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The Will of John Middleton

 

In the Name of God Amen This is the last Will and Testament of me John Middleton the Elder of Claverdon in the County of Warwick Yeoman being advanced in Years and calling to Mind the uncertainty of this mortal Life Do make and ordain this my last Will and Testament in manner and form following (that is to say) It is my Will and desire that all just Debts as I shall owe at the time of my decease and likewise my Funeral and Testamentary Charges and Expences shall in the first place be paid and discharged And I give and bequeath unto my good Friends John Brookes of Sungar and John Kemp both of the Parish of Claverdon in the said County of Warwick Yeomen All and singular my Household Furniture Utensils and Implements of Household and all my ready Moneys Securities for Moneys and Debts due and owing to me from any person or persons whatsoever and all other my personal Estate and Effects whatsoever and wheresoever which I shall be possessed of interested in or in any wise intitled unto at the time of my Decease To be had and holden to them the said John Brookes and John Kemp their Executors Administrators and assigns Upon the Trusts and Confidences herein after mentioned express and declared of and concerning the same (that is to say) upon this special Trust and Confidence that they the said John Brookes and John Kemp or the survivor of them his Executors Administrators and assigns Do and shall to the best of their Judgement perform and execute this my Will and Testament according to the true and full meaning of it And I do hereby give and bequeath to Hannah Rose and Sarah Rose the two Daughters of Ann Rose (late of Claverdon) deceased the Sum of fifty Pounds apiece to be paid to them severally by my said Trustees out of my Effects severally and respectively as they shall severally and respectively arrive at and attain to the Age of Twenty One Years and not before And in Case either of them should chance to die before her Legacy shall become due and payable Then my Will and meaning is that the Legacy of her so dying shall go and be paid to the survivor of them and if they should both of them chance to die before the Eldest arrive at the Age of Twenty One Years in such Case my desire is that their Legacies namely fifty Pounds and fifty Pounds to go and be paid to my two Sons William Middleton and Samuel Middleton their Executors Administrators and assigns equally share and share alike And I do in such Case hereby Give and Bequeath the same to them my said two Sons William Middleton and Samuel Middleton accordingly I likewise give and bequeath to my said Son William Middleton the sum of one Hundred and Eighty pounds (the Money I lent him on a Bond at five per Cent per annum) to become due at the time the said Hannah Rose arrives at the age of twenty one Years or Day of her Death which shall first or next happen and I desire the said one Hundred and Eighty pounds may rest in his Hands provided he pay the Interest regularly as it becomes due into the Hands of my Trustees before named to be applied of and disposed of towards the Maintenance Education and bringing up of the said Hannah Rose and Sarah Rose during the minority of the said Hannah Rose and in such manner as they my said Trustees shall in their discretion think fit and immediately after the said Hannah Rose arrives at the age of twenty one years or day of her Death which shall next happen I give the said one hundred and Eighty Pounds to my said Son William Middleton his Executors administrators or assigns absolutely to and for his own Use and Benefit But if my said Son William Middleton should chance to die before his Legacy becomes due and payable my desire is that his two Daughters Elizabeth and Sarah may have the One Hundred and Eighty Pounds (bequeathed to him) when and at such time as it becomes due to be equally parted betwixt them share and share alike and if either of them should die before the Legacys become due and payable the survivor of them to have her Legacy so dying-I likewise give and bequeath to my Son Samuel Middleton the Sum of One Hundred Pounds to be paid to him at the time the before named Sarah Rose(the Youngest of the before named two Daughters of the said Ann Rose) arrives at the Age of twenty One Years to him his Executors Administrators or assigns But if my said Son Samuel Middleton should chance to die before his Legacy becomes due and payable and he have no Child living by his Wife in such Case I desire the said Legacy of One Hundred Pounds may go and be equally divided among my son Joseph Middleton’s Children and my Daughter Ann Brown’s Children that shall be then living share and share alike I likewise Give and bequeath to the before named Sarah Rose One Fether Bed, Bolster, Blankets and Sheets and all thereto belonging when they arrive at the age of twenty one Years or day of Marriage which shall first happen and I desire the said Hannah Rose and Sarah Rose may be brought up in a decent and Christian like manner at the discretion of my before named Trustees The rest of my Household furniture (an account whereof is taken in Writing) I give to my two Sons William Middleton and Samuel Middleton to be equally divided betwixt them share and share alike And my Will further is that my said Trustees shall and may reimburse themselves out of the premises hereby to them given and bequeathed in Trust as aforesaid All such Costs Charges Losses or Expences as they or either of them may sustain or be out unto by the Execution of the Trusts contained in this my Will and Testament Neither shall my said Trustees be answerable the one for the other or for the Acts Receipts or Defaults the one of the other But each of them for his own Acts Receipts or Defaults only And I desire they may be paid to their satisfaction for their Trouble to be paid and deducted out of my personal Estate And all the Rest and Residue and Remainder of my moneys Securities for Moneys Debts Effects and Personal Estate whatsoever and wheresoever that I shall be possessed of interested in or in any wise intitled to at the time of my Decease I Give and Bequeath unto my two Sons William Middleton and Samuel Middleton and to their Executors Administrators and Assigns equally to be divided and parted between them share and share alike And I make and ordain my said Trustees John Brookes and John Kemp Executors of this my Will And do hereby revoke and make void all former and other Wills by me at any time heretofore made and declare this to be my only true last Will and Testament In Witness whereof I the said John Middleton the Elder have to this my last Will and Testament contained in Three Sheets of Paper To each Sheet thereof set my Hand and Seal this Tenth Day of July One Thousand Seven Hundred and ninety seven

Jno Middleton

Hannah Job by her X mark
Thos Hargrave
John Brookes

Proved 3 June 1803 to John Brookes power reserved to the other Executor

Worcester Record Office
 

This Will was kindly transcribed and sent in by Ros.

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