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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.
Signed by the said Edward Smith the Testator as his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses The Mark of X Edward Smith
P. Mitchell
Wincanton

Josiah Jackson
Brewham

I Edward Smith of Heaven Farm in the Parish of South Brewham in the County of Somerset Yeoman do hereby declare this writing to be a Codicil to and that the same shall be considered as part of my last Will and Testament bearing even date herewith and which I have already executed and shall be read and construed in the same manner as if it had been incorporated therein Whereas I have by my said Will appointed my Brother in - law William Sherring Trustee and I have also appointed my Brother in - law and my wife Keturah Ann Smith joint Executor and Executrix thereof Now I do expressly direct that my friend Mr John Leach of Martock in this County of Somerset who has been my Solicitor and confidential advertiser(?) for many years shall be employed by my Trustee and Executor and Executrix to act advise and manage generally concerning my estate and the winding up of such Estate after my decease and be paid his regular professional charges for so doing And in all other respects I hereby ratify and confirm my said Will In witness whereof I have hereunto set my hand this seventh day of March One thousand eight hundred and eighty four.

Signed by the said Edward Smith the testator as a codicil to his last Will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses

The Mark of
X
Edward Smith

P Mitchell
Wincanton
Josiah Jackson
Brewham

 

This Will was kindly  transcribed and sent in by Heather.

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