This is the Last Will and Testament of Thomas Hart of Tewkesbury in the county of Gloucester, chairmaker and victualler. First, I direct all my just debts, funeral and testamentary expenses be paid by my executor and executrix, hereinafter named, out of my personal estate, and I further direct them by and out of a sum of two hundred pounds, to which I am entitled from a certain society called the "Second Borough of Southwark Building and Investment Association," to pay off and discharge a mortgage for one hundred and forty poundsd upon certain property of mine called Swilgate Mansion, and a cottage or tenement in Pursers Court, and interest due thereon, and apply the remaining part in payment of my said debts and expenses, or as far as the same will extend. I give and bequeath unto my dear wife Elizabeth, all my household goods, stock in trade and the remainder of all other my personal estate, ------ out share being number 325 which I have in the above mentioned building and investment association, subject to the payment of the remainder of my aforesaid debts and expenses if any absolutely. I also give and devise unto my said wife all that my cottage or tenement situate in Laights Court in Tewkesbury aforesaid to hold to her, her heirs and assigns for ever. I give, devise and bequeath unto my friends William Potter of Barton Street Tewkesbury, gentleman, and William Knight of the same place, cordwainer, all that my cottage or tenement called Swilgate Mansion now in the occupation of Henry Davies at the Back of Swilgate in Tewkesbury aforesaid. Also all that my said cottage or tenement situate in Pursers Court Tewkesbury aforesaid now in the occupation Joseph Rigby and all those my other cottages or tenements situate in Saint Mary's Lane Tewkesbury aforesaid now in the respective occupations of Ann Sallis, Charles Ball, Thomas Bevan, James Cole, ------ Ballinger, ----- Booth and ------- ----, and also all that my said share number 325 in the aforesaid building and investment association, to hold to said William Potter and William Knight the younger, their heirs, executors, administrators and assigns according to the legal nature and quality thereof respectively upon the trusts following, that ius to say, upon trust during the continuance of the said building and investmemnt association, to receive the rents and profits of my said real estate and therewith pay, discharge and keep up all subscriptions and payments in respect of said share in the aforesaid association until the termination thereof and apply the remainder of the said rents and profits for the benefit of my daughter Joan and my son George until the termination or close of the said associatin in equal proportions. And then upon trust to pay and apply the whole of the said rents and profits and the amount to be received for my said share in the said association unto and equally between my children or otherwise for their benefit until they shall repectively attain the age of twenty one years. And when and as my said children shall attain their respective ages of twenty one years I give and devise to my said daughter Joan all that my said cottage or tenement in Purser's Court to hold to her, her heirs and assigns for ever. I also then give and devise unto my said son George all that my said seven cottages or tenements in Saint Mary's Lane aforesaid to hold to him, his heirs and assigns for ever. Provided that if either of my said children shall depart this life before attaining the age of twenty one years and without leaving lawful issue, then the ------- association and the aforesaid hereditaments shall go to and for the benefit of the survivor of them to whom I give, devise and bequeath the same absolutely. And I direct that the devise and bequest hereby made to and in favour of my said daughter shall be for her sole use and benefit and not subject to the control, debts or interference of any husband she may marry and that her receipt for any purchase or other money notwithstanding coverture shall be an effectual discharge. Provided always that if my said trustees or either of them or any person or persons to be appointed under this clause shall be unwilling or incompetent to execute the trusts of my will, it shall be lawful for the competent trustee, if any or if none, for the executors or administrators of the last surviving or acting trustee to substitute by any writing under his, her or their hsnd or hands, any fit person or persons in whom, about or, as the case be, jointly with the surviving or continuing trustee, my trust estate shall be vested. Provided also and i declare that the receipts of the trustee or trustees for the time being of my will for all monies to be paid to him, her or them by virtue hereof shall exonerate the person or persons taking the same from all liability. And I exempt every trustee of my will from liability for losses arising without his or her own wilful default and authorize them to retain and allow and allow to his or her cotrustee all expenses incidental to the trusteeship. And I appoint my said wife and the said William Knight the younger, executor and executrix of this my will, hereby revoking all former wills. In witness whereof I have hereunto set my hand and seal the twenty ninth day of May one thousand eight hundred and fifty. Thomas Hart.
Signed, sealed, published and declared by the said Thomas Hart as and for his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed or names as witnesses .
John Smith, barber.
George Sayer both of Tewkesbury
Proved 1851 |