Last Will and Testament of Peter Osborne of Tewkesbury. Grocer.

1847

This is the last will and testament of me, Peter Osborne of Tewkesbury in the county of Gloucester, grocer. I direct the payment of my just debts, funeral and teatamentary expenses out of my personal estate and, subject thereto I give, devise and bequeath the whole of my real and personal estate and effects whatsoever and wheresoever, unto my son Thomas James Osborne of Tewkesbury aforesaid, grocer, and John Partridge of Cheltenham in the county of Gloucester, grocer, their heirs, executors, administrators and assigns, upon trust at their discretion to sell and dispose of my real estate and of such part of my personal estate as shall not consist of debts, monies or securities for money, and to lay out and invest the clear produce of my said estate and effects, after payment of expenses, at interest on government real or chattel real securities, and to allow, vary and transpose such securities as to them, my said trustees shall seem best, and by and out of the annual income of my said trust estate, in the first place, to pay to my dear wife during her life an annuity or clear yearly sum of fifty pounds, by equal half yearly payments, the first of such payments to be made at the expiration of six calendar months after my decease, and to divide the residue of such annual income until my present child shall attain the age of twenty one years, in equal shares and proportions amongst all my children whom I shall have at my decease the shares of such of them as shall from time to time be under the age of twenty one years, to be applied by my said trustees in and towards their respective maintenance and support. And immediately on my youngest child attaining the age of twenty one years, upon trust (subject to the said annuity to my said wife if she shall be then living) to pay and divide the principal fund into and amongst all my said children in equal shares and proportions and their respective executors, administrators and assigns. And I authorise my said trustees, if they shall think it advisable to anticipate the payment of any part of the expectant portion of any child before the same shall become payable for his or her advancement in life. And in case any of my children by my first wife Elizabeth Ann Osborne shall be minors at the time of my death, I give to each such child the sum of eighty pounds over and above the share to which such child will be entitled to by virtue of this my will. And I declare that the purchaser or purchasers of my real estate or any part thereof shall not be obliged to see to the application of his, her or their purchase monies or be answerable for the misapplication or nonapplication thereof, but that the receipt or receipts of my said trustees or trustee for the time being shall be to such purchasers or purchaser a good and sufficient discharge. And I authorize my said trustees to reimburse themselves out of my said trust estate, all such costs, charges and expenses as they or either of them shall incur or be put unto in or about the execution in the trusts of this my will. And I declare that they, my said trustees shall be charged and chargeable with such monies as they shall respectively actually receive by virtue of the trusts aforesaid, and that one of them shall not be answerable for the other of them or for the acts, receipts, neglects or defaults of the other only, and that neither of them, my said trustees shall be answerable or accountable for any loss or damage which shall or may arise or happen to my said trust estate unless the same shall arise or happen from their or his wilful neglect or default. And I appoint my said son, Thomas James Osborne and the said John Partridge joint executors of this my will. In testimony whereof I have hereunto set my hand this seventeenth day of April in the year of our lord one thousand eight hundred and forty seven.

Signed by the said testator, Peter Osborne, 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, solicitor, Tewkesbury
James Kibble, Tewkesbury

Proved 1847

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