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Will transcribed by Janet Meads 2016 |
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This is the last Will and Testament of me David Miller of Burton Latimer in the County of Northampton, Gentleman which I make as follows – I appoint my Brother in law John Leete of Emberton in the County of Buckingham Farmer Executor hereof – I give devise and bequeath unto the said John Leete his heirs executors administrators and assigns my Messuages Lands Tenements hereditaments and real Estate whatsoever and wheresoever And all my household Goods and furniture plate linen and china and all other my Personal Estate whatsoever and wheresoever To hold the same unto and to the use of the said John Leete his heirs executors administrators and assigns Upon Trust that he the said John Leete his heirs executors administrators and assigns shall and do as soon as conveniently may be after my decease sell and absolutely dispose of the same Lands Tenements hereditaments and real Estate either together or in parcels and either by public auction or private contract as to him or them shall appear expedient for the best price or prices in money that can reasonably be had or obtained for the same and to convey the same to such purchaser or purchasers accordingly. And also as soon as conveniently may be after my decease to convert into money all such parts of my Personal Estate as shall not consist of money or securities for money and collect get in and receive all other parts thereof – And I declare that the receipts of the said John Leete his heirs executors administrators or assigns shall be a sufficient discharge or discharges to the purchaser or respective purchasers of the said hereditaments and real Estate or of any part or parts thereof for so much of the purchase money as shall be therein acknowledged to be or to have been received and such purchaser or purchasers his her or their heirs executors or assigns or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money so expressed to have been received or be bound to see to the application thereof. And I do hereby direct that the said John Leete his executors and administrators shall stand possessed of the moneys to arise from such sale or sales of my real Estate as aforesaid and to arise and be collected from my Personal Estate as aforesaid Upon Trust (subject to the payment of my just debts funeral and testamentary expenses) to pay distribute and divide the same unto between and amongst my three children share and share alike as Tenants in Common and I do declare that it shall be lawful for my said executor by and out of the moneys which by virtue of the my Will shall come to his hands to retain to and reimburse himself all such costs and charges as he may expend or be put unto in the execution of the trusts hereof And that he shall be answerable only for his acts and wilful defaults and shall not be chargeable for any sums of money other than such as shall be paid to his hands nor for any loss or damage which may happen in the execution of the trusts of this my Will. And lastly hereby revoking all former Wills by me at any time heretofore made I declare this only to be and contain my last Will and Testament. In Witness whereof I the said David Miller the Testator have hereunto set my hand the sixth day of December in the Year of our Lord One thousand eight hundred and forty seven David Miller Signed and Declared by the said David Miller the Testator as and for his last Will and Testament in the presence of us who in his presence at his request in the presence of each other and at the same time have hereunto subscribed our names witnesses (the name David being throughout written on an erasure) William Gibbon Benjamin Leete Proved in the Archdeaconry of Northampton on the 20th day of March 1848 by John Leete the sole Executor. Testator died on the 19th of January 1848
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