David Herps1

M, #1240, b. 11 December 1842, d. 8 February 1893
FatherJohn Hearp1 b. 7 Jun 1795, d. 29 Jan 1874
MotherMary Hayman1 b. 1815, d. 2 Oct 1887
Relationship3rd great-uncle of Timothy George Sheens
Last Edited28 Sep 2014
Birth28 October 1842 Portland Head, NSW2 
Baptism*11 December 1842 Portland Head, NSW;
When Baptd: Decr 11th 1842
When Born: Octor 24 1842
Childs Chtian Name: David
Parents Names: John & Mary Ann Herps
Abode: Portland Head
Profession: Farmer2 
Marriage*1869 NSW;Bride=Sarah A McKenzie3 
Death of Father29 January 1874 Colo, NSW;Name: John Hurps
Date of Death: 29 Jan 1874
Place: Colo NSW
Occupation: Gardener
Sex: Male
Age: 78
Conjugal Status:
Place of Birth: England
Time in Aust Colonies: About 60 years NSW

Father: Unknown
Occupation: Unknown
Mother: Unknown

Place of Marriage: Hawkesbury River
Age at Marriage: About 37
Name of Spouse: Mary Haman
Children of Marriage: Elizabeth 40, Matilda 38, Mary Ann 36, David 34, Esther 31, Jessie 30, Thomas 28, Margaret 25
Informant: James Gill (signed), son-in-law, Colo

Cause of Death: Cancer on the tongue
Length of Illness: 5 months
Medical Attendant: Dr Selkirk
Date Last seen: About 6 weeks ago

Date of Burial: 20 Jan 1874
Place of Burial: Colo
Minister & Religion: William Pento, acting (religion not stated)
Undertaker: W T Price
Witnesses: James Gill, David Hayman

Registered: 29 Jan 1874 - Richmond;Principal=John Hurps4 
Death of Mother2 October 1887 Hospital, Windsor, NSW;Name: Mary Ann Herps
Date of Death: 2/10/1887
Place: The Hospital Windsor NSW
Occupation:
Sex: Female
Age: 70
Conjugal Status:
Place of Birth: Hawkesbury River
Time in Aust Colonies: Lifetime

Father: Richard Hayman
Occupation: Farmer
Mother: Ruth Yarley

Place of Marriage: Windsor
Age at Marriage: 14
Name of Spouse: John Herps
Children of Marriage: 2 males, 5 females living
Informant: Wm Howley, Superintendent, Hospital Windsor

Cause of Death: Tricuspid and Mitral disease, Dropsy
Length of Illness: Years
Medical Attendant: Dr W A Smith
Date Last Seen: 1/10/1887

Date of Burial: 3/10/1887
Place of Burial: Sackville Reach Church of England
Minister & Religion:
Undertaker: Thomas Collison
Witnesses: Rowland Ivery, Thomas Simmons

Registered: 3/10/1887 Windsor;Principal=Mary Ann Harps5 
Death*8 February 1893 Fitzroy Hotel, Denman, NSW;
HERPS.—Died at his residence Fitzroy Hotel, Denman, on the 8th February, 1893, David Herps, aged 50 years, leaving a wife and three children to mourn their loss.6 
Probate*8 June 1893 NSW;
4909 Herps David late of Denman Hotelkeeper
This is the last Will and Testament of me David Herps of Denman in the Colony of New South Wales Hotelkeeper I give devise and bequeath all my real and personal Estate whatsoever and wheresoever unto Edward Reginald White and Archibald White both of Martindale near Denman aforesaid Graziers their heirs executors administrators and assigns respectively Upon trust that the said Edward Reginald White and Archibald White or the survivor of them or the heirs Executors or administrators of such survivor or other the trustees or trustee for the time being of this my Will appointed as hereinafter provided and hereinafter called my said Trustees shall sell call in and convert into money such part of my said personal estate as shall not consist of money and shall with and out of the money produced by such sale calling in and conversion and with and out of such part of my personal Estate as shall consist of money pay all my just debts funeral and testamentary Expenses and shall at the discretion of my said Trustees invest the residue of the said moneys in some or one of the modes of investment herein after authorised with power to my said Trustees to vary the said investments into or for others of the same or a like nature And shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same and my said real estate Upon the trusts hereinafter declared of and concerning the same that is to say Upon trust to pay the income of the said residuary trust moneys to my wife and to permit and suffer her to receive and take the rents issues and profits of my said real estate with the Exception of my property in Sydney Street Muswellbrook hereinafter devised during her life if she shall so long continue my Widow and from and after her decease or second marriage whichever shall first happen Upon trust to sell and convert my said real estate into money as and when my said Trustees shall think fit and to hold the proceeds thereof and the said residuary trust moneys In trust for all my children living at the time of such death or second marriage who being a son or sons have attained or shall attain the age of twenty one years or being a daughter or daughters have attained or shall attain that age or shall marry in equal shares and if there shall be only one such child the whole to be in trust for that one child Provided always that if any child of me shall have died leaving a child or children who shall be living at the time of the death or second marriage of my said wife or being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry then and in every such case the last mentioned child or children shall take (and if more than one equally between them) the share which his her or their parent would have taken of and in the residuary trust funds if such parent had been living and had attained the age of twenty one years at the time aforesaid And I 2 direct my said Trustees to hold my said property in Sydney Street Muswellbrook in trust. For my daughter Sarah Maude Matilda Simpson the wife of Henry Simpson of Denman aforesaid Drover absolutely for her sole and separate use And I declare that if at the decease or second marriage of my said wife any child or grandchild of me entitled in expectancy to a share under this my Will shall be under the age of twenty one years and being a female shall be unmarried then and in every such case my said Trustees may apply the whole or any part of the income of the expectant share of such minor for or towards his or her maintenance and education with liberty to pay the same the guardian or any of the Guardians of such minor for the purposes aforesaid without being liable to see to the application thereof And shall invest the residue (if any) of the said income and the resulting income thereof so as to accumulate at compound interest to the intent that such accumulations shall be added to the principal share from which the same shall have arisen and follow the destination thereof but my said Trustees may at any time resort to the to the accumulations of any preceding year or years and apply the same for or towards the maintenance and education of any person for the time being presumptively entitled thereto I declare that the shares of any female benefitting under this my Will shall be taken and received by her for her sole and separate use free from and independently of the debts control interference or engagements 3 of any husband with whom she may intermarry And I declare that any moneys liable to be invested under the trusts of this my Will may be invested in or upon Government Debentures of any of the Australian Colonies or at fixed deposit in any incorporated Bank in any f the said Colonies or on first Mortgage of real estate in the said Colony of New South Wales And I declare that if the trustees hereby appointed or either of them shall die in my lifetime of if they or either of them or any future Trustees of this my Will shall die or go to reside abroad or shall desire to retire from or refuse or become incapable to act in the trusts of this my Will before the same shall be fully performed then and in every such case it shall be lawful for the continuing Trustees or Trustee for the time being of this my Will or if there shall be no continuing Trustee then for the retiring or refusing Trustees or Trustee or the executors or administrators of the last acting Trustee to appoint any other person or persons to be Trustee or Trustees in the place of the Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or becoming incapable to act as aforesaid with liberty upon any appointment to alter the number of Trustees but so that immediately after each such appointment the number shall not four or be less than two And upon every such appointment the trust premises shall be so transferred as to become vested in the new Trustee or $ 4 trustees Either jointly or solely as the case may require And every such new Trustee as well before as after the said trust premises shall have become vested in him shall have all the powers and authorities of the trustee for whom he shall be substituted I devise all estates vested in me as a Trustee or Mortgagee unto my said Trustee subject to the trusts or equities affecting the same I appoint the said Edward Reginald White and Archibald White Trustees and Executors of this my Will And lastly I revoke all former Wills and testamentary dispositions by me at any time made In witness whereof I the said testator have to this my Will contained on this and the four preceding sides of paper set my hand this tenth day of October in the year one thousand Eight hundred and ninety two
David Herps 10th day of October 1892
Signed by the said testator as and for his last Will and testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have hereunto subscribed our names as witnesses W. L. C. Brecht Winegrower Denman William Day Wine Seller Denman 8th June 1893
By Act of Court. Probate of the last Will and Testament of the abovenamed deceased granted to Edward Reginald White of Martindale near Denman Grazier and Archibald Merton White of the same place Grazier (in the Will called Archibald White the Executors in the said Will named
Testator died 8th February 1893
Estate sworn under £35857 

Family

Sarah A McKenzie

Citations

  1. [S13] NSW Birth Index, V1842503 54/1842 David Heeps.
  2. [S355] NSW Methodist Baptism Registers, 1788-1855 ",V1842503 54/1842 David Heeps."
  3. [S12] NSW Marriage Index, 2937/1869 David Herps & Sarah A McKenzie.
  4. [S107] NSW Death Transcript (Marilyn Rowan), 7600/1874 John Hurps.
  5. [S107] NSW Death Transcript (Marilyn Rowan), 9338/1887 Mary A Herps.
  6. [S354] The Maitland Mercury, Saturday, February 18, 1893.
  7. [S377] NSW Will Books, 1800-1952, online http://www.findmypast.com, David Herps 1893.