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Will of ROBERT WATERS 1865 and codicils
Paragraphs and puctuation have been added for the sake of clarity
Will of Robert Waters 1865
This is the last Will and Testament of me Robert Waters of Freethorpe in the County of Norfolk Yeoman. Whereby being well and of perfect mind and memory (thanks be given unto God for the same) but calling to mind the mortality of the body knowing that it is appointed unto man once to die, I do devise, bequeath and dispose as follows (namely) I give and recommend my soul into the hands of Almighty God who gave it and my body I wish to be interred in decent Christian burial at the discretion of my Executors hereinafter named nothing doubting but that at the general Resurrection I shall receive the same again by the Almighty power of God.
I give to my dear Wife a legacy of Ten pounds sterling to be paid to her immediately after my decease. I also give to my said Wife an Annuity or clear yearly sum of fifty two pounds sterling (reducible as hereinafter provided) to be issuing out of and charged upon my Freehold Marshes at Limpenhoe in Norfolk containing twenty two acres and a half or thereabouts purchased by me of Mr Leathes or his Representatives and to be payable and paid to her by equal quarterly payments commencing at the expiration of six Calendar Months next after my decease. And I give to my said Wife all my Household Furniture and Household Chattels and effects in and about my Dwelling House for her own use.
And as to for and concerning all my money securities for money, live and dead Farming stock, Crops and other, my personal Estate Goods, Chattels and Effects whatsoever and wheresoever over which I have any power of disposition (subject to my debts including any Mortgage or Incumbrance existing upon my Real Estate and my funeral and testamentary expenses) I give and bequeath the same unto my said Executrix and Executors hereinafter named Upon Trust to call in, collect and convert the same into money. And stand possessed of the net money thence arising Upon the Trusts hereinafter declared.
And I hereby authorise, empower and direct my said Executrix and Executors hereinafter named or the survivors or survivor of them or the executors or administrators of each survivor as soon as convenient after my decease to make sale and absolutely dispose of all and every my messuages, cottages, lands, hereditaments and Real Estate in Freethorpe aforesaid and Limpenhoe aforesaid and elsewhere in the said County of Norfolk other than and except my said hereditaments and Real Estate in Limpenhoe aforesaid (late Leathes) hereinafter devised either by public auction, private contract or partly by public auction and partly by private Contract and in one or more lot or lots and for such price or prices and subject to such conditions of sale and generally in such manner as they my said Executrix and Executors or Executor for the time being shall think fit with full power to buy in and resell such hereditaments without liability for accruing costs and to spare the same when sold to the purchasers thereof. And I hereby direct and declare that my said Executrix and Executors for the time being do and shall stand possessed as well of the net monies to arise by the sale or sales of my said hereditaments and Real Estate hereinafter directed to be sold on my decease and the intermediate Rent of such hereditaments (if any) as also of the net money to be produced by the conversion of my said general Residuary personal Estate and Effects as aforesaid Upon Trust to pay and divide all the same Monies unto and among my children: William Waters, Mary Ann Youngs, Robert Waters, Martha Youngs, Henry Waters and Elizabeth Tills in equal shares and proportions.
And I give and devise all and every my Marshes, Lands and hereditaments situate and being in Limpenhoe aforesaid (late Leathes) charged with the said Annuity to my said Wife, unto my son Henry Waters and my Nephew James Waters my two trustees hereinafter named to hold to them, their heirs and assigns Upon Trust to let devise and manage the same as they shall think most advantageous during the life of my said Wife and to receive and take the rents there from time to time arising and thereby and therewhen in the first place to pay to my said Wife the said clear yearly sum of fifty two pounds hereinbefore bequeathed to her (or as much thereof as the yearly Rent of the said Marshes will extend and suffice to pay) by equal quarterly payments as aforesaid commencing as aforesaid and subject thereto from time to time to place and deposit the surplus (if any) of such Rents in the name or names of them my said Trustees or Trustee in some public Bank in Norwich and permit the same there to accumulate and remain until the decease of my said Wife. And from and after her decease, Upon trust to make sale and absolutely dispose of all and every my said Marshes and hereditaments in Limpenhoe aforesaid in the same manner and with the like authorities and discretions in all respects as I have hereinbefore provided concerning the Sale or sales of Real Estate directed to be made after my decease as aforesaid. And I direct and declare that my said Trustees or Trustee for the time being exercising the said last mentioned Trust and power of sale do and shall stand possessed as well of the net monies arising from such last mentioned sales as also of the monies produced by the deposit and accumulation of the surplus Rents of my said Real Estate at Limpenhoe aforesaid and any Rents accruing until completion of such sales as aforesaid. Upon trust to pay and divide the same unto and among all my children hereinbefore named in equal shares and proportions the shares of all such children in such last mentioned Trust monies to be deemed as Interest absolutely vested in each of them immediately on my decease and the shares of each of my said Daughters in this and the preceding trust monies to be paid to them for their respective separate use independently of their respective husbands provided always.
And I hereby declare that if at any time during the life of my said Wife the net rents arising from my said marshes in Limpenhoe shall not be sufficient in amount to pay to my said Wife the said clear Annuity of fifty two pounds hereinbefore bequeathed and directed to be paid to her as aforesaid. Then and so often as the same shall happen the entire net years Rent of the said marshes shall be paid to my said wife by my said Trustees and shall be accepted by her as and in lieu and instead of the said Annuity of fifty two pounds during the year in which such deficiency shall happen and so from time to time as often as the same shall occur and in such case my said Trustees shall not be liable or bound to make good the deficiency of any one year in any succeeding year or years.
And I appoint my said Wife Executrix and my said Son Henry Waters and my said Nephew James Waters Executors and Trustees hereof. And I exempt every Executor and Trustee hereof from all liability for any involuntary loss and empower every such Trustee to reimburse himself and allow to his Co Trustee or Trustees all reasonable costs charges and expenses. And revoking all former Wills by me made I declare this my last (?Last willand testament?) whereof I the said Robert Waters have to each sheet of this my last Will and Testament contained on three sheets of paper set my hand this fourteenth day of October one thousand eight hundred and sixty five.
The mark of
X
Robert Waters
Signed published and declared by
the said Robert Waters the Testator as
and for his last Will and Testament in
the presence of us who being both
present at the same time in his
presence at his request and in the
presence of each other have subscribed
our names as Witnesses hereto. The words
"charged with the said Annuity to my
said Wife" having been first interlined
in the second sheet hereof the same
having been first read over to the said
Robert Waters the Testator who appeared
perfectly to understand the same and
made his mark thereto in our presence .
Fred Fox Job Norwich
William ClarkeThe mark of
X
Robert Waters
This is a Codicil to the last Will and Testament of me Robert Waters formerly of Freethorpe in the county of Norfolk but now of Limpenhoe in the said County Yeoman which Will bears date the fourteenth day of October one thousand eight hundred and sixty five. Whereas since the date and creation of my said Will I have sold and conveyed to my sister Maria Waters about seven acres of my freehold marshes at Limpenhoe aforesaid (late Leathes) on which the Annuity of Fifty two pounds a year by my said Will given to my Wife is charged. And whereas in order to fully and effectually secure the said annuity of fifty two pounds I am desirous of substituting for the said marshes so sold to my said sister as aforesaid certain other hereditaments belonging to me being a portion of the real estate which I have by my said Will directed my Trustees therein named to sell after my decease. Now I do hereby revoke and annul the power of sale in my said Will contained so far and so far only as the same affects my single Cottage and garden situate at Limpenhoe aforesaid adjoining the marshes late Leathes which together with other real estate is by my said Will directed to be sold after my decease. And I give and devise the said last mentioned Cottage and garden with the appurtenances unto my said Son Henry Waters and my Nephew Henry James Waters (in my said Will by mistake called Henry Waters) to hold the same to them their heirs and assigns. Upon and for the same or the like Trusts ends, intents and purposes and subject to the same or the like powers, provisors and declarations in all respects as are in and by my said Will expressed or declared concerning my aforesaid marshes and hereditaments (late Leathes). And I declare that the said annuity of fifty two pounds by my said Will bequeathed to my said Wife shall be charged upon my said Cottage and Garden hereinbefore devised to the Trustees of my said Will in addition to the aforesaid marshes (late Leathes). And I do hereby declare that if any Child of mine shall die in my lifetime and any child or children of such child of mine shall be living at my death the share to which each child of mine so dying would if living at my death have been entitled under the Trust in my said Will contained shall be held in trust for the Child or Children of such Child of mine who shall be living at my death and if more than one in equal shares. And I hereby declare that although the said Henry Waters and Henry James Waters are appointed Trustees of my said Will and they or either of them shall accept the trusts thereof it shall be lawful for the said Henry Waters and Henry James Waters or either of them to purchase at a sale by public auction (a reserved price having been fixed by the auctioneer) all or any part or parts as well of the hereditaments by my said Will directed to be sold at my decease as of the hereditaments thereby devised in trust for sale at the decease of my Wife provided always that after an unsuccessful attempt to sell any hereditaments by public auction it shall be lawful for the said Henry Waters and Henry James Waters or either of them to purchase the same by private contract at a price or at prices to be fixed by the auctioneer who shall have acted at the sale or in the event of his death or refusal to act then by some respectable land agent carrying on business at Norwich to be nominated by the trustees or trustee for the time being of my said Will. In witness whereof I have hereunto set my hand this thirteenth day of February one thousand eight hundred and seventy five.
The mark of
X
Robert Waters
Signed by the said Robert Waters as
and for a Codicil to his Will in the
presenceof us present together with
him at the same time who in his presence
at his request and in the presence of each
other have hereto subscribed our names as
witnesses and we certify and declare that
this Codicil was read over to the said Robert
Waters in our presence before the execution
of the same by him and that he had at that
time full knowledge of its contents.
J Wilson Gilbert
Job Norwich
Henry Leese his clerk
This is a second Codicil to the last Will and Testament of me Robert Waters of Limpenhoe in the County of Norfolk Farmer which Will bears date the fourteenth day of October one thousand eight hundred and sixty five. First I revoke and make void the appointment of my Wife as my Executrix of my Will. Whereas by my Will I have bequeathed my residuary personal Estate to certain Trustees therein named upon trust to divide the same equally between all my Children therein named and I have directed my Trustees to sell the real estate therein mentioned as to a portion thereof immediately after my decease and as to another portion thereof at the decease of my said Wife and to divide the proceeds arising from such sales equally amongst all my Children therein named . And whereas it is my wish to settle the shares of my residuary Estate by my said Will bequeathed in favour of my Sons William Waters and Robert Waters. Now I hereby declare that the said shares in my Residuary personal Estate including the moneys to arrive from the sale of my said real estate by my said Will bequeathed in favour of my said Sons William Waters and Robert Waters respectively shall be held by my Executors Henry Waters and Henry James Waters upon trust to invest the same shares respectively on any securities in which Trustees are or may be authorised to invest trust funds with power to alter and vary such investments in such manner as my said Executors shall think fit and upon trust to pay the interest dividends and annual income arising from the investment representing the said share of my said Son William Waters to the said William Waters for his life and from and immediately after his decease upon trust to divide the same and all accruing dividend interest or accrual equally amongst all the children of the said William Waters living at his death share and share alike and if there shall be only one such child the whole of the said trust fund to be in trust for one such child absolutely. And as to the investment representing the said share of my said Son Robert Waters upon trust to pay the interest dividends and annual income arising from the investment representing the said share of my said Son Robert Waters to the said Robert Waters during his life and from and immediately after his decease upon trust to divide the same equally amongst all the Children of the said Robert Waters living at his death share and share alike and if there shall be only one such Child the whole of the said last mentioned share to be in trust for such one child absolutely. In all other respects I confirm my said Will in which whereof I the said Robert Waters the Testator have to this second Codicil to my last Will and Testament set my hand this twenty third day of June in the year of our Lord One thousand eight hundred and seventy seven.
The mark of
X
Robert Waters
Signed by the said Robert Waters the
Testator as and for a Codicil to be added
to his last Will and Testament in the
presence of us present at the same time
together and with him who in his
presence at his request and in the
presence of each other have subscribed our
names as Witnesses. And we hereby certify
that the same was first read over to the
said Robert Waters in our presence who
seemed perfectly to understand the same
and made his mark thereto in our
presence.
J Wilson Gilbert
Ld Norwich
Daniel Havers
Clerk to Messrs Overbury and Gilbert
Ld Norwich.
Proved at Norwich with two Codicils the nineteenth day of May 1885 by the oaths of Henry Waters the Son, and Henry James (in the Will written James) Waters , the nephew the Executors to whom administration was granted.
The Testator Robert Waters was formerly of Freethorpe, afterwards of Limpenhoe, and late of Freethorpe aforesaid, All in the County of Norfolk Farmer and died on the eighth day of March 1885 at Freethorpe aforesaid.
Under £800. No leaseholds.
Messrs Overbury and Gilbert
Solicitors, Norwich.
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