Ancestors of Christopher John Augustine Morry

Nicholas Brand

Sex: M

Individual Information

Birth Date: Cir 1605 - Topsham, Devon, England ⁴⁷⁷ Christening: Death: Burial: 16 May 1678 - Topsham, Devon, England ⁴⁷⁷ Cause of Death:

Spouses and Children

1. Living Children: 1. Henry Brand

Dr. Nicholas Brand

Sex: M

Individual Information

Birth Date: Cir 1761 - Topsham, Devon, England ²⁹² ^,1636 Christening: Death: 16 Nov 1851 - Topsham, Devon, England ( about age 90) ⁹³⁵ ^,2397 Burial: Cause of Death:
Events
• Occupation: Surgeon, Topsham, Devon, England.
• Alt. Birth: Cir 1760, Topsham, Devon, England.
• Alt. Birth: Cir 1761, Devonshire, England.
• Alt. Birth: Cir 1761, Topsham, Devon, England.
• Appointment: JPs Robert Carter, Henry Sweetland and Nicholas Brand, 10 Oct 1790, Ferryland, Newfoundland and Labrador, Canada. Robert Carter made Keeper of the Rolls.
• Court: Catherine Ondle vs John Murry Sr. - paternity case, 3 Apr 1791, Ferryland, Newfoundland. (Judge)
• Appointment: JPs Robert Carter and Nicholas Brand, 14 Sep 1792, Ferryland, Newfoundland and Labrador, Canada. 149-150

14 Sept. 1792

Gov. King

Robert Carter

Appoints Robert Carter, Capt. Manley, HMS Syren, Nicholas Brand, and Peter Romney as Justices of the Peace for the district of Ferryland. Requests Carter to send regular correspondence outlining inhabitants, their denominations, and the state of the fishery. (See D'Alberti transcript, Vol. 4, p. 217).
• Occupation: Justice of the Peace, Between 1794 and 1800, Ferryland, Newfoundland and Labrador, Canada.
• Census: 1800 Census of Ferryland, Household of Nicholas and Ann Brand, 1800, Ferryland, Newfoundland and Labrador, Canada. Including children Henry, 4 and Anna Maria, 2

He had one servant named Denis Whelan. Since he was a doctor and not involved in the fishery directly, this must have been a handyman around the house.
• Residence: 1800-1811, Ferryland, Newfoundland and Labrador, Canada.
• Property: In possession of John Benger's Plantation and Fishing Room for Meadowing and Gardens, 1808, Ferryland, Newfoundland and Labrador, Canada.
• Property: Owned Moxham's Field, site of a former lime kiln, Cir 1833, Topsham, Devon, England.
• Census: 1841 England, Broadway House, 1841, Topsham, Devon, England. (Household Member)
• Census: 1841 England, Broadway House, 1841, Topsham, Devon, England.
• Residence: 1841, Topsham, Devon, England.
• Property: Held a grant to 10 acres +, 1 Oct 1847, Aquaforte, Newfoundland and Labrador, Canada. Brand
Nicholas
Aquafort
10 - 3 - 29 (A - R - P)
1847 01-Oct
737 JHAN (Journal of the House of Assembly) Grant #
SDC-2 App. (Southern District Court) Vol. #
383 186 Folio Page
.
• Will: 23 Dec 1848, Topsham, Devon, England. 180621:

Here is the transcript of his will from NGB:

Nicholas Brand
Will of Nicholas Brand from Newfoundland Will books Volume 2 Pages 119 to 126, Probate year 1854 From Newfoundland's Grand Banks website Page Contributed by Judy Benson & Ivy F. Benoit Page Revised by Ivy F. Benoit (Thursday May 29, 2008 ADT)

In re Nicholas Brand deceased. This is the last will and testament of me Nicholas Brand of Topsham in the County of Devon Gentleman I give and devise unto my son in law Francis William Lock Ross and his heirs all those my two fields called Butt Park and Taylors Lane Close containing about ten acres situated in the Parish of Topsham aforesaid and now in the occupation of the said Francis William Lock Ross to and for the uses intents and purposes following that is to say to the use intent and purpose that Arquilla Phillips now of Topsham aforesaid Widow formerly a servant of my late deceased sister Mary Brand might have receive and take and that there shall be issuing and payable thereout unto the said Arquilla Phillips during her natural life one annuity or yearly rent of fifteen pounds by four quarterly payments on Lady Day, Midsummer day, Michaelmas Day and Christmas Day in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and subject thereto To such uses upon and for such trusts and to and for such uses intents and purposes generally and in such manner and form as my said son in law Francis William Lock Ross shall at any time or times after my decease and from time to time by any deed or deeds to be by him signed sealed and delivered in the presence of and attested by two or more credible witnesses or by his last will and testament or any codicil thereto direct limit or appoint give or devise the same and in default of and until any such appointment gift or devise and so far as any shall not extend To the use of the said Francis William Lock Ross and his assigns during his natural life without impeachment for any manner of waste and from and immediately after his decease (and subject to any such appointment as aforesaid) To the use of my daughter Anna Maria the wife of the said Francis William Lock Ross her heirs and assigns for ever And I declare my will to be that the aforesaid annual sum or rent hereinbefore provided for the said Arquilla Phillips is so provided and shall be accepted by her in satisfaction substitution and discharge of an annuity of fifteen pounds given to her by the will of my said sister Mary Brand late of Topsham aforesaid Spinster for which annuity I am liable to the payment as the residuary legatee of my said sister I give unto my friend Mr. Thomas Angel late of Dartington but now of Totnes in the County of Devon Gentleman the sum of nineteen pounds and nineteen shillings as an acknowledgment of for many good offices he has done for me I give and devise unto the said Francis William Lock Ross and my grandson John Ingram Brand their heirs and assigns All real estate (whatsoever (not before devised) of which I am seized of or entitled unto or shall be seized of or entitled unto at the time of my decease and all real estate whatsoever over which I have or shall at the time of my decease have any power of disposition by will and whether in England in Newfoundland or elsewhere to hold the same unto the said Francis William Lock Ross and John Ingram Brand and their heirs To the use upon the trusts and to and for the ends intents and purposes and under and subject to the powers and provisions hereinafter contained that is to say To the use intent and purpose that the said Francis William Lock Ross and John Ingram Brand and the survivor of them his executors administrators and assigns shall and do by and out of the rents and profits thereof levy raise and pay unto my daughter in law Alice Brand the Widow of my deceased son Henry Brand during her natural life as the same shall become due one annuity or yearly sum of fifty pounds (free of legacy duty) which I direct to be paid out of my personal estate by four quarterly payments on Lady Day Midsummer Day Michaelmas Day and Christmas Day in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and I declare my will to be that the said Alice Brand shall have no power of anticipation or alienation over the said annuity but that it shall be paid into her own hands for her own personal benefit (or to such persons as she shall after the same shall become due direct by any writing under her hand) for her sole and separate use free from all marital rights controul contracts or engagements of any husband of hers And that her receipt alone or of the persons to whom she shall in manner aforesaid direct the same to be paid shall whether she shall be sole or covert be an absolute receipt and discharge for the same and subject to the payment of the said annuity the said Francis William Lock Ross and John Ingram Brand their heirs and assigns shall stand and be seized of all such real estate and be possessed of all monies which shall arise therefrom or thereby under or by virtue of the following power and trust To the uses and upon the trusts following that is to say as to such real estate To the use of and as to such monies upon trust for such person or persons for such estates and interests upon such trusts and to and for such ends intents and purposes and generally in such manner and form as my said daughter Anna Maria the wife of the said Francis William Lock Ross notwithstanding her present or any future coverture shall from time to time during her life by any deed or deeds with or without power of revocation to be by her signed sealed and delivered in the presence of and attested by one or more credible witness or witnesses or by her last will and testament or any codicil thereto whether covert or sole direct or appoint and in default of and until any such direction or appointment and so far as any such appointment shall not extend to the use of the said Francis William Lock Ross and John Ingram Brand their executors and administrators during the natural life of the said Francis William Lock Ross upon trust to pay the rents profits and income thereof and the interest and income of such monies to arise therefrom as aforesaid respectively as the same shall become due to such persons and for such purposes as my said daughter Anna Maria by any writing under her hand but not in the way of anticipations shall from time to time order or direct and in default of and subject to any such order or direction into her own hands to and for her own sole and separate use free from all marital rights controul contracts or engagements and her receipt alone or of such person or persons to whom my said daughter shall in manner aforesaid order the same to be paid shall be an absolute discharge for all such rents profits and income respectively and subject to the uses trusts powers and purposes aforesaid shall stand seized of all such real estate and monies as aforesaid as to such real estate to the use of my said daughter Anna Maria Ross her heirs and assigns And as to such monies upon trust for my said daughter absolutely if she shall survive her said husband but if she should die in his lifetime then upon trust for the next of kin of my said daughter to the exclusion of her said husband I give and bequeath unto the said Francis William Lock Ross and John Ingram Brand their executors administrators and assigns all chattel real estate lands and tenements whatsoever and wheresoever of which I shall die possessed or entitled unto or over which I have or shall possess any power of disposition by will to hold the same unto the said Francis William Lock Ross and John Ingram Brand their executors administrators and assigns for all my estate and interest therein respectively or for all such estates terms and interests as I have power to dispose of upon all and every the like trusts and under and subject to all and every the like powers or authorities and to and for the like ends intents and purposes as will best and nearest correspond with the uses trusts powers and authorities ends intents and purposes hereinbefore declared of and concerning my said real estate regard being had to the different natures and qualities thereof Provided always and I declare my will to be that if my said daughter Anna Maria Ross or her appointees or her heirs executors administrators or assigns shall at any time during the life of the said Alice Brand purchase or cause to be purchased in the names of the said Francis William Lock Ross and John Ingram Brand or of the survivor of them or in the names or name of the Trustees or Trustee for the time being of this my will such a sum of consolidated Bank Annuities or any other of the Government funds of Great Britain the dividends whereof at the time of such purchase shall be sufficient to answer and pay the said annuity of fifty pounds or shall with the consent of the said Alice Brand procure an annuity of fifty pounds to be granted to the said Trustees or Trustee for the time being either by the Commissioners for the reduction of the National Debt under the Act or Acts enabling them to grant Life Annuities or by any incorporated or associated Society for granting annuities during the life of the said Alice Brand and shall declare the trusts of such funds or of the dividends thereof or of the said annuity so to be granted as aforesaid in like manner as hereinbefore declared concerning the payment of the said Annuity hereinbefore made payable out of the rents and profits of my said real estate for the benefit of the said Alice Brand then and in either of such cases the said annuity hereinbefore made payable out of my said real and chattel real estate shall no longer be a charge upon my said real and chattel real estate or any part thereof but such charge or trust shall there-upon cease and determine I give and bequeath unto the said Francis William Lock Ross and Anna Maria his wife all personal estate whatsoever and wheresoever of which I am or shall at the time of my decease be possessed or entitled unto or over which I have or shall at my decease possess any power of disposition by this my will upon trust that they or the survivor of them his executors administrators or assigns shall and do so soon as can be after my decease call and get in sell and dispose of and convert the whole thereof into money and after paying thereout my just debts funeral and testamentary expenses and the legacy hereinbefore given to the said Thomas Angel shall and do invest the residue thereof in their names or name in or upon the Government stocks or funds of Great Britain or at interest on the security of any real or chattel real lands tenements or other hereditaments in England such chattels real being held for absolute terms of years of which at the time of investment there shall be at least sixty years unexpired And do and shall stand possessed of all such stocks funds and securities as also all like stocks funds or securities which at my decease shall constitute any part of the personal estate and effects expressed and intended to be hereby bequeathed and disposed of subject nevertheless to their providing for the payment thereout of the sum of four hundred pounds for which I am liable to provide and pay under the will of my said sister Mary Brand as her residuary legatee upon and after the death of the said Arquilla Phillips Upon all and every the like trusts and under and subject to the like powers and authorities and to and for the like ends intents and purposes as will best and nearest correspond with the uses trusts powers and authorities ends intents and purposes hereinbefore declared of and concerning my said real estate regard being had to the different natures and qualities thereof And I hereby empower the respective Trustees or Trustee for the time being of this my will at any time or times and from time to time during the life and with the consent of the said Anna Maria Ross to call in alter vary change transpose and convert all or any such stocks funds and securities as shall be subject to the trusts of this my will when and as often and in such manner as the said Trustees or Trustee with such consent as aforesaid shall think proper or expedient I also empower the said Trustees or Trustee for the time being of this my will during the lifetime of the said Anna Maria Ross or the lifetime of the said Alice Brand whilst her said annuity shall continue a charge upon my said real and chattel real estate with the consent of the said Anna Maria Ross during her life to demise or lease any real or chattel real lands tenements or hereditaments whatsoever for the time being subject to the trusts of this my will to any person or persons for any term or terms of years not exceeding twenty one years in possession or to commence within six calendar months from the making thereof at rack rent without taking any fine or foregift for the raking thereof and subject to such stipulations and agreements with the tenant or lessee thereof as the said trustees or trustee shall think fit and consent to And I hereby declare that the receipt or receipts of the acting trustees or trustee for the time being of or under this my will for any money payable to them or him under the trusts powers or authorities of this my will shall effectually discharge the person or persons paying the same respectively from being answerable or accountable for the misapplication or nonapplication thereof or from being obliged to see to the application thereof I give and devise all estates whatsoever solely vested in me as a trustee or mortgagee unto the said Francis William Lock Ross absolutely according to the nature and quality thereof respectively subject to the same trusts and equities respectively upon or subject to which respectively the same are or may be vested in me Provided always and I hereby declare that if either of the said Trustees severally hereinbefore named shall die in my lifetime or if they or either of them or any trustee or trustees to be appointed as hereinafter mentioned shall after my decease die or be desirous of being discharged or refuse or decline or become incapable to act in the trusts of this my will or shall at any time be or have been absent from England for the space of three calendar months or upwards at any one time before the same shall be fully executed or upon any other event which my said daughter shall deem expedient then and in any or either of such cases and so often as the same shall happen the said Anna Maria Ross during her life and notwithstanding her coverture and after her decease the continuing Trustee for the time being in England (if any) and for the purposes of this power a Trustee desirous of being discharged or refusing or declining to act shall be deemed a continuing Trustee and if there shall be none such then the executors or administrators of the last deceased Trustee may appoint any other person or persons without regard to number to be a Trustee or Trustees in the stead of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or being absent as aforesaid And upon every such appointment all the trust estates monies and premises shall be so conveyed assigned and transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require To the uses upon the trusts and with under and subject to the powers and authorities in this my will contained of and concerning the same respectively or such of them as shall be then subsisting and every such new Trustee or Trustees shall (either before or after the said trust promises shall have become so vested) have all and every the same powers authorities and discretions in all respects as if he or they had been originally appointed in and by this my will and I hereby declare that the Trustees or Trustee for the time being of this my will shall be chargeable respectively only for such monies as they or he shall actually receive and shall not be answerable or accountable the one for the other of them nor for any Banker or Broker or other person in whose hands any part of the said trust monies or funds shall or may be placed nor for the insufficiency or deficiency if any security or securities stocks or funds nor otherwise for any involuntary losses and also that the said Trustees or Trustee may reimburse himself and themselves respectively and also to allow to his and their co-trustee out of the trust monies and funds all costs charges damages and expenses which they or any of them shall or may expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto And I hereby appoint the said Francis William Lock Ross and my said daughter Anna Maria Ross executor and executrix of this my will and revoke all former wills and testamentary dispositions. In witness whereof I the said Nicholas Brand have at the foot or end of this my will and at the foot of each sheet subscribed my name this twenty third day of December in the year of our Lord one thousand eight hundred and forty eight. Nichs Brand (LS) Signed and published by the said Nicholas Brand as and for his last will and testament in the presence of us who being all present together with the said testator at the same time in his presence at his request and in the presence of each other have subscribed our names and attested the same as witnesses thereto the following words having been written on erasures before the execution of the said will by the said testator namely the words "all chattel real" in the twenty second line of the third sheet part of the word disposition in the twenty first line of the fourth sheet and the word "for" in the twenty third line of the sixth page. John Daw, Solr. Exeter. David Dyke, Servant to Mr. Ross, Topsham. Abm. Cooper, Servant to Mr. Ross, Topsham. Certified correct, D. M. Browning Registrar.
• Census: 1851 Census, 30 Broadway House, Landed Proprietor, 1851, Topsham, Devon, England. (Household Member)
• Census: 1851 Census, 30 Broadway House, Landed Proprietor, 1851, Topsham, Devon, England.
• Residence: 1851, Topsham, Devon, England.
• Alt. Death: Cir 1854, Topsham, Devon, England.

Parents

Father: Henry Brand ⁹³⁵ Mother: Martha Bond ⁹³⁵ ^,2244

Spouses and Children

1. *Ann Hill Marriage: Bef 1796 - Ferryland, Newfoundland and Labrador, Canada Marriage Notes

230621:

There is great uncertainty as to the marriage of Anna Maria Hill and Nicholas Brand. Jean Carter Stirling's family history notes have a daughter of Sam Hill and Anne Carter named Maria Hill marrying a Henry Brand of Topsham, which would be the brother of Nicholas. But the will of Nicholas makes it almost certain that he was the husband and not his brother.
Children: 1. Henry Brand 2. Anna Maria Brand

Notes
General:

101109: I am changing this person's Christian name today because it seems clear from the baptismal records of children Henry and Anna Maria at the Anglican Cathedral in St. John's that the father's name was Nicholas and not Henry.

130810 from Penny Findlay (broomvale@orange.fr): "Brand was a surgeon born in Topsham about 1761. He inherited property there from his brother in 1815, and seems to have spent a lot of time there. On 17th July, 1820, Nicholas Brand and Sarah Ball were the witnesses at the marriage of his daughter, Anna Maria, to Francis William Locke Ross."

210614:
Jean Carter Stirling notes in her family tree records that he came to Ferryland permanently in 1803 at the age of 13 citing his Journal as a source, but I have calculated the actual date from what he says in the journal and the date of his arrival should be 13 April 1804. He would still have been 13 at that time.

020714:

Jean Carter Stirling records these notes pertaining to a "Robert H. Carter". None of the Roberts was known to have H as a second initial but of any of them this one is the most likely since his sister, Eliza, took her mother's name, Howe, as a middle name and he may have done so as well. His father and grandfather do not seem good matches because they were both dead long since at the time of this dedicatgion. That said, there is no apparent connection between him and the donor, Nicholas Brand, which is odd. Perhaps he was his godfather.

1865
Beer Tankard, embossed and inscribed:
"Presented as a token of Respect to
the memory of
Mr. R.H. Carter
being the request of the late
NICHOLAS BRAND
by his daughter, A. M. ROSS
April 11,1865"

[Ed.Note: TO MY PERSONAL KNOWLEDGE:]
The care of this tankard has progressed through the Carter
family. In my time,(1930's) it belonged to:
1 James Charles Carter, my grandfather
2 to his daughter my Mother, Helen Morison
Fox.
In 1951 at her death to her son my
3 brother, Ernest Arthur Fox.
Ernest, upon request, passed it to
Bertram Ellis, adopted son of his childless aunt Alice Pitman, and her
husband, my grandfather's brother, Frederick Carter.
While in the care of Bertram Ellis, it was evaluated by Birks, Oct. 7,1963 as follows:
"One only sterling silver tankard Hallmarked London, 1748 by Humphrey
Payne: handle, spout and chasing supplied at a later date. $385.00"
[Ed: As of Oct.'92,1 know this tankard to be in the care of Mrs. Joan (nee
Hickman) Herder, widow of my first cousin, Hubert Herder, who was the
same relation to R. H. CARTER on the tankard as are my brother Ernest, and
I, great-great grandchildren. It is in her keeping for her grandson Jonathan
Gushue.]

030714 Jean added this:

Chris, we missed the clue that is in the inscription - "TO THE MEMORY OF ……"
Nicholas Brand died in Nov. 1851 at the age of 90, and Robert III was still alive. The daughter Mrs. Ross certainly took her time getting around to it, 1865!!!!! Seems possible that old Nick meant Robert III, but by the time his wishes got carried out, no one was sure about the details.
Nicholas had business dealings with the Carters in Ferryland while he was in Topsham, I have a quote from a Government paper….
"March 28m 1839 - I, Nicholas Brand of Topsham in the County of Devon ….appoint James Howe Carter of Ferryland, Nfld. Merchant, Power of Attorney….
Jean

and this:

Hi, Chris
You had thought there was no apparent connection between Nick and the diarist …. but there is the added connection of course that Nicholas Brand's wife (Anna Marie/Maria Hill) was first cousin to Robert III….. Anne Carter (Hill) and Robert Carter II being siblings.
I guess that really is all I can add!!!! xx Jean

050916:
There is a very large grant of land on the beginning of the Downs adjacent to the Pool (though indicated on the grant as being in Aquaforte) which was taken out by Nicholas Brand in 1848. This is strange because he was then in Topsham and had little if any interest in Ferryland anymore at that time. I'm wondering if he was taking it on pure speculation because, despite the fact that it had apparently never been the subject of a grant previously, it was in a very desirable location then as now. See a transcript of the grant in the Media Gallery.

060916:
It appears that, during the period of his being in England in early 1839, James Howe Carter was given a Power of Attorney by Nicholas Brand which was subsequently recorded at the Southern District Court upon his return to Ferryland. This would appear to indicate that Nicholas Brand had at this time determined that he would remain in England and have Carter carry out his business transactions for him in Newfoundland.

A transcript of the Power of Attorney is found in the Media Gallery.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

180621:

Here is the transcript of his will from NGB:

Nicholas Brand
Will of Nicholas Brand from Newfoundland Will books Volume 2 Pages 119 to 126, Probate year 1854 From Newfoundland's Grand Banks website Page Contributed by Judy Benson & Ivy F. Benoit Page Revised by Ivy F. Benoit (Thursday May 29, 2008 ADT)

In re Nicholas Brand deceased. This is the last will and testament of me Nicholas Brand of Topsham in the County of Devon Gentleman I give and devise unto my son in law Francis William Lock Ross and his heirs all those my two fields called Butt Park and Taylors Lane Close containing about ten acres situated in the Parish of Topsham aforesaid and now in the occupation of the said Francis William Lock Ross to and for the uses intents and purposes following that is to say to the use intent and purpose that Arquilla Phillips now of Topsham aforesaid Widow formerly a servant of my late deceased sister Mary Brand might have receive and take and that there shall be issuing and payable thereout unto the said Arquilla Phillips during her natural life one annuity or yearly rent of fifteen pounds by four quarterly payments on Lady Day, Midsummer day, Michaelmas Day and Christmas Day in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and subject thereto To such uses upon and for such trusts and to and for such uses intents and purposes generally and in such manner and form as my said son in law Francis William Lock Ross shall at any time or times after my decease and from time to time by any deed or deeds to be by him signed sealed and delivered in the presence of and attested by two or more credible witnesses or by his last will and testament or any codicil thereto direct limit or appoint give or devise the same and in default of and until any such appointment gift or devise and so far as any shall not extend To the use of the said Francis William Lock Ross and his assigns during his natural life without impeachment for any manner of waste and from and immediately after his decease (and subject to any such appointment as aforesaid) To the use of my daughter Anna Maria the wife of the said Francis William Lock Ross her heirs and assigns for ever And I declare my will to be that the aforesaid annual sum or rent hereinbefore provided for the said Arquilla Phillips is so provided and shall be accepted by her in satisfaction substitution and discharge of an annuity of fifteen pounds given to her by the will of my said sister Mary Brand late of Topsham aforesaid Spinster for which annuity I am liable to the payment as the residuary legatee of my said sister I give unto my friend Mr. Thomas Angel late of Dartington but now of Totnes in the County of Devon Gentleman the sum of nineteen pounds and nineteen shillings as an acknowledgment of for many good offices he has done for me I give and devise unto the said Francis William Lock Ross and my grandson John Ingram Brand their heirs and assigns All real estate (whatsoever (not before devised) of which I am seized of or entitled unto or shall be seized of or entitled unto at the time of my decease and all real estate whatsoever over which I have or shall at the time of my decease have any power of disposition by will and whether in England in Newfoundland or elsewhere to hold the same unto the said Francis William Lock Ross and John Ingram Brand and their heirs To the use upon the trusts and to and for the ends intents and purposes and under and subject to the powers and provisions hereinafter contained that is to say To the use intent and purpose that the said Francis William Lock Ross and John Ingram Brand and the survivor of them his executors administrators and assigns shall and do by and out of the rents and profits thereof levy raise and pay unto my daughter in law Alice Brand the Widow of my deceased son Henry Brand during her natural life as the same shall become due one annuity or yearly sum of fifty pounds (free of legacy duty) which I direct to be paid out of my personal estate by four quarterly payments on Lady Day Midsummer Day Michaelmas Day and Christmas Day in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and I declare my will to be that the said Alice Brand shall have no power of anticipation or alienation over the said annuity but that it shall be paid into her own hands for her own personal benefit (or to such persons as she shall after the same shall become due direct by any writing under her hand) for her sole and separate use free from all marital rights controul contracts or engagements of any husband of hers And that her receipt alone or of the persons to whom she shall in manner aforesaid direct the same to be paid shall whether she shall be sole or covert be an absolute receipt and discharge for the same and subject to the payment of the said annuity the said Francis William Lock Ross and John Ingram Brand their heirs and assigns shall stand and be seized of all such real estate and be possessed of all monies which shall arise therefrom or thereby under or by virtue of the following power and trust To the uses and upon the trusts following that is to say as to such real estate To the use of and as to such monies upon trust for such person or persons for such estates and interests upon such trusts and to and for such ends intents and purposes and generally in such manner and form as my said daughter Anna Maria the wife of the said Francis William Lock Ross notwithstanding her present or any future coverture shall from time to time during her life by any deed or deeds with or without power of revocation to be by her signed sealed and delivered in the presence of and attested by one or more credible witness or witnesses or by her last will and testament or any codicil thereto whether covert or sole direct or appoint and in default of and until any such direction or appointment and so far as any such appointment shall not extend to the use of the said Francis William Lock Ross and John Ingram Brand their executors and administrators during the natural life of the said Francis William Lock Ross upon trust to pay the rents profits and income thereof and the interest and income of such monies to arise therefrom as aforesaid respectively as the same shall become due to such persons and for such purposes as my said daughter Anna Maria by any writing under her hand but not in the way of anticipations shall from time to time order or direct and in default of and subject to any such order or direction into her own hands to and for her own sole and separate use free from all marital rights controul contracts or engagements and her receipt alone or of such person or persons to whom my said daughter shall in manner aforesaid order the same to be paid shall be an absolute discharge for all such rents profits and income respectively and subject to the uses trusts powers and purposes aforesaid shall stand seized of all such real estate and monies as aforesaid as to such real estate to the use of my said daughter Anna Maria Ross her heirs and assigns And as to such monies upon trust for my said daughter absolutely if she shall survive her said husband but if she should die in his lifetime then upon trust for the next of kin of my said daughter to the exclusion of her said husband I give and bequeath unto the said Francis William Lock Ross and John Ingram Brand their executors administrators and assigns all chattel real estate lands and tenements whatsoever and wheresoever of which I shall die possessed or entitled unto or over which I have or shall possess any power of disposition by will to hold the same unto the said Francis William Lock Ross and John Ingram Brand their executors administrators and assigns for all my estate and interest therein respectively or for all such estates terms and interests as I have power to dispose of upon all and every the like trusts and under and subject to all and every the like powers or authorities and to and for the like ends intents and purposes as will best and nearest correspond with the uses trusts powers and authorities ends intents and purposes hereinbefore declared of and concerning my said real estate regard being had to the different natures and qualities thereof Provided always and I declare my will to be that if my said daughter Anna Maria Ross or her appointees or her heirs executors administrators or assigns shall at any time during the life of the said Alice Brand purchase or cause to be purchased in the names of the said Francis William Lock Ross and John Ingram Brand or of the survivor of them or in the names or name of the Trustees or Trustee for the time being of this my will such a sum of consolidated Bank Annuities or any other of the Government funds of Great Britain the dividends whereof at the time of such purchase shall be sufficient to answer and pay the said annuity of fifty pounds or shall with the consent of the said Alice Brand procure an annuity of fifty pounds to be granted to the said Trustees or Trustee for the time being either by the Commissioners for the reduction of the National Debt under the Act or Acts enabling them to grant Life Annuities or by any incorporated or associated Society for granting annuities during the life of the said Alice Brand and shall declare the trusts of such funds or of the dividends thereof or of the said annuity so to be granted as aforesaid in like manner as hereinbefore declared concerning the payment of the said Annuity hereinbefore made payable out of the rents and profits of my said real estate for the benefit of the said Alice Brand then and in either of such cases the said annuity hereinbefore made payable out of my said real and chattel real estate shall no longer be a charge upon my said real and chattel real estate or any part thereof but such charge or trust shall there-upon cease and determine I give and bequeath unto the said Francis William Lock Ross and Anna Maria his wife all personal estate whatsoever and wheresoever of which I am or shall at the time of my decease be possessed or entitled unto or over which I have or shall at my decease possess any power of disposition by this my will upon trust that they or the survivor of them his executors administrators or assigns shall and do so soon as can be after my decease call and get in sell and dispose of and convert the whole thereof into money and after paying thereout my just debts funeral and testamentary expenses and the legacy hereinbefore given to the said Thomas Angel shall and do invest the residue thereof in their names or name in or upon the Government stocks or funds of Great Britain or at interest on the security of any real or chattel real lands tenements or other hereditaments in England such chattels real being held for absolute terms of years of which at the time of investment there shall be at least sixty years unexpired And do and shall stand possessed of all such stocks funds and securities as also all like stocks funds or securities which at my decease shall constitute any part of the personal estate and effects expressed and intended to be hereby bequeathed and disposed of subject nevertheless to their providing for the payment thereout of the sum of four hundred pounds for which I am liable to provide and pay under the will of my said sister Mary Brand as her residuary legatee upon and after the death of the said Arquilla Phillips Upon all and every the like trusts and under and subject to the like powers and authorities and to and for the like ends intents and purposes as will best and nearest correspond with the uses trusts powers and authorities ends intents and purposes hereinbefore declared of and concerning my said real estate regard being had to the different natures and qualities thereof And I hereby empower the respective Trustees or Trustee for the time being of this my will at any time or times and from time to time during the life and with the consent of the said Anna Maria Ross to call in alter vary change transpose and convert all or any such stocks funds and securities as shall be subject to the trusts of this my will when and as often and in such manner as the said Trustees or Trustee with such consent as aforesaid shall think proper or expedient I also empower the said Trustees or Trustee for the time being of this my will during the lifetime of the said Anna Maria Ross or the lifetime of the said Alice Brand whilst her said annuity shall continue a charge upon my said real and chattel real estate with the consent of the said Anna Maria Ross during her life to demise or lease any real or chattel real lands tenements or hereditaments whatsoever for the time being subject to the trusts of this my will to any person or persons for any term or terms of years not exceeding twenty one years in possession or to commence within six calendar months from the making thereof at rack rent without taking any fine or foregift for the raking thereof and subject to such stipulations and agreements with the tenant or lessee thereof as the said trustees or trustee shall think fit and consent to And I hereby declare that the receipt or receipts of the acting trustees or trustee for the time being of or under this my will for any money payable to them or him under the trusts powers or authorities of this my will shall effectually discharge the person or persons paying the same respectively from being answerable or accountable for the misapplication or nonapplication thereof or from being obliged to see to the application thereof I give and devise all estates whatsoever solely vested in me as a trustee or mortgagee unto the said Francis William Lock Ross absolutely according to the nature and quality thereof respectively subject to the same trusts and equities respectively upon or subject to which respectively the same are or may be vested in me Provided always and I hereby declare that if either of the said Trustees severally hereinbefore named shall die in my lifetime or if they or either of them or any trustee or trustees to be appointed as hereinafter mentioned shall after my decease die or be desirous of being discharged or refuse or decline or become incapable to act in the trusts of this my will or shall at any time be or have been absent from England for the space of three calendar months or upwards at any one time before the same shall be fully executed or upon any other event which my said daughter shall deem expedient then and in any or either of such cases and so often as the same shall happen the said Anna Maria Ross during her life and notwithstanding her coverture and after her decease the continuing Trustee for the time being in England (if any) and for the purposes of this power a Trustee desirous of being discharged or refusing or declining to act shall be deemed a continuing Trustee and if there shall be none such then the executors or administrators of the last deceased Trustee may appoint any other person or persons without regard to number to be a Trustee or Trustees in the stead of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or being absent as aforesaid And upon every such appointment all the trust estates monies and premises shall be so conveyed assigned and transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require To the uses upon the trusts and with under and subject to the powers and authorities in this my will contained of and concerning the same respectively or such of them as shall be then subsisting and every such new Trustee or Trustees shall (either before or after the said trust promises shall have become so vested) have all and every the same powers authorities and discretions in all respects as if he or they had been originally appointed in and by this my will and I hereby declare that the Trustees or Trustee for the time being of this my will shall be chargeable respectively only for such monies as they or he shall actually receive and shall not be answerable or accountable the one for the other of them nor for any Banker or Broker or other person in whose hands any part of the said trust monies or funds shall or may be placed nor for the insufficiency or deficiency if any security or securities stocks or funds nor otherwise for any involuntary losses and also that the said Trustees or Trustee may reimburse himself and themselves respectively and also to allow to his and their co-trustee out of the trust monies and funds all costs charges damages and expenses which they or any of them shall or may expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto And I hereby appoint the said Francis William Lock Ross and my said daughter Anna Maria Ross executor and executrix of this my will and revoke all former wills and testamentary dispositions. In witness whereof I the said Nicholas Brand have at the foot or end of this my will and at the foot of each sheet subscribed my name this twenty third day of December in the year of our Lord one thousand eight hundred and forty eight. Nichs Brand (LS) Signed and published by the said Nicholas Brand as and for his last will and testament in the presence of us who being all present together with the said testator at the same time in his presence at his request and in the presence of each other have subscribed our names and attested the same as witnesses thereto the following words having been written on erasures before the execution of the said will by the said testator namely the words "all chattel real" in the twenty second line of the third sheet part of the word disposition in the twenty first line of the fourth sheet and the word "for" in the twenty third line of the sixth page. John Daw, Solr. Exeter. David Dyke, Servant to Mr. Ross, Topsham. Abm. Cooper, Servant to Mr. Ross, Topsham. Certified correct, D. M. Browning Registrar

Nicholas William Brand

Sex: M

Individual Information

Birth Date: Bef 28 Jan 1828 - Topsham, Devon, England ²³⁹³ Christening: 28 Jan 1828 - Topsham, Devon, England ²³⁹³ Death: Burial: Cause of Death:

Parents

Father: Henry Brand ¹⁴¹ ^,2245 Mother: Alicia Eleanora Elliott ⁹³⁵ ^,2145

Olive Valmai Brand

Sex: F

Individual Information

Birth Date: Cir 1901 ⁹³⁵ Christening: Death: Burial: Cause of Death:

Parents

Father: Francis Robert Brand ⁹³⁵ ^,2395 ^,2404 ^,2405 ^,2406 Mother: Augusta Antonietta Bertha Manthei ⁹³⁵ ^,2404

Wendell Manthei Brand

Sex: M

Individual Information

Birth Date: Cir 1905 - Kalkie, Bundaberg, Queensland, Australia ⁹³⁵ Christening: Death: Cir 1988 - Bundaberg, Queensland, Australia ( about age 83) ⁹³⁵ Burial: Cause of Death:

Parents

Father: Francis Robert Brand ⁹³⁵ ^,2395 ^,2404 ^,2405 ^,2406 Mother: Augusta Antonietta Bertha Manthei ⁹³⁵ ^,2404

Spouses and Children

1. *Dorris Marion Muller ⁹³⁵ Marriage: Children: 1. Jennifer Joan Brand

William Brand

Sex: M

Individual Information

Birth Date: 27 Apr 1777 - Topsham, Devon, England ⁹³⁵ Christening: Death: Burial: Cause of Death:

Parents

Father: Capt. Henry Brand ⁹³⁵ Mother: Margaret Jackson ⁹³⁵

William Brand

Sex: M

Individual Information

Birth Date: Christening: Death: Burial: Cause of Death:

Parents

Father: Charles Hayman Brand ²³⁹⁴ ^,2395 Mother: Elizabeth Elliott ²³⁹⁴ ^,2395

William Bond Brand

Sex: M

Individual Information

Birth Date: Cir 1743 - Topsham, Devon, England ⁹³⁵ Christening: Death: Bef 4 Mar 1747/48 - Topsham, Devon, England ⁹³⁵ Burial: 4 Mar 1747/48 - Topsham, Devon, England ⁹³⁵ Cause of Death:

Parents

Father: Henry Brand ⁹³⁵ Mother: Martha Bond ⁹³⁵ ^,2244 Marriage Did Not Marry

William Comer Brand

Sex: M

Individual Information

Birth Date: 17 Dec 1778 - Topsham, Devon, England ⁹³⁵ Christening: Death: Bef 9 Feb 1779 - Topsham, Devon, England ⁹³⁵ Burial: 9 Feb 1779 - Topsham, Devon, England ⁹³⁵ Cause of Death:

Parents

Father: Comer Brand ⁹³⁵ Mother: Anna Maria Trosse ⁹³⁵ Marriage Did Not Marry

William Trosse Brand

Sex: M

Individual Information

Birth Date: 28 Aug 1777 - Topsham, Devon, England ⁹³⁵ Christening: Death: Bef 7 Jan 1778 - Topsham, Devon, England ⁹³⁵ Burial: 7 Jan 1778 - Topsham, Devon, England ⁹³⁵ Cause of Death:

Parents

Father: Comer Brand ⁹³⁵ Mother: Anna Maria Trosse ⁹³⁵ Marriage Did Not Marry

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