Last Will and Testament of George Davis of Tewkesbury. Gentleman.

1845

This is the last will and testament of me, George Davis of Tewkesbury in the county of Gloucester, gentleman. I give my messuage and prmises in Barton Street, Tewkesbury, in the occupation of John Hemmimg?, with the two tenements in the adjoining alley with their respective appurtenances to my daughter, Mary Ann Wood, her heirs and assigns forever. I give the messuage and premises in which I lately resided in Barton Street aforesaid, now in the occupation of William Bird with the slaughter house adjoining thereto, lately occupied by John Gannaway, and the tenement also joining in the occupation of Mark Collins, and my two tenements in the adjoining alley in the occupation of John Haydon and ------ Hathaway with their respective appurtenances unto and to the use of Joshua Thomas of Tewkesbury aforesaid, gentleman, and William Turner of the same place, gentleman, their heirs and assigns in trust nevertheless for the four children of my deceased daughter Maria Warner their heirs and assigns as tenants in common, and I direct that the rents and profits of the said premises shall, during the respective minorities of the said children, be applied in and towards their respective maintenance and education, and that my said trustees on the survivor of them, his heirs or assigns shall have full power at any time before the youngest of the said children shall attain the age of twenty one years, by mortgage or sale of the said premises, or any part thereof, to raise such sum or sums of money as shall from time to time be considered by them necessary or expedient for the education or advancement in life of all or any of the said children and that no mortgagee or purchaser of the said premises or any part thereof shall be bound to see to the application of his, her or their respective purchase money or accountable for the misapplication or nonapplication thereof. I give the messuage and premises in Barton Street aforesaid which I purchased of my brother William in the occupation of John Craig, my tenement in Charlwoods alley in Barton street aforesaid in the occupation of Ann Barnes, the temnement behind Fanny Harris house in Barton Street aforesaid which I purchased of Benjamin Shaw, my three temenets in Saint Mary's Lane in Tewkesbury, the garden ground in the Oldbury which I purchased of Samuel Estop Turner, and my two half acres of land in Tewkesbury Lower Avon Ham unto and to the use of the said Joshua Thomas and William Turner, their heirs and assigns in trust ---- the life for the three children of my deceased daughter Sarah Allard, their heirs and assigns as tenants in common, and direct that the rents and profits of the said premises shall ----- the respective minorities of the said children be received by my son in law Charles Allard and applied by him -------- of my trustees in and towards their respective maintenance and education and that my said trustees or the survivor of them , his heirs or assigns, shall have full power at any time before the youngest of the said children shal attain the age of twenty one years , by mortgage or sale of the said premises or any part thereof, raise such sum or sums of money as shall from time to time be considered by them necessary or expedient for the education or advancement in life of all or any of the said children. I also direct that in case my executors shall at any time be called upon for payment of a promissory note for two hundred pounds and interest in which I have lately joined the said Charles Allard as his surety to the Gloucestershire Banking Company or any part thereof they shall have power to raise the same and the expenses of securing by mortgage or sale of the said premises or any part thereof and I direct that no mortgagee or purchaser of the said premises or any part thereof shall be bound to see to the application of his, her or their mortgage or purchase upon or be answerable for the misapplication or nonapplication thereof. I give the sum of three pounds six shillings and eight pence long annuities, part of the sum of ten pounds life annuities to which I have latley become entitled, to my daughter Mary Ann Wood. I give the like sum of three pounds six shillings and eight pence long annuities ( further part of the said sum of ten pounds life annuities ) to the said Joshua Thomas and William Turner or their executors, administrators and assigns in trust for the four children of my said deceased daughter Maria Warner in equal shares aand to be applied during their respective minorities towards their maintenance and education respectively and give to the said Joshua Thomas and William Turner and the survivor of them, his executors and assigns full power and authority at any time before the youngest of such children shall attain the age of twenty one years to sell the said annuities or any part thereofand and to apply the proceeds of such sale in such manner for the benefit of the said children as to the said Joshua Thomas and William Turner or the survivor of them his executors or assigns shall seem expedient. And I give the like sum of three pounds six shillings and eight pence long annuities ( residue of the said sum of ten pounds life annuities to the said Joshua Thomas and Willam Turner their exdecutors, administrators and assigns in trustfor the three children of my said deceased daughter Sarah Allard in equal shares with benefit of survivorship between them in case of the decease of either or any of them under the age of twenty one years and to be applied during their respective minorities towards their maintenance and education respectively and I give to the said Joshua Thomas and William Turner and the survivor of them, his executors, administrators and assigns, full power and authority at any time before the youngest of such childrfen shall attain the age of twenty one years to sell the said annuities or any part thereof and to apply the proceeds of such sale in such manner for the benefit of the said children as to the said Joshua Thomas and William Turner or the survivor of them his executors, administrators or assigns shall seem expedient. And I give all the residue of my personal estate subject to the payment of my debts, funeral and testamentary expeneses, to my said trustees in trust as to one moiety thereof for the children of the said Maria Warner and as to the other moiety thereof for the children of the said Sarah Allard in manner heretofore divided and in case the said residue shall not be sufficient for payment of my debts, funeral and testamentary expenese I direct that the deficiency shall be made good from the dividends of my long annuities and I make the bequest of the long annuities subject to this provision and I appoint the said Joshua Thomas and Willaim Turner joint executors of this my will. In testimony whereof I have hereunto set my hand this thirteenth day of August in the year one thousand eight hundred and forty five. Geroge Davis.

Signed by the testator, George Davis, 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, ---- ---- ---- ---- ---- ----

Codicil.

I George Davis of Tewkesbury in the county of Gloucester, gentleman, do make this codicil to my will. Whereas --- -- in the hands of my son in law Abraham Warner the sum of one hundred and thirty two pounds or thereabouts and I am desirous of making some provision to insure the payment thereof to the administratrix of the said estate. Now I do hereby make the devise of the hereditaments by my said will given in trust for the children of my deceased daughter Sarah Allard, subject not only as therein is mentioned but subject also to the following provision Viz. that until the said Charles Allard shall have fully paid off and discharged the amount in his hands belonging to the estate of the said Abraham Warner, and the interest thereof, the rents and profits of the said hereditaments shall be received by my trustees and by them applied in part payment and discharge of the said amount until the said amount with the interest due thereon shall be fully discharged but no longer and immediatelt thereupon such rent and profits shall be received by the said Charles Allard as in my said will is mentioned. But I further declare that the provision hereby made shall not interfere with or prejudice the power given by my will to my trustees to mortgage or sell the said hereditaments in order to provide for the payment of the amount due or the promissory note therein mentioned. In testimony whereof I have hereunto set my hand this thirteenth day of August one thousand eight hundred and forty five. George Davis.

Signed by the testator, George Davis, 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. Richard -----, -- Winterbotham

Proved 1846

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