Santa Clara County CA Archives Wills.....Walkinsahw, Robert April 20, 1858 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ca/cafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Carolyn Golowka http://www.genrecords.net/emailregistry/vols/00012.html#0002972 August 25, 2023, 6:31 pm Source: Will Book A, County Records, San Jose, Santa Clara County, Ca Written: April 20, 1858 Recorded: November 13, 1858 Will of Robert Walkinshaw Will filed in Will Book A, County Records, San Jose, Santa Clara County, California Dated: April 20, 1858 Recorded: November 13, 1858 The last will and testament of me, Robert Walkinshaw of the County of Santa Clara, State of California in the United States of America. Item first: I declare that all my property, real, personal and mixed and all rights of property in law and equity in possession or to which I have a claim have been acquired since my marriage to my wife, Francisca Gomez Walkinshaw, now living with me, and that the same is common property to the one-half of which my said wife will be entitled at my death, when this will take effect as well as the homestead in which I now reside with my family. As to the one-half thereof and the homestead, I make no further disposition of it than to confirm the right to which my wife is entitled by law upon my death, and so far I mean that the confirmation shall be considered in lieu of all other bequests or legacies to my wife. Item second: I hereby devise and bequeath the remining half of all my said property as above described to my eight children, namely, my daughter Maxina Young, wife of John Young of the said County and State and my daughters: Francisca, Roberta, Conception, Josefa, Guadalupe and my two sons Roberto and Daniel to have and to hold in equal parts and share alike upon the following items and conditions, namely: The said property to my said daughters is devised and bequeathed to my said Exeuctors Francisca Gomez Walkinshaw, my wife, John Young (my son-in-law), John Parrottt, Esq. of San Francisco (Banker) and James Bell (of the firm of Falkner, Bell and Co.) whom I hereby nominate and appoint in trust for the use and benefit of my said daughters during their natural lives without the power or control of the same by their future husbands. It being my will that the said daughters, neither by themselves or jointly with their husbands, shall have the power of disposition of any of the principal of said property during their lives, but in case of their death the share of each of my said daughters shall go to her children, in equal parts, and should either of my said daughters die without children then her share to go to all my other children, herein named, or their representatives in equal shares. But as respects to my two sons, I devise and bequeath their respective shares to my said executors in trust for my said sons until they respectively attain their majority, then they are to have the exclusive management and control of their shares. Until they attain their majority, the income of their respective shares, or so much thereof as may be needed, shall be apportioned by said executors to the maintenance and education of my said sons, The excess of the income, if any, to go to the principal each year. If my sons, or either of them, shall die before attaining their majority, their share to go to my surviving children or their representatives. I make the same provision respecting my daughters as to their income while single, my executors to provide for their maintenance and education. Item third: I give to each of my executors the power to appoint a Trustee in his stead to take effect upon his death and to have the same power. In case he fail to make an appointment, I hereby clothe my surviving executors with full power to appoint a Trustee in lieu of the deceased executor. Item fourth: I hereby dispense with the Statutory requisition of bonds or other security by my said executors or any Trustee whom they may appoint as herein provided. Item fifth: I hereby clothe my executors, and the said Trustees, with full power and authority to sell and convey at private sale any and all portions of my property, by which I mean to include real estate, so far as it may be necessary in their judgment for the administration of the Estate, or beneficial to the devised, without the necessity of applying to the Probate Court for leave to sell the same, as the law provides, leaving them to sell at such times and on such terms as they may thing fit. Item sixth: For the sake of peace and harmony among my said children and my said wife, I sincerely declare as my will that there be no lawsuits among them relating to my property or any interest they may claim under this will. I do not desire litigation or the interference of lawyers or judges. But in the event of any dispute that may possibly arise, I recommend the adjustment thereof by arbitrators to be chosen by the Executors or the Trustees who shall finally settle such disputes. Item seventh, The real estate owned by me in Scotland, in which I own an interest with my brothers and sisters and the rents, profits and issues arising therefrom is expressly excepted from this will as respects the common property. The said real estate having been acquired by me devise from my father since my marriage to the said Francisca Gomez. It being by will that the said real estate in Scotland shall be divided among my said children, sons and daughters, share and share alike under the same terms and conditions as the property hereby devised to them and with like powers on the part of my executors and Trustees, appointed by them to sell the same as herein provided. Finally, I hereby revoke all other Wills or Codicils ever by me made and declare this to be my last will and testament. I, the said Robert Walkinshaw, the Testator, have to this my last Will and Testament contained in this and the preceding one sheet of paper set my hand and seal at New Almaden in the said County and State on this twentieth day of April, one thousand, eight hundred and fifty-eight. Robert Walkinshaw {SEAL} Witnesses Sherman Day A. J. Halleck Additional Comments: Glasgow Morning Journal, Glasgow, Scotland, 30 August 1848, page 1, column 1: "Walkinshaw. - At Helensburgh, on the 28th instant, aged 70, Robert Walkinshaw, Esq, of New Almaden, California, U. S., formerly of Glasgow." Glasgow Courier, Glasgow, Scotland, 22 October 1859, page 3, column : "At Sandon Terrace, Liverpool, on the 20th inst., Francisca Gamez [sic], widow of Robert Walkinshaw, Esq., of New Almaden, California." File at: http://files.usgwarchives.net/ca/santaclara/wills/walkinsa18gwl.txt This file has been created by a form at http://www.genrecords.org/cafiles/ File size: 7.0 Kb