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The Will of David Watts Townsend
This is the last Will and Testament of me David
Watts Townsend of Cote in the Parish of Bampton and County of Oxford,
Yeoman, made this Twenty second day of December in the year of our Lord
one thousand eight hundred and fifty three as follows I give and devise
unto my friends William Pinnock of Chimney in the said County of Oxford,
Yeoman, and Benjamin Castle of Wantage in the County of Berks, Butcher
and Farmer, All those my two grounds of Meadow Land with the
appurtenances thereto respectively belonging situate in Weald in the
Parish of Bampton aforesaid now in the occupation of William Luckett To
hold to them the said William Pinnock and Benjamin Castle their heirs
and assigns for ever Upon trust to let and set the same and pay the
rents and profits thereof unto and equally between my three daughters
Elizabeth Mary Ann and Sarah for their joint lives and when and so often
as one of them shall die then I give and devise an equal undivided third
part or share of and in the said Meadow Grounds and appurtenances To
such uses upon such trusts subject to such limitations and to and for
such ends intents and purposes as my said daughter so dying shall in and
by her last Will and Testament or any Codicil or Codicils thereto and
notwithstanding coverture direct or appoint give or devise the same and
in default of any such direction or appointment gift or devise or so far
as any such direction or appointment gift or devise if incomplete shall
not extend then I give the said third share of and in the said Meadow
Grounds and appurtenances of which no such direction or appointment gift
or devise shall be made or so far as the same if any and incomplete
shall not extend unto and equally between all and every the children of
such daughter if more than one and if but one then the whole to such one
only child absolutely for their his or her own use and benefit but in
case of the death of any one or more of such children or of such only
child without having acquired a vested interest under the trusts
hereinbefore contained leaving lawful issue such issue shall stand in
the Parent’s place but if anyone or more of my said daughters shall die
without having made such direction or appointment gift or devise as
aforesaid or an incomplete one only and without leaving lawful issue her
surviving then I direct my said trustees to pay the rents of the said
equal undivided third share of such daughter so dying or such part
thereof to which such direction or appointment gift or devise shall not
extend unto and equally between the survivors or survivor of them my
said daughters for their or her lives or life And I declare that all the
rents so to be paid to my said daughters whether of their original or
accruing share shall be paid into their own respective hands entirely
free from the control debts or engagements of any husband they may
happen to marry so that the same may be enjoyed by them as their
separate property and for which their respective receipts alone
notwithstanding coverture shall be the only sufficient discharges when
due and not before And upon the death of the last survivor of my said
daughters then I direct my said trustees to make sale and absolutely
dispose of the share or shares of my said daughter or daughters so dying
without issue as aforesaid and of which no such direction or appointment
gift or devise shall have been made or of such part thereof or interest
therein to which such direction or appointment gift or devise if
incomplete shall not have extended either by public auction or private
contract and together or in parcels to any person or persons whomsoever
willing to become the purchaser or purchasers thereof for the best price
or prices that can be obtained for the same with full power to enter
into make and execute all such conveyances agreements acts deeds devises
and assurances in the Law whatsoever as may be necessary for perfecting
such sale or sales and stand possessed of the money to arise therefrom
after deducting the expenses attending the same Upon trust to divide the
same unto and between my next of kin at the time such share or shares or
other interest become respectively saleable according to the Statute of
Distributions I also give and devise unto my said three daughters All
those my cottages or tenements gardens and premises in Aston in the said
Parish of Bampton purchased by me of the Trustees of John Baker deceased
And also all those two cottages or tenements and the premises thereto
belonging situate in the Garston Field near the church in Aston
aforesaid in the respective occupations of Job Bartlett and Richard
Waite with the respective appurtenances to the same premises
respectively belonging To hold to them my said three daughters their
heirs and assigns for ever as tenants in common and not as joint tenants
I give and devise unto my son Thomas Townsend all that messuage or
tenement and bakehouse with the yard garden outbuildings and
appurtenances thereto adjoining situate at Aston aforesaid now in the
occupation of John Luckett And also all that cottage or tenement barn
and garden in Cote aforesaid now in the occupation of Jane Stone and the
appurtenances And also all that Close or enclosed ground adjoining the
last described premises containing about two acres lately exchanged for
a Close called Huckett Close now in the occupation of my son Edward
Lindsey Townsend And also all that new allotment of pasture land just
lately set out to me under the Inclosure of Aston and Cote now in
progress lying in front of and westwards of my house wherein I now dwell
and containing about fifteen acres To hold to my said son Thomas his
heirs and assigns for ever And I charge and make chargeable the said
last described allotment of pasture land with the payment of the sum of
three hundred and sixty three pounds two shillings and six pence to be
paid to my said Trustees by my said son Thomas within six calendar
months after my death I give and devise unto my said son Edward Lindsey
Townsend All that my messuage or tenement garden orchard yard barns
Close called Laukett Close and appurtenances thereto belonging situate
at Cote aforesaid and now in my own occupation And also all that new
allotment of arable land lately also set out to me under the said
Inclosure situate behind my said house and containing about twenty three
acres and the appurtenances to the same premises respectively belonging
To hold to him my said son Edward Lindsey Townsend his heirs and assigns
for ever and I hereby charge and make chargeable the said last described
allotment of arable land with the payment of the sum of eight hundred
and forty nine pounds two shillings and six pence to be paid to my said
Trustees by my said son Edward Lindsey Townsend within six calendar
months after my death And I declare that my said Trustees shall stand
possessed of the said two sums of three hundred and sixty three pounds
two shillings and six pence and eight hundred and forty nine pounds two
shillings and six pence making together the sum of one thousand two
hundred and twelve pounds five shillings Upon trust to pay thereout unto
and equally between my said three daughters the sum of two hundred and
forty four pounds twelve shillings and six pence part thereof To my son
John twenty seven pounds seventeen shillings and six pence other part
thereof and I forgive him all debts due from him to me or to my Estate
To my son David six hundred and forty four pounds seventeen shillings
and six pence other part thereof and I forgive him all debts due from
him to me or to my Estate And to my son Charles two hundred and ninety
four pounds seventeen shillings and six pence residue thereof and I
forgive him all debts due from him to me or to my Estate I also forgive
all debts due from my said sons Edward Lindsey Townsend and Thomas
Townsend And I direct my said Trustees to give up to all my sons
respectively any securities bonds or notes of hand I hold of them
respectively as the provision I have heretofore and herein made for my
children places them all upon an exact equality As to all my personal
estate except the debts forgiven my said sons I give the same to my said
Trustees upon trust thereout in the first place to pay all my just debts
funeral and testamentary expenses and all expenses of enclosing the said
two new allotments of pasture and arable land whether the same shall be
incurred before or after my death until the same shall be fully awarded
and fenced off in a proper manner as it is my Will that the devisees
shall pay no part of such expenses my household furniture plate linen
china books except books of account and implements of household stuff
and effects of a like nature I give to my said three daughters equally
and if they disagree I direct the trustees to divide the same as equally
as may be between them the remainder of my personal estate and money if
any I give unto and equally between all my children I appoint my said
Trustees joint Executors of this my Will and give them five guineas each
as a mark of my esteem for them I give to the said William Pinnock and
Daniel Castle all estates vested in me as a trustee or mortgagee Upon
trust to dispose thereof according to the equities affecting the same I
hereby revoke all former and other Wills by me at any time heretofore
made Provided always and I hereby authorize and empower the Trustees or
Trustee for the time being of this my Will to pay any debts claimed
against me or against my Estate upon any evidence they shall think
proper to admit and to adjust settle compromise and compound all
accounts reckonings transactions matters and things depending at the
time of my decease between me and any other person or persons whatsoever
and to accept any security real or personal for any debt or debts owing
to me and to allow such time for the payment thereof as to him or them
shall seem reasonable and to refer any matters in difference relating to
my affairs to arbitration And I declare that it shall be lawful for the
trustee or trustees for the time being of this my Will to sign and give
any receipt or receipts for any sum or sums of money payable to them or
him under or by virtue of this my Will and that any person or persons
paying to them or him any such sum or sums of money and taking their or
his receipt for the same respectively shall not afterwards be answerable
or accountable for the loss misapplication or nonapplication or in
anywise bound or concerned to see to the application of the money in the
said receipts mentioned or acknowledged to have been received Provided
always and I further declare that all the powers authorities and
discretions herein given to the trustees and executors in my Will named
shall extend to the Trustees and Executors for the time being if this my
Will I declare that if either of my said Trustees herein named shall die
in my lifetime or refuse to accept the trusts of my Will or in case any
Trustee for the time being shall die or become unable or unwilling to
act then I empower my said three daughters or the survivors or survivor
of them and after the decease of the survivor of them then the surviving
or continuing Trustees or Trustee competent to act (whether desirous of
being discharged or not) or if there shall be none such then the
executors or administrators of the last surviving Trustee by any deed in
writing to appoint any person or persons in the room of such deceased
refusing retiring or incompetent trustee or trustees and by force of
every such appointment as aforesaid all the authorities and discretions
given or expressed to be given to the deceased refusing incapacitated or
discharged Trustee shall be conferred upon the appointed trustee or
trustees in whom either alone or (as the case may be) jointly with the
surviving or continuing trustee or trustees my trust properly shall vest
or by proper assurances be vested Provided always and I hereby further
expressly declare that the said several trustees hereby appointed and to
be appointed as aforesaid and each and every of them and also my
executors and the heirs executors administrators and assigns of all each
and every of them shall be charged and chargeable respectively for such
moneys only as they respectively shall actually receive by virtue of the
trusts hereby reposed in them notwithstanding their or any of their
giving or signing or joining in giving or signing any receipt or
receipts for the sake of conformity and any one or more of them shall
not be answerable or accountable for the other or others of them or for
involuntary losses or for any banker broker or other person in whose
hands any moneys shall be deposited for safe custody nor for any loss
which shall happen by or through the insufficiency or deficiency of any
fund or security in or upon which any of the said trust moneys shall be
invested for the time being unless the same shall arise or exist by or
through their respective wilful default or neglect and also that it
shall and may be lawful to and for my said trustees and executors and
the trustees and executors for the time being of this my Will and their
respective heirs executors and administrators with and out of the trust
premises or the rents issues profits dividends interests and proceeds
thereof and out of the moneys which shall come to their respective hands
by virtue of the trusts aforesaid to retain to and reimburse themselves
respectively and also allow to his and their cotrustees and cotrustee
coexecutors and coexcutor all such costs charges damages and expenses
fees to Counsel and others for advice if they deem it necessary as they
or either of them shall or may suffer sustain expend disburse be at or
be put unto in or about the aforesaid trusts and executorship or any of
them or in relation thereto
This Will was kindly transcribed and sent in by Heather. 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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