Office copy, Norfolk Record Office reference 310 Tann, mf 646, No 130.
This is the last Will and Testament of me William Alefounder of the City of Norwich Gardener First I nominate constitute and appoint Hannah my Wife and my Friend Lawrence Neale of the said City Gardener executrix and executor of this my Will and I give and bequeath unto the said Lawrence Neale the sum of five Pounds for the care and trouble he may have in proving and executing the same And I give and devise unto John Seel Burton of the said City Gentleman and John Neale of the same City Gardener All those my Four Cottages Tenements or Dwelling houses with the Garden Grounds and Appurtenances to the same belonging situate lying and being in the parishes of Saint Swithen and Saint Benedicts in the said City of Norwich, To hold to them their heirs and Assigns for ever But nevertheless to the uses and upon the trusts hereinafter limited expressed and declared of and concerning the same that is to say To the use of my son John Alefounder and Leah his Wife and their Assignes for and during the term of their natural lives and the life of the longer liver of them without impeachment of or for any manner of waste and after the determination of that Estate by forfeiture or otherwise in the life time of my said son John Alefounder and Leah his Wife To the use of the said John Seel Burton and John Neal their heirs and Assigns during the life of the said John Alefounder and Leah his Wife upon trust to preserve the uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasions shall require but nevertheless to permit and suffer my said son John Alefounder and Leah his Wife or the survivor of them during the term of their natural lives and the life of the longer liver of them to take the rents issues and profits of the said hereditaments and premises for his and her own use and benefit (Subject to and with the payment of one Annuity or yearly sum of Fifteen pounds to my said Wife for and during the term of her natural life by four even and equal quarterly payments that is to say upon the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in every Year the first of which said quarterly payments to begin and be made upon the first of the said days which shall next happen after my decease) And immediately after the decease of them my said son John Alefounder and Leah his Wife or the survivor of them To the use of all and every the Child or Children of my said son John Alefounder lawfully begotten or to be begotten and to their heirs and Assigns for ever to take as Tenants in Common and not as joint Tenants if more than one But in case he my said son John shall have no such Child or Children lawfully begotten then to the use of my Daughter Mary the Wife of Charles Barker and her Assigns for and during her natural life And immediately after her decease I hereby authorize and direct my said trustees or the survivor of them their executors or Administrators to make sale and absolutely dispose of the said hereditaments and premises either by public auction or private contract for the best price and most money that can be got for the same and the money arising from such sale I give and bequeath unto and to be equally divided between all and every the Child or Children of her the said Mary Barker as and when they shall severally attain their respective ages of twenty one years And also I give and devise unto the said John Seel Burton and John Neal All those my tenements or dwelling houses with their and every of their Appurtenances situate lying and being in the parishes of Saint Edmonds and Saint Martins at Oak in the said City of Norwich now in the occupation of Charles Barker __Cocks __ Clarke and two others To hold to them and their heirs and Assigns for ever But nevertheless To the uses and upon the trusts hereinafter limited expressed and declared of and concerning the same that is to say To the use of the said Hannah my Wife and her Assigns during the term of her natural life without impeachment of waste and after the determination of that estate by forfeiture or otherwise in the life time of my said Wife To the use of the said John Seel Burton and John Neal their heirs and Assigns during the life of the said Hannah my Wife Upon trust to preserve the uses and estates hereinafter limited from being defeated or destroyed but nevertheless to permit and suffer my said Wife and her Assigns during the term of her natural life to receive and take the rents issues and profits of the said hereditaments and premises for her and their proper use and benefit and immediately after the decease of my said Wife To the use of ^the said Mary the Wife of Charles Barker and her Assigns for her life without impeachment of or for any manner of waste And Immediately after her decease I direct them my said trustees or the survivor of them their executors or Administrators to make sale and dispose of the said hereditaments and premises and every part thereof either by public auction or private contract and for the best price and most money that can be reasonably had or gotten for the same and the money arising from such sale I give and bequeath to be equally divided between all and every the Child and Children of the said Mary Barker at and when they shall respectively attain their respective ages of twenty one years And also I give and devise unto the said John Seel Burton and John Neal All those my six Cottages or Tenements situate and being in the parish of Saint Clements in the said City of Norwich with their Appurtenances now in the occupation of __ Harvey __ Waller and four others To hold to them the said John Seel Burton and John Neal their heirs and Assigns for ever But nevertheless to the uses and upon the trusts hereinafter limited and expressed of and concerning the same that is to say To the use of the said Mary the Wife of the said Charles Barker and her Assigns for and during the term of her natural life (Subject nevertheless to & with the payment of the annuity or yearly rent of fifteen pounds to the said Hannah my Wife and her Assigns for and during the term of her natural life by four even and equal quarterly payments at the days and times and in manner aforesaid And from & immediately after the decease of the said Mary Barker then I direct my said trustees or the survivor of them their executors or Administrators to sell and dispose of the said hereditaments and premises either by public auction or private contract and for the best price or prices that can be had and gotten for the same And the money arising from such sale I give and bequeath to be equally divided between all and every the Child and Children of the said Mary Barker as and when they shall severally attain their respective ages of twenty one years And my mind and will is that the receipt or receipts of any such Child or Children being a daughter or Daughters under her or their hands alone notwithstanding their coverture shall be a good and sufficient discharge and good and sufficient discharges to my said trustees for the monies to arise by the sale of my said hereditaments as aforesaid And I do hereby declare my mind and will to be that my executors & trustees or the survivors or survivor of them or the executors or Administrators of such survivor shall be charged and chargeable only for such money as they respectively shall actually receive by virtue of this my Will and that the one of them shall not be answerable or accountable for the other or others of them or for the Acts receipts neglects or defaults of the other or others of them nor for any involuntary loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through his or their willful default respectively and then & in that case each person respectively shall singly and alone be answerable for such loss or damage as shall arise from his or their defaults And also it shall and may be lawful for them my said executors and trustees to deduct retain and reimburse to and for himself and themselves respectively all costs charges damages and expences which he or they or any of them shall or may suffer sustain or be put to in or about the trusts hereby in them reposed And my mind and will further is that in case either of the said Annuities or yearly sums so given to my said Wife as before mentioned shall happen to be behind or unpaid after any of the said days before mentioned on which the same are so directed to be paid Then and in that case it shall and may be lawful for my said Wife and her Assigns to enter into and upon the said hereditaments upon which the same are so charged as before mentioned and to receive and take the rents and profits of the said premises or any of them until she or they shall be fully paid and satisfied her said annuity and all costs charges and expences attending such entry or entries as aforesaid And all the rest residue and remainder of my personal Estate and effects household furniture plate linen and china I give and bequeath unto my said Wife for her own use and benefit absolutely And lastly I hereby revoke and make void all former and other Wills and Testaments by me heretofore made and declare this alone to be my last In Witness wherof I the said William Alefounder the Testator have to the first three sheets of this my last Will and Testament contained on four sheets of paper to the first three sheets thereof set my hand and to this fourth and last my hand and seal this fourteenth day of October in the year of our Lord one thousand eight hundred and twenty one.//
Wm Alefounder [seal]
Signed sealed published and declared by the said William Alefounder the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses hereto Peter Jones Philip Lyon Charles Smith.
This Will was proved at Norwich on the fourth day of September 1823 before the Reverend William Fitt Drake Clerk Surrogate duly appointed of the Worshipful William Yonge Clerk A.M. Official principal of the Episcopal Consistorial Court of Norwich lawfully constituted and was approved &c and Admin~ of all & singular the Goods &c of the within named William Alefounder the Testator deceased was then duly granted to Hannah Alefounder Widow his relict and Lawrence Neale the Executrix and Executor within named they being duly sworn &c saving &c.
Examined with the Original Will by me Wm Nichs Harwin Turner
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Transcribed by Peter Alefounder 1995 |
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