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Will of William Evans, Surgeon, of Devonport

Proved 31 October 1867

© Crown Copyright

Transcribed by Irene Marlborough

This is the last Will and Testament
of me William Evans of Devonport in the county of Devon Surgeon. First I will and direct that all my just debts, funeral expenses and the charges of proving this my will be fully paid and discharged out of my estate and efforts by my Executor and Executrix thereinafter named as soon as conveniently can be after my decease. I wish and desire to be buried in my vault Number 19 North side of Ebenezer Chapel, Plymouth in the County of Devon. I give and bequeath unto my wife Florence Evans such portion of my household goods and furniture as she may choose as necessary for furnishing three rooms. I give and bequeath to her my said wife all that policy of Insurance now held by me on the life of William Nisbett Pollard and effected in the Norwich Insurance Office together with the sum assured thereby and all bonuses thereon to hold the same for her executors administrators and assigns for her own absolute use and benefit. I give and bequeath unto my son Evan Evans, Doctor of Medicine such of my Telescopes as he may choose together also with my silver tea pot and my gold watch and chain. All such freehold and leasehold property as I may die possessed of or entitled unto together with the residue of my household goods and furniture after such selection by my said wife as aforesaid and my plate, linen, china and wearing apparel with all my monies securities for money shares in public companies and all - other my estate and effects whatsoever and wheresoever and of what - nature or kind soever which I may be seized possessed of interested in or entitled unto at the time of my decease and not thereinbefore given or bequeathed I give devise and bequeath the same unto my son the said Evan Evans and my wife the said Florence Evans their heirs executors administrators and assigns upon the tenets following that is to say - upon trust to sell and dispose of the goodwill of my practice and - business as a surgeon and chemist carried on at Number 2 Queen Street Devonport aforesaid and the stock in trade, bottles and fixtures therewith and either in the said premises number 2 Queen Street aforesaid or in any warehouses of mine together also with the said residue of my household goods and furniture and any plate linen china and wearing apparel and all other my estate and effects whatsoever in their nature saleable save and except such freehold and leasehold property and shares in public companies as I may die possessed of or entitled unto and either by public auction or private contract or partly by public auction and partly by private contract as they the said Evan Evans and Florence Evans may deem most desirable and so and shall invest the monies to arise therefrom as well as any other monies I may die possessed of or which may arise from the calling in or requiring payment of any deby sum or sums of money due to me in the public stocks or funds or on mortgage of freeholds or leasehold property and stand possessed of the interest dividends or income thereof as well as the issues and profits to arise from my freehold and leasehold property and the dividends on any shares belonging to me in any public companies upon trust during the widowhood of my said wife to pay to her my said wife two third parts thereof for her maintenance and support and the maintenance support and education of my son Octavius William Evans and the remaining one third part thereof to my daughter Julia Evans. And from and immediately after the death or second marriage of my said wife, upon trust to assign and transfer unto my son the said Octavius William Evans all those messuages or dwelling houses and premises situate Number 48 Queen Street and number 3 Boot Lane in Devonport aforesaid together with two third parts of all that my messuage or dwelling house being number 2 in Queen Street aforesaid and all such shares in the Devonport Gas Company as I may at my decease be possessed of To hold the same to him his executors administrators and assigns for his and their own use and benefit. But in case the said Octavius William Evans should happen to die under the age of twenty one years then Upon trust to assign and transfer the said messuages or dwelling houses and two third parts of the said messuage or dwelling house together with the said shares unto and equally between my daughter Julia Evans and my son Septimus Evans To hold the same to them their executors administrators and assigns as tenants in common and not as joint tenants And as to all my freehold property and all other my leasehold property including the remaining one third part of and in the said dwelling house Number 2 in Queen Street aforesaid and all the other residue of my estate and effects hereinbefore devised and bequeathed to them the said Evan Evans and Florence Evans Upon trust as aforesaid and the stocks funds and securities on which the same or the produce thereof may be invested. Upon trust from and immediately after the decease or second marriage of my said wife to convey assign transfer and pay the same unto my son the said Septimus Evans and my daughter the said Julia Evans their executors administrators and assigns in ---- shares and proportions as tenants in commmon and not as joint tenants And that it shall be lawful for the trustees or trustee for the time being of this my Will to pay and apply the whole or such part as they in their discretion shall think fit of the dividends interest and annual produce arising from the shares of such of my children who shall be under the age of twenty one years in and towards the the maintenance education or in advancement in life of such children until they shall severally attain the said age of twenty one years Provided always and it is hereby that the receipt or receipts to be given by my executors or the trustees or -trustee for the time being of this my will to the purchaser of purchasers of any part of my estate or effects to any person or persons who shall have any of the trust monies in their his or her hands and shall pay the same to the said executors trustees or trustee shall be a sufficient discharge or discharges for so much money as in such receipt or receipt shall be expressed to be received and that after taking such receipt or receipts the person or persons aforesaid shall not be obliged to see to the application or be answerable or accountable for the misapplication or non application of the same money or any part thereof provided also that in case either of any trustees hereinafter named or any future trustees or trustee to be appointed under this provision in his or her place shall die or become unwilling or unable to act in the aforesaid trusts before the said trusts shall be fully executed and performed then and so often as the case shall happen it shall be lawful for the surviving or continuing trustees or trustee of this my will or the executors or administrators of the last surviving trustee to nominate any fit person or persons to supply the place or places of the trustee or trustees respectively so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trust premises monies stocks funds or securities shall be conveyed assigned and transferred so and in such manner that the same may rest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees solely as the case may require subject to the trusts aforesaid and such a new trustee or trustees shall be competent to exercise all the powers -- and authorities whatsoever hereinbefore contained in the same manner to all intents and purposes as if they had been appointed a trustee or trustees in and by this my will. And I do declare that the trustees for the time being of this my will shall be answerable only for their his or her own wilful neglect or default and not the one of them for the other of them but each for himself and herself and his and her own acts deeds and defaults only and shall only be chargeable with such sums as they respectively shall actually receive under and by virtue of the trusts hereby in them reposes notwithstanding their joining in or signing any receipt for the sake of conformity provided also and I declare that it shall be lawful for the trustees or trustee for the time being of this my will by and out of the monies which shall come to their his or her hands or by virtue of the trusts aforesaid to deduct retain and reimburse to and for themselves himself or herself and also to allow to each other all costs charges damages and expences which they or any or either of them may sustain or incur in or about the execution of the aforesaid trusts or in relation thereto. And I do hereby nominate constitute and appoint the said Evan Evans and Florence Evans Trustees and Executor and Executrix of this my Will hereby revoking and making void all and every former and other will and wills by me at any time or times heretofore made and do declare this to be and contain my last will and testament witness whereof I have to this my last will and testament contained in four sheets of a paper set my hand and seal in manner following (that is to say) my hand to the first three sheets and my hand and seal to this fourth and last sheet this fourth of February one thousand eight hundred and sixty seven William Evans Signed sealed published and declared by the said William Evans the testator as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses the word "trustees" in the third sheet having been struck out and the words "trustee" and "or unable" also in the third sheet having been first interlined d J. M. Gard of Devonport Conveyancer __ Edwd Q. Gard of Devonport Solicitor

Proved at London 31st October 1867 by the oaths of Evan Evans Esquire Doctor of medicine the Son and Florence Evans widow the relict the Executors to whom Admon was granted.