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The Will of Richard Kirtland

 

This is the last Will and Testament of me Richard Kirtland of Hooknorton in the County of Oxford Shoemaker I give and devise all my messuages tenements and hereditaments in Hooknorton aforesaid and all other my Real Estate whatsoever and wheresoever unto my good friends William Potter of Lower Stoke in the Parish of Hunnington in the County of Warwick ffarmer Richard ffletcher of Charingworth in the Parish of Ebrington in the County of Gloucester ffarmer and William Perrott Horton of Wigginton in the County of Oxford ffarmer their heirs and assigns Upon Trust that they the said William Potter Richard ffletcher and William Perrott Horton or the survivor of them his heirs or assigns shall and do pay to or otherwise permit and suffer my daughter Hesther the Wife of William Salter to have receive and take the rents issues and profits thereof for and during the term of her natural life and on her decease do and shall as soon as conveniently may be after her decease sell and dispose of the whole of my said Real Estate in such manner as they or he shall think proper for the best price or prices which can be reasonably had or obtained for the same And upon further Trust that they my said Trustees or the survivor of them his executors and administrators do and shall receive the monies to arise from such Sale or Sales as aforesaid and my Will is that my said Trustees or the survivor of them his executors and administrators shall stand and be possessed of all the monies to arise from the arise said Sale or Sales In Trust for such Children of my said Daughter Hesther Salter as shall be living at the time of her decease and the Issue then living of such Children of my said Daughter as shall then be dead and in such manner as they shall take per stirpes and not per... and so as no person or persons may take under the description of Issue unless his or her Parent shall have departed this life Provided and my Will is that the receipt and receipts of my said Trustees or the survivor of them his heirs or assigns for the monies to arise from the Sale of my aforesaid Real Estate by virtue of the aforesaid Trusts be an effectual discharge for the said monies or so much thereof as in such receipt or receipts shall be acknowledged or expressed to be received and the person or persons paying the same his her or their heirs executors or administrators shall not afterwards be liable to see to the application thereof or answerable for the misapplication or nonapplication thereof & I give and bequeath all my Household goods and ffurniture to my Granddaughter Ann Kirtland and the Rest and residue of my Personal Estate of what nature or kind soever the same may be I give and bequeath to the said William Potter Richard ffletcher and William Perrott Horton their executors and administrators upon Trust that they the said William Potter Richard ffletcher and William Perrott Horton or the survivor of them his executors or administrators do and shall as soon as conveniently may be after my decease sell and convert into money such part of my said Personal Estate as shall be in its nature Saleable and collect get in and receive the Residue thereof And my Will is that my said Trustees or the survivor of them his executors and administrators shall stand and be possessed of all the monies so to be got in and received as aforesaid Upon Trust that they and he do and shall with all convenient speed thereout in the first place pay and discharge all my just debts together with my ffuneral and Testamentary expences and after the several payments aforesaid do and shall retain the sum of ten pounds apiece for the trouble they will have in executing the Trusts of this my Will and then do and shall pay to my son Henry Kirtland who is now in America the sum of two hundred pounds the same to be paid to him within six Calendar Months after my decease and then shall and do retain four several sums of forty pounds for the equal benefit of the four Children of my said son Henry now living with him viz Elizabeth William Richard and Thomas and invest the same in the Banbury Bank for Savings in the names of them my said Trustees and shall and do pay the said several sums of forty pounds to each of my said four Grandchildren on their severally attaining the age of twenty one years the same however to be considered as vested immediately on my decease and then do and shall in the next place thereout retain the sum of three hundred pounds and lay out and invest the same in their or his names on Government or Real Securities and do and shall from time to time alter vary and transpose such Securities for others of the like nature at their or his discretion And upon further Trust that they or he do and shall receive the dividends and interest of the said Securities as they shall become due and pay and apply the same in the maintenance and education of my said Granddaughter Ann Kirtland until she shall attain the age of twenty one years or be married and on the first of these events happening shall and do pay the said dividends and interest into the proper hands of my said Granddaughter for her sole and separate use and benefit during the term of her natural life and from and immediately after the decease of the said Ann Kirtland I direct that my said Trustees and the survivor of them and the executors and administrators of such survivor shall stand and be possessed of the said sum of three hundred pounds and dividends and interest which may be due thereon In such for such person or persons as the said Ann Kirtland whether covert or sole shall be any Deed or Deeds instrument or instruments in writing or by her last Will and Testament in writing direct limit or appoint give or bequeath the same And as to the residue of the said monies after the several payments and deductions aforesaid I direct that they my said Trustees and the survivors or survivor of them and the executors and administrators of such survivor do and shall pay the same unto the said Ann Kirtland when she shall attain the age of twenty four years and do and shall in the mean time until such payment shall be made as aforesaid lay out and invest the same in Government or Real Securities and apply the dividends and interest thereof in the maintenance or otherwise for the benefit of the said Ann Kirtland Provided nevertheless and I declare it to be my Will and meaning that in case  my said Granddaughter Ann Kirtland shall at ay time leave the Kingdom the aforesaid bequest to her shall immediately be void and in that case I revoke the power of appointment hereinbefore by me given to her over the sum of three hundred pounds so directed to be retained for her benefit Provided and I do hereby further declare it to be my Will and meaning that my said Trustees their heirs executors and administrators shall not be answerable the one for the other or for signing receipts for the sake of conformity or for any involuntary loss and that it shall be lawful for them out of the Trust money coming to their hands to reimburse themselves their costs and expences in discharging the Trusts hereby in them reposed out of the Trust money coming to their hands to reimburse themselves their costs and expences in discharging the Trusts hereby in them reposed And I appoint the sd William Potter Richard ffletcher and William Perrott Horton Executors of this my Will hereby revoking all former Wills by me made In Witness whereof I the said Richard Kirtland the Testator have to the first two sheets set my hand and to the third and last sheet my hand and seal this twenty sixth day of May in the year of our Lord one thousand eight hundred and thirty seven Richard Kirtland

 

(Attestation Clause)

 

Mary Eastell _ Sarah Eden _ Richard Henry Rolls

 

I Richard Kirtland of Hooknorton in the County of Oxford having received a Letter from my Son Henry Kirtland now residing in America stating that his property has been destroyed by ffire I therefore in consideration of this loss direct my Trustees to send him all my Wearing Apparel and a part of my linen instead of all being given to my Granddaughter according to my Will and intent this is a Codicil to my last Will and Testament and I further direct my said Trustees to send him what they think right and just given under my hand this sixth day of June 1837 Richard Kirtland

 

Witness_ Esther Sadler _ Sarah Eden

 

Proved at London with a codicil 20 December 1837

 

PCC Prob11/1888

 

 

This Will was kindly transcribed and sent in by Ros.

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