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Monday, 20 November 2017 12:25 AM GMT

Thomas Major of Hungerford 1771 - 1843, His Will

I have transcribed this will. For ease of referring to original, line breaks are as on the original and page breaks from the original are marked by blank lines. Round brackets are as in the original but square brackets are round items I could not read. Thomas was the eldest son of Thomas Major of Stockbridge.

 This is the last Will and Testament

of me Thomas Major of Hungerford in the County of Berks a
Surgeon. I desire that my body may be interred in the Cemetery
yard of this parish by the side of my dear wife and that my
funeral may be conducted in a similar manner to hers under
the direction of my executors and that a small tablet may be erected
to my memory within a reasonable period after my decease
Whereas under and by virtue of the settlement made previously
to my marriage with my late dear wife Sarah the daughter of
John Pearce late of Standen Hussey in this parish esquire deceased
and also under and by virtue of the last will and testament of the
said John Pearce the several sums of one thousand five hundred
and seventy five pounds, one thousand six hundred pounds and
two thousand three hundred pounds were settled and vested in trus
tees subject nevertheless to a power in such settlement or will contained
enabling me in and by my last Will and Testament to be
signed sealed and published in the presence of two or more credible witnesses
to appoint or bequeath the same unto my children by my
said late wife in such parts shares or proportions manner
and form as I should direct I now in pursuance and exercise of such
power or powers so vested in me. I do by this my last will and testament
 to be executed in the presence of and attested by two or or more
 credible witnesses direct limit and appoint give and bequeath the
 said several sums of one thousand six hundred pounds and two
 thousand three hundred pounds (now invested on mortgage of an
 estate belonging to me situate at Letcomb Regis in the said County
 of Berks and the said sum of one thousand five hundred and
 seventy five pounds now standing in my name in the three per
 cent consolidated Bank annuities into and amongst my said child-
 ren in the following shares and proportions, unto my son Thomas
 Major the sum of one shilling which I declare to be his full share
 and interest in the said several sums of one thousand six hundred
 pounds two thousand three hundred pounds and one thousand five
 hundred and seventy five pounds and all dividends and interest
 thereon and unto my other children Harry Hopkins Pearce Major
Stephen John Pearce Major William Major Sarah Major and Clara
Major the residue of the several sums of one thousand six hundred
pounds two thousand three hundred pounds and one thousand
five hundred and seventy five pounds and all dividends and interest
thereon equally between them and it is my wish and desire that
the shares of each of my children last mentioned may be held and
invested by my trustees hereinafter to be appointed upon the trusts
and for the ends intents and purposes hereinafter mentioned and
declared in respect to the money to arise by sale of my freehold leasehold
 and copyhold messuages lands tithes hereditaments and
 premises farming stock household furniture and effects and I hereby
 nominate and appoint my brother William Major of Andover
 Chemist and druggist my said son Harry Hopkins Pearce Major
 my said daughter Sarah Major and my friend William
 Alexander of Hungerford aforesaid ironmonger joint executors of
 this my will and trustees for the purposes hereinafter mentioned
 and give to each of my said executors the legacy of ten pounds
 
 as an acknowledgement for the trouble they may have in the
 performance of the trusts hereby in them reposed I also give unto
 each of my said daughters Sarah and Clara the legacy of one hundred
 pounds in addition to their shares in my property hereinbefore
 and hereinafter mentioned and I direct the same to be paid
 them by my executors as soon as conveniently may be after my
 decease I give devise and bequeath and in pursuance of all and
every power and powers in me vested or in anywise enabling me
thereto I direct limit and appoint all and every my messuages
tenements farm lands titles hereditaments and premises situate
at Letcomb Regis aforesaid and all other my freehold leasehold
and copyhold messuages lands tenaments tithes hereditaments and
premises whatsoever and whersoever situate and all my household
goods and furniture and consumable stores live and dead farming
stock money and securities for money debts and all other my
 personal estate and effects whatsoever (except my share and interest in
 the profession and practise of Surgeons and Apothecaries carried out
 by me in partnership with my said son Harry Hopkins Pearce
 Major and the stock in trade fixtures and effects connected therewith
 and which have hereafter given to him my said son for his own
 absolute use and benefits and which I have in law or equity my
 power to dispose of appoint give devise or bequeath unto my said
 trustees the said William Major Harry Hopkins Pearce Major Sarah
 Major and William Alexander their heirs executors administrators
 and assigns according to the nature and tenure of the same upon [...]
 that they my said trustees or the survivors or survivor of the do and
 shall absolutely sell and dispose of the same and convert all my
 property into money, the time order and conditions of sale to be
 in the entire discretion of my said trustees or the survivors or
 survivor of them and also the price or prices to be paid for the same on
 any such sale or sales and I hereby direct that they my said trustees
 or the survivors survivor of them shall stand possessed of the
 money to be produced by such sale or sales and conversion money
 and securities for money property and effects in the first place for
 payment of my just debts testamentary and funeral expenses and
 the said legacies of one hundred pounds hereinbefore given to each
 of my said daughters Sarah Major and Clara Major and after
 payment thereof upon trust to stand possessed of the residue thereof
 and invest the same in the funds or on real security at interest
 in their his or her names or name for the benefit of my said
 five children the said Harry Hopkins Pearce Major Stephen John
 Pearce Major William Major Sarah Major and Clara Major in
 equal shares and proportions but upon the trusts and for the ends
 intents and purposes hereinafter mentioned, upon trust that they
 my said trustees or the survivors or survivor of them or the
 trustees or trustee for the time being of this my will do and shall
 receive the dividends interest or annual produce thereof and pay
 the same unto my said five children in equal shares and proportions
 for his or her life and do and shall after the death of each
 child stand possessed of his or her portion of the said principal fund
 with all dividends or interest to arise or [....] due thereon in a
 trust for all the children or an only child if there should be put
 one of such deceased child and who shall live to attain the age
 of twenty one years in such part shares and proportions and
 under such restrictions as such child shall by any deed or deeds in
 writing or by his or her last will and testament direct and
 appoint and for want or in default of any such direction or
 
 appointment upon trust for all the children or only child of such
 deceased child who shall live to attain the age of twenty one years
 and if either of my said five children shall die without leaving
 any child who shall acquire a vested interest in his or her portion
 then the portion of such child so [...] shall go and be paid to such
 person or persons as such child shall in and by his or her last will
 and testament give or bequeath the same and in default of any
 such will or bequest unto and equally between all my Grandchildren
 who shall live to attain the age of twenty one years and I declare
 that the interest for life of my said daughters Sarah Major and Clara
 Major shall be held by my said trustees or trustee for the time being
 for their seperate use exclusively and independantly of any husband
 they might marry and whereas an attachment was formed and
 might still exist between my said daughter Clara and Alfred
 William Jugpen and although I have every confidence in my said
 daughter that she will not from her dutiful and considerate [.....]
 towards and marry the said Alfred William Jugpen unless he should
 be settled in life with fair prospects and capable of maintaining a
 respectable establishment. yet in case after my death an alteration
 should take place in her sentiments in that respect I do hereby expressly
 declare order and direct and that I without wishing or intending
 to cast the slightest reflection on her but with the sole view of taking
 care of her by preventing an alliance that I fear could not be [...]
 [..] with advantage or ultimate [...] to either party that is my said
 daughter Clara shall marry the said Alfred William Jugpen unless
 he should be so settled in life as aforesaid and with the consent
 of the trustees or trustee for the time being of this my will under
 their or his hand or hands in writing that every bequest so made
 to or in favour of my said daughter so far as I am capable of controlling
 the same shall cease and be void and then and from thenceforth
 I direct my said trustees or trustee for the time being to stand
 possessed of the said principal sum the interest whereof my said
 daughter is entitled to for her life as aforesaid and all dividends and
 interests arise and accrue due thereon for the benefit of the child or
 children of such marriage until he she or they attain the age of
 twenty one years to whom I give and bequeath the same in such
 parts shares and proportions manner and form and under such
 restrictions as my said daughter Clara notwithstanding her [...]
 ture shall by deed or by her last will and testament direct and appoint
 and in default of any such direction or appointment interest
 for all the children of my said daughter Clara who shall live to
 attain the age of twenty one years if more than one in equal
 shares and proportions and if but one child then the whole to such
 only child and I declare that if either of my said five children
 shall sell assign charge or dispose of his or her interest for life or [..]
 any all whereby the same may become vested in or payable to any
 other person or persons or shall become bankrupt or take the benefit
 or any law for the relief of insolvent debtors that the interest for
 life of such child shall cease and be void and I direct that my said
 trustees or trustee shall thenceforth stand possessed of the same at
 their his or her discretion to apply the same for the maintenance
 education or support of the wife or the issue of such child as
 the case may be provided always and I hereby direct authorise
 and empower my said trrustees or trustee for the time being from
 time to time and at any time to call in sell and dispose of all or
 any of the stocks funds or securities in or upon which the whole or
 any part of the said trust monies shall be invested and also to
 
 place out and invest the same in any stocks or funds
or upon such activity and from time to time to alter vary and
transpose such funds and securities as often as may be considered
expedient provided also and thereby declare that if either of
my said five children hereinbefore mentioned shall be desirous of
purchasing any part of my said messuages or tenements lands
hereditaments and premises or any part of my household furniture
farming stock plate books pictures or other effects then and in
such case I hereby direct my said trustees or trustee to sell and
convey the same to such child or children at such price or prices
as they my said trustees or trustee shall think fair and reasonable
or at a valuation to be made in the usual manner and I
hereby authorise and empower them my said trustees or trustee
to assess and [......] security for the price or consideration to be
paid by such child or children for the same as they shall in their
discretion think sufficient and in the event of any disagreement
arising between my said children in respect to any such purchase
or purchases it is my will and desire and I hereby direct that the
majority of my said trustees shall settle and adjust such difference
and disagreement and that my said children shall be bound
by their decision. Provided also and I hereby declare it my wish
and desire and direct authorize and empower my said trustees
to continue the possession and occupation of the dwelling house and
premises in which I now reside for any period after my
decease that they may in their discretion think fit and desire for
the convenience of themselves and the accomodation and comfort
of my daughters paying all rates taxes and outgoings and
the expenses of housekeeping out of my general estate I give and
bequeath unto my said son Harry Hopkins Pearce Major all my
share and interest in the profession and practise of Surgeons and
Apothecaries carried out by me in partnership with my said son in
excepting my share in the book debts and also all the stock in trade
fixtures and effects converted therewith for his own use and benefit
Provided always and I do hereby declare order and direct that
all such sum or sums as I have advanced to my said three sons
Harry Hopkins Pearce Major Stephen John Pearce Major and
William Major and appearing in my general account book to be
due from them to me shall be added to and taken as part of my
property for division by my said trustees with interest thereon and
that the amount advanced and due from each of my said sons
shall form part of his share and portion in my said estate in
and effects provided also and I do hereby declare it my wish and
direct authorize and empower my said trustees or trustee for the
time being if they or he should think it advantageous to my said
children so to do not withstanding anything hereinbefore contained
to the contrary to advance and lend to any or either of my
said five children any portion not exceeding one half of his
share the annual income whereof I have by this my will directed
my said trustees or trustee to pay and apply to them during
their lives only on his or her bond or other personal security only
for the purpose of enabling him or her to enter into any business
or otherwise for his or her benefit in life and without being in
any manner responsible or liable for any loss that may be sustained
or incurred thereby and in the event of any such loss arising
the same shall be borne by the child to whom such advance
shall be made and shall be considered as part of his or her share
in my said Estate and Effects and I will and declare that all such
 
furniture books and other articles by me given in my lifetime
to my said children and which will appear in my said general
account book shall be considered and treated as the property of such
child and children and be delivered to them respectively by my
said executors provided also and hereby expressly declare that if
any or either of my children or any person for them or on their
behalf or [remaining] by through or under them or either or any
of them and either directly or indirectly shall dispute question or
litigate or commence any suit or proceedings in Law or Equity in
respect of or relating to any devise appointment or bequest herein
contained and intended to be hereby made or shall not acquiesce
in the same and join and concur in all [...] instruments as
may be required by my said trustees or trustee for giving effect
to this my will and my intentions herein expressed then and in
such case I direct that the share or shares of such child or children
and all benefit of and in the same hereinbefore given appointed
and bequeathed to or in trust for him her or them shall be forfeited
and held by my said trustees or trustee for the benefit of the
other or others of my said five children hereinbefore mentioned
upon the same trusts ends intents and purposes as are hereinbefore
declared [....] my residuary Estate provided also and
I hereby declare that it shall and may be lawful for my said
trustees and the survivor to sign and give any receipt or [.....]
or other discharges for any sum or sums of money which shall
be payable to him or them under or by virtue of this my will
and that the purchaser or purchasers of all or any part of my
said trust estate and premises and other persons paying to them
or him any sum or sums of money and take my their or his
receipts for the same accordingly shall not be afterwards answerable
or accountable for the loss misapplication or nonapplication
of the money which in such receipt or receipts or other discharges
respectively shall be acknowledged to have been received provided
also and I hereby declare that if either of my said trustees hereby
 appointed or to be appointed as hereinafter mentioned shall depart
 this life or refuse or become incapable to act in the trusts as
 hereby reposed then and as often as it shall happen it shall be
 lawful for the surviving or continuing trustees for the time being
 or the executors or administrators of the last surviving or continuing
 trustee with the consent of such of my said five children
 as shall then be living by writing under their his or her [...]
 hands or hand to appoint one or more person or person to be a
 trustee or trustees in the place of the trustees or trustee so dying
 or refusing or becoming incapable to act as aforesaid and their
 upon the said trust monies funds securities and premises shall
 be vested in the new trustees or trustee jointly with the continuing
 or surviving trustees or trustee x shall have the same powers and authorities
 to all intents and purposes whatsoever as if he had been in
 originally named a trustee in this my will provided lastly and [..} I
 declare that my said several trustees hereby nominated and appointed
 or to be nominated and appointed by virtue of the proviso lastly
 hereinbefore [...anied] and each and every of them shall respectively actually
 receive by virtue of the trusts hereby in them reposed and any
 one or more of them shall not be answerable for
 the other or others of them or for the acts [...] or neglects or defaults
 of the other or others of them but each of them only for his and
 
 her own acts neglects or deefaults and that it shall and may
 be lawful for my said trustees or trustee by and out of the
 monies which shall come to their hands to retain and reimburse
 themselves and himself all costs and expenses which they or any of
 them shall or may sustain or be put [..] in or about the execution
 of the aforesaid trusts or in relation thereto I give and devise all
 and every the messuages lands tenements tithes hereditaments
 and premises whatsoever and wheresoever whereof I am seized or
 entitled by way of mortgage or as a trustee for any other person or
 persons with their and every of their appurtenances and all my
 Estate and interest therein unto the said William Major Harry
 Hopkins Pearce Major Sarah Major and William Alexander their
 heirs executors administrators and assigns according to the nature of
 the said respective Estates upon trust and to the intent that the said
 William Major Harry Hopkins Pearce Major Sarah Major and
 William Alexander and the survivor of them and the heirs executors
 or administrators of such survivor or the trustees or trustee for the
 time being of this my will do and shall convey release surrender
 assign and ajoure the same with the appurtenances unto or for the
benefit of such person or persons and for such uses trusts and intents
and purposes as I now stand seized or possessed of the same I nominate
and appoint my said brother William Major Guardian of my
daughters and lastly I hereby revoke all former wills codicils and
testamentary dispositions by me at anytime heretofore made
and declare this only to be my last will and testament on witness
whereof I the said Thomas Major the testator have to this my
last will and testament written and contained in seven sheets of
paper set in my hand this twenty ninth day of June one thousand
eight hundred and forty three - Thomas Major - Signed by the testator
Thomas Major in the presence of us present at the same time […]
In his presence at his request and in the presence of each other we
have hereunto set our names as witnesses Jn Matthews Solr
Hungerford - [ebonjn] Alexander Grocer Hungerford
 
Proved at London 29th ffebruary 1844 before the Judge by
the oaths of William Major the brother Harry Hopkins Pearce
Major the son and Sarah Major spinster the daughter of the deceased
and William Alexander the Executors to whom Admon was
granted having been first sworn by [....] only to administer [..]
[                ] for the force and validity of the said will
having been first made and interposed as by [Arts] of Court appears.
 
 

 

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