This is the last Will and Testament of me Thomas Parker of the parish of Stapleton in the County of Gloucester Butcher. I give devise and bequeath all and singular my freehold and Leasehold messuages, Lands Tenements and hereditaments whatsoever either in possession reversion remainder or expectancy and either at Law or in Equity with their and every of their rights members and appurtenances (excepting my Interest in and share of the Lease of the Tythes of Stapleton aforesaid held under Sir John Smythe Baronet and my interest in a stone quarry at Broomhill held under the Duke of Beaufort unto and to the use of my Son William and my Grandson Thomas Parker Son of the said William Parker their Heirs Executors Administrators and assigns according to the respective natures thereof upon and for the trusts ends intents and purposes hereinafter expressed declared or directed of and concerning the same (that is to say) Upon trust that they the said William Parker and Thomas Parker and the survivor of them and the Heirs Executors Administrators and Assigns of such survivor do and shall permit and suffer my wife Elizabeth Parker and her assigns to use occupy and enjoy and to receive and take the rents Issues and profits of my said Freehold and Leasehold Hereditaments and premises (except as aforesaid) for and during the term of her natural Life if she shall do long remain my widow and unmarried for her and their own absolute use and benefit she my said wife repairing and keeping in repair the said Hereditaments and premises during her said Estate and Interest therein and leaving the same in good and sufficient repair at the expiration thereof And immediately from one year after the decease of my said wife or on her marrying again after my decease which ever situate first happen Then in case my said son William Parker shall be then living Upon Trust for him my said son William Parker his Heirs Executors Administrators and assigns according to the respective natures thereof for his and their own absolute use benefit and disposal But in case my said son William Parker shall not then be living then Upon Trust for all and every the children of my said Son William Parker now born or hereafter to be born (including my said Grandson Thomas Parker) who shall attain and as they shall respectively attain their respective ages of twenty one years or die under that age leaving Issue of their respective bodies lawfully begotten and their respective Heirs Executors Administrators and assigns according to the respective natures thereof equally to be divided between them share and share alike as Tenants in common And in the mean time to apply the rents and profits thereof for their respective maintenance and support. And I give and bequeath unto my said wife for her own absolute use and benefit all and singular my Household Goods and Furniture Plate Linen and ? And I give and bequeath unto my said Wife and her assigns for and during the term of her natural Life one clean annuity or yearly sum of five pounds of lawful money of Great Britain to be paid to her and then by two equal half yearly payments out of my residual personal Estate. And my will is and I hereby direct that my said son William Parker shall within two Calendar months next after my decease and demand thereof made by my said Wife execute and give to my said Wife his bond or obligation in writing in the penalty of two hundred pounds for securing the due and regular payment of the said annuity or yearly sum. And if my said son William Parker shall neglect or refuse so to do within the time aforesaid my will is that the several devises and bequests in this my Will contained to him and for his benefit shall immediately cease and be void to all intents and purposes whatsoever. And I give and bequeath unto my said Grandson Thomas Parker his Executors Administrators Assigns for his own absolute use and benefit All my Interests in and share of the Lease of the Tythes of Stapleton and aforesaid held under the said Sir John Smyth and my Interest in a stone quarry at Broomhill held under the Duke of Beaufort. And I give and bequeath unto my said Grandson Thomas Parker for his own and absolute use the sum of Thirty pounds of lawful money aforesaid and such one of my Houses and Carts as he may chose. And I give and bequeath unto my niece Martha Wait for her own absolute use the sum of ten pounds of like lawful money the said legacy or sum of thirty pounds to be retained and paid within twelve months next after my decease without Interest in the mean time. And the said Legacy or sum of ten pounds to be paid within eighteen calendar months next after my decease also without Interest in the mean time. And I give and bequeath unto the said William Parker and Thomas Parker their Executors Administrators and Assigns two several sums of Fifty pounds and twenty pounds of lawful money aforesaid. Upon Trust that they the said William Parker and Thomas Parker and the survivor of them and the Executors Administrators and Assigns of such survivor do and shall in the mean time and until the same respectively shall become payable layout and invest the same in their or his names or name at Interest on real security in England. And do and shall stand and be possessed of the said sum of fifty pounds and the security for the same. In Trust for my grand daughter Mary Parker her Executors Administrators and Assigns when and as soon as she shall attain her age of twenty-five years for her and their own absolute use. And in the mean time do and shall pay and apply the Interest thereof (such interest to be calculated from the expiration of one years next after my decease) for her benefit. And do and shall stand and be possessed of the said sum of twenty pounds and the security for the same. In trust for my Grandson George Parker his Executors Administrators and Assigns when and as soon as he shall attain he age of twenty-five years and in the mean time do and shall ? and apply the Interest thereof (such Interest to be also calculated from the expiration of one year next after my decease) for his benefit. And in case my said Grandchildren Mary Parker and George Parker or either of them shall happen to die before their respective ages of twenty-five years and without Issue then my Will is that the said Legacies of fifty pounds and twenty pounds or the Legacy of such one of them as shall so die without Issue as aforesaid shall fall into and form part of my residuary personal Estate hereinafter disposed of. And I give and bequeath unto my said Son William Parker for his own absolute use and benefit all my live and dead farming, quarrying and other Stocks with all Implements used in or belonging to my several businesses of a Butcher Farmer and Quarryman of every sort and description which I may be possessed of at the time of my decease. And all my ready money and all such sums of money as shall be due and owing to me at the time of my decease. And all and singular my Goods and Chattels and other personal Estate and effect whatsoever and wheresoever not hereinbefore by me otherwise disposed of except the silver Tankard after mentioned subject nevertheless to the payment of all the just debt which shall be due and owning by me at the time of my decease and my funeral and testamentary charges and expenses and the several Legacies by me bequeathed as aforesaid. Any my will is and I hereby declare and direct that they the said William Parker and Thomas Parker do and shall jointly carry on and conduct all the trades or businesses in which I am now engaged for the space of twelve calendar months next after my decease. And that the clear profits to ? there from during that period shall be divided between them the said William Parker and Thomas Parker in equal shares and proportions for their respective benefits. And I hereby direct that the said Thomas Parker shall after the expiration of such twelve calendar months succeed solely to my said Trade or business of a Butcher. And that the said William Parker shall at the same time succeed solely to all my other trade or businesses nevertheless my will is that all the live and dead Stock Implements and other effect which at the expiration of such twelve calendar months shall be in or belong to my said several Trade or businesses all or any of them shall be for the sole benefit of the said William Parker in exclusion of the said Thomas Parker. And I hereby give my said Silver Tankard to the said William Parker for his use during his Life and after his decease I give the same to the said Thomas Parker as his absolute property. Any my will is and I hereby declare and direct that every receipt in writing which shall be given by the Trustees or Trustee for the time being of this my will for all or any part of the monies which they or he shall from time to time receive under or by virtue of the trusts of this my Will whether the same shall arise from conversion into money of my personal Estate or any part or parts thereof respectively or from altering or transferring all or any of the securities to be acquired under or by virtue of the Trusts of this my Will or otherwise howsoever shall be a good and effectual discharge to the person or persons paying in or discharging all or any of the said Trust monies and Securities for so much and such parts thereof as in and by every such receipt respectively shall be acknowledged or expressed to be or to have been received. And that the person or persons respectively paying in or discharging all or any of the said Trust monies or Securities his heir or their Heirs Executors Administrators or assigns shall not be obliged or required to see to the application of the money to be paid by him her or them respectively or be answerable to accountable for the misapplication of nonapplication of the same money or of any part thereof after the same shall have been paid to or to the order or under the direction of the Trustees or Trustee for the time being of this my Will. Provided always and my will is and I hereby disclose and direct that on the death or refusal or incapacity to act of each or either of them the said William Parker and Thomas Parker or of any Trustee or Trustee to be from time to time appointed in his or their ? it shall and may be lawful to and for my said wife during her life of she shall so long remain my widow and unmarried and after he decease or marriage again after my death whichever shall first happen then to and for the acting Trustees or Trustee for the time being of this my will or the Heirs Executors or Administrators of the last acting Trustee of this my will to appoint a new Trustee in the Head of each such Trustee as shall die refuse or become incapable to act thereupon the said Trust Estates Monies Hereditaments and premises shall be conveyed and assigned respectively to the Trustees for the time being upon the same Trusts and they shall have the same powers and authorities as if they had been appointed by this my will. And that more of the Trustees hereby appointed and from time to time to be appointed by virtue of the provision last hereinbefore contained shall be answerable for the other or others of them or the Acts, Deeds or Defaults of the other or others of them or for involuntary losses or money received under Receipts in which they shall join for conformity only and that the said Trustees hereby appointed and charges and Expenses to be incurred in or about the Executor of the Trusts hereinbefore declared or in relation thereto. And Lastly I hereby nominate constitute and appoint the said William Parker and Thomas Parker Executors of this my last Will and Testament. And hereby revoke any former and other Wills and Testaments made by me at any time or times heretofore do declare that this writing alone contains the whole of my last Will and testament. In Testimony whereof I the said Thomas Parker have to this my last Will and Testament contained in five sheets of paper affixed together to the first four sheets set my hand and to this fifth and last sheet my hand and seal this thirtieth day of March in the year of Our Lord one thousand eight hundred and forty.
Signed sealed published and declared by the said Thomas Parker as and for his last Will and Testament in the presence of us who were both present with the said Thomas Parker at the time of such execution and who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereof: Samuel Barker Grocer Fishponds Rich Hagnes Solts. Downend, Nr. Bristol.
On the 3rd day of October 1840 William Parker and Thomas Parker the Executors of 'this Will' named were duly sworn to the truth and due performance thereof as usual that all and singular the personal Estate and Effects of the said deceased do not amount in value to the Sum of Three hundred pounds and that the Testator died on or about the Tenth day of April 1840
Before me John Jos: Goodenough Surrogater
Proved at Bristol 3rd day of October 1840 Before the Revd John Joseph Goodenough D.D. and Surrogate by the Oaths of William Parker and Thomas Parker the Executors to whom Administration was granted they having been first sworn duly to admonish.
In the Episcopal Consistory Court of Bristol Appeared personally Richard Haynes of Downend in the Parish of Mangotsfield in the County of Gloucester, Gentleman and being sworn upon the Holy Evangelists alledged and made Oath that he is one of the subscribing Witnesses to the last Will and Testament of Thomas Parker late of the Parish of Stapleton in the said County of Gloucester and Diocese of Gloucester and Bristol Butcher contained in first sheet of paper and now hereto annexed and that the interlineation of the words "my Interest in a Stone Quarry at Broomhill held under the Duke of Beaufort" between the sixth and seventh lines of the first side of the Testators Will also the interlineation of the words "and my Interest in a Stone Quarry at Broom hill held under the Duke of Beaufort" between the eleventh and twelfth lines of the second side also the interlineation of the words "except the Silver Tankard after mentioned" and "also the interlineation of the words "and I hereby give my said Silver Tankard to the said William Parker for his use during his life and after his decease I give the same to the said Thomas Parker "as his absolute property" on the third side thereof were severally interlined before the said Testator executed his said Will in the presence of Samuel Barker of the Fishponds Grocer and of this Deframent the subscribing witness thereto and that the said Will is now in the same plight and condition as it was when the said Testator executed the same. Richard Haynes
Thirtieth day of October 1840 Sworn before me Geo: A. Barrow Surrogate
Submitter: Lesley Dawson
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