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The Will of William Parsons

 

This is the last will and testament of me William Parsons of Horsington in the County of Somerset Yeoman made the nineteenth day of May in the year of our Lord one thousand eight hundred and seventy nine that is to say I give and bequeath unto Mary the wife of James Down of Lattiford in the Parish of Holton Somerset Yeoman (heretofore Mary Shute widow) all my household goods and furniture and all my live and dead farming stock implements hay casks cider and other goods and effects whatsoever in and about my residence at my decease for her own absolute use and benefit. I give and devise unto my friends Samuel Newton Parsons of Milborne Port Somerset and Edwin Ings of Wincanton Somerset Gentleman all that my close of pasture land situate in the said parish of Horsington called Harvey or Harvest with the rights members and appurtenances thereto belonging containing five acres and thirty three perches numbered 116 on the Tithe Apportionment Map of the said parish of Horsington to hold to them and the survivor of them and the heirs executors or administrators of such survivor upon trust to stand possessed thereof and suffer the said Mary Down to receive and take the rents and profits therefrom arising for and during the term of her natural life for her own sole and separate use and benefit independent of her present or any future husband and from and after her decease upon trust either by private contract or public auction to sell and dispose of such close of land and the proceeds (less the expenses of such sale and incident thereto) therefrom arising to equally divide between all the brothers and sisters of the said Mary Down then living and the lawful issue of any deceased brother or sister such issue taking a parents share only to whom respectively I bequeath the same. I also give and devise to my said trustees all that my dwelling house garden orchard and appurtenances thereto belonging situate at South Cheriton in the said Parish of Horsington now in the occupation of George Pitman as tenant to hold to them and the survivor of them and the heirs executors and administrators of such survivors upon trust to stand possessed thereof maintain and keep the same in repair and permit and suffer the said Mary Down to receive the residue of the rents and profits therefrom arising for and during the term of her natural life for her sole and separate use and benefit independent of her present or any future husband and after the decease of the said Mary Down to permit and suffer the said James Down to receive and take the residue of the said rents and profits thereof for the term of his natural life if he shall survive his said wife and from and after the deaths of the said Mary Down and James Down in the event of there being any child or children them surviving then I and devise such last mentioned hereditaments unto such child or children absolutely, if only one to such only child, if more than one to such children equally as tenants in common. In the event of the said Mary Down departing this life without leaving lawful issue her surviving I direct my said trustees in that case after the decease of the said James Down and Mary his wife either by public auction or private contract to sell and convert the said hereditaments into money and the proceeds therefrom arising (less the expenses attending such sale and incident thereto) to equally divide between all the brothers and sisters of the said Mary Down then living and the issue of any deceased brother or sister such taking a parents share only to whom respectively I bequeath the same. I give and devise unto the said James Down all that my farm and lands at Holton aforesaid now in his occupation heretofore “Alfords” together with all the rest and residue of my real and Personal Estate to hold to him his heirs executors administrators and assigns forever subject nevertheless and charged with the payment thereout within one year after my decease of all my just debts funeral and testamentary expenses and the following charges and legacies (that is to say) In the first place the legacies and sums of money payable on my decease under the respective Wills of my late brother James and my sister Susannah and in the next place the following legacies viz. to Sabina the wife of William Benjafield, daughter of my nephew the late Thomas Lush and to Frances Mary Ann Benjafield the daughter of Selina Benjafield deceased another daughter of the said Thomas Lush the sum of two hundred pounds each, the legacy of two hundred pounds to the said Frances Mary Ann Benjafield to be paid to her on her attaining twenty one years of age with interest after the rate of four pounds per centum per annum in the meantime to be applied for her benefit. To Naomi the wife of George Hiscock one hundred pounds. To the children of the late Charles Parsons of Marsh Court (except William the eldest son) one hundred pounds equally between them. To my nieces Sarah Smith, widow Martha, the wife of Thomas Cross and Kitty or Catherine, the wife of William Titcombe children of my late brother Robert the sum of forty pounds each the legacies to the said Martha Cross and Kitty or Catherine Titcombe to be paid to them o? their receipts alone free from the debts control or engagements of their respective husbands. In the event of either of my said nieces dying in my lifetime leaving issue I direct such legacies to be paid to such issue in equal shares if more than one. To Henry Lewis Gawler the son of another daughter of my said brother Robert the sum of nineteen pounds nineteen shillings and to William Parsons of Bristol Policeman nineteen pounds nineteen shillings. To the children of my late deceased Housekeeper except the said Mary Down the sum of three hundred and forty ponds to be equally divided between them the shares of such of them as are married women to be paid on their receipts alone and to be free from the debts control or engagements of their respective husbands. To my said trustees the said Samuel Newton Parsons and Edwin Ings the sum of one hundred pounds each the three last named legacies to be paid free of legacy duty I devise to the said Samuel Newton Parsons and Edwin Ings all estates vested in me as a trustee or mortgagee or otherwise to hold to them according to the trusts and equities affecting the same I appoint the said James Down Executor of this my Will I declare that the receipts of my said trustees and the trustees for the time being of this my Will shall be good and sufficient discharges for all monies therein expressed to be received and that they shall not be answerable or accountable for any loss unless wilfully occasioned nor the one for the other but each for his own acts and deeds only and that they shall pay and allow to each other out of my trust estate all costs charges and expenses they may incur or be put unto in and about the execution of the trusts of this my Will or in relation thereto I declare that the said Mary Down during her life and the said James Down after her decease if he survives her and after the death of the survivor of them the surviving trustee or the heirs executors or administrators of the surviving trustee shall nominate and appoint any fit and proper person or persons to be a new trustee or trustees of this my Will in the place and stead of any deceased retiring or incompetent trustee thereof
In witness whereof I have hereto set my hand the day and year first before written -----William Parsons ----Signed by the said testator William Parsons as and for his last Will and Testament in the joint presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses           George Brown, Horsington, Yeoman                Sarah Hole, Servant to Mr Parsons

Proved at London 3rd Feb 1880 by the oath of James Down the sole Executor to whom Admon was granted.

 

This Will was kindly transcribed and sent in by Heather.

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