The document chest
The 1849 will of George Edward Hooper
Surgeon
This is the last Will and Testament
of me
George Edward Hooper
of Yeovil in the
County of
Somerset Surgeon
I give devise
and bequeath
All my Real and Personal Estate
unto my cousin
Frederick
Greenham of
Yeovil aforesaid
Esquire and my
nephew James
John Hooper
Fellow of Oriel
College Oxford
Esquire their
heirs executors
and
administrators
Upon the trusts
following that
is to say In
trust with all
convenient speed
to sell dispose
of and convert
the same into
money and after
paying thereout
my just debts
and funeral and
testamentary
expences to
invest the
residue of my
said estate in
their names in
the Government
Stocks or public
funds of Great
Britain or upon
real or long
leasehold
securities with
power to vary
such securities
at their
discretion and
to continue any
existing
securities
upon
which my monies
may be invested
as long as they
may please And
in trust to pay
the interest
dividends and
annual proceeds
of my said
estate to my
dear wife Jane
Hooper during
her life she
remaining my
widow and from
and after her
decease or
second marriage
In trust to pay
and divide my
said estate unto
between and
amongst all and
every my child
and children who
being a son or
sons shall
attain the age
of twenty one
years or being a
daughter or
daughters shall
attain that age
or marry under
that age [word
illegible]
equally to be
divided between
and amongst them
if more than one
as tenants in
common with
benefit of
survivorship as
regards the
original and
accruing shares
of any of them
who may die
before such
period of
vesting as
aforesaid I
devise unto the
said Frederick
Greenham and
James John
Hooper their
heirs executors
administrators
and assigns all
estates vested
in me as trustee
or mortgagee
upon the trusts
and subject to
the equities
affecting the
same
respectively I
empower my said
trustees to
apply all or any
part of the
yearly income of
my said estate
to which under
the disposition
hereinbefore
contained any of
my children may
be presumptively
entitled towards
his or her
maintenance and
education or
otherwise for
his or her
benefit during
his or her
minority I also
empower my said
trustees in
their discretion
to advance and
apply any part
not exceeding a
moiety of the
capital to which
each such child
may be
presumptively
entitled in or
towards his or
her advancement
or preferment in
the world I
declare that the
receipts of the
trustees or
trustee for the
time being of
this my will for
any money paid
to them or him
in that
character shall
exonerate the
persons paying
the same from
all liability in
respect of the
application
thereof I
authorise my
said trustees to
postpone the
sale of any
portions of my
real or personal
estate and in
the meantime to
allow my said
wife the use and
enjoyment
thereof or of
any portions
thereof for so
long a period
during her
widowhood as
they in their
discretion may
think proper I
appoint the said
Frederick
Greenham and
James John
Hooper joint
Executors of this my will I declare
that so often as
any trustee or
trustees herein
named or to be
appointed under
this power shall
die or desire to
be discharged or
become unable to
act in the
trusts of this
my will it shall
be lawful for
the competent
trustees or
trustee for the
time being
whether desirous
of being
discharged or
not or if there
shall be no such
trustee then for
the executors or
administrators
of the last
surviving or
continuing
trustee to
appoint a fit
person or
persons to
succeed to the
office of the
deceased
retiring or
incapacitated
trustee or
trustees and by
force of every
such appointment
as aforesaid all
the authorities
and discretions
given or
expressed to be
given to the
deceased
retiring
incapacitated or
discharged
trustee shall be
conferred upon
the appointed
trustee or
trustees in whom
either alone or
(as the case may
be) jointly with
the surviving or
continuing
trustee or
trustees my
trust estate
shall vest or by
proper
assurances be
vested I declare
that the
trustees or
trustee for the
time being of my
will shall be
responsible only
for his or their
own respective
acts defaults
and receipts and
shall be exempt
from liability
for involuntary
losses and be at
liberty to
deduct and allow
to each other
all expences
incident to the
execution of the
trusts of this
my will and
hereby revoking
all wills by me
at any time
heretofore made
I declare this
to be my last
will and
testament In
testimony
whereof I have
to this my last
will and
testament
contained in
this and the
preceding sheet
of paper to each
of the said
sheets set my
hand the
seventeenth day
of October one
thousand eight
hundred and
forty nine
G E Hooper
Signed sealed
published and
declared by the
said George
Edward Hooper
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 set our
names as
witnesses
Arthur C
Sydenham
Tho[ma]s
Lyon
Proved at London 29th March 1851 before the Worshipful William
Robinson Doctor
of Laws and
Surrogate by the
oath of James
John Hooper the
nephew one of
the executors to
whom adm[inistrati]on
was granted
having been
first sworn duly
to administer.
Frederick
Greenham Esquire
the other
executor and one
of the Universal
Legatees in
Trust named in
the said will
having renounced
the probate and
execution of the
said will and
also the letters
of Adm[inistrati]on
(with the said
Will annexed) of
the Goods of the
said deceased
(as by Acts of
Court appears)
Transcribed by Bob Osborn