Will and Probate of George Parsons of Charlton Horethorne, 1845

 
I George Parsons of Charlton Horethorne in the County of Somerset Yeoman declare this to be my last will and testament I give and devise unto my son John Parsons and my brother in law David Powell their heirs and assigns all that my freehold estate at West Stower in the County of Dorset consisting of a cottage and garden and three fields containing together by estimation twenty four acres or thereabouts and now in the occupation of my said son John Parsons Upon trust that they the said John Parsons and David Powell and the survivor of them and the heirs and assigns of the survivor to pay the rents and profits thereof unto my wife Jane Parsons during her life and after her decease I direct my said trustees or trustee for the time being to procure a valuation of the said estate to be made by some competent surveyor And I direct that the said estate shall be offered to my son Henry Parsons at such valuation and in case my said son Henry shall decline to purchase the same at such valuation or in case he shall not then be living I direct that the said estate shall be offered at the same valuation to my son Uriah when he shall have attained the age of twenty one years And if he shall likewise decline to purchase or shall not be then living I direct that the same shall be offered at the same valuation to my son William when he shall have attained the said age of twenty one years and in case all my said three sons shall decline to purchase my said freehold estate at such valuation or in case none of them shall be living at the decease of my said wife Then I direct my said trustees or trustee for the time being to sell and dispose thereof either by public auction or private contract for such price or prices and in one or more lot or lots as may seem to them advisable and to make do and execute all necessary acts and deeds for conveying and assuring the said premises to the purchaser or purchasers thereof And I declare that the receipts of my said trustees or trustee for the time being shall effectually discharge the said purchaser or purchasers from all liability or responsibility on account of the monies therein mentioned to be received And that they or he shall not be bound to enquire whether the previous valuation and offers to my said three sons had been duly made And I direct that my said trustees or trustee for the time being shall stand possessed of the money to arise from any such sale or sales as aforesaid Upon trust after payment of the expenses thereof and incidental thereto to pay and divide the same unto and equally between all or such of my said three sons Henry Uriah and William as shall be living at the decease of my said wife or as may have died leaving lawful issue then living such issue if any to take their parents share and if more than one as tenants in common Provided that there shall be but one of my said three sons then living or who may have died leaving lawful issue then living in such case I direct that a moiety only of the said trust monies shall be payable to him or his issue and the other moiety shall be divided and paid unto and equally amongst all my other children at their respective ages of twenty one years and in case of the death of either of my said other children under the said age but leaving lawful issue then I direct that the share of him her or them so dying shall be paid unto and be equally divided amongst his her or their issue but if there shall be no such issue then I direct that the share of him her or them so dying shall be paid unto and be equally divided amongst such of my said other children who shall attain the said age of twenty one years or his her or their executors administrators or assigns And if none of my three sons shall be living at the decease of my said wife or have left lawful issue then living I direct that the whole of the said trust monies shall go amongst the others of my said children in like manner as the shares hereinafter provided for them And I give and bequeath unto my said sons John and Henry Parsons All my Personal Estate debts chattels and effects whatsoever and wheresoever upon trust that they and the survivor of them and the executors administrators and assigns of the survivor do as soon as conveniently may be after my decease call in and convert the same into money and after payment thereout of my debts and funeral and testamentary expenses do lay out and invest one moiety of the residue in their or his names or name at interest upon government or real security in England or Wales with power from time to time to vary and transfer the same into other securities of a like nature and do pay the dividends interest and annual produce thereof unto my said wife during her life she maintaining thereout my younger sons Uriah and William until they shall have attained the age of twenty one years And after the decease of my said wife do pay and divide the said moiety of the said residue unto and equally between all and every my children George, John, Charles, Jane the wife of John Hole, Henry, Uriah and William when and so soon as the youngest of my said children shall have attained the age of twenty one years And in the meantime to pay and divide the dividends and interest of their said respective shares unto and equally amongst my said children or apply or accumulate the interest of the shares of those who shall be under the said age for their maintenance or benefit Provided that in case any or either of my said children shall die under the said age of twenty one years leaving lawful issue then I direct that the share or shares of such of them so dying shall go to their issue respectively and if more than one as tenants in common Provided also that if any or either of them shall die under the said age without leaving lawful issue then I direct that the share or shares as well as assuming of him, her or them so dying shall go to the survivors or survivor of my said children in like manner as their original shares And if more than one equally between them as tenants in common Provided nevertheless and my will is with respect to such of my said children who shall have attained the age of twenty one years and who may die before the time of division arrives that they shall take a vested interest in the said last mentioned trust monies not withstanding that the time of payment is deferred And as to the other moiety of the residue of my said personal estate and effects I direct my said trustees and trustee for the time being to lay out and invest the same in manner aforesaid in case my youngest child shall not have attained the age of twenty one years also when and as soon as my youngest child shall have attained the age of twenty one years to pay and divide the same unto and equally between my said children and in the meantime to pay and divide or accumulate the dividends and interest of their shares in like manner in all respects and subject to the like provisos as are hereinbefore declared concerning the first mentioned moiety of the said residue after the decease of my said wife Provided always and I hereby direct that on the division of the last mentioned moiety my said trustees or trustee for the time being shall take into account any advancements of money stock in trade or goods made by me to any of my said children in my lifetime and abate or deduct the same or the value thereof out of the share to which he or she shall be entitled under this my Will also that for the purpose of ascertaining amounts or value of any such advancements any sufficient account or valuation left by me shall be conclusive evidence thereof But in the event of my not leaving any account or an imperfect one I direct that the said amounts or value shall be ascertained and fixed by the said trustees or trustee for the time being of my said personal estate whose decision I hereby declare shall be final and conclusive Provided further and I hereby declare that it shall be lawful for my said trustees or trustee for the time being if they or he shall think proper to advance out of the said trust monies unto any of my said children such proportion of his or her expectant share thereof as they or he shall think proper for his or her advancement or preferment in the world notwithstanding such child may not at the time have acquired a vested interest in the said trust monies and notwithstanding the time of payment of the said shares may not have arrived also further that during such time as my said freehold estate shall remain unsold after the decease of my said wife the trustees or trustee for the time being shall pay and apply or accumulate the rents and profits thereof unto or for the benefit of my said children who shall for the time being be entitled to the purchase monies in case the same were sold in the same proportions as are herein declared in ..... to the said purchase monies or as near thereto as circumstances will permit And I hereby appoint my said wife and my said sons John and Henry and also my said sons Uriah and William when and as they shall respectively attain the age of twenty one years Executors of this my will Provided that until they attain the said age the others shall have full power to act without them And I hereby declare that each of my said trustees and executors shall be responsible for his own acts and receipts only and not the one for the other or others of them or for any involuntary losses which may happen in the execution of the said trusts And that they may respectively reimburse themselves and allow to each other all reasonable costs and expenses incurred therein And lastly that so often as any trustee or trustees herein named or to be appointed under this power shall die or desire to be discharged or become unable to act it shall be lawful for the trustees or trustee for the time being incompetent to act whether desirous of being discharged or not or if there shall be no such trustee then for my executors or administrators for the time being to appoint a fit person or persons to succeed to the office of the deceased retiring or incapacitated trustee or trustees and by force of every such appointment as aforesaid all the authorities and discretions given or expressed to be given to the deceased refusing incapacitated or discharged trustee shall be conferred upon the appointed trustee or trustees in whom either alone or as the case may be jointly with the surviving or continuing trustee or trustees my trust property shall vest or by proper assurances be vested In witness whereof I have to the first three sheets of this my will (the same being contained in four sheets of paper) set my hand and to this fourth and last sheet my hand and seal the twenty fifth day of January one thousand eight hundred and forty three George Parsons Signed sealed and declared by the above named George Parsons the testator as and for his last will and testament in the presence of us present together at the same time who in his presence and in the presence of each other have subscribed our names as witnesses thereto Edwd Yalden Cooper Sols Wincanton Jane Phelps servant to the above


Proved at London 19th May 1845 before the worshipful Joseph Phillimore a doctor of Laws and Surrogate by the oaths of Jane Parsons widow the relict and Henry Parsons the son two of the executors to whom Admin was granted having been first sworn duly to administer Power reserved of making the like grant to John Parsons and Uriah Parsons (he having attained the age of twenty one years) the sons also two other of the executors and also to William Parsons a minor this ..... (when he shall attain the age of twenty one years) the other executor named in the said will when they shall apply for the same.
 

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