This is the last will and testament of me, George Tovey of Tewkesbury in the county of Gloucester, Innkeeper. I direct that all my just debts, funeral and testamentary expenses to be fully paid and satisfied as soon as conveniently may be after my decease. I give, devise and bequeath unto my dear wife, Ann Tovey and William Procter of Elkstone in the county of Gloucester, gentleman, all my real and personal estate whatsoever and wheresoever situate, upon trust, that they, my said trustees, or trustees or trustee for the time being of this my will, do, and shall pay or allow my said wife to receive the rents, issues and profits of my said real estate and personal estate during the term of her natural life and widowhood for the necessary support of herself and children. Nevertheless it is my wish and will, and I direct that my said trustees or trustee, do and shall pay to each of my children out of my personal estate the sum of five hundred pounds as soon after their attaning the age of twenty one years as my said trustees or trustee in their or his discretion shall think expedient. But if my said wife shall marry again, I direct such sums of five hundred pounds to each of my children as shall not have attained the age of twenty one years or to whom my said trustees or trustee shall deem it expedient to advance his share to be invested by my trustee or trustees for the benefit of such of my children as shall not have received their said legacy of five hundred pounds during the widowhood of my said wife in the public stocks or funds of Great Britan or upon real security in England as my trustee or trustees shall think fit and in the event of such marrying again of my said wife, then upon further trust and subject to the said sums of five hundred pounds each so as aforesaid bequeathed to my said children and the accumulation thereof, to permit and suffer my said wife Ann Tovey, to receive and take the rents, issues and profits of the remainder of my said real and personal estate for and during the rest of her natural life and I direct such rents, issues and profits to be paid to and received by her for her sole and seperate use and benefit independent of the debts, control and engagements of the person with whom she may happen to intermarry, and her receipts alone to be sufficient discharges for the same. And after the decease of my said wife I direct the trustee or trustees for the time being of this my will to receive the said rents, issues and profits and to apply the same or such part thereof as he or they shall think expedient and necessary for the advancement, maintenance and support of such of my children, if any, that shall not have have attained the age of twenty one years. And when and as soon as the youngest of my said children shall have attained the age of twenty one years I direct my said trustee or trustees to sell and convert into money such part of my residual personal estate as shall not consist of money, and to recover and get in all such debts and sums of money as shall be due and owing from any persons whomsoever. And absolutely to sell and dispose of my said real estate by public auction or private contract, either together or in parcels and for such price or prices as to him or them shall seem reasonable, with full powers to make any special conditions as to title or evidence of title, and also to buy in the whole or any part of my said real estate at any such sale and to rescind any contract for sale, and afterwards to re sell the hreditaments and premises which shall be so bought in or whereof the contract for sale shall be rescinded without being resposible for any loss which may be occasioned thereby. And also with full power to make and execute all such deeds, conveyances and assurances as shall be requisite and necessary to effectuate such sale or sales. And I declare the receipts of my said trustee or trustees shall be good and valid discharge for so much money as in such receipts shall be expressed to be received and shall fully exonerate the person or persons paying the same from all responsibility with respect to the application and from being accountable for the misapplication or nonapplication thereof. And I further declare that my said trustee or trustees for the time being shall out of the moneys to arise from the sale and conversion into money of my said personal estate and the moneys to arise from the sale of my said real estates as aforesaid, pay and discharge all such costs and expeneses as he or they shall have incurred in conveying the trusts of this my will into effect. And shall divide the residue or remainder of such moneys equally between and amongst all and every of my said children who shall then be living and the issue of such of them as shall then be dead share and share alike as tenants in common. But it is my will that if either or any of my said children shall not have received the said sum of five hundred pounds hereinbefore bequeathed to be paid at the discretion of my trustee or trustees , such child or children shall be paid the sum of five hundred pounds over and above the share accruing to him or them under this present bequest, it being my will and desire that all my children shall share equally. Provided always and I further also declare that if the trustees appointed in this my will or to be appointed as hereinafter mentioned, or any or either of them shall die or shall be desirous to be discharged from or replace or become incapable to act in the trusts hereby in them reposed, then, and in such case and when and so often as the same shall happen, it shall be lawful for the then surviving or continuing trustee or trustees or the executors or administrators of the last surviving or continuing trustee, from time to time to appoint by deed under his or their hand and seal, any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying, desirous to be discharged or refusing or becoming incapable to act as aforesais and the personor persons so to be appointed shall have all the powers and authorities of the trustee or tristees whose room he or they shall be substituted and as though he or they had been appointed as trustee or trustees by this my will. And I do hereby further declare that the said trustees hereby appointed and to be appointed as aforesaid and each and every of them shall be charged and chargeable only for such moneys as they or he respectively shall actually receive by virtue of the trusts aforesaid nor for joining in any receipt or receipts for the sake of conformity and any one or more of them shall nor be answerable or accountable for the other or others of them nor for any bankers or other person with whom the said trust moneys or any part thereof may be deposited nor for involuntary losses. And also that it shall be lawful for them out of the moneys which shall come to their respective hands to return to and reimburse themselves respectively and to allow each other all costs charged and expenses which they or either of them shall sustain, expend, disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereto. I give, devise and bequeath unto my said trustees or other the trustee or trustees for the time being of this my will all the estaes vested in me upon any trusts or by way of mortgage and which I have power to dispose of by will, upon trust to hold or dispose of the said trust estates in the manner in which they ought to be held or disposed of pursuant to the said trusts and upon payment of the money secured by mortgage, to convey or assign the estates in mortgage to the person or persons entitled thereunto for the time being. And lastly I appoint the said William Procter and Ann Tovey, executor and executrix of this my will. In witness whereof I have hereunto set my hand this thirteenth day of February one thousand eight hundred and fifty four. .
Signed by the testator etc.
Proves December 1854. |