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The Will of Martha Smith

 

This is the last Will and Testament of me Martha Smith of Banbury in the County of Oxford Widow I give and bequeath all and singular my household goods furniture and household effects monies securities for money and all other my Personal Estate whatsoever and wheresoever unto John Hasland of Banbury aforesaid Wool stapler Thomas Tims of the same place Gentleman Thomas Rusher of the same place Stationer and Robert Heming also of the same place Carpenter their Executors admors and assigns Upon trust that they my said trustees or the survivors of them or the executors and admors of such survivor do and shall as soon as conveniently may be after my decease convert my said Personal estate or so much thereof as shall not at my decease consist of money into money and by and out of the money arising therefrom do and shall pay all such just debts and funeral Expences and after payment thereof do and shall stand possessed of and interested in the residue of the said trust monies In Trust to invest the same & any of the stocks or funds or other Government Securities of the United Kingdom on Mortgage or Lands in England and vary and transpose the same as often as occasion shall require or as shall be thought fit and upon further trust that they the said John Hasland Thomas Tims Thomas Rusher and Robert Heming and the survivors or survivor of them shall and do stand possessed of or interested in the stocks funds and securities upon and for the trusts intents and purposes hereinafter expressed concerning the same that is to say In trust for all the children of my Son George Thomas Smith begotten or to be begotten on the body of his present Wife in equal shares as tenants in common to be paid and transferred to them at their respective ages of twenty five years And in case any one or more of the said Children shall die under the age of twenty five years then as to as well the original share or shares of the said trust monies stocks funds or securities belonging to the child or children respectively who shall so die as aforesaid as also the share or shares thereof to which the same child or children respectively may become entitled under the present trusts In trust for the others or other of the said Children if more than to take as aforesaid Provided always and I do hereby declare it to be my will that it shall be lawful for my said trustees and the trustees or trustee for the time being in their or his discretion from time to time to apply all or any part of the yearly dividends interest or annual produce of the share of each such child until he or she shall attains his or her age of twenty five years in or towards the maintenance and education or otherwise for the benefit of the same child and that so much if any of the yearly dividends interest or annual produce arising from the share of each such child as shall not be so applied as aforesaid shall be improved at interest and accumulated and the accumulation thereof be added to the principal of the share whence the same shall have arisen and be subject to all the trusts provisions and agreements affecting the same share Provided also and I further declare that it shall be lawful for my said trustees or the trustees or trustee for the time being at their or his discretion to apply any part of the principal or value of the vested or presumptive share of each or any of the Children of my said Son George Thomas Smith in or towards the advancement or preferment in the World or otherwise for the benefit of the Child to whom such share shall belong Provided also that in case the said John Hasland Thomas Tims Thomas Rusher and Robert Heming or any or either of them or any trustee or trustees to be appointed by this present proviso shall die or become unwilling or unable to act in the aforesaid trusts it shall be lawful for the surviving or continuing trustees or trustee for the time being of this my will or if there be none such for the retiring trustee or trustees or if there be none such for the retiring trustee or trustees or if there be none such for the executors or admors of the last surviving trustee to nominate any fit person or persons to supply the place or places of the trustee or trustees respectively so dying or becoming unwilling to act as aforesaid And that immediately after every such appointment the said trust monies & premises shall be transferred in such manner as that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustee or in such new trustee or trustees solely as the case may require subject to the trusts aforesaid And such new trustee or trustees shall exercise all the powers hereinbefore contained in the same manner as if he or they had been appointed a trustee or trustees by this my will Provided also that the trustees for the time being of this my will and their respective executors and admors shall be charged with such sums only as they shall respectively actually receive notwithstanding their joining in signing any receipt or receipts or doing any other act for the sake of conformity And that they or any of them shall not be answerable or accountable for involuntary misfortune loss or damage which shall happen in the execution of the aforesaid trusts And that it shall be lawful for the said trustees & their respective executors and admors out of the monies which shall come into their hands by virtue of the trusts aforesaid to retain and also to allow to each other all costs and expences and also fees to Counsel for advice which they or any of them may incur in the execution of the aforesaid trusts or in relation thereto and I appoint the said John Hasland Thomas Tims Thomas Rusher and Robert Heming Executors of this my Will hereby revoking all former Wills by me made In Witness whereof I the said Martha Smith the testatrix have to this my last Will and Testament contained in this and the two preceding sheets of paper set my hand and seal to wit my hand to and at the bottom of the two said sheets and my hand and seal to this last sheet this fifteenth day of March in the year of our Lord one thousand eight hundred and thirty Martha Smith

(Attestation Clause)

Wm Hunt
Josh Saul

This is a Codicil to the last Will and Testament of me Martha Smith of Banbury in the County of Oxford Widow bearing date the fifteenth day of March of our Lord one thousand eight hundred and thirty Whereas I have in and by my said Will given and bequeathed all and singular my household goods furniture and household effects monies securities for money and all other my Personal estate whatsoever and wheresoever unto John Hasland Thomas Tims Thomas Rusher and Robert Heming all therein respectively described their executors admors and assigns Upon certain trusts therein expressed concerning the same Now I do hereby revoke and make void the said gift and bequest and do hereby give and bequeath my said household goods furniture and household effects monies securities for money and all other my Personal estate whatsoever and wheresoever unto the said John Hasland and Thomas Tims and to William Hasland of Clattercott in the County of Oxford ffarmer and James Gardner of Banbury aforesaid Ironmonger their executors admors and assigns Upon the same trusts and to and for the same intents and purposes and under and subject to the same powers provisos and declarations as are in and by my said Will expressed declared and contained of and concerning the same and I appoint the said John Hasland Thomas Tims William Hasland and James Gardner Executors of this my said Will instead of the said John Hasland Thomas Tims Thomas Rusher and Robert Heming In Witness whereof I the said Martha Smith have to this my Codicil to my last Will and Testament set my hand and seal this twenty fifth day of April in the Year of our Lord one thousand eight hundred and thirty seven Martha Smith

(Attestation Clause)

Thos Gulliver Judge
Jno Clarke

Proved at London with a Codicil 29 November 1839 Thomas Tims renouncing
PCC
Prob11/1919
 

This Will was kindly transcribed and sent in by Ros.

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