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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
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