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The Will of Edward Smith
This is the last Will and Testament of me Edward
Smith of Heaven Farm in the Parish of South Brewham in the County of
Somerset Yeoman I give devise and bequeath all my Real and Personal
Estate unto my Brother in-Law William Sherring to hold the same with the
appurtenances unto and to the use of the said William Sherring his heirs
executors administrators and assigns according to the respective natures
and qualities of the said premises to the uses upon the trusts and for
the ends interests and purposes hereinafter declared And my Will is and
I hereby direct that my said trustee his executors or administrators do
and shall permit and suffer my wife Ketura Ann Smith to have the use of
all my household Furniture and linen and receive the interest of such
part of my Personal Estate as shall be employed on my Farm and also if
she shall wish so to do to continue and carry on the farming business
and from time to time to sell and dispose of any part of my farming
stock for and during the term of her natural life for the support of
herself and the maintenance and bringing up of our children until they
shall severally attain the age of twenty one years And I authorize my
said wife to perform all such acts respecting my paid business as she
may think proper as fully as I myself could have done if living Provided
always that if my said Trustee shall at any time think it advisable to
discontinue my farming business then I direct him to sell and convert
the same into money and to invest the proceeds therefrom arising in his
name so hereinafter directed and to pay the income thereof unto my said
wife during her life And I direct my said Trustee to pay the rent of my
Real Estate unto my said wife for and during her life And from and after
her decease or if she shall signify in writing to my said Trustee her
desire or intention to discontinue the farming business I hereby
authorize and direct my said Trustee either by Public Auction or Private
Contract to sell either together or in lots all my Real Estate and to
convert into money all such parts of my Personal Estate as shall be
saleable And also to enter into all such contracts respecting such sales
as he may deem expedient and to buy in and resell the whole or any part
thereof without being responsible for any loss that may be incurred in
consequence And also to convey and insure the same to the purchasers or
purchaser thereof or to such uses as he or they shall appoint And I
hereby declare that the receipts of my said Trustee shall be effectual
discharges and exonerate the persons taking the same from seeing to the
application of all monies therein expressed to be received And my Will
is and I hereby further direct and declare that my said Trustee shall
stand possessed of the money arising from the sale of my said Real and
Personal Estate Upon trust to invest the same in or upon Government or
Real securities with power at his or their discretion to vary and
transpose such Securities And do and shall stand possessed of the said
Trust monies and securities Upon trust to pay the annual income thereof
unto my said wife for and during her life And after her decease upon
trust for all and every my children who shall attain the age of twenty
one years and the issue of any such as shall be dead such issue to take
a parents share only Provided also …. I hereby direct that if at the
time after the decease of my said wife any child of mine shall be under
the age of twenty one years it shall be lawful for my said Trustee to
apply the income of the presumptive share or shares of any such child or
children in or towards his or her maintenance and education and also at
the discretion of my said Trustee to advance any sum of money not
exceeding in the whole one half of the presumptive share of such child
towards his or her advancement in the World I direct my Trustee for the
time being to keep all my buildings in good tenantable repair and to
insure and keep insured my household furniture farming stock and
buildings on my Real Estate in the Phoenix or some other respectable
Insurance office from loss or damage by fire in such amounts as he may
deem necessary and all amounts received in case of such loss or
destruction shall be forthwith applied in the reparation thereof and I
hereby direct that if my said Trustee shall disclaim or refuse to act in
the trusts aforesaid he shall be at liberty by any Instrument in writing
to substitute any person to be a trustee in his stead and such new
trustee shall have the same powers as if originally appointed a trustee
by this my Will And no trustee under this my Will shall be responsible
for the sufficiency of any Security in which any of the said Trust money
may be invested nor if any person with whom any of the said Trust moneys
may be deposited unless the same shall happen through the wilful default
of such trustee And that my said Trustee may reimburse himself all such
expenses as he may incur in the execution of the aforesaid trusts out of
the trust moneys which shall come to his hands I devise all Estates
vested in me as Trustee or Mortgagee to my said Trustee subject
nevertheless to the trusts and equities affecting the same I hereby
constitute and appoint the said William Sherring and my said wife joint
Executor and Executrix of this my Will I nominate and appoint my said
wife during her life the sole Guardian of the persons and estates of my
said Children during their respective minorities and after her decease I
appoint the said William Sherring Guardian Lastly I revoke all former
and other Wills In witness whereof I have hereunto set my hand this
seventh day of March One thousand eight hundred and eighty four.
This Will was kindly transcribed and sent in by Heather. If you feel that any of the persons named in the above will is a person that you are researching, then you can
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