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Will
of John Howes written 26
June 1801 with Codicil
written 13 Jul 1801
In
the name of God Amen
I
John Howes of the City
of Gloucester innholder,
being weak in body but
of sound and disposing
mind, … and
understanding do make
and declare this my last
will and testament in
manner and form
following (that is to
say) I give devise and
bequeath unto my friends
Rowland ?Brand of the
city of Gloucester
waggoner John Smith of
Frogwill in the county
of Gloucester innholder
and Samuel Jones of the
city of Gloucester
brushmaker their
Executors administrators
and assigns all my
household goods and
chattels stock in trade
estate and effects of
what nature or kind so…
and wheresoever situate
and … … and security
for …. Whereof or … I
may be any ways
possessed of or entitled
with at the time of my
decease. Except as
hereinafter mentioned.
To hold to …. The said
Rowland Brand John Smith
and Samuel Jones their
Executors administrators
and assigns upon this
special trust and
confidence …. (that is
to say) that … my said
trustees or the survivor
of them or the executors
or administrators of
such survivors do and
shall as soon as
conveniently can be
after my decease or as
soon as they shall deem
it most expedient and
advantageous sell and
dispose thereof in the
best way they can and
call in and … all such
debts … and … of … as
shall be due and owing
to me at the time of my
death and after payment
of my debts and funeral
expenses. Plans and
apply the residue of the
… arising by such sale
or disposal thereof and
the … so to be called in
and zer.. upon … or
other good and
sufficient security or
securities …. ….. and in
such manner as they
shall deem most
advantageous and proper
and the interest and
dividends therefrom
arising from time to
time to pay apply and
dispose of in manner
following (that is to
say) in trust that they
my said trustees do and
shall pay apply and
dispose of a sufficient
part thereof for the
maintenance education
and support of my son
John Howes until he
shall attain to the age
of twenty one years and
when he shall have
attained the said age of
twenty one years then in
trust to pay … transfer
and … all the residue of
my estate and effects
and the security and
securities for the same
and the interest
dividends and product
thereof as shall not
have applied for and
towards the maintenance
education and support of
my said son as aforesaid
until him my said son
John Howes for his own
use and benefit and in
case of the death of my
said son before he shall
attain that age then I
give and bequeath the
following legacies that
is to say to my brother
Thomas Howes the sum of
twenty pounds to my
sister Elizabeth Tom?
wife of George Toms the
sum of twenty pounds to
my sister Sarah Smith
wife of the said John
Smith the sum of twenty
pounds and to my sister
Arabella Turner the sum
of twenty pounds and
after payment of the
said several legacies
then upon trust to pay
and divide the principal
… and the interest and
dividends arising from
the said securities unto
and amongst all and
every the child and
children (lawfully
begotten) as shall be
then living of my sister
Arabella and Turner and
my late sisters Mary
Durn? And Ann Twining
share and share alike
when they shall
respectively arrive to
the age of twenty one
years. But my will …..
is and I direct that
they my said trustees do
and shall in the first
place out of the
interest and dividends
arising from the sale of
my estate and effects as
aforesaid pay unto by
dear mother Marry Howes
by four quarterly
payments for an during
the term of her natural
life the sum of forty
pounds yearly and every
year the first payment
thereof to commence from
the day of my death
which said annuity of
forty pounds I give and
bequeath to my said
mother and subject and
charge the said interest
and dividends with the
payment thereof
accordingly whereas I am
concerned jointly with
the said Samuel Jones in
the occupation of a farm
… by us of his Grace the
Duke of Norfolk or Giles
Greenaway esquire agent
to the said Duke for a
.. of years part whereof
and now unexpired I
therefore give and
bequeath to the said
Samuel Jones his
executors and
administrators all my
part share and interest
of and in the same
together with the stock
of cattle corn grain …
implements of husbandry
and farming utensils in
and upon the said farm
or elsewhere that may
belon to me at the time
of my decease upon this
special trust and
confidence in him
reposed (that is to say)
in trust to buy sell and
… the arrangement and
cultivation thereof
during the term therein
to … at my death and the
… or half part of the
clear profits arising
therefrom to … in the
same funds from time to
time as this .. shall be
… as the monies
hereinbefore mentioned
are … out and invested
or on some other good
and sufficient security
and which I order and
direct shall be paid
applied and disposed of
upon the same trusts and
for the said purpose as
are herein before by me
given and directed
respecting the disposal
of the money arising
from the sale of my
estate and effects
hereinbefore mentioned
and my will .. is that
the said Rowland Brand
and John Smith shall not
in any wise … with or be
… in the management or
cultivation of the said
farm or the business
thereof but what the
said Rowland … remainder
very illegible but all
seems to be about future
management of farm.
Proved London in August
1802.
National Archives (PROB
11/1379)
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