John CARTER
18th March 1850
This is the last Will and Testament of me John Carter the Elder of Littleworth in the parish of Faringdon in the County of Berks Yeoman I give devise and bequeath unto William Sutton of Witney in the County of Oxford Draper (my wife’s Brother) and my sons Charles Carter and James Carter All that my copyhold messuage tenement with the bakehouse outbuildings garden and appurtenances thereunto belonging situate in Faringdon aforesaid and in the occupation of my son John Carter And all other my Real Estate whatsoever and wheresoever if any And also all my farming and dairy stock of cattle corn hay and implements on the farm in my occupation in the said parish of Faringdon And also of my share and interest in the farming and dairy stock of cattle corn hay and implements on the farm at Watchfield in the said County of Berks now in the occupation of my Brother Richard Carter in which I and my said Brother are jointly interested And also all my moneys securities for money household goods and furniture debts due to me and all other my personal Estate Effects whatsoever (subject as to my said personal Estate to the payment of my debts and my funeral and testamentary expenses) To hold the same Real personal Estates to them the said William Sutton Charles Carter and James Carter their heirs executors administrators and assigns respectively according to the nature of the property Nevertheless upon the trusts and to and for the ends intents and purposes hereinafter expressed and declared of and concerning the same that is to say upon Trust that they the said William Sutton Charles Carter and James Carter or the survivors or survivor of them or the executors administrators of such survivor do and shall during the life of my wife Catherine Sophia carry on the business of the farm or farms which shall be in my occupation at the time of my decease or any or either of them or rent and occupy any other farm or farms and Lands and carry on the business of the same for so long a time and in such manner in every respect as they the said William Sutton Charles Carter and James Carter or the survivors or survivor of them or the executors or administrators of such survivor shall think proper And for that purpose use and employ my said Trust personal Estate or any part thereof as they or he shall think fit And do and shall pay and apply or permit my said wife to pay and apply the profits arising from the carrying on of said business and also the interest dividends and income of and arising from such part of my moneys and personal Estate as shall not be used in or for carrying on such business And also the rents and profits of my said Real Estate for or towards the maintenance and otherwise for the benefit of my said wife and such of my Children as shall be resident with her or remain part of her family in such manner or form in every respect as the Trustees or Trustee for the time being of this my Will as they shall think fit And from and immediately after the decease of my said wife then upon Trust that they the said William Sutton Charles Carter and James Carter or the survivors or survivor of them or the heirs executors administrators or assigns of such survivor do and shall at such time as they or he in their or his discretion may think proper absolutely sell and dispose of all my said trusts and real estate either together or in parcels and either by public auction or private contract as they or he shall think fit And do and shall convey surrender and assure the same trust or Real Estate when sold unto the person or persons respectively who shall agree to become the purchaser or purchasers thereof or to such person or persons and to or for such uses intents or purposes as such purchaser or purchasers shall direct or appoint And do and shall sell dispose of and convert into money all such part of my said trust Personal Estate as shall not consist of money in such manner as the same Trustees or Trustee shall think proper And do and shall stand and be possessed of the moneys to arise from such sale or sales and dispositions of any said trust Real and Personal Estates after deducting the costs and expenses of and attending such sales and dispositions of Trusts in the first place to pay the amount the several legacies or sums of money following videlicet to my son Richard the legacy or sum of fifty pounds to my son William the like legacy or sum of fifty pounds to my son Charles the legacy or sum of seventy five pounds to my daughter Harriet the legacy or sum of one hundred and fifty pounds to my said son James the like legacy or sum of one hundred and fifty pounds And as to all the Residue if any of the said trust moneys in Trust to pay and divide the same unto and among them my said five last mentioned children Richard Carter William Carter Charles Carter Harriet Carter and James Carter equally share and share alike And it is my will and I hereby declare that the receipt or receipts of the said William Sutton Charles Carter and James Carter or the survivors or survivor of them or the heirs or assigns of such survivor for the purchase money or several purchase moneys for my said trust real estate or any part thereof shall a good and sufficient discharge or good and sufficient discharges to the purchaser or purchasers of the same respectively for the sum or sums of money which in such receipt or receipts shall be expressed or acknowledged to be or to have been received And that such purchaser or purchasers shall not be answerable or accountable for any loss misapplication or nonapplication nor be obliged to see to the application of such purchase money or any part thereof And I give devise and bequeath all estates which at the time of my decease shall be vested in me upon trust or by way of mortgaged unto the said William Sutton Charles Carter and James Carter their heirs executors administrators and assigns according to the nature and quality thereof respectively upon the trusts and subject to the equity of redemption to which the same Estates respectively shall be subject or liable but the moneys secured upon any such mortgage or mortgages shall be considered as part of my Personal Estate and be applied accordingly as hereinbefore directed And I constitute and appoint the said William Sutton and my said sons Charles Carter and James Carter Executors in Trust of this my last Will and Testament And I declare that the Trustees and Trustee for the time being of this my Will of any or either of them shall not be answerable the one for the other or others of them nor for any more money or effects than shall actually come to his or their respective hands by virtue of the trusts of this my Will nor for involuntary losses And that it shall be lawful for him or them to reimburse themselves respectively all costs charges and expenses which he or they respectively may be put to or sustain for or by reason of this my Will or in discharging the trusts hereby in him and them reposed I witness thereof I the said John Carter the Testator have to each sheet of this my last Will and Testament which is contained in three sheets of paper set my hand the twelfth day of May in the year of our Lord one thousand eight hundred and forty nine – John Carter Senr – signed by the said John Carter the Testator as his last Will and Testament in the presence of us (present at the same time) who in his presence and in the presence of each other have hereto subscribed our names as witnesses George Jas Haines Solr Faringdon - Charles Egg Clerk to Soltrs. Haines and Son Faringdon
Proved at London 18th March 1850 before the Judge by the Oath of Charles Carter the Son one of the executors to whom Admon was granted having been first sworn by Commission duly to administer power reserved of making the like grant to William Sutton one other of the Executors shall apply for same to James Carter (a minor) the son also of the deceased the other Executor when he shall attain the age of 21 years and apply for the same.
Will from PROB 11/2109 – Volume 4 Q151-200