6. | Richard Hayhurst, 1820 Settler was born in 1780 in Liverpool, Lancashire, England; died on 26 Jan 1848 in Grahamstown, Eastern Cape, South Africa. Other Events and Attributes:
- 1820 Lineage: Yes
- Settler ID: 1885
- Name: Richard Hayhurst 1820
- Occupation: a Carpenter
- Occupation: an Upholsterer and Cabinetmaker
- Settler: 13 Jan 1820, Liverpool, Lancashire, England
Notes:
Grahamstown Journal:
Saturday 29 January 1848
Died at Graham’s Town on the 26th Jan 1848 after a severe affliction of about 8 years, Mr. Richard HAYHURST, aged 68 years. Deceased was one of the British Settlers of 1820. His end was peace.
Kelly Haskins Germs writes in Facebook:
I have just transcribed this Last Will and testament of Richard HAYHURST 1820 Settler, and thought I'd share. Apologies upfront for the use of "---" in the text every now and again, but the document is in such a sad state and the Cape Archives send such bad quality copies that I just absolutely cannot make the words out!
I hope it's useful. Surnames that appear: HAYHURST, PHILLIPS, BLACKBEARD, TOYNBEE, PAGE, LONS, BOLD.
Filed 27 March 1858
1400
33/179
187
In the Name of God! Amen.
Be it hereby made known to all whom it shall or may concern.
That on this sixteenth day of November in the year of our Lord, One Thousand Eight Hundred and Forty Seven, before one James John Henry Stone, Notary Public duly -------- and sworn residing and practising by and under the authority of government in Graham’s Town in the District of Albany in the Colony of the Cape of Good Hope and in the presence of the subscribing witnessed personally, came and appeared RICHARD HAYHURST of Graham’s Town in the district of Albany, born in Blackburn Lancashire, to me the Notary, well known and being in health of body and of sound and disposing mind, memory and understanding, and fully capable of doing any act that required thought, judgement, discrimination or reflection, as fully apparent at the passing of these ------, but nevertheless mindful of his mortality and this fleeting transitory state, declared his intention to make and execute his Last Will and Testament in manner and form following, wherefore the said appearer hereby revoking and annulling to all intents and purposes and ------ whatsoever, all,wills, codicil and other testamentary acts at any time heretofore passed by him.
In the first place the Testator declared it to be his will and desire that all his just debts, personal and testamentary charges and expenses shall be fully paid and identified by the executor, hereinafter named, as soon as may be convenient after his decease.
The testator hereby gives ----- and bequeaths to his dear wife ELIZABETH HAYHURST, formerly widow of the late FRANCIS BLACKBEARD, the whole of his house, ------ land and premises, currently occupied and belonging to him, situated and being ---- the East Barracks? In Graham’s Town and formerly the property of one RICHARD WEBB, a ----, to be held, ---- used and enjoyed by her during her natural life, chargeable with the clothing, maintenance and education of his minor children and after his death the same shall revert to the children of his dear wife, or the survivors of them, namely CHARLES BLACKBEARD, WILLIAM BLACKBEARD, FREDERICK BLACKBEARD, CORDELIA, wife of JAMES LONS?, ELIZABETH BLACKBEARD, and MARY ANN HAYHURST as their own free property severally and respectively, and which said property shall, upon the determination of the majority of the said named children be ----- sold immediately after the death of the testator’s wife, or at any time convenient thereafter, by public or private sale or let out for the highest rent that can be obtained for the same, which ever shall be decreed most beneficial, and the proceeds of such sale or the rents of such property after deduction of all necessary disbursement sand expenses to be paid and equally divided and distributed amongst the before named children, share and share alike.
And whereas this testator is the legal proprietor of – and – a certain Erf situated at the Fish River in the District of Albany, granted to him by the Colonial Government in perpetuity as a ferry house and fishery? which said erf or piece of land this testator declared to give, devise and bequeath to his daughter SARAH, wife of JOHN PHILLIPS In full and free property absolutely and forever.
And whereas the testator is the legal proprietor of a certain --- piece of land in Bathurst location, the former property of THOMAS MILLS Situated at or near the Fish River in the district of Albany, which said piece of land be the said testator declared by these parents to give, devise and bequeath unto and between SARAH, wife of JOHN PHILLIPS, MARIA wife of PETER BOLD, the children of JANE, late wife of THOMAS PAGE, and JOHN HAYHURST, children of his former marriage, in full and free perpetuity for ever, and should they or their legal representatives be desirous of apportioning, partitioning or dividing the said land or piece of ground between them amicably, they are at perfect liberty to do, but in the event of their non-agreement or any dispute arising between them in respect of such apportioning, partitioning or dividing as aforesaid then it shall and --- be lawful and the said testator doth hereby authorise and direct his executor hereinafter named, to sell and dispose of the said land or piece of ground by public auction, and --- proceeds therof equally to divide amongst the said SARAH PHILLIPS, MARIA BOLD, the children of the late JANE PAGE, and JOHN HAYHURST or the surviving children of them.
And as to the rest and residue of the said testator’s estate and effects, household goods and ---- banks, debts or otherwise not herein before given, devised, bequeathed or disposed of, he, the said testator hereby gives, devises and bequeaths to his dear wife, as her free and absolute property forever, and in case she should she not be living at the time of the said testator's demise, then and in that case the house, --- ------ land and premises situated --- Graham's Town, as also all other property herein, before devised and bequeathed to her, he the said testator gives, devises and bequeathes to their children herein before named, as their full and free property for ever, share and share alike, provided --- and it is the will and intention of the said testator that the said house, outhouses and land situated in Graham's Town should not be sold unless determined upon by majority of the said children entitled thereto to that effect.
And the said testator further declared to nominate and appoint CHARLES BLACKBEARD of Graham's Town to be the executor of this his Will and administrator of his estate and effects, and guardian of the minor children of the Testator, hereby giving and granting unto him all such power and authority as are required or allowed in Law, and especially those of assumption, substitution and surrogation.
The said testator directs that the Executor of this his Will and the guardian of the minor heirs, shall not be required to lodge with the Master of the Supreme Court of this Colony an inventory of his estate and effects.
The testator further declared to reserve to himself during his life the power from time to time and at all times hereafter to make all such alterations as an addition to this will as he should think fit either by a separate act or --- ---- ----- himself decreeing that all such alterations or additions so much under his signature shall be held as valid and effectual as if they had been inserted herein.
And also appeared before me ELIZABETH HAYHURST wife of the said Testator also known to me the notary, being of sound mind and understanding and fully capable of doing any act that required thought, judgement or reflection, who hereby declared to revoke all former Wills or Will codicil’s here before made by her and consented and agreed to the disposition of the property in the manner herein before fully set forth and contained. Herein that the same shall have the full force and effect of this testator's intention and and directions, and in the event of her death before the testator, then and in that case she hereby wills, devises and bequeaths the whole of the property which she shall die possessed of, and over which she has a disposing power to the said Testator's as his free and absolute property for ever.
And the said Testatrix also consents to the appointment of the said CHARLES BLACKBEARD as Testamentory Executor of the said Estate and guardian of her minor children, with the power vested in him by this said Testator, and further hereby decrees to exclude from the said estate all interferences on the part of the Master of the Supreme Court or any other Public Officer otherwise entitled so to do.
All which having been distinctly ---- to the said Testator and Testatrix, by me the Notary, they declared that they fully understand the same and that it ---- their last Will and Testament --- that it may have effect as such or as a codicil or otherwise in such manner as may be found to consist with Law.
LAST PARAGRAPH ILLEGIBLE. Law terminology only.
RICHARD HAYHURST
ELIZABETH HAYHURST
2nd Testator
JJH STONE
A true copy from the original hereof now remaining in ---- protocols.
MD Nash has his occupation as Miner and Cabinetmaker. If he was a miner, salt or coal?
Settler:
Hayhurst's party on the John
Richard married Mary Dodgson about 1800. Mary was born in 1782; died in Dec 1812; was buried on 1 Jan 1803 in St John's, Blackburn, Lancashire, England. [Group Sheet] [Family Chart]
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