The Document Chest

1839 will of Mary Hayward Barnicott

Widow

 

I Mary Hayward Barnicott of Yeovil in the County of Somerset Widow do make my last will and Testament in manner following that is to say First I give and bequeath to John Gascoigne Parry Son of my late daughter Elizabeth [Berry ?] Parry the sum of twenty pounds to be paid without interest on his attaining the age of twenty five years and in case he shall die under that age then I direct that the same shall sink into and form part of my residuary estate All and singular my real and Personal Estate and effects whatsoever I give devise and bequeath unto and to the use of my Son James Barnicott his heires executors administrators and assigns respectively Upon the trusts nevertheless and for the intents and purposes hereinafter expressed declared and contained of and concerning the same (that is to say) upon trust that he the said James Barnicott his heirs executors or administrators do and shall as soon as conveniently may be after my decease sell dispose of and convert into money all my real and personal estate either by public auction or private contract and in such parts and parcels and for such price and prices as he or they shall think fit and do and shall by and out of the monies arising from such sale and sales and conversion and disposition of my real and personal estate in the first place retain pay off and discharge all costs charges and expences attending such sale and sales and attending and incident to the execution of the trusts of this my will and also all my debts and funeral expences and the expence of proving my will and also the aforesaid legacy and after payment and satisfaction thereof do and shall pay and divide the surplus of such monies arising as aforesaid unto between and amongst my four surviving children namely Mary Ann Berry the wife of Thomas Beach John Barnicott Hannah the wife of Francis Bartlett and James Barnicott and their respective executors and administrators in the shares and proportions following that is to say one equal seventh part or share thereof to my said daughter Mary Ann Berry the wife of Thomas Beach one other equal seventh part or share thereof to my said Son John Barnicott three other equal seventh parts or shares thereof to my said daughter Hannah the wife of the said Francis Bartlett and the remaining two equal seventh parts or shares to my son James Barnicott provided always that in case any or either of my said children shall happen to die in my life time then the share or shares of such of my children who shall die shall pass and be paid to such person or persons as shall be his her or their personal representatives respectively at the time of my decease in a course of distribution according to the laws relating to intestate estates provided also and it is my will and I hereby declare that the person or persons who shall pay to the said James Barnicott his heirs executors administrators or assigns any money upon any sale or sales of my said real and personal estate or any part of the same or otherwise pursuant to the trusts hereinafter contained shall not be obliged or required to see to the application of the said money or be answerable or accountable for the misapplication or nonapplication of the same and that all receipts [which ?] shall be given by the said James Barnicott his heirs executors administrators or assigns or any or either of them for all or any part of the said money shall be good and sufficient acquittances and discharges for the sum and sums of money which by the said receipts respectively and every of them shall be acknowledged or expressed to be or to have been received provided further and it is my will that it shall and may be lawful to and for the said James Barnicott his heirs executors administrators and assigns and every of them to deduct detain and allow unto himself and themselves respectively out of all and singular the said trust estates all such costs charges losses damages and expences as he or they shall or may bear sustain expend be at or be put unto by reason or means or in execution of any of the trusts hereby in him and them reposes and that he or they shall not be answerable or accountable for any more monies or effects than he or they shall respectively actually receive or shall come to their respective hands by virtue of this my will nor for any loss or damage which shall happen to the said trust estates or monies or any part thereof unless the same shall happen through wilful neglect or default not the one of them for the other or others of them but each of them for himself and his own acts only And I hereby appoint the said Hannah the wife of the said Francis Bartlett and the said James Barnicott Executrix and Executor of this my last Will and Testament In trust nevertheless for the purposes aforesaid In witness whereof I the said Mary Hayward Barnicott the Testatrix have to this my last Will and Testament contained in this and the two preceding sheets of paper set my hand and seal [word illegible] my hand at the bottom of each of the said preceding sheets and my hand and seal this this and last sheet the twenty second day of February one thousand eight hundred and thirty nine

Mary Hayward Barnicott

The writing contained in this and the two preceding sheets of paper was signed and sealed by the above named Mary Hayward Barnicott the Testatrix and by her published and declared as and for her last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereto in her presence and in the presence of each other

John [Stuck ?]     John Phelps     [word illegible] Pearse Junr

 

Proved at London 19th February 1846 before the Judge by the Oath of Hannah Bartlett (wife of Francis Bartlett) the daughter one of the Executors to whom Adm[inistrati]on was granted having been first sworn by Commission duly to administer James Barnicott the Son the other Executor the residuary legatee in trust and [much of the rest illegible]

 

 

Transcribed by Bob Osborn