This is the Last Will and Testament of me Benjamin SAMWAYS of Hazelbury Bryan, in the County of Dorset, Yeoman as follows.
I give unto my dear wife Susannah, all my household goods and furniture, implements of household and household ----, utensils, plate, linen, china, glass and earthenware, wines and liquors of every description, wearing apparel, watches, jewels and ornaments of the person to and for her own absolute use and benefit and as tofor and concerning all my monies and securities for money and all other my personal Estate and effects whatsoever and wheresoever of what nature or kind soever of which I am now or of which I may die possessed of or entitled unto.
I give and bequeath the one and every part thereof unto my said wife Susannah and William Henry Clark of Cerne Abbas in the said County of Dorset, a clock and watch maker, their Executors, Administrators and assigns, upon trust that they or the survivors or survivor of them, his or her Executors or Administrators, do and shall within convenient time after my decease, convert into money such part or parts thereof as shall not consist of money and as to the monies arising thereby as also for all my ready monies upon trust, that they, she and he do and shall pay unto my said wife the sum of ten pounds.
And also my just debts, funeral and testamentary expenses and as to the residue and surplus thereof upon trust that they, she or he, do and shall pay out such residue or surplus at interest on government or real security and change, vary and transport such security when and as they shall deem fit and upon further trust that they, she or he do and shall pay and apply the dividends, interest and proceeds thereof, when and as they shall -- out and payable unto my said wife Susannah or her assigns, or permit her to receive the same for and during the term of her natural life and from and immediately after her decease, upon trust that the survivor of them or the Executors or Administrators of such survivor do and shall pay and apply the same in the following manner, that is to say.
Unto James, Mary, Benjamin and Ffrances, the four children of my late brother James SAMWAYS, the sum of twenty pounds each.
Unto the two children of my brother John SAMWAYS, the sum of ten pounds each.
Unto the two children of my brother Henry? the sum of ten pounds each.
Unto the three children of my brother William, the sum of ten pounds each.
Unto the six children of my brother George, the sum of ten pounds each.
Unto my sister Jane Palmer's two sons, the sum of ten pounds each.
Unto my brother William the sum of ten pounds.
Unto my brother George, the sum of twenty pounds, to whom I also give all my wearing apparel.
Unto my brother in law Thomas SHEPHERD and to his nephew Thomas, the sum of ten pounds each.
Unto Elizabeth SHEPHERD my wife's niece, the sum of one hundred pounds.
Unto Robert SHEPHERD my wife's nephew, the sum of forty pounds.
Unto Edward ELSWORTH, my wife's nephew, the sum of forty pounds.
Unto Susannah, the wife of the said William Henry CLARK, the sum of forty pounds.
And unto Eliza the wife of George UPSHALL, the sum of five pounds.
And I do hereby declare it to be my Will and intent that the above mentioned legacies shall invest in the above named Legatees immediately on my decease, although they are not payable until the decease of my said wife.
And as to all the rest, residue and remainder of the monies, personal Estate and effects after making provision for payment of the above named Legatees upon trust for my said wife Susannah, to and for her own absolute use and benefit.
And I do hereby direct that my said Trustees or Trustee for the time being, shall retain and re-imburse themselves, all such costs, charges and expenses as they, she or him shall incur or be put unto in the execution of the trusts of this my Will and that the -- shall not be answerable for the other but -- for herself or himself only, nor for any more monies than they, she or he shall actually survive nor for any less, that may happen to the said trust, monies, unless the same shall be occasioned by their gross or wilful default.
And I do hereby nominate and appoint my said wife Susannah and my friend William Henry Clark, Trustees and Executrix and Executor of this my Last Will and Testament, set and subscribed my hand and seal this sixth day of December one thousand eight hundred and thirty six.
Benjn SAMWAYS.
Signed, sealed, published and declared by Benjamin SAMWAYS, the Testator as and for this Last Will and Testament in the presence of us who at his request in his presence and in the presence of each other, have set our names as witnesses.
Tho DASHWOOD. John SWEATMAN.
To this my Last Will and Testament -- add this present Co-dicil revoking so much of my said Will as bequeathed the sum of ten pounds to Thomas, there called the nephew of my brother in law Thomas SHEPHERD, which sum of ten pounds, I hereby bequeath to Elizabeth SHEPHERD, my wife's niece in this stead.
In witness whereof I have hereto set my hand this thirteenth day of June 1837.
Benj SAMWAYS.
Witnesses to the above signature, Henry WALKER, Tho BIRCH.
Second Co-dicil
To this my Last Will and Testament and to the first Co-dicil thereunto appended, I now add this second Co-dicil desiring and authorising my sole surviving Executor, William Henry Clark of Cerne Abbas, to pay the sum of ten pounds (bequeathed in my said Will to Susannah, my wife now deceased) unto Elizabeth, wife of Benjamin UPSHALL instead of the said my late wife for the sole use of the said Elisabeth UPSHALL in such several portions as she shall desire.
In witness whereof, I have hereto set my hand this twentieth day of October 1837.
Benjn SAMWAYS.
Witnesses to the above signature.
Henry WALKER. Anna Maria CHESTER.
Third Co-dicil
To this my Last Will and Testament and to the two preceeding Co-dicils thereunto appended, I now add this third Co-dicil, desiring and authorising my sole surviving Executor, William Henry CLARKE of Cerne Abbas, to allow my niece Sarah SAMWAYS, to take and possess for her own use, the bed, bedstead and the furniture thereof on which I have been want to sleep, also the corner cupboard and three tables, being part of my household furniture, the former bequest thereof notwithstanding. Signed in the presence of the Testator, Benjamin SAMWAYS, this twentieth day of November 1838 and by his direction.
David UPSHALL witnessed and present when the Testator so directed.
Eliz WOLFE. Mary FOOT.
Fourth Co-dicil
To the Last Will and Testament of Benjamin SAMWAYS of Hazelbury Bryan in the County of Dorset, by which Co-dicil I the said Benjamin SAMWAYS do desire and authorize my sole surviving Executor William Henry CLARKE of Cerne Abbas, to pay to my niece Sarah SAMWAYS, such monies in the hands of the Reverend Henry WALKER as may be due to me at the time of my decease, after paying my just debts.
And I also desire the said William Henry CLARKE to allow my said niece Sarah SAMWAYS, to have and possess for her use my household --
Signed in the presence of the Testator Benjamin SAMWAYS by this direction, this twentieth day of November 1838 - David UPSHALL.
Witnesses to the said signature and present when the said Testator so directed.
Eliz. WOLFE. Mary FOOT.
In the goods of Benjamin SAMWAYS deceased, appeared personally Mary FOOT, wife of George FOOT of Hazelbury Bryan in the County of Dorset, Yeoman and made oath that she is one of the subscribed witnesses to the third and fourth Co-dicils to the Last Will and Testament of Benjamin SAMWAYS, late of Hazelbury Bryan in the County of Dorset, Yeoman deceased, bearing date respectively the twentieth day of November one thousand eight hundred and thirty eight and now hereunto annexed.
And she further made oath that on the twentieth day of November aforesaid, the said two Co-dicils were duly executed, the same being signed for the said deceased and in his presence and by his direction by David UPSHALL and acknowledged by the said deceased as Co-dicils to his said Will in the presence of this deponent and of Elizabeth WOLFE, the other subscribed witness thereto who was present at the same time and this deponent and the said Elizabeth WOLFE thereupon attested and subscribed the said Co-dicils in the presence of the said Testator.
Mary FOOT.
On the eleventh day of June 1839, the said Mary FOOT was duly sworn to the truth of this Affidavit.
Before me Henry WALKER Clk Minst of Haselbury Bryan.
Proved at London with four Co-dicils 26th July 1839, before the Judge by the oath of William Henry CLARK, the surviving Executor to whom Admon was granted, having been first sworn by Co-- duly to Administer. |