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
