Last Will and Testament of William Potter of Tewkesbury. Gentleman.

1844

This is the Last Will and Testament of me, William Potter of Church Street. Tewkesbury in the county of Gloucester, gentleman. I give, devise and bequeath the whole of my real and personal estate and effects whatsoever and wheresoever unto Samuel Healing of Tewkesbury aforesaid, malster and Joshua Thomas of the same place , gentleman, their heirs, executors, administrators and assigns, upon trust as soon as conveniently may be after my decease to sell and dispose of the whole of my real and such part of my personal estate as shall not consist of debts, monies or securities for money, by public auction or private contract and in such manner and form in every respect as to my said trustees shall seem best and to call in and collect the debts which may be due and owing to me at the time of my decease and to stand possessed of the monies arising from such sale and disposition and of all other my said estate and effects (after defraying the costs and expenses attending the execution of the trusts of this my will), upon trust in the first place to pay my just debts, funeral and testamentary expenses, and to divide the clear residue into three equal shares and to pay or retain to himself the said Samuel Healing, his executors, administrators or assigns one of such shares and to pay my nephew, Henry Kingsbury of Uxbridge, his executors, administrators or assigns one other of such shares and to stand possessed of the other or remaining share upon trust to lay out and invest the same at interest on government, real or chattel securities, as to my said trustees shall seem best and to pay the dividends, interest and annual proceeds of such third share to my niece Sarah the wife of Edwin Lees, during her life for her sole and separate use. And on her decease to divide and pay the said third share, unto and equally between the said Samuel Healing and Henry Kingsbury or their respective executors, administrators or assigns. And I declare that the receipts of my said trustees and the survivor of them his heirs administrators and assigns for the monies to arise from the sale or sales hereinbefore directed shall be good and effectual discharges to the person or persons paying the same, and each person or persons shall not afterwards be obliged to see to the application of the monies in such receipt or receipts expressed or acknowledged to be received, or be answerable or accountable for the misapplication or nonapplication thereof. And I appoint the said Samuel Healing and Joshua Thomas joint executors of this my will. And I revoke all former wills, in testimony wherof I have hereunto set my hand and seal this twenty eighth day of September one thousand eight hundred and forty four.

Signed, sealed, published and delivered by me, the said William Potter, the testator and and for this my Last Will and Testament in the presence of us both present at the same time who thereupon in his presence subscribe our names as witnesses.

Benjamin Thomas, Tewkesbury
-------------- Thomas, Tewkesbury

This is a codicil to the Last Will and Testament of me, the above named William Potter. I devise that the residue of my estate instead of being divided into three equal parts shall be divided into four equal parts, and I give one of such fourth parts to the above named Samuel Healing. One other of such fourth parts to the above named Henry Kingsbury. One other of the said fourth parts to the above named Sarah Lees. And the remaining fourth part to the children (in equal shares) of my niece Harriet Dudfield, deceased. And I revoke such parts of my will as are inconsistent with the disposition now made. Provided nevertheless and it is my will that in case any claim shall be made after my decease by William Lees, the husband of the said Sarah Lees, or by anyone claiming under him to any part of a sum of one thousand pounds left by James Kingsbury, deceased, to his daughter Ann Kingsbury, then and in such case the bequest hereinbefore made to the said Sarah Lees shall be void , and the fourth part of my estate hereby given to her shall be divided (in three equal parts) between the said Samuel Healing, Henry Kingsbury and the children of the said Harriet Dudfield. The children of the said Harriet Dudfield taking only one such part amongst them. In all other respects I ratify and confirm my will. In testimony whereof I have hereto set my hand this fourth day of March 1850.

Signed by the said William Potter in the presence of us who, present at the same time who thereupon in his presence and in the presence of each other subscribed our names as witnesses.

Edmund Rudge jun.
Richard Washboun?

Proved 1857.

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