Very complicated will, property and estate being left to his three sons, an annuity to his sister and a legacy to each of two neices. A trust to be set up for his three sons and two daughters.
This is the last Will and Testament of me Joseph Gallard of Yardley Gobion in the County of Northampton Gentleman being of sound mind memory and understanding ffirst I will order and direct that all my just debts funeral and testamentary expenses shall be fully paid and satisfied I give and devise unto my oldest son William Gallard all that my messuage tenement or public house called or known by the name or sign of the Pack Horse together with the yard stable barn orchard outhouses and premises thereto belonging situate standing and being at Yardley Gobion aforesaid late in the tenure of John Windleburrow and now or late of Thomas Shipp and also that small close of pasture land called Coney's Close or Bollowell? Yard adjoining the beforementioned messuage tenement or public house and which I lately purchased of and from John Gibbs with the appurtenances to the same belonging to hold the same unto my said son William Gallard his heirs and assigns for ever also give and bequeath unto my said son William Gallard all my household goods and furniture love and dead farming stock implementsin husbandry and all my other Effects in and about my ffarm farm house and premised at Yardley Gobion aforesaid now in theoccupation of my said son William Gallard to and for his own absolute use and benefit subject nevertheless and I do Hereby subject charge and make chargeable all my said real and personal Estate so devised and bequeathed to my said son William Gallard as aforesaid with and to the payment of the legacy or sum of one hundred pounds to my brother Thomas Gallard of Grafton Regis in the said county of Northampton farmer to whom I give and bequeath the same to and for his own absolute use and benefit and I direct that the same shall be paid within twelve months next after my decease and also to and with the payment of one annuity or clear yearly rent charge of ten pounds to my sister Barbara Gallard for and during the term of her natural life to be paid and payable by my said son William Gallard to my said Sister Barbara Gallard by equal half yearly payments that is to say on the twenty fourth day of June and the twenty fifth day of December in every year without any deduction or abatement whatsoever on account of any taxes charges or impositions already or hereafter to be taxed assessed or imposed upon the said premises or upon the said annuity the first half yearly payment of the said annuity to begin and to be made on the first of the said days of payment that shall happen next after the expiration of six months aftermy decease and to continue due and payable during the life of my said sister BarbaraGallard and my will and meaning is that when and so often as the said annuity or yearly rent charge of ten pounds or any part thereof shall be behind or unpaid by the space of twenty one days next after any of the days hereby appointed for the payment thereof then and so often as it shall and may be lawful to and for my said sister Barbara Gallard and her assigns to enter into and distrain upon the said messuage tenement or public house small close of land hereditaments and premises with their appurtenances hereby charged and to dispose of the distress or distresses then and there found according to Law also I give and bequeath to my said son William Gallard my silver Cup which was left me by the late Mr Reeve to and for his own absolute use and benefit I also give and bequeath the silver tankard likewise left me by the late Mr Reeve to my son Richard Gallard to and for his own absolute use and benefit also I give and bequeath all my other plate of what kind or sort soever that may be found in the house that I may dwell in at the time of my decease and not hereinbefore specifically bequeathed unto my Son Samuel Gallard to and for his own absolute use and benefit also I give and bequeath all my household goods and furniture linen china books prints and pictures and all other my Effects in and about the house I may dwell in at the time of my deceased to my said sons WilliamRichard and Samuel to be equally divided between then share and share alike to and for their and each of their own absolute use and benefit also I give and bequeath unto my said sons William Richard and Samuel all monies securities for money whether upon mortgage bond note or otherwise book debts Canal shares monies in the funds and all my Personal Estate not before disposed of to be equally divided between them share and share alike subject nevertheless to the payment of all my just debts funeral and testamentary expenses and the expenses of proving this my will and also subject to the two several legacies or sums of money following that is to say To my Niece Ann Taylor the legacy or sum of twenty pounds to and for her own absolute use and benefit to my Niece Harriet Taylor the like legacy or sum of twenty pounds to and for her own absolute use and benefit and which said two legacies I direct shall be paid and payable by my said three Sons William Richard and Samuel within twelve months after my decease and I give and devise unto my said three sons William Richard and SamuelGallard all my Estate right and interest term and terms of years yet to come and unexpired benefit property claim and demand whatsoever of and in all that freehold messuage or tenement and several closes of land containing about eighty acres more or less with the appurtenanaces thereto belonging situate and being in the Parishes of Beaudesert and Wooten Warren in the County of Warwick and also all those several closes of land containing abouttwenty eight acres more or less with the barn and premises thereto belonging situate and being in the Parish of Beaudesert aforesaid and which last mentioned premises are held under lease granted by Kings College Cambridge all which said freehold and collegehold premises were given and devised to me and my wife Mary Gallard since deceased in and by the last Will and Testament of the said Richard Reeve deceased and also all other my freehold leasehold collegehold or copyhold messuages closes lands tenements hereditaments and premises whatsoever and wheresoever within the United Kingdom of Great Britain and whether in possession reversion remainder or expectancy and not before disposed of to hold the same unto the said William Richard and SamuelGallard their heirs executors administrators and assigns according to the several natures and qualities of such Estates and properties respectively upon the trusts hereinafter mentioned expressed and declared of and concerning the same that is to say upon trust that they the said William Samuel and Richard Gallard or the survivor of them or the heirs executors or administrators of such survivor do and shall as soon as conveniently may or after my decease make sale and absolutely dispose of the same either together or in parcels and either by public auction or private contract as to them or him shall seem expedient for the best price or prices in money that can be reasonably had or obtained for the same respectively and do and shall for that purpose make and execute all such deeds conveyances and assurances for the conveying assigning surrendering or assuring the same premises respectively to the purchaser or purchasers thereof and I will and declare that the receipt or receipts of the said William Richard and Samuel Gallard or the survivor of them or the heirs executors administrators or assigns of such survivor for the money for which the same premises shall also be so respectively sold shall from time to time be good and sufficient discharge and discharges to the purchaser or purchasers thereof his her or their respective heirs executors administrators or assignsof the said several premises hereinbefore made saleable by this my Will or any part or parts thereof for his her or their purchase money or so much thereof as shall be therein expressed or acknowledged to have been received and that such purchaser or purchasers his her or their heirs executors administrators or assigns or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money so received or any part or parts thereof and my will and mind further is and I so hereby direct that they my said trustees William Richard and Samuel Gallard stand and shall stand possessed of the monies to arise from such sale or sales so hereinbefore by me directed to be made of the said several Estates as aforesaid and also of the rents issues and profits thereof as until sale and do and shall divide the same into five equal parts or shares one fifth part or share whereof I do herby direct my said trustees to place out at interest on Government or real securities in England and to pay and apply the interest dividends and proceeds thereof as and when the same shall become due and payable into the proper hands of my daughter Elizabeth the wife of Stephen Blunt to and for her own absolute use and benefit independent of her said husband for and during the term of her natural life and I do direct that the receipt and receipts of my said daughter Elizabeth Blunt given to my said Trustees for all or any part of the said interest dividends and proceeds shall be good and sufficient discharge and discharges to them my said Trustees for so much money as shall be therein expressed to be received and my mind and will is that in case my said daughter Elizabeth Blunt shall depart this life leaving lawful issue her surviving then I direct my said trustees to pay the said fifth part or share unto such issue if there shall be but one such child upon his or her attaining the age of twentyone years and if more than one such child of my said daughter Elizabeth Blunt then my will is that the said fifth part or share shall be equally divided between or among all and every such issue share and share alike upon his her or their attaining the age or respective ages of twenty one years the interest dividends and proceeds thereof in the mean time to applied by my said trustees in the maintenance education and support of such child or children until they respectively attain the said age of twenty one years and my mind and will further is that if my said daughter Elizabeth Blunt shall happen to die without issue leaving the said husband Stephen Blunt her surviving then and in such case I do direct my said trustees to pay one moiety or half part of the said fifth part or share unto the said Stephen Blunt to and for his own use and benefit absolutely to whom I give and bequeath the same accordingly and the other moiety or half part of the said fifth part or share I give and bequeath unto my daughter Ann ffranklin the wife of John ffranklin and my said three Sons WilliamRichard and Samuel Gallard equally to be divided between them share and share alike provided always nevertheless and it is the true intent and meaning of this my will that if my said daughter Elizabeth Blunt shall happen to survive her said husband Stephen Blunt without having lawful issue by him living at the time of his decease then and in such case I direct my said trustees to pay assign and transfer the whole of the said fifth part or share unto my said daughter Elizabeth Blunt to and for her own use and benefit absolutely anything in this my Will contained to the contrary thereof in any wise nothwithstanding one another fifth part or share of the monies to arise by sale of the said several Estates as aforesaid and the rents issues and profits thereof until sale I do hereby direct my said trustees to pay to my said daughter Ann the wife of the said John ffranklin to and for her own absolute use and benefit to whom I give and bequeath the same accordingly one other fifth part or share thereof I direct my said son William Gallard to retain to and for his own absolute use and benefit on other fifth part or share thereof I direct my said son Richard Gallard to retain to and for his own absolute use and benefit and the remaining fifth part or share thereof I direct my said son Samuel Gallard to retain to and for his own absolute use and benefit and my mind and will further is that they my said trustees and the survivors and survivor of them and the heirs executors administrators or assignsof such survivor shall be charged and chargeable only with such monies as they shall actually receive and that one of them shall not be answerable or accountably fir the other or others or for the acts receipts neglects or defaults of the other or others of them but each only for his own acts receipts neglects or defaults nor shall they or any or either of them be answerable or accountable for any Banker Broker or other person with whom or in whose hands any of the said trusts monies may be placed for safe custody or otherwise in the execution of any of the said trusts contained in this my Will neither shall they my said trustees be answerable or accountable for any misfortune loss or damage that may happen of or to the said trust monies and premises or any part thereof unless the same shall happen by or through his or their wilful default respectively and that they my said trustees and the survivors and survivor of them and the heirs and executors and administrators of such survivor shall and may by and out of the monies that shall come to their respective hands by virtue of the trusts aforesaid retain to and reimburse himself and themselves respectively all such costs charges and expenses as they either or any of them shall or may respectively sustain expend disburse or be put unto in or about the execution of the trusts hereby in them reposed or in anywise relating thereto and lastly I do hereby nominate constitute and appoint my said sons William Richard and SamuelGallard Trustees and Executors of this my Will and do hereby revoke all other wills and Testamentary Instruments heretofore by me made and do declare this alone to be my last Will and Testament In witness thereof I the said Joseph Gallard the Testator have to this my last Will and Testament contained in five sheets of paper and to each sheet thereof set my hand and seal this twenty fourth day of December one thousand eight hundred and twenty nine
Joseph Gallard signed sealed and published and declares by the said Joseph Gallard the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses E A WorleyWm Cox his Clerk Thomas Middleton Servant to Mr Worlel