© Transcription Copyright Linda Steward, August 2005.
I appoint Maria my wife and the younger of Gorleston aforesaid Victualler and William Lowne of the same place Pilot Executrix and Executors of this my Will
And I give and devise unto the said Maria my wife All those my two Dwellinghouses with the gardens ground and appurtenances thereto belonging situate and being in Gorleston aforesaid now in the several occupations of myself and William Lowne
And also All those my two Dwellinghouses with the gardens ground and appurtenances thereto belonging situate and being in Gorleston aforesaid now in the several occupations of Edward Shaul and William Todd
And also All other my hereditaments and premises whatsoever and wheresoever To hold unto the said Maria my wife and her assigns for and during the term of her natural life (if she shall so long continue my Widow and unmarried) she and they maintaining and keeping the same hereditaments and premises in good and tenantable repair and committing and suffering no waste thereupon
And from and immediately after the decease of my said wife or her marrying again which shall first happen I authorize and empower order and direct the said James Rivett and William Lowne or the survivor of them his executors or administrators to sell and dispose of All and singular my said hereditaments and premises either by public auction or private contract or partly by public auction and partly by private contract and either together and in one lot or by parcels and in several lots and and for the best price or prices and most money that can or may be reasonably had or gotten for the same and to convey and assure the same to the purchaser or purchasers thereof his her or their heirs and assigns or as such purchases or purchasers shall direct
And my mind and will is that the receipt or receipts of the said James Rivett and William Lowne or the survivor of them his executors or administrators shall be good and effectual discharges or a good and effectual discharge to the purchasers or purchaser of the said hereditaments and premises or any part thereof for the several sums of money which shall be therein expressed to be or to have been received
And that such purchaser or purchasers of the said hereditaments and premises or any part therein expressed to be or to have been received
And that such purchaser or purchasers after such receipts or receipt given shall not be obliged to see to the application or be answerable or accountable for the misapplication or non application of the purchase money or any part thereof
And I give and bequeath the money to arise from the sale or sales of my aforesaid hereditaments and premises together with the rents and profits thereof to arise from the decease or marriage again of my said wife (after payment thereof of any sum or sums of money that may be due from me on mortgage of the said hereditaments and premises at my decease and all Interest for the same and also all charges of and incident to such sale or sales) unto and to be equally divided between all my Children which shall be then living and the issue lawfully begotten of any of my children which may be then dead share and share alike
But such issue to take only the part or share which their respective father or mother if living would have been entitled unto The shares of such of my Children and of the Issue of any of them as shall have attained the age of twenty one years to be paid as soon as can be and the shares of the others of them to be paid when and as they shall severally attain that age Provided always and in case of the death of any of my Children or of their issue before the monies herein before given to them by this my Will shall become payable without leaving issue lawfully begotten
Then I give the original or any additional share or shares of him her or them so dying unto and to be equally divided amongst the survivors of my said Children and the Issue of any of my Children which may be then dead
But such Issue to take only the part or share which their respective father or mother if living would have been entitled unto
And the Interest of any of the aforesaid Shares of any of my Children and their Issue being minors I will and direct may be applied for their benefit respectively by my Executors
And I give and bequeath unto the said Maria my wife (after payment thereout of my just debts funeral and testamentary expenses) all my household furniture plate and linen all my money and securities for money all my boats and shares of boats and all other my goods chattels and personal estate and effects whatsoever and wheresoever for her own use absolutely
And I declare that my said Executrix and Executors shall be charged and chargeable only for so much monies as they respectively shall actually receive and that neither of them shall be answerable or accountable for the other or others of them
And that it shall be lawful for them respectively out of the monies respectively coming to their hands to reimburse and discharge their costs and charges in the execution of this my Will
And I revoke all former Wills by me made and do declare this only to contain my last Will and Testament which is written on three sheets of paper together annexed
In witness whereof I have to the first two sheets hereof set my hand and to the third and last my hand and seal this eighth day of December One thousand eight hundred and twenty eight
Signed sealed published and declared by the
above named John Shaul 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 hereto
The mark of X John Shaul
Martha Holt
Geo. Wells Holt
Wm. R. Seago
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