Birth, Marriage and Death Indexes 1837-2004

 

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The Will of John Banting

 

This is the last Will and Testament of me John Banting of Bampton in the County of Oxford, Gentleman, made this fifteenth day of May one thousand eight hundred and fifty one as follows - I give and devise to Jane Clark a niece of my late wife and daughter of Mrs Mary Clark of Bampton all that cottage or tenement in Cheapside in Bampton aforesaid now in the occupation of George Giles to hold to the said Jane Clark her heirs and assigns for ever I give and devise to Mary Clark another daughter of the said Mary Clark all that other cottage or tenement adjoining the last named and on the East side thereof now in the occupation of Mrs Hoare and Mrs Hughes to hold to the said Mary Clark her heirs and assigns for ever I give and devise to my nephew Mr William Banting of Kensington, London, Gentleman, and my friend Mr William Angell Smith of Bampton aforesaid, Grocer, all that my small allotment of land containing about an acre situate in Bampton aforesaid on the north side of the road leading from Bampton to Aston to hold to them their heirs and assigns upon trust to allow my great nephew Mr Thomas Banting son of the said William Banting to purchase the same if he pleases at the sum of fifty pounds clear of all expenses to my Estate and if he declines then to sell the same for the best price that can be obtained by private contract and for the purpose of either of the said sales to have full power to enter into and execute all necessary contracts conveyances and assurances to convey and assure the said Land to the purchaser or purchasers thereof and stand possessed of the money to arise by such sale to whomsoever made upon trust to pay my sister Hannah Banes five pounds; my nephew James of Oxford, son of my late brother Richard, five pounds; my great niece Martha, daughter of my said nephew James, five pounds; my great niece, Emma, another daughter of my said nephew James, five pounds; to my nephew Samuel Pullen and my niece Mary Pullen, a son and daughter of my sister Mary Pullen of Windsor five pounds each; to the said Mrs Mary Clark five pounds and to each of her daughters Margaret and the said Jane and Mary Clark five pounds each. I give to my nephew the said James Banting of Oxford the one leaved mahogany dining table that belonged to my Father and the residue of my household furniture and all other personal estate except money and securities for money I give to my said great nephew Thomas Banting to whom after my decease the house in which I now reside belongs All my said money and pecuniary estate I give to my said nephew and trustee William Banting upon trust to pay thereout all my just debts funeral and testamentary expenses and to give his co-trustee Mr Smith one guinea and keep the residue for his own use to be disposed of as he thinks proper  I appoint my said nephew William and the said William Angell Smith joint trustees and executors of this my Will and declare that their receipts for any money payable to them shall exonerate the persons paying the same from the necessity of seeing to the application thereof and from all liability with respect to the application or non application thereof And I declare that the one of my Trustees shall not be answerable for the other of them but each of them for himself only and his own respective acts deeds receipts and wilful neglects only    In witness whereof I the said John Banting the Testator have to this my last Will and Testament contained in two sheets of paper set my hand the day and year first before written     

                                                              John Banting

Signed by the said testator as and for his last Will and Testament in the joint presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

R.H.Bullen, Solt Bampton, Oxon

W.Holloway, Bampton, Oxon

 

This will was proved at Oxford on the fourth day of August in the year one thousand eight hundred and fifty one before the Reverend Thomas William Goodlake Surrogate of Joseph Phillimore LLD Chancellor of the Diocese of Oxford by the oath of William Angell Smith one of the executors therein named to whom Administration was granted he having first sworn duly to administer  (Power reserved to William Banting the other executor to take out probate when he shall lawfully require the same.)

 

Sworn under £200

 

Testator died 24th May 1851

 

This Will was kindly transcribed and sent in by Heather.

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