In the name of God amen, I, Barbara Nicholls of Tewkesbury in the county of Gloucester, widow, being of sound mind, memory and understandinhg do make this my Last Will and Testament in manner following (that is to say). First I give and bequeath to my dear daughter Hester Fielding of Tewkesbury aforesaid, widow, her executors and administrators the sum of four hundred pounds of good and lawful money of Great Britain, in trust that the said Hester Fielding, her executors and administrators shall and do put and place the same out at interest in her and their own name and names on real Government Security or Securities and pay and apply the interest and produce thereof, yearly and every year, into the proper hands of my dear daughter Barbara Nugent, the wife of Mr. John Nugent of Soho Square, London, for and during the term of the natural life of him.the said John Nugent, for her own sole and seperate use and disposal notwithstanding her present coverture and so that her present husband shall not intermeddle therewith, neither shall the same be subject to his power, control, debts, forfeitures or engagements, and I do hereby will, direct and order that the receipt and receipts of her the said Barbara Nugent alone, signed with her proper hand, shall from time to time notwithstanding her present coverture, be a good and sufficient discharge and discharges to the said Hester Fielding, her executors and administrators for the same, or so much thereof as shall be thereon acknowledged or expressed to be receved. And from and immediately after the decease of the said John Nugent, in case the said Barbara Nugent shall survive him, then in trust to pay the said sum of four hundred pounds unto the said Barbara Nugent for her own use and benefit. But in case the said Barbara Nugent shall happen to die in the lifetime of the said John Nugent, then I give and bequeath the said sum of four hundred pounds unto the said Hester Fielding, her executors, administrators and assigns as her own property for ever. Provided always and my will and meaning is and I do hereby direct and order that the said Hester Fielding her executors and administrators shall not be answerable or accountable for the loss of the whole or any part of the said sum of four hundred pounds that shall or may happen by depositing for safe custody or placing the same out at interest so that the same is not occasioned by any wilful neglect or default of the said Hester Fielding, her executors and administrators form time to time and all times hereafter to deduct, retain and reimburse herself and themselves out of any monies which shall or may come to her or their hands by virtue of the trust aforesaid all such cost, charge, damages and expenses that she or they shall sustain or be put unto in and about the execution and performance of the trust aforesaid. Also I give to my Grand Son, Thomas Fielding, the sum of twenty pounds to be paid him by my executrix hereinafter named within six calendar months after my decease. Also I give and devise unto the said Hester Fielding, her heirs and assigns forever, all my messuages, lands, tenements and hereditaments situate and lying in Gretton, in the parish of Winchcomb in the said county of Gloucester and in Severn Ham in the parish of Tewkesbury aforesaid, or elsewhere in the Kingdom of Great Britain, to have and to hold the same messuages, lands, tenements and hereditaments with their appurtenances unto and to the use of the said Hester Fielding, her heirs and assigns forever. Also I give and bequeathunto the said Hesterf Fielding, her executors, administrators and assigns for ever, all the rest, residue and remainder of my monies, securities for money, plate, linen, goods, chattels, effects and personal estate of what nature, kind or quality soever not hereinbefore given and disposed of subject and chargeable nevertheless with the payment of my debts, legacies and funeral expenses with the payment of which also I subject and charge my real estate above devised and do hereby constitute and appoint the said Hester Fielding sole executrix of this my Last Will and Testament hereby revoking all former wills by me at any time heretobefore made. In witness whereof I, the said Barbara Nicholls, testatrix have to this Last Will and Testament contained in and wrote upon three sheets of paper, set my hand to the first two sheets and my hand and seal to the last sheet this first day of March in the year of our Lord God one thousand seven hundred and seventy six. The mark + of Barbara Nicholls.
Signed, sealed, published and declared by the said Barbara Nicholls the testatrix as and for her Last Will and Testament in the presence of us who at her request and in her sight and in the sight and presence of each other have hereunto subscribed our names as witnesses.
John Terrett
Neast Harvard
John To--
Proved 1776 |