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Will (1831) and Probate (1832) of Thomas Midwinter of Ascott, Warwickshire - TNA PROB 11/1804/222

Privacy Level: Open (White)
Date: 30 Nov 1831 to 6 Aug 1832
Location: Ascott, Warwickshire, England, United Kingdommap
Surnames/tags: midwinter huckvale
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PROB 11/1804/222; The National Archives (UK), Kew, London

Transcribed by Nicholas Adams

Contents

Will

This is the Last Will and Testament of
me Thomas Midwinter of Ascott in Whichford in the County of Warwick Farmer. I give
to my Wife Sarah Midwinter Our Annuity of ten pounds to be paid to her half
yearly and to be computed from the day of my decease. I charge the Estate and Effects
which I shall bie possessed of with the payment of my debts funeral and testamentary
Expences and the aforesaid Annuity I give to my Brother William Midwinter of Prestbury
in the County of Gloucester of Gloucester (sic) Miller and my Brother in law Samuel
Huckvale
late of the Glyme Farm in the parish of Chipping Norton in the County of
Oxford their Executors Administrators and Assigns All the Estate and Effects I shall be possessed
of upon the trust following ./that is to say/. to pay to my wife the aforesaid annuity
and then out of the annual profits of my said Estate and effects to maintain and educate all my
children which shall be living at the time of my decease or born afterwards until the youngest
thereof shall have attained the age of twenty one years and immediately upon the youngest of
the said children attaining that age upon trust that they my said trustees or the Survivor of
them his Executors Administrators or Assigns be set apart from my said Estate and Effects one fifth
part thereof and lay out and invest the same in their or his own names or name in or upon
Government or real Securities in England and pay apply and dispose of the interest dividends or
proceeds of the Stocks funds and securities unto my son William for the term of his natural
life by Quarterly payments for his own use and benefit the first payment thereof to be made
to him out of the next Dividends and Interest of the said trust monies after such Investment &
I hereby direct that the receipt of my Son William and his receipt only shall be a sufficient
acquittance and discharge to my said trustees or trustee for such dividends interest or proceeds And
from and after the decease of my said Son as to the principal ann? apart and invested by
my said trustees for the use of my said Son aforesaid. In trust in case there shall be any
lawful issue of my said son William who shall be then living to pay assign and transfer the
said Sum so laid out and invested as aforesaid and the interest thereof unto and amongst all &
every the children of the said William Midwinter lawfully begotten equally to be divided between
& amongst them share and share alike as tenants in common and their respective Executors and
Administrators to be paid and transferred to him her or them at their respective ages of twenty one
years And in default of such issue of my said Son William I direct that the said principal sum
be set apart laid out and invested as aforesaid shall fall into and become part of the residue of
my Estate and Effects and as to the residue of my estate and effects upon trust that they my said trustees and the Survivor of them his Executors
Administrators or Assigns do divide the said Estate and Effects equally among my four other children
namely Jonathan Samuel Elizabeth and Frederick or each of them as shall then be surviving
and the children of each of them who shall have died in equal shares and proportions
but no children of any deceased child shall under this my Will be entitled to a greater share
than his or their parent would have taken if living and my said children shall not take a
vested Interest until the youngest shall have attained the age of twenty one years provided
always And I direct my said trustees before they shall make such Division in case my said
Wife be then living to place out on real or Government security such a principal sum the Interest
whereof for the time being will be insufficient to pay the aforesaid Annuity to my said Wife
And I declare that such principal sum shall not be divided until my said Wife shall cease to
be my Widow And as to the principal sum so set apart and invested by my said Trustees for the
purpose of my said Wife after the decease or marriage of my said Wife I direct that the same shall
fall into and become part of the residue of my Estate and Effects provided always And I declare
that it shall be lawful for my said trustees at their discretion to advance such sum and sums of
money as shall be necessary for the putting out of any of my said four children Jonathan
Samuel Elizabeth and Frederick and the issue of my said son William Apprentice to any
business although the youngest of my said four children Jonathan Samuel Elizabeth & Frederick &
the issue of my said Son William
shall not have attained the age of twenty one years and that any such advance shall be
deducted from the share of him or her for whom the same shall be made but nothing shall be
obligatory on my said trustees to make any such advance provided always and I declare that
it shall be lawful for my said Trustees if they see fit immediately or at any time
after my decease in such parts or at any one or more times to sell and dispose of the said
Estate and Effects and therewith or with part thereof at their discretion to carry on the
business I may be engaged in at the time of my decease or enter into and carry on any other
business and in each case I declare that it shall be lawful for my said trustees to employ
my said wife in carrying on such business if they shall see fit but not otherwise And I direct
my said Trustees to invest all monies which shall come to their hands except such as
shall be necessary to be retained to carry on business as aforesaid on real or
Government securities giving unto them full power to vary such Securities when and as
they shall see fit provided always And I do declare that my said trustees their Executors or administrators
shall not be answerable the one for the other of them or the acts deeds or defaults of the other
for them but each for himself only and for his own acts deeds and defaults and that they or
those of them shall be charged or chargeable with or for each sum or sums of money only
as shall actually come to his or their hands by virtue of this my Will notwithstanding
their or either of their joining in any receipt or other act for the sake of conformity only nor
for any loss which may happen in the execution of any of the Trusts hereof except such loss
shall be wilful or through gross negligence provided also And I declare that in case either
my said trustees shall decline to act in the aforesaid trusts that the other of them and the
Survivor of them on the death of the other and the Executors and administrators of the Survivor shall
have as full authority to act in the execution of the aforesaid trusts as both of the said trustees
would have had if living and jointly acting I appoint the said William Midwinter and
Samuel Huckvale Executors of this my Will and Guardians of the persons of my
Children In Witness whereof I the said testator Thomas Midwinter have to this my saida
last Will written upon two sheets of paper to the first sheet thereof set my hand and to
this second and last sheet thereof set my hand and seal this thirtieth day of November one
thousand Eight hundred and thirty one. Thomas Midwinter (SS) Signed Sealed
Published and declared by the testator Thomas Midwinter as and for his last Will &
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 – Sarah Liddiard ---
John Liddiard Chipping Norton -/

Probate

Proved at London 6th August 1832 before the Judge by the oaths of William
Midwinter
the Brother and Samuel Huckvale the Executors to whom administration was
granted having been first sworn /by commission/ duly to administer.





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