Wills (ERO D/ACR 22/579 Robt Hunt 1854 1856)

7.3.1854 (Thursday 7 March 1854)

document 93001105

this is the last will and testament of me Robt Hunt of Earls Colne in the county of Essex ironfounder I appoint my wife Mary Hunt and my sons Thos Hunt Robt Hunt and Reuben Hunt executrix and executors and also trustees of this my will I devise all my freehold estates that I may die possessed of unto my said wife Mary Hunt and my said sons Thos Hunt Robt Hunt and Reuben Hunt and their heirs upon trust that they or the survivors or survivor of them or the heirs of assigns of such survivor shall as soon as conveniently may be after my youngest child for the time being shall attain the age of twenty-one years sell the said freehold hereditaments and I authorise and empower them at the same time to sell all the copyhold estates that I shall die possessed of to either of my said three sons Thos Hunt Robt Hunt or Reuben Hunt (notwithstanding their being named trustees of this my will) at a price to be fixed upon by a valuation to be made of the said hereditaments and premises by two competent persons one to be chosen by my said trustees and the other by such of my said sons to whom such offer shall be made and in case of the disagreement of such two valuers by the umpire to be chosen by such valuers before they enter upon their valuation the offer of the said hereditaments and premises at the price so to be fixed to be made in the first instance to my said son Thos Hunt and in case of his refusing or neglecting to purchase the said hereditaments and premises within twenty-one days after such offer shall have been so made to him then the same hereditaments and premises shall be offered at the same price to my said son Robt and in case of his refusing or neglecting to purchase the same hereditaments within twenty-one days after such offer shall have been so made to him as aforesaid then the same hereditaments shall be offered at the same price to my third son Reuben Hunt and in case of his refusing or neglecting to purchase the same within twenty-one days after the same shall have been so offered to him as aforesaid then I direct my said trustees to sell my said hereditaments and premises and real estate either by public auction or private contract and either together or in parcels with full power to buy in the same or rescind any contract for sale of my said freehold and copyhold estates or any part thereof and to resell the same without being responsible for any loss which may be occasioned thereby and to make do and execute all such acts deeds and assurances for effectuating any such sale as they he or she shall think fit I direct my said executors as soon conveniently may be after my decease to cause a fair valuation to be made by some indifferent person of my stock in trade and fixtures used in my trade and to offer the same to my three sons Thos Robt and Reuben jointly at such valuation but if they shall decline to purchase the same jointly at such valuation or shall neglect to pay the amount of such valuation within three calendar months next after the offer shall have been so made to them in writing then I direct my executors to offer the same (at such valuation as aforesaid) to my said sons separately the elder to have priority and choice before the younger but in case no son of mine shall be competent or willing to purchase the same at such valuation or shall neglect to pay the amount of such valuation within three calendar months next after the offer shall have been made to them in writing then I direct my executors to offer the same at such valuation as aforesaid to my said wife Mary Hunt but if she declines to purchase the same at such valuation or shall neglect to pay the amount of such valuation within three calendar months next after the offer shall have been made to her in writing then I direct my executors to offer the same at such valuation as aforesaid to any person or persons willing to become the purchaser or purchasers thereof and if no person or persons can be found willing to purchase the same at such valuation or shall neglect to pay the amount of such valuation within three calendar months next after the offer shall have been made to such person or persons in writing then I bequeath the same together with all other my personal state and effects that I shall die possessed of to the said Mary Hunt Thos Hunt Robt Hunt and Reuben Hunt their executors and administrators upon trust that they or the survivors and survivor of them or the executors or administrators of such survivor (hereinafter called my trustees and trustee) shall as soon as conveniently may be call in sell and convert into money such part of my said personal estate as shall not consist of money and I declare that my said trustees or trustee shall invest the monies to arise from the sale of my said real estate and from the calling in sale and conversion into money of such part of my said personal estate as shall not consist of money and the money of which I shall be possessed at my death in their names or name in any of the public stocks or funds of Great Britain or upon government or real securities in England of in or upon the shares stocks or securities of any company incorporated by act of parliament and paying a dividend with power for my said trustees or trustee to vary the said stocks funds shares and securities at their or his discretion a nd I direct that my said trustees or trustee shall stand possessed of the said trust monies and the stocks funds shares and securities in or upon which the same shall be invested together with the rents and profits of my said real estate until the same shall be sold as aforesaid after paying all outgoings and for all necessary reparations for the insurance of my houses and buildings from fire upon trust to pay unto my said wife Mary Hunt (provided she continue my widow but not otherwise) and in case of my said wife marrying again I direst the annuities next hereinafter mentioned absolutely to cease the clear annual sum of £50 until my youngest child for the time being shall attain the age of twenty-one years and when and as soon as my said youngest child for the time being shall attain the age of twenty-one years then to pay unto my said wife the reduced annual sum of £25 during the then remainder of her life or until she marry again such annual sums respectively to be paid half yearly into the proper hands of my said wife so that my said wife may not have power to alienate dispose of engage or receive the same or any part thereof by way of anticipation and as to the said trust monies and premises stocks funds and securities and the rents interest dividends and annual income thereof upon trust subject to the said annuity hereby given and bequeathed to my said wife and which may be payable to her under the provisions of this my will for such of my children as may live to attain the age of twenty-one years or (being a daughter or daughters) shall live to attain that age or be married and also such child or children of any child of mine who shall die under the age of twenty- one years as being a son or sons shall live to attain the age of twenty-one years or being a daughter or daughters shall live to attain that age or be married to be divided between my said wife and children in equal shares and proportions but so that the child or children collectively of any deceased child of mine shall take only the share which such child would have taken if living and I declare that the respective shares of my said daughters shall be paid to such person or persons or settled or assigned in such manner as such daughters respectively shall whether covert or sole direct or appoint and in default or appointment into the proper hands of such daughters respectively for their sole and separate use free from the control debts or engagements of any husband to whom they may respectively be married I authorise the acting executors or executor for the time being of this my will to satisfy any debts claimed to be owing by me or my estate and any liabilities to which I or my estate may be alleged to be subject upon any evidence they he or she may think proper and to accept any composition or security for any debt whether accruing or becoming due or payable under the trusts of this my will or otherwise and to allow such time for payment either with of without taking security as to the said acting executors or executor shall seem fit and also to compromise or submit to arbitration and settle all accounts and matters belonging or relating to my estate and generally to act in regard thereto as they or he shall think expedient without being responsible for any loss thereby occasioned and I hereby declare that if the said trustees hereby appointed or any of them or any trustee or trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said trustees or trustee (and for this purpose and retiring trustee shall be considered a trustee) may appoint any other perso n or persons to be a trustee or trustees in the place of t he trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable to act and upon every such appointment the said trust premises shall be so transferred that the same may become vested in the new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require and every such new trustee shall (both before and after the said trust premises shall have become so vested) have the same powers authorities and discretions as if he had been hereby originally appointed a trustee and I declare that the receipt or receipts in writing of the trustees for the time being of this my will or any or either of them for any money payable to them or him under or by virtue of the several trusts aforesaid shall be a good and sufficient discharge for the same and shall effectively exonerate the person or persons paying the same his or their heirs executors administrators and assigns from all liability or concern to see to th e application thereof and I declare my will to be that the trustees or trustee for the time being of this my will shall be chargeable only with such monies as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for the banker broker or other person in whose hands any of the trust monies shall be placed nor for the insufficiency or deficiency of any stock funds shares or securities nor otherwise for involuntary losses and that the said trustees or trustee for the time being may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts in witness whereof I have hereunder set my hand this 7.3.1854 Robt Hunt signed by the said Robt Hunt the testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Geo Wm Harris solicitor Halstead Essex Jn Bunn junior clerk to messrs Sperling & Harris solicitors Halstead