By the Permission of Almighty God, I William Maberly of Downend in the Parish of Mangotsfield in the County of Gloucester, Butcher, being of sound mind, memory and understanding, do make and ordain this my last Will and Testament in manner following (that is to say) First I will and direct that all such Debt as I shall justly owe at the time of my decease and my funeral expenses be in the first place paid by my Executors herein afternamed. Then I give and devise unto my son-in-law Paul Smith and Mary his Wife, All those two Dwelling houses situate lying & being on Mangotsfield Common now in the --------- possession of Robert Thomas & Abraham Amsbury as tenants at will thereof and all ------- ways ------- yards, gardens -----------------premises and appurtenances thereof belonging & appertaining too hold to them the said Paul Smith & Mary his wife and the Survivor of them & the right Heirs of such survivor forever. I also give and bequeath all the Household furniture bequeathed to me by my father, now being in the possession of my Mother at her Dwelling House at Mangotsfield unto my said son-in-law Paul Smith & Mary his Wife for their own use and disposal immediately after my said Mother's decease. Item I give and bequeath all my household furniture, plate, Linen and wearing apparel unto my beloved Wife Elizabeth for her sole use. Item I give devise & bequeath all the Residue and remainder of my Lands, Tenements ----------- and promised Estate and Effects both real and personal of which I shall be possessed or to which I shall be entitled at the time of my Decease, not hereinby specifically disposed of, unto my said Wife for her use & behalf during the term of her natural Life subject to the Discharge of my just Debts and funeral expenses. And from and after the Decease of my said Wife, I dispose thereof as follows (that is to say) I give devise & bequeath one fourth part thereof the whole (subject as aforesaid) into four equal parts to be divided) unto my Sons-in-law Daniel Wait and Martha his Wife to & for their use and both for & during their mutual Lives & the Life of the Survivor of them and from and after the decease of such Survivor then to & for the use of such of the children of my said Daughter, Martha as hereinafter mentioned and appointed (that is to say) in case my said Daughter should have only one Child then living, then to & for the use & behalf of such child & his or her Heirs forever. But in cASE my said Daughter should have more than one child then living, and the -------------- or my said Daughter's share & interest of in certain Lands and premises given & devised to & amongst my four Daughters, Martha, Elizabeth, Ann & Mary their Heirs & assignees after the Decease of me and my Wife, in and by the last Will and Testament of my late Brother-in-law, Edward Nicholls should do ----- to and such Child of my said Daughter to the Exclusion of the other or others, Then I will and direct that such Child or Children so excluded shall have the said one fourth part equally divided amongst them (if now th--- ------) to hold the them and their Heirs forever as Tenants in common: And in case of my said Daughters' Decease without Issue surviving Then I will and direct that the said one fourth part shall go to & be equally divided amongst the then surviving Children of my Daughters Elizabeth, Ann and Mary to hold to such of my said Daughters' children and their Heirs forever. Item I give and devise & bequeath one other fourth part of all & singular my Estate & Effects, above given devised and bequeathed unto my said Wife for her Life, unto my son-in-law Thomas Parker and Elizabeth his Wife to and for their use and behalf of during their natural Lives & the Life of the survivor of them, and from and after the Decease of such Survivor then to and for the use of behalf of such of the Children of my said Daughter Elizabeth as having after mentioned and appointed (that is to say) in case my said Daughter should have only one Child then living, then to & for the use & behalf of such Child & his or her Heirs forever. But in Case my said Daughter Elizabeth should have more than one Child then living, the ?Reversion of my said Daughter's share & Interest of in certain Land & premises given & devised to and amongst my four Daughters, as hereby aforementioned should descend to one such Child of my said Daughter Elizabeth to the exclusion of the other or others, then I will and direct that such Child or Children so excluded, shall have the said other one fourth part equally divided amongst them (if more than one) to hold to them and their Heirs forever as Tenants in common. And in Case of said Daughter Elizabeth's Decease without issue surviving then I will and direct that the said other one fourth part shall go to and be equally divided amongst the then surviving Children of my Daughters, Martha, Ann and Mary to hold to such of my said Daughters' Children and their Heirs forever. Item I give devise and bequeath one other fourth part of all & singular my Estate & Effects, above given unto my son-in-law Paul Smith & Mary his Wife to & for their use & behalf of during their natural Lives or the Life of the survivor of them, and from & after the decease of such survivor then to & for the use and behalf of such of the Children of my said Daughter Mary as hereinafter mentioned and appointed (that is to say) in Case my said Daughter Mary should have only one Child then living then to & for the use & behalf of such Child & his or her Heirs forever. But in Case my said Daughter should have more than one Child then living, & then the ?Reversion of my said Daughter's Share & Interest of & in certain Lands & promises given & devised to & amongst my four Daughters, as hereinbefore mentioned, should descent to one such Child of my said Daughter Mary, to the exclusion of the other or others of them, then I will & direct that such Child or Children, so excluded shall have the said other one fourth part equally divided amongst them (if more than one) to hold to them and their Heirs forever as Tenants in common. And in Case of my said Daughter Mary's Decease without issue surviving then I will & direct that the said other one fourth part for them appointed, shall go to & be equally divided amongst the then surviving Children of my Daughters Martha, Elizabeth and Ann, to hold to such of the Children of my said Daughters for their Heirs forever. Item I give devise & bequeath the other remaining fourth part of all and singular my Estate and Effects, above given devised and bequeathed unto my said Wife for her Life, unto such of the children of my Daughter Ann, as having aftermentioned and appointed (that is to say) in case only one of the children of my said Daughter Ann should be living at the time of my siad Wife's decease then to & for the use & behalf of such Child & his or her Heirs forever. But in case more than one of the Children of my said Daughter Ann should be living and the ?Reversion of my said Daughter Ann share & Interest of and in certain Land and promises given and devised to and amongst my four Daughters, as hereinbefore mentioned, should descent to one such Child of my said Daughter Ann to the exclusion of the other or others, then I will and direct that such Child or Children, so excluded, shall have the said remaining fourth part equally divided amongst them (in more than one) to hold to them and their Heirs forever as Tenants in common. And in case that neither of the Children of my Daughter Ann should be living at the time of said Wife's decease, then I will & direct that the said remaining fourth part for them appointed shall go to & be equally divided amongst the then surviving Children of my Daughters, Martha, Elizabeth and Mary to hold to such of the Children of my said Daughter and their Heirs forever. And I hereby constitute and appoint my said Wife and my three sons-in-law, Daniel Wait, Paul Smith and Thomas Parker jointly Executive & Executors of this my will revoking all former Wills by me made and do declare this only to be my last Will and Testament.. In Witness whereof I the said William Maberly the Testator have, to the five first sheets of this my last will & testament contained in six sheets of paper, not my hand, and to the last sheet hereof have put my Hand and Seal this nineteenth day of August in the year of our Lord One Thousand seven hundred and ninety nine.
William Maberly Signed, sealed, published and declared by the said William Maberly, the Testator, as his last will and testament etc. etc.
Jane Sutton William Drew Jn Lanaway
24th Day of Feb. 1814 Proved at Bristol before the Revd. Thos. Johner both certified by the Oaths of Daniel Wait and Thos Parker two of the Surviving Executors to whom ------- for Paul Smith the -------------???
Effects under £100 (Testator died 4th Sept 1813)
Submitter: Lesley Dawson
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