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Will of Thomas Smith GODFREY of Witney

Will 4 Nov 1809   Probate 10 Jun 1820

Source: TNA no. PROB11/1631
Contributed by: Steve Bumstead Go to Translation Go to Transcript
Summary.
... me Thomas Smith Godfrey of Witney ... butcher ...

NameRelationship[Comments] or Major Bequests
Thomas Smith GODFREY Witney
Elizabeth GODFREYWife
Daniel GODFREYSon[under 21]
Samuel HARRISTrustee (Exec)Hailey
Paul HARRISTrustee (Exec)Witney
William Smith GODFREYBrotherWitney [with unnamed ch legatees]
John JOHNSONWitnessHailey
H Charles LEAKEWitnesssolicitor

Probate 10 Jun 1820 London ... Samuel Harris and Paul Harris Executors ...
Transcriber's and Editor's Notes
Notice the term "reputed brother". Both he and William were almost certainly the illegitimate sons of John GODFREY.
The following details are believed to be true but should not be totally relied upon:
Testator: Son of John GODFREY (1782 qv).
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... me Thomas Smith Godfrey of Witney ... butcher ...
  • My debts and funeral expenses are to be paid.
  • I give all my household goods, plate, linen and furniture to my wife Elizabeth to be at her own disposal.
  • I give all my money in the 4% Consols to my friends Samuel Harris of Hailey and Paul Harris of Witney Upon Trust as follows:
    • To pay the dividends etc as and when received to my wife for life if she remains my widow but not otherwise.
    • After her decease or remarriage, to apply the dividends etc towards the maintenance and education of my son Daniel during his minority if he is still under 21.
  • I give all the residue of my real and personal estate, goods chattels and effects to my above trustees Upon Trust as follows:
    • To deposit £100 in some bank for the use of my wife (during her widowhood) and son in carrying on her present (or any other) business for their joint benefit until Daniel reaches age 21 -- if they remain living together and while my trustees approve of that business, but not longer.
    • To invest the remainder and pay the interest etc for the use and maintenance of Daniel during his minority.
    • If Daniel dies under age, unmarried and without lawful issue, to pay the interest etc to my wife for life (during her widowhood).
  • When Daniel reaches age 21 I give all my monies, estate etc (subject to my wife’s interests as above) to him and his heirs etc.
  • If Daniel dies under age, unmarried and without lawful issue, then after my wife's decease or remarriage I give [everything] to my trustees Upon Trust as follows:
    • To pay the dividends etc to my reputed brother William Smith Godfrey of Wood Green near Witney for life.
    • After his decease I give [all of it] equally divided between all his children, to be paid at age 21.
  • [Permission for Trustees to recover expenses]
  • [Usual protection for Trustees]
  • I appoint Samuel Harris and Paul Harris as trustees and guardians of my wife and son Daniel during his minority, and as my Executors ... I revoke all other wills.
  • I direct that the household goods and furniture given above to my wife are to be divided equally between her and my son.

  • Witnesses John Johnson, Hailey; H Chas Leake
Probate 10 Jun 1820 London ... Samuel Harris and Paul Harris Executors ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
This is the last Will and Testament of me
Thomas Smith Godfrey of Witney in the County of Oxford Butcher First I
direct that all my debts and funeral expences shall be paid and I give &
bequeath unto my wife Elizabeth all my household goods plate linen
and furniture of all sorts to be at her own disposal Also I give and
bequeath to my Friends Samuel Harris of Haily and Paul Harris of
Witney upon trust as hereinafter is mentioned all the monies now in
standing in my name withe four pounds per centum consolidated bank
annuities upon trust that they and the survivor of them his executors &
administrators do and shall from time to time have receive and take the
dividends and increase thereof and pay and apply such dividends and
increase when and as the same shall be received unto my said wife and
her assigns for and during the the term of her natural life if she shall so
long continue my widow and unmarried but not otherwise and from &
immediately after the decease or marriage of my said wife which
shall first happen upon trust to pay and apply the said dividends and
increase for and towards the maintenance and education of my son Daniel
during his minority if he shall not at that time have attained the age of
twenty one years All the rest and residue of my real and personal estate
estate goods chattels and effects whatsoever and wheresoever I also give
devise and bequeath to the said Paul Harris and Samuel Harris and
their heirs upon trust to have and receive the profits thereof and put
out the same personal estate upon some good and sufficient security
or securities and pay and apply the interest increase and proceeds thereof
wholly from time to time for the use and maintenance of my said son
during his minority save and except out of such residue the sum of one
hundred pounds which I direct my trustees to deposit in the hands of
some banker or bankers for the use and accomodation of my said wife
(during her widowhood) and son in carrying on the business wherein
she is now engaged or any other trade or business for their joint
benefit until my said son shall attain his said age of of twenty one
years if my said wife (in her widowhood) and son shall so long
live together and as long as my said trustees shall approve of such
trade or business being carried on but not longer and if my said
son Daniel should die under age unmarried and without lawful
lawful Issue living at the time of his decease Then upon trust
that they my said trustees and the survivor of them his executors and
Administrators do and shall pay and apply the interest increase and
produce of my said residuary Estate unto my said wife and her assigns
during such her widowhood for the term of her natural life and from upon
or immediately after the attainment by my said son of the said age of
twenty one years I give devise and bequeath all and singular my
said monies estate and property subject to my said wife’s claim and
beneficial interest therein or in some part thereof by virtue of this my
will she being then my widow and unmarried unto my said son Daniel
and to his heirs executors admors. and assigns but if my said son shall
happen to die under age unmarried and without lawful issue living
at the time of his decease Then from and after such his death and
the decease or marriage of my said wife I give and devise all and
singular the same monies estate and property unto my said trustees
upon trust that they and the survivor of them his executors and
admors. do and shall from time to time pay and apply the
dividends interest increase and produce thereof unto my reputed
brother William Smith Godfrey of Woodgreen near Witney and his assigns
for and during the term of his natural life and from and or
immediately after his decease I give devise and bequeath the same

principal monies estate property and effects unto and to be equally divided as
between all and every the child and children of the said William Smith Godfrey share and share alike to be paid to each of them upon his her &
their several attainment of the said age of twenty one years and it is my
will and desire and I hereby order and direct that my said trustees and each
of them shall and may at all times hereafter by and out of the said trust
monies and estate deduct retain and pay to themselves and himself all such
costs charges damages and expenses whatsoever as they or any of them
shall or may suffer sustain or be put unto for or on account of the
trust hereby reposed in them or in or about any question concerning the
same or the execution thereof and also that they my said trustees or either
of them shall not be answerable or accountable for any more of the said
trust monies and estate than what they shall respectively actually receive
Nor for any involuntary loss or losses that may happen to the same or
any part thereof nor for the act deed receipt payment or default of the
other of them but each of them for his own acts deeds receipts payments
and defaults only and I nominate and appoint them the said Samuel Harris
and Paul Harris trustees and guardians of my said wife and son Daniel
during his minority and Executors of this my will to see the same performed
in every respect and I hereby revoke and make void all other wills by me
at any time heretofore made and declare this only to be my present last
will and testament In witness whereof I have to this my will contained
in two sheets of paper to the first sheet set my hand and to this the last
sheet my hand and seal the fourth day of November in the year of our
Lord one thousand eight hundred and nine I the said Thomas Smith
Godfrey first directing that the household goods and furniture as
hereinbefore bequeathed to my said wife shall be divided equally
between her and my said son unto whom jointly I give and bequeath the
same Thos Smith Godfrey X Signed sealed published and declared by the
said Thomas Smith Godfrey as testator as and for his last will and
testament in the presence of us who at his request and in his and each
others presence and sight have subscribed our names as witnesses Jno
Johnson of Hailey      H Cha Leake

Proved at London 10th June 1820 before the Judge by the oaths of
Samuel Harris and Paul Harris the Executors to whom Adm'on. was
granted being first sworn (by Com'on.) duly to Admr.