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Will of Samuel Geard 1824

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The TRANSCRIPTION OF WILL FOR SAMUEL GEARD WHO DIED IN THE COUNTY OF SOMERSET ON THE 18th DAY OF OCTOBER, 1824. DIOCESE OF BATH AND WELLS. In the Goods of Samuel Geard deceased. In the Consistorial (?) Archidiaconal Court of Wells. APPEARED personally Jesse Geard of the Parish of Montacute in the County of Somerset, sailcloth manufacturer and Joseph Price of Yeovil in the said County, Linen Draper the Executor named in the last Will and Testament of the aforesaid Girthwebb Manufacturer (sic) who died on or about the 18th day of October, 1824 and made Oath and said that the Personal Estate and Effects of the said Deceased, for or in respect of which a Probate of the said Will is to be granted by the said Court, exclusive of what may have been possessed of or intitled (sic) to as a Trustee for any other Person or Persons, and not beneficially. And without deducting anything on account of the Debts due and owing from the Deceased, are under the value of FOUR HUNDRED AND FIFTY POUNDS to the best of these Deponents lastly made Oath and said that the said Deceased who was not at the time of his possessed or entitled to any Leasehold, Effects or Estates for years either absolute or determinable and on a life or lives to the best of their knowledge information and belief. Sworn on the same Day Signed Jesse Geard and Jas. Pittard. 1 THIS IS THE LAST WILL AND TESTAMENT of me SAMUEL GEARD of Montacute in the County of Somerset Girthwebb Manufacturer I commend my Soul to God through Christ and my Body I commit to the Earth to be decently buried at the direction of my Executors And it is my desire and request that there should be a Funeral Sermon preached as soon as conveniently may be after my death by Mr Joseph Price the officiating Minister at the Baptist Chapel in Montacute aforesaid and as a token of my respect I direct that my Executors pay him one Guinea for the same which it is my Wish that he should accept. I give to my Sister Martha Pittard the sum of one pound to be paid by my said Executors immediately after my death I give to my Grandson Samuel Geard son of my Son Thomas my Silver Watch I give and bequeath unto my five Grandchildren the said Samuel Geard and to Jesse, Ann, Elizabeth and Naomi Geard, Sons and Daughters of my said Son Thomas the sum of Twenty Pounds each to be paid to them respectively as and when they attain their respective ages of twenty one years or on the day or days of their respective Marriage which shall have been actually advanced under the power herein after contained shall go and belong to the Survivors or Survivor of them and be equally divided between them if more than one share and share alike and such benefit of survivorship shall extend as well to the surviving or accruing shares as to the original Legacy – And in case all my said Grandchildren but one shall happen to die under the age of twenty one years and unmarried then I give and bequeath the whole of the said Legacies to such only surviving child his or her Executors--- Administrators or Assigns/ And I hereby authorize and empower my Trustees and Executors hereinafter named in the meantime and until the Legacy or Legacies of any such child or children respectively for and towards his her or their maintenance education and support and also to apply the whole or any part of the Legacies of my said Grandchildren respectively as they in their discretion shall think proper for his her or their Instruction in any trade or business for his her or their benefit and advancement in life although he she or they shall not then have attained the age of twenty one years or been married I give and bequeath unto my son Thomas for his own use and Samuel Geard Witnesses Elizabeth Geare (sic) Thomas Isaac Jonathon. Warden benefit All the Looms, Machinery and other my Utensils and Implements in Trade of every denomination now in my possession or belonging to me at the time of my decease and used for the purpose of weaving and unspun and and spun yarn in my possession at the time of my death but not the Girthwebb and Sailcloth, together with all Flax unspun and spun in my possession at the time of my death but priced as shall be then actually in the Looms o/I shall also give to my said Son Thomas the sum of twenty pounds to be paid in six months next after my decease/I give and bequeath my two Horses and five cows and all my Utensil and Implements in Husbandry which may be in or about the Farm and Premises now in my occupation or belonging to me at the time of my decease unto my Son Charles Geard his Executors Administrator and Assigns for his and their own use and benefit I also give to my said Son Charles Geard the sum of one hundred and fifty pounds in money to be paid him by my said Executors hereinafter named in six months after my death/I give and devise my Messuage or dwellings or dwelling house use cottage Buckinghouse Garden or orchard clove of ground and all other of my hereditaments and premises in East Coker in the …..said County of 2 Somerset which I have contracted to sell to Mr Roger Murly for one thousand four hundred pounts unto my Brother Jesse Geard and to the said Joseph Price their Heirs and Assigns Upon trust to carry into execution and to complete the said Contract by releasing and conveying, the same to the said Roger Murly the Purchaser thereof or as he shall direct and as to the money to arise and be produced by such sale I direct the given and bequeathed /And I give and devise all those my three freehold Dwelling Houses or Tenements with the Garden and Appurtenance thereto belonging and being in the Parish of Brimpton in the said County of Somerset And all other my lands and Tenements….whatsoever and wheresoever whether in possession reversion remainder or expectancy of which I am seized or possessed in fee simple or for any term or terms for years or for life or lived unto my said Brother Jesse Geard and the said Joseph Price heirs executors administrators or assigns Upon trust that they the said Jesse Geard and Joseph Price and the Survivor of them or the heirs executors administrators or assigns of such survivor do and shall withal convenient speed after my decease absolutely make sale and dispose of the said Dwellinghouses or Tenements and Garden and all other my said Lands and Hereditaments either together or in parcels and either by public Auction or Private Contract unto any person or persons who may be willing to purchase the same for such price or prices in money as can be reasonable had or obtained for the same And do SAM’L GEARD, Witnesses Elizabeth Geare, Thomas Isaac, Jno. Warden and shall pay apply and dispose of the Monies to arise and be produced by such sale or Sales in the manner hereinafter mentioned An in order to facilitate such sale or sales my Will is and I do hereby direct that the receipt or receipts from time to time to be signed and given by the said Jesse Geard and Joseph Price or the survivor of them his heirs executors or administrators for any sum or sums of money which shall be paid to them or him respectively by any purchaser or purchasers of my said Dwellinghouses or Tenements and Garden lands and hereditaments or any part shall be a good and actual release and discharge such purchaser or purchasers respectively for the same sum or sums of money or for so much thereof as in such receipt or receipts shall be expressed or as knowledged to be received and that after such receipt or receipts shall be such purchaser or purchasers shall not be obliged to see to theapplication or accountable for any loss misapplication or non application of such money or any part thereof/I give and bequeath unto the said Jesse Geard and Joseph Price their Executors and Administrators all my monies and securities for money household Goods and Furniture and all my growing crops Hay Corn and Farming Stock and all other my Personal Estate Effects whatsoever nad wheresoever/Except such parts thereof as are hereinbefore specifically bequeathed /Upon Turst as soon as conveniently may be oafter my decease to sell and dispose of and convert into money all such parts of my said Personal Estate as shall not consist of money and to call in and compel payment of all monies due and owing to me And I direct that my said Trustees and the Survivor of them his executors and Administrators shall stand and be possessed of and interested in the monies which shall arise and be produced from the sale of my said real and personal Estate and which shall be called in and received as aforesaid after payment of all my just debts and legacies and my funeral and testamentary expenses for my said two sons Thomas and Charles to be divided between them in equal shares and proportions and their respective executors administrators and assigns And I make and appoint the said Jesse Geard and Joseph Price Executors in Trust of this my last Will and Testament – And I hereby declare and direct that my said Trustees shall not be answerable or accountable for any loss which may happen to my said Estate and Effects so as such loss happen without their wilful default or negligence. Saml.Geard, Witnesses Elizabeth Geare, Thomas Isaac, Jnth.Warden and that the one of them shall not be answerable for the other of them nor for the Acts receipts or defaults of the other of them – And that they and each of them shall and lawfully may out of the trust monies which shall come to their respective hands retain to and reimburse himself and themselves respectively and allow to his Co Trustees All lost costs charges damages and expenses which he or they shall or may sustain expend or be put unto in or about the execution or defence of the trusts aforesaid or in relation thereto – And hereby revoking all former and other Wills and Testamentary dispositions by me at any time heretofore made I do declare this only to be my last Will and Testament. In Witness whereof the said Samuel Geard the Testator have to this my last Will and Testament contained in four sheets of paper set my hand and seal by subscribing my name to the three first sheets thereof and subscribing my name and affixing my seal to this fourth and last sheet thereof this twelfth day of July in the Year of our Lord one thousand eight hundred and twenty four – signed Saml. Geard (seal) – Signed sealed published and declared by the said Samuel Geard the Testator as and to be his last Will and Testament in the presence of us who at his request have subscribed our names as Witnesses thereto in the presence of the said Testator and of each other – the interlineation between the fourth and fifth lines of the second sheet of this my Will having been first made - Elizabeth Geare – Thomas Isaac –Jno. Warden. This agrees with the original and the Will signature by William ?[1]

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  1. Received by email from a family member in 2014




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Categories: Wills and Estates