Probate Documents of Henry Cohen
Last Will and Testament (Year 1867, Series 1, #7300)
This is the last Will and Testament of me Henry Cohen of Wynyard Square Sydney in the Colony of New South Wales. I give and bequeath to my daughter Mrs Hannah Marks Widow of the late Solomon Marks the Sum of Five hundred pounds. I give and bequeath to my Daughter Caroline Widow of the late Isaac Nathan the Sum of Five hundred pounds. I give and bequeath to my Daughter Fanny Wife of Henry Solomon the Sum of Two hundred pounds. I give and bequeath to my daughter Sophia Wife of Abraham Cohen the Sum of One hundred pounds. I give and bequeath to my daughter Jane Wife of David Lawrence Levy the sum of One hundred pounds. I give and bequeath to my Grand-daughter Esther Marks daughter of the said Hannah Marks the Sum of Two hundred pounds to be paid her on attaining the age of twenty one years or marriage whichever shall first happen. I give and bequeath to my Grandson Benjamin Francis Marks son of the said Hannah Marks the Sum of One hundred pounds to be paid to him on attaining the age of twenty one years. I give and bequeath to each of my Grand-daughters Sophia Simmons, Sarah Simmons and Jane Simmons daughters of Joseph Simmons Senior the Sum of One hundred pounds to be paid to them respectively on Marriage or after the age of twenty one years to be paid to them or otherwise appropriated for their benefit respectively at such time or times and in such manner as the Trustees or Trustee of this my Will shall in their or his discretion think fit. I give and bequeath to my Nephew Nathan Ellis of London the Sum of Twenty five pounds. And I declare that the whole of the above Legacies shall abate proportionately in the event of any deficiency to meet them in the personal Estate (other than Land or Houses) of which I shall be possessed at my death. I also give and bequeath to my Daughter the said Hannah Marks all of my House Linen. I also give and bequeath to my Grand-daughter the said Esther Marks one of my piano-fortes to be selected by her. I also give and bequeath to my said Grandson Benjamin Francis Marks my Gold Watch made by B. F. Villiamy London and my Gold Watch-guard. I give devise appoint and bequeath all the real and other the personal Estate whatsoever and wheresoever situate of which I shall be seized or possessed or to which I shall be entitled at the time of my death unto and to the use of Abraham Cohen of Wynyard Square Sydney aforesaid Hotel-keeper, Sigmond Hoffnung of O’Connell Street[[1]] Sydney aforesaid Merchant and David Lawrence Levy of Sydney aforesaid Solicitor (hereinafter designated Trustees) their heirs executors administrators and assigns according to the nature and tenure thereof respectively upon and for the trusts intents and purposes hereinafter declared concerning the same that is to say Upon Trust after payment of my debts funeral and testamentary expenses as to my furniture plate linen china household effects jewellery and all other my personal property (not being land or houses) of a saleable or convertible nature (with the exception of articles hereby specifically bequeathed) absolutely to sell dispose of and convert the same into money with full discretionary power as to time and mode of sale and to collect and get in any moneys which may be due or owing to my estate and to stand possessed of the proceeds to arise from such sale conversion and collection and of other the residue of my said personal Estate after payment of the legacies hereinbefore bequeathed upon trust for distribution in manner following, that is to say I direct my said Trustees or the Trustees or Trustee for the time being of this my Will to appropriate the Sum of Three hundred pounds or Four hundred pounds in their or his discretion for the purchase of household furniture china and other household effects for my daughter the said Hannah Marks if she should elect within six months after my decease to go into housekeeping on her own account. Provided always that the Trustees or Trustee of this my Will may in their or his discretion permit her if she desire so to do to select any articles of my furniture china and household effects prior to the sale thereof not exceeding in value the above amount (in their discretion as aforesaid) such articles to be taken at a fair Valuation in lieu of the appropriation of the said sum of Three hundred pounds or Four hundred pounds as aforesaid. And I give and bequeath all the rest and residue of my said personal Estate unto my said Daughters Sophia Cohen, Fanny Solomon and Jane Levy and my Grand-daughter Sophia Cohen daughter of Samuel Cohen of Melbourne in Equal shares and proportions subject to the share of my said Grand-daughter Sophia Cohen daughter of Samuel Cohen not being less than Two hundred pounds out of such residue. And I declare that my said Trustees shall stand seized and possessed of my said real Estate and other the property hereinafter mentioned Upon the trusts and to and for the ends intents and purposes following, that is to say As to Eight Cottages at Newtown near Sydney aforesaid Upon trust to pay the rents profits and annual Income thereof to my Son Samuel Cohen of Melbourne in the Colony of Victoria for and during the term of his natural life or until he shall attempt to alien charge or incumber [sic] the same or any part thereof or until any writ of execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become bankrupt or insolvent or until the said life Interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Samuel Cohen shall cease and determine and from and after such determination and also after the death of the said Samuel Cohen during the lifetime of his present wife Upon trust to pay and apply the rents profits and the annual income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the Children of the said Samuel Cohen as the said Trustees or Trustee and in such manner as they shall think proper And from and after the death of both said Samuel Cohen and of his present Wife Upon trust for his Daughter Sophia her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any husband with whom she may intermarry And as to one House in Crown Street Sydney aforesaid known as Number One hundred and eighty eight in the said Street and one House at the back of the said premises in Wood’s Lane Upon trust to pay the said rents profits and annual Income thereof to my Son Edward Cohen of Melbourne in the Colony of Victoria for and during the term of his natural life or until he shall attempt to alien charge or incumber [sic] the same or any part thereof or until any Writ of Execution shall issue against him by [virtue] whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become Bankrupt or Insolvent or until the said Life Interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Edward Cohen shall cease and determine And from and after such determination and also after the deaths of the said Edward Cohen during the lifetime of his present Wife Upon trust to pay and to apply the rents profits and annual Income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the Children of the said Edward Cohen as the said Trustees or Trustee and in such manner as they shall think proper And from and after the death of both the said Edward Cohen and of his present Wife, Upon trust for his Daughter Miriam her heirs and assigns for ever for her sole and separate use and benefit free from the control debts or engagements of any husband with whom she may intermarry And as to two Houses in William Street Woolloomooloo Sydney aforesaid known as Numbers Seventy eight and Eighty in the said Street Upon trust to pay the rents profits and annual Income thereof to my Son Philip Cohen of Melbourne in the Colony of Victoria for and during the term of his natural life or until he shall attempt to alien charge or incumber [sic] the same or any part thereof or until any Writ of Execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become bankrupt or Insolvent or until the said life Interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Philip Cohen shall cease and determine And from and after such determination and also after the deaths of the said Philip Cohen during the lifetime of his present Wife Upon trust to pay and to apply the rents profits and annual Income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the children of the said Philip Cohen as the said Trustees or Trustee and in such manner as they shall think proper And from and after the death of both the said Philip Cohen and his present Wife Upon trust for his Daughter Esther her heirs and assigns for ever for her sole and separate use and benefit free from the control debts or engagements of any husband with whom she may intermarry And as to two Houses in Hunter Street Sydney aforesaid known as Numbers nineteen and twenty one in the said Street Upon trust to pay the rents profits and annual income thereof to my Son Joseph Cohen of Murrurundi for and during the term of his natural life or until he shall attempt to alien charge or incumber [sic] the same or any part thereof or until any Writ of Execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become bankrupt or insolvent or until the said life interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Joseph Cohen shall cease and determine And from and after such determination and also after the deaths of the said Joseph Cohen during the lifetime of his present Wife Upon trust to pay and to apply the rents profits and annual Income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the Children of the said Joseph Cohen and in such manner as the said Trustees or Trustee shall think proper And from and after the death of both the said Joseph Cohen and his present Wife As to the House known as Number nineteen Hunter Street Upon trust for his Son Henry Cohen his heirs and assigns for ever And as to the House known as number twenty one Hunter Street Upon trust for his Son James Cohen his heirs and assigns for ever And as to two Houses in Hunter Street Sydney aforesaid known as Numbers fifteen and seventeen in the said Street Upon trust to pay the rents profits and annual income thereof to my Son Lewis Cohen of Launceston in the Colony of Tasmania for and during the term of his natural life or until he shall attempt to alien charge or incumber the same or any part thereof or until any Writ of Execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become Bankrupt or Insolvent or until the said life Interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Lewis Cohen shall cease and determine And from and after such determination and also after the deaths of the said Lewis Cohen during the lifetime of his present Wife Upon trust to pay and to apply the rents profits and annual Income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the children of the said Lewis Cohen as the said Trustees or Trustee and in such manner as they shall think proper And from and after the death of both the said Lewis Cohen and his present Wife Upon trust as to the House known as Number fifteen Hunter Street for his Daughter Fanny her heirs and assigns for ever for her sole and separate use and benefit free from the control debts or engagements of any husband with whom she may intermarry And as to the House known as Number seventeen Hunter Street for his Daughter Sarah her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any husband with whom she may intermarry And as to two Houses in Hamilton Street Sydney aforesaid known as Number three and four in the said Street Upon trust to pay the rents profits and annual income thereof to my Son William Cohen of Tamworth for and during the term of his natural life or until he shall attempt to alien charge or incumber [sic] the same or any part thereof or until any Writ of Execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become Bankrupt or Insolvent or until the said life Interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said William Cohen shall cease and determine And from and after such determination and also after the deaths of the said William Cohen during the lifetime of his present Wife Upon trust to pay and to apply the rents profits and annual income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the Children of the said William Cohen as the said Trustees or Trustee and in such manner as they shall think proper And from and after the death of both the said William Cohen and his present Wife Upon trust for his Daughter Fanny her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any Husband with whom she may intermarry And as to three Houses in Crown Street Woolloomooloo purchased by me from Denis Mealey and known as Numbers seventy four, seventy six and seventy eight in the said Street and three Houses in Wood’s Lane at the back of the said premises Upon trust to pay the rents profits and annual income thereof to or permit the same to be received by my Daughter Sophia Wife of Abraham Cohen of Wynyard Square Sydney for and during the term of her natural life for her sole and separate use free from the control debts or engagements of her husband and for which her receipts shall notwithstanding Coverture be a sufficient discharge And from and after her death Upon trust to pay the rents profits and annual income thereof to her husband the said Abraham Cohen for and during the term of his natural life or until he shall attempt to alien charge or incumber the same or any part thereof or until any writ of execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become bankrupt or insolvent or until the said life interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Abraham Cohen shall cease and determine And from and after such determination to pay and apply the rent profit and annual income of the said property to and for the support and maintenance or otherwise for the use and benefit of such one or more of the Children of the said Abraham Cohen as the said Trustees or Trustee shall think proper And from and after the death of both the said Abraham Cohen Upon trust as to the Houses known as Numbers seventy four and seventy six in Crown Street aforesaid and one of the said Houses in Wood’s Lane to his Daughter Jane her heirs and assigns for ever for her sole and separate use free from the control debts and engagements of any husband with whom she may intermarry And as to the House known as Number Seventy eight Crown Street aforesaid and the other two of the said Houses in Wood’s Lane aforesaid Upon trust for his Daughter Miriam her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any husband with whom she may intermarry And as to nine Houses in Little George Street and Hunter Street aforesaid and two Houses in Hamilton Street Sydney aforesaid known as Numbers one and two in the said Street Upon trust to pay the rents profits and annual income thereof to or permit the same to be received by my said Daughter Hannah Widow of the late Solomon Marks for and during the term of her natural life or until she shall attempt to alien charge or incumber the Same or any part thereof or until any writ of execution shall issue against her by virtue whereof her life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until by any other means her life interest in the said property would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said Hannah Marks shall cease and determine And from and after such determination to pay and to apply the rents profits and annual income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Children or one or more of the children of the said Hannah Marks during her life and in such manner as the said Trustees or Trustee shall think proper And from and after the death of the said Hannah Marks Upon trust for her daughter Esther Marks her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any husband with whom she may intermarry And as to two Houses in Gloucester Street Sydney aforesaid known as Numbers fifty nine and sixty one in the said Street and one House in Cumberland Street known as Number Two hundred and eighteen in the said Street Upon trust to pay the rents profits and annual income thereof to or permit the same to be received by my Daughter Fanny Solomon Wife of Henry Solomon of Sydney aforesaid for and during the term of her natural life for her sole and separate use free from the control debts or engagements of her present or any future husband and for which her receipts shall notwithstanding Coverture be sufficient discharge And from and after the death of the said Fanny Solomon Upon trust to pay the profits and annual income thereof to her husband the said Henry Solomon for and during the term of his natural life or until he shall attempt to alien charge or incumber the same or any part thereof or until any writ of execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become bankrupt or insolvent or until the said life interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said Trust in favour of the said Henry Solomon shall cease and determine And from and after such determination to pay and to apply the rents profits and annual income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the Children of the Said Henry Solomon as the said Trustees or Trustee shall think proper And from and after the death of the said Henry Solomon Upon trust for his daughter Alice her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any husband with whom she may intermarry And as to two Houses in Clarence Street Sydney known as Number One hundred and sixty seven and One hundred and sixty nine in the said Street Upon trust to pay the rents profits and annual Income thereof to or permit the same to be received by my Daughter Jane Wife of David Lawrence Levy of Sydney aforesaid Solicitor for and during the term of her natural life for her sole and separate use free from the control debts or engagements of her present or any future husband and for which her receipts alone shall notwithstanding Coverture be sufficient discharge And from and after the decease of the said Jane Levy Upon trust to pay the rents profits and annual Income thereof to her husband the said David Lawrence Levy for and during the term of his natural life or until he shall attempt to alien charge or incumber the same or any part thereof or until any Writ of Execution shall issue against him by virtue whereof his life interest in the said property would but for this direction have been liable to be seized attached or disposed of or until he shall become bankrupt or insolvent or until the said life interest would otherwise but for this direction have belonged to any other person or persons in any or either of which cases the said trust in favour of the said David Lawrence Levy shall cease and determine And from and after such determination to pay and to apply the rents profits and annual income of the said property to and for the support and maintenance or otherwise for the use and benefit of the Wife and Children or of the Wife and such one or more of the Children of the said David Lawrence Levy as the said Trustees or Trustee shall think proper And from and after the death of the said David Lawrence Levy Upon trust for the Child or Children or such one or more of the Children (if any) of the said David Lawrence Levy and Jane Levy as they shall jointly or the survivor of them shall by Deed or Will appoint and in default of appointment for such child or children if any absolutely and if more than one in equal shares and proportions And in case the said Jane Levy should die without issue then from and after the decease of both the said Jane Levy and David Lawrence Levy Upon trust for my Grand-daughter Jane Simmons daughter of Joseph Simmons Senior her heirs and assigns for ever for her sole and separate use free from the control debts or engagements of any husband with whom she may intermarry And I declare that if on the death of the persons to who life Interests are hereby given any person or persons for the time being entitled to the possession or the receipt of the rents and profits of the hereditaments hereinbefore disposed of or any part thereof in which such life interests are given shall not have attained the age of twenty one years or if a female shall not have attained that age or married the said Trustees or Trustee shall during such minority or until Marriage as aforesaid receive the rents profits and annual Income of the hereditaments to which such Minor shall be beneficially entitled and apply the same or part thereof in his or her maintenance education or advancement either directly or by paying the same to the person or persons under whose immediate control such Minor may be without seeing to the application thereof or requiring any account of the same and to invest the residue for the benefit of such Minor with power to resort for the purposes aforesaid to the accumulations of any preceding year or years Provided always and I hereby declare that it shall be lawful for the trustees or trustee for the time being of this my Will at any time or times and from time to time after my decease at the request and by the direction of the person or persons who for the time being shall by virtue of any of the limitations contained in this my Will be entitled to the rents and profits and annual income of any of the said hereditaments hereinbefore devised if such person or persons respectively shall be of full age but if such person or persons respectively shall be under age or unmarried then during the minority or respective minorities or until the marriage of any such person or persons respectively in the discretion of the said trustees or trustee absolutely to sell and dispose in such manner as they the said Trustees or Trustee shall think fit of the said hereditaments the subject of the limitations under which the person or persons respectively making such request or on whose behalf such discretion may be exercised shall be beneficially interested in or entitled to the said hereditaments And at the like request and direction or in the like discretion to invest the moneys to arise from any such sale or sales in the names of them the said Trustees or Trustee in or upon such Stocks funds or securities as they or he may think fit And from time to time in their or his discretion to alter and vary the said Stocks funds and securities the dividends interest and annual income arising therefrom to be paid to such person or persons and to be applied to and for such ends intents and purposes and in such manner as the rents profits and annual income of the said hereditaments so sold would have been payable or applicable in case no such sale or sales had been made And also at any time or times and from time to time at the like request and direction or in the like discretion to apply the moneys to arise from any such sale or sales or the moneys invested in or upon such stocks funds and securities in the purchase of such other lands and hereditaments in the Colony of New South Wales as the said Trustee or Trustees may approve of to be held upon the trusts and to and for the ends intents and purposes hereinbefore declared as to the hereditaments originally sold. Provided always and I hereby declare that the receipts in writing 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 under or by virtue of any of the powers and authorities hereinbefore contained or otherwise in the execution of the trusts of this my Will shall be effectual discharges for the same respectively or for so much thereof as in such receipts shall be expressed to have been received and that the person or persons to whom the same shall be given shall not be bound to see to the application or be answerable for the loss or misapplication thereof or be bound or concerned to enquire whether any such sale or sales is or are necessary or proper or whether any necessary request or direction has been given or be effected by express notice to the contrary Provided always and I hereby declare that in case the said Trustees or any of them or any Trustee for the time being of this my Will should during my lifetime or during the continuance of the trusts hereinbefore declared cease to reside in the Colony or should die or renounce or desire to be discharged from the said trust or refuse or become incapable to act therein then and so often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee or if there should be no such trustee then for the executors or administrators the last surviving or last acting Trustee to appoint some other fit person or persons to be a trustee or trustees in the place or stead of the Trustee or Trustees so ceasing to reside in the Colony or dying or renouncing or desiring to be discharged from the said trusts or refusing or becoming incapable to act therein And that every such new Trustee shall and may act and assist in the management and execution of the trusts hereinbefore declared as fully and effectually in all respects and with the like powers and indemnifications as he might have done if originally in and by this my Will appointed a Trustee thereof or as if his name had been inserted in this my Will in the place of the Trustee in whose stead he shall be substituted And I appoint the said Abraham Cohen, Sigmond Hoffnung and David Lawrence Levy Executors and Trustees of this my Will And I declare that my reason for not appointing my sons Samuel, Edward and Philip Trustees and Executors of this my Will is that being resident out of the Colony of New South Wales they would be unable to act personally in the discharge of the Trusts thereof In Witness whereof I the said Henry Cohen have herewith set my hand and Seal to this my said last Will and Testament contained in this and the preceding six pages of parchment this twenty seventh day of October One thousand Eight hundred and Sixty Six ———
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Signed Sealed and Delivered by the said Testator as and for his last Will and Testament in the presence of us, present at the same time who in his presence at his request and in the presence of each other have hereto subscribed our Names as Witnesses A. De Lissa, Solicitor, Sydney H. L. Nelson, 28 Wynyard Square, Sydney, Gentleman |
Henry Cohen (signed) |
This is a Codicil to the last Will and Testament of me
the above named Henry Cohen— Whereas I have lately become surety for my
son Joseph Cohen for the amount of One thousand Pounds And Whereas several of
my children are indebted to me in various sums of money I do hereby direct and
declare that in case I or my executors should be called upon to pay the said
sum of One Thousand Pounds or any part thereof such payment shall not in
anywise affect any dispositions in my said Will in favour of the said Joseph
Cohen and his family And I further direct that payment of the sums due by such
of my children as are indebted to me shall not be enforced by my executors or
in anywise affect any disposition contained in my said Will in favour of my
said children respectively and their respective families And I further declare
that in case my personal estate (other than land or houses) should prove
insufficient for payment of all the legacies bequeathed by my said Will the
dispositions in favour of my daughter Hannah Marks shall be first paid or provided for and then the
legacy in favour of my daughter Fanny Solomon And I direct that payment of or provision for
the legacy of five hundred pounds to my daughter Caroline
Nathan shall be postponed until
payment of or provision for all the other legacies and in the event of any deficiency
in my said personal Estate shall be diminished by the amount of such deficiency
And in the event of my said personal estate proving insufficient for payment of
all the legacies bequeathed after excepting thereover the said legacy in
favour of my daughter Caroline Nathan then all the legacies bequeathed with the exception
of those in favour of my daughters Hannah Marks and Fanny Solomon shall abate in proportion—Provided always
that nothing herein contained shall apply to the residuary bequests contained
in my said Will the same taking effect only after satisfaction of the whole of
the previous legacies bequeathed—In Witness whereof I the said Henry
Cohen have hereunto set my hand this twenty seventh day of October one thousand
Eight hundred and Sixty Six———
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Signed by the said Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereto subscribed our names as Witnesses A. De Lissa, Solicitor, Sydney H. L. Nelson, 28 Wynyard Square, Sydney, Gentleman |
Henry Cohen (signed) |
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26th August 1867. This day upon Petition Probate of the last Will and Testament and Codicil of Henry Cohen deceased was granted to Abraham Cohen, Sigmond Hoffnung and David Lawrence Levy the Executors in the said Will named.
Testator died the 1st day of August 1867. Goods sworn at £2,500.
Probate dated the same day as granted.
[Lawyers were obviously paid by the word! Ed.]
