Probate copy will of Thomas Colmer of Bassett Lane End, woodman, 1853
From The Muniment Room, a resource for social history, family history, and local history.
Probate copy will of Thomas Colmer of Bassett Lane End, woodman, 1853[1] is a document from Bundle 2.
Abstract/description
Probate copy will of Thomas Colmer of Bassett Lane End, woodman, 6 May 1853, proved 6 Mar 1858 at Winchester . 1853-1858. Bequest of house to trustees.
Transcription[2]
This is the last WILL AND TESTAMENT of me Thomas Colmer of Basset End Lane in the parish of North Stoneham in the County of Southampton Woodman I direct that all my just debts funeral and testamentary expenses be paid and satisfied as soon as conveniently may be after my decease and subject hereto I give and bequeath unto my dear wife Hannah Colmer all my household goods and furniture money securities for money Stock in trade chattels and effects whatsoever and wherever to and for her own absolute use and benefit I give and devise unto my said wife and to my two sons William and Thomas Colmer their heirs and assigns All that my freehold cottage and garden and appurtenances situate and being at Basset Lane End aforesaid and now in my occupation upon trust that they my said trustees or the survivor of them or the heir's executors or administrators of such survivors or other trustee or trustees of this my Will for the time being do and shall permit and authorize my said wife Hannah Colmer to have to hold to enjoy and receive and take the rents issues and profits thereof for and during the term of her natural life
And from and immediately after her decease Upon trust that they the said Trustees and trustee for the time being of this my Will do and shall sell and dispose of my said freehold Cottage and Garden with the appurtenances by public auction or private sale and at such time or times and for such price or prices in money as such Trustees or Trustee shall think proper with power to buy in the same at any such auction and to rescind any Contract for Sale without being responsible for any diminution in the price for which the same may be ultimately sold
And as to the monies to arise by such Sale or Sales and the rent and income thereof from my said wife's decease until sold in trust after the payment of all expenses attending such Sale or Sales to pay and divide the same unto and equally between all and every my children who shall be living at the time of the decease of my said Wife in equal shares and proportions as Tenants in Common and not as Joint Tenants the share of such Children as shall be a daughter or daughters shall be for her or their sole separate and peculiar use free and independent of the debts control or engagements of any husband or husbands she or they may happen to have and as if she or they were sole and unmarried and so that the receipt of such daughter or daughters alone not withstanding coverture and whether covert or sole shall be good and sufficient acquittances and discharges for the same
And whereas my eldest Son Samuel Colmer is lately become Insane and it is my will that my said Trustees or Trustee for the time being of my said Will shall stand possessed of his share of the monies to arise from the Sale of my said Cottage and Garden and the rent and the income hereof Upon Trust to invest the same and to pay the interest and proceeds thereof towards the maintenance of my said Son Samuel But in case of the death of my said Son Samuel then I direct my said Trustees to pay his share unto and equally between all my children as shall be living at the time of my decease And I direct that my said Wife shall and may in her discretion have power to raise so much money as she my said wife may think fit or require by way of Mortgage of my said Cottage and Garden with the appurtenances And that the Trustee or Trustees for the time being of this my Will shall do all lawful acts and deeds necessary for the making or confirming such Mortgage or Mortgages and to apply the money so raised for her support or maintenance during her widowhood but not afterwards And I declare that the receipt or receipts in writing of the Trustee or Trustees for the time being of this my Will or the Survivor of them his or her heirs executors or administrators for all or any of the monies payable to them her or him by virtue of this my Will shall be sufficient discharges to the purchaser or purchasers and person or persons paying or advancing the same monies and all whom it may concern and release and discharge the same person or persons from all liability by reason of the misapplication or non application of the same and from being bound to ascertain or enquire into the propriety of any Sale or mortgage to be made by virtue of this my Will provided always that if my above Trustees or either of them or any Trustees or Trustee to be appointed as hereinafter mentioned shall depart this life or desire to be discharged from the aforesaid trust or neglect or become incapable to act therein it shall be lawful for the surviving or continuing Trustee or the Executors or Administrators of the last acting Trustee to appoint a person or persons to be Trustee or Trustees of this my Will whereupon such Conveyances acts and deeds shall be made and done to vest the said trust estate and property either in the continuing Trustee and the new Trustee or Trustees solely as may be necessary and so that every new Trustee shall have a full power in the premises as if appointed by this my Will and none of such Trustees or my Executors shall be answerable for the acts receipts or defaults of any other of them notwithstanding the joining in any receipt for conformity and none of them shall be answerable for any Banker Broker or other person with whom any of the said trust monies or estate may be placed in the execution of this my Will nor for any other misfortune loss or damage unless occasioned by their own wilful default and every trustee of this my Will shall reimburse himself and his Co trustee all costs charges and expences[sic] attending the trusts and execution of this my Will And I appoint my said wife Hannah Colmer and my said Sons William and Thomas Executrix and Executors of this my last Will and Testament IN WITNESS whereof I have hereunto set my hand and seal this sixth day of May in the year of our Lord One thousand eight hundred and fifty three
Thomas Colmer (LS)
Signed and acknowledged by the said Thomas Colmer as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto. Charles Lock. 15 Cranbury Place. Southampton
Rich'd Pink Surveyor Hambledon
