Last Will and Testament of Thomas Cooper of Tewkesbury. Gentleman.
1810
This is the last Will and Testament of me, Thomas Cooper of Tewkesbury in the county of Gloucester, gentleman, made this twenty fourth day of November in the year of our Lord one thousand eight hundred and ten. First, I direct all my just debts, funeral and testamentary expenses to be paid by my execuors hereinafter named. I give and bequeath unto my dear wife all my household goods, plate, linen and furniture whatsoever to hold to her my said wife her executors, administrators and asigns to and for her and their own use and benefit absolutely, also I give devise and bequeath unto my friends Thomas Caddick of Tewkesbury aforesaid, druggist, and Henry William Harris of the same place, gentleman, their heirs executors and administrators for ever, all and singular my messuages, lands, tenements and hereditaments, whatsoever and wheresoever situate, lying and being and also all the residue of my personal estate of what nature or kind soever to have, hold, receive, perceive, take and enjoy the same, unto them the said Thomas Caddick and Henry William Harris and the survivor of them and the heirs, executors or administrators of such survivor, according to the nature or quality thereof respectively, to for and upon the several uses, trusts, intents and purposes hereinafter mentioned, expressed and declared of and concerning the same. that is to say, upon trust in the first place by and out of the rents and profits of my real estate and the produce of my personal estate to pay and apply the sum of twenty pounds a year in the maintenance and to and for the use and benefit of Joseph Cooper Straford son of Joseph Straford of Gubshill, yeoman, and grandson of my sister Diana Long, for and during the natural life of my said wife and upon further trust to pay all the residue of the rents, issues and profits of my said real estate and of the interest and produce of my personal estate unto my said wife, or permit and authorize her to receive and take the same for her natural life, and from and after her decease upon trust that they, my said trustees or trustee, for the time being do and shall stand siezed and possessed of and in the whole of my said real and personal estates to the uses following (that is to say) as to, for and concerning all that my messuage or tenement, ereditaments and premises now in the occupation of the Miss Mayalls as tenants thereof, save and except such part thereof as is under the roof of the dwelling house now occupied by me and which I hereby declare my will and mind to be shall for ever hereafter go and belong to the person or persons who shall be entitled to my said dwelling house under the trusts of this my will and except also the right of road in and to the premises and occupations now used and enjoyed by the said Miss Mayalls, and which right of road I do hereby declare shall, after the decease of my said wife, be extinguished and as to all that messuage or tenement or premises now called or known by the name of the Albion House together with the small room part of the same now occupied by me as a sitting room to the use of the said Joseph Cooper Straford, his heirs and assigns for ever, subject to the payment of the sum of two hundred pounds to my said trustees or trustee for the time being to be by them or him applied to for and upon the several trusts intents and purposes hereinafter declared touching the money to arise by sale of the residue of my real and personal estates and as to for and concerning all that messuage or tenement and dwelling house wherein I now dwell with the yard, garden, outbuildings and appurtenances thereunto belonging, and all those five tenements and summer house in Tewkesbury aforesaid now in the several occupations of -------- Ricketts, William Dunford, John Staite, William Chapman and George Harvitt and my several pits, (such tenements, summer house and pits subject nevertheless to the paying out of the sum of two hundred pounds to my said trustees or trustee for the time being to be by them or him applied upon the trusts hereinafter declared touching the money to arise by sale of the residue of my real and personal estates) to the use of the said Joseph Cooper Straford and his assigns for the term of his natural life and from and after the determination of that estate to the use of the said Thomas Caddick and Henry William Harris and their heirs during the life of the said Joseph Cooper Straford in trust to preserve contingent remainders and from and immediately after the decease of the said Joseph Cooper Straford to the use of all and every the children and child of the said Joseph Cooper Straford who shall live to attain the age of twenty one years, and their, his or her heirs and assigns for ever to hold, if more than one, as tenants in common and not as joint tenants, and in default of such issue, to the use of the said Thomas Caddick and Henry William Harris, their heirs and assigns, upon trust to sell the same and pay and apply the money thence arising to the several persons, and upon the several trusts, intents and purposes hereinafter mentioned and declared of and concerning the residue and remainder of my said real and personal estates and as to, for, and concerning all the residue and remainder of my said real estate upon trust that they, my said trustees or trustee for the time being, do and shall with all convenient speed after the decease of my said wife, sell and dispose thereof, either by public sale or private contract as to them or him shall seem meet, and also, to make execute and perfect all necessary or proper deeds, writings, conveyances, surrenders and assurances, for the purpose of vesting the same in any purchaser or purchasers thereof or in such person or persons and for such uses, intents and purposes as he or they shall direct, or appoint, and I hereby declare and direct that the receipts or receipt of my said trustees or trustee for the time being, shall be a good, valid and sufficient discharge to the person or persons respectively who shall become the Purchaser or Purchasers of all or any part of my said Estate for all such sums of Money as in such receipts or receipt respectively, shall be acknowledged to be received and that such purchaser or purchasers shall not, after such receipts or receipt shall be given, be obliged to see to the application nor be answerable or accountable for the misapplication or nonapplication of such money, or any part thereof and I do hereby will, direct and declare that my said trustees or trustee for the time being shall stand possessed of the money to arise by such sale or sales as aforesaid and of and in the said two several sums of two hundred pounds each charged upon the messuages or tenements and hereditaments hereinbefore devised, to the said Joseph Cooper Straford and also of and in the rest and residue of my personal estate and effects upon the trusts and for the intents and purposes hereinafter expressed, that is, upon trust to pay the sum of three hundred pounds part thereof unto my nephew John Long his executors, administrators or assigns and upon further trust as to one equal sixth part of the residue thereof. to pay the same unto my Nephew George Long his Executors, Administrators or assigns and as to the other five equal sixth parts or shares thereof, upon trust to lay out and invest the same upon government funds or upon real or other good security at interest in their names or name and do and shall alter and vary the same from time to time as they or he shall think proper, and do and shall stand possessed thereof, upon trust as to one equal fifth part thereof to pay and apply and dispose of the interest, dividends and other proceeds thereof, unto or permit and authorize the same to be received by my Niece Diana the wife of the said Joseph Straford of Gubshill and her assigns to and for her own sole and separate use and benefit, for and during the term of her natural life, independent of the debts, control, interference and engagements of the said Joseph Straford, for which purpose I do hereby declare that the receipts, in writing, of the said Diana Straford shall, notwithstanding her coverture, be good and sufficient discharges for the same, and from and after her decease, upon trust to pay, transfer and assign the said one equal fifth part or share of and, in the said trust monies last mentioned and the funds and securities, in or upon which the same shall be then invested or placed out unto, between and amongst all and every the children and child of my said niece Diana Straford as shall be living at the time of her decease and the issue of such of them as shall have departed this life in the meantime leaving issue then living (except the said Joseph Cooper Straford) to be divided between them respectively at their respective ages of twenty one years in equal shares and proportions if more than one and if there shall be but one such child, the whole to such one child, his or her heirs, administrators or assigns absolutely. But if my said niece shall happen to depart this life without leaving any child living at the time of her decease or the issue of any such who may be dead or being such if any of them being a son or sons shall die under the age of twenty one or being a daughter or daughters shall die under that age and unmarried, then upon trust to pay, transfer and assign the said one equal fifth part or share of and in the said trust monies and the funds or securities in or upon which the same shall be then invested or placed out unto such persons or person as shall be then my next of kin and would be entitled thereto by virtue of the statute made for the distribution of intestate estates and as to one other equal fifth part or share of and in the said last mentioned trust monies, funds and securities upon trust that they the said Thomas Caddick and Henry William Harris and the survivor of them and the executors and administrators of such survivor do, and shall pay apply and dispose of the interest, dividends and other proceeds as the same shall come to their respective hands unto and permit and authorize the same to be received by my niece Elizabeth the Wife of ------------------ Stretch of the city of Worcester heretofore Elizabeth Long, spinster, for and during the term of her natural life and from and after her decease in case her husband the said Stretch shall happen to survive, here upon trust to pay, apply and dispose of the interest, dividends and other proceeds of the same, unto or permit and authorize the same to be received by the said Stretch for and during the term of his natural life and from and after the decease of the survivor of them the said Stretch and Elizabeth his wife upon trust to pay, transfer and assign the said one equal fifth part or share of and in the said trust monies last mentioned and the funds and securities in, or upon which, the same shall be then invested or placed out unto between and amongst all and every the children or child of my said niece Elizabeth Stretch as shall be living at the time of her decease and the issue of such of them as shall be living at the time of her decease and the issue of such of them as have departed this life in the meantime leaving issue then living to be divided between them respectively at their respective ages of twenty one years, in equal shares and proportions, if more than one, and if there shall be but one such child, the whole to such child his or her executors, administrators or assigns. But if my said niece shall happen to depart this life without leaving any child living at the time of her decease or the issue of any such who may be dead or being such if any of them being a Son or Sons shall be under the age of twenty one or being a daughter or daughters shall die under that age unmarried then upon trust to pay transfer and assign the said one equal fifth part or share of and in the said trust monies and the funds or securities in or upon which the same shall be invested or placed out unto such persons or person as shall then be my next of kin and would be entitled thereto by virtue of the statute made for the distribution of intestate estates as to one other equal fifth part or share of and in the said trust monies funds and securities upon trust to pay the dividends, interest and annual proceeds thereof unto my niece Charlotte Long the daughter of my sister Diana Long during the term of her natural life and from and after her decease upon trust to pay, transfer and assign the said last mentioned one equal fifth part or share of and in the said trust monies and the stocks funds or securities in or upon which the same shall be then invested or placed out unto between and amongst all and every the children or child of my said niece Charlotte Long by any husband she may hereafter marry and who may be living at the time of her decease and the issue of such of them as shall have departed this life in the meantime having issue, in equal shares and proportions if more than one and if there shall be but one such child the whole to such one child, his or her executors and administrators absolutely and in default of such issue upon trust to pay, transfer and assign the same unto such persons or person as shall be then my next of kin according to the statute made for the distribution of intestate estates as to one other equal fifth part or share of and in the said trust monies funds and securities upon trust to pay the dividends, interest and annual proceed thereof unto my niece Mary Long the daughter of my said sister Diana Long during the term of her natural life and from and after her decease upon trust to pay transfer and assign the said last mentioned one equal fifth part or share of and in the said trust monies and the stocks, funds or securities in or upon which he same shall be then invested or placed out unto between and amongst all and every the children and child of my said niece Mary Long by any husband she may hereafter marry and who may be living at the time of her decease and the issue of such of them as shall have departed this life in the meantime having issue in equal shares and proportions if more than one and if there shall be but one such child the whole to such one child his or her heirs and administrators absolutely, and in default of such issue upon trust to pay, transfer and assign the same unto such persons or person as shall be then my next of kin according to the statute made for the distribution of intestate estates and as to the remaining one fifth part or share in the said trust monies, funds and securities upon trust to pay the Interest, dividends and annual proceed thereof unto Charles Cross of Raglan in the County of Monmouth and Elizabeth his wife for their lives and the life of the longest liver of them and from and after the decease of the survivor upon trust to pay, assign and transfer the said last mentioned one equal fifth part or share of and in the said trust monies and the funds or securities in or upon which the same shall be then invested or placed out unto between and amongst all and every the children or child of my said niece Elizabeth who shall be living at the time of her decease and the issue of such of them as shall be dead in the meantime leaving issue in equal shares and proportions if more than one and if there shall be but one the whole to such one child but if there shall be no child living at the time of her decease or being such if every of them being a son or sons shall die under the age of twenty one or being a daughter or daughters shall die under that age and unmarried then upon trust to pay, transfer and assign the said one equal fifth part or share of and in the said trust monies and the funds or securities in or upon which the same shall be then invested or placed out unto such persons or person as shall then be my next of kin by virtue of the statute for distribution of intestate estates and whereas my said niece Elizabeth the wife of the said Charles Cross now owes me the sum of five hundred pounds with a considerable arrear of interest upon mortgage of certain hereditaments and premises situate on the Quay in Tewkesbury aforesaid, now I do hereby declare my will and mind to be that my said trustees or trustee for the time being shall permit and suffer the said principal sum of five hundred pounds to remain out on the said security during such time as the said Charles Cross and Elizabeth Cross, his wife, shall desire it so to do, but I do hereby declare that such sum of five hundred pounds after the decease of my wife shall not be deemed and considered as a part of the expectant share of my said niece out of my said estate and effects but from and after the decease of my said wife I give and bequeath the said sum of five hundred pounds to my said trustees or trustee for the time being to for and upon the several new trusts, intents and purposes hereinbefore mentioned and declared of and concerning the expectant fifth part or share of my said niece Elizabeth the wife of the said Charles Cross of and in the residue of my said estate and effects and I hereby nominate and appoint the said Thomas Caddick and Henry William Harris, joint executors of this my last will and testament hereby revoking all former wills by me made and do declare that it shall be lawful for my said executors to deduct and retain out of any money which by virtue of this my will may come to their or either of their hands all such costs charges and expenses as they or either of them shall sustain or be put unto in or about the execution hereof and that they shall not be answerable or accountable one for the other of them or for the receipts, payments, acts or defaults of the other of them but each only for himself and for his own acts, receipts, payments or defaults nor be charged or chargeable with any money but such as shall actually come to his or their respective hands by virtue of this my will nor with the loss of any money that shall or may be lent out upon securities or deposited or left in the hands or possession of any banker or other reputable person or persons so as the same shall not be occasioned by the wilful neglect or default of my said executors or either of them In witness whereof I, the said testator, Thomas Cooper, have to this my last Will and Testament written upon seven sheets of paper set my hand to the first six sheets thereof and my hand and seal to the last sheet the day and year first before written - Thomas Cooper. Signed, sealed, published and declared by the said testator, Thomas Cooper, asand for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses hereof . Williamm Prosser, clerk Tewkesbury. Proved 1811. |