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The Will of George Thomas Smith

 

This is the last Will and Testament of me George Thomas Smith of Banbury in the County of Oxford Grocer I give and bequeath unto my dear wife Elizabeth Smith and my friend John Hasland of Banbury aforesaid Woolstapler their executors and administrators all my capital and my stock in trade and all my cash debts and effects which shall be employed in or belonging to my trade as a Grocer during the widowhood of my said wife or during so long a period thereof as they shall think it advantageous to my said wife and family And I do direct that the gains and profits which shall arise from the said trade shall be applied to and for the maintenance of my said wife and the maintenance and education of all my Children during their respective minorities And I further direct that as soon as the said Trade or Business shall cease to be carried on in manner aforesaid the said stock and effects employed therein shall be sold to the best advantage and the debts due to the said trade shall be collected by my Executors and the monies produced thereby transferred to the account of the residue of my personal Estate whatsoever and wheresoever (after payment of my debts funeral and testamentary expences) I give and bequeath the same to my said wife during her widowhood and the said John Hasland their executors and administrators Upon trust nevertheless that my said wife and the said John Hasland their executors and administrators do and shall convert all such parts thereof as shall not consist of monies or securities for money into money and collect and get in all such parts thereof as shall consist of money or securities for money and stand possessed of the monies to arise from the reversion and collection of my personal estate as aforesaid.........Government or real securities with power to pay the interest and annual proceeds of the said trust monies....to my said wife during her widowhood for the maintenance of herself and the maintenance of all my children during their respective minorities so as my said wife may not anticipate the same and after the second marriage or decease of my said wife on trust to invest the principal between all my children their executors administrators and assigns as tenants in common to be vested interests in them at their age of twenty one years or death under the age of twenty one years without leaving issue at their deaths and in case either of the said children shall die under the age of twenty one years without leaving issue or issue living at his or her death Then as to the original and accruing shares of the Child so dying In trust to divide the said lastly mentioned sum between the other or others of the said children in like manner as elsewhere hereinbefore declared of their original shares and if there shall be but one of my said Children who shall attain the age of twenty one years or die under that age leaving issue living at his death Then as to the original and accruing shares then on trust to pay the whole of such trust monies unto such only child his or her executors administrators and assigns Provided and I hereby declare that it shall be lawfull for my trustee or trustees for the time being after the decease or second marriage of my said Wife and during the minority of any or either of my Children to apply the interest of the presumptive share of the said Children or Child in the said Trust Monies towards the maintenance and education of the said Children or Child and that any surplus interest which shall not be applied for that purpose shall be allowed to accumulate in the nature of compound interest for the benefit of the Child or Children from whose portion the same shall be saved And also to advance any part not exceeding one half of the presumptive shares of any or either of the said Children in or towards his or her advancement in the world in such manner as my said trustees or trustee for the time being shall think fit But the sum so advanced shall be taken as part of the portion of the Child for whose benefit the same is raised and be accounted for accordingly And I appoint my said Wife during her Widowhood and the said John Hasland Executrix and Executor of this my Will In Witness whereof I have hereunto set my hand and seal this third day of December in the Year of our Lord one thousand eight hundred and twenty eight       Geo Thos Smith

(Attestation Clause)

Robert Fleming
Wm Hunt

Proved at London 15th January 1834 by the oath of Elizabeth Smith Widow the Relict out of the Executors (during widowhood) to whom administration was granted having first been sworn by common only to admon power reserved of making the like grant to John Hasland the other Executor when he shall apply for the same (Marginal Note) On the 4th April 1861 Admon with the Will annexed of the Personal Estate and Effects of George Thomas Smith late of Banbury in the County of Oxford Grocer who died 29 May 1833 at Banbury aforesaid left unadministered by Elizabeth Smith Widow deceased whilst living the Relict of the said Deceased Executors and Residuary Legatees in trust and the Residuary Legatee during Widowhood named in the said Will was granted to Eleanor Harrison Widow one of the natural and lawful Children of the said Deceased and as such one of the Residuary Legatees substituted in the said Will she having been first sworn the said Elizabeth Smith died intestate John Hasland the other Executor and the other Residuary Legatee in Trust named in the said Will having heretofore to
wit in the month of June 1840 renounced the Probate and execution of the said Will and also the letters of administration (with the said Will annexed) of the personal Estate and Effects of the said Deceased

PCC
Prob11/1827

 

This Will was kindly transcribed and sent in by Ros.

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