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WILL CHARLES STERRY,
WESTBURY ON SEVERN, 1831

 

This is the last Will and Testament of me Charles Sterry of Rodley in the parish of Westbury upon Severn in the county of Gloucester Waterman I give and bequeath all my household goods and furniture wearing apparel plate linen china glass casks and brewing utensils and also my sloop or vessel called the Industry with all appurtenances thereto belonging unto my son Thomas Sterry of Broad Oak in the parish of Westbury upon Severn and John Sly of Broad Oak in the said parish of Westbury upon Severn Mariner upon trust that they and the survivor of them his executors or administrators do and shall sell as much thereof as will raise thesum of fourteen pounds and after raising such sum then I give and bequeath the whole residue of my before mentioned personal property unto my sons William Sterry and John Sterry equally to be divided between them share and share alike I give and bequeath unto the said John Sly and Thomas Sterry the said sum of fourteen pounds so directed to be raised as aforesaid and all my money securities for money debts goods chattels rights credits and all other my personal estate and effects whatsoever and hereinbefore disposed of upon trust that they the said Thomas Sterry and John Sly and the survivor of them his executors and administrators so and shall as soon as can be after my decease convert all such parts thereof as shall not consist of ready money at the time of my decease into money and thereout and with my said ready money in the first place pay and discharge all my just debts and funeral and testamentary expenses and from and after payment thereof then do and shall pay the following lagacies that is to say unto my said son Thomas Sterry five hundred and forty pounds unto my son William Sterry four hundred and forty pounds unto my said son John Sterry four hundred and forty pounds unto my daughter Ann the wife of William Harvey of Rodley aforesaid farmer two hundred and ten pounds and the further sum of fifty pounds lent by me to the said William Harvey and unto my daughter Mary the wife of John Butler of Rodley aforesaid Waterman two hundred and sixty pounds and from and after payment of the aforesaid legacies or securities as they my said trustees or the survivor of them his executors or administrators shall from time to time approve and pay such interest as received unto or otherwise permit the same to be received by my daughter Sophia Bennett wife of Samuel Bennett of Rodley Seaman and her assigns for her natural life separate from her present or any future husband and without being subject or liable to his or their debts controll or engagements but the receipt and receipts of the said Sophia Bennett alone and notwithstanding her coverture and whether covert or sole to be a good and sufficent discharge and discharges to the person or persons paying the same and from and after the decease of the said Sophia Bennett upon trust to pay unto and equally divide the said principal money so directed to be placed out at interest as aforesaid between and amongst all and every her child and children if more than one share and share alike and if but one then wholly to such one child the share or shares of such child and child to be on interest vested in them respectively at their respective ages of twenty one years but nevertheless to be paid and payable at the respective times hereinafter mentioned that is to say the share or shares of such of the said child and children as shall be under the age of twenty one years at the time of the decease of the said Sophia Bennett when and as they shall respectively attain that age and to such of them shall attain that age in her lifetime or to his her and their respective executors administrators or assigns immediately after her decease provided always and it is my will and I hereby declare that if any or either of the child or children of the said Sophia Bennett shall be under the age of twenty one years then and in such a case the share hereby intended for every such child or children so dying shall from time to time go and accrue to the survivors or survivor and others or other of the same child and children and be equally divided between and amongst such survivors or others of them if more than one share and share alike and the same shall become vested interests in and be paid and payable to him her or them at such respective ages days or times and shall go in the same manner as is hereinbefore provided and declared touching his her or their original share or shares respectively and such benefit of survivorship or accruer shall extend as well to the surviving or accruing as to the original shares and upon this further trust that they my said trustees and the survivor of them his executors and administrators do and shall in the meantime from and after the decease of the said Sophia Bennett until the share or shares of her said child or children of and in the said principal money directed to be placed out at interest as aforesaid shall become payable lay out the yearly interest of each child's presumptive share of interest with all accumulations thereof and pay such interest and accumulations to each child and children as and when and in the same manner in all respects as hereinbefore provided and declared concerning his her or their original share and shares and each the same benefit of survivorship and accruer and from and after payment of the aforesaid legacies and placing out the said sum of two hundred and sixty pounds at interest as aforesaid then do and shall pay unto and equally divide the whole residue if any of my residuary personal estate between all my aforesaid sons and daughters share and share alike Nevertheless as to the share of my said daughter Sophia Bennett to for and upon the same trusts and intents and as are hereinbefore declared concerning the said sum of two hundred and sixty pounds so bequeathed for her benefit provided always and I do hereby declare that in case my personal estate shall prove insufficient to pay all the pecuniary legacies heretobefore given to my said sons and daughters then that such deficiency shall be borne and deducted out of the said legacies heretobefore by me bequeathed rateably(?) and in proportion to such several legacies and I do hereby declare that it shall be lawful for the said John Sly and Thomas Sterry and the survivor of them his executors and administrators by and out of the said trust monies and promises respectively to reimburse and satisfy themselves and himself all such costs charges damages and expenses which they he any or other of them shall sustain expend or be put unto in or about the execution of the trusts of this my will and that neither of them shall be answerable or accountable for any involuntary loss or misfortune which may happen to the said trust monies and promises nor for any more money than they shall respectively receive nor shall one of them be answerable or accountable for the acts receipt or default of each other but each for his own act receipt and wilful neglect and default only and lastly I hereby appoint the said John Sly and Thomas Sterry Executors of this my will hereby revoking al former and other wills by me made and declaring this only to be my last will and testament In witness whereof I the said Charles Sterry the testator have to this my last will and testament written and contained in three sheets of paper to the two first sheets hereof set my hand and to this third and last sheet my hand and seal this twenty ninth day of July in the year of our Lord one thousand eight hundred and thirty one. Chas Sterry.

Signed sealed published and declared by the said Charles Sterry the testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses hereto (the interlineations between the twenty fifth and twenty sixth and the thirty second and thirty third lines of the first sheet thereof having been first made) Wm Wintle Rodley Gentleman - John James Jnr Solr (Solicitor) Newnham Gloushire

Proved at London 18th Nov 1831 before the Judge by the oaths of John Sly and Thomas Sterry the son the executors to whom admon was granted being first sworn by comon duly to admr

This is the Will of Charles Sterry (1757-1831), son of Thomas Sterry and Sophia Partridge on the Longhope Sterry line.