Will of Mary Elizabeth STRANGE BRK 1857

This is the last Will and Testament of me Mary Elizabeth Strange the wife of The Reverend William Allder Strange of Abingdon in the County of Berks Clerk whereas under and by virtue of the Settlement made and executed upon my marriage with my said husband a power is given or reserved to me of devising bequeathing or appointing a certain sum of Three thousand and seven hundred pounds three per cent consolidated Bank Annuities then invested and now standing in the names of my brother Gabriel Davis of Abingdon aforesaid Esquire and my brother in law Charles Henry Swann of Sandford Oxfordshire Esquire (the Trustees of my said Marriage Settlement) in the books of the Governor and Company of the Bank of England upon certain trusts for me or for my benefit in my said Marriage Settlement set forth and contained and whereas I am anxious of executing the said power in the manner hereinafter mentioned now therefore I the said Mary Elizabeth Strange in pursuance of the said power contained in the said Settlement and of all and every other power in anywise enabling me in that behalf hereby this my last Will and Testament in writing signed and published by me in the presence of and attested by the three credible persons whose names are intended to be hereunder written as witnesses hereto give devise bequeath [?] and appoint All and singular the said sum of Three thousand and seven hundred pounds three per cent Consolidated Bank Annuities and all and every other the stocks funds and Security which at the time of my decease may be held by or stand in the names of the Trustees of my said Settlement in trust for me or for my use and benefit as aforesaid unto them the said Gabriel Davies and Charles Henry Swann and the survivor of them and the executors and administrators of such survivor upon the trusts following that is to say upon trust from and immediately after my decease to stand possessed of an interested in the said trust monies stocks funds and securities and every part thereof with full power and authority to sell out repurchase and transfer the same or any part thereof into any of the public stocks or Government Funds of Great Britain or to invest the same or any part thereof on mortgage upon Freehold securities in Great Britain as he or they or the survivor of them or the executors administrators or assigns of such survivor may think proper and in the mean time and from time to time to stand possessed thereof upon further trust for all and every the child and children of me the said Mary Elizabeth Strange equally to be divided between and among them if more than one share and share alike and if but one then the whole to such one child the share of each such child or children respectively to be paid and payable to him her or them and be a vested interest in him her or them so as to be transmissible to him her or their representatives respectively as and when he she or they shall severally attain the age of twenty one years and I direct that the interest and dividends arising from the share of each such child or children shall be received by my said Trustees and by them repurchased into the said such funds or otherwise allowed to accumulate for the benefit of each such child during his her or their respective minority as they or he my said Trustees or Trustee shall think proper and I direct the said accumulations together with the principal of each such share be paid by my said Trustees to each such child as and when he she or they shall respectively attain the said age of twenty one years and in case it shall happen that any one or more of my said child or children shall be under the age of twenty one years have been married and leaving a child or children them surviving then I direct that the share of each such child so dying under twenty one having been married and leaving issue as aforesaid shall go to and be paid and payable unto all and every his or her child and children equally among them and be paid and payable to him her or them respectively on their respectively attaining the age of twenty one years Provided always and I do hereby direct and appoint that in case any one or more of my said children shall depart this life under the age of twenty one and without having been married or if married without leaving a child or children as aforesaid them surviving then and in such case as well the original share of every child so dying under the age of twenty one and without having been married or if married without having left a child or children as aforesaid them surviving as that which shall have arrived by virtue of this present clause and all accumulations of interest upon such share or shares as aforesaid shall from time to time go accrue belong to and be in trust for the other or others of my surviving children or the children of any deceased child of mine who shall have married and died under twenty one leaving lawful issue (such issue to take the share of their deceased parent) in equal shares if more than one and that the same shall be vested in them him or her at the same time or times with their his or her respective original share or shares and be paid assigned or transferred to them him or her respectively therewith or as soon afterwards as circumstances will admit of but in case it shall happen that I shall leave no child or children me surviving who shall live to attain the age of twenty one years or be married and if married have died under that age without leaving lawful issue him or her surviving then I direct and appoint that my said Trustees or the survivor of them or the executors or administrators of such survivor of the Trustee or Trustees of this my last Will for the time being shall pay the interest dividends and proceeds of the said stocks funds and securities and every part thereof half yearly unto my husband the said William Allder Strange for and during the term of his natural life to and for his own proper use and benefit and from and immediately after his decease I do hereby give and bequeath the whole of the said property to my brothers and Sisters the said Gabriel Davis Eliza the wife of the said Charles Henry Swann William Henry Davis Cresswell Davis and James Morris Davis and my brother in law Charles Strange their executors and administrators absolutely equally between them share and share alike and if any one or more of them my said brothers and sisters or my said brother in law shall have departed this life in the [?] leaving a child or children I direct that such child or children shall succeed to and take the share and portion of his her or their deceased parent respectively provided always and I hereby direct and appoint that the receipts of the said Trustees and Executors of this my Will and the survivor of them his executors administrators or assigns shall be a good discharger for all monies which in such receipts shall be expressed to be received and that all persons paying any money to him or them for the purposes of this my will and taking a receipt from him or them as accordingly shall not be obliged to see to the further application of the same monies nor be accountable for the misapplication thereof provided lastly and I hereby declare that on the death refusal or incapacity to act of either of them the said Executors and Trustees hereinafter named or any Trustee or Trustees to be appointed in his or their place or stead it shall be lawful for the acting Trustee or Trustees for the time being of this my Will or the executors or administrators of the last acting Trustee to appoint a new Trustee or Trustees in the place or stead of such Trustee so dying refusing or becoming incapable to act and to convey or transfer the said trust property or the stocks funds or securities wherever the same may then be invested to such new Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require and every such new Trustee his executors or administrators shall have and may exercise all and every the powers and authorities hereby given by me to my Executors and Trustees hereinafter named as fully and completely in all respects as if such new Trustee or Trustees had been originally appointed a Trustee of this my Will and I direct that my said Trustees and any new Trustee so to be appointed as aforesaid (if any) shall and may repay themselves and himself out of the said trust monies all costs charges and expences he or they may be put unto in or about the proving of this my Will or executing all or any of the trusts thereof and that no one or more of them shall be answerable or accountable for the rise or fall in the price or value of stocks or funds whereon any part of my said trust estate shall be invested or for the failure of any Banker or Broker with whom any part thereof shall be from time to time deposited in the execution of the trusts aforesaid or for involuntary losses or for the misconduct or default of his or their cotrustee or cotrustees or for any other misfortune or damage which may happen to my said Trust property unless the same shall be occasioned by his or their wilful default or negligence and I appoint the said Gabriel Davis and the said Charles Henry Swann Joint Executors and Trustees of this my will. In witness whereof I the said Mary Elizabeth Strange have to this my will contained in this and the two preceding sheets of paper set my hand and seal in manner following that is to say my hand to each of the two preceding sheets of paper and my hand and seal to this the third and last sheet of paper this sixth day of January one thousand eight hundred and forty three.

Mary Elizabeth Strange. Signed Sealed and Delivered by the above named Testatrix Mary Elizabeth Strange as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses B. Blundell Mitre Court Temple London Solr. Danl Heath. Henry Ebsworth Mitre Court Chrs. Temp.On the 8th July 1857 administration (with the Will annexed) of all and singular the Goods Chattels and Credits of Elizabeth Strange (Wife of The Reverend William Allder Strange Doctor of Divinity) late of Abingdon in the county of Berks deceased was granted to Gabriel Davis Esquire the brother of the said Deceased and Charles Henry Swann Esquire the Executors they having been first sworn by commission duly to administer the said Reverend William Allder Strange the lawful husband of the said deceased and the sole person entitled to her personal Estate and Effects over which she had no disposing power and concerning which she is dead intestate having consented (as by Acts of Court appears).