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Will of William CROSSWELL

Transcript of the Will of William CROSSWELL: written 24 December 1849, proved 25 September 1866

1866-5M62-8-707
This is the last Will and Testament of me William CROSSWELL of Upham in the County of Southampton Bricklayer. Whereby after payment of my just debts funeral and testamentary expenses I give devise and bequeath all my estates and effects whatsoever and wheresoever both real and personal which I may be possessed of or entitled to at the time of my decease unto my sons Robert CROSSWELL and William CROSSWELL. To hold the same real and personal estates and effects the said Robert CROSSWELL and William CROSSWELL their heirs executors administrators and assigns for ever according to the tenure and nature thereof respectively upon the trusts nevertheless and to and for the uses interests and purposes after mentioned (that is to say). Upon trust that they the said Robert CROSSWELL and William CROSSWELL or the survivor of them or the heirs executors or administrators or such survivor do and shall immediately after my decease pay to my dear wife Elizabeth CROSSWELL or permit her to receive or take the rents interest profits and proceeds of my said real and personal estates and effects for and during the term of her Widowhood but no longer for her own use and benefit. And from and after the decease or remarriage of my said wife whichever shall first happen. Then upon trust that they the said Robert CROSSWELL and William CROSSWELL and the survivor of them his heirs executors or administrators do and shall make sale and absolutely dispose of my said real and personal estates and effects of a saleable nature either by public auction or by private contract and either altogether or in lots or parcels with power to buy in the whole or any part or parts thereof at any auction or auctions and afterwards resell the same as aforesaid without being accountable for any loss or deficiency occasioned thereby. And do and shall stand possessed of and interested in the monies arising from such sale or sales and all other money that may come to their or his hands upon trust in the first place to pay all costs and expenses attending any such sale or sales or the carrying the trusts of this my Will into execution and after payment thereof to pay and divide the remainder of the said moneys in ten equal parts >>>


1866-5M62-8-708
>>> unto and equally between themselves my said two sons Robert and William and my eight other children namely Elizabeth (the wife of George STUBINGTON), Stephen, Samuel, Simon, Henry, Mary (the wife of Thomas CARTER of Twyford, Blacksmith), George and Joseph share and share alike as tenants in common and not as joint tenants. And if any or either of my said children shall die in my lifetime or before they shall become entitled as aforesaid without leaving lawful issue or leaving such and they shall die under twenty one years of age then I will and direct that the share or shares of my said child or children so dying whether original or accruing shall go and belong to the survivors of them and the issue of such of them as shall be dead leaving lawful issue in equal shares and proportions as aforesaid. And if any or either of my children so dying shall leave lawful issue then such issue shall take their deceased parents share or shares both original and accruing per stirpes and not per capita equally between themselves to be paid them at the respective ages of twenty one years and in the mean time to be invested for their benefit. And I direct that the receipt and receipts alone of my said daughters shall respectively notwithstanding their coverture be a good and sufficient discharge and good and sufficient discharges to the Trustees or Trustee for the time being of this my Will or other persons paying them their shares or any other moneys under the trusts aforesaid for as much as in any such receipt or receipts shall be expressed or acknowledged to be received. And I further direct that on any such sale or sales as aforesaid the receipt and receipts of my said Trustees or Trustee for the time being or the executors or administrators of the last surviving Trustee shall be a good and sufficient discharge or good and sufficient discharges to any purchaser or purchasers of my said real and personal estates and effects or any part or parts thereof for his her or their purchase money or so much thereof as in any such receipt or receipts shall be expressed or acknowledged to be received and such purchaser or purchasers shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such moneys so acknowledged to be received or be obliged or required to see to the application thereof or any part thereof Provided always and I do hereby direct that the Trustees or Trustee of this my Will for the time being and the executors or administrators of the last surviving Trustee shall be at liberty and have full power and authority to substitute or appoint at any time or times any other person or persons to be a Trustee or Trustees of this my Will in the room or stead of any other Trustee or Trustees deceased or desiring to be discharged or refusing declining or being unable to act and rest the said trust premises in such new Trustee or Trustees either alone or jointly with the then last surviving or continuing Trustee as the case may be and such new Trustee or Trustees shall thereupon be invested with the same powers and authorities in all respects as are hereby given to the Trustees hereby appointed as aforesaid. And any Trustee or Trustees shall not be answerable or accountable for the acts of the other or others of them or for any more money or effects than shall actually come to their respective hands or for involuntary losses. And the sad Trustees and every of them shall be at liberty to retain to and reimburse themselves and himself and their and his co-trustees and co-trustee all losses costs charges and expenses incurred or paid in carrying the trusts aforesaid into execution or in anywise relating thereto. And lastly I do hereby appoint my said sons Robert CROSSWELL and William CROSSWELL joint >>>


1866-5M62-8-709
>>> Executors of this my Will hereby revoking and making void all former Wills and testamentary papers by me at any time heretofore made or signed and do declare this only to be my last Will and testament. In Witness whereof I have hereunto set my hand and affixed my seal this twenty fourth day of December One thousand eight hundred and forty nine. WILLIAM CROSSWELL
Signed sealed and published by the said Testator William CROSSWELL in the presence of us who at the same time subscribed our names hereto in his presence. GEORGE HENRY HARES, WM ROBERTS, Bishops Waltham.


Proved at Winchester the twenty fifth day of September 1866 by the oath of William CROSSWELL the son the surviving Executor to whom administration was granted. The Testator William CROSSWELL was late of Upham in the County of Southampton Bricklayer and died on the seventeenth day of May 1866 at Upham aforesaid. Under £100.
B.B. HEWITT solicitor, Bishops Waltham

 


Transcribed from a copy (1866-5M62-8 p707-709) at the Hampshire Records Office

 
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