Notes |
- Ralph Brake was born in Yetminster, Dorset and was apprenticed to the fishing trade in Newfoundland by a Charity when he was 13 Years Old. He settled in the Bay of Islands, married and had eight sons and two daughters (proof in his will) . All Bay of Islands Brakes descend from Ralph.
Briefly, here are the contents of Ralph Brake's will dated 1838. It was
proved at it's third attempt in 1866, previous years, 1844 and 1848, but by
that time only one son, William Matthews Brake survived. Apparently Edward,
the educated one, had intermeddled with his father's estate in England and it is unknown what happened to the money. It is all down on the administration
of 1866 in "black and white"
In the will Ralph left:- son, John Matthews Brake - £40, son, Joseph
Matthews Brake - £100, daughter Elizabeth Matthews Brake, wife of Thomas Park
- £20, daughter Jane Matthews Brake, wife of William Wheeler - £20, son,
Robert Matthews Brake - £100, remainder after payment of debts etc. to sons,
Robert Matthews Brake, Ralph Matthews Brake, William Matthews Brake, Thomas
Matthews Brake, and Edward Matthews Brake equally as long as these six
remained in partnership with each other, but if any of the sons came out of
the partnership before Ralph's death, then he was to be paid £100 in full
discharge of his share. If any of the brothers in partnership should died
before Ralph's death, then the business was to be divided amongst the
remaining brothers in that partnership.
William Blanchard of the Bay of Islands and Joseph Bird from England were the executors.
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On the 13th of February 1844 Admin with the the Will annexed of all and singular the Goods Chattles and Credits of Ralph BRAKE late of the Bay of Islands in the Island of Newfoundland planter deceased was granted to Thomas Street BIRD the lawful Attorney of Edward Matthews BRAKE the son of the said deceased and one of the continuing partners in Trade with Robert Matthews BRAKE Thomas Matthews BRAKE and James Matthews BRAKE sons also of the said deceased at the time of the death of the said deceased and as such one of the Residuary Legatees named in the said will for the use and benefit of the said Edward Matthews BRAKE residing at the said Bay of Islands and until he shall apply for and obtain Letters of Admin with the said annexed of the Goods of the said deceased to be granted to him having been first sworn by commission duly to administer. Joseph BIRD the executor for England named in the said having died in the lifetime of the said deceased.
(*transcriber's note: The following was written in another handwriting in the margin on page two of the will. There is also an entry on the top of the last page of the will which pertain to the letters of Admin, but it is not very legible)
On the 21st December 1866 Admin (with will) of the personal Estate and Effects of Ralph Brake late of the Bay of Islands in the Island of Newfoundland Planter deceased who died 4th May 1842 at the Bay of Islands aforesaid left un-administered by Edward Matthews BRAKE deceased whilst being the son of the said deceased and one of the Residuary legatees named in the said Will was granted to Henry DANIELL that admins of the personal Estate and Effects of the said Edward Matthews BRAKE for the use and benefit of William Matthews BRAKE (the natural and lawful Brother and one of the next of kin of the said Edward Matthews BRAKE) now residing at the Bay of Islands aforesaid and until he shall duly apply for and obtain letters of Admin of the personal Estate and Effects of the said Edward Matthews BRAKE to be granted to him he the said Henry DANIELL having been first sworn Joseph BIRD the sole executor (for England) having died in the lifetime of the said deceased Robert Matthews BRAKE, Thomas Matthews BRAKE, James Matthews BRAKE the sons also the other Residuary legatees named in the said Will being also dead The said Edward Matthews BRAKE, Robert Matthews BRAKE, Thomas Matthews BRAKE and James Matthews BRAKE being engaged in Trade together in co Partnership down to and at the time of the death of the said deceased Ralph Matthews BRAKE and William Matthews BRAKE the sons also of the said deceased having ceased to be members of the said Co partnership previous to the said deceased Death.
Probate:
Ralph BRAKE 21st. Dec 1866
Letter of Administration of the personal estate and effects of Ralph BRAKE late of the Bay of Islands in the Island of Newfoundland, Planter, deceased who died 4th. May 1842 at the Bay of Islands aforesaid, Left un administered by Edward Matthews BRAKE, the Son and one of the Residual Legatees named in the said Will, were granted at the Principal Registry under certain specialities to Henry DANIELL of Gotha cottages Tulse Hill road in the County of Surrey, Gentleman, the Administer of the Personnel estate and effects of the said Edward Matthews BRAKE for the use and benefit of William Matthews BRAKE now residing at the Bay of Islands aforesaid, the brother and one of the Next of Kin of the said Edward Matthews BRAKE, he, the said Henry DANIELL having been first sworn. Former Grants Prerogative Court of Canterbury February 1844 (Cessate) and October 1848.
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