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Tuesday, 21 November 2017 06:20 AM GMT

John Pearce of Standen Hussey - 1804 His Will

In this will transcript [ ] indicate items I could not decipher.

In the Name  of God Amen
I John Pearce of Standen Hussey in the parish of
Hungerford in the County of wilts Esquire
being of sound mind and memory understanding thanks
be to God for the same and considering the uncertainty
of this transitory life do make publish and declare
this to be my last Will and Testament in manner and
form following that is to say first I will and direct
that all my just debts funeral expenses and the
charges of proving this my last Will and Testament
be fully paid and satisfied by my Executors hereinafter
named I give and devise unto my son Stephen
pearce and his heirs all that my ffreehold messuages
or Tenement Lands hereditaments and premises
called Poulsdens situate in the parish of Shalbourne
in the County of Berks in my own occupation
and also all that ffreehold messuage or tenement
situate in Hungerford aforesaid lately let on lease
to and now in the occupation of Mr George Ryley
attorney at Law with the Garden outbuildings
commons and appurtenances thereto belonging and
also all that tenemant formerly the White Bear
Inn situate in Charnham Street in the said
parish of Hungerford in the County of Wilts and
now occupied as three tenemants in the occupation
of Joseph [...] William Brown and Timothy
[Jurrell] with the Stables and appurtances thereto
belonging part whereof are in the occupation of Mr
James Portor to hold unto my said son Stephen
Pearce his heirs and assigns for ever I give
and devise all that my ffreehold messuage or
 tenemant situate at Hungerford aforesaid with
the Garden outbuildings Commons and appurtanences
thereto belonging in the occupation of Mr Thomas
Major Surgeon unto my ffriends and trustees John
Goodman of Oare in the said county of Wilts esquire
and William Smith of the parsonage ffarm in the
said parish of Hungerford Gentleman the trustees
named in a certain Indenture of Settlement
bearing date the twenty fifth Day of December last
made upon the Marriage of the said Thomas
Major with my Daughter Sarah to hold unto the
said John Goodman and William Smith and their

heirs to for and upon the several uses Trusts
Ends Intents and purposes hereinafter mentioned
expressed and declared of and [...] the same that
is to say to the use of my Son in Law the said Thomas
Major and his assigns for and during the term of
his natural life without [   ] of or for
any manner of waste save pulling down the
same or any part thereof or suffering the same
to fall without rebuilding and from and after the
determination of that estate by forfieture or
otherwise to the use and behoof of my daughter
Sarah the wife of the said Thomas Major for
and during the term of her natural life without
Improvement of or for any manner of waste
save as aforesaid and from and immediately
after the Determination of that Estate by fforfeiture
or otherwise to the use and behoof of them the
said John Goodman and William Smith and
their [  ] during the life of the survivor of
them the said Thomas Major and Sarah his
wife in trust to support the Contingent uses and
Estates hereinafter limited from being defeated and
destroyed and for that purpose to make [...] and
bring actions as the case may require yet
nevertheless to permit and suffer the said Thomas
 Major and Sarah his Wife and for Survivor of
 them his and her assigns as they shall come
 into the possession of the said Estate to [...]
 take and receive the rents [ ] and profits [ ]
 during the time of their natural lives and from
 and immediately after the Decease of the Survivor
 of them the said Thomas Major and Sarah his
 wife to the use and behoof of the first and all and
 every other son and sons of the Body of the said
 Thomas Major on the Body of the said Sarah
 his wife lawfully to her begotten successively as
 they shall be seniority of age and priority of
 Birth and the heirs male of his and their Body
 and Bodies lawfully issuing and in default of
 such issue to the use and behoof of all and every
 the Daughter and Daughters of the Body of the
 said Thomas Major on the Body of the said
 Sarah his wife lawfully to be begotten and her and
 their heirs if more than one as Tenants in Common
 and not as Joint Tenants and in default of such
 issue to the only proper use and benefit of my said
 Daughter Sarah the wife of the said Thomas
 Major and her heirs for ever and to and for no

 other use intent or purpose whatsoever and whereas
 I value the messuage or Tenement Garden out
 Buildings and premises so devised as aforesaid In
 Trust for the use of the said Thomas Major
  and Sarah his wife and their issue at the sum of
  seven hundred pounds now I do therefore give and
  bequeath unto the said John Goodman and William
  Smith and the Survivor of them his Executors and
  administrators in Trust for the purposes hereinafter
  mentioned the further sum of two thousand three
  hundred pounds making together with the value of
  the said hereditaments and premises and with the
  sum of two thousand pounds advanced by me as
  my Daughters portion on her marriage with the
  said Thomas Major and included in the said marriage
  settlement will make together the sum of five
  thousand pounds which I consider as a Daughters
  full share of my Estate and Effects and I hereby
  declare that the said John Goodman and William
  Smith and the survivor of them and his Executors
  or administrators shall lay out and invest the said
  sum of two thousand three hundred pounds in
their joint names or the name of the survivor of
them on Government or [...] Security and call in
  and remove the same as occasion shall [..   ] require and
from time to time and at all times to stand possessed
thereof and of all interest dividends or other annual
product thereof in trust to and for such uses
ends intents and purposes and to be laid out and
invested in such like manner and form and from
time to time to be paid applied and disposed of for
the use and benefit of the said Thomas Major and
Sarah his wife and the children of such marriage
to all intents and purposes and at such times in such
shares and proportions manner and form as is
expressed and declared of the sum of one thousand
six hundred pounds advanced by me and vested in the
said John Goodman and William Smith by virtue
of and upon the trusts named in the said indenture
of settlement made on the marriage of the said
Thomas Major and Sarah his wife so that the
said sum of two thousand three hundred pounds so
now bequeathed may become part of the said Trust
ffund for the purposes of the said settlement as
if the same had been then made part thereof I
give and bequeath unto my Daughter Elizabeth
Pearce the sum of five thousand pounds to be paid
 out on her attaining the age of twenty one years or
 Day of marriage which shall first happen such
 marriage being with the consent in writing of my
 several executors hereinafter named I give and
 
 devise all those my several Copyhold ffarms Lands
 Tenemants Cottages and hereditaments situate at
 Motcombe in County of Dorset part and parcel of
 the Manor of Gillingham as now in the tenure
 or occupation of Thomas Mitchell James [Hunby]
 and others and the Capital Messuage or Tenement
 and premises now untenanted and all other my
 copyhold hereditaments within the said Manor
 which I have surrendered to the use of my last
 will unto the said John Goodman and
 William Smith John Butcher of Easton in the
 County of Wilts Gentleman and ffrancis Lovelock
 of abington in the County of Berks Gentleman and
 their heirs to the uses upon the Trusts and to and
 for the use intents and purposes hereinafter
 mentioned expressed and declared of and concerning
 the same that is to say to and for the use interest
 and purpose that my Dear wife ann pearce and
 her assigns shall and may from and immediately
 after my demise yearly and every year during
 her natural life [........]and take to her
 own use out of all and every the said several
 copyhold ffarms and Estate within the said Manor
 of Gillingham one annuity or yearly rent charge
 of one hundred and fifty pounds of lawful money
 of the united Kingdom of Great Britain and
 Ireland as a Current in England which annuity
 I give and bequeath unto her my said dear
 wife and her assigns for and during the term of
 her natural Life and I direct the same to be
 paid and payable free and clear of and from all
 Taxes Charges and deductions whatsoever parliamentary
 or otherwise on the two most usual ffeasts or Days
 of payment in the year that is to say on the sixth
 Day of April and the eleventh Day of October by
 equal portions in every year the first payment
 thereof to become due begin and be made on such
 of the said days as shall first and not happen after my
 decease and to and for this further use Intent
 and purpose that in case the said annuity or
 yearly rent charge of one hundred and fifty
 pounds or any part or parts thereof shall
 be behind or unpaid by the space of three
 calendar months next over or after any of
 said days whereof the same is hereinbefore
 appointed to be paid as aforesaid then it shall
 and may be lawful to and for my said wife
 and her assigns into all and every the said
 copyhold ffarms lands tenements and hereditaments
 or into and upon any part thereof to enter and

 distrain and the distress and distresses there found to
 take lead drive carry away and in pound and in pound
 to detain and keep or otherwise to dispose thereof
 [...] to the due course of Law until she or they
 shall be fully paid and satisfied the said annuity
 or yearly rent charge of one hundred and ffifty
 pounds and all dividends thereof and all costs charges
 and expenses occasioned by the nonpayment thereof
 on the days and times in that behalf before
 mentioned I give and bequeath unto my said dear
 wife the sum of one hundred pounds to be paid
 within one month next after my decease towards
 buying her ffurniture I also give and bequeath unto
 my said wife all such plate as shall appear to
 have formerly belonged to her and which were at
 that time marked with the initials of her maiden
 name a c and which shall be in my possession at the
 time of my decease to be delivered to her as soon as
conveniently may be after my decease I also give
unto my said wife my Bed and Bedstead with the
ffurniture thereof sheets blanketts bolsters counterpanes
bed bedding and appurtanences thereto belonging which
now are in my dwelling house and on which we
usually sleep to be delivered to her as soon as may
be after my decease and I hereby declare my intent
and meaning is that the provision and maintenance
hereby by me made for my said dear wife is to be in
full bar lieu and satisfaction of all dower thirds or
free [...] at common law by the statute or
any custom whatsover which she could or might
remain out of my freehold properties or personal
estate and as to for and continuing all and every the
said several copyhold ffarms lands tenements and
hereditaments with each and every of their appurts
from and immediately after my decease subject to the
said annuity of one hundred and fifty pounds and
the power of [....] the same and also all other
my ffreehold copyhold and leasehold messuages or
tenements cottages closes lands and tenements hereditaments
and premises whatsoever in possession reversion remainder
or expectancy and also all the stock on my ffarm money securities
for money and all other my personal estate and effects of
what nature or kind soever and wheresoever I give and
devise the same and every part thereof unto the said
John Goodman William Smith John Butcher and
ffrancis Lovelock their heirs executors and admons in
trust to sell and dispose of the said stock and collect
get in and receive all such debts and demands as may
be out and owing to me at the time of my decease or
may then after  become one or such part thereof

shall appear to them not to be [...] secured
or may be necessary and after payment thereof of
all my just debts testamentary and ffuneral expenses
to lay out and invest the residue thereof at interest on
government or war security and that they my said
trustees and the survivor of them and the heirs
executors and administrators of such survivor
shall stand possessed of the trust fund so to be laid
out and invested and also of all other my personal
estate and effects in trust to service at annual interest
dividends or other products thereof and also the rents
and profits of all my said ffreehold copyhold and
leasehold estates subject to aforesaid and by and
out of the annual product thereof to pay unto my
daughter Ann the wife of Lieutenant Lidderdale of
the 15th Light Dragoons one annuity or yearly sum
of two hundred and twenty five pounds to whom I
give and bequeath the same as the interest at four
pounds ten shillings per centum per annum of the
sum of ffive thousand pounds intend hereby to settle
as her portion and instruct the same to be so paid
to her by my said trustees by half yearly payments
until my son John Pearce shall attain his age of
twenty one years and from and immediately after my
said son John shall have attained such age I then
direct my said trustees out of the trust ffund to arise
from my personal estate to lay out and invest a sum
of ffive thousand pounds part thereof in their joint
names at interest on government or war security
and from thenceforth for them my said trustees and
the survivor of them to stand possessed of the said sum
of ffive thousand pounds and the securities on which
the same may from time to time stand invested and
the interest dividends and produce thereof in trust
to receive the interest dividends and other annual
product thereof as the same shall accrue and become
due and pay the same unto my said daughter ann
Lidderdale into her own cause or to her order for and
during the term of her natural life and from and
immediately after her decease the trust to pay
[...]out unto the said John Lidderdale if he shall
survive my said daughter the sum of four hundred
pounds to and for his own use and in trust to divide
and pay the residue of the said sum of five thousand
pounds and the interest dividends and product thereof
unto and amongst all and every the children if
more than one out of my said daughter anne in equal
shares and proportions when and as they shall attain
their respective ages of twenty one years with
benefit of survivorship in the mean time and in
[case] all the children of my said daughter Anne

but one shall die before they shall attain such age
I direct my said trustees and the survivor of them
his executors and administrators to pay assign and
transfer the residue of such trust fund unto such
only child on he or she attaining the age of twenty
one years but in case all the children of the said
Ann Lidderdale shall die before they attain the age
of twenty one years then I direct my said trustees
to pay assign and transfer the said trust ffund and
I hereby give the same in equal shares unto the
said Stephen Pearce Sarah Major Elizabeth Pearce
and John Pearce and I hereby declare that the
[...] of the said Ann Lidderdale shall notwithstanding
her present coverture be a good and sufficient discharge
to my said trustees and the survivor of them his
executors or administrators for payment of the
said annuity of two hundred and twenty five
pounds during my son John's minority and for
payment of the dividends interest or other annual
produce of the said sum of five thousand pounds when
so laid out and invested as aforesaid and that such
annuity and trust ffund and the dividends and
interest thereof shall be deemed the separate estate
of my daughter Ann and not subject to the debts
control or [...] of the said John Lidderdale
and as to all the rest residue and remainder of my
said real and personal estate and the interest dividends
and product thereof subject to the payment thereof of
my said several annuities and legacies as aforesaid I
direct my said trustees to apply so much of the
annual product thereof as they shall deem right and
necessary for and towards the maintenance and
education of my son John Pearce until he shall
arrive at the age of twenty one years and
from time to time lay out in their joint names at
interest all such surplus of such annual product for
the increase of such trust ffund as can be conveniently
[...] and I hereby direct my said trustees and the
survivor of them and their executors and admons
to stand possessed of and vested in all such my
ffreehold copyhold and leasehold estate and also
all my said several legacies and annuities to and for
the only proper use and behoof of my said son John
Pearce and I hereby give the same to him his heirs
executors administrators and assigns for ever when
and as he shall attain the age of twenty one
years and I nhereby direct my said trustees and the
survivor of them his heirs executors and administrators
to convey assign and transfer the same unto him my
said son John and his heirs or as he or they shall
direct or appoint and in case it shall happen that

my said son John shall die before he attains the
said age of twenty one years then I give devise
and bequeath all such my said real and personal
estate and effects and accumulated ffund in equal
shares unto and amongst my said four children
Stephen Pearce Sarah Major Ann Lidderdale and
Elizabeth Pearce their said executors and administrators
as tenants in common and not as joint tenants
provided always and in case it shall be in any way
inconvenient for my said trustees out of my estate and
effects to take and pay the said sum of two thousand
three hundred pounds and as also the said sum of
four thousand pounds bequeathed to my daughter
Elizabeth for the purposes of the trusts of this my will
before my said son John shall attain his age of
twenty one years I hereby declare that the payment
thereof shall not be enforced by the persons entitled
thereto but that it shall be lawful for my said trustees
to postpone the payment till my said son John shall
arrive at the age of twenty one years but that in
the mean time and from and after the said sums shall
become one and payable till such payments are advanced
and made they my said trustees shall pay unto the
person or persons intitled thereto interest for the same
out of such trust funds and real estate after the rate
of four pounds and ten shillings per centum per annum
and no more provided also and I hereby declare that it
shall and may be lawful to and for my said trustees
and the survivor of them and his heirs at any
time during the minority of my said son John
Pearce by indenture under their or his hands and
seals or hand and seal demise and lease all or
any part of my said ffreehold and copyhold estates
so [....] to them in trust as aforesaid to any person
or persons for any term or number of years not
exceeding fourteen years in possession and not in
reversion or remainder so as in [................]
be reserved and made payable during the continuance
thereof the best and most improved yearly rent that
can be got for the same and it is my will and my
mind and I hereby declare that it shall and may
be lawful to and for my said trustees and the survivors
and survivor of them their or his executors or admons
from time to time and at all times when they shall
think it right and adviseable and most for the benefit
of the persons intitled thereto to call in and service all
or any of the trust monies funds and securities
all which any part of my said estate and effects
may stand and be invested from time to time and
[   ] lay out and invest the same on such other
Government or War securities as to them shall
appear reasonable and most secure and advantageous

and further I hereby declare that my said trustees any
or either of them their any or either of their heirs
executors or administrators shall not be chargeable
with or accountable for any more of the aforesaid trust
estate and monies than what they he or she shall
respectively actually survive or shall come to their respective
hands by virtue of the trusts of this my will and that
they nor any of them their heir nor any of their
heirs executors or administrators of them or any of them
shall be answerable or accountable for the arts or deeds
of the other or others of them but that each of my
said trustees their and each of their heirs executors
and administrators respectively shall be answerable
and accountable to my said devisees legatees and
annuitants for their several and respective  arts and
deeds only and that it shall and may be lawful
for them my said trustees and the survivor and
survivors of them their heirs executors and administrators
respectively to retain and reimburse himself and themselves
respectively all such costs charges damages and
expenses which they or any of them shall sustain
expend or be put into for or by reason of this my will
or the trusts therof and lastly I hereby revoke annul
and make void all and every will and wills by me
at any time heretofore made and declare this only my
last will and testament and appoint the said John
Goodman William Smith John Butcher and ffrancis
Lovelock executors hereof in witness whereof I have
to said my last will and testament contained in seven
sheets of paper to the first six sheets set my hand
and to this seventh and last sheet my hand and
seal this twenty eighth day of May in the forty
third year of the reign of our sovereign Lord George
the third by the Grace of God of the United Kingdom
of Great Britain and Ireland King defender of the
ffaith and so forth and in the year of our Lord one
thousand eight hundred and three --- J Pearce
signed sealed published and declared by the said 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 subscribed our names as witnesses thereto
Geo Ryley    ---  Cath Ryley ---- Wm Porter

This Will was proved at London on the
tenth day of ffebruary in the year of our Lord one
thousand eight hundred and six before the Right
Honorable Sir William Wynne Ringer Doctor of
Laws and Master Keeper or Commissary of the prerogative
Court Of Canterbury lawfully constituted by the oaths of

[ ] Octr 1827 administration (with the will [ ]) of the goods, Chattels and Credits of John Pearce late of Standen Hussey
in the County of Wilts Esquire deceased left [  ] by John Goodman, William Smith and John Butcher deceased whilst living three
of the Executors names in the said will was granted to John Pearce the Son and the Residuary Legatee named in the said Will having been first sworn by
Commission duly to administer. Francis Lovelock the other and surviving Executor and Residuary Legatee in trust having renounced as well the Probate
Execution of the said will as also the { ] of admon (with the said will annexed of the Goods of the said Deceased as by acts of Court appears


John  Goodman William Smith and John Butcher
three of the executors named in the said will to
whom administration was granted of all and singular
the goods chattels and credits of the said deceased
having been first sworn only to administor power
[    ] of making the like Grant to ffrancis Lovelock
the other executor when he shall apply for the
same

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