Of the Green Family from Harpole, Northamptonshire their Ancestors and Relatives

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Tuesday, 20 February 2018 09:28 PM GMT

Edward Seager of Broad Hinton - his Will - 8 Dec 1837

 Edward was my 3x Great Grandfather. More of his details can be seen here. This will is very verbose and really contains very little of interest.

 This is the last Will and Testament of Edward Seager of

Bynoll Farm in the Parish of Broad Hinton in the County of Wilts Yeoman
I direct all my just debts to be fully paid and satisfied by my Executors hereinafter
named. I give and devise unto Rawleigh Eddolls of Lidiard Treegoze in the said
County of Wilts and John Brown of Monkton in the Parish of Avebury in the same
County Gentlemen All my Messuages Lands Tenements and Hereditaments what-
soever and wheresoever and of what nature tenure or kind soever which I may
be seized possessed of or in any wise entitled unto at the time of my decease or
which I have power to dispose of by this my Will (except Mortgaged and Trust
Estates) To hold the same unto and to the use of the said Rawleigh Eddolls and
John Brown their Heirs Executors administrators and assigns respectively (according
to the distinct nature and quality of the same Estates respectively) Upon Trust
during the natural life of my dear Wife Catherine to permit and suffer her to hold
and enjoy the same or if she shall so direct to let and set the same to the best
advantage and to pay over the Rents and Profits there of (after deducting therefrom
from time to time the Expence of keeping the same Premises in repair and of
insuring the Buildings thereon from loss or damage by fire and all other legal
outgoings or incumbrances chargeable thereon) unto her my said Wife for her own
use and benefit And from and immediately after her decease Then upon Trust that
my said Trustees or the Survivor of them his Heirs Executors Administrators or
Assigns do sell and dispose of all and singularmy said Estates either by Public
Auction or Private Contract and either together or in parcels as they or he may
think fit for the most money that can reasonably be gotten for the same and to
convey and assign the same to the purchaser or purchasers thereof and his her or
their heirs Executors and administrators and assigns respectively or as he she or they
may direct and with full power to buy in my said Estates or any part or parts
thereof at any Sale by Auction and again to sell the same in manner aforesaid
without being answerable for any loss or Costs And I do hereby direct that my
said Trustees and the Survivor of them his Heirs Executors and Administrators
shall stand possessed of and interested in the Net Monies to be produced by the Sale
of my said Estates hereinbefore given and devised after payment of the Expenses of
such sale and in anywise incident thereto Upon Trust to permit and suffer the
same to fall into and form part of my residuary personal Estate and be applied
and disposed of as hereinafter mentioned Provided always and I do hereby
further direct that in case my said Wife shall think it desireable and by some
Writing under her hand shall signify such her desire it shall be lawful for my
 
said Trustees or the survivor of them his Heirs Executors Administrators or Assigns if
they or he shall consider it expedient but not otherwise to sell and dispose of my
said Estates or any part or parts thereof at any time during the lifetime of my said
Wife and to invest the net monies to be produced therefrom in Government or real
Security  or Securities and to pay the Interest dividends and annual proceeds thereof to
my said Wife during her natural life in lieu of the Rents and Profits of my said
Estates hereinbefore bequeathed to her. I give and bequeath unto my said Wife the
sum of One Hundred Pounds Sterling to be paid to her immediately after my decease
And as to all my Farming Stock Household Furniture Monies Securities for Money
and all the rest residue and remainder of my personal Estate and Effects whatsoever
which I shall be possessed of or entitled to at my decease or which I have power
to dispose of by this my Will except my Leasehold Estates and Mortgage and
Trust Estates herein otherwise disposed of I give bequeath and appoint the
same unto the said Rawleigh Eddolls and John Brown their Executors administrators
and assigns Upon Trust immediately to invest such part or parts thereof as
shall consist of money in real or government Security or Securities and to pay
to or permit and suffer my said Wife to receive the Interest Dividends and annual
proceeds there of and to have the free use and enjoyment of all my said
Household Goods and Furniture and (if my said Trustees or Trustee shall think fit
but not otherwise) of all my farming Stock and Implements of Husbandry of every
kind until the youngest of my Children shall have attained the Age of Twenty one
years or being a Daughter shall be married under that age with the consent of my
said Wife if she shall be living or after her decease with the consent of the Trustees
or Trustee for the time being of this my Will she my said Wife providing thereout
for the maintenance and education of such of my children as may be under the
age of Twenty one years and unmarried And from and immediately after the
youngest of my said Children shall have attained the age of Twenty one years or being
a Daughter shall be married under that age with such consent as aforesaid Then Implements
direct my said Trustees or Trustee for the time being to convert  into money all such
parts of the residue of my said personal Estate and Effects as shall not already
consist of money and divide the same equally between all and every my child
and children who shall be living at the time of my decease or the issue of such of
them as shall happen to have departed this life either in my lifetime or before
their respective shares shall have become divisible the issur of any such child or
children so dying as aforesaid to take the same shares or proportions as their
respective Parents would have bben entitled to (if living) and the same to be paid
 
or transferred unto the issue of such child or children so dying as aforesaid as
and when they or he being a son or sons shall respectively shall attain the age of
Twenty one years or being a daughter or daughters shall respectively attain that age
or marry with the consent of their Guardians for the time being if any or otherwise
with the consent of the Trustees or Trustee for the time being of this my Will And
in case any of my Children living at my decease shall happen to die before their
respective shares shall have become divisible and unmarried Then I direct my said
Trustees or Trustee to pay and divide as well the original share which would have
become payable to such child or children dying without issue as aforesaid as the
share and shares to which he or she shall have become entitled by survivorship
or accruer or so much there of as shall not previously have been applied for his her
or their maintenance advancement or preferment by virtue of this my Will between
and among the survivors or survivor of my children and the issue of such of
them as may have died previously to such their shares becoming divisible (such
issue nevertheless to take only the respective share or shares there of to which their
deceased parentor parents would if living have been entitled But in case any
or either of my said children shall happen to die before her or their respective shares
shall have become divisible without leaving lawful issue but leaving a Widow
him or them surviving then I direct that my said Trustees or Trustee shall pay
the Interest Dividends or Annual Proceeds as well of the original share or
shares as the accruing share to which they would have been entitled if living by
survivorship or accruer or otherwise to any such Widow who such child or
children may leave him or them surviving for and during the term of her
natural life. Provided always and I do further declare that it shall be lawful
for my said Trustees or Trustee for the time being with the consent of my said Wife
if living to be expressed by some Writing under her hand to apply the whole or any
part or parts of the expectant share or shares to which my said child or children
shall for the time being be entitled under the Trusts of this Will for or towards his
her or their apprenticeship preferment or advancement in the World or otherwise
for his her or their benefit. And I do also direct that in case my said Wife shall
happen to depart this life before my youngest surviving child being a son shall
attain his age of Twenty one years or being a daughter shall attain that age or
shall marry under that age with such consent as aforesaid or if my said Trustees
or Trustee shall so think fit at any time between my death and that of my said
Wife if he or they shall not think fit to allow unto her my said Wife the use of my
farming Stock and Implements of Husbandry it shall be lawful for them my
 
said Trustees or Trustee to carry on my present business as a Farmer at Bynoll
Farm aforesaid or elsewhere and I do hereby empower them to manage and
conduct the same until the period at which under the provisions of this my
will the net proceeds of my personal estate shall become divisible among my
children and for that purpose I declare that they and he the said Trustees and
Trustee shall have the fullest power over the said business which I can give
them by this my will so as to enable him and them to carry on manage and
conduct the said business in the same manner to all effects constructions and
purposes as I myself could do if I were living and acting therein And I do
hereby declare that during such time as the said business shall be carried on by
the said Trustees or Trustee for the time being in pursuance of this my will
they and he shall stand and be possessed of and interested in the said business
stock and effects and the profits to arise from the same Upon and for the Trusts
intents and purposes and with under and subject to the powers provided and
declarations hereinafter expressed that is to say Upon Trust until all of my said
children shall have attained the age of Twenty one years or be married as
aforesaid in case my said Wife shall be then living to pay unto her my said
Wife the net profits of the said business for her own use and benefit at such
times and periods as they or he my said Trustees or Trustee shall think fit (she
providing thereout for the maintenance and education of such of my said
children as shall not have attained the age of Twenty one years or being according
Daughter or Daughters shall be married as aforesaid) And in case my said
Wife shall be dead Then upon Trust that they my said Trustees or Trustee shall
until the youngest of my said Children shall attain his or her full age of
Twenty one years or being a Daughter shall marry under that age with such
consent as aforesaid out of the profits of the said business or out of the
Dividends Income or Annual Proceeds of any part or parts of the property
to which they shall be respectively entitled under this my will provide for the
maintenance and education of such of my said children as shall not have
attained the age of Twenty one years or being a Daughter be married with
such Consent as aforesaid And I do and shall after providing for such
maintenance and education invest the remainder of such profits in his or
their own name and names upon Government or Real Security or Securities and
do and shall suffer the same to accumulate until the remainder of my
personal Estate shall under the provisions of this my will become divisible
among my said children ortheir issue in manner hereinbefore mentioned and
 
at such period shall suffer the same profits and the Funds or Securities in or
upon which the same or any part thereof shall be invested  as aforesaid to
fall into and form part of my residuary personal Estate and Effects and Implements
do declare that the same shall be subject to all the provisions of survivorship
accrude? and advancement hereinbefore contained in like manner with the share
or shares of the other parts of my residuary personal Estate And when and
so soon as my youngest child who being a son shall happen to survive mentioned
shall attain his age of twenty one years or being a Daughter shall attain that
age or marry with such consent as aforesaid or at any earlier period of my
said Trustees or Trustee shall think fit to discontinue such business I do direct
that the same Farming Stock Implements of Husbandry and all other Effects employed
in the said business shall be forthwith sold either by public Auction or private
contract as my said Trustees or Trustee shall think fit And the whole of
the monies to arise and be produced thereby (after deducting the expenses
attending the same shall be immediately laid out in the names or name of
the Trustees or Trustee for the time being of this my Will upon Government
or Real Security and the Interest dividends or Annual produce or so much
there of as they my said Trustees or Trustee may think fit applied for and
towards the maintenance education and bringing up of my said children in
the same manner as I have hereinbefore directed with reference to the
application of the profits of my said business if carried on And from and
immediately after they have respectively attained such age or ages or be
married with such consent as aforesaid then that the whole of such last
mentioned Trust monies Stock Funds and Securities shall fall into and
form part of my residuary personal Estate and be applied and disposed of
in manner hereinbefore  provided And I do hereby also expressly direct and
declare that all losses charges and expenses of carrying on managing and
conducting the said business shall be borne and paid by my said Trustees or
Trustee for the time being with and out of the monies which shall come to
their and his hands by virtue of this my Will. I give and devise all the
Estates which at the time of my decease shall be vested in me upon any Trust
or by way of Mortgage and which I have power to dispose of by this my will
with the rights members and appurtenances unto and to the use of the said
Rawleigh Eddolls and John Brown their Heirs Executors administrators
and assigns according to the nature and quality thereof respectively upon
the Trusts and subject to the equity of redemption which at the time of
 
my decease shall be subsisting or capable of taking effect respectively  but I
declare that the money secured on any such Mortgages  for my own benefit
shall be considered and taken as part of my personal Estate And I hereby
nominate and appoint the said Rawleigh Eddolls and John Brown Executors
of this my last Will and Testament and together with my said Wife Guardians
of the persons and fortunes of such of my children as shall be under the
age of Twenty one years and unmarried. Provided always and I hereby declare
that the receipt or receipts in writing of the Trustees or Trustee for the time being
acting in the execution of any of the Trusts of this my Will for any sum or sums of
money payable to them or him under or by virtue of the said Trusts shall
absolutely release the person or persons to whom the same respectively shall be
given and his her or their Heirs Executors Administrators and assigns from
all lability to see to the application of the money therein expressed or acknowledged
to be received Provided also and I hereby declare and direct that if either of
my said Trustees or any Trustee of my Will to be appointed or hereinafter is
mentioned or any of their Heirs Executors or Administrators shall die or decline
or become incapable to act in the Trusts of this my will before the whole of
such Trusts shall be fully performed Then and in every such case a new
Trustee shall be appointed by my said Wife if living and the surviving or
continuing Trustee and after her decease then by the surviving continuing or
last acting Trustee alone (as the case may be) or by the Executors or administrators
of the Surviving continuing or last acting Trustee and the said Trust
estates and premises shall thereupon be conveyed and assigned so as to be
vested in such new and such surviving and continuing Trustees or Trustee
or in such new Trustee wholly as the case may happen upon the same Trusts
and with the same powers as are hereinbefore mentioned and declared
concerning the same premises or such of them as shall be then subsisting and
capable of taking effect And I declare and direct that the Trustees of this my
Will shall not be answerable one for the other or another of them or for any
involuntary loss whatsoever and that they shall be allowed and may retain
all their costs and expenses to be incurred in the due execution of the
Trusts of this my Will. I hereby revoke all former Wills codicils and
testamentary dispositions by me at any time heretofore made and do
declare this only to be my last Will and Testament In Witness
whereof I the said Edward Seager have to this 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
eighth day of December in the year of our Lord one thousand eighth
hundred and thirty seven.
E Sheet
Signed sealed published and declared by
the said Testator Edward Seager as and
for his last Will and Testament in the
presence of us who at his request in his
presence and in the sight and presence of
each other have hereunto affixed our Names
as Witnesses
Edwd Bradbury
Peter Awdry
Fredk Awdry
Clerks to Mr Neate Awdry Solicitors Chippenham Wilts
 
This is a Codicil to the last Will
and Testament of me
Edward Seager of Bynoll
Farm in the Parish of
Broad Hinton in the County
of Wilts Yeoman bearing
date the Eighth day of
December one thousand Eighth
hundred and thirty seven
Whereas I have this day advanced
and paid to William Spackman
of Bromham Wilts Farmer
the Husband of my daughter
Elizabeth for their joint
use the Sum of Five hundred
Pounds Sterling Now I do
hereby direct that the same
shall be considered and
taken as an advance to
my said daughter Elizabeth
of the portion or share
which she will become
entitled to under my
said Will and shall
be deducted therefrom
by My Executors accordingly
In Witness whereof I have
to this Codicil set my
hand this Twenty fifth
day of August in the
 
Year of our Lord one thousand
Eight hundred and forty three
Edward Seager
Signed by the said Testator
Edward Seager as a
Codicil to his last
Will and Testament
in the presence of us
present at the same
time who at his Request
in his presence and
in the presence of Each
other have Subscribed
our Names as Witnesses
Will Awdry - Chippenham ???
Edw Bradbury Clerk to Neat Awdry Chippenham
 
 
This Will and Codicil was proved at Sarum on the 24th day of June 1844
before the Revd George Lewes Benson Clerk LLD and Rawleigh Eddolls was
duly sworn one of the joint Exors named in the said Will the like
power being reserved to John Brown the other Executor also named in the will.
 
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