Ellis Casper Will
24 sept 1862
This is the Will and Testament of one Ellis Casper of King street, Melbourne in the colony of Victoria, Gentleman. I give and bequeath unto my son, Edward Casper of Dunedin the colony of New Zealand Merchant, and unto my son George Casper of the same place, importers and unto Samuel Levy of Hobart Town Tasmania, clothier, and unto Emanuel Moses Myers of Albert street in the city of Melbourne in the colony of Victoria lunister(?) their heirs and assigns the proceeds of all those six cottages called Victoria cottages situate in right of way off Market street Emerald Hill in the colony of Victoria upon trust for the sole use and benefit of my wife, Elizabeth Casper during her life time and at her death, or in case she is not living at the time of my decease, I give and devise all those six cottages aforesaid unto my daughter Grace Wolff her heirs and assigns forever. I will and devise that upon my decease their aforesaid Edward Casper, George Casper, Samuel Levy and Emanuel Moses Myers shall from my personal monies and estate pay the sum of five pounds sterling to each of my surviving daughters. Grace, Sarah, Ellen, Matilda and Harriet as a token of love and affection. I then give devise and bequeath unto my wife Elizabeth Casper aforesaid the remainder of my household furniture, monies, stock in trade, debts, bills, plate shares, securities and all my other effects wheresoever and whatsoever to hold and enjoy the same during her lifetime, and at her decease, or in case she is not living at the time of my death, I give and bequeath all these aforementioned effect and the residue of my estate wheresoever and whatsoever, unto the said Edward Casper, George Casper,Samuel Levy,and Edward Moses Myers, their heirs and assigns forever upon trust as soon as convenient after my decease to sell the same by public auction or private contract, either in one lot or in parcels, with liberty from time to time if deemed expedient to buy in the same or any part thereof any auction, and to rescind or vary any contract for sale that may have been entered into in such manners they may think fit, and I further declare that and said trustees shall stand poseped(?) of the monies produced by such sale or sales aforesaid, after deducting the expenses attending the same in one of the local banks for the purposes and upon the trusts herein a after expressed, that-is to say upon trust after paying therefrom my funeral and testamentary expenses, and such sums as may be …. from meet the funds of the Synagogue to invest the sum of fifty pounds for the use and benefit of my daughter Harriet, with liberty for them from time to time to withdraw the same or any part thereof or to alter such investment in such manner as shall appear to them most to her advantage and to divide the remaining sum into seven equal moieties or portions, and pay therefrom and pay an equal portion respectively to my sons, Edward and George,and to my daughters Grace Sarah Ellen Matilda and Harriet for their own sole and separate use and benefit, and in case any of the aforesaid parties of their wives or husbands shall at the time of my decease be indebted to me, it shall be at liberty for the trustees of this my will, notwithstanding the insolvency of or any assignment made by such party deduct in full (or as such part as they may think fit in settlement of such debt) such them as they may think proper from their amount bequeathed to such party or parties so indebted, and should any of the parties aforesaid be dead at the time of my deceased refuse to accept his or her moity, then the portion bequeathed to him or her shall be equally divided among the other parties herein named and I hereby nominate, constitute and appoint the aforesaid Edward Casper, George Casper,Samuel Levy and Emanuel Moses Myers executors of this my will and I further declare, that in case anyone or more of them, shall at the time my decease be absent from the colony of Victoria or refuse to be unable from any other cause to act, I then give full power and consent the remaining trustee to trustees to act on his or their behalf and I hereby declare that is the said trustees hereby appointed or anyone of them shall die, or be in desirous o being discharged, or refuse or become incapable to act, then, and so often the said trustees or trustee, may appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees the saidso dying oy desirous of being discharged or refusing or becoming incapable to act, and upon every such appointment trust premises shall be so transferred that the same may become vested in the new trustee or trustees, jointly with the surviving or continuing trustee or trustees, and such new trustee or trustees shall have the same powers authorities and discretion as if he had been hereby originally appointed trustee and I declare that the trustee or trustees for the time being of this my will shall be chargeable only with such monies, as he or they respectively shall actually receive, and shall not be answerable the one for the other of them, and that the said trustee or trustees may reimburse himself or themselves out of the monies which shall come to his or their hands under the trusts aforesaid, all or any expenses which may be incurred in or about the execution of the aforesaid trusts, and shall be allowed ——————————————————— … whereof I the said Ellis Casper, have to this my last will herein contained set my hand this seventeenth day of July in the year 1862.