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The Will of Mary Trendall

 

I Mary Trendall of Cadmore End in the Parish of Lewknor in the County of Oxford widow do hereby revoke all wills codicils and other testamentary dispositions made by me at any time heretofore and do publish and declare this to be my last will and testament as follows that is to say I direct my just debts funeral and testamentary expences to be paid out of my real and personal estate I give and bequeath to my daughter Mary Trendall all and singular my household goods and furniture plate linen china and utensils whatsoever in or about and belonging to my dwelling house to and for her own use and benefit subject only to be applied towards the payment of my debts in case the Residue of my Estate and Effects should not prove sufficient or adequate thereto All the rest residue and remainder of my Whole Estate whatsoever both real and personal I give devise and bequeath unto and for the use of my brother James Bennell of Arundel in the County of Sussex and my son Joseph Trendall their heirs executors administrators & assigns respectively according to the respective natures thereof upon trust with all convenient speed after my decease absolutely to sell the whole of my real and copyhold estates either by public auction or private contract and to convey and assure the same unto the purchaser or purchasers thereof or as he she or they shall direct and to receive the monies arising from the sale thereof and give effectual discharges for the same exonerating the purchaser or purchasers hereof from all inability in respect of the application thereof, and as to all my Personal Estate whatsoever not hereinbefore specifically bequeathed upon trust as soon as conveniently may be after my decease to convert into money such part or parts thereof as are in their nature saleable and collect get in and receive the remaining parts of my said residuary personal estate and I declare that all persons paying to my trustees or trustee any trust monies belonging to my estate and taking their or his receipt for the same shall be effectually discharged from all responsibility in respect of the application thereof and it is my will and I direct that the said James Bennell and Joseph Trendall and the survivor of them his executors and administrators shall stand possessed of as well the monies to arise from my said residuary personal estate as the monies to be produced from the sale or sales to be made under or by virtue of the trust hereinbefore contained concerning my real and copyhold estates hereinbefore devised Upon trust by with or out of the said monies to pay or satisfy and retain all my just debts and funeral and testamentary expences and all expences incidental to the trusts hereby treated as and when the same shall become payable And upon further trust to pay apply and dispose of the residue of the said monies estate and effects unto and amongst all my children as shall be living at the time of my decease equally share and share alike And I do hereby nominate and appoint the aforesaid James Bennell and Joseph Trendall Executors of this my last Will and testament And I also declare my will to be that it shall be lawfull for the said James Bennell and Joseph Trendall my trustees and Executors hereinbefore named and the survivor of them and the executors administrators and assigns of such survivor 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 bound to see to the application thereof or be accountable for the misapplication or nonapplication of the same And I hereby further declare that the trustee and trustees for the time being of this my will shall be charged and chargeable only with such monies as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively notwithstanding their joining in any receipt or other act for the sake of conformity only nor for any loss misfortune or damage which may happen in the execution of the aforesaid trusts or any of them in relation thereunto unless the same shall happen by or through their or his own wilfull neglect or default And also that it shall be lawfull for the said trustees respectively by and out of the monies which shall come to their or his hands respectively to retain or allow to each other all costs charges damages and expences which they respectively shall sustain or expend in or about the execution of the said trusts or in relation thereto In witness whereof I the said Mary Trendall have to this my last will and testament set my hand this twenty sixth day of October one thousand eight hundred and thirty eight
 
Mary Trendall
 
Samuel Edmonds Wycombe Gent
Ann Green Do Spinster
 
Proved at London 23rd July 1855 before the Judge by the oath of James Bennell the brother one of the Executors to whom Admon was granted having first sworn by Common only to administer Power reserved of making the like grant to Joseph Trendall the son the other Executor when he shall apply for the same
 
PCC
Prob11/2217

 

This Will was kindly  transcribed and sent in by Ros.

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