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The Will of Thomas Fitt
I Thomas Fitt of the Parish of Hursley in the County of Southampton Gentleman do make this my last Will and Testament in Manner following That is to say first I will and direct that all and every my just debts funeral and Testamentary Expenses shall be full paid and satisfied out of my Effects by my Executors hereinafter named as soon as conveniently may be after my Decease Also I give devise and bequeath all and singular the Household furniture Books Linen Wearing Apparel Plate China Glass and other table Goods and Effects of a like sort or kind which I shall be possessed of at the Time of my decease unto my dear Wife Sarah Fitt during the term of her natural life But I request that an Inventory thereof subscribed by her may be taken by my said Executors and from and after her Decease I will that the same and every part thereof may be sold and disposed of for the equal benefit of my three children namely Sarah Thomas and Edward or such of them as may be living at the time of her Decease and the issue of such as may be dead such issue to take his her or their parents share or that such household furniture and effects may be divided equally amongst them as they my said children may prefer. Also I do will and direct that my Executors hereinafter named shall and do at their or his discretion and as they or the survivor of them may see occasion call in and compel payment of all such parts of my personal Estate and Effects as shall consist of Money out on security at Interest or otherwise (except only Money in the public funds) and also collect and get in all Book and other debts owing to me at the time of my Decease in such manner as they shall think expedient and the Receipt or Receipts of them or him shall in all cases be a sufficient and effectual discharge and discharged for such sum or sums of money as shall therein respectively be expressed and the /person or persons paying off or discharging and such debt or security shall not be obliged afterward/ to see to the application or be in any way liable to answer for the Misapplication thereof or of any part thereof Also I give and devise all my freehold Copyhold and Leasehold Messuages or Tenements of and Hereditaments and premises situate lying and being within the Parish of Hursley aforesaid or elsewhere in the Kingdom of Great Britain unto my Brother James Fitt of Westley my friend James Fitt of Pitt Gentleman and my friend William Cordery of Hazely Farm Gentleman and their Heirs Executors and Administrators to the used upon the Trust and for the unto intents and purposes hereinafter expressed concerning the same that is to say upon Trust that they my said Trustees or the Survivor of them or the Executors or Administrators of such survivor do and shall as soon as conveniently may be after the Expiration of one year after my decease sell and dispose of my said Copyhold Estate where I now reside and all such other property whether freehold Copyhold or Leasehold as I may possess at the time of my decease by Public Auction or private contract in one ore more Lots as my said Trusts shall seem most advantageous/ having first caused the same to be advertised for sale in the Salisbury and Winchester Journal The Hampshire Chronicle and the Farmers Journal for several times in each newspaper/ and that they may said Trustees or the survivor of them do receive the money for which the same or any part thereof shall be sold and give Receipts for the same which Receipts I do will and declare shall exempt the purchaser from being answerable for the Misapplication or Nonapplication of the purchase Money or from being obliged to see to the Application thereof and as to and concerning all and singular my money in the funds Crops of corn and Hay farming stock Implements of husbandry and all other the property which I shall be possessed of or entitled unto or own which I shall have a disposing power at the time of my decease of what nature or kind serves the same may be I give devise and bequeath the same and every of them unto my said Trustees and Executors their heirs executors and administrators according to the nature of the said Estates and property respectively In trust nevertheless to sell and dispose of the same and every part thereof as soon as conveniently maybe after my decease either by public Auction or private contract as they my said Trustees may think best and from and after payment of all my debts and funeral and Testamentary Expenses and the three Legacies howafter mentioned In Trust to lay out and invest the money to arise from such sale or sales (except money already in the funds) upon Government or other good and sufficient security at Interest with full power for them my said Trustees or survivor of them to call in and now place out the same in such manner and as often as they may think fit and from and out of the interest to arise therefrom in trust to pay unto for my said Dear wife one annuity or yearly sum of £150 clear of all deductions whatsoever during the term of her natural life by equal half yearly payments to commence immediately after my decease and I direct that such annuity shall be paid into the proper hands of her my said wife for her own sole and separate use to the Intent that the same or any part thereof may not be subject or liable to the control order or Incumbranced of any future husband and that the Receipt of her my said wife or of such person as she shall appoint to receive the same or any part thereof shall notwithstanding her coverture be from time to time and entire and sufficient discharge to my said Trustees or the survivor of them his executors or administrators for the payment thereof provided nevertheless that the above annuity is given to my said wife in lieu and satisfaction of her widowhood or ? which she may claim or be entitled to hold and enjoy in my Copyhold Estate whereso I now reside she having in my lifetime consented and agreed ? and from and out of the residue of the Interest or yearly dividends to arise from the said Trust monies and promises I will direct and authorize my said Trustees or the survivor of them or the executors or administrators of such survivor to pay and allow unto my said dear wife for the Board Maintenance and Education of any respective children such and so much money as they shall deem necessary and proper and I direct that my said Trustees together with my said wife shall be the Guardians of and see to the Instruction and bringing up of my said children until their respective arrivals at the age of twenty five years or Day of Marriage as howafter mentioned and from and after the decease of my said wife there upon Trust to pay and divide the whole of the aforesaid Trust monies and premiums together with the savings or accumulations of Interest which may have been added thereto equally unto and amongst my three children above named and to and amongst the issue of such of them as may be then dead leaving issue such issue to take the share of his her or their deceased parent provided nevertheless that no child’s portion shall be paid to him her or them until him her or their arrival at the age or respective ages of 25 years unless her she or they shall have been previously married with the consent in writing of my said Trustees or the survivors of them his Executors or Administrators first had and obtained In which case I will and direct that the share of him her or them so marrying shall be paid on the Day of Marriage and lastly I do hereby nominate constitute and appoint my said Brother James Fitt and the said James Fitt of Pitt and the said William Cordery of Hazely joint Executors of this my will and Trustees for the Purpose of carrying the same into Effect (to whom I leave the sum of £10 each wherewith to purchase mourning or other token in Remembrance of me/ hereby revoking all former and other will or wills by me at any time heretofore made and declaring this only to be and contain my last Will and Testament in Witness whereof I the said Thomas Fitt the Testator have to this my will contained in five sheets of paper to the first second third and fourth sheets thereof set my hand and to this firth or last sheet thereof my hand and seal the eighteenth day of November one thousand eight hundred and twenty Thomas Fitt signed sealed published and declared by the Thomas Fitt the Testator as and for his last will and Testament in the presence of us who in his presence at his Request and in the sight and presence of each other have subscribed our Names as witnesses thereto Any F. Todd atty. winton Thos Lloyd J. K. Todd his clerks
Proved at London 11th April 1822 before the Judge by the oaths of James Fitt the brother James Fitt and William Cordery the Executors for who administration was granted they having been first sworn by common only to administer.
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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