The Document Chest

1839 Will of John Harris

Gentleman of Vagg Farm

 

This is the last Will and Testament of me John Harris of Vagg Farm in the parish of Yeovil in the County of Somerset Gentleman I give and bequeath unto my friend Edwin Newman of Yeovil aforesaid Gentleman all and singular my household goods and furniture live and dead farming stock and implements of husbandry of whatever description to hold the same unto the said Edwin Newman his executors administrators and assigns upon trusts and for the ends intents and purposes next hereafter mentioned that is to say Upon trut to permit and suffer my dear wife to have use and occupy the same and the produce arising therefrom for and during the term of her natural life for the benefit of herself and her children now born or hereafter to be born in due time of my decease in such manner as she shall think proper and expedient and from and after her decease I direct that all and singular my said household goods and furniture together with all such live and dead farming stock as shall not have been disposed of in her life time shall be immediately converted into money and be received by my said Trustee or Trustees for the time being upon trust for the joint and equal benefit of all my said children who shall be living at that time and shall have attained his or her age of twenty one years or shall thereafter live to attain that age I expressly empower my said Wife to use and manage my said household goods and furniture live and dead farming stock and implements of husbandry and to carry on the Estate I now occupy or any other Farm which she may in future occupy in any manner she may think proper without any interferance whatever by or on the part of my said trustee or trustees for the time being And I further empower my said Wife to pay and apply any money to be received by her from the sale of any part or parcel of my said Farming Stock or the gains or profits arising therefrom to or for the benefit of all or any of my said Children and even to the exclusion of any one or more of them in any way she may think proper during the term of her natural life I give devise and bequeath all and singular my real and all other my Personal Estate whatsoever and wheresoever including a Policy of Insurance on my life for One thousand pounds and of what nature or kind soever not hereinbefore disposed of unto and to the use of the said Edwin Newman his heirs executors administrators and assigns according to the nature and quality thereof respectively Upon trust that he the said Edwin Newman his executors or administrators do and shall as and when he or they shall think proper sell and dispose in thereof for so much thereof as shall not consist of money and grant and convey the same and every or any part thereof unto any person or persons who may be willing to purchase the same for the best price or prices in money that can be reasonably obtained for the same and do and shall stand possessed of the rents and profits thereof until sale and after sale of the purchase money arising therefrom and of all and singular the monies due to me on mortgages bonds notes or otherwise wheresoever and all other my residuary Personal Estate and Effects whatsoever upon trust for the benefit of my said Children in equal shares and proportions And I declare that each child shall take a vested Interest in his or her portion thereof as and when he or she shall arrive at the age of twenty one years I empower my said Trustee and Trustees for the time being to apply the rents and profits of each childs presumptive portion or any competent part thereof for his or her maintenance and education until he or she shall have acquired a vested interest therein and to [cause?] and apply any part of the presumptive portion of any or either of my said Children for his her or their advancement in life during his or her minority I empower my said Trustee and Trustees for the time being to continue my said trust money in its present State of Investment or to call in the same or any part thereof at his or their discretion and again to reinvest it together with the produce to be received from any sale of my said real estate and all other my said residuary personal estate whatsoever upon such securities whether real or personal as he or they may think proper I give devise and bequeath unto the said Edwin Newman his heirs executors administrators and assigns all and singular my trust and mortgaged Estates whatsoever subject to the Equities affecting the same respectively I declare that every receipt of the said Edwin Newman his heirs executors administrators and assigns shall be a good and sufficient discharge for all monies paid to him or them under or by virtue of this my Will and that the person or persons paying the same shall not be obliged to look to the application or be answerable or accountable for any misapplication thereof I declare that the said Edwin Newman his heirs executors administrators and assigns shall not be answerable for more money than he or they shall actually receive nor be accountable for any involuntary losses I nominate and appoint the said Edwin Newman sole Executor In [word illegible] of this my last Will and Testament In Testimony whereof I have hereunto set my hand and seal this eighteenth day of January one thousand eight hundred and thirty nine

John Harris

Signed Sealed published and declared by the said John Harris the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

Robert Chapman     Ann Chapman

 

Proved at London 28th March 1839 before the Worshipful Jesse Addams Doctor of Laws & Surrogate by the oath of Edwin Newman the sole Executor to whom Adm[inistrati]on was granted having been first sworn duly to administer

 

 

Transcribed by Bob Osborn