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 |