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In the name of God Amen I
I direct that my funeral and testamentary expenses and all debts owing by me at my decease shall be paid immediately upon or after my decease out of my personal estate but if that shall be insufficient to answer the same I charge my real estate with the deficiency
I give devise and bequeath unto my friends James Ashwin of Bourton-on-the-Water aforesaid gentleman John Beale of the same place gentleman and John North Wilkins of the same place gentleman their heirs executors admins and assigns all that messuage or tenement with the garden and appurtenances books and other effects in my said dwelling house to hold the same unto the said James Ashwin, John Beale and John North Wilkins their heirs executors admins and assigns according to the nature and quality thereof respectively upon trust that they do and shall permit and suffer my wife Ann Collett to enjoy the said messuage and premises during her life if she so long continue my widow without paying rent for the same and also permit her during such period and upon the same condition to use and enjoy the said furniture, plate, linen, china, books and effects and immediately after the marriage or decease of my said wife which shall first happen I direct that the dwelling house and various furniture and other effects shall be considered part of the residue of my estate and disposed of in a manner hereinafter directed
And whereas Messrs William Hall and John Ansell the trustees named in the settlement made upon my marriage with my present wife did some years since at my request sell out the sum of seven hundred and fifty three pounds five shillings and eleven pence there and for continue consolidated bank annuities part of the property comprised in such settlement and land in the product thereof accounting to five hundred pounds upon the security of my bond for repayment thereof now I do hereby direct that my executors hereinafter named will out of the first monies that shall come to their hands pay to the said William Hall as the surviving trustee not merely the said sum of five hundred pounds but also such further sum as will enable him to replace the said sum of seven hundred and fifty three pounds five shillings and eleven pence consolidated bank annuities upon such of the trusts of the said settlement as remain to be performed
I give and devise unto the said James Ashwin, John Beale and John North Wilkins all that messuage
or tenement with the outbuildings, orchard, garden and appurtenances belonging
thereto situate in Bourton-on-the-Water aforesaid in the occupation of Edward
Baker and also all those several closes of land called Cold Pait
Burn Lake, Thompsons Ground Corn Hill Lake and the
other lands which I inherit from my father in Bourton-on-the-Water aforesaid
called my Bourton Estate containing in the whole one hundred and seventy acres
or thereabouts with their and each and every of their appurtenances
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To hold the same subject to the payment to my said wife
of the sum of one hundred pounds per annum charged thereon by my said marriage
settlement unto and to the use of the said James Ashwin,
John Beale and John North Wilkins their heirs and assigns forever upon the
trust nevertheless hereinafter mentioned that is to say upon trust that the
said James Ashwin, John Beale and John North Wilkins
and the survivor of them or the heirs and assigns of such survivor do and shall
from and immediately or soon after my decease as to them shall seem advisable
by sale mortgage or other disposition of the said messuage or tenement close of
land, hereditament and premises or such part thereof
as to them shall seem moot levy and raise the principal sum of two thousand one
hundred pounds of lawful money of Great Britain and stand and be possessed of
and interested in the said sum of two thousand and one hundred pounds when the
same shall be so raised upon trust that they my said trustees so and shall pay
the sum of three hundred pounds part of the said sum of two thousand one
hundred pounds unto each of my children hereinafter mentioned that is to say
Mary Collett, Anne Collett, Elizabeth Collett,
And I do direct that until my said children shall
attain the age of twenty one years the legacies of three hundred pounds
hereinbefore given to them respectively shall be invested by my said trustees
in government or real securities in the names of such trustees and the interest
dividends and annual produce thereof paid to my said wife for and towards the
maintenance and education of my said children and upon further trust that they
my said trustees or the survivors or survivor of them or the heirs and assigns
of such survivor do and shall from and immediately after the decease of my said
wife by any or either of the ways and means aforesaid levy and raise the
further sum of two thousand one hundred pounds of like lawful money of Great
Britain and so and shall pay apply and divide the same into and actually
amongst my said seven children hereinbefore mentioned or as and when they shall
respectively attain the age of twenty one years and do and shall during the
minorities of my said children respectively lay out and invest his her and
their last mentioned legacies in the names or name of such trustees or trustee
in government or real securities and pay and apply the interest, dividends and annual
produce of such shares and share for and towards the maintenance and education
of the children or child for whose benefit the sum shall be invested and
subject to said jointure of one hundred pounds per annum to my said wife and to
the payment of the said several sums of two thousand one hundred pounds and two
thousand one hundred pounds hereinbefore directed to be raised and applied for
the benefit of my said seven children my said trustees and survivors and survivor
of them and the heirs and assigns of such survivor shall stand seized of the
said messuage and other hereditaments lastly devised
to them upon trust for my son
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And I do hereby declare that the said several legacies
of three hundred pounds and three hundred pounds hereinbefore by me given to or
for the benefit of my said sons and daughters Mary Collett, Anne Collett,
Elizabeth Collett,
that age or marry then and in every such case as with the legacy hereby originally given and the legacy or legacies accruing to him her or them by virtue of this proviso shall be in trust for the survivors or survivor of my said sons and daughters Mary, Anne, Elizabeth, John, Henrietta, Robert and Emma Collett to be divided between them in equal shares and proportions
I give devise and bequeath all those to freehold closes
called Georges Ground and South Lake containing eighteen acres or thereabouts
and also all that freehold close called the Buryfield
Close containing three acres or thereabouts with the barn thereto belonging and
also that close called Side-of-the-Hill containing four acres and also all
those several closes called Cracomb containing thirty
acres or thereabouts and also all those two cottages in the occupations of
Thomas Gorton and myself severally situate within the said Parish of Bourton-on-the-Water
and also all of the rest residue and remainder of my estate and effects whether
real or personal and wheresoever situate or being of
which I was owner at the time of my decease shall be seized possessed or
entitled to in possession reversion or remainder or exp……. except the said messuage
and lands hereinbefore devised to my said son
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And I do hereby declare that the receipt or
receipts of my said trustees or the survivors or survivor of them or the heirs
executors administrators or assigns of such survivor for any sum or sums of money
payable to them or him under or by virtue of the trusts of this my Will shall
be a sufficient and effectual discharge and sufficient and effectual discharge
for the same respectively or so much thereof respectively as in such receipts
respectively shall be acknowledged to be received and that the person or
persons to whom the same shall be given his her or their heirs executors
administrators or assigns shall not afterwards be answerable or accountable for
any loss misapplication or misapplications or be obliged or concerned to see to
the application of the money therein mentioned to be received and upon further
trust that they my said trustees or the survivors or survivor of them or the executors
administrators or assigns of such survivor do and shall stand and be possessed
of the monies which shall come to their hands by the sales hereinbefore
directed to be made upon trust that they the said trustees and the survivors
and survivor of them and the executors administrators
and assigns of such survivor do and shall in the first place pay satisfy and discharge all my just debts funeral and testamentary expenses and do and shall stand and be possessed of the clear residue of the said trust monies after payment of the said debts and expenses upon trust for my said children Mary, Anne, Elizabeth, John, Henrietta, Robert and Emma Collett to be divided between and among them in equal shares and proportions as and when they shall respectively attain the age of twenty one years and to be in the meantime invested upon such and those decent securities and to be subject to the like benefit of survivorship in form of my said seven children last mentioned as well of original as of accruing share and to all such of the provisions and conditions as are hereinbefore mentioned expressed and declared of and concerning the legacies of three hundred pounds a piece hereinbefore directed to be raised and paid to my said seven last mentioned children after my wife’s decease
I give and devise unto the said James Ashwin, John Beale and John North Wilkins their heirs
executors administrators and assigns respectively all the estates which at my
decease shall be rested in me upon any trusts and of which I have power to
dispose by my Will with their appurtenances to hold to them their heirs
executors administrators and assigns respectively according to the nature and
quality of the same upon the trusts subsisting therein respectively
And I do hereby direct that my said trustees shall
not be answerable the one for the other of them or for the security receipts
for conformity or for any involuntary loss and that it shall be lawful for them
to reimburse themselves their costs and expenses in discharging their trusts
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And lastly I make nominate and appoint the said James Ashwin, John Beale and John North Wilkins executors of this my Will in witness whereof I have to this my Will contained in five sheets of paper set my hand to the first four sheets and to this fifth and last sheet thereof my hand and seal this fifth day of January in the year of our Lord one thousand eight hundred and eighteen
I
The children of
Their
first born son, referred to separately, was
Their only other child was Martha (Ref. 14M23) who had died seven years earlier
The Trustee James Ashwin was the husband of Elizabeth Collett (Ref. 14L4)
and therefore the cousin by law of
The Trustee John Beale was the father of John Beale (1804 to pre1881) who married
Mrs
Mary Collett after her husband