Last Will and Testament of Joseph Longmore of Tewkesbury. Esquire.

1851

The will of Joseph Longmore of the Mythe House in the parish of Tewkesbury in the county of Gloucester, esquire. I give my real and personal estate save as herein after is --------- to my son Charles Joseph longmore, esquire, and my friends George Oldham Edwards of Bristol, esquire, and George EdwardsWilliams of Cheltenham in the said county of Gloucester, gentleman, their heirs, executors, administrators and assigns upon the trusts hereinafter declared, that is to say, upon trust that the trustees or trustee for the time being of my will are and shall be, in their or his discretion, as soon as conveniently may be after my decease, to recover, collect and get in said personal estate and sell and dispose of all my said real estate by public auction or private contract, and either together or in parts and at one time or at several times and in such manner generally as to them or him shall seem meet or expedient, and shall convey and ----- the same, to the purchaser or purchasers thereof, his or her or their executors, administrators and assigns respectively, or as he, she or they may direct or appoint, and I direct that the trustee or trustees for the time being of my wil,l stand and be possessed of and interested in the monies to be received by them or him from such sale or sales, collection, conversion and getting in as aforesaid in trust, and to the intent that the sum of money shall form a common fund and in trust in the first place, as to give the said pounds part thereof to invest the same on government or real security or securities, varying any investment from time to time to in their or his discretion and to pay the interest and annual produce thereof to my wife, Harriet Longmore, during her natural life for her own sole and separate use, but without power of of anticipation, and as to ten thousand pounds other thereof in trust to invest the same as aforesaid , varying any investment from time to time in their or his discretion and to pay the interest and annual produce thereof unto my said wife during her widowhood, but without power of anticipation and as to the said sum of five thousand pounds and the investments thereof after the decease of my said wife and the said sum of ten thousand pounds and the investment thereof after her decease or second marriage or as to both the said sums of five thousand pounds and ten thousand pounds and the investments thereof from and lately after my said wife shall or may have anticipated or shall or may have attempted to anticipate all or any of the accruing interest and annual produce of both or of either of those sums or of the investments or the interest of both or either of such sums, in trust to divide the said sums of five thousand pounds and ten thousand pounds respectively and the investments thereof respectively into five equal portions in trust to pay or make over one equal part thereof to my said son Charles, one other equal part thereof to my son Arthur, one other equal part thereof to my daughter Mrs. Laura Le-----, one other equal part thereof to my daughter Mrs. Lydia Allen in trust to invest the remaining other equal part thereof on government or real security, varying any investment from time to time in the discretion of the trustee or trustees for the time being, and to stand possessed thereof in trust for the sole use of my daughter Emma Croker? seperate and apart form and independent of the present or any future husband for the term of her life, but subject as to same trust for the said Emma Croker? to the several provisions herein after contained, and after her decease, in trust for all and every or such one or more exclusively of the other or others of the children of the said Emma Croker? and, if more than one, in such parts, shares and proportions, manner and form as the said Emma Croker? shall or may at any time or times by any deed or deeds, with or without power of reversion and new appointment direct or appoint, and in default of such direction or appointment, in trust for the child if only one, and if more than one , all the children of the said Emma Croker, who being a son or sons shall attain the age of twenty one years or who being a daughter or daughters shall attain that age or marry , which as to each of the same daughters shall first happen, equally to be divided between the same children if more than one, as tenants in common. Provided always and notwithstanding anything hereinbefore contained to the contrary I declare that after the decease of the said Emma Croker and even from time to time during her life, with her consent, the trustees or trustee for the time being of my will and if they or he should think fit, may apply all or any part of the dividends and annual produce of the said last or remaining hereinbefore contained, one equal fifth part of the said several sums of five thousand pounds and ten thousand pounds and the investments thereof respectively in for or towards the maintenance and education or otherwise for the benefit of all or any or either of the children for the time being of the said Emma Croker during the minority or respective minorities of such child or children respectively, provided also and notwithstanding anything herinbefore contained to the contrary, I declare that after the decease of the said Emma Croker and even at any time or times during her life, the trustees or trustee for the time being of my will, with her consent and if they or he should think fit and when, how and to such an extent as they or he may think fit, and on under and subject to such provisos, terms and conditions in all respects as to such trustee or trustees shall seem meet, may apply any part or parts of the said last or remaining hereinbefore mentioned one equal fifth part of the said sums of five thousand pounds and ten thousand pounds respectively and the investments thereof respectively, in the maintenance or advancement or otherwise as to them or him may seem for the benefit of all or any or either of the children for the time being of the said Emma Croker during their, his or her minority or minorities, and upon this further trust to pay seven thousand four hundred pounds to my said son Charles, six thousand four hundred pounds to my said son Arthur, one thousand pounds to my said daughter Laura and one thousand pounds to my said daughter Lydia, and I do hereby declare that the provision hereby made for my said wife is intended by me to be, and shall be taken by her in lieu of any ----- or ----- to which she may be entitled out of my real estate. I give to my trustees before named the sum of one thousand five hundred pounds in trust that the trustees or trustee for the time being of my will shall within three months after my decease invest the same on government or real security or securities varying any investment from time to time in their or his discretion, and shall pay the dividends or intrerest thereof as the same shall from time to time arise and be received by my trustees or trustee for the time being, unto my son William during his life, and after his decease I give the said sum of one thousand and five hundred pounds to my said son Charles, but if my said son William shall in any way or by means whatsoever, charge, anticipate or dispose of or attempt to charge and anticipate or dispose of all or any part of such dividend or interest or shall become bankrupt or insolvent or do or suffer anything to be done, or if anything shall happen whereby the ---- , dividends or interest or any part of the same may be in any way anticipated, charged, incumbered or forfeited, then I direct that my trustees and trustee for the time being shall immediately and at once pay or make over the said sum of one thousand and five hundred pounds and the investment thereof to my said son Charles as and for his own property provided that the provision hereinbefore made for my said wife is not to be in any event subject to abatement on account of deficiency of funds, but that the other pecuniary legatees shall be liable to equal abatement among themselves in the event of deficiency. I give to my said wife Harriet absolutely all my linen, glass, china and also such articles of household furniture as she may select, not exceeding in value the sum of three hundred pounds, and I also give to her during her widowhood such articles of plate as she may select not exceeding the value of two hundred pounds. I give to my said son Charles the remainder of my plate and all my printed books and pictures and also on the death or second marriage of my wife, such articles of plate as may or have been selected by her. I direct that all legacy duty presntly on or in respect of any property being the subject of my will should be paid out of the residue of my estate. I forgive my children respectively and my son in law any debts or debt due from them or any or either of thereunto. I give and bequeath all the residue, remainder ( if any ) of the said common fund to my said son Charles. I devise to my trustees, all estates ( if any ) vested in me as trustee or mortgagee, subject to the equities affecting the same respectively. I empower my trustees or trustee for the time being to give receipts for all purchase and other monies and effects to be paid or delivered to them or him by virtue of this my will, and for all money whatsoever being subject to the trusts or to any of the trusts of my will. And i do declare that such receipts shall exonerate the persons taking the same from liability to see to the application or disposition of the money or effects thereoin mentioned. I declare that if my said Trustees or any 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 trusts of my will, it shall be lawful for the competent trustee or trustees for the time being ( if any ) whether retiring from office of trustee or not or if none, for the executor or administrator of the last surviving trustee to substitute by any writing under his or their hand or hands, any fit persom or persons to be a trustee or trustees of my will and that my trust estate shall thereupon or as soon as may be afterwards be transferred so and in such manner that the same may ----- vested in the new trustee or trustees jointly with the remaining or continuing trustee or trustees or in such new trustees soley as the case may require. And I except every trustee for the time being of my will from liability from losses occurring without his own wilful default, and I authorise him to retain to himself and to allow to his cotrustees all expenses incidental to the trusteeship and I direct that the said George Edmund Williams shall be allowed his fair and reasonable professional charges as between attorney and client for his care and trouble in the proper and fair execution of the trusts of this my will. And I appoint the said Charles Joseph Longmore, George Oldham Edwards and George Edmund Williams executors of my will. In witness whereof I have hereunto set my hand this twenty fifth day of April in the year of our lord one thousand eight hundred and fifty one. Joseph Longmore.

Signed by the said testator as 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 subscribed our names as witnesses.

Richard Whithorne Lovesy. James Bevan, clerks to Messrs. Williams and Giffiths, solicitors, Cheltenham.

A Codicil to the will of Joseph Longmore, esquire, and which will bears date the twenty fifth day of April 1851, I revoke the bequest to my son, Charles of seven thousand four hundred pounds and in lieu thereof I give him the sum of seven thousand pounds subject to any provision in my will touching the said bequest of seven thousand four hundred pounds. I revoke the bequest to my sion Arthur of six thousand four hundred pounds and in lieu thereof I give him the sum of five thousand four hundred pounds subject to any provision in my will touching the said sum of six thousand four hundred pounds. In witness whereof I have hereunto set my hand this twelth day of August one thousand eight hundred and fifty one. Joseph Longmore.

Signed by trhe testator as and for a codicil to 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.

Richard Whithorne Lovesy, Edward Griffiths, clerks to Messrs. Williams and Griffiths, solicitors, Cheltenham.

A second codicil to the will of Joseph Longmore, esquire. I revoke the bequest to my son Arthur to trhe sum of four thousand pounds subject to the provision in my will touching the sum of six thousand four hundred pounds therein mentioned, dated this twenty fourth day of March one thousand eight hundred and fifty two. Joseph Longmore.

Signed by the testator as and for a second codicil to 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.

Richard Whithorne Lovesy, Edward Griffiths.

A third codicil to my will and which will is dated the twenty fifth of April one thousand eight hundred and fifty one. My son Charles having gone with his regiment to the east, I direct that in the event of his death before the two bequests in my will and codicil in his favour, and all residue ( save as after mentioned ) shall go one fourth the part thereof to his brother Arthur one fourth, to his sister Laura one fourth, to his isiter Lydia and the other fourth to my trustees for the benefit of my daughter Emma Croker and her family in the same way as the equal fifth part of two several sums of five thousand pounds and ten thousand pounds is settled in my said will for such benefit. In the like event I give the whole of my articles of household furniture and the whole of my plate and all my books and pictures to my wife Harriett. Dated this twenty seventh day of May one thousand eight hundred and fifty four. Joseph Longmore.

Signed by the said Joseph Longmore, the testator, as a third codicil to 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 subscribed our names as witnesses.

Charles Smith, butler to J. Longmore esquire. Harriett Johns, servant to J. Longmore esquire.

Proved 1854.

Back