William Newman of Lassington, gentleman
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This is the last Will and testament of me William Newman of Lassington in the County of Glocester Gentleman made the second day of July in the year of our Lord 1810 First I give & bequeath unto my dear wife Sarah Newman all that Messuage & Farm called Podesmead with the Lands and Appurts thereunto belonging now in my own occupation To hold the same unto my said wife her Exors Admors & Assigns for all such Estate Term Right & Interest as I shall have therein at the time of my death as I may or can be entitled unto by renewal or otherwise Subject nevertheless to the payment of such Annual Rent as is payable out of that part thereof which I rent under Mr Hope & to the payment of an Annuity of one hundred & ten pounds granted to Mr George Phelps & Miriam his wife for their lives & for the life of the Survivor of them & which said Annuity is in part secured on a Moiety of the said Estate called Podesmead I also give & devise unto my said wife & her assigns unto my youngest Son David shall attain the age of twenty one years my Messuage Farm and Lands called Cumberwood with the Leasehold Heredits held therewith situate in the Parishes of Tirley & Chaceley in the Counties of Glocester & Worcester she supporting my said Son David during his minority & from & after my said Son David shall attain that age then I give & devise to my said wife for so long as she shall continue my widow and annuity or clear yearly Sum of One hundred pounds to be issuing & payable out of and from the said Messuage Farm & Lands called Cumberwood & to be paid by equal half yearly payments at Lady Day & Michaelmas the first payment thereof to be made on such of those days as shall first happen next after my said Son David shall have attained the age of twenty one years And I will and direct that my said wife or her assigns shall have the same power of distress on the said Estate called Cumberwood for recovery of the said Annuity in case the same shall at any time be in arrear as Landlords have for the Recovery of Rents in arrear I also give & bequeath unto my said wife all my household Goods Plate Linen China & Furniture of what nature kind or sort soever which I shall leave in & about my dwelling house at Lassington aforesaid and also all such Casks & Liquors as shall be in and about my said Farm at Lassington aforesaid at the time of my decease And I will & Direct that the provision hereinbefore made for my said wife shall be by her received & taken in full satisfaction for all dower & Freebench that she could or might have or claim out of any of my Freehold or Copyhold Estates. I give & devise unto my Son John & his assigns during his life a clear Annuity or Yearly Rent Charge of Seventy pounds and to my Son Samuel & his assigns during his life a clear Annuity or Yearly Rent Charge of Fifty pounds such Annuities or Rent Charges to be issuing & payable from all deductions out of & from my Messuage Farm & Lands at Brickhampton hereinafter devised to my Eldest Son William Ireland Newman by equal half yearly payments at Lady day & Michaelmas the first payment thereof to be made on such of those days as shall first happen after my decease & I will & direct that my said Sons John & Samuel respectively shall have the same power of distress on the said Messuage Farm & Lands for the recovery of the said respective Annuities or rent charges in case of their respectively being in arrear as Landlords have for the Recovery of Rents in arrear .I give to my Friends Samuel Jones of the City of Glocester Brushmaker & Thomas Dowle of Churcham in the County of Glocester Gentleman all that my Messuage Farm and Lands called Brickhampton in the parish of Churchdowne in the Cy of Glocester & all those Meses & Lands in Churchdowne aforesaid purchased by me of the Honble Mrs Craven & of Mr Fox & Robert Morris Esquire respectively and all the Tiths of those Lands which I have purchased of John Turner Esquire & all my Lands in the Parish of Downhatherley in the County of Gloucester with their & every of their appurts To hold unto them the said Samuel Jones & Thomas Dowle & their Heirs Subject to the payment of the two Annuities or Rent Charges hereinbefore given to my Sons John & Samuel & the powers for recovery of the same & subject to & charged with the payment of the Sum of For hundred pounds due on Mortgage and Bond to Mr Pettat which I direct shall be wholly discharged out of the said Brickhampton Estate in exoneration of my Personal Estate & subject also to the provision which I have made by way of Rent Charge thereon in favor of Margaret the wife of my said Son William Ireland Newman in case of her surviving him To the use of the said William Ireland Newman & his assigns for and during the term of his natural life & from & after the determination of that Estate by any means in his lifetime To the use of my said Trustees & their heirs during his life upon trust to preserve contingent Remainders but nevertheless to permit my Son William Ireland Newman & his assigns to take the Rents & profits thereof during the term of his natural life & from & immediately after his decease then to the use of all & every the Children of my said Son William Ireland Newman in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then To the use of all other Children whom I shall leave at my decease except my said Sons John & Samuel in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then to the use of my own right heirs for Ever. I also give & bequeath unto my said Son William Ireland Newman all my household Goods & Furniture Casks & Liquors which I shall leave on the said Estate hereinbefore devised to him at the time of my death I give & bequeath to the said Samuel Jones & Thomas Dowle my Messuage & Farm called Waltons Hill in the Parish of Deerhurst in the County of Glocester and all my Free Lands & Heredits occupied therewith situate in the Parishes of Deerhurst Elmstone Hardwicke & Lye in the County of Glocester and also my Lands in Artersfield & Birts Field & my Free Land in Witham in the Parish of Deerhurst aforesaid with all & singular the appurts or the allotment set out in lieu of these Lands under the Deerhurst Inclosure Act To hold the same unto them the said Samuel Jones & Thomas Dowle & their Heirs To the use of my Son Jeremiah & his assigns for and during the term of his natural life & from & after the determination of that Estate by any means in his life time To the use of my said Trustees & their Heirs during his life upon trust to preserve contingent Remainders but nevertheless to permit my said Son Jeremiah & his assigns to take the Rents & profits thereof during the term of his natural life & from & immediately after then to the use of all & every the Children of my said Son Jeremiah in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then To the use of all other Children whom I shall leave at my decease (except my said Sons John & Samuel) in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then to the use of my own right heirs for Ever. I also give & devise unto the said Samuel Jones & Thomas Dowle Subject to the Interest hereinbefore given to my wife therein & also to the Annuity hereinbefore charged thereon in her favour all that my Capital Messuage & Farm called Cumberwood with the Lands and heredits thereto belonging as well Leasehold as Freehold situate on the Parishes of Tirley & Chaceley aforesaid with their and every of their appurts To hold the same unto them the said Samuel Jones & Thomas Dowle Subject to the Yearly Rent Charge of one hundred pounds to my wife hereinbefore charged thereon & made payable thereout & to the powers for recovery of the same to the uses following (that is to say) to the use of my Son David & his assigns for & during the term of his natural life & from & after the determination of that Estate by any means in his lifetime To the use of my said Trustees & their heirs during his life upon trust to support contingent Remainders but nevertheless to permit my Son David & his assigns to take the Rents & profits thereof during the term of his natural life & from & immediately after his decease then to the use of all & every the Children of my said Son David in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then To the use of all other Children whom I shall leave at my decease (except my said Sons John & Samuel) in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then to the use of my own right heirs for Ever. I also give & devise unto the said Samuel Jones & Thomas Dowle all & singular the Freehold Messuages or Tenements Farm Lands & Heridits belonging to me situate in the Parish of Deerhurst in the said County of Glocester (except the Messuage & Lands called Walton Hill & the other Lands hereinbefore given & devised to my Son Jeremiah) and also all my Copyhold Estates within the same Parish To hold the same unto them the said Samuel Jones & Thomas Dowle & their Heirs to the uses & for the Interests & Purposes hereinafter expressed & declared of & concerning the same (that is to say) To the use of the said Samuel Jones & Thomas Dowle for the term of Five hundred Years to commence from the day of my decease upon the trusts hereinafter mentioned of & concerning the same & from & after the determination of the said term and Subject thereto then to the use of my Daur Mary Martha Dowle her Heirs & Assigns for Ever & I declare that the said Term of Five hundred years hereinbefore limited to the said Samuel Jones & Thomas Dowle their Exors Admors & Assigns is so limited to them upon the following Trusts that is to say upon trust that they the said Samuel Jones & Thomas Dowle or the Survivor of them or the Exors or Admors of the Survivor do and shall immediately after my decease by Mortgage of the said Messuage Lands & Heredits comprised in the said term or any part thereof for all or any part of the said Term levy & raise the Sum of Eight thousand pounds of lawful Money of Great Britain & apply & dispose thereof in aid of the Personal Estate hereinafter by me bequeathed to them towards the discharge of the debts which shall be owing from me at the time of my decease & for other purposes hereafter mentioned and upon this further Trust that when & as soon as the said Sum shall have been fully paid off & discharged together with all Interest thereof and all the Charges & Expences incident to the raising & paying the same then and from thenceforth the said term of Five hundred years of & in the said Heredits and premises shall cease determine & become absolutely void to all Intents & purposes whatsoever I give & devise unto the aforesaid Samuel Jones & Thomas Dowle all that my Messuage & Farm in the Parish of Churchdowne aforesaid called the Reddings with the Lands & Heredits thereto belonging & also the Tithes thereof To hold the same unto them the said Samuel Jones & Thomas Dowle to the uses (that is to say) To the use of my daur Elizabeth & her assigns for and during the term of her natural life & after the determination of that Estate by any means in her lifetime To the use of my said Trustees & their heirs during her life upon trust to support contingent Remainders but nevertheless to permit my daur Elizabeth & her assigns to take the Rents & profits thereof during the term of her natural life & immediately after her decease then to the use of all & every the Children of my said daur Elizabeth in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then To the use of all other Children whom I shall leave at my decease (except my said Sons John & Samuel) in equal shares & proportions as Tenants in common & the Heirs of their respective bodies & in default of such issue then to the use of my own right heirs for Ever. I give & devise unto the aforesaid Samuel Jones & Thomas Dowle all that my Messuage Farms Tenements Tithes & Heredits in the several Parishes of Cheltenham Boddington Staverton & Badgeworth in the County of Glocester & also the Estate purchased by me of Mr Morris but which has not yet been conveyed to me And all that Messuage or Tenement with the appurts situate in the Westgate Street in the City of Glocester now in the occupation of James Herbert as Tenant thereof & also all my Stables & other Buildings in Glocester To hold the same unto them the said Samuel Jones & Thomas Dowle their heirs and assigns upon trust that they the said Trustees or the Survivor of them or the heirs of such Survivor do & shall sell & dispose of all & singular the Messuages or Tenements Farms Lands Tithes & Heredits wither by public auction or by private contract to any person or persons for the best price or prices that can be reasonably had or procured for the same & stand possessed of the Meanes to arise from the Sale thereof upon the Trusts hereinafter declared concerning the same. I also give & bequeath unto the aforesaid Samuel Jones & Thomas Dowle all my Monies Securities for Money debts due & owing to me Farming Stock Implements of Husbandry growing crops & all other Goods Chattels Personal Estate & Effects whatsoever not hereinbefore specifically bequeathed upon trust that they my said Trustees or the Survivor of them or the heirs of such Survivor do & shall with all convenient speed call in all such Monies as shall be due & owing to me at the time of my decease & convert into Money all other my said Residuary Personal Estate & I do hereby declare my will to be that my said Trustees or trustee for the time being shall stand possessed of the whole produce of my said Residuary Personal Estate The Sum of Eight thousand Pounds hereinbefore directed to be raised out of my Estate at Deerhurst devised to my daur Mary Martha Dowle & also all the Monies to arise from the Sale of my said Messuages or Tenements Farms Lands Tithes & Heredits hereinbefore directed to be sold upon trust in the first place to discharge all the debts which shall be due & owing from me at the time of my decease as well by Mortgage as otherwise (except the Mortgage & Bond for Four thousand pounds owing to Mr Pettat which are hereinbefore directed to be paid out of my Estate at Brickhampton & my Funeral & Testamentary & to stand possessed of the Sum of Four thousand pounds part of the Residue of the said Monies In trust for my daur Anne & the Sum of Four thousand pounds other part thereof then in trust for my daur Edith and upon further Trust that they my said Trustees & the Survivor of them & the Exors or Admors of such Survivor do & shall stand possessed of all the Residue of the said Trust Monies & Effects In trust for my said daurs Elizabeth Anne and Edith in equal shares & proportions & I do hereby declare my will to be that the said several Legacies or Sums of Money hereinbefore by me given and bequeathed for my daurs respectively shall become vested in & payable to them respectively as to such of them as shall have attained the age of twenty one years or been married in my lifetime as soon as may be after my decease & as to such of them as shall not have attained such age or time when & as they shall respectively attain their respective ages of twenty one years or be married with consent of their Guardians or Guardian which shall first happen and I do hereby declare my further will to be that my Trustees & the Survivor of them his Exors or Admors shall set let & manage the Estates & receive & place out at Interest upon Government or real Securities all and singular the Legacies & Sums of Money hereinbefore by me provided for each of my said Children who shall be under the age of twenty one years at the time of my decease & apply the proceed arising from thence respectively in such manner for the Maintenance Education advancement & benefit of each such Child as they or he shall think expedient until such Child shall respectively attain the age of twenty one years or their Legacies shall become payable provided always that in case any or either of my said Children to whom pecuniary Legacies are hereinbefore given shall die before their respective Legacies shall become payable (without leaving Issue) then & in every such case I will & direct that the Legacies hereinbefore given to each such Child so dying shall together with all accumulations if any go and belong to all and every my surviving Children except my said Sons John & Samuel in equal proportions id more than one & if there be bot one such Child then to such only Child absolutely & I declare that such surviving or accruing shares shall be subject in all respects to the same Trusts & to the same benefit of Survivorship or accruer as the original property of each of my said Children is hereinbefore made Subject & liable to provided also & I do hereby declare my will to be that it shall be lawful for any of my Sons to whom Estates for life are hereinbefore limited in any of my Lands & Heredits & I doe hereby authorize & empower them respectively from time to time either before or after their respective Marriages by any deed or deeds Writing or Writings under their respective hands & Seals duly Executed by them in the presence of & attested by two or more credible witnesses to grant limit or appoint any Woman or Women when they shall respectively intend to marry or shall have married all & singular the Messuages Lands & Heredits whereof they shall respectively be Tenants for life by virtue of this my Will or any part or parts thereof for the life of such woman or women as a Jointure (any thing hereinbefore contained to the contrary notwithstanding provided also and my will is that it shall be lawful for each of my said Sons & my said daur Elizabeth when they shall respectively come into & be in the actual possession of any of my Messuages Lands Tenements & Heredits by Indenture under their respective hands & Seals to devise or lease the same or any part thereof to any person or persons whomsoever for any Term or Number of Years not exceeding twenty one years in possession & not in reversion so as upon every such lease there be reserved & made payable during the continuance thereof the best improved yearly rent that can be reasonably had for the same without taking any Sum or Sums of Money or other thing by way of a Fine or Income for or in respect of such Lease or Leases & so as none of such Leases be made dispunishable by waste or by any express words therein & so as in every such Lease or Leases there be contained a Clause of Recovery for Nonpayment of Rent or Rents to be thereby respectively reserved & so as the Leasee or Leasees to whom such leases shall be made Seal & deliver counterparts of such Lease or Leases provided always and I do hereby declare my will to be that the Receipt or Receipts of my said trustees or the Survivor of them or the Exors or Admors of such Survivor shall from time to time be good & effectual releases and Discharges to the respective persons to whom the same shall be given for all such Sum or Sums of Money for which such Receipt or Receipts shall be given & that after the Signing of such Receipts neither the purchasers of such Messuages or Tenements Farms lands & Heredits hereinbefore directed to be sold or of any part thereof nor any persons paying Money to my said Trustees or trustee for the time being upon the Trusts of the said Term of Five hundred years hereby created or upon any other of the trusts or purposes of this my will shall be bound to see to the application of such respective Monies or be answerable or accountable for the misapplication or nonapplication thereof and I do hereby declare my further will to be that my said Trustees or the Survivor of them his Exors or Admors shall be fully paid and reimbursed out of my said Trust Estate & Monies respectively all such Loss Costs Charges Damages or Expences as they or he shall expend or be put unto in the Exon of the respective Trusts of this my will & that they shall not be charged or chargeable with or accountable for any more Monies than they shall actually receive nor for any loss that may happen to the said trust premises unless such loss shall happen by their wilful neglect or defaults that neither of them shall be answerable for the Acts Receipts Neglects or Defaults of the other of them but each for his own Acts Receipts Neglects or Defaults only and I do hereby nominate the aforesaid Samuel Jones & Thomas Dowle Testamentary Guardians of all my Children during their respective Minorities and I appoint the said Samuel Jones & Thomas Dowle joint Exors In trust of this my will hereby revoking all former wills by me heretofore made In witness whereof I have to this my last Will & Testament contained in nine sheets of paper to the first eight sheets set my hand & to this the ninth and last sheet my hand & Seal the day and year first hereinbefore written W Newman Signed sealed published & declared by the Testator William Newman as & for his last Will & Testament in the presence of us who at his request in his presence & in the presence of each other have hereunto subscribed our Names as Witnesses the words second and duly in the third line of the first Sheet having been first written on Erasures Thos Smith Glocester - Thos Lewis of Lassington Butcher – Wm Mansell of Over Wheelwright
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Proved at London 3 August 1811
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