This is the last will and testament of me, William Gwinnett, of the city of Gloucester, maltster. I give and bequeath unto my wife, Urenia, all my household furniture, plate, linen, china, glass, wines, spirits and other household stores absolutely.
And as to all the rest and residue of the real and personal estate to which I shall be entitled at my decease or of which I now have any power to dispose by this my will (except such part thereof respectively at my decease may be vested in me upon any trusts or by way of mortgage), I give, devise and bequeath the same until William Viner Ellis of the city of Gloucester, gentleman, and Richard Vick of the same city, saddler, their heirs, executors, administrators and assigns respectively, upon trust as to and concerning the messuage or tenement in Bell Lane in which I now reside and the Malthouse and premises adjoining thereto, to pay off and satisfy the mortgage debt and any interest which may be then due thereon out of the sum of three hundred pounds insured upon my life or any other moneys which shall come to their hands by virtue of this my will and to permit and suffer my said wife to have and enjoy the said messuage and tenement and malthouse for and during her natural life and to receive the rents and profits thereof, she keeping the same in fair tenantable repair and paying the Fire Insurance thereon which shall be insured in the names of my trustees in the sum of six hundred pounds at the least.
And upon further trust that my said trustees do and shall call in and convert into money the remainder of my personal estate and thereout pay all my just debts, funeral and testamentary expenses.
And also do and shall pay unto my daughter, Hetty Taylor, the sum of twenty pounds which I direct to be paid to her as soon as conveniently may be after my decease and her receipt alone notwithstanding, her coverture shall be a good and effectual discharge to my said trustees for the payment thereof.
And immediately after the decease of my said wife, I direct my said trustees or the survivor of them or the heirs or assigns of such survivor to make sale and dispose of the house in which I now reside and the malthouse adjoining thereto and all other my real estate (if any) by public auction or private contract as they deem best and out of the proceeds of such sale in the first place to pay unto the executors and administrators of my said wife or to such person or persons as shall by deed or will give and bequeath the same the sum of three hundred pounds.
And also do and shall pay unto Eurania Drew, Mary Cox and Charles Fisher (the children of my said daughter Hetty Taylor) the sum of ten pounds apiece and in case either of them shall die in the lifetime of my said wife without leaving lawful issue, then I direct that the share of him or her so dying shall be divided between the survivors of them and if there shall be but one then living to such only one. And if all of them shall die in the lifetime of my said wife without leaving lawful issue, then I direct that the same shall fall into and form part of my residuary personal estate.
And as to all the rest, residue and remainder of my said estate and effects which shall remain after payment of the legacies aforesaid upon trust to divide the same equally one moiety whereof I direct to be paid to my daughter Emma Pauling for her own separate use and her receipt alone notwithstanding her coverture to be a good discharge for the same.
And as to the other moiety thereof, I direct the same to be paid unto and equally between George Barrow and Henry Barrow (the two children of my late daughter Louisa Barrow) for their own absolute use and benefit. And I devise and bequeath all estates which at my decease shall be vested in me upon any trust or by way of mortgage unto and to the use of the said William Viner Ellis, their heirs, executors, administrators and assigns respectively subject to the trusts and equities affecting the same respectively.
Provided always and I do hereby declare that it shall be lawful for my said trustees or the survivor of them or their heirs, executors, administrators and assigns of such survivor to sign and give receipts to purchasers and others paying monies to them respectively and that such receipts shall effectually discharge the person or persons paying the same from being accountable for the misapplication or from being bound to see to the application of the money therein mentioned to be received.
Provided also and I do hereby declare that if the trustees appointed in this my will or to be appointed as hereinafter is mentioned or any of them or their or their heirs, executors, administrators or assigns shall happen to die or be desirous of being discharged from or decline or refuse or become incapable to act in the trusts hereby in them respectively reposed before the same trusts shall be fully executed.
Then and in such case and when and as often as the same shall happen, it shall and may be lawful for my said wife during her life and after her decease for the surviving or continuing trustee or trustees or the executors or administrators of such survivor by any deed or instrument in writing to be by her or them sealed and delivered in the presence of and attested by to(sic) more credible witnesses from time to time to nominate and appoint any person or persons to be a trustee or trustees in the stead of the trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable to act as aforesaid.
And thereupon all the trust monies and premises shall with all convenient speed be assigned and transferred in such manner so that the same shall be legally vested in the person or persons so appointed as aforesaid. To the uses upon the trusts and for the purposes hereinbefore declared of and concerning the same.
Provided always and I do hereby further declare that the said trustees hereby appointed as aforesaid and each and every one of them shall be charged and chargeable respectively for such moneys only as they shall actually receive by virtue of the trusts hereby reposed in them notwithstanding their signing any receipt or receipts for the sake of conformity nor shall either one be answerable for the other or others of them or for involuntary losses.
And also that it shall be lawful for them out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and to allow their respective co-trustee or co-trustees any costs, charges, damages and expenses which they or any of them shall or may sustain or be put unto about the execution of the aforesaid trusts.
Provided always and I hereby declare that the said William Viner Ellis as being a practising attorney and solicitor shall be entitled to make professional charges for any business which may be done by him with reference to this my will or the trusts powers or provisions thereof as freely as if he had not been appointed a trustee or executor of this my will and shall be entitled to retain and receive from his co-trustee or co-trustees out of the said trust moneys, the full amount of such charges respectively.
And lastly I hereby nominate and appoint my said wife, Urania, and the said William Viner Ellis and Richard Vick executrix and executors of this my will. And I hereby revoke all former wills by me at any time heretofore made. In witness whereof I have to this my last will and testament contained on four sheets of paper to each sheet thereof set my hand and name this fifteenth day of May in the year of our Lord one thousand eight hundred and fifty eight.
Wm. Gwinnett
Signed, published and declared by the said testator, William Gwinnett, as and for his last will and testament in the joint presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names: Benjm. Jordan, Gloucester; Mary Bossom, Bell Lane, Gloucester.
This is a codicil to the last will and testament of me, William Gwinnett, of the city of Gloucester, maltster, which will bears date the fifteenth day of May in the year one thousand eight hundred and fifty eight.
Whereas by my said will I have directed my trustees and executors therein named to pay unto the executors, administrators or assigns of my wife, Urania, or to such person or persons as she should by deed or will give and bequeath the same, the sum of three hundred pounds, now I hereby revoke the above mentioned bequest to the appointees or executors of my said wife.
And I hereby give the said sum of three hundred pounds unto my said wife’s daughter, Mary Elizabeth George, the wife of Edward George of the city of Hereford, timber merchant, for her own absolute use and benefit. Also I give and bequeath to the said Mary Elizabeth George the sum of ninety-five pounds secured to my said wife (in her maiden name of Urania Partridge) on mortgage of certain property situate in Kingsholm, Gloucester, now or late belonging to Mr James Ravenhill.
And also I bequeath to the said Mary Elizabeth George my household furniture, plate, linen, china, glass, wines, spirits and other household stores in my said will bequeathed to my said wife and except as aforesaid I confirm my said will. In witness whereof, I have hereunto set my hand and name this twenty third day of April in the year of our Lord one thousand eight hundred and fifty nine.
Wm. Gwinnett
Signed, published and declared by the said William Gwinnett as and for a codicil to his will in the joint presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses: Arthur Lewis, clerk to Messrs Elliott and Swain; Mary Bossom, servant to Mr Gwinnett, Bell Lane, Gloucester.
Provided on the 9th day of October who by the oaths of William Viner Ellis and Richard Martin (in the will written Richard) Vick, two of the executors to whom administration was granted, Urania Gwinnett, the wife of the testator having died in his lifetime. Effects sworn under £600. Testator died 21st day of May 1860.
Originally transcribed by Barbara Gwinnett