The Will of Mary Weld

This is the last Will and Testament of me Mary Weld Widow of Thomas Weld late of Lulworth Castle in the County of Dorset Esquire deceased I give unto my daughter Mary Weld the sum of one hundred pounds of lawful current money of England to be paid within six calendar months after my decease and subject to my just debts funeral and Testamentary expences and the charges of proving this my Will I give and bequeath the residue of of my monies personal Estate and effects whatsoever and the Securities for the same unto the Honorable Hugh Clifford and my Son Joseph Weld Esquire my Executors Administrators and assigns upon the trusts hereinafter mentioned (that is to say) upon trust that they the said Hugh Clifford and Joseph Weld and the Survivor of them his Executors or administrators do and shall as soon as conveniently may be after my decease appropriate the sum of one thousand two hundred pounds of lawful money of England and stand possessed of the same and the Interest thereof In trust for my daughter Elizabeth Bodenham the Wife of Charles Thomas Bodenham of Rotherwas in the County of Hereford Esquire and to pay and apply the same to such person form such persons for such purposes and generally in such manner as my said daughter shall from time to time or at any one time notwithstanding her coverture by any writing or writings under her hand or by her last Will and Testament or any writing in the nature thereof direct or appoint so that the same may not be liable to the debts controul or Engagements of her present or any future husband and in default of such direction or appointment do and shall during the joint lives of my daughter and the said Charles Thomas Bodenham pay into the hands of my said daughter the Interest as the same shall become due of the whole or unappointed part of the said sum of one thousand two hundred pounds as the case may be upon her single receipt for the same and for her sole and separate use exclusively of her husband and in case my said daughter shall survive her said husband do and shall pay over and transfer the said sum of one thousand two hundred pounds and the Interest thereof and the Securities for the same to my said daughter for her own absolute use and benefit but in case my said daughter shall die in the lifetime of her said husband without having disposed or directed the disposition of the whole or a part of the said sum of one thousand two hundred pounds then I direct that the same or the part so undisposed shall be taken and go as part of the residue of my Personal Estate and upon this further trust that they the said Hugh Clifford and Joseph Weld and the Survivor of them his Executors or Administrators do and shall during the joint lives of my daughter and the said Charles Thomas Bodenham out of the Interest dividends and annual produce out of the residue of my Personal Estate not above disposed of pay into the hands of my said daughter and upon her single receipt for the same or to such purposes and for such purposes as she shall in any writing or writings under her hand from time to time but not by may of anticipation appoint and so that the same may not be liable to the debts controul or Engagements of her said husband an annual sum of one hundred and fifty pounds of lawful current money of England by two half yearly payments the first half yearly payment to be made on the day on which the half yearly dividends of the English or foreign stocks or funds in which the principal shall be invested shall first become due after my decease but if the same shall not be so invested then within six months after my decease and in case my said daughter shall survive her said husband then upon trust that my said trustees and trustee do and shall with and out of the said Interest dividends and annual produce pay to my said daughter during her life an annual sum of two hundred and fifty pounds of lawful current money of England if the said annual produce shall amount to such annual sum otherwise the whole of such annual produce by two half yearly payments in the year the first half yearly payment to be made within six months of the decease of the said Charles Thomas Bodenham and upon further trust that my said trustees and trustee do and shall during the life of my said daughter lay out and apply the residue if any of the Interest dividends and annual produce of the residue of my Personal estate at their discretion in the Education of the children of my son Humphrey Weld Esquire and if the education of all his children shall have been before my decease and when the same shall have been completed and as to any part thereof which in their of his Judgment shall not be required for such purpose do and shall pay the whole or part as the case may be of such Interest dividends and annual produce as the same shall become due to my said Son Humphrey Weld his Executors Administrators and assigns and from and after the decease of my said daughter Elizabeth Bodenham I direct that my said trustees and trustee do and shall stand possessed of the residue of my personal Estate upon the trusts following that is to say as to the sum of one thousand pounds of lawful current money of England upon trust to pay the same to my said Son Humphrey Weld his Executors administrators and assigns and as to the sum of eight hundred pounds of like current money upon trust to pay the same to my son George Weld Esquire his Executors administrators and assigns and as to all the residue if any of my personal Estate and Effects upon trust to pay and transfer the same to my said Son Humphrey Weld his Executors administrators and assigns and I declare that the said several bequests shall be interests vested in the respective parties immediately upon my decease and I do hereby appoint the said Hugh Clifford and Joseph Weld Executors of this my will and I declare that if the trustees by this my will or to be by virtue of this present clause or any of them shall die or be desirous of being discharged from or become incapable of acting in the trusts hereby reposed in them it shall be lawful for my said daughter Elizabeth Bodenham and my said Son Humphrey Weld during their joint lives by any deed or Instrument legally executed by them and if the said Humphrey Weld shall depart this life in the lifetime of my said daughter then for my said daughter solely by any deed or Instrument to be so Executed by her and whether she be married or sole from time to time to appoint any other person or persons to be a trustee or trustees or solely as the case may require upon such of the trusts of this my Will as shall be then subsisting or capable of taking Effect and such now trustee and trustees shall have all the powers and authorities which by the my Will are conferred upon my trustees hereinbefore named And I declare that it shall be lawful for my trustees for the time being to vary and transpose any of the stocks funds or Securities upon which my personal Estate or any part thereof shall be invested and from time to time to invest the same upon any of the public Stocks or funds of Great Britian or upon Government or real Securities at Interest or upon the stocks or funds of any foreign nation such latter investment however not to be made without the consent in writing of the said Elizabeth Bodenham and of the said Humphrey Weld or his Executors or administrators and I further declare that my said trustees shall be respectively chargeable only with such monies as shall they shall actually receive under the trusts of this my Will notwithstanding the joining in the receipts for the sake of conformity and shall not be answerable for involuntary losses and that it shall be lawful for them respectively to retain and reimburse themselves all such charges and expences as they shall be put to in the Execution of the trusts aforesaid In Witness whereof I have to the first sheets of this my Will the whole being contained in four sheets of paper set my hand and to the fourth and last sheet my hand and seal the twelfth day of October in the year of our Lord one thousand eight hundred and twenty seven Mary Weld

(Attestation Clause)

Edward Morton Rotherwas
Nat Blount Atty at Law Hereford

Proved at London 1 October 1830
PCC
Prob11/1777