Last Will and Testament of John Fluck of Tewkesbury. Victualler.

1780

This is the Last Will and Testament of me, John Fluck of Tewkesbury in the county of Gloucester, victualler, for the disposition of that estate wherewith I am blessed. First, I will and direct all my just debts, funeral expenses and the charges of proving this, my will, to be paid and discharged out of my personal estate by my executors hereinafter named. Also I give and devise unto my dear wife Hester Fluck and her assigns, all my messuages or tenements, buildings, garden ground, hereditaments and premises with their appurtenances, situate, lying and being in Tewkesbury aforesaid, to hold unto my said wife and her assigns for and during the term of her natural life, she keeping the premises in good repair and subject to her estate for life therein I give and devise unto my eldest son, Abraham Fluck, and his heirs forever, all my messuages or tenements, buildings, garden ground, hereditaments and premises, with their appurtenances, situate, lying and being in Church Street in Tewkesbury aforesaid, to have and to hold the same premises with the appurtenances unto and to the use of the said son and his heirs and sssigns forever And also subject to my said wife's life estate I give and devise unto my son Isaac Fluck and his heirs forever, all that my messuage or tenement with the buildings, garden ground, hereditaments and premises, situate, lying and being in High Street in Tewkesbury aforesaid, now in the occupation of Mrs Sarah Moore, Widow as tenant thereof, to have and to hold the said messuage or tenement, buildings, garden ground, hereditaments and premises with the appurtenances unto and to the use of the said Isaac Fluck and his heirs and assigns forever. Also I give to the said Isaac Fluck the sum of ten pounds. To my daughter Mary Fluck the sum of one hundred and fifty pounds, and to my daughter Hester Fluck the like sum of one hundred and fifty pounds, to be paid them by my executors as they shall attain twenty one years of age out of my personal estate, and in case either of them shall happen to die before twenty one years of age then I will the legacy of him, her or them so dying shall be considered and taken as part and parcel of the residuum or overplus of my personal estate, and shall be subject to the like disposition as herein after is made thereof. And my will is that my said wife shall receive and take the interest of the said several sums of ten pounds, one hundred and fifty pounds and one hundred and fifty pounds towards educating and maintaining my children during the minority of the said Isaac, Mary and Hester Fluck. Also I give and bequeath unto my said wife Hester Fluck, all the rest, residue, and remainder of my money, securities for money, the use and wear of my goods, chattels, effects and personal estate of what nature, kind or quality soever, for and during the term of her natural life, she educating and maintaining all my children out of the rents, issues and profits of my real estate and the produce of my said personal estate during, their minorities, and which I expressly order and direct she shall do and that my executors shall exhibit an inventory in writing of my personal estate in the proper Ecclesiastical Court within twelve months next after my decease. Also I give to the said Abraham Fluck my clock, and to the said Isaac Fluck my silver tankard, to be delivered to them at my wife's Death. And in case there shall be any residuum or overplus of my personal estate after payment of my debts, the charges of my funera,l and the probate of my will and legacies aforesaid, then I give, will and direct the same to be equally divided between and among my said four children, share and share alike, subject to my wife's interest therein for life. And lastly I constitute and appoint my said wife Hester Fluck and my said son Abraham Fluck, executrix and executor of this my Last Will and Testament hereby revoking all former wills by me at any time heretofore made. In Witness whereof I, the said John Fluck, the testator, have to this my Last Will and Testament contained in and wrote upon two sheets of paper, set my hand to the first sheet, and my hand and seal to the last sheet, this fifteenth day of January in the year of our Lord one thousand seven hundred and eighty.

Signed, sealed, published and declared by the said John Fluck, the Testator, as and for his Last Will and Testament in the presence of us, who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

A Codicil to be annexed to, and to be taken as part and parcel of, the last Will and Testament of me, John Fluck of Tewkesbury in the county of Gloucester, victualler. Whereas by my said last Will and Testament dated the fifteenth day of January one thousand seven hundred and eighty, I have given to my daughter Mary Fluck the sum of one hundred and fifty pounds, to be paid her by my executors on her attaining twenty one years of age, out of my personal estate, now I do hereby revoke and make void the said legacy of one hundred and fifty pounds to my said daughter Mary Fluck and in lieu thereof I hereby give and bequeath unto the said Mary Fluck the sum of one hundred pounds to be paid her by my executors out of my personal estate within six months after her marriage, if she shall marry in the life time of my wife Hester Fluck. And I also give unto her the said Mary Fluck the further sum of fifty pounds to be paid her out of my personal estate as soon after my said wife's decease as conveniently may be, and in case the said Mary Fluck shall not marry in the life time of my said wife, then I direct the whole of the said sum of one hundred and fifty pounds to be paid her as soon as may be after my said wife's decease, but I do hereby impower and authorise my executors if they shall think proper, to pay to my said daughter Mary Fluck, the whole or any part of her said legacy of one hundred and fifty pounds at any time or times during the life of my said wife whether the said Mary Fluck shall be sole or married. And whereas by my said will I have also given to my daughter Hester the sum of one hundred and fifty pounds to be paid her by my executors on her attaining twenty one years of age out of my personal estate, since which she hath intermarried with John Warner the younger of Tewkesbury aforesaid, victualler, and I have paid the said John Warner the sum of one hundred pounds as her marriage portion, now I do hereby also revoke and make void the said legacy of one hundred and fifty pounds to my said daughter Hester Warner and in lieu thereof I do hereby give her the sum of fifty pounds only to be paid her out of my personal estates as soon after my said wife's decease as conveniently may be. And it is my will that my said wife shall receive and take the Interest of the legacies hereby given to my said daughters 'till they are payable. In other respects I do hereby confirm my said last Will and Testament. In Witness whereof I have hereunto set my hand and seal the fourteenth day of November in the year one thousand seven hundred and eighty four.

Signed, sealed, published and declared by the said John Fluck, as and for a codicil to be taken as part and parcel of his last Will and Testament in the presence of--

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