adelaide aforesaid Agent their Executors Administrators and Assigns UPON TRUST that the said Trustees or the survivors or survivor of them or the executors or administrators of such survivor (hereinafter called “the Trustees or Trustee”) shall sell call in and convert into money such part of my said personal estate as shall not consist of money (subject nevertheless as hereinafter mentioned as to any monies which may be owing to me by the firm of Solomon Cousins) And shall out of the money to arise from such sale calling in and conversion into money and out of the money of which I shall be possessed at my death pay all my just debts Funeral and Testamentary expenses and the said legacies and shall invest the residue of the said monies in the names or name of the Trustees or Trustee in the purchase of Freehold Lands within the City of Adelaide or in the erection, enlargement or improvement of Buildings on any Freehold Lands which I may die seized of in the said City of Adelaide or which may be from time to time purchased by the Trustees or Trustee under the powers and provisions of this my Will and shall stand seized or possessed of and hold such freehold lands and buildings upon the trusts hereinafter declared of and concerning the same I DEVISE all my real estate situate in the said City of Adelaide (excepting the Theatre and the buildings adjoining thereto known as my Theatre Estate) unto the said Judah Moss Solomon, Joseph Samuel Solomon, Joel Moss and Charles Richard Darton their heirs and assigns UPON TRUST - E. Solomon Witness W.D Scott W. Dearman – that they the said Judah Moss Solomon, Joseph Samuel Solomon, Joel Moss and Charles Richard Darton and the survivors and survivor of them and the heirs or assigns of such survivor (hereinafter called “the Trustees or Trustee”) shall hold the same upon the trusts hereinafter declared of and concerning the same I DEVISE all of the residue of my real Estate wherever situate unto the Trustees or Trustee upon the trust that the Trustees or Trustee shall as soon as conveniently may be sell such residue of my real estate (including my Theatre Estate aforesaid) either altogether or in parcels by Auction or Private Contract and either at one time or several times and do insert any special or other stipulations either as to title or evidence of title or otherwise in any conditions of sale or contract for sale as they or he shall think fit with full power to buy in or rescind or vary any Contract for sale and to resell without being in anywise answerable for any loss which may happen thereby and to convey my real estate so sold to the purchaser or purchasers thereof or as he or they may direct and no such purchaser shall be bound to enquire whether the persons or person making the same may or may not have in contemplation any particular reinvestment of the purchase money in the purchase of any other hereditaments or otherwise And shall invest the money which may arise from any such sale in the purchase of freehold lands within the said City of Adelaide or in the erection enlargement or improvement of buildings on any freehold lands which I may die seized of in the said City of Adelaide or which may be from time to time purchased by the Trustees or Trustee under the powers and provisions of this my Will and stand seized or possessed of and hold the same upon the trusts hereinafter declared of and concerning the same AND I direct that the Trustees or Trustee shall stand seized or possessed of the Freehold Lands which may be purchased and the buildings which may be erected by the Trustees or Trustee out of the monies arising from the sale calling in and conversion into money of my said personal Estate and out of the money of which I shall die possessed after payment of my just debts funeral and testamentary expenses and the said Legacies and also all my real Estate situated in the said City of Adelaide (excepting my Theatre Estate aforesaid) and also the Freehold Lands which may be purchased and the buildings which may be erected by the Trustees or Trustee out of the monies arising from the sale of the aforesaid residue of my real estate (including my Theatre Estate aforesaid) devised by me upon trust for sale UPON TRUST that the Trustees or Trustee shall out of the annual Rents and Profits of the said Trust Estate in the first place pay to my said Wife Catherine Solomon an annuity or clear yearly sum of Two Hundred and Fifty Pounds during her life for her sole and separate use and free from marital control or engagements and without power to anticipate the growing payments thereof AND subject to the payment of the said annuity I DIRECT that the Trustees or Trustee shall out of the Rents and Profits of my Trust Estate apply for the benefit of each of my Grandchildren hereinafter named namely Rosetta Myers the child of my daughter Elizabeth Dorsetta Myers (the wife of Samuel – E Solomon Witness W.D Scott, W. Dearman – Israel Myers) Alexander Moss and Celia Moss the children of my daughter Rosetta Moss (the wife of the said Joel Moss) and Emanuel Brown the child of my daughter Julia Brown (the wife of Victor Voules Brown) the clear yearly sum of Twenty Pounds a piece by such instalments and in such manner as the Trustees or Trustee shall think fit until my said Grandchildren respectively attain the age of Twenty Five years I DIRECT that the Trustees or Trustee shall during the lives of my said Wife Catherine Solomon my children Elizabeth Dorsetta Myers, Rosetta Moss, Julia Brown, Joseph Samuel Solomon, Catherine Solomon, Vaiben Joel Solomon and Judah Moss Solomon and of such other children as I may leave living at my decease or born in due time afterwards and during the lives and life of the survivors and survivor of them my said Wife and children pay the net residue of the rents and profits of my said Trust Estate to my said children Elizabeth Dorsetta Myers, Rosetta Moss, Julia Brown, Joseph Samuel Solomon, Catherine Solomon, Vaiben Joel Solomon and Judah Moss Solomon and of such other children as I may leave living at my decease or born in due time afterwards in equal shares during the term of their life and lives each such share to become payable when any such of my said children being sons or a sons shall attain the age of twenty four years of age or being daughters or a daughter shall attain the age of twenty one years of age or marry AND if any of my said children shall die without leaving issue him or her surviving then the said rents and profits shall be paid to the survivors or survivor of my said children in equal shares aforesaid BUT if any of my said children shall die leaving issue him or her surviving then I declare that the share and shares of and in the said annual rents and profits of such last mentioned child or children so dying shall be paid by the Trustees or Trustee to the Eldest child for the time being of each of my said children so dying as last aforesaid until the period shall arrive when my Trust Estate shall be sold and converted into money under the power or provision in this my Will contained each such share to become payable when such of my said last mentioned grandchildren being grandsons or a grandson shall attain the age of Twenty one years or being grand daughters or a grand daughter shall attain that age or marry PROVIDED ALWAYS that if the said period for the sale and conversion of my said Trust Estate shall arrive before the said shares or share of my said last mentioned grandchildren any or either of them shall become payable under the direction lastly hereinbefore contained they he or she shall be entitled to the same notwithstanding in addition to their his or her share of and in the monies to arise from the sale and conversion of my said Trust Estate AND I DECLARE that the Trustees or Trustee shall apply the whole or such part as they or he shall think fit of the share in the annual rents and profits of my said Trust estate to which any of such children shall be presumptively entitled – E Solomon Witnesses W.D. Scott, W. Dearman – under the trusts by this my Will declared for the maintenance education or advancement of any such child and shall during such suspense of absolute vesting accumulate the residue of such share by investing the same and the resulting income thereof in any real securities or upon any Bonds of the Government of South Australia authorized by Act of Parliament for the benefit of the person or persons who under the trusts herein contained shall become entitled to the share of the annual rents and profits of my said trust estate from which the same accumulations respectively shall have proceeded AND I declare that the Trustees or Trustee may subject to the payment of the said Annuities at their or his discretion make an advance by way of loan bearing interest of any sum not exceeding One thousand Pounds each for his advancement or benefit to such of my said children being sons as the Trustees or Trustee shall think fit and the Trustees or Trustee shall with hold from such son his share of the rents and profits of my Trust Estate until the principal and interest monies which may be so advanced to such son shall have been fully repaid by him to the Trustees or Trustee AND I DECLARE that the share of the annual Rents and Profits of my Trust Estate which shall be payable under this my Will to each of my said Daughters during her life shall be paid into her proper hands for her sole and separate use and free from the control and engagements of any husband and my said daughters shall not have power to deprive themselves thereof by sale or mortgage or otherwise by anticipation I DIRECT that after the death of the last survivor of my said Wife and of my said children and the expiration of twenty years from the death of the survivor of them the Trustees or Trustee to sell and dispose of all my said Trust Estate of which they or he may stand seized or possessed by Public Auction or private contract together or in lots and that the Trustees or Trustee shall stand possessed of the whole of the money to arise from such sale or sales of my trust estate IN TRUST for the Eldest child then living of each of my said children to be divided equally between them absolutely and in case there shall be only one such Eldest child then living IN TRUST for such one child absolutely PROVIDED ALWAYS and I expressly declare that if any of my said sons shall alienate assign charge or incumber or attempt to alienate assign charge or incumber his share of the annual rents and profits of my said Trust Estate or other his interest under this my Will before the same shall actually have come into his possession or shall be adjudicated Bankrupt or Insolvent or assign his Estate and Effects for the benefit of his Creditors the share or shares of any of my said Sons so becoming Bankrupt or Insolvent or assigning his Estate and Effects as aforesaid shall thereupon go to such of my Sons (including any Son so becoming Bankrupt or Insolvent or assigning his Estate and effects aforesaid) in such shares and proportions and in such manner in all respects as the Trustees or Trustee shall by any Deed or Deeds duly – E Solomon Witness W.D Scott, W. Dearman – executed by them or him direct or appoint I DIRECT that the Trustees or Trustee shall have power to let my real Trust Estate or any part or parts thereof from year to year or for any term of years upon such terms and conditions as they or he shall deem fit and to manage the affairs of my Trust Estate generally in their or his discretion I DIRECT that the receipt or receipts in writing of the Trustees or Trustee or of the Trustees or Trustee for the time being of this my Will for any sum or sums of money payable to them or him by virtue of this my Will shall effectually discharge the person or persons to whom the same shall be given from being answerable or accountable for any loss misapplication or nonapplication nor shall any such person be concerned to see to the application of the monies therein mentioned and acknowledged to be received I DIRECT that the Trustees or Trustee shall not be answerable the one for the others or other of them or for any involuntary loss or damage that may happen in the execution of the trusts aforesaid and that it shall be lawful for the Trustees or the Trustee for the time being to reimburse themselves and himself out of the monies which shall come to their or his hands or hand by virtue hereof all costs charges and expenses which they or either of them may sustain or incur in or about the execution of the trusts hereby in them reposed I DECLARE that if the said Judah Moss Solomon, Joseph Samuel Solomon, Joel Moss and Charles Richard Darton or any or either of them shall died in my lifetime or shall at my decease decline to act in the trusts of this my will or if after accepting the said trusts they or any or either of them or any Trustee or Trustees to be appointed as hereinafter mentioned shall die or be desirous of being discharged from or refuse or become incapable to act in the trusts aforesaid then and so often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee for the time being of this my Will and if there be non such then for the retiring Trustee or Trustees or if all the said Trustees shall have departed this life for the executors or administrators of the last surviving or continuing Trustee by any writing or writings under his her or their hand or hands from time to time to appoint any person or persons to be a Trustee or Trustees in the stead of the Trustee or Trustees so dying desiring to be discharged or refusing or becoming incapable to act as aforesaid and that upon every such appointment the said Trust property shall be conveyed assigned and transferred so as in such manor as that the same may effectually vest in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require UPON the Trusts hereinbefore declared concerning the same respectively and every new Trustee shall have the same powers and authorities to all intents and purposes whatsoever as if he or they had been originally nominated a Trustee or Trustees by this my Will I APPOINT my said Wife Catherine Solomon the said Judah Moss Solomon, Joseph Samuel Solomon, Joel Moss and Charles Richard Darton to be Executrix and Executors of – E Solomon Witness W.D Scott W. Dearman – this my Will and Guardians of my said children during their minorities AND I authorize the acting Executors or Executor for the time being of this Will to satisfy any debts claimed to be owing by me or my Estate and any liabilities to which I or my Estate may be alleged to be subject upon any evidence they or he shall think proper and to accept any composition or security for any debt and to allow such time for payment (either with or without taking security) as to the said acting Executors or Executor shall seem fit and also to compromise or submit to arbitration and settle all accounts and matters belonging or relating to my Estate and generally to act in regard thereto as they or he shall deem expedient without being responsible for any loss thereby occasioned AND I HEREBY revoke all Testamentary Documents by me at any time heretofore made and do declare this only to be and contain my last Will AND I devise all estates vested in me as Trustee or Mortgagee unto the said Judah Moss Solomon, Joseph Samuel Solomon, Joel Moss and Charles Richard Darton their heirs and assigns upon trust to dispose thereof according to the equities affecting the same AND LASTLY as regards any sum and sums of money in which at the time of my decease the firm of ‘Solomon Cousins’ (carrying on business on the premises known as the ‘Nimble Ninepence’ in King William Street in Adelaide aforesaid) may be indebted to me I declare my Will be that the Trustees or Trustee shall not call in and enforce payment of such sum and sums of money forthwith after my decease but shall permit the said firm to repay such sum and sums of money by such Instalments (not exceeding as aforesaid) as they or he in their or his discretion may think fit and to take any and such Security for securing the payment of the said Sum and sums of money if and as they may deem Expedient IN WITNESS whereof I the said Emanuel Solomon have to this my last Will contained on this and 5 preceding sheets of paper set my hand this sixteenth day of March one thousand eight hundred and seventy. E. Solomon SIGNED by the said Emanuel Solomon as his Will in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto set our names as Witnesses W.D Scott - Solicitor Adelaide. W. Dearman - Clerk to the said W.D Scott

THIS IS A CODICIL to the within last Will and Testament of me Emanuel Solomon of Adelaide Esquire. WHERAS by my said within written will I have devised and bequeathed certain real and personal estate and given certain powers to my nephew Judah Moss Solomon my son Joseph Samuel Solomon my Son in law Joel Moss and Charles Richard Darton all within described as Trustees and also appointed them jointly with my Wife Catherine Solomon Executors of my within Will and Guardian of my infant children and bequeathed to them a legacy of Fifty pounds a piece And whereas it is also declared in and by my within written Will that as regards any sum or sums of money in which at the time of my decease the firm of ‘Solomon Cousins’ therein described may be indebted to me my said Trustees or Trustee should not call in and enforce payment of such sum and sums of money forthwith after my decease but shall permit the said firm to repay such sum and sums of money by Instalments not exceeding in any one year the sum of Eight hundred Pounds and in my said within written Will I authorize and empower the Trustees or Trustee thereof to receive such sum and sums of money by such Instalments not exceeding as aforesaid as they or he in their or his discretion may think fit and to take any such security for securing the repayment of the said sum or sums of money as they or he in their or his discretion if and as they might deem expedient and whereas I am desirous of appointing Frederick John Beck hereinafter named in the place of the said Charles Richard Darton and my said nephew Judah Moss Solomon and I am also desirous of revoking the portion of my said Will relating to the payment of any sum or sums of money that may be coming to me from the said firm of Solomon Cousins. NOW I REVOKE my said within written will so far as the said Charles Richard Darton and my nephew Judah Moss Solomon are the objects thereof and substitute Frederick John Beck of Adelaide Merchant in their place and declare that my said will shall take effect in the same manner as if the name of the said Frederick John Beck had been originally inserted therein instead of the names of the said Charles Richard Darton and my said Nephew Judah Moss Solomon AND I ALSO REVOKE that portion of my said Will hereinbefore recited relating to the sum and Sums of money which at the time of my decease might be owing to me by the said firm of Solomon Cousins and in lieu of the said declaration contained in my said Will in reference thereto I declare that the Trustees or Trustee of my said Will shall be at liberty to call in and enforce payment of any sum or sums of money which at the time of my decease the said firm of ‘Solomon Cousins’ might be indebted to me either forthwith after my decease or when and as the Trustees or Trustee of my Will shall think fit with full power for the trustees or trustee of my will to postpone the calling in or enforcing payment if they or he shall think fit and to accept such sum and sums of money by Instalments of such amount and payable at such times as the Trustees or Trustee in their or his discretion shall think fit and either with or without taking any security and with or without accepting interest for the forbearance thereof as to such Trustees or Trustees shall deem expedient and except as aforesaid I confirm my said within written Will in all respects IN WITNESS whereof I have to this my Codicil to my Will set my hand the twenty first day of December one thousand eight hundred and seventy E Solomon Signed by the abovenamed Emanuel Solomon the Testator as and for a Codicil to his within will in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses J. Phillips, A.G Downer Solr Ad.