The Will of David Vines
Of Reading 1828
I David Vines of Reading
in the County of Berks, Gentleman, do make and publish this my last will
and testament in manner following, that is to say:
I give unto my son Daniel
Bushnell Vines all my wearing apparel of every description.
I give unto my son Edward
Vines all the sacks (if any) belonging to me which he may use or employ
in his trade or business at the time of my decease.
I do hereby absolve and release
all my children except my said son Edward Vines and the husbands of such
of my daughters as are now or shall have been married at the time of my
death, of and from all debts, sum and sums of money now due and owing from
them respectively to me and which shall remain unpaid at the time of my
decease, (except such monies as I may hereafter lend advance or pay unto
or for any or either of them).
And whereas I and my good
friend William Winkworth? of Reading aforesaid, Gentleman, did several
years since purchase of Bernard Broras certain freehold messuage, land
and hereditaments, (part whereof has since been sold and disposed of,)
situate at or near Basingstoke in the County of Hants, at or for the price
or sum of four hundred and twenty pounds and the said hereditaments were
by indendures of Lease and Release bearing date on or about the nineteenth
and twentieth days of March one thousand eight hundred and twenty four,
granted released and conveyed unto and to the use of me, my heirs and assigns
for ever.
Now I do hereby declare
that one moiety of the said purchase money or sum of four hundred and twenty
pounds was of proper money of the said William Winkworth and that I did
lately sell unto the said William Winkworth all my estate, right and interest
of, and in the said hereditaments which then remained unsold for the sum
of one hundred pounds, which sum of one hundred pounds I have received
of the said William Winkworth, but I have not executed any conveyance of
the said last mentioned hereditaments unto or for the use of the said William
Winkworth to my knowledge or recollection or belief. Now therefore I do
hereby give and devise all and singular the said freehold hereditaments
or so much and such part thereof if any as shall remain unconveyed by me
at the time of my death, with the appurtenances unto and to the use of
the said William Winkworth, his heirs and assigns for ever.
And as to all the rest, residue
and remainder of my estate property and effects whatsoever and wheresoever
I do hereby give devise and bequeath the same and every part thereof unto
and to the use of my daughters Sophia Vines and Sarah Vines, their heirs
executors administrators and assigns upon trust to sell and dispose of
the same and to collect, get in and receive all debts sum and sums of which
shall or may be due or owing unto me at the time of my death and by with
and out of the same to pay satisfy and discharge all my just debts funeral
and testamentary charges and expenses
And to stand possessed of
and interested in all the remainder of my said trust monies and residuary
estate and effects upon the trusts hereinafter mentioned, that is to say
as to one undivided moiety or half part thereof, (the whole into two equal
parts being divided or considered as divided) upon trust for and to pay
the same unto such person or persons (other than and except the present
husband of my daughter Anne Ward he not being intended to have or receive
any benefit or advantage under this my will) in such parts shares and proportions
and at such age or ages days or times and in such manner and form and for
such intent and purposes as my said daughter Anne Ward shall at any time
or times during her life notwithstanding her present or any future coverture
and whether she be covert or sole by any writing or writings under her
hand and attested by one or more witness or witnesses and I doth order
direct and appoint and in default of any such order direction or appointment
and so far as any such order direction or appointment if incomplete shall
not extend and subject to any such as shall be made upon trust to put and
place the same moiety of my said trust monies and residuary effects or
so much and such part thereof as shall remain unappointed and undisposed
of as aforesaid and out at interest in or upon the Government stocks or
funds of this Kingdom or on such other good and sufficient security or
securities as my said trustee or the survivor of them shall think proper
and to receive and take the interest, dividends and product thereof and
pay the same into the proper hands of my said daughter Ann Ward or otherwise
permit and suffer or authorise and empower her to receive and take the
same during her natural life for her own sole and separate use and benefit
exclusive of her present or any future husband and without being subject
or liable to the debts control or engagements of her present or any future
husband and for which her own receipt and receipts alone notwithstanding
her present or any future coverture and whether she be covert or sole shall
from time to time and at all times be good and sufficient discharge and
discharges and from and after the decease of my said daughter Ann Ward
upon trust to stand possessed of the said moiety of my said trust monies
and residuary estate and effects or so much and such part thereof as shall
remain unappointed and undisposed of as aforesaid in trust for all the
children of my daughter Ann Ward already born or hereafter to be born who
shall be living at the time of her death to whom I do hereby give and bequeath
the same accordingly, share and share alike as tenants in common the interest,
dividends and product of the share or shares of such of the same children
as shall then be under the age of twenty one years to be in the mean time
paid and applied in and for or towards their his or her maintenance, education
and bringing up to that age
Provided always that in case
any or either of the children of my said daughter Ann Ward shall die in
her lifetime leaving lawful issue then my will is and I do hereby give
the shares or share of such children or child so dying equally unto and
between such, their, his or her issue the dividends and interest of the
shares or share of such of the said issue as shall then be under twenty
one years being in the meantime paid and applied in or toward the maintenance
and bringing up of susc issue to that age but if any or other of the children
of my said daughter Ann Ward who shall survive her and die without having
attained the age of twenty one years and without leaving lawful issue as
aforesaid then my will is and I do hereby give the shares or share of such
children or child so dying equally unto between and among the survivors
of them if more than one as tenants in common and if but one then unto
such only one for his or her own absolute and benefit
Provided also and my will
further is that it shall be lawful for my said trustees if they shall think
fit but not otherwise at any time or times during the minority of any or
either of the children or other issue of my said daughter Ann Ward upon
her request or with her consent at any time during her life and after her
death then of their own authority to advance and pay all or such part of
the presumptive share or shares of any or either of such children or other
issue for putting any or either of them out to learn any art trade or business
whatsoever or otherwise for the education benefit or advantage in life
of any or either of such children or other issue as my said trustees or
the survivor of them shall in their or her discretion think proper
Provided also and my will
further is that it should be lawful for my said trustees if and when they
shall see occasion or shall think fit but not otherwise from time to time
and at any time during the lifetime of my said daughter Ann Ward to advance
and pay or apply all or any part of the capital of the aforesaid moietyof
my said trust monies and residuary estate and effects or so much and such
part thereof as shall remain unappointed or undisposed of as aforesaid
unto or for the sole separate and peculiar use and benefit of my said daughter
Ann Ward exclusive of her present or any future husband and for which her
own receipt and receipts alone whether she be covert? or sole shall at
all times be good and effectual discharge and discharges
Provided also that in case
my daughter Ann Ward shall happen to die without having any child or other
issue her surviving who shall live to attain the age of twenty one years
then I do hereby give and bequeath the said moiety of my said trust monies
and residuary estate and effects and the dividends and interest thereof
or so much and such part thereof respectively as shall remain unappointed
unadvanced unapplied and undisposed of under the several powers hereinbefore
mentioned and contained unto my said daughters Sophia Vines and Sarah Vines,
their executors, administrators and assigns share and share alike as tenants
in common for their own absolute use and benefit and as to for and .....?
the other or remaining moiety of my said trust moniesand residuary estate
and effects I do hereby give and bequeath the same unto my said daughters
Sophia Vines and Sarah Vines their executors administrators and assignees
to share and share alike as tenants in common and not as joint tenants
for their own absolute use and benefit
Provided always and my will
is that it shall be lawful for my said son Edward Vines if he shall think
proper but not otherwise to have, take to and retain for his own use and
benefit all and singular my household furniture, towels, plate, linen,
china, wines, spirituous and other liquors, books, chattels, utensils,
articles and things which shall be in upon or about the dwelling house
and premises wherein I shall reside at the time of my decease except my
wearing apparel as aforesaid and monies securities for money and
cash or cash notes at, or for the price or sum of one hundred pounds sterling
the same to be paid or satisfactorily secured to my executors hereinafter
named within one calendar month next after my decease
Provided also that as there
may be a considerable sum of money due and owing unto me at the time of
my decease from my said son Edward Vines and by him employed in trade which
it may not be convenient for him to pay down immediately after my death
therefore my will is and I do direct that the same, whatever be the amount
thereof, shall be paid by my son Edward Vines and that my said executors
shall accept and receive the sum by three equal installments at the end
of six, twelve and eighteen calendar months from the day of my death.
Provided nevertheless that
my said son Edward Vines do and shall within one calendar month give unto
my said executrixes this bond and warrant of attorney in a sufficient penalty
for securing to them the payment thereof at the times and in the proportions
aforesaid together with interest for the same instalments respectively
after the rate of five pounds per centum per annum at the time of my death
until the same be paid
And lastly I do hereby nominate
and appoint my said daughters Sophia Vines and Sarah Vines joint executrixes
of this my will whom I do hereby authorise to deduct and retain all reasonable
and necessary costs charges and expenses which they or either of them shall
bear, pay, be put unto, or sustain in, or about, the execution of this
my will or the trusts hereby in them reposed and hereby revoking all former
wills by me made. I do declare this alone to be and contain my last will
and testament in witness whereof I have hereunto set my hand and seal the
twenty seventh day of October in the year of our Lord one thousand eight
hundred and twenty eight.
David Vines
Signed sealed published
and declared by the above named David Vines the testator as and for his
last will and testament in the presence of us who in his presence at his
request and in the presence of each other have hereunder subscribed our
names as witnesses thereto
Jacob Vines
solr. Reading
Josh. Vines
solr. Reading
Thos. Willis
clerk to Mr Edwd. Vines solr. Reading
Proved at London 10th April 1830
before the worshipful Charles Coote? Dr. of Laws and Surrogate, by the
oath of Sophia Vines spinster the daur. one of the executrixes to whom
admon was granted having been first sworn duly to administer power
reserved of making the like grant to Sarah Vines Spr. the daur. also the
other executrix
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