Last Will and Testament of Edward Head of Tewkesbury. Coal Merchant.
1852
This is the last will and testament of me, Edward Head of Tewkesbury in the county of Gloucester, coal merchant. I give and bequeath unto my dear wife all my household goods and furniture, plate, linen, china and other household effects, for her own use and benefit absolutely. And I give and bequeath the residue of my personal estate and effects, book debts, ready money and securities for money, unto Joseph Smith of Tewkesbury aforesaid, malster, and William Rice of the same place, corn factor, their executors, administrators and assigns, upon trust as soon as conveniently can be after my decease, to convert such part as shall not consist of money, into money, and out of the monies to arise from my said personal estate and all other my monies, upon trust in the first place to pay and satisfy all my just debts, funeral and testamentary expenses, and then to permit and suffer my said wife to make use of all, or such part thereof as she in her discretion may think necessary for her support and maintenance during the term of her natural life. And immediately after her decease upon thust to pay and divide the residue (if any) unto and equally between my three children, John Head, Ann Hammerton and Edward Head and their respective executors, administrators and assigns in equal shares and proportions. I give and devise all my messuages, tenements and real estae whatsoever unto the said Joseph Smith and William Rice, their heirs, executors, administrators and assigns upon trust to permit and suffer my said wife to occupy and enjoy the same or to receive and take the rents, issues and profits thereof, for and during her natural life. And after her decease upon trust that they my said trustees or the survivor of them, his heirs, executors or administrators, do and shall sell and dispose of the same either by public auction or private contract, and in such manner and form in every respect as to them or him shall seem best, and having converted the whole of my said real estate into money, do and shall stand possessed of the proceeds thereof after deducting the expenses incidental to such sale or sales upon trust to pay and divide the same unto and between my said three children, John Head, Anne Hammerton and Edward Head and their respective executors, administrators and assigns in equal shares and proportions. And I empower my said trustees or the survivor of them to give receipts for all monies and effects to be paid or delivered to them by virtue of my will, and declare that such receipts shall exonerate the person taking the same from liability to see to the application or disposition of the money or effects therein mentioned. And I also empower my said trustees or the survivor of them to compound or allow time for the payment of any debts or debts due to my estate, and I direct that the purchaser or purchasers of my real estate shall not be obliged to see to the application of their or his purchase money, or be answerrable or accountable for the misapplication or nonapplication thereof. And I declare that if mmy said trustee or either of them, or any person or persons to be appointed under this clause, shall die or be unwilling or incompetent to execute the trust of this my will, it shall be lawful for the competent trustee or trustees for the time being (if any) whether retiring from the office of trustee or not, or if none, for the executors or administrators of the last remianing trustee to substitute by any writing under his, their or her hand or hands, any fit person or persons to be a trustee or trustees in the place of any trustee or trustees dying or becoming unwilling or unable to act, in whom alone or as the case may be, jointly with the surviving or continuing trustee my trust estate shall be vested. And the trustee or trustees for the time being of my will, shall be clompetent to exercise all the powers and discretions given to the trustees herein named. And I further declare that the trustees for the time being of my ssid will, shall not be answerable for each others acts or eceipts, nor for losses happening without their respective defaults, and shall be at liberty to retain and allow to each other all expenses incident to the execution of the trusts and powers of my will. And lastly I appoint the said Joseph Smith and William Rice, executors of this my will. In testimony whereof I have hereunto set my hand and seal the fifteenth day of March one thousand eight hundred and fifty two. Signed, sealed, published and declared by the said Edward Head, as and for his last will and testament in the presence of us present at the same time, who at his request , in his presence and in the presence of each other have hereunto subscribed our names as witnesses. The mark and seal of Edward Head. Thomas Brookes, Samuel Philpot Brookes, solicitors, Tewkesbury. This is a Codicil to the last will and testament of me, Edward Head, late of Tewkesbury, but now of Wooton Under Edge in the county of Gloucester. I desire to be buried in Tewkesbury churchyard in the same grave with my late dear wife. I give to my daughter Ann, the sum of fifty pounds, and to my nephew Henry Dauncey and Mary Ann, his wife, or the survivor of them, the sum of one hundred pounds, such several legacies to be paid out of the residue of my personal estate, and the proceeds of the sale of my real estate, before the same shall be devised as by my said will directed. In witness whereof I have hereto set my hand this twenty fourth day of March in the year oner thousand eight hundred and fifty three. The mark of Edward Head. Signed by the said Edward Head in the presence of us both present at the same time who thereupon in his presence and in the presence of each other subscribed our names as witnesses. Joshua Thomas, Joyce Dauncey. Proved 1853. |