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I William Smith late of the Town and
Parish of Portsea in the County of Southampton but now of
Gosport in the same County a Retired Officer of Shipwrights on
the Pension List of Her Majesty’s Dock Yard at Portsmouth Do
make publish and declare this my last Will and Testament as
follows I give and bequeath All my Household goods furniture
plate linen china utensils and implements stock of spirits and
liquor of every description and other effects (not being monies)
which I may have and leave in my present Residence unto my Son
George Keith Smith and my Daughter Charlotte Smith equally to be
divided between them have and have alike (subject nevertheless)
to and charged with the payment of the sum of Fifty Pounds each
to be paid on their having the possession of the same given to
them by my Executor hereinafter named. And I give and devise All
that my Messuage and Premises situate and being in Queen’s
Street in the said Town of Portsea (subject and charged with the
payment of the sum of six hundred and twenty pounds sterling) to
my said Executors unto my Son Horatio Nelson Smith his Heirs and
Assigns And it is my Will and I hereby direct that the said two
several sums of Fifty Pounds and also the said sum of Six
hundred and twenty pounds (if paid) shall be deemed and taken
and form part of my personal estate and be paid and applied as
hereinafter mentioned But should my said son Horatio Nelson
Smith decline to accept the said Messuage and Premises at that
sum then I give devise and bequeath the said Messuage and
Premises in Queen Street aforesaid and all other my Freehold and
Leasehold Messuages Lands Tenements and Hereditaments situate
and being in Portsea and Gosport aforesaid And all my monies
securities for money and other personal estates and effects
which I am now or shall or may be possessed of interested in or
entitled unto at the time of my decease (not otherwise
hereinbefore disposed of unto George Smith of Portsea aforesaid
Gentleman William Camper of Gosport aforesaid Shipbuilder and my
said sons George Keith Smith of the same place Victualler then
(Wm Smiths) Heirs Executors Administrators and Assigns Upon
Trust as to the Real and Personal Estates not belonging to me
beneficially to dispose thereof according to the Equities
affecting the same and as to the real and personal Estates
belonging to me beneficially Upon trust that they the said
George Smith William Camper and George Keith Smith and the
survivor of them his Heirs Executors Administrators and Assigns
do and shall with all convenient speed sell and dispose of All
my said Freehold and Leasehold Estates either together or
separately and either by Public Auction
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or private contact as to them shall seem
most eligible for the most money and best price or prices that
can or may be reasonably had for the same with liberty to buy in
the [lacuna] the same at their discretion and for facilitating
such Sale or Sales do and shall enter into and execute all such
Contracts and Conveyances and Assurances as shall be necessary
And I hereby declare that the Receipt or Receipts of my said
Trustees and the Survivor of them his Heirs Executors
Administrators and Assigns for any monies payable under this my
Will or in relation thereto shall effectually discharge the
person or persons paying the same from being answerable or
accountable for the misapplication or nonapplication thereof or
of any part thereof or from seeing to the application thereof
and as to all such debts as may be due and owing to me at the
time of my decease either on simple Contract Bill Bond Mortgage
or other Securities whatsoever Upon trust to collect demand and
receive the same with all convenient speed after my decease. And
I do declare that the said George Smith William Camper and
George Keith Smith and the Survivor of them his Executors
Administrators and Assigns shall stand and be possessed or
interested in all the Monies to arise from the bequest made to
my Son George Keith Smith and my Daughter Charlotte Smith And
the devise made to my said son Horatio Nelson Smith and also
from the sale or sales hereinbefore directed to be made of my
said Real and Leasehold Estates and to arise and be produced
from that part of my Personal /Wm Smiths/ Estate to which I have
directed to be collected and called in and from all Mortgages
and other Securities and from the rents issues and profits
interest and Dividends or other annual produce until the same
shall be respectively disposed of and converted into money or
otherwise howsoever Upon trust to pay and divide the same unto
and equally between my sons William Smith Horatio Nelson Smith
George Keith Smith and my Daughters Margaret the Wife of Charles
Anchor of Portsmouth Cooper and Jane Wood Widow and Charlotte
Smith share and share alike as Tenants in Common And it is my
Will and I do direct that they my said Trustees and Trustee for
the time being of this my Will shall stand and be possessed of
the part or shares of my said Daughters Margaret Anchor and Jane
Wood of and in my said trust Monies to and for their respective
uses and benefits and the same shall not be subject or liable to
the debts control managements or engagements of the present
Husband of the said Margaret Anchor or any future Husband of the
said Jane Wood may respectively intermarry with but be in all
respects as if they were single
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and unmarried And that their respective
Receipts shall be sufficient discharges to my said Trustees or
Trustee for the time being of this my Will for paying them
respectively And n the event of their or either of their death
in trust to pay the share or shares of my said daughters
Margaret Anchor and Jane Wood of and in my said trust monies
unto the Children or Child of each of them respectively. (If
more than one) share and share alike if but one then to such
only Child who shall be living at the time of the death of the
said Margaret Anchor and Jane Wood respectively And in the event
of the death or deaths or refusal or incapacity to act of any of
my said Trustees or Trustee to be appointed of this my Will the
surviving or acting Trustee his Executor or Administrator may
appoint a new Trustee or Trustees as occasion shall require to
whom any requisite Conveyances shall be made and who may act in
the same manner and with the same power and provisions as if
made in this my Will and that such Trustee or Executor for the
time being shall only be answerable for their respective wilful
default and not for /Wm Smith/ the other or others of them or
for the acts receipts or defaults of the other or others of them
And that they may reimburse themselves and each other all costs
and expenses incurred in or in relation to this my Will or the
trusts thereof And Lastly I do hereby nominate and appoint the
said George Smith William Camber and George Keith Smith
Executors of this my last Will and Testament and revoke all
other Wills by me heretofore made In Witness whereof I the said
Testator William Smith have to this my last Will and Testament
written on four sheets of paper set my hand to each sheet this
twenty second day of May One thousand eight hundred and forty
four.
Wm Smith
/ by the said Testator William Smith
/lst Will and Testament the words
/ of the in the third sheet being
/ interlined in the presence of us /
At the same time who at
/ request in his presence and /
other have subscribed our names
G Morris
J Weaver
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