Will of John Jeffery Powell 1761


Will of JOHN JEFFERY POWELL  1761 - 1834   of Buriton


THIS IS THE LAST WILL and Testament of me, JOHN JEFFERY POWELL of Steep in the County of Hants, Yeoman. First I desire all my just debts and funeral and testamentary expenses to be paid and satisfied I give devise and bequeath all that my freehold Messuage or tenement with garden and appurtenances now in the occupation of MR BOWERS situate at Bell Hill in the Parish of Buriton in the said County of Hants unto my much esteemed friend JOHN MUNDY of the Grange in the said Parish of Buriton Yeoman and my Son in Law JAMES LIGHT of Amwell Terrace. Pentonville in the County of Middlesex, Gentleman To hold to them their Heirs and assign forever upon trust to permit my dear wife to use and occupy the same and to receive the writs and profits thereof  for her own use for her natural life and from and immediately after her decease upon trust to sell the same by public auction or private contract and to pay the purchase money arising then from then unto my four children   JOHN JEFFERY     ANNE JEFFERY (the wife of the said JAMES LIGHT) HENRY and FREDERICK in equal proportions. I give and bequeath my leasehold house and premises situate at Petersfield in the said County of Hants unto the said JOHN MUNDY and JAMES LIGHT upon trust to sell the same as soon as conveniently may be after my decease either by public auction or private contact and to pay the money arising from such sale unto my said four children in equal proportions the share of my said son FREDERICK  to be payable on his attaining his age of twenty one years in case he should not  have attained that age in my lifetime. and I so hereby declare that the receipts of the said trustees or the survivors of them or executors or administrators of such survivor shall be good and sufficient discharge to the purchaser or purchasers of all or any part of the hereditaments and premises hereby directed to be sold as aforesaid and effectually discharge him and them from ?--ing to that application or bring in any ?---? accountable for the un-application of the purchase monies or any part thereof I direct my plate to be divided into five lots as equal in value as may be, and I give out of such lots unto my dear wife and the remaining four lots unto each of my said four children, my wife having the first choice of the lots and then my children according to their seniority of age whereas I am entitled under the will of my late Uncle MR JOHN JEFFERY after the death of my sister ELIZABETH POWELL to the sum of Two thousand pounds ?---? 5p.cent annuities which has been by several acts of Parliaments converted into the sum of two thousand one hundred pounds 3 p. cent ?---? annuities now I do hereby give and bequeath the sum of One thousand Five hundred pounds part thereof unto the said John Mundy  and James Light upon trust to continue the same in the same Stock or Fund in which it now is or to invest it in other Parliamentary Stock or Funds in their joint names or to lend the same on real security and to alter and vary the same securities or funds at a ?----? and to pay the dividends and interest thereof to my said dear wife for and during the term of her natural life and from and immediately after her decease to pay and divide the capital into and equally among my said four children and as to Six hundred pounds remaining part of the said two thousand one hundred pounds 3 per cent re---? annuities I give and bequeath the same after the decease of my said sister ELIZABETH POWELL in equal proportions to my said four children. It is my wish and desire that my executors herinafter named should carry on my present farming business till the expiration of the lease or agreements under which I hold the farms in my occupation for the eventual benefit and advantage of my said dear wife and my said sons HENRY and FREDERICK or either of them with salary or wages as they may consider fair and reasonable, and immediately on the expiration of the said lease or agreements it is my will that they then live and breed stock on the said farms together with the crops household furniture linen and all other my efforts not consisting of money or securities for money may be sold and the profits arising from such sale or sales to be equally divided between my said four children and as to any other money which I may leave in the funds whether in my own name or in the name or names of any person or persons in trust for me of for my use cash in the house securities for money or debts owing to me after and subject to the payment of my own debts funeral and testamentary expenses I give and bequeath that sum unto and to be equally divided between my said four children and inasmuch as I have advantage to and for the use for my oldest son JOHN JEFFERY upwards of Four hundred pounds for the purpose of putting him into business now I do hereby declare my will and ?---asing to be that previous to making a division of my property among my children as before settled the said sum of Four hundred pounds shall be brought by my said son JOHN JEFFERY into hotchpot so as that eventually all my four children may receive equal portions and I do hereby declare that my said Trustees and Executors shall not be answerable for any involuntary loss which may happen to the said Trust Funds but only for their own wilful neglect and default and that they shall not be answerable or accountable the one for the other but only for their own acts d---? and defaults and that it shall be lawful for them to retain and allow each other their costs and expenses. I appoint the said John Mundy  and James Light  Executors of this my Will and hereby revoking all former Wills by me at any time heretofore made. I declare this only to be my Last Will and Testament. In witness whereof  I have hereunto set my hand and seal this Twenty First day of October One thousand eight hundred and Thirty Three.   J.Jeffery Powell.  Signed, Sealed and Published and declared by the said Testator

JOHN JEFFERY POWELL as and for his last Will and Testament in the presence of us who in his presence as his witness and in the presence of each other hereunto subscribe our names as witness the words and that it shall be lawful for them to retain and allow each other their costs and expenses having been previously interlined in the last page.
Signed:- ROBERT BOWER, Buriton Hants, GEORGE TIGG, Steep Hants,
                        R.E.BOWER Jnr. Buriton Hants.

PROVED at London 23rd March 1835 before the Judge by the oaths of John Mundy  and James Light the executors to whom Admon was granted having been first sworn to wit? the said John  Mundy  by Canon? and the said James Light  before the Worshipful
JOHN BAMBURY  Sorter of Laws and Surrogate, duly to administer.

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