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The Will of Daniel Christmas

 

This is the last Will and Testament of me Daniel Christmas of Alton in the County of  Southampton, Butcher, whereby I commend my Soul to God and dispose of my worldly estate and effects in manner following /that is to say/ first I appoint my friends Richard Hammond of Alton aforesaid Grocer and Jeffery Joy Cottee of Alton aforesaid Gentleman Executors of this my will. Also I give and devise unto them all that my freehold messuage or dwelling house and appurtanences in Alton aforesaid and also all other my real estates of every description in Alton as aforesaid    ?    to hold to the said Richard Hammond and Jeffery Joy Cottee their heirs and assigns absolutely.  Also I give and bequeath unto the said Richard Hammond and Jeffery Joy Cottee all and every my Personal Estate of every kind upon Trust with such part of my said real and personal estate and effects as may be necessary for that purpose to continue to carry on with the assistance of my Wife Hannah whilst my widow my present business for such time or period whilst any or either of sons shall be under the age of twenty one years or any or either of my daughters shall remain under that age unmarried as my said trustees and executors or the survivor of them his executors or administrators shall think advisable and therein do and shall employ such person or persons to conduct or superintend the same with such salary wages or other compensation as to them or him may appear necessary and as to any part of my said real or personal estate not wanted for that purpose upon trust to place the same at interest upon public or private real security and as to the profits of the said business as well as the rents and profits of any real or personal estate, upon trust to apply the same for and towards the maintenance and support of my said wife whilst my widow and such one or more of my children for such periods and manner to the exclusion of the other or others as my said trustees and executors or the survivor of them his executors or administrators shall think proper and as to the savings /if any/ after such application upon trust to place out or invest the same by way of interest of the trust funds or monies in manner and for the purposes hereinbefore and hereinafter directed and mentioned and I empower the said Executors and Trustees or the survivors or survivor of them his executors or administrators to advance from and out of the trust monies with any one or more of my children by way of premium as an apprentice for to any trade or business any sum they shall think proper not exceeding twenty pounds for each such child and when and so soon as all and every child which I shall leave being sons or a son shall have attained the age of twenty one years or being daughters or a daughter shall have attained that age or married under it then I direct my said Executors and Trustees or the survivor of them his executors or administrators to sell and absolutely dispose or such my said real estates as may not previously be disposed of by virtue of any power herein contained for that purpose and also to turn into money the whole of the trust estate and effects to be then remaining in their or his hands and so to the monies to result from  the aforesaid sales and generally to be received by and in the hands of the said executors and trustees or the survivor of them his executors or administrators after each and every of my said children shall have attained the age of twenty one years as as to daughters or a daughter shall have married under it upon trust after payment of all my just debts to pay and divide the same into and equally between my said wife if she shall be then my widow and such children and shall leave at my decease who shall be then living and the legal personal representatives of such my said children as shall be then dead share and share alike and I declare that all and every the provisions hereby made for my said wife are in lieu and full satisfaction and that the        ?          or any part thereof by her shall be a complete bar and  ? of and for all    ?     or    ?    or other right she may claim or be entitled to of my from all and every my said real or personal estate and effects. And I hereby empower the said Richard Hammond and Jeffery Joy Cottee or the survivor of them his heirs and assigns whether any such business shall be then carried on or not at any time or times after my decease and before the same are hereinbefore expressly directed to be sold at their or his entire discretion to sell and absolutely dispose of the whole or any part of my said real estate either by public auction or private contract and in such lots or parcels as they or he shall think fit for the most money to be had or gotten for the same and for    ?      all and every the sale or sales herein directed and generally for effectuating the trusts of this my will.  I hereby direct or declare that the receipt and receipts of my said trustees and executors or the survivor of them his heirs executors administrators or assigns respectively for any purchase or other monies receivable by them or him by virtue of this my will or the trusts thereof shall be a good and effectual discharge and good and effectual discharges to all and every purchaser and purchasers or other person or persons to whom the same shall be given for so much purchase or other money and on such amount as in such receipt or receipts shall be expressed to be received without such purchaser or purchasers or other person or persons being obliged to see the application thereof or in anywise answerable for the misapplication or nonapplication thereof after such receipt or receipts given.  And I hereby declare that my said executors and Trustees or the survivor of them his heirs executors administrators or assigns shall not be answerable or accountable for any loss or damage which shall happen to the stock or capital to be employed in the said business by bad debts suits at law or in equity or any other casualties or accidents or by reason of the trusts or confidence which they or any of them shall or may repose in any servant or servants Banker Broker or other person with whom any of the trust monies may be deposited or lodged for safe custody or otherwise or for any other loss or damage which may happen about the execution of this my Will or the trusts hereby in them reposed and that they my said Executors and trustees or the survivor of them his heirs executors and administrators shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his or their hands by virtue of this my will and that is shall be lawful to and for each and every of them by and out of all or any of the monies which shall come to their or any of their hands by virtue thereof to deduct and retain to and reimburse themselves and himself and allow to his and their co-trustee or co-trustees all such costs charges and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of all or any of the trusts hereby in them reposed or in anywise relating thereto. Lastly I revoke all other wills by me made.  In witness whereof I the said Daniel Christmas/ the Testator/ have to this my last Will and Testament contained in this and the two preceding sheets of paper set my hand and seal/ that is to say/ to the two first sheets my hand and to this last sheet my hand and seal the twelfth day of January in the year of Our Lord one thousand eight hundred and twenty one Daniel Christmas signed sealed published and declared by the said Daniel Christmas/ the testator/ as and for his last Will and Testament the day of the date in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Charles Trimmer, Alton, Sol. George Wickham, Alton, Draper  Jas. Holding clerk to W. Trimmer

On the 9th day of March 1848 Administration/ with the Will annexed / of the Goods Chattels and Credits of Daniel Christmas late of Alton in the County of Southampton Butcher, deceased was granted to Daniel Christmas one of the natural and lawful children and as such / he having attained the age of twenty one years / one of the Residuary Legatees named in the said Will being first sworn by commission duly to administer Richard Hammond the surviving Executor and surviving Universal Legatee In trust named the said Will having   ?   the Probate and execution of the said Will and also the Letters of Administration (with the said Will annexed) of the goods of the said deceased. All the natural and lawful children of the said deceased having attained the age of twenty one years (as be Acts of Courts approves).

 

 

 Catalogue ref:Prob 11/2070

 

 

This Will was kindly transcribed and sent in by Anne.

If you feel that any of the persons named in the above will is a person that you are researching, then you can Contact Anne by Email 
 

 

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