The Will of John Weaver late of Bromsgrove in the County of Worcester Innkeeper deceased - Proved 5th June 1844

This is the last Will and Testament of me John Weaver of Bromsgrove in the County of Worcester Innkeeper being of sound mind memory and understanding I give devise and bequeath unto my son William Weaver and John Jones of Bromsgrove aforesaid Gardener All that my Messuage Tenement Dwellinghouse or Inn called or known by the name or Sign of the Sampson Inn situate and being in Worcester Street in the town and parish of Bromsgrove in the County of Worcester aforesaid with the Stabling Offices outbuildings yards and appurtenances thereto belonging Also All that my Messuage or tenements with the outbuildings and appurtenances thereto situate in the Strand in the Town and parish of Bromsgrove in the said County of Worcester now in the occupation of Francis Knight Butcher Also All those my two messuages or tenements Gardens hereditaments and premises to same respectively belonging situate at Catshill in the Parish of Bromsgrove in the County of Worcester aforesaid now or late in the respective occupations of William Wilson and William Wilkes Also All my ready monies and securities for money Stock in Trade Implements and Household Furniture And Also All other my real and personal Estate and Effects whatsoever or wheresoever the same may be at the time of my decease of which I have by this my Will a power to dispose and whether already vested or which may hereafter become vested in me (except estates held by me as Trustee or Mortgage in fee) To Hold unto my said son and John Jones their Heirs Executors Administrators and Assigns according to the different natures and qualities of the same respectively upon and for the several trusts intents and purposes following (that is to say) Upon Trust in the first place and by and out of such part of my personal Estate as may consist of Money (if sufficient bu if not out of any part of my said personal estate) to pay and discharge all my just debts funeral Expenses and the Costs and Charges of proving this my Will and after full payment thereof to place out at interest the residue (if any) of my personal Estate as may consist of money upon such Security as my said Trustees shall think proper and to stand as well possessed thereof as also se[..]ed of my said real Estate hereinafter devised to them Upon Trust to permit and suffer my Dear Wife Elizabeth to reside in occupy and enjoy my said messuage Tenement Dwellinghouse or Inn called the Sampson in case she should like to reside therein and carry on the Business of an Innkeeper or otherwise for

Witnesses Ann Bromfield M Doogood John his X mark Weaver

Then my said Trustees to pay and apply the rents issues profits and proceeds thereof as also of all other my said real Estate and do and shall permit and suffer her my said Wife to use and enjoy all and singular my Household Furniture and other my personal Estate and Effects and to receive the Interest (if any) of my personal Estate as be so placed out as aforesaid for and during the Term of her natural life and from and after her decease Upon Further Trust that they my said Trustees or the Survivor of them his Heirs Executors Administrators or assigns shall and do absolutely sell and dispose either by public auction or by private contract or by both of these means and in such parcels and manner as they or he shall this most advantageous All and singular my said several messuages Tenements Dwellinghouses Inn hereditaments and premises and all other my real Estate whatsoever And Also All and singular my personal Estate which may not consist of money and to stand possessed of and interested in the monies arising from the Sale on disposition by virtue of this my Will upon the Trusts hereinafter mentioned that is to say Upon This Further Trust that my said Trustees or the survivor of them his Heirs Executors or Administrators do and shall in the first place pay and discharge the expenses attending the Sale of my said Estate and Effects and of carrying into effect the trusts of this my Will and in the next place to pay apply and divide the remainder of the monies to arise by the means aforesaid unto and among my Sons William Weaver, Joseph Weaver and Richard Weaver and my Daughter Mary Ann the wife of Henry Dalton of Bromsgrove in equal shares and proportions to whom I give and bequeath same respectively Provided Always and my Will is that if either of my said sons or my said daughter shall die before my said Wife leaving lawful issue then In Trust that they my said Trustees or the Survivor of them his Executors or Administrators shall pay and divide the part or share so hereby intended for him or them so dying unto such of his her or their Issue share and share alike if more than one when and so soon as they shall severally and respectively attain their several and respective ages of twenty one years and to pay and apply the Interest dividends and produce thereof in the mean time for and towards their respective maintenance education and support But if either of my said sons or my said Daughter shall die without leaving any lawful Issue living at the time of my said Wife's decease then his her or their part or share so dying shall go to and I

Witnesses Ann Bromfield W Doogood John his X mark Weaver

Give and bequeath the same to be divided amongst all of his her or their surviving Brother and Sister share and share alike and to be paid at the same time as in the same manner as his her or their original share And it is my Will and I direct that he receipt or receipts of my said Trustees for the time being to the purchaser or purchasers of all or any part of my said Estate shall be good and sufficient discharges for the same and that such purchaser or purchasers shall not be bound to see to or be in any respect liable or accountable to any person whomsoever for or towards the application misapplication or non-application of all or any part of such purchase consideration money And I hereby declare my Will to be that it shall and may be lawful to and my said Trustees or the Heirs or Assigns of the Survivor of them by and out of all or any of the monies which by virtue of this my Will or any Trust herein declared as shall come to his or their hands to deduct retain or reimburse himself and themselves all such reasonable costs charges and expenses as he or they shall or may sustain expend or be put unto in or about the execution of this my Will And Also that they my said Trustees or the Survivor of them or his Heirs Executors Administrators or assigns shall not be charged or chargeable with or for any loss or damage which may happen in or about the execution of all or any of the trusts hereby in him or them reposed without his or their respective defaults I give and devise all Estates now or hereafter vested in me as Mortgage in fee or as trustee for any other person or persons unto the said William Weaver and John Jones their Heirs Executors Administrators and assigns according to their respective nature and legal qualities of the said Estate respectively but upon and for the same trusts and subject to the same equities upon for and subject to which the same now are or hereafter may be subject or liable And Lastly I hereby nominate and appoint my said Wife Executrix and my said Son and John Jones Executors of this my Will and Wills by me at any time or times herebefore made and I do hereby declare this to be my last Will and Testament In Witness whereof I the said Testator John Weaver have to this my last Will and Testament contained upon four sheets of paper to the first three sheets set my hand and to this

Witnesses Ann Bromfield W Doogood John his X mark Weaver

fourth and last sheet thereof my hand and Seal and pblished the same this twenty eighth day of October One thousand eight hundred and forty three -//-

The mark X and Seal of John Weaver

Signed sealed published and delivered by the said Testator John Weaver as and for his last Will and Testament in the presence of us who being present together at his request and in his presence have subscribed our names as Witnesses -//-

Ann Bromfield, Bromsgrove

W Doogood Solr., Bromsgrove

5th June 1844

The Executrix and Executors in the Will named appeared and were sworn in common form of Law. Also then the Personal Estate of the Testator who died on or about the 14th day of February 1844 does not amount in value to the Sum of One hundred Pounds

Before me W.H.Weston, surrogate