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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