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Will of Samuel Sproule M.D., Born 1774 Tullymoan, Strabane, Co Tyrone, Died 1829

Formerly President of the Medical Board of Bombay in the East Indies.
Transcribed by Faye Logue
Tully, North Queensland, Australia

Samuel Sproule was born at Tullymoan, Urney Parish, Strabane, Co. Tyrone in 1774. Parents Andrew and Martha (nee Sproule) Sproule. He married Eliza Walker (1792-1827) in 1818.

 

This is the last Will and Testament of me Samuel Sproule late a Member of the Medical Board of Bombay in the East Indies. I will if practicable that my remains may be deposited in a Vault and if possible in the one next to my Wife in Trinity church Cheltenham which is already prepared & paid for. The expenses attending my funeral of proving this my Will and also all my just debts I so direct my Executors to pay as soon as -------- after my decease. I do hereby constitute and appoint Major James Rivett Carnac a Director of the East India Company William Crawford Esq of the House of Messrs. Bagott Colvin Crawford & Co of London and Robert Sproule Esq a Barrister of Richmond Place Dublin to be the Executors of this my Will. I give and bequeath the sum of one hundred pounds unto my Brother Robert Sproule of Strabane Ireland and in the event of his death before me I give and bequeath the said sum of one hundred pounds unto his daughter Matilda. I also leave the said Matilda the sum of fifty pounds. I also give and bequeath unto my Brother Andrew Sproule of Tullymoan near Strabane Ireland the sum of three hundred pounds and in the event of his death before me I give and bequeath the said sum to the wife and children of the said Andrew Sproule to be equally divided between them share and share alike. I also give and bequeath unto the Widow of my late Brother William Sproule the sum of fifty pounds if she survives me. I give and bequeath also the sum of fifty pounds to my Cousin Oliver Lecky of Castletown near Strabane. The aforesaid legacies I request my Executors in England to remit to my Relation Robt. Sproule of Dublin and one of the executors of this will to be paid by him to the persons specified and I may here express my wish that the said Robert Sproule so ----- all matters arising from this will that may relate to my Relations in Ireland. I also give and bequeath the sum of two hundred pounds for the for the use of my Nephew Samuel Sproule son of my late Brother William to be applied towards the education and advancement in life of my said Nephew in such a manner as Robert Sproule and my other Executors may think proper. I give and bequeath also the sum of one hundred and fifty pounds to my esteemed sister in law Mrs Major Bawley of Liverpool if she survives me and I direct the several legacies aforesaid with the exception of that for my Nephew Samuel shall be paid six Months after my decease. I request my greatly esteemed friend General Walker of Bawland to accept my Gold Watch with chain and seals (out of the latter ---- ) and as to all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever after payment of my debts funeral and Testamentary charges and legacies I do hereby and bequeath the same unto my said Executors upon trust to be applied as hereafter directed by them the survivors or survivor of them or the Executors or Administrators of such survivors the sum of Twenty five rupees a Month to be paid during her life to a Native Woman of India by name Bhoma now residing at Surat thro’ Messrs Remmington Crawford & Co of Bombay the sum of Two Thousand pounds sterling is to be set apart & invested in the names of my Executors upon Government or real securities in England and the interest thereof to be paid annually during his life to my reputed son Harry Robertson Sproule now living with me at Cheltenham and at his death the sum of two thousand pounds is to be equally divided between his legitimate children and if he shall die without issue my will is that the said sum of two thousand pounds shall again form part of my Residuary Estate after providing for the preceding payments. I give and bequeath the whole residue of my Estate and Effects unto my said Executors and the survivors or survivor of them his Executors or Administrators upon the following trust viz. to apply the interest thereof or a ------- part -- - - for the maintenance education and benefit of my Daughter Ann Jane Sproule during her minority or until she shall be Married under the age of Twenty one years with the consent of my Executors or Executor for the time being and on her Marriage after attaining that age or being Married before it with such consent but not otherwise to pay her the sum of five thousand pounds as soon after as convenient. And as to all the remainder of my said Estate and Effects upon Trust to pay the interest thereof to my said Daughter on her attaining the age of Twenty one years whether Married or unmarried for the term of her natural life and if Married for sole and separate use exclusively of her husband and without being subject or liable to his power control debts or engagements & her ---- about to be a sufficient discharge for the same and from & immediately after her decease in Trust for the eldest son of my said Daughter to be transferred to him on his attaining the age of Twenty one years with power to apply thereof or a respectful part thereof in the meantime for his maintenance and education and in that event of his death before the age of 21 years in trust in like manner & with a like power for the next oldest son of my said Daughter who shall live to attain 21 years but if there shall be no such son then upon Trust for the daughter or Daughters of my said Daughter & if there shall be more than one then to be equally divided between them and to be transferred to her or them on attaining the age of 21 years but if my said daughter should die without leaving --- her surviving them upon trust and after allowing the principal --- trust for administration according to the direction of my Executors or Executor for the time being in the purchase of Lands or other --------- for the oldest legitimate ------ then living of my reputed son Harry Robertson Sproule & the heirs and ----- of such eldest son but if he shall die under the age of 21 years then interest for such one of the sons of my said reputed son as shall first attain that age his heirs or ----- but if there shall be no such son who shall attain that age then in trust for such for one of the sons of my Nephew Robert Sproule of Jamaica (son of my brother Robert) as shall first attain the age of twenty one years his heirs or ------ and if there shall be no such son who shall attain that age his heirs or ------ then upon trust for such out of the sons of my Nephew Samuel Sproule (son of my late Brother William) as shall first attain the age of 21 years his heirs & ------ if there shall be no such son as shall attain that age then in trust for such out of the sons of my Nephew William John Sproule of Tullymoan (son of my Brother Andrew) as shall first attain the age of 21 years his heirs or ------ and if there shall be no such son as shall attain that age upon Trust for such out of the sons of my Nephew James Sproule (Brother of William John Sproule) as shall first attain the age of 21 years his heirs & ---- and in default of such issue in trust for my own right heirs for ever. And I do hereby will and direct that if in any case my Executors shall happen to differ in opinion the matter of such difference shall be ------ by the major part of them my said Executors and be acted upon -------. And I do also direct in case any dispute shall arise with the regard to the disposition of my property the same shall be decided in the same manner and such - - - ------ shall be ----- final. And I do hereby declare my will to be that they any said Executors and their respective Executors & Administrators shall not be a ------ or be chargeable with or for any sum or sums of money other than such as shall actually & respectively ----- to his or their hands by virtue of this my Will. And I do further direct that it shall and may be lawful to and for my said Executors and each and any of them by and out of all or any of the monies which shall ----- to their or any of their hands to direct & reimburse themselves & himself and to allow to his or their Co Executor or Co Executors all such ---- and expenses as they may respectively sustain or be put to in or about the execution of all or any of the Trusts hereby ------ in them. And lastly I do request my Executors and my Brother James Sproule of Jamaica to accept of each the sum of one hundred pounds to purchase a Ring as a memento of me. And I do hereby revoke and make void all former Wills at any time heretofore made and do ----- this out to be my last Will and Testament. In Witness whereof I hereto set and submit my hand and Seal this thirtieth day of January one thousand and twenty eight - S. Sproule – (Seal) – Signed Sealed and delivered in presence of us as Witnesses

Benjm. Phillipps Surgeon 3 Berkeley place – A. Reynolds M.D. 430 High St. – of Cheltenham

(Codicil) 3d

In consequence of the death of my reputed son I desire the sum of seven thousand pounds to be given in place of first to my Daughter Ann Jane Sproule on her Marriage and it is my wish that her eldest son should ---- my surname – S. Sproule – London 11 Wigmore St. 25th April 1829/

1st Codicil

Instructions B

I have a particular wish to have my young Nephew Samuel Sproule only son of my late brother William provided for whom I -------- a favorable opinion of and I request as an as an additional favor of my esteemed and ---- friend Major Carnac to give him an appointment in the Company’s service if in his power. The young man was 15 years of age the 15th Dec. last, is at present at a Classical School in ------ and appears to posses some talent. I should wish him to be placed at a School near London for a year or two which Major Carnac may fix on and all expenses for the education outfit and passage to India for the said Nephew Samuel Sproule. I do hereby authorize and direct my Executors or Executor to pay from my Estate and the legacy of £200 already bequeathed for his use or whatever may remain of that sum to be applied towards this object – S. Sproule – Signed in presence of us – Benjm. Phillipps – A Reynolds

(2nd Codicil)

I intended my reputed son Harry Robertson Sproule to be brought up to law or Medicine but this plan for several reasons I have relinquished & I therefore think some retail line of Business such as a Grocer or being a Clerk in an office would be best suited for him. With this view I propose placing him at a Commercial school for a year and should he eventually ---- on some retail Business I authorize my Executors or Executor as may be provided they or he are decidedly of opinion such maybe employed to advantage to advance the said son Harry Robertson Sproule half or more of the Two Thousand pounds bequeathed in my Will for his use but it is distinctly to be understood that if not in Business I do not wish my said reputed son to get any money except the interest of that sum. I leave it however to the discretion of my Executors or Executor to advance a little money from my own estate for his apprentiship to some retail Business or as an artist should either be determined on but not otherwise. The youth I believe possess upright moral principals and at present is free from any various habit. – S. Sproule – Signed in presence of us Benj. Philipps – A. Reynolds

Appeared Personally James Gathorne Remington of Old Broad Street London Esquire and Robert ------ ---- of the same place Gent and make oath that they know and were well acquainted with Samuel Sproule formerly president of the Medical Board of Bombay in the East Indies but late of Cheltenham in the County of Gloucester Esquire deceased and also with his manner and character of handwriting and subscription having often seen him write and subscribe his name and having now viewed & ------ the paper writings hereunto annexed purporting to be and ---- the last Will and Testament and three Codicils of the said deceased the said Will beginning “Cheltenham 30th January 1828 This is the last Will and Testament of me Samuel Sproule late a Member of the Medical Board of Bombay in the East Indies” ending thus “ I Witness thereof I hereto set and submit my hand and seal this thirtieth day of January one thousand eight hundred and twenty eight” and thus subscribed “S Sproule” and have the following words to --- “my wish is for the principal to accumulate by interest so long as it is ------ by law before vested in hand” written in the margin of the fourth ---- of the first sheet thereof the third of the said codicils containing as follows “Codicil In consequence of the death of my reputed son I direct the sum of seven thousand pounds to be given in place of five to my Daughter Ann Jane Sproule on her Marriage and it is my wish that her eldest son should assume my surname – London Wigmore St. 25th April 1829” and thus subscribed “S. Sproule” These ---- said they do verily and in their ---- believe the said words written in the margin pf the fourth side of the first sheet of the said Will and the whole of the same third Codicil with the subscription thereof to be the proper handwriting and subscription of the said Samuel Sproule deceased - J. G. Remington – Rob. S. ---- -- on the seventeenth day of June 1829 the said James Gathorne Remington and Robert S---- ----

Were duly sworn to the truth of this affidavit before me J. T. Pickard S--- prest. John Mundell Notr. Pubd./-

Proved at London with 3 Codicils 25th June 1829 before the Judge by the oaths of James Rivett Carnac Esquire William Crawford Esquire and Robert Sproule Esquire the Executors to whom administration was granted having been first sworn to with the said James Rivett Carnac and Robert Sproule before the Worshipful John T----- Pickard and the said William Crawford before the Worshipful John ----- respectively Doctors of Laws and ----- duly to administer.


AND for your further reading enjoyment............ 

Bombay 1797-Dr Samuel Sproule;first President of the Medical Board of Bombay

Samuel Sproule, President of the Medical Board of Bombay