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This is the will of me Jonathan Hearder of Plymouth in the County of Devon, Umbrella Maker. I give to my wife Mary Hannah Hearder all such articles of my household goods and furniture of every description including plate linen and china as she shall make choice of for her own use and benefit and the remainder thereof I give to my son Jonathan Nash Hearder for his own use and benefit. Also I give and devise all that my freehold dwelling house situate in Buckwell Street in Plymouth aforesaid and now in my own occupation with the appurtenances thereto belonging and all other my Real Estate whatsoever and wheresoever unto John Treleaven the elder of Plymouth aforesaid, Gentleman, to hold unto and to the use of the said John Treleaven and his heirs upon Trust that he the said John Treleaven the elder and his heirs shall and so absolutely sell and dispose of the same by public sale or private contract at such time or times as they shall think proper and at such price or prices in money as can be reasonably had or obtained for the same and to convey the same accordingly and I will and declare that the receipt or receipts shall be good and sufficient discharge or good and sufficient discharges to that purchaser or purchasers thereof for his or their purchase money or for so much thereof as in such receipt or receipts shall be expressed to be received and such purchaser or purchasers his, her, or their heirs shall not be obliged to see to the application or answerable for the misapplication of the said purchase monies or any part thereof. Also I give and bequeath unto the said John Treleaven the elder his executors and administrators my stock in trade, monies, securities for money (except as hereafter mentioned) and all other my personal estate and effects whatsoever (except as aforesaid) upon trust at his discretion to sell, dispose of, and convert the same into money and my will is that the said last mentioned money and also the monies to arise from the sale of my real estate shall be paid and applied in the manner hereinafter mentioned, that is to say in the first place to pay and discharge all my just debts, funeral and testamentary expenses and the expenses of proving this my will and then that my said trustee his executors or administrators do and shall place out and invest the residue of the said monies in or upon any of the parliamentary stocks or funds of Great Britain or on real securities in England at interest and do and shall vary alter or transport such stocks funds or securities for others of the like nature when and so often as it shall seem expedient and do and shall pay the interest dividends and annual produce thereof to my wife the said Mary Hannah Hearder for her own use and benefit during her natural life and upon her decease do and shall pay assign and transfer all my residuary estate unto my children Jonathan Nash Hearder, George Parry Hearder, Mary Hannah Treleaven, wife of John Treleaven the younger, and Anne Eliza Page, wife of James Andrew Page in equal proportions share and share alike and whereas I have lent and advanced to my son George Parry Hearder the sum of £120 on the security of his promissory note bearing interest at the rate of £5 per centum per annum, now I direct that the said sum of £120 or so much thereof as shall remain unpaid at the time of my decease shall not be called in but that the interest thereof shall be paid to my said wife Mary Hannah Hearder during her natural life and that upon her decease the interest shall no longer be payable and I further direct that the said sum of £120 or so much of aforesaid shall if less than the proportion or share of the said George Parry Hearder of my said residuary estate as aforesaid be amounted deemed and taken as and for part of such proportion or share but if equal to such proportion or share then the said sum of one hundred and twenty pounds, or such thereof as aforesaid shall be deemed and taken as and for the whole of such proportion or share and it is my will that my said Trustee his heirs executors or administrators shall not be charged or chargeable with any more of the said Trust monies and promises than he or they respectively shall actually receive, nor shall he or they be answerable or accountable for any Banker Broker or other person with whom any of the Trust monies may be deposited for safe custody or otherwise in the execution of the said Trusts nor for the insufficiency or deficiency of any stocks funds or securities or upon which any of the said Trust monies may be invested in pursuance of and in conformity to this my Will, nor for any other misfortune loss or damage which may happen in the execution of the aforesaid Trusts or otherwise in relation thereto unless the same shall happen by or through his or their wilful defaults respectively. And also that my said Trustee his executors or administrators shall and may by and out of the monies which shall come to his or their hands by virtue of the Trusts aforesaid retain to and reimburse himself and theirselves all costs charges and expenses which he or they may respectively sustain or expend or be put unto in or about the execution of the Trusts aforesaid or in any matter relating thereto. And lastly I do nominate and appoint the said John Treleaven the elder Executor in Trust of this my Will. In witness whereof I the said Jonathan Hearder have hereunto set my hand and seal the seventeenth day of February one thousand eight hundred and thirty eight.
I Jonathan Hearder of Plymouth in the County of Devon Umbrella Maker do declare this to be a Codicil to my Will bearing date the seventeenth day of February one thousand eight hundred and thirty eight. I direct that my stock in trade shall be appraised and that my son Jonathan Nash Hearder shall be allowed to take the same at such appraisement he giving my Executor a bond for the due payment of the amount thereof and of intersest thereon in the meantime at the rate of five pounds per centum per annum for the use and benefit of my wife Mary Hannah Hearder and I further direct that during the lifetime of my said wife my said son Jonathan Nash Hearder shall be permitted to occupy my freehold Dwellinghouse in Buckwell Street in Plymouth he paying to my Executors for the use and benefit of my said wife such annual rent for the same as shall be agreed on between my said wife and son and my Executor and in that the sale of my said Dwellinghouse shall not take place until after the death of my said wife and then at such time as my Executor shall think fit and convenient. Witness my hand this nineteenth day of March one thousand eight hundred and thirty eight.
Appeared personally John Smart Salmon of Plymouth in the County of Devon Gentleman and made oath that he is one of the subscribed witnesses to the Codicil to the last Will and Testament of Jonathan Hearder late of Plymouth aforesaid Umbrella Maker deceased who died on the twenty third day of July last the said will bearing date the seventeenth day of February last and the said Codicil bearing date the nineteenth day of March last. And he further made oath that he was present at the execution of the said Codicil by the said deceased and that the said Codicil was signed at the foot thereof in manner as now appears thereon by the said Testator in the presence of this Deponent and of Mary Skinner the other subscribed witness thereto present at the same time who set and subscribed their names as witnesses to the said Codicil in the presence of the said Testator. J S Salmon. On the seventeenth day of January one thousand eight hundred and thirty nine the said John Smart Salmon was duly sworn to the truth of the above affidavit, before me, John Hatchard M.A. Vicar of St Andrew's Plymouth, Commissioner.
Proved at London with a Codicil 21st January 1839 before the judge by the oath of John Treleaven the Elder the sole Executor to whom Admon was granted having been first sworn duly to administer.
Last updated: 25 Feb 2009 - Brian Randell
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