(23) Probate of the Will of Joseph Smith – 31st March 1772

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On Cover: Probate of the Will of Joseph Smith deceased – 31st March 1772

Document: 

This is the last will and Testament of me Joseph Smith of Tewkesbury hosier for the disposition of that estate wherewith I am blessed

First I direct and order all my just debts and funeral expenses and the charges of this my will to be paid and discharged out of my personal estate (except such mortgage debt or debts that shall be charged on my Real estate)

Also I give and devise unto my dear brother Robert Smith of Tewkesbury maltster his executors and assigns – All those my two freehold Messuages or tenements with the buildings, hereditaments and appurtenances thereto belonging lying and being in Tewkesbury aforesaid 

One of them is situated in the High Street there in my own possession

The other of them lying in the Church Street there in occupation of Dorothy Vicars widow as my tenant

To have and to hold the same hereditaments and premises unto said Robert Smith his executors and administrators for and during the term of 99 years IN TRUST to receive 

By and out of the Rents, Issues and Profits of the said Premises from time to time to pay the interest of such money as I owe on mortgage and also to put and keep the premises in repair and subject thereto to permit and suffer my dear wife Sarah Smith and her assigns to receive the residue and remainder of the Rents Issues and Profits thereof for and during so many years of the said term as she shall happen to live

And from and immediately after her decease then my Will is that the said term shall cease and be void

And I give and devise unto my niece Elizabeth Price wife of Joseph Price of the City of Hereford milliner her heirs and assigns forever

All that my Messuage or Tenement hereditaments and premises now in my own possession subject to the payment of such mortgage incumbrances as shall effect the same at the time of my decease

To have and to hold the same premises unto and to the use of the said Elizabeth Price her heirs and assigns forever

And as to the said Messuage or Tenement and premises in the occupation of the said Dorothy Vicars – I give and devise the said premises to the said Robert Smith his heirs and assigns forever

Also I give and bequeath unto said Robert Smith his executors and administrators – All those my 8 stocking frames to wit

• 1 32 gauge frame
• 1 31 gauge frame
• 1 30 gauge frame
• 2 28 gauge frames
• 2 24 gauge frames
• 1 18 gauge frame
• My book debts and stock in trade 

IN TRUST to sell and dispose of the same and by and out of the money arising therefrom –

In the first place to pay and discharge all my just debts funeral expenses and charges of proving this my will that shall appear due and owing at the time of my decease (except such debt or debts as shall be charged on any part of my said real estate which I direct and order shall remain a charge thereon to be paid and discharged by the person who shall be entitled to the same premises on my wife’s decease

And after payment and satisfaction thereof IN TRUST and confidence to put and place out at interest the surplus of such money arising by such sale upon the best security that can or may be had or gotten for the same and the interest thereof from time to time to pay and apply to the use of my said wife during the term of her life – to whom I give and bequeath the same accordingly

And from and immediately after my said wife’s decease

I give and bequeath such surplus money arising by such sale unto my dear brother Thomas Smith his executors administrators and assigns as his or their own property forever

Also I give to the said Robert Smith – my silver watch

To my nephew William Smith – my wearing apparel of all sorts both linen and woollen

Also I give and bequeath unto my said wife Sarah Smith – all my money, securities for money, goods, chattels, effects and personal estate of whatever nature kind quality soever or wheresoever not hereinbefore disposed of 

To hold to my said wife her executors administrators and assigns as her or their own property forever

And lastly I constitute and appoint the said Robert Smith sole executor of this my last will and Testament – In witness whereof I Joseph Smith the testator have put my hand and seal this 31st March 1772

Signed: Mark of Joseph Smith

Witnesses: William Lambert; Elizabeth Hathaway; John Toms junior

Proved Canterbury 12th May 1772 by Robert Smith brother and sole executor

Note in Margin states: - Examined with original Will by Thomas Collins