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This is the last Will
and Testament of me Humphrey Townsend of Aston in the parish of
Bampton in the County of Oxford, Yeoman, made this sixteenth
day of January in the year of our Lord one thousand eight
hundred and sixty eight as follows. I give and devise unto my
friends Richard Fox of Aston aforesaid Yeoman and Thomas Luckett
of the same place, Farmer, All and singular my messuages or
tenements lands hereditaments and real estate and chattels real
whatsoever and wheresoever To hold to them their heirs executors
administrators and assigns according to the tenures thereof Upon
trust to make sale and absolutely dispose thereof by public
auction or private contract at one time or several times and
together or in parcels to any person or persons willing to
become the purchaser or purchasers thereof for such price or
prices as to them my said Trustees shall seem reasonable and
stand possessed of the money to arise from such sale or sales
Upon trust for the purposes after mentioned I give and bequeath
to my said trustees all my money securities for money household
furniture farming stock crops and effects and personal estate of
every description Upon trust to convert the whole thereof into
money and stand possessed of the moneys to arise therefrom
together with the moneys to arise from the aforesaid sale and
conversion of my real estate and chattels real Upon trust in the
first place tp pay the expenses attending such sale and
conversion and all my just debts (including mortgage debts)
funeral and testamentary expenses then to retain three pounds to
each of themselves my said trustees as a mark of my esteem then
to pay one hundred pounds to my housekeeper Harriet Jane Giles
free of legacy duty then to pay two hundred pounds free of
legacy duty or the unapplied part thereof under the power of
advancement hereinafter contained to Matilda Townsend or Giles
my natural daughter by the said Harriet Jane Giles if and when
she shall attain the age of twenty one years then to pay two
hundred pounds free of legacy duty or the unapplied part thereof
under the power of advancement hereinafter contained to Emily
Louisa Townsend or Giles my other natural daughter by the said
Harriet Jane Giles if and when she shall attain the age of
twenty one years with power to my said trustees to advance the
whole or any part of the interest of such respective legacies of
two hundred pounds or of the principal thereof respectively for
the clothing education maintenance or as a marriage portion of
my said two respective natural daughters during the respective
minorities if in their discretion they shall think fit to do so
and the receipts of such respective daughters for any
advancement so made to them whether covert or sole and
notwithstanding minority shall be sufficient discharges to my
said trustees for any principal or interest so advanced or
marriage portion so paid and then to pay the residue of such
moneys so arising from such conversion of my real and personal
estate to my son Edwin Townsend now in America. I appoint my
said trustees joint Executors of this my Will Provided always
and I hereby authorize 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 and compromise all accounts
reckonings transactions and things depending at the time of my
decease between me and any other person or persons whatsoever or
hereafter to arise between the said trustees and any other
person or persons 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
trustees or trustee 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 him or them 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
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 hereinbefore given to the trustees
and executors hereby appointed may be executed and performed by
the trustees and executors for the time being of this my Will I
declare that if either of my said trustees herein named shall
die in my lifetime or shall 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 the surviving
or continuing trustee or trustees 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 retired incapacitated or discharged
trustee or trustees shall be conferred upon the appointed
trustee or trustees in whom either alone or as the case may be
jointly with the surviving or last continuing trustee or
trustees my trust property shall vest or by proper assurances be
vested Provided always and I hereby expressly declare that the
said several trustees hereby appointed and to be appointed as
aforesaid 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 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 or either of them
shall not be answerable or accountable for the other or others
of them nor for involuntary losses nor for any bankers brokers
or other persons 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 with and out of the trust premises or the rents
issues profits dividends interests and proceeds thereof and out
of the money which shall come to their respective hands by
virtue of the trusts aforesaid to retain and reimburse himself
and themselves respectively and also allow to his and their
co-trustees and co-trustee, co-executors and co-executor 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 may suffer sustain expend disburse be at or be put unto in
or about the aforesaid trusts and executorship of or in relation
thereto. In Witness whereof I the said Humphrey Townsend the
testator have to this my last Will and Testament contained in
four sheets of paper set my hand the day and year first before
written.
The mark X of Humphrey
Townsend the Testator
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 presence and in the presence of each other have hereunto
subscribed our names as Witnesses after the same had been read
over to him he being illiterate in the presence of
R.H.Bullen, Sol.
Bampton, Oxon J.A.Hieatt his Clerk
Proved at Oxford, the
Twenty eighth day of October 1868 by the oaths of Richard Fox
and Thomas Luckett, the Executors, to whom Administration was
granted.
The Testator Humphrey
Townsend was late of Aston in the Parish of Bampton in the
County of Oxford, Yeoman, and died on the Twenty fourth day of
March 1868 at Aston aforesaid.
Under £300
Robert Hockley Bullen
Solicitor, Bampton, Oxon
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