© Transcription Copyright Linda Steward, August 2005.
Whereby in the first place I order and direct my Executor hereinafter named to pay and discharge all my just debts my funeral expences and the costs and charges attending the proving this my Will as soon as conveniently can be after my decease
And I give and devise unto my Daughter Emily Hudson All that Messuage or Dwellinghouse and Premises situate at Necton in the said County which I built upon land lately purchased of the Executors of the late Reverend Thomas Young deceased and now in the Occupation of Benjamin Edwards And also a Pightle of grass land adjoining containing about three Acres which I also purchased of the said Executors and now in my own Occupation To hold the same Messuage land and Premises unto and to the Use of my said Daughter Emily Hudson her heirs and assigns for ever And I have estimated the value of the said Estate at the sum of five hundred pounds which sum shall be considered as part of my said daughter Emilys share of my personal estate and be taken into consideration on the division thereof as hereinafter mentioned
And I give and bequeath unto my said daughter Emily my best Feather bed bedstead and furniture thereto belonging and the Chest of drawers that formerly belonged to my late Wife and also my silver Watch to and for her own absolute use and benefit And I give and bequeath unto my Daughter Jemima the Wife of Thomas Andrews of Attleburgh in the said County Farmer a Silver Cream Jug which has been in my family Several Years which I trust she will not part with
And I direct my said Executors as soon as conveniently can be after my decease to sell and dispose of either by public Auction or private contract all the rest and residue of my household furniture plate linen books and china and to collect and get in all debts and sums of money that may be due or owing to me at the time of my decease and the money to arise or be paid me from the sale of my said household furniture and effects and the collection of my debts shall form part of my residuary personal estate and be disposed of as hereinafter mentioned
And I do also authorize empower and direct my said executors to conduct manage and carry on the farms which I am about to occupy of the Reverend Henry Milnes and the Reverend Thomas Jones situate at Holm Hale aforesaid for the residue of the terms of my Leases therein if they my said Executors shall in the exercise of their discretions think it advisable to do so and for that purpose to use and employ all the Horses Stock implements and other things that may be on the said Farms at my decease And in case my said Executors shall deem it advisable to carry on my said Farms then I declare that they my said Executors shall do so in the character of Trustees for my said two daughters Emily Hudson and Jemima Andrews and for their joint benefit and that the profits to be derived from the carrying on the said Farms shall be annually divided between my said Daughters Emily and Jemima share and share alike as tenants in common and at the expiration of the said Leases or sooner if my said Executors shall deem it expedient or advisable I authorize and empower them to sell and dispose of my public Auction or private contract All and singular my said live and dead farming stock implements crops and produce and to convert the same into money and the proceeds to arise therefrom I direct shall fall into and form part of my residuary personal estate and be applied and disposed of in the manner hereinafter expressed and for the purposes aforesaid I give and bequeath unto my said Executors so far as I lawfully can all my terms and interests in the Leases of my said Farms To hold the same or to dispose thereof Upon Trust as aforesaid as they in the exercise of their uncontrolled discretion may deem advisable
And I do hereby authorize empower and direct the said Thomas Andrews and George Andrews of Holm Hale aforesaid Farmers my Executors hereinafter named and the survivor of them his executors or administrators within twelve calendar months next after my decease to sell and dispose of either by public Auction or private contract All and every other my Freehold and copyhold Messuages Lands Tenements and hereditaments situate at Necton and Holm Hale aforesaid or elsewhere not hereinbefore devised or disposed of with their appurtenances and with full power to buy in all or any part of the said Messuages Lands Tenements or hereditaments at any Auction or Auctions without being answerable or accountable for any loss or diminution in price on a resale thereof and with full power for them the said Thomas Andrews and George Andrews and the survivor of them his executors or administrators to convey and assure the same hereditaments and premises when sold to the respective purchasers thereof and to give receipts for the consideration money to be produced from every or any such sale or sales and for the rents and profits of the said hereditaments and premises until the sale thereof respectively which receipts shall effectually discharge the person or persons paying the money therein respectively mentioned to have been received from all liability whatsoever for or in respect of such purchase money or rents or the application or disposition thereof
And I do hereby declare that the money to arise and be produced from such sale or sales and the rents and profits of the said hereditaments and premises until the sale thereof shall fall into and be deemed part of my said Residuary Personal estate and be disposed of as hereinafter expressed
And I do hereby direct and declare that all the monies to be produced from the sale and conversion of my said real and personal estate and all ready money or securities for money that may be due owing or belonging to me at my decease shall (subject to the payment of my debts and the costs and expences attending the execution of the Trusts of this my Will) be equally divided between my said two daughters Emily Hudson and Jemima Andrews share and share alike to whom I bequeath the same but subject nevertheless to any sum or sums of money that shall have been advanced by me previously to my decease to either of my said daughters or to the said Thomas Andrews my son in law and also subject to the said real estate devised by me to my said daughter Emily being taken as of the value of five hundred pounds it being my intention and desire that in order to make an equal division of my property that all such Advances that shall have been made by me in my lifetime and the aforesaid real estate so devised to my said Daughter Emily shall be deemed and taken as part or parts of my said residuary personal estate so hereby given and bequeathed to my two daughters as aforesaid
And I do hereby further declare that in case my said daughter Jemima Andrews shall happen to depart this life before her share and interest in the monies and effects under this my Will shall have become payable or been received by her having lawful issue her surviving them that such issue shall have and be entitled to their Mothers said share of and in the said monies and effects to be divided between and amongst them if more than one in equal shares and proportions and to be vested and transmissible interests in them and each of them on their severally attaining the age of twenty one years and in the meantime the dividends interests on annual income to be produced therefrom to be applied by my said Executors for or towards their maintenance and education Provided always and I do hereby further declare that the said George Andrews and Thomas Andrews and the survivor of them shall be charged and chargeable only for such monies as they or he shall actually receive by virtue of the Trusts of this my Will notwithstanding them or either of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that they shall not be answerable or accountable for any Banker or other person with whom or in whose hands any part of the said Trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the Trusts hereinbefore contained or mentioned) and that they nor either of them shall be answerable or accountable for any misfortune loss or damage which may happen in the execution of the aforesaid Trusts or in relation thereto except the same should happen by or through their or either of their own wilful neglect or default respectively and then and in that case each person respectively shall singly and alone be answerable for such loss or damage as shall arise from his own default
And also that it shall be lawful for the said George Andrews and Thomas Andrews and the survivor of them his executors and administrators and each of them by and out of the monies which shall come to their or his hands by virtue of the Trusts aforesaid to deduct retain and reimburse to and for themselves and himself respectively and to pay to and allow to each other all costs charges and expences which they or he or any of them shall or may sustain or be put unto in or about the aforesaid Trusts or in any wise relating thereto
And I nominate constitute and appoint the said George Andrews and Thomas Andrews to be executors in Trust of this my Will
And I give and devise to the said George Andrews and Thomas Andrews and their heirs all the estates vested in me as a Mortgagee or Trustee To hold the same unto and to the use of the said George Andrews and Thomas Andrews their heirs and assigns for ever or for all my estate and interest therein subject nevertheless to the equities and trusts affecting the same respectively and which at the time of my decease shall be subsisting or capable of taking effect
And hereby revoking all former Wills and Testamentary dispositions by me at any time heretofore made I do declare this only to be and contain my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in four sheets of paper set my hand to the first three sheets hereof and to this fourth and last sheet my hand and seal this fourth day of October in the Year of our Lord one thousand eight hundred and forty five.
Robert Hudson
Signed sealed published and declared by the said Robert Hudson 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
Mary Fosdick W. Pott. Pillans? Solr. Swaffham
This Will was proved at Swaffham on the thirteenth day of May 1848 before the Revd. John Peter Evans Clk. Surrogate duly appointed of the Worshipful Charles Evans M.A. Official Principal of the Episcopal Consist. Court of Norwich lawfully constituted and was approved &c and admon. of all and singular the goods &c of the within named Robt. Hudson the testator deceased was on the fifth day of June following duly granted to George Andrews and Thomas Andrews the Executors within named, they being duly sworn &c saving &c
Testator died 25th October 1845
Probate granted 5th June 1846
Exd. with the original will by me
Edwd. Butler
Effects sworn under £800
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