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Will of Samuel Freeth 1822

Privacy Level: Open (White)
Date: 4 Aug 1822 to 24 Mar 1824
Location: Nottingham, Nottinghamshire, Englandmap
Surname/tag: Freeth
This page has been accessed 52 times.

This is the last Will and Testament of me Samuel Freeth of Standard Hill an extra parochial place within the liberties of the Castle of Nottingham and in the County of Nottingham esquire.

I give and bequeath all that my share in Nottingham Water Works unto my brother John Freeth his executors administrators and assigns I give and bequeath the sum of fourteen thousand pounds principal stock in three percentum consolidated bank annuities now standing in my name in the books of the [ ] and company of the bank of England. And also the sum of forty five thousand dollars whereof I am possessed in the six percentum stock or funds of the government of the United States of North America

And all dividends due thereof at the time of my decease unto my eldest brother Daniel Freeth of Standard Hill aforesaid his executors administrators and assigns Upon the several heirs hereinafter mentioned expressed or declared of and [ ] the same (that is to say) upon trust that he the said Daniel Freeth his executors administrators and assigns and shall from time to time when and as the same shall be forever pay the yearly and other dividends arising from the said respective trust stocks or funds unto my said brother John Freeth and his assigns for and during the term of his natural life and from and after his decease

Upon trust to transfer assign apply or dispose of the said respective principal stocks or funds or the monies arising therefrom respectively unto and amongst all and every or any one or more [ ] of the rest of the children of my said brother John Freeth or the issue of such child or children or any of them in such parts shares or proportions or otherwise and to vest and be payable at such age or respective ages [ ] or times

And subject to such provisions restrictions conditions or limitations over charges or chargeable with such annual sums of money or sums in [ ] such limitations over or charges to be for the benefit of [ ] one or more of the said children or more remote issue and with and with such provisions out of the same or the dividends or produce thereof [ ] the [ ] or advancement or for the maintenance and education of such child or children or more remote issue respectively or any of them or otherwise in such manner and form as my said brother John Freeth by his last will and testament in writing or any writing contained in the nature of his will or by any codicil or codicils in writing such will writing or codicil respectively to be signed and published by him in the presence of him two or more credible witnesses shall direct or appoint and for want of such direction or appointment as aforesaid and subject to any such which shall have been made

And as to such part or parts of the said trusts stocks or funds or monies arising herefrom to which such direction or appointment shall not extend upon trust to pay assign and transfer the same stocks or funds and monies unto between and amongst all and every the child and children of my said brother John Freeth who shall be then living and the issue then living of any of the said children who shall have died in the lifetime of my said brother so as that such issue of any of the said deceased children of my said brother shall take and be entitled to such share or shares only as his her or their father or mother would have been entitled to if living provided and I do hereby declare my mind and will to be that it shall and may be lawful to and for my said brother Daniel Freeth his executors admons or assigns from time to time and at any time or times at his and their discretion to make sale of or revert into money all or any part of the said two sums of fourteen thousand pounds three percentum consolidated annuities and forty five thousand dollars American stock or either of them or any part of them or either of them and again to lay out and invest the same or the [ ] produce thereof in his or their own name or names in or upon any of the public stocks or funds or government security or securities in Great Britain and Ireland or of the said United States of America or upon real security or securities in Great Britain and from time to time to alter and vary the same as he or they think fit or as mood or occasion shall be or require

And the said stocks funds or securities in or upon [ ] the said trust funds or monies shall for the time being be laid out or invested shall be under and subject to such and the same trust power [ ] intents and purposes as hereinbefore directed respecting the said [ ] trust stocks or funds or such of them as shall be existing and capable of taking effect or as may thereto as may be provided always

And I do hereby order and direct and declare my mind and will to be that he the said Daniel Freeth his executors administrators and assigns shall and lawfully may from time to time and at all times in the first place by and out of the said trust monies and estate deduct and retain to himself and themselves all such [ ] and expenses as he or they shall or may be part unto in or about the execution of the said trusts or any thing relating thereto

And that he or they shall not be charged or chargeable with any more monies than shall actually come to his or their hands under the trusts aforesaid nor answerable or accountable for any banker or other person with whom the said trust funds or monies or any part thereof may be lodged for safe custody or through whose banks the same or any part thereof may pass in the execution of the said trusts nor for any misfortune loss or damage which may happen in or about the execution of the aforesaid trusts or in relation thereto except the same shall happen through his or their own wilful neglect or default

I give and bestow all my messuages lands tenements hereditaments and real estates whatsoever situate in the town and county of Nottingham on Standard Hill aforesaid and in [ ] or [ ] in the said county of Nottingham in the borough of Leicester and in the several parishes or [ ] of Kirby Muxlowe and [ ] respectively or elsewhere in the county of Leicester and all other my messuages lands tenements hereditaments and real estate whatsoever and wheresoever unto and to the use of my said brother Daniel Freeth his heirs and assigns for ever

And I also aver and devise unto my said brother Daniel Freeth his heirs and assigns all my estate and interest in any messuages lands tenements and hereditaments comprised in any mortgage or mortgages made to me

And as to for and recovering all my ready money and securities for money and the monies thereby secured shares in [ ] or [ ] stock or capital in the [ ] and Spanish funds respectively household goods household furniture plate linen china wines liquors cattle chattels goods and all other my personal estate and effects of [ ] or whatsoever and wheresoever not hereinbefore disposed of before bestowed of [ ] and bequeath the same and every part thereof subject to the payment of my just [ ] the said hereinbefore given my funeral expenses and the expenses of proving this my will and also subject to the payment of any sum or sums of money bequest or bequests [ ] or [ ] which by any memorandum or memoranda in my own hand writing signed by me I may hereafter give or direct to be paid unto my said brother Daniel Freeth his executors administrators and assigns absolutely for ever And I do hereby nominate constitute and appoint my said brother Daniel Freeth sole executor of this my last will and testament

And do hereby revoke and make void all former and other wills by me at any time heretobefore made in witness whereof I the said Samuel Freeth have to this my last will and testament contained in or written upon four sheets of subscribed and set my hand and seal (that is to say) my hand to the three first sheets hereof and my hand and seal to this fourth and last sheet thereof the second day of August in the year of our lord one thousand eight hundred and twenty-two

Sam Freeth

Signed sealed published and delivered by the said Samuel Freeth the testator as and for his last will and testament in the presence of us who at the request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto

Henry Payne
Robert Leeson
John Wood


Memorandums

Made the seventeenth day of Sept 1823 to be added to my will The two notes I hold of Captain Freeth [ ] out for five hundred and fifty pounds and the other for fifty pounds I wish to be endorsed by my executor to be payable to my brother John Freeth and given to him at my decease

To Frances Storon if she be living with me at the time of my decease I give fifty pounds to be paid within six months of that event with suitable mourning. The same to Francis Gamble to [ ] if he be living with me at the time of my decease I give twenty five pounds to be paid within six months of that event with a suit of mourning.

The note which I hold of William Glover I wish to be cancelled and given up to him

Sam Freeth

24th March 1824

Personally appeared Thomas Wright Nelson of Low Bank [ ] and George Freeth of Lincolns Inn Fields in the county of Middlesex [ ] lawyer did make oath that they knew and were acquainted with Samuel Freeth late of Standard Hill Nottingham esquire deceased for some time previous and to the time of his death and have seen him write and subscribe his name to writings whereby they have become acquainted with his manner and character of hand writing and subscription and having now [ ] and perused the paper writing here unto annexed purporting to be and contain a codicil to the last will and testament of the said deceased the said codicil [ ] this memorandum made the seventeenth day of September 1823 [ ] thus and given up to him and thus subscribed Sam Freeth that [ ] say that they verify and in their [ ] believe the whole body [ ] and [ ] of the said paper writing and the name Sam Freeth set and subscribed thereto to be of the proper handwriting and subscription of the said Samuel Freeth esquire deceased

Thos Wright Nelson
Geo Freeth

Same day the said Thomas Wright Nelson and George Freeth were duly sworn to the truth of the affidavit

John Druberry [ ] not. pub.




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