Will detail

Will of George Hounsom of Chichester

Date signed: 22 Sep 1838, Probate date: 24 May 1839

This is the Last Will and Testament Of me George Hounsom of the City of Chichester, Soap and Candle Manufacturer. I give and devise unto John Pratt the Elder of the said City, Chemist, John Smith of Ashling in the County of Sussex, Miller, and William Walburn of the said City, Grocer, and their heirs, executors and administrators all and singular the freehold, copyhold and leasehold hereditaments and premises which shall be belonging to me at the time of my demise with their respective appurtenances and all my Estate right and interest, with same respectively to hold unto the said John Pratt, John Smith and William Walburn their heirs executors and administrators and assigns, attending to the nature and quality of the same respectively But xxxxxxxxx upon the trusts hereinafter mentioned expressed and declared of and xxxxxxxx receiving the same [that is to say] upon trust that they the said John Pratt, John Smith and William Walburn or the survivors or survivor of them or xxxxxxxxx xxxxxxxxx any new trustee or trustees to be appointed under the proviso hereinafter for that purpose contained when and so soon after my decease or they or he shall think it fit and proper and beneficial so to do, to sell and dispose of the said several freehold, copyhold and leasehold hereditaments and premises so devised to them in trust as aforesaid or any part or parts of the same respectively either by public auction or private contract and in such lots or parcels as they may think fit for the most money or best price or prices that can or may be obtained for the some with full power and authority to buy in the same hereditaments and premises or any part thereof at any auction or auctions to be holden for the sale thereof and to sell the same at any future auction or auctions or by private contract without being responsible for any loss or diminution in value to be thereby incurred or sustained and for the promoting and facilitating such sale or sales. I do hereby declare that the receipt or receipts of the said John Pratt John Smith and William Walburn or the survivors or survivor of them or of any new trustee or trustees to be appointed as aforesaid shall be a good sufficient discharge and good and sufficient discharges to the purchaser or purchasers of said hereditaments and premises or any part thereof for so much money as in any such receipt or receipts shall be expected to be received and that such purchaser or purchasers any or either of them or his or their heirs executors or administrators after payment of his her or their purchase money and taking such receipt or receipts as aforesaid shall not after- wards be bound or obliged to set to the application thereof nor be answerable or accountable for any loss misapplication or nonapplication of the same or of any part or parts thereof and I hereby declare that my said trustees and the survivor and survivors of them or any more trustee or trustees to be appointed as aforesaid shall stand possessed of the monies to arise and be received by and from such sale or sales as aforesaid upon the trusts hereinafter mentioned expressed and declared of and receiv- ing the same also I give and devise unto the same John Pratt, John Smith and William Walburn their heirs executors and admons, all trust Estates vested in me and all Estates in Mortgage to cut at the time of my decease I give and bequeath unto my daughter Charlotte Love, Widow, now residing with me all and singular the household furniture, implements of household plate, Silver, Books, China Wines, Spirits, Coals and other household effects and fixtures which shall be in or about my dwelling house at the time of my decease, also I give and bequeath unto each of my daughters the said Charlotte Love and Elizabeth the wife of George Baker of Portsmouth in the County of Hants the sum of two hundred pounds and unto my nephew George Hounsom Harvey my gold watch chain [there is no comma between watch and chain, so he could have both watch and chain, or maybe just the chain!!!]and seals and unto each of the said John Pratt, John Smith and William Walburn the sum of five pounds all and singular the Rest Residue and Remainder of my personal Estate and effects including therein all monies due to me on Mortgage which shall be belonging to me at the time of my decease I give and bequeath unto the said John Pratt, John Smith, and William Walburn their executors and Administrators and I hereby declare that my said trustees shall stand possessed of the monies to arise or be made therefrom and also of the monies to arise by sale of my freehold, copyhold and leasehold Estates here before directed to be sold as aforesaid upon the trusts following that is to say upon trustee in the first place to pay satisfy and to discharge all my just debts funeral/funereal and testamentary expenses and the costs and charges after the ? carrying ? the trusts of this my will unto Executors and then to lay out and invest so much and such part thereof as will be sufficient to procure or purchase or raise the worthy sum or allowance of sixteen shillings a week during the natural life of my son George Hounsom and I direct that my said trustees shall stand possessors of the aforesaid weekly sum and pay and apply the same in manner hereinafter mentioned and then upon trust to divide the residue of such monies aforesaid into three equal parts or shares and to invest out of such parts or shares on government or other good securities and pay the interest and dividends arising therefrom unto my daughter Mary the wife of Richard Harvey of St George’s fields in County of Surrey publican, for her sole and separate use and benefit free from the debts control or engagement of her present or any future husband and I do declare that her receipt alone notwithstanding her present or any future contract shall be a good and effectual discharge to my said trustees for so much money as shall therein be expressed to be received and from and after the decease of my said last named daughter then to pay such one third part as aforesaid unto and among all and every the children of my said daughter as shall be living at the time of her decease in equal shares and proportions if more than one and if there shall be but one such child then the whole to such only child But in case any child of my said daughter shall have departed this life in the lifetime of his or her Mother leaving lawful issue such issue shall be entitled to and shall receive the share or portion his her or their parent so dying would last have been entitled to if he or she had been living at the time of the decease of his her or their said Mother and in case my said daughter last named shall depart this life without leaving any child or children living at the time of her decease or the issue of any child or children iving at the time of the decease of my said daughter then the aforesaid one third part or share shall be paid and divided into and among all and every the children of my said daughters Elizabeth Baker and Charlotte Love which shall be living at the time of the decease of my said daughter Mary and upon further trust to invest one other one third part or share in manner aforesaid and to pay the interest and dividends arising therefrom unto my said daughter Elizabeth the wife of the said George Baker for her sole and separate use and benefit free from the debts control or engagements of her present or any future husband and I do declare that her receipt alone notwithstanding her present or any future covertures shall be a good and effectual discharge to my said trustees for so much money as shall therewith expressed to be received and from and after the decease of my said last named daughter then to pay the interest xxxxxxxxx xxxxxxxxx and dividends on such last mentioned one third part as aforesaid unto the said George Baker during his life and from and after the decease of the survivor of them the said George Baker and Elizabeth his wife, then to pay such last mentioned one third part unto and among all and every the Children of my said last named daughter as shall be living at the time of her decease in equal shares and proportions if more than one and if there shall be but one such child then the whole to such only child But in case any child of my said last named daughter shall have departed this life within the lifetime of his or her Mother leaving lawful issue such issue shall be entitled to and shall receive the share or portion his or her or their parent so dying would have been entitled to if he or she had been living at the time of the decease of his her or their said Mother and in case my said last named daughter shall depart this life without leaving any child or children living at the time of her decease or the issue of any child or children living at the time of the decease of my said daughter then the aforesaid last mentioned one third part or share shall be paid and divided into and among all and every the Children of my said daughters Mary Harvey and Charlotte Love which shall be living at the time of the decease of my said daughter Elizabeth and upon further trust to invest the remaining one third part or share in manner aforesaid and to pay the interest and dividends arising therefrom unto my daughter Charlotte Love Widow for the sole and separate use and benefit free from the debts control or engagements of any future husband she may marry and I do declare that her receipt alone notwithstanding any future coverture shall be a good and effectual discharge to my said trustees for so much money as shall therein be expressed to be received and from and after the decease of my said last named daughter then to pay such out third part as aforesaid unto and among all and every the Children of my said last named daughter as shall be living at the time of her decease in equal shares and proportions if more than one and if there shall be but one such child then the whole to such only child, but in case any child of my said named daughter shall have departed this life in the lifetime of his or her Mother leaving lawful issue such issue shall be entitled to and shall receive the share or portion his her or their parent so dying would have been entitled to if he or she had been living at the time of her decease of his her or their said Mother and in case my said last named daughter shall depart this life without leaving any Child or children living at the time of her decease or the issue of any Child or Children living at the time of the decease of my said daughter then the aforesaid last mentioned one third part or share shall be paid and divided into and among all and every the Children of my said daughters Mary Harvey and Elizabeth Baker which shall be living at the time of the decease of my said daughter Charlotte and hereby declare that the several shares and proportions aforesaid to be divided and paid among the several persons to become entitled to receive the same shall be paid as and when they shall severally attain their respective ages of twenty one years being a son or sons being a daughter or daughters when they shall severally attain that age or day of marriage which shall first happen and in case all my said daughters shall depart this life without leaving any such Child or Children or the issue of any such Child or Children then to pay the said trust monies and every part thereof unto such person or persons as the survivor of my said daughters shall by any deed or writing or by the Last Will and testament direct or appoint or give the same which said deed or writing or Last Will and testament such surviving daughter notwithstanding any coverture is hereby authorised and empowered to make and execute and I declare that my said trustees shall stand possessed and pay and apply the aforesaid weekly sum of sixteen* shillings in manner following that is to say the sum of eleven shillings a week for the board and lodging of my said son George entirely at their discretion and in the manner they shall think best the sum of three shillings a week for the clothing of my said son at their like discretion and the remaining sum of two shillings a week to be paid to my said son for pocket money being the whole that my said son shall be entitled to demand and receive of my said trustees out of the weekly sum aforesaid the same to be paid weekly and every week and not by way of anticipation and into the proper hands of my said son and not into the hands of any other person. And I declare that the receipt only of my said son shall be a good discharge for the same and in case my said son shall mortgage forfeit encumber assign or make over the aforesaid weekly sum or any part thereof then the whole of the aforesaid weekly sum of sixteen shillings shall become forfeited and cease and the same shall fall into and become part of the residue of my Personal Estate and Effects and be applied accordingly and I hereby autho- rize and empower my said trustee or the survivor or survivors of them or any new trustee or trustees to be appointed as aforesaid to pay and apply any part of the presumptive share or proportion of any Child of my said daughters or other issue of any such Child and the interest and dividends to arise and become payable thereon in and towards his her or their maintenance or education or advancement in the world at the sole and entire discretion of my trustees for the time being and I hereby declare that it shall and may be lawful for my said trustees or the survivors or survivor of them or any new trustee or trustees to be appointed as aforesaid from time to time and at all times hereafter when and so often as they shall think it expedient or advisable so to do to sell transfer or dispose of or call in vary or alter all or any of the funds or securities whereupon the said trust monies or any part thereof shall or may at any time be laid out or invested and to lay out and invest the money to arise by any such sale or transfer disposition calling in varying or altering in or upon the life or other Government or other securities at the discretion of my said trustees and all such new stocks found or other securities as aforesaid and the dividends and interest to arise therefrom shall be applied and shall be applicable upon and for and subject to such and the same uses xxxxxxxx intents and purposes as the original funds and securities and the dividends interest and profits to arise therefrom were subject and liable to at the time of such sale transfer disposition calling in varying or altering thereof provided always and it is my Will that in case either of my said trustees herein named or any trustee or trustees to be appointed under the present provision in their or either of their places or xxxxxxx shall depart this life or be desirous of being discharged to from the aforesaid trust or shall visit abroad or shall neglect or refuse or become incapable or unfit to act in the trusts of this my Will before the same shall be fully executed and performed then and in either of such cases it shall and may be lawful to act for the other or surviving trustee for the time being or the last acting trustee or the executors or administrators of the last acting trustees of the trust Estate affairs xxx to nominate and appoint any other fit person or persons to supply the place of the trustee or trustees respectively so being desirous to be discharged or going abroad or refusing or neglecting or becoming incapable or unfit as aforesaid and that immediately after every such appointment all my said trust estates monies and promises shall be conveyed assigned and transferred so and in such manner as that the same may rest in such new trustee or trustees jointly or together with the surviving or continuing or acting trustee or trustees or solely as the case may require or in his or their heirs executors administrators or assigns upon the trusts aforesaid and every such new trustee shall have and may exercise the same powers privilege and authorities of selling discretion paying receiving investing maintenance and duration and of giving effectual receipts and discharges and all other powers and authorities whatsoever the same as if he had been originally nominated and appointed in and by this my Will and I hereby nominate constitute and appoint the said John Pratt the Elder John Smith and William Walburn executors or any or ether of them shall be charged and chargeable only for such monies as they shall respectively actually receive and that they shall or any one or more of them shall not be answerable or accountable the one or the other of them but care for his own acts receipts neglects and defaults only and that they any or other of them shall and may be from and out of the trust monies and premises aforesaid deduct and recall to themselves and allow each other all such costs charges and expenses as they any or other of them shall or may bear pay sustain expend or be put unto or about the executors of the trust of this my Will or in relation or incident thereto And lastly I do hereby revoke any former and other Wills by me heretofore made declaring this to be my last Will and testament in witness whereof I have hereunto subscribed or signed my name this twenty second day of September in the year of one thousand eight hundred and thirty eight --------- George Hounsom signed by the said George Hounsom the testator in the presence of us who in his presence have subscribed our names as witnesses hereto ---------- John Sherwood Chichester ----- Jas. White Clerk to Mr Sherwood.

Proved at London 24th May 1839 before the Judge by the authy. of John Smith and William Walburn two of the executors to whom Admon was granted having been first sworn by xxxxxxxxx duly to obtain John Pratt the Elder the other exor. and one of the Residuary legatees in trust named in the Will having xxxxxxxxx as well the Probate and Execution thereof as Letters of Admon with the same annexed of the goods of the said xxxxxxxxx as by act of Court appears.

Transcribed by:

Jill Floyd.

Notes about this will:

*2008 equivalent of £52 according to the retail Price Index and 2/- about £6.78

Source:

Unknown.

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