© Transcription Copyright Linda Steward, August 2005.
First I direct that my Mortal remains be deposited in the Vault with those of my late beloved husband in the Wesleyan Methodist Chapel at Gorleston aforesaid and that my name age and the period of my death be inscribed on the tablet erected in the said Chapel to his memory
I nominate and appoint James Arnot of Gorleston aforesaid Surgeon and Henry Barber of Great Yarmouth in the County of Norfolk Solicitor Executors of this my Will and I give to each of them the said James Arnot and Henry Barber the sum of five pounds as an acknowledgement for their trouble in the execution of this my Will the said Legacies to be paid or retained by them respectively within six calendar months next after my decease
I give and devise unto Benjamin Holt of Gorleston aforesaid Tailor All that my Messuage or Tenement with the appurtenances thereto belonging situate and being in Gorleston aforesaid and now in his own occupation To hold the same unto and to the use of the said Benjamin Holt his heirs and assigns for ever
And I give and devise All those my Tenements or Dwellinghouses and the Workshop hereinafter mentioned with their appurtenances situate in Gorleston aforesaid and now in the several Occupations of myself John Gates and James Bussey unto and to the Use of Lavinia the Wife of Ebenezer Leonard Forster of Stoney Stratford in the County of Buckingham Dissenting Minister her heirs and assigns for ever But subject nevertheless to and charged with the payment of the sum of fifty pounds of lawful British money to George Stringer Popay of Gorleston aforesaid Bricklayer my illegitimate Nephew his executors administrators or assigns the same to be paid to him or them within twelve Calendar months next after my decease by way of compensation for a Workshop which he the said George Stringer Popay hath at his own expense erected upon part of the last mentioned hereditaments And I direct that the said premises so devised to the said Lavinia Forster shall stand further charged and chargeable with the payment of an Annuity or Clear Yearly rent charge of six pounds of like lawful money to the said George Stringer Popay for the term of his natural life which I do give ............. to him accordingly The said Annuity to be payable and paid by four equal quarterly portions on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in every year free from taxes and without any deduction whatsoever the first quarterly payment thereof (that is to say the sum of one pound and ten shillings)to begin and be made in such of the said days as shall next happen after my decease Provided and I hereby expressly declare and direct that in case the said George Stringer Popay shall be duly declared a Bankrupt at any time after my decease or shall take the benefit of any Act made or to be made for the relief of Insolvent debtors or shall do or agree to do any Act with a view to assign charge incumber or anticipate or otherwise deprive himself of the benefit of the growing payments of the said Annuity or rent charge then and in that case the interest of him the said George Stringer Popay in and his right to receive the said Annuity shall thenceforth cease and be void to all intents and purposes whatsoever in like manner as if he was actually dead
And I hereby direct that in case it shall happen at any time after my decease that any sum or sums of money hereby made payable to the said George Stringer Popay or any part thereof shall be unpaid for the space of twenty eight days next after the time therein appointed for payment thereof then and so often although the same shall not have been legally demanded it shall be lawful for the said George Stringer Popay to enter upon and keep possession and receive the rents and profits of the whole of the said premises devised to the said Lavinia Forster as aforesaid until such sum or sums as shall be due to him under the provisions herein contained and every part thereof and all expenses of and attending the receipt and recovery thereof is and are fully paid and satisfied
And I give and bequeath unto Sarah the Wife of Richard Knights late of Horstead in the said County of Norfolk Farmer and now or late of Ipswich in the said County of Suffolk the sum of five pounds Sterling to be paid to the said Sarah Knights within six Calendar months next after my decease The same to be for her sole and separate use and for which her receipt? alone notwithstanding coverture shall be an effectuall discharge
And I give and bequeath unto Susannah Popay of Great Yarmouth aforesaid Pawnbroker (Widow of John Popay deceased) the sum of five pounds Sterling to be paid to her within six calendar months after my decease But if the said Susannah Popay shall die in my lifetime Then I give and bequeath the said sum of five pounds to her daughter Ann Popay to be paid to the said Ann Popay within six Calendar months next after my decease
And I give and bequeath unto James the son of Abraham Barratt of Wicken in the County of Northampton Farmer in case the said James shall live to attain the age of twenty one years but not otherwise and on his attaining that age the sum of Ten Pounds sterling
And Whereas there is now due to me from Thomas Mills of Gorleston aforesaid Priest the sum of thirty pounds which is secured to me by a deposit of certain deeds or writings by way of equitable security and I am desirous of discharging the said Thomas Mills from the payment of the said sum of thirty pounds Now therefore release and discharge the said Thomas Mills his heirs executors administrators and assigns from the payment of the said sum of thirty pounds and from all interest which shall at the time of my decease be due or which may thereafter grow due in respect thereof And I direct my said Executors to give up the said deeds or writings to the said Thomas Mills his heirs or assigns freed from the said principal sum of Thirty pounds and interest
And I give devise and bequeath all my lands Tenements hereditaments and real estate not hereinbefore disposed of and all my money securities for money household goods and furniture and all the residue and remainder of my personal estate and effects whatsoever and wheresoever unto the said James Arnot and Henry Barber their heirs executors administrators and assigns upon the following Trusts (that is to say) Upon trust as to the real estate that they or the Survivor of them his heirs or assigns do and shall as soon as conveniently can be after my decease make sale and absolutely dispose of the same by public or private sale in such manner and upon such conditions as they shall think fit with liberty to buy in and to resell the same in manner aforesaid without being answerable for any diminution in price to arise thereby And I hereby empower them my said Trustees or the survivor of them his heirs or assigns to convey and Assume such hereditaments and real Estate unto the purchaser or purchasers thereof or in such manner as they may direct and give valid discharges to the purchaser or purchasers in such moneys as shall be paid by him or them and after having taken such discharges it shall not be obligating upon the person or persons who shall have paid any money to my said Trustees to see to the appreciation thereof nor shall they be answerable on Account of the misapplication or nonapplication thereof and as to the said personal estate and effects my said Trustees shall stand possessed thereof Upon trust that they or the survivor of them his executors or administrators do and shall as soon as conveniently can be after my decease get in and receive all such debts and sums of money as shall be due to me and convert into money such parts of my Residuary personal estate as shall not consist of money And do and shall out of the moneys to arise by the sale of the said Real estate and out of all moneys coming to them or his hands by vertue of this my will pay all my just debts and funeral and Testamentary expenses and such of the said Legacies as are not hereby charged upon other property and do and shall stand possessed of the then residue of the said Trust moneys upon trust for the absolute use and benefit of the said Lavinia Forster her executors administrators and assigns And I give and devise unto the said James Arnot and Henry Barber their heirs and assigns all such real estates as are vested in me as Mortgagee or Trustee either in my own right or as heiress at Law or otherwise according to my Estate and interest therein respectively but subject to the equities affecting the same
And I hereby declare that my said Trustees and Executors and their respective heirs executors administrators and assigns shall be chargeable only for such money as they respectively shall actually receive by vertue of this my Will notwithstanding their or any of their giving or signing or joining? in giving or signing any receipt or receipts for the sake of conformity and one or more of them shall not be answerable or accountable for the other or others of them or for the Acts receipts neglects or ........... of the other or others of them nor for any involuntary loss whatsoever and that it shall be lawful for them respectively by and out of the moneys which shall come to their respective hands by virtue of this my Will to deduct retain and reimburse to and for himself and themselves respectively and also to allow to each other all costs charges and expenses which they may suffer expend or be put into in or about the execution of the Trusts herein contained or in relation thereto
And I hereby expressly declare that the said Henry Barber shall be allowed to retain and pay to himself all his reasonable and accustomed charges any professional business which he shall do in and about or relating to the execution of this my Will and the Trusts herein contained notwithstanding his being such executor and Trustee as aforesaid And hereby revoking all other Testamentary documents I declare this alone which is written on five sheets of paper together annexed to contain my last Will and Testament
In Witness whereof I have hereunder set my hand this thirtieth day of April in the year of our Lord one thousand eight hundred and forty four
Ruth Dawson
Signed by the said Ruth Dawson the Testatrix as her last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as witnesses
A. E. Arnot Gorleston Suffolk
Mary Tooke Gorleston Suffolk
I Ruth Dawson of Gorleston in the County of Suffolk Widow do make this Codicil to my last Will and Testament which bears date the thirtieth day of April one thousand eight hundred and forty four
I give and devise to George Stringer Popay of Gorleston aforesaid Bricklayer All that my Tenement and premises situate on the Hill in Gorleston aforesaid now in the Occupation of James Leggett subject nevertheless to such sum and sums of money as the same shall at my decease stand charged with upon condition nevertheless that the said George Stringer Popay shall pay (crossed out)his heirs and assigns shall pay to Mary the Widow of William Hannah late of Gorleston aforesaid Pilot deceased during her natural life the sum of Three pounds yearly the same to be paid by four equall quarterly payments on the usual feast days And in case any one of such payments shall at any time remain unpaid by the space of twenty days after the same shall become due although not legally demanded it shall be lawful for the said Mary Hannah to enter into possession and receive the rents and profits of the whole of the said premises until such sum or sums as shall be due to her by virtue hereof and all references attending the receipt and recovery thereof together with all outgoings in respect of the said premises shall be fully paid and satisfied And in all other requests I hereby confirm the said Will
In Witness whereof I have hereunder set my hand this tenth day of January one thousand eight hundred and forty five
Ruth Dawson
Signed by the said Ruth Dawson as and for a Codicil to last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as Witnesses
F. C. Arnot
Sarah Roberts
This Will with the Codicil to the same was proved at Gorleston on the twenty first day of December 1846 before ............................ Clerk Surrogate ....... behalf of the Worshipful Charles ........ A.M. Official Principal of the Episc. Consistatorial Court of Norwich lawfully constituted ... etc
Testatrix died 5th December 1846
Probate granted 11th January 1847
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