Last Will and Testament of William Walker of Tewkesbury. Innholder.

1834

This is the Last Will and Testament of me, William Walker of Tewkesbury in the County of Gloucester, Innholder. I give and bequeath to Richard Wallis of Tewkesbury aforesaid, gentleman, and Robert Young the Elder, of the same place, wine merchant, All and singular my messuages, lands, tenements and hereditaments and all other my real estate of whatsoever kind and quality and wherever the same may be situate, lying and being. And all and singular my personal estate of whatsoever kind and quality, to hold to them, the said Richard Wallis and Robert Young, their heirs, executors, administrators and assigns, on trust as to the said real estate to sell and dispose of the same by public auction or private contract and at such time and in such way and manner in every respect as to my said trustees may seem reasonable and proper and from and out of such sale, or by and with my personal estate as to them may seem best, to pay and satisfy all my just debts, and after payment and satisfaction thereof, unto my wife Ann Walker during the term of her widowhood and then upon her death or second marriage to pay and divide such surplus or principal so invested between such of my children as may be living at the time of the decease of my said wife or her second marriage, share and share alike provided that either of my sons attaining his majority or the marriage of either of my daughters, the share which he or she may have at the decease or second marriage of my said wife shall be considered as though vested in him or her and then-------- but not in any way so vested as to injure the life interest of my said wife in the whole of the said surplus or principal and I do hereby expressly give to my said trustees full power and authority to compound and settle my debts due and owing to use and ----------------- adjust and settle my affairs in such way as to them may seem best provided always. And I hereby declare that the receipt or receipts of the said Richard Wallis and Robert Young and of the survivors of them and the executors, administrators and assigns of such survivor for any money payable to them or him respectively by virtue of those presents shall be officially discharge the person or persons paying the same from being answerable or accountable for the misapplication or nonapplication thereof, or from being obliged to see to the application thereof or to enquire into the necessity or propriety of any sale or mortgage that may be made or accepted under, or by virtue of, this my will provided always. And I do hereby declare that if the trustees appointed in this my will or to be appointed as hereinafter mentioned, or any of them or their or any of their heirs, executors, administrators and assigns shall happen to die or be desirous of being discharged from or refuse, decline or be incapable to get in the trusts hereby in them respectively reposed as aforesaid, before the said trusts shall be fully executed then, and in such case, and when and so often as the same shall happen, it shall and may be lawful to and for the surviving or continuing trustee or trustees or the executors or administrators of the last surviving or remaining trustee by any deed or deeds,instrument or instruments, in writing to be by them, him or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to nominate, substitute or appoint any person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharges or refusing or becoming incapable to act as aforesaid, and when and so often as any new trustee shall be nominated and appointed as aforesaid, all the trust estates ----- and promises the trustee or trustees whereof shall be thereupon with all convenient speed conveyed, assigned and transferred in sort and manner and so as that the same shall and may be legally and officially vested in the person or persons so to be appointed as aforesaid, either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require, to the uses and upon and for the trusts intents and purposes hereinbefore expressed and declared, and concerning the said trust estates, -------- and premises or such of them as shall be then subsisting undetermined and capable of taking effect, and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose room he or they shall be substituted provided always. And I do hereby further declare that the said trustees hereby appointed and to be appointed as aforesaid and each and every of them shall actually receive by virtue of the trusts hereby in them reposed, notwithstanding their or any of their giving, signing or joining, in giving or signing any receipt or receipts for the sake of propriety and any one or more of them shall not be answerable or accountable for the others or other of them, or for involuntary losses. And also it shall and may be lawful for them with and out of the moneys which shall come to their respective hands by virtue of the trust aforesaid, to retain to and reimburse themselves respectively and also to allow their respective cotrustees or cotrustee all costs, charges, damages and expenses which they or any of them shall or may suffer, sustain, expend, disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto. And I nominate, constitute and appoint the said Richard Wallis and Robert Young, executors of this my will. In witness whereof I, the said William Walker have to the first two sheets of this my will, contained in three sheets of paper set my hand and to this third and last sheet my hand and seal, this twenty second day of March in the year one thousand eight hundred and thirty four. William Walker. Signed, sealed, published and declared by the said testator, William Walker as and 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 thereto.

George Williams, solicitor, Tewkesbury
William Price Jnr. of Tewkesbury, gent.
George Sayer, clerk to Mr. Williams.

Proved 1834.

Back