This is the last will and Testament of me George Luce of Thornbury in the County of Gloucester Peruke maker.
I Give and devise unto my wife Mary Luce All that my messuage or dwelling house wherein I now dwell and the outhouses Garden and Appertinenties thereto belonging situate in the Tything of Kington near to the Borough of Thornbury To hold the same unto my said Wife Mary Luce for and during the term of her natural life if she shall so long continue my widow and unmarried she maintaining and providing for my three Children hereinafter named during their respective nonage and immediately after her decease or second marriage
Then I Give and and devise the same unto and equally between my three Children Ann Mary and Harriott and their respective Heirs for ever as tenants in Common and not as joint Tenants
I give to Edward Salmon Junr. son of Edward Salmon Surgeon my little Gun Gun Box and all thereto belonging to be devised in one Month after my decease
And as to all the rest residue and remainder of my Goods Chattles [sic] and personal Estate of what nature or kind soever which shall remain after payment of my Funeral Expences [sic] the Charges of proving this my Will and my debts
I Give and bequeath the same unto Richard Scarlett? of Thornbury in the County of Gloucester Gentleman and Eli Scarlett his Brother in the aforesaid Town and County their Executors and Administrators upon Trust to permit and suffer the said Mary my Wife to have the use Interest and improvement thereof during her natural life if she shall so long continue my Widow and unmarried and immediately after the death or second marriage of my said wife first happening
Then my said residuary Trust personal Estate shall be In trust for my said three Children Ann, Mary and Harriott equally to be divided beteen [sic] or amongst them the share of each of my said daughters to be considered as a vested Interest in hir?? at the age of twenty one years or day of marriage first happening and to be paid at the time or times and in manner hereinafter mentioned (that it to say) the share of each of my said Children who shall attain the age of twenty one years or be married during the life and Widowhood of my said wife to be paid as soon as may be after her decease or second marriage first happening And the share of each of my said Children who shall be under the age of twenty one years and unmarried at the time of the decease or second marriage of my said wife first happening to be paid as and when she shall attain that age or be married which shall first happen And in case any one or more of my said Children shall die under the said age of twenty one years and unmarried as well the original as every other share of her or each of them so Dying shall be Intrust for the Survivors and Survivor and other and other of my three Children equally to be divided amongst or beteen [sic] such Survivors and others of them but not to vested or payable sooner than the original shares or share of such Survivors or Survivor and others or other of them shall be vested or payable by virtue of this my Will
And also upon Trust from and after the decease or second marriage of my said Wife first happening to pay and apply the Annual Intrest [sic] dividends and proceeds of the share of my said daughters who shall be then under the age of twenty one years and unmarried for and towards her maintenance Education or benefit until the same shall become vested or payable by virtue of this my Will and upon or for no other Trust Intent or purpose whatsoever
And I do hereby nominate and appoint the said Richard Scarlett and Eli Scarlett his Brother to be joint Executors Intrust of this my last Will and Testament and also Trustees and Guardians of my said three Children till they attain their ages of twenty one years
And it is my will and Thereby nominate? declare and direct that they my said Trustees or either of them shall not be answerable or accountable for any loss which may happen to any of the monies which shall come to their respective Hands by virtue of the Trust hereby in them reposed so as such loss happen not be their respective wilful [sic] neglect or default neither shall one of them be answerable or accountable for the other of them or for the acts deeds payments Receipts neglects or defaults of the other of them but each of them for his own Acts deeds payments Receipts neglects or defaults only
And further that it shall and may be lawful to and for my said Trustees and each of them to retain and reimburse themselves and allow to his cotrustee out of the several Trust monies which they shall receive by virtue of the Trust of this my Will All such loss Costs Charges damages and Expences [sic] and Fees to Counsel for Advice which they or either of them shall or may pay bear sustain expend be at or unto in or about the execution of the said Trusts or otherwise in relation thereto
And lastly I do hereby revoke All former Wills or Testaments by me made
In witness whereof I have to the first sheet of this my last Will and Testament set my Hand the same being contained in this and the preceding sheet of paper and to this second and last sheet my Hand and Seal this twenty ninth day of September in the year of our Lord one Thousand Eight hundred twenty one.
George Luce [Signature and Seal]
Signed Sealed published and declared by the Testator the said George Luce as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses there to
Daniel Pitcher
James ???te
William Alway?
This will is followed by three other documents.
In the first, dated 29 October 1824, Richard and Eli Scarlett "renounce and disclaim the Probate and execution" of the will. Thomas Gardner, Proctor General is appointed instead.
The second, dated 14 [sic] October 1824, grants administration to George's widow, Mary. In an oath on the same page, dated 30 October 1824, Mary states that at the time of his death the personal property of George "did not amount in Value to the Sum of Three hundred pounds".
The third, dated 30 October 1824, is a bond for £600 to administer George's estate.
Source: Gloucestershire Archives; Consistory Court of Gloucester;
Reference Code: 61195; Will Number: 1824/209
Source: Ancestry.com. Gloucestershire, England, Wills and Inventories, 1541-1858