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The Will of William Draper

 

This is the Last Will and Testament of me WILLIAM DRAPER of Gosberton in the County of Lincoln farmer. I give and bequeath unto my dear WIFE ELIZABETH DRAPER all my Live and Dead Farming Stock, Household goods, Furniture, Plate, Linen and China, Monies and Securities for Money And all other my Personal Estate and Effects whatsoever and wheresoever to and for her own use and benefit Subject neverthelefs to the payment of all my just Debts. (Except mortgage debts which I direct shall remain exclusively chargeable upon my Real Estates in exoneration of my Personal Estate) And subject also to the payment of my Funeral and Testamentary Expenses. I give and devise unto my said Wife Elizabeth Draper All my Real Estates, Lands, Tenements and Hereditaments lying and being in the Parish of Gosberton aforesaid or elsewhere of which I may die seized with the appurtenances to hold the same unto and For the use of my said wife Elizabeth Draper and her assigns during her Life if she shall so long continue my Widow (She and they from time to time paying and keeping down the Interest of any Mortgage or Mortgages thereon) And from and after the decease or Marriage of my said Wife which shall first happen, I give and devise All my said Real Estates, Lands, Tenements and Hereditaments in Gosberton aforesaid or elsewhere with the appurtenances unto and to the use of my friends Francis Pickworth of Surfleet Fen in the said County Grazier and Benjamin Wilkinson of Horbling in the said County Gentleman their Heirs and assigns Upon the Trusts hereinafter declared concerning the same (that is to say) Upon Trust that they my said Trustees and the Survivor of them his Heirs or assigns do and shall as soon as conveniently may be after the decease or marriage of my said Wife absolutely sell and dispose of my said Real Estates, Lands, Tenements and Hereditaments and every part thereof either together or in parcels and by public auction or by private contract at or for the best price or prices that can be reasonably obtained for the same. And do and shall convey and assure the said Premises unto the Purchaser or respective Purchasers thereof as he or they respectively shall direct. And upon Trust that they said Trustees or the Survivor of them his Heirs, Executors, Administrators or assigns do and shall stand and be possessed of the Monies arising from Sale of my said Real Estates, Lands, Tenements and Hereditaments Upon trust thereout in the first place to pay the Costs of such Sale or Sales and all incidental Expenses And to pay off and discharge All and every Sums and Sum of Money which may be owing on Mortgage of the said Premises or any part thereof. And then upon Trust to pay to my sons Edward Robinson Draper and Thomas Willows Draper and any Child or Children born to me after the date and execution of this my Will the Legacy Sum of Two Hundred Pounds apiece. And Upon Trust to pay distribute and divide All the Residue and Surplus of the said Monies unto and equally among my SONS AND DAUGHTERS MARY THE WIFE OF THOMAS CLARK, JAMES DRAPER, ANN THE WIFE OF WILLIAM LEVERTON, ELIZABETH THE WIFE OF THOMAS WILSON, SUSANNAH THE WIFE OF JOHN PEPPER, SARAH THE WIFE OF ROBERT LEVERTON, WILLIAM DRAPER, CHARLOTTE WOOD and the said EDWARD ROBINSON DRAPER and THOMAS WILLOWS DRAPER and any Child or Children born to me after the date and execution of this my Will in equal Shares as Tenants in Common And I give and bequeath all the said Monies accordingly. And I direct that the Legacy or Legacies and share or shares of my any said Children who may be then under the age of Twenty One years shall be paid upon their respectively attaining that age and shall be in the meantime invested by my said Trustees or Trustee in their or his own names or name Upon Government or Real Securities or Security. And the interest of each Child’s Legacy or share shall be applied for his or her benefit during his or her minority at the discretion of my said Trustees or Trustee. Provided always that if any of my present or afterborn Children shall die under the age of Twenty One Years without leaving lawful Issue, Then and in such case the Legacy or Legacies and Share or Shares and any Surviving or accruing portion of a Legacy or Share of him her or them so dying shall go and be paid to and among the others of my said Children in equal shares and be payable at the same time and in the same manner as their original Shares in the said residuary Trust Monies are made payable or as near thereto as circumstances will admit. Provided always and I hereby declare that the receipt or receipts of my said Trustees or the Survivor of them his Heirs, Executors, Administrators or assigns for the money of or which my said Real Estate, Lands, Tenements and Hereditaments or any part thereof shall be sold or for any other Money payable to them or him under or by virtue of this my Will shall be a good and effectual discharge and good and effectual discharges to the Purchaser or Purchasers of my said Real Estates, Lands, Tenements and Hereditaments or any part thereof and to all and every other persons and person paying any money to my said Trustees or Trustee for the Money which in and by such Receipt or Receipts shall be exprefsed or acknowledged to be received, and that such Purchaser or Purchasers or other person or persons shall not afterwards be bound to see to the application of the said sum or sums of Money nor be answerable or accountable for any loss misapplication or nonapplication thereof or of any part thereof. Provided also and I do hereby declare that my said Trustees respectively and their respective Heirs Executors and Administrators shall not be answerable or accountable for any more Money than they respectively shall actually receive by virtue of this my Will nor for any lofs or misfortune which may happen in or to the said Trust Estates Monies and Premises or any part thereof respectively so as the same happen without their respective willful neglect or default. Nor shall one of them my said Trustees his Heirs Executors or Administrators be answerable or accountable for the other of them but each of them for himself and his own acts and defaults only. And also that it shall be lawful for my said Trustees respectively and their respective Heirs Executors and Administrators by and out of the Monies to come to their respective hands by virtue of this my Will to deduct retain to and reimburse themselves respectively all such costs charges and Expenses as they may incur sustain or be put unto in the execution or by reason of the Trusts hereby in them reposed or anything in anywise relating thereto. I nominate and appoint my said Wife Elizabeth Draper Sole Executrix of this my last Will and Testament. I also appoint my said Wife Elizabeth Draper during her Widowhood and the said Francis Pickworth and Benjamin Wilkinson Guardians of all my Children under age at my decease during their respective minorities. I revoke all former Wills by me made. In Witness whereof I the said William Draper (the Testator) have to his my Last Will and Testament contained in this and the three preceding Sheets of Paper set my Hand and Seal (that is to say) my Hand to the first three Sheets thereof and my Hand and Seal to this fourth and last Sheet hereof this Twentieth day of April in the year of our Lord One thousand eight hundred and forty six.
The mark (X) and seal of William Draper.

Signed Sealed Published and Declared by the said William Draper (the Testator) as and for his Last Will and Testament in the presence of us who present at the time have in his presence at his request and in the presence of each other have subscribed our names as witnesses (signed) George Wiles, Benj Woods

LDS 199209

 

 

This Will was kindly  transcribed and sent in by Bonnie.

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