This is the last will and testament of me Thomas Strudwick of Stoke next Guildford in the county of Surrey gentleman
First I direct that all my just debts funeral and testamentary expenses be fully paid and satisfied as soon it convenient can be after my decease
And I give and devise unto my dear wife Mary Strudwick and my friend the James Smith of Worplesdon in the said County a lieutenant in his Majesty’s Navy and Richard Stillwell of Stoke next Guildford aforesaid gentleman my executors and executrix hereafter appointed their heirs and assigns all those my two freehold messages and tenements Gardens hereditaments with the rights members and appurtenances thereunto belonging situate in the parish of Stoke next Guildford aforesaid and of such messuages and tenements with appurtenences being now in my own occupation and the other in the 10-year occupation of Thomas Rich and all other my real estate whatsoever and where so that same may be situate lying or being to hold the same unto and to the use of my said wife and the said James Smith and Richard Stillwell their heirs and assigns for ever but nevertheless upon the trust and to and for the several ends intents and purposes hereinafter declared and concerning the same (that is to say)
Upon trust that they my said wife and the said James Smith and Richard Stillwell or the survivor of survivors of them or the heirs or assigns and survivor of them do permit and suffer my said wife and her assigns to use occupy and enjoy the same messuages tenements hereditaments and real estate or otherwise have and receive the rents issues and profits thereof for and during the term of the natural life such messuages and tenements hereditaments and estate being kept in good repair by and at expense of my said wife during her life
And from and immediately after her decease upon trust that they my said wife and the said James Smith and Richard Stillwell or the survivor of survivors of them or the heirs or assigns or the survivor shall and do sell and dispose of the said messuages tenements hereditaments and premises and all other my real estate whatsoever either together or in parcels and by public auction or private contract or in such other way and manner as they he or she shall think best for the most money that can be obtained for the same
And it is my will and I do hereby declare and direct that the receipt and receipts of them my said wife and the said James Smith and Richard Stillwell or the survivor of survivors of them or the heirs or assigns of the survivor under their his or her hands shall be a good and sufficient discharge or good and and sufficient discharges to the purchaser or purchasers of the messuages or tenements hereditaments and real estate for so much money as in such receipt or receipts shall be acknowledged to be received and that such purchaser or purchasers shall not afterwards be obliged to see to the application of or be answerable or accountable for the loss use misapplication or nonapplication of such purchase money or any part thereof
And as to the money to arise and be produced by or from the sale of the said messuages tenements hereditaments and real estate I direct the same shall be divided into as many equal parts or shares as they shall be children of my late sisters Mary Markwell and Sarah Hearn living at the decease of my said wife
And I give and bequeath to each of the said children of my said sisters except Mary the wife of George Moore late Mary Markall spinster one of such equal part or shares to and for the use and benefit and disposal of such children accept as aforesaid
And as to the remaining one of such equal shares of the said moneys I direct my said wife and the said James Smith and Richard Stillwell survivor or survivors of them or the heirs assigns administrators of the survivors to lay out and invest or continue at interest such part or share and pay the interest dividends and proceeds thereunto the said Mary the wife of the said George Moore and her assigns for and during the term of her natural life
But the receipt of the said Mary Moore for the same from time to time as and when they shall become due and payable shall alone be a sufficient discharge for such interest dividends and proceeds And the same shall not be liable for the debts and engagements of her said husband nor shall any attempt or anticipation thereof be valid
And from and after her decease upon trust to pay divide and transfer the capital of such part or share unto amongst all the children of the said Mary Moore who shall be living at the time of her decease share and share alike
And I give and bequeath to my said wife Mary Strudwick all and singular my household goods and furniture wines liquors and provisions plate linnen China books wearing apparel tools and implements to and for her own absolute use benefit and disposal
I also give and bequeath to my said wife legacy or sum of £350 of lawful money of Great Britain to be paid to her at the end of 3 calendar months next after my decease
I also give and bequeath unto the said James Smith and Richard Stillwell the legacies or sums of £5 for the trouble they may have in the execution of the trusts of this my last will
And as to my money stocks funds rights credits debts and all other my personal estate I give and bequeath the same (subject to the payment thereof my debts general and testamentary expenses and several legacies hereinbefore bequeathed) unto my said wife and the said James Smith and Richard Stillwell their executors administrators nevertheless upon the trusts and to and for the several ends intents and purposes hereinafter mentioned and declared concerning the same (that is to say)
Upon trust that they my said wife and the said James Smith and Richard Stillwell or the survivors or survivor of them or the executors or administrators of the survivor do and shall lay out and invest or continue the same at interest in their or his name or names in or upon the government stock or funds for real security Great Britain
And from time to time shall alter vary and transpose the same as they he or she shall deem expedient and shall and do pay unto or otherwise permit and suffer my said wife and her assigns to receive the dividends interest or annual proceeds thereof as and when the same shall become due and payable and be received for and during the life of my said wife
And then and immediately after her decease upon trust my said trustees and executors shall and do pay from the capital of the said trust funds and moneys the following legacies or sums of money to the several persons hereinafter name that is to say
Unto Thomas Routhwell of Mousehill? in the said County of Surrey labourer the sum of £50 of lawful money of Great Britain
Unto among all and every the children of the said Thomas Routhwell that shall be living at the decease of my said wife the sum of £400 of like lawful money equally between them share and share alike
Unto Samuel Stevens of Ewell in the said County of Surrey labourer the sum of £20 of like lawful money
Unto Frances the wife of _ _ _ _ _ _ Stokes of Sutton in the said County post xxxx driver the sum of £100 of like lawful money
Unto George Hercus of Stoke next Guildford aforesaid labourer the sum of £20 lbs. of like lawful money
Unto Ann the wife of _ _ _ _ _ formally Ann Stevens spinster niece of my said wife the sum of £100 of like lawful money
Unto Caroline Beagley daughter of my sister in law Elizabeth Beagley the sum of £60 of like lawful money
Unto William Archer of Ca__well in the County of Essex victualler the sum of £50 of like lawful money
And unto my servant Mary Balham in case she shall be living as servant with my said wife at the time of her decease but not otherwise the sum of £10 of like lawful money
And upon further trust that my said trustees and executors shall and do from and after the decease of my said wife set apart from the capital of the said trust funds and moneys or continue invested the sum of £600 of like lawful money and pay the dividends in annual proceeds thereof unto my said sister-in-law Elizabeth Beagley and her assigns for and during the term of the natural life
And from and immediately after her decease shall and do pay divide and transfer the said sum of £600 unto and equally between all and every the children of the said Elizabeth Beagley the shall be living at their mothers decease share and share alike
And as to all the residue of such capital trust funds and moneys upon further trust that my said trustees and executors shall and do from and after the decease of my said wife divide the same unto as many equal parts or shares as their shall be children of my said late sister Mary Markall and Sarah Hearn living at the decease of my said wife and I give and bequeath to each of the said children of my said sisters except the said Mary Moore one of such equal part or shares to and for their own absolute use and benefit
And as to the remaining one of such equal shares of the said residue I direct my said trustees and executors to lay out and invest the same and pay the interest dividends and proceeds thereof unto the said Mary Moore during the life and after her decease unto and equally between her children living at her decease share and share alike
But the said last mentioned share shall be subject to the same trust provisions and restrictions as are herein before declared respecting the share of the produce of my real estate which I have by this my will given to or for the benefit of the said Mary Moore and her children
And I do hereby declare and direct that my said trustees and executors their heirs executors and administrators and each of them shall be charged and chargeable only for such moneys as they sahll respectively actually receive by virtue of this my will and any one or more of them shall not be answerable or accountable to the other or others of them or to the Acts receipts neglect or default of the other or others of them or to any banker broker or other person with whom or in whose hands any part of the said trust is moneys shall or may be resided or deposited for safe custody or otherwise in execution of any of the trusts of this my will
Neither shall my said trustees and executors or any or either of them be answerable or accountable to the insufficiency of deficiency of any security or securities stocks or funds in or upon which the said trust moneys or any part thereof shall be your may be placed out or invested nor for any other misfortune loss or damage which may happen in execution of the trusts of this my will unless the same shall happen by or through their own wilful default respectively
And also that they my said trustees and executors and each and every of them shall and may by and out of such moneys as shall come to them respectively by virtue of this my will retain to and reimburse themselves herself or himself respectively all such costs charges damages and expenses as they or either of them shall or may suffer sustain disburse be at or put unto in the execution of this my will or in relation thereto
And I hereby nominate constitute and appoint my said wife Mary Strudwick and the said James Smith and Richard Stillwell executor and executrix of this my last will and testament
And I revoke and make void all former and other wills by me at any time heretofore made and do declare these presents only to be and containing my last will and testament in witness whereof I the said Thomas Strudwick have to this my last will and testament containing five sheets of paper set my hand and seal that is to say to each of the first four sheets set my hand and to the fifth and last sheet my hand and seal the third day of April in the year of our Lord 1832 Thomas Strudwick
signed sealed published and declared by the said Thomas Strudwick the testator as and for his last will and testament the day and the date and in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses Thomas Vincent Guildford Sadler John Simba is of Stoke next Guildford blacksmith and J. Ran solicitor Guildford
This is a codicil to the last will and testament of me within named Thomas Strudwick I give and bequeath to my wife Mary Strudwick the sum of £200 sterling to be paid to her within 3 months after my decease in addition to the sum of £350 I have given to her by my will and in all other respects I ratify and confirm my within written will in witness whereof I have hereunto set my hand and seal the 6th day of March 1834 Thomas Strudwick
signed sealed published in declared by the said Thomas Strudwick the testator as and for a codicil to his last will and testament in the presence of us who in his presence at his request on in the presence of each other have hereunto subscribed our names as witnesses George Potter Guildford Matthew Martin Clark
Proved with a codicil 24th of April 1834 with the oaths of Mary Strudwick widow the relic James Smith and Richard Stillwell executors to whom administration was granted having been fist sworn duly to administer tha same