1861 England Census

 

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The Will of Edward Lindsey Townsend

 

This is the last Will and Testament of me Edward Lindsey Townsend of Aston in the County of Oxford Yeoman made this tenth day of June 1863 as follows   I give devise and bequeath to my wife my brother Charles and my friend Charles Gillett of Cote House  All my real and personal estate To hold to them their heirs executors administrators and assigns according to the natures thereof Upon trust to carry on my present or any other farming business for the benefit of my wife and family during my wife's life or widowhood with full power to educate apprentice and place out in business any one or more of my sons and advance a marriage portion to any one or more of my daughters to the extent of not more than one half of their presumptive shares hereinafter mentioned and upon the decease or future marriage of my said wife whichever shall first happen Upon trust to have all my real estate valued by two indifferent persons to be named by them my trustees for the time being and offer the same to my eldest son if then living at that valuation and should he be then dead then to my other son and should my eldest son refuse or neglect within six calendar months from the time of such valuation being notified to him to take to and get the conveyance of such real estate perfected to him at the amount of such valuation then to offer the same upon the same terms and with the like restriction as to time to my other son and should he be dead or refuse or neglect as aforesaid then Upon trust to sell the same by public auction and together or in parcels with full power to buy in or rescind a contract and sell again and stand possessed of the amount of such valuation or proceeds of sale and all my personal estate and property of every description Upon trust for all my children in equal shares  I direct my trustees to pay all my debts including mortgage debts as soon as conveniently may be after my decease  Should my wife remarry she is to have no further interest in my estate and cease to be a trustee   I declare that the receipt and receipts of my trustees shall be sufficient discharges for all moneys payable to them under the trusts of this my Will and that the person or persons paying the same shall not be answerable for the application misapplication or non application thereof  In case of the death of any one or more of my trustees the survivors or survivor whether such death occur in my lifetime or not shall appoint some other person or persons to a trustee or trustees in the place of such deceased trustee or trustees such appointment to be by deed and this power shall extend and be applicable to the case of an incompetent trustee or trustees or to a trustee or trustees going abroad or desiring to be removed or to retire from the trusts of my Will and in the old remaining trustee or trustees together with such newly appointed trustee or trustees my trust property shall vest or by proper assurances be vested and all the powers and authorities hereby given may be exercised by the trustees for the time being of my Will I appoint my Trustees joint Executors of this my Will       E L Townsend

Signed by the said Testator as and for his last Will and Testament in the joint presence of us present at the same time who at his request in his and each others presence have hereunto subscribed our names as witnesses

R H Bullen  Solr  Bampton                    G B Prickett  Surgeon  Bampton

 

 

Testator died 11th June 1863

 

Will proved in the District Registry of Her Majesty's Court of Probate at Oxford 31st December 1863 by Sarah Townsend Widow  Charles Townsend and Charles Gillett  the Executors

 

Sworn under £1500

 

This Will was kindly transcribed and sent in by Heather.

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