This is the last will and testament of me John Fetherston of the parish of Rowington in the County of Warwick yeoman being of sound and disposing mind memory and understanding I direct that all my just debts funeral and testamentary expenses may be fully paid and satisfied as soon as conveniently may be after my decease I give and devise unto my nephew Thomas Fetherston son of my brother Francis Fetherston All and singular the tithes and tenths? of Corn Grain and hay and other great tithes and tenths yearly or otherwise arising growing or renewing from and out of a farm lands and old inclosures called by the name of Brook Purlong situate in the parish of Rowington aforesaid and now in the occupation of Middleton and from and out of all and every allotment and allotments of new enclosed lands set out allotted and awarded in respect of such old inclosures To hold the same unto and to the use of my said nephew Thomas Fetherston his heirs and assigns for ever I give and devise unto my friend Frederick Edward Bolton and my said nephew Thomas Fetherston and their heirs All my copyhold messuage or tenement out buildings farm lands hereditaments and premises situate within and held of the manor of Rowington aforesaid and now in the occupation of John Taylor And all other my real estate not hereinbefore disposed of To hold the same unto and to the use of the said Frederick Edward Bolton and Thomas Fetherston their heirs and assigns for ever according to the nature and tenure? thereof nevertheless upon trust that they or the survivor of them or the heirs or assigns of such survivor shall and do as soon as conveniently may be after my decease make sale and absolutely dispose of my said messuage or tenement buildings farm land hereditaments and real estate in one or more lot or lots and by public auction or private contract or by both or either of those methods for such piece or pieces as they or he shall think proper with full power to buy in and resell the same or any part thereof without being answerable for any loss occasioned thereby and to do and exercise all acts and deeds necessary for effectuating such sale or sales And also to receive and take the monies arising therefrom and the intermediate? rents issues and profits thereof but nevertheless upon the trusts and for the purposes hereinafter expressed and declared And I give and bequeath unto the said Frederick Edward Bolton and my said nephew Thomas Fetherston their executors administrators and assigns All my household goods and furniture plate linen china moneys and securities for money chattels rights credits and personal estate and effects whatsoever and wheresoever Upon trust with all convenient speed to collect get in and receive make sale and absolutely dispose of all my said personal estate and effects and stand possessed of the monies arising therefrom Upon the trusts and for the intents and purposes hereinafter expressed and declared and it is my will and I do hereby declare that my said trustees and the survivor of them and the executors administrators and assigns of such survivor shall stand possessed of and interested in the monies to arise from my said copyhold and real estate and from my said personal estate and effects [subject to the payment of my just debts and the costs and charges of proving and executing this my will] Upon trust to pay to the several persons hereinafter named the several legacies or sums of money hereinafter mentioned [that is to say] To my niece Ann Fetherston daughter of my brother Francis Fetherston the sum of fifty pounds , to George Willimore, Mary Ann Willimore, Maria the wife of the said Frederick Edward Bolton and John William Hooper son of Elizabeth the wife of John Hooper late Elizabeth Willimore which said George Willimore , Mary Ann Willimore , Maria Bolton and Elizabeth Hooper are the nephews and nieces of my late dear wife the sum of forty pounds a piece, to Ann Taylor , William Taylor and Avery Taylor the three children of Richard Farmer Taylor of Rowington aforesaid farmer the sum of thirty pounds a piece and to my said nephew Thomas Fetherston and my two nephews Francis Fetherston and John Fetherston also sons of my said brother Francis Fetherston and to John Fetherston and Thomas Fetherston sons of my brother Thomas Fetherston the sum of ten pounds a piece To which said legatees respectively I give and bequeath the said several legacies or sums of money accordingly -------- always and it is my will that in case the ---- residue of the monies to arise and be received from my said copyhold --- and personal estates shall not sufficion ? to pay and satisfy such several legacies in full ---- such legaties shall abate proportionably according to the amount of the several and respective legacies hereby bequeathed to them respectively as aforesaid provided also and I do hereby declare that in the event of the clear residue of the monies to arise and be received from my said copyhold and personal estates amounting to more than sufficient to pay and satisfy the said several legacies or sums of money Then I do give and bequeath the overplus of such monies unto such several legatees hereby bequeathed to them as aforesaid provided further and it is my will that the legacy or share of the said John William Hooper under this my will shall be placed out at interest by my said trustees and either be accumulated until he shall attain the full age of twenty one years or the whole or any portion or portions of the principal of such share or of the interest dividends and proceeds thereof shall be applied in for or towards the education and support or advancement in the world of the said John William Hooper during his minority by and in the sole discretion of my said trustees or trustee provided also and I do hereby declare that the receipts or receipt in writing of my said trustees or trustee shall effectually discharge the person and persons taking the same from all responsibility as to the application or nonapplication of the monies therein expressed to b received whether arising from the sale or from the rents and profits of my said copyhold and real estate hereby made saleable or from my said personal estate and effects or any part thereof respectively or on calling in or changing any securities whereon the same may be invested And it is my will and I do hereby declare that my said trustees and trustee shall and may continue monies at interest on such securities as the same may be invested in at my decease or call in and again place out the same on other sufficient securities and after and vary such securities as they may think proper until such monies shall be payable by virtue of this my will And also may and shall deduct and retain out of the said trust monies all costs charges and expenses attending or relating to the execution of the trusts of this my will together with a reasonable allowance for this and their trouble and loss of time And also that my said trustees or either of them shall not be answerable for more of the said trust monies or effects than he or they respectively shall actually receive nor with or for the loss of the same or any part thereof unless occasions by wilful negligence Nor shall one of them be answerable for the receipt acts neglects or defaults of the other of them but each of them for himself only And lastly I do hereby nominate and appoint the said Frederick Edward Bolton and my said nephew Thomas Fetherston [ son of my said brother Francis]Executors of this my will hereby revoking and making void all former and other wills by me made I declare this only to be my last will and testament In witness whereof I the said John Fetherston the testator have to this my last will and testament contained on four sheets of paper to the first three sheets thereof set my hand and to this fourth and last sheet my hand and seal the eleventh day of May in the year of our Lord one thousand eight hundred and forty three John Fetherston Signed sealed published and declared by the above named John Fetherston the testator as and for his last will and testament in the presence of us who have subscribed our names as witnesses thereto in his presence at his request and in the presence of each other Edward Laurence Gibbs Solicitor Henley in Arden JW Whitaker Clerk Messrs Jas? Gibbs
Proved at London 24th October 1848 before the Judge by the oath of Frederick Edward Bolton and Thomas Fetherston nephew of the deceased [the son of his brother Francis Fetherston] the executors to whom Administration was granted having been first sworn by commission duly to administer