WILL OF CHRISTOPHER BRACEWELL. 1818-1904

[Stanley]

WILL OF CHRISTOPHER BRACEWELL. 1818-1904

Transcribed by Stanley Challenger Graham from a copy will lent to him by Ann Battersby. Original will made on the 20th October 1904, Christopher died on the 26th.

I Christopher Bracewell of the county of Weld and State of Colorado, being of sound mind and memory, hereby revoking all former wills, do hereby make, publish and declare this my last will and testament as follows, to wit:

FIRST:
It is my will that my just debts be first paid out of my estate and all funeral expenses and the expense of erecting a suitable monument at my grave.

SECOND:
I give, devise and bequeath to my beloved wife Ann Bracewell one half of my estate real personal and mixed and wherever situated, to be paid to her from the proceeds of the sale of my property as hereinafter provided. In addition thereto it is my will that she should have her widow’s allowance as by law provided, also the sum of five hundred dollars for her immediate necessities to be paid to her out of the first money derived from sale of property or rents. I also give her all my household goods and furniture and books and other household effects.

THIRD:
I give devise and bequeath to my son Robert W Bracewell of Earby, Via Colne, Lancashire, England one fourth of my property and estate to be paid to him as hereinafter provided.

FOURTH:
I give devise and bequeath to my son Walter H Bracewell of Gargrave, Via Leeds, Yorkshire, England one fourth of my property and estate IN TRUST to hold and invest the same and pay to my daughter Annie Elizabeth Mallinson of Southwell, England, the income thereof annually during her natural life. In case such income is not sufficient to keep and maintain her in comfort then it is my will that the said trustee shall use so much of the principle of said trust fund as may be necessary to maintain her in comfort. Upon her death I direct said trustee or his successor to pay over any proportion of such trust fund remaining to Reginald Mallinson, son of Annie Elizabeth Mallinson and I hereby devise to him the remainder of such trust fund. Said property hereby devised shall be paid to said trustee as herein provided. In case said Annie Elizabeth Mallinson shall need money said trustee shall pay it to her in weekly or monthly instalments as her needs require.

FIFTH:
I have other children, namely C W Bracewell, Edgar H Bracewell, Carrie Stables and Walter H Bracewell but it is my will that they take no portion of my estate save the sum of one dollar each which I hereby give to them.

SIXTH:
It is my will that my said property and estate be distributed and paid to the several beneficiaries herein before named in money and to that end I hereby authorise and empower the executors of this my will or the survivors of them and whoever executes this will, to sell and dispose of all my property real, personal and mixed and execute all necessary instruments and deeds of conveyance therefor, which shall vest in said purchaser all my title to the property. Said sales shall be made as soon as practical after my death, due regard being had to obtain the best price therefor but said sales need not be made within one year from my death. Said sales shall be made under the power herein granted and not under the law or Decree from the Probate or County Court. When said sales are made, the purchase price shall be paid and distributed in cash to the beneficiaries above named and as above stated. In case a portion of the property is sold and other portions remain unsold, then distribution shall be made of the portion sold to the end that my said wife and daughter may not lack means for their support. Said sales shall be made at such prices as my said executors shall deem best.

SIXTH:
I hereby nominate and appoint I W Bennett of Fort Collins, Lorimer County, Colorado and William Mahood of Windsor, Weld County, Colorado and the survivors of them, executors of this my will, and it is my will that they be not required to give bonds as such. In witness whereof I have hereunto subscribed my name this 20th day of October A.D. 1904.

Signature and seal of Christopher Bracewell.

The above and foregoing instrument was by the said Christopher Bracewell at the date thereof signed, sealed and acknowledged and declared by him to be his last will and testament in our presence and in the presence of each other have hereunto subscribed our names as subscribing witnesses thereto.

Charles D Todd, Greeley, Colorado.
Margaret McCullough, Greeley, Colorado.
Wilson H Henderson, Greeley, Colorado.

There follows a subscript at right angles across the foot of the page which is partial but at best sight reads as follows:

Christopher Bracewell.
Sealed for probate this 5th day of November AD 1904 and hearing thereon set for ? the 19th day of November AD 1904 as and ?? 10 am of the said day. Charles E Southord(?) Judge.

Recorded this 9th day of November AD 1904 in the record of wills book, pages 32-33. ?? Clerk.

Submitted to probate and ??? this 19th day of November AD 1904.

On a separate sheet:

A form of petition for probate submitted by Ann Bracewell in the matter of the last will and testament of Christopher Bracewell before Judge Charles E Southord(?).

Date of death given as 26th October 1904. Names witnesses as in will and gives a list of Beneficiaries as follows:

Ann Bracewell, Greeley, Colorado, widow.
Robert W Bracewell, Earby Via Colne, Lancashire, England, Son.
Annie Elizabeth Mallinson. Southwell, England. Daughter.
Edgar H Bracewell, address unknown, son
C W Bracewell, Greeley, Colorado. Son.
Walter H Bracewell, Gargrave, Yorkshire, England. Son.
Carrie Stables, same as above to be forwarded, London, England. Daughter.
Reginald Mallinson, Liverpool, England.
All of said parties are of full age.

This petition further shows that the said Christopher Bracewell died seized and possessed of Real Estate as follows, to-wit: East half of South West quarter and the East 66 acres of the West half of South East quarter of Section 30 and North East quarter of North West quarter of Section 31. All in ? 6 N. of R65 West, Weld County Colorado and ? for said real estate being estimated to be worth about Fifteen thousand dollars; the rents, issues and profits therefrom being estimated to be worth about Six hundred dollars; that the personal estate consists chiefly of the following, to-wit, horses, cattle and household goods, all of the said personal estate being estimated to be worth about Two thousand dollars.


On a separate sheet:

Notice to non-resident heirs.

State of Colorado
County of Weld. In the County Court.

In the matter of the probate of the last will and testament of Christopher Bracewell deceased.

The People of the State of Colorado, to Robert W Bracewell of Earby, Via Colne, Lancashire, England. Walter H Bracewell of Gargrave Via Leeds, Yorkshire England. Annie Elizabeth Mallinson of Southwell, England. Reginald Mallinson of Liverpool, England. Carrie Stables of London, England. Edgar H Bracewell, address unknown but last heard of in the State of Oregon, Greetings:-

You and each of you are hereby notified that upon the 5th day of November AD 1904, a paper purporting to be the last will and testament of Christopher Bracewell deceased, late of Weld County and State of Colorado, who died on or about the 26th day of October AD 1904 at his residence in said county was presented to said court by his widow Ann Bracewell, praying that the said will be admitted to probate as by law provided. That by said will the sum of one dollar each is bequeathed to said Walter H Bracewell, C W Bracewell, Edgar H Bracewell and Carrie Stables. One half of the residue of said estate is divised [sic] to Ann Bracewell, plus widow’s allowance, all household goods and the sum of $500; one fourth of the residue of said estate to Robert W Bracewell and one fourth to Walter H Bracewell in trust for Annie Elizabeth Mallinson. Remainder, if any to Reginald Mallinson. By said will I W Bennett and William Mahood are appointed executors with power to sell all the property and distribute the proceeds as above stated. The said estate consists of a farm containing about 166 acres and valued at about $15,000 and personal property consisting chiefly of horses and cattle valued at about $2,000.

[End of copy documents]

Transcribed by SCG/02 February 2004

[Stanley]

Bumped to accompany the Bracewell Story.