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This is the last Will and Testament of me
Benjamin Samways of Hazlebury Bryan in the County of Dorset as
follows I give unto my dear Wife Susannah All my household goods
implements of household and household Stuff utensils plate linen
china glass and earthenware wines and liquors of every
description wearing apparel watches jewels and ornaments of the
person to and for her own absolute use and benefit And as to
for and concerning All my monies and securities for money and
all other my Personal Estate and Effects whatsoever and
wheresoever of what nature or kind soever of which I am now or
of which I may die possessed of or entitled unto I give and
bequeath the same and every part thereof unto my said Wife
Susannah and William Henry Clarke of Cerne Abbas in the said
County of Dorset Clerk and Watch Maker their executors
administrators and assigns Upon trust that they or the survivors
or survivor of them his or her executors or administrators and
shall within convenient time after my decease convert into money
such part or parts thereof as shall not consist of money and as
the monies arising thereon as also all my ready monies Upon
trust that they she and he do and shall pay unto my said Wife
the sum of ten pounds And also all my just debts funeral and
Testamentary expences And as to the residue and surplus thereof
Upon trust that they she and he do and shall place out such
residue or surplus at interest on government or real security
and change vary or transpose such security when and as they
shall deem fit and upon further trust that they she or he do and
shall pay and apply the dividends interest and proceeds thereof
when and as they shall become due and payable unto my said Wife
Susannah or her assigns or permit her to receive the same for
and during the term of her natural life and from and immediately
after her decease Upon trust for the survivor of them or the
executors or administrators of such survivor do and shall pay
and apply the same in the following manner that is to say unto
James Mary Benjamin and ffrances the four children of my late
brother James Samways the sum of twenty pounds each unto the two
children of my brother John the sum of ten pounds each unto the
two children of my brother Henry the sum of ten pounds each unto
the three children of my brother William the sum of ten pounds
each unto the six children of my brother George the sum of ten
pounds each unto my Sister Jane Palmer’s two Sons the sum of ten
pounds each unto my brother William the sum of ten pounds Unto
my brother George the sum of twenty pounds to whom I also give
all my Wearing Apparel Unto my brother in law Thomas Shepherd
and to his Nephew Thomas the sum of ten pounds each unto
Elizabeth Shepherd my Wife’s niece the sum of one hundred pounds
Unto Robert Shepherd my Wife’s nephew the sum of forty pounds
unto Edward Elsworth my Wife’s nephew the sum of forty pounds
unto Susannah the Wife of the said Henry William Clarke the sum
of forty pounds and unto Eliza the Wife of George Upsham the sum
of ffive pounds And I do hereby declare it to be my Will and
intent that the above mentioned legacies shall vest in the above
named Legatees immediately on my decease although they are not
payable until the decease of my said Wife And as to all the Rest
Residue and Remainder of the monies Personal Estate and Effects
after making Provision for Payment of the above named Legatees
Upon trust for my said Wife Susannah to and for her own absolute
use and benefit And I do hereby direct that my said Trustees or
Trustee for the time being shall retain and reimburse themselves
all such costs charges and expences as they she or him shall
incur or be put unto in the execution of the trusts of this my
Will and that the one shall not be answerable for the other but
each for herself or himself only nor any more monies than they
he or she shall actually receive nor for any loss that may
happen to the said trust monies unless the same shall be
occasioned by their gross or wilful default And I do hereby
nominate and appoint my said Wife Susannah and my friend William
Henry Clarke Trustees and Executrix and Executor of this my last
Will and Testament In Witness whereof I have to this my last
Will and Testament set and subscribed my hand and Seal the sixth
day of December one thousand eight hundred and thirty six _ Benj
Samways
(Attestation Clause)
Jno Dashwood John Sweatman
To this my last Will and Testament I now
add this present Codicil revoking so much of my said Will as
bequeathed the sum of ten pounds to Thomas there called the
nephew of my brother in law Thomas Shepherd which sum of ten
pounds I hereby bequeath to Elizabeth Shepherd my wife’s niece
in his stead In Witness whereof I have hereunto set my hand this
thirteenth day of June 1837 Benjamin Samways _ Henry Walter _
Tho Birch
To this my last Will & Testament & to the
first Codicil thereunto appended I now add this second Codicil
desiring & authorising my sole surviving Executor William Henry
Clarke of Cerne Abbas to pay the sum of ten pounds (bequeathed
in my said Will to Susannah my Wife now deceased) unto Elizabeth
wife of Benjamin Upshall instead of the said late wife for the
sole use of the said Elizabeth Upshall in such several portions
as she shall desire In Witness whereof I have hereunto set my
hand this twentieth day of October 1837 Benj Samways _ Henry
Walter _ Anna Maria Chester
To this my last Will & Testament & to two
preceding Codicils thereunto appended I now add this third
Codicil desiring & authorising my sole surviving Executor
William Henry Clarke of Cerne Abbas to allow my niece Sarah
Samways to take & possess for her own use the bed bedstead & the
furniture thereof on which I have been wont to sleep also the
Corner cupboard and three tables being part of my household
furniture the former bequest thereof notwithstanding Signed in
the presence of the Testator Benjamin Samways this twentieth day
of Novr 1838 and by his direction David Upsall _ Eliz Woolfe
_Mary Foot
Fourth Codicil to the last Will &
Testament of Benjamin Samways of Hazlebury Bryan in the County
of Dorset by which Codicil I the said Benjamin Samways do desire
& authorise my sole surviving Executor William Henry Clarke of
Cerne Abbas to pay unto my niece Sarah Samways such Monies in
the hands of the Revd Henry Walter as may be due to me at the
time of my decease after paying my just debts and I also
authorise the said William Henry Clarke to allow my said niece
Sarah Samways to have & possess for her own use my household
stock Signed in the presence of the Testator Benjamin Samways
by his direction this twentieth day of Novemberr 1838 David
Upsall _ Eliz Wolfe _Mary Foot
Affidavit of due execution sworn by Mary
Foot wife of George Foot of Hazlebury Bryan Yeoman on 11 June
1839
Proved at London 20 July 1839
PCC Prob11/1914 |