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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 This Will was kindly transcribed and sent in by Ros. 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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