Will of William PRIVETT

This is the last Will and Testament of me William PRIVETT of Bishops Waltham in the County of Southampton Maltster. First I direct that all my just debts funeral and testamentary expenses be paid and discharged by me Executors hereinafter named as soon as conveniently may be after my decease. I give and bequeath unto my son Charles PRIVETT all my Brewing Utensils and also all the fixtures which may be in my brewery at the time of my decease for his own absolute use. I give and bequeath to my Son William PRIVETT the Legacy of One Hundred and twenty five pounds to be paid to him if and when he attains the age of twenty one years. I give and devise unto my friends Edward WYATT of the Parish of Bishops Waltham in the said County Yeoman and Frederick SAVAGE of the said place Grocer All my real estates

whatsoever and wheresoever and of what nature tenure or kind soever of which I may die [seised]. To hold the same with their respective appurtances unto them the Edward WYATT and Frederick SAVAGE their heirs and assigns upon trust when and as soon as they shall in their discretion think fit but not sooner or earlier to sell and actively dispose of my said real Estates either together or in Lots and either by public auction or by private contract as they in their discretion shall think most advantageous for the best price or prices in money that can be reasonably obtained for the same and with full power to buy in the same and afterwards to offer the same for sale anew either by public auction or by public contract without being answerable for any loss or diminution in the price or value thereof and upon payment of the purchase money for which the same real estates shall be respectively sold to convey surrender or otherwise assure the same to the purchaser or respective purchasers thereof his her or their heir's and assigns. And I declare that the receipt and receipts of them my said Trustees of the Survivor of them or of his heirs shall be a good and sufficient discharge and good and sufficient discharges to such Purchaser or Purchases for his her or their purchase moneys and that he she or they shall not be liable in any manner to see to the application thereof [or] be answerable for the misapplication or non application thereof. And I further declare that such purchase monies when received shall be considered as part of my personal estate and go and be paid and applied accordingly and that in the meantime ad until my said real estates shall be sold the rents and profits thereof shall be by them my said trustees and be paid and applied by them to or for the benefit of the same persons and in the same shares and proportions and in like manner as they would be entitled to the residue of my personal estate as hereinafter mentioned and unto all the residue of my personal Estate Goods Chattels and Effects whatsoever and wheresoever that I may die possessed of after the same shall have been converted into money which I hereby direct to be done by my Executors with all convenient speed after my Decease and also the aforesaid purchased monies from the sale of my said real Estates I give and bequeath the same in manner following (that is to say): One undivided third part thereof I give unto my said Son Charles PRIVETT one other undivided third part thereof I give unto my said Son William PRIVETT one undivided Sixth part thereof I give unto my daughter Mary Ann CROSSWELL and one undivided Sixth part thereof I give unto Ann PRIVETT the Daughter of my said Daughter Mary Ann CROSSWELL to be paid to her on her attaining the age of twenty one years but if she should die under that age without leaving lawful issue then I give such last mentioned Sixth part unto her mother the said Mary Ann CROSSWELL

Provided always And I do hereby declare that it shall be lawful for the Trustee or Trustees for the time being of this my will to lay out and invest the said Legacy and third part of my said Son William PRIVETT and also the said sixth part of the said Ann PRIVETT in the Parliamentary Stocks or Public funds of Great Britain or upon real securities in England until the said William PRIVETT and Ann PRIVETT shall respectively attain the age of twenty one years and do and shall pay and apply the dividends and interest arising from such Legacy and parts respectively in or towards the respective maintenance and education or otherwise for the benefit of them my said Son William PRIVETT and the said Ann PRIVETT respectively until they shall respectively attain the age of twenty one years. And I hereby give the trustees or trustee for the time being of this my Will full power from time to time to call in the monies so to be invested are again to reinvest the same upon Securities of a like nature and I declare that their respective receipts shall be sufficient discharges for all monies paid to them respectively under or by virtue of this my Will. And I do hereby appoint them the said Edward WYATT and Frederick SAVAGE Trustees and Executors of this my last Will and Testament. Provided always And I do hereby declare that in case my said Trustees or either of them or any future Trustee or Trustees to be appointed by virtue of this provision should die or be desirous of being discharged from or should decline or become incapable to act in the execution of the trusts of this my Will before the same shall be fully performed then and in that case and as often as the same shall happen it shall be lawful for the surviving or continuing Trustee or the Executors or administrators of the last surviving Trustee to nominate and appoint any fit person or persons to supply the place of Trustee or Trustees so dying desiring to be discharged or declining or becoming incapable to act And that immediately after every such appointment the trust estates monies and effects which shall then be subject to the trusts aforesaid shall be conveyed surrendered assigned and transferred so and no such manner that the same may rest in such new Trustee jointly with the surviving or continuing Trustee or in such new Trustees solely as the Case may require and in his her or their heirs executors administers and assigns upon the trusts herein before aforesaid and declared of and conserving the same or such of them as may be then subsisting. Provided also And I do hereby declare that the Trustees or Trustee for the time being of this my will shall be chargeable only with such monies as they or he shall respectively actually receive and shall not be answerable the one for the other of them nor for any

involuntary losses which may happen to the said trust estate and that they may reimburse themselves and himself out of the said trust funds all costs charges and expenses to be incurred in the execution of aforesaid trusts. And I hereby revoke all former wills and codicils by me made. In testimony whereof I the said William PRIVETT the testator have to this my last will and testament contained in three sheets of paper set my hand the twenty eighth day of July in the year of our Lord One thousand eight Hundred and fifty five - William PRIVETT

Signed published and declared by the above named William PRIVETT the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses (the word 'Son' in the second sheet having been first underlined)
Harriott SAVAGE - Bishops Waltham L H ROBERTS, Bishops Waltham

(On the eighth day of October1858 the will of William PRIVETT late of Bishops Waltham in the County of Southampton Maltster deceased was proved by the Oaths of Edward WYATT of Bishops Waltham aforesaid Yeoman and Frederick SAVAGE of the same place Grocer the Executors named in the said will having been first sworn duly to administer. Effects under £1,000)
Probate extracted by C J GUNNER, Bishops Waltham.