This is the last Will and Testament of me Charles Fluck of Cheltenham in the County of Gloucester Confectioner whereas I have at various times advanced and paid to and on account of my Children for the purpose of their advancement or preferment in the world the following sums of Money that is to say, to my son Charles Fluck the sum of Three hundred pounds – to my son Frederick William Fluck a share of and in my Business of a Baker and Confectioner which I value with other advances made by me to him at the sum of Two hundred pounds – to my Daughter Eliza Leacey the other share of my Business which I value with other advances made by me to her at the sum of Three hundred pounds and to my Daughter Eliza Rodd the sum of One hundred pounds Now as it is my wish that as far as practicable each of my Children should have an equal share of my Property I do hereby give and bequeath to my said son Frederick William Fluck the Legacy or sum of One hundred pounds and also the additional sum of Forty pounds as a compensation for the loss of interest which he might have made if I had advanced him the sum of Three hundred pounds - and I give to my Daughter Elizabeth Rodd the legacy or sum of Two hundred pounds and also the additional sum of Sixty pounds as a like equivalent for loss if interest I give and bequeath all my Plate and plated Articles unto my four Children Eliza Leacey Elizabeth Rodd Charles Fluck and Frederick William Fluck in equal shares and proportions Whereas I some time since entered into an Agreement with one             Wilkes for the sale to him of a piece of Land or Ground now being the site of N^o 9 Grosvenor Terrace in Cheltenham aforesaid for the sum of Sixty pounds but I have not yet conveyed or otherwise assured the said piece of land or Ground in pursuance of such Agreement and the said purchase Money of Sixty pounds still remains due to me Now I do hereby give and bequeath the said purchase Money of Sixty pounds and also all interest which from time to time shall become due and payable in respect thereof unto my Trustees hereinafter named Upon trust to invest the same at interest in their Names or the Names or Name of the survivors or survivor of them on some good and sufficient security to be approved of by them and to stand possessed thereof Upon trust for my Grandson Charles son of my said Daughter Eliza Leacey to be paid to him on his attaining the age of twenty one years, but in case my said Grandson Charles Leacey shall not live to attain that age then I direct that the said Trust Fund and accumulations of Interest thereon shall be paid to and divided amongst and between all and every the Children and Child of my said daughter Eliza Leacey who shall live to attain the age of twenty one years but in case no Child of her the said Eliza Leacey shall live to attain that age I direct that the said Trust Fund and accumulations of Interest thereon shall sink into and form part of my Residuary Real and Personal estate and be paid and applied accordingly But in the event of the said sum of Sixty pounds being paid to me in my lifetime then I direct my said Trustees within three Months next after my decease to invest a like sum of sixty pounds out of my Residuary Real and Personal estate and to stand possessed thereof and the interest to arise and be received therefrom Upon the trusts hereinbefore declared for the benefit of my said Grandson Charles Leacey And to all the rest residue and remainder on my Real and Personal estate and effects of whatsoever nature and wheresoever situate with their and every of their rights members and appurtenances I give devise and bequeath the same unto an to the use of my said son Charles Fluck and my friends Samuel Healing of Tewkesbury in the County of Gloucester Mealman and George Mickelwright of Leckhampton in the same County Gentleman their heirs executors administrators or assigns respectively according to the nature and quality of the same Upon the trusts and for the purposes hereinafter expressed and declared concerning the same that is to say Upon trust hat they my said Trustees do and shall as soon as may conveniently may be after my decease sell and dispose of the same either by public Auction or private contract or both and either altogether or in separate lots or parcels and either at one and the same time or at different times as to them my said Trustees shall in their uncontrouled discretion think fit (but as to my Messuages and premises No^s 84½ and 85 High Street Cheltenham with the outbuildings Yard and appurtenances thereunto belonging and my Messuage and premises N^o 8 Cambray in Cheltenham aforesaid subject to the direction hereinafter contained) with full power for them my said trustees to buy in the same or any part thereof at any such Auction or sale and afterwards resell the same without being liable for any loss or diminution in price and do an shall on receipt of the purchase Monies convey and assure the same to the purchasers or purchaser thereof his her or their heirs and assigns or as he she or they shall direct And also do and shall as soon as may be after my decease sell and dispose of get in recover and receive and convert into Money all such parts of my personal estate as shall not consist of Money and shall stand possessed of the proceeds to arise and be received therefrom and also the proceeds of the sale of my other Real and Personal estate hereinbefore directed to be sold Upon trust after and subject to the payment of all my just debts funeral and testamentary expences and also of all expences attending the sale or sales of my said Residuary Real and Personal estate and the carrying into execution of all and singular the trusts and directions of this my Will and the payment of the legacies hereinbefore bequeathed to set apart the sum of Thirty pounds for each of the Children of my said Daughters Eliza Leacey (excepting the said Charles Leacey) and Elizabeth Rodd who shall be living at the time of my decease And I declare that my said trustees and the survivors or survivor of them do and shall stand possessed of the said several sums of thirty pounds for each of my said Grandchildren Upon trust to invest the same at interest on some good and sufficient security to be approved of by them or him and upon each of my said Grandchildren attaining his or her age of twenty one years to pay the said trust fund of Thirty pounds and the accumulations of interest thereon to him or her And I declare that in case either of my said grandchildren shall die under the age of twenty one years the trust fund so set apart and invested for him or her and the accumulations of interest thereon if any shall be divided amongst and paid to his or her Brothers or Sisters Brother or Sister who shall live to attain that age in equal shares and proportions But in case no Child of them the said Eliza Leacey and Elizabeth Rodd shall live to attain the age of twenty one years then I direct that the said several trust funds and the accumulations of interest thereon shall sink into and form part of my Residuary Real and Personal estate and shall go to and be applied accordingly And as to all the rest residue and remainder of the proceeds of the sale and conversion into Money of my said Residuary Real and Personal estate Upon trust as to one equal undivided fourth part or share thereof for my Daughter Eliza Leacey As to another one equal undivided fourth part or share thereof Upon trust for my Daughter Elizabeth Rodd As to another one equal undivided fourth part or share thereof Upon trust for my Son Charles Fluck and As to the remaining one equal undivided fourth part or share thereof Upon trust for my said Son Frederick William Fluck Provided always and I do hereby declare that the share of each of my said Daughters Eliza Leacey and Elizabeth Rodd of and in my said Residuary Real and Personal estate and also the legacies hereinbefore given to the said Elizabeth Rodd shall not be subject or liable to the Debts control intermeddling or engagements of any present or after taken Husband and that the respective Receipts of my said Daughters alone shall be a sufficient discharge for the same And I further declare and direct that before my said trustees proceed to the exercise of the direction to sell my said Real estate hereinbefoe4 contained, my said daughters Eliza Leacey and my said Son Frederick William Fluck shall have the option of purchasing between them my said Messuages and premises No^s 84½ and 85 High Street in Cheltenham aforesaid with the Yard Bakehouse Outbuildings and appurtenances thereto belonging and held therewith at the price or sum of One thousand six hundred pounds and that my said Daughter Elizabeth Rodd shall have the option of purchasing My said Messuage and premises N^o 8 Cambray in Cheltenham aforesaid and the appurtenances thereto belonging and held therewith at the price or sum of Seven hundred pounds provided that the said Eliza Leacey and Frederick William Fluck and the said Elizabeth Rodd respectively shall declare by notice in writing given to my said trustees or the survivors or survivor of them within three calendar months next after my decease their election and desire to become such purchasers or purchaser of the said premises at the prices or sums respectively above named and in the event of them not so declaring their election or desire in the manner and within the time hereinbefore mentioned then I direct my said trustees to sell and dispose of the said Messuages and premises respectively in like manner to that hereinbefore directed in reference to the other portion of my Real Estate And I do hereby declare and direct that the purchaser or purchasers of the whole or any part of my said Residuary Real and Personal estate shall not be liable to see the application of all or any part of his her or their purchase monies or be answerable or accountable for any mis-application or non-application thereof but that the receipt or receipts of my said Trustees or the Trustees or Trustee for the time being of this my Will shall be a good and sufficient discharge and discharges to any purchaser or purchasers for any sum or sums of Money which in such Receipt or Receipts shall be expressed or acknowledged to have been received And I declare that my said Trustees or the Trustees or Trustee for the time being of this my Will shall not be answerable the one for the other of them but each for his own neglects and defaults only And also that they my said Trustees or Trustee shall and may reimburse themselves and himself all Costs and expences whatsoever which they may pay be at or be put in or about the execution of the trusts of this my Will And I do hereby declare and direct that in case my said Trustees or either of them or any Trustee to be appointed as hereinafter mentioned shall die decline or become incapable to act in the execution of the trusts of this my Will before the same trusts shall be fully executed and performed then in either of such cases it shall and may be lawful for the surviving or continuing Trustees for the time being or the last acting trustee to appoint a Trustee or Trustees in the place of any Trustee or trustees dying declining or becoming incapable to act as aforesaid And that every trustee so appointed shall have and may exercise the same powers and authorities as if he had been originally appointed a Trustee by this my Will And I appoint the said Charles Fluck Samuel Healing and George Mickelwright Executors of this my Will And hereby revoking all former Wills by me at any time heretofore made I declare this only to be my last Will and Testament In Witness whereof I have hereunto set my hand this twelfth day of June in the year of our Lord One thousand eight hundred and fifty.

Signed by the said testator Charles Fluck as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our Names as Witnesses, the several interlineations and erasures against which our initials are placed having been first made

Probate granted at Gloucester 25^th October 1850 to Charles Fluck of Wottonunderedge in the County of Gloucester Grocer and George Mickelwright of Cheltenham in the same County Gentleman, power being reserved for the other Executor

Testator died 16^th October 1850

Sworn under £450