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This is the last Will and Testament
of me Sarah Lury of the parish of
Westbury upon Trym in the County of
Gloucester Widow in manner and form
following First l hereby nominate and
appoint my Son Samuel Harford Lury and my
Son in law Joseph Davis joint
Executors in trust of this my last Will
and Testament to each of whom I give the
sum of fifty pounds as a compensation for
the trouble they have Also I give and
bequeath unto each of my Servants who may
be living with me at the time of
my decease and who shall then have been
two years in my service the sum of
five pounds each Also I hereby authorize
my Executors to advance and allow
immediately upon my decease the Sum of
thirty pounds to such of my Children
as shall then be living with me to be
applied in current house expences during
the arrangement of my affairs Also I give
and bequeath unto my Sister in law
Ann Beard the sum of twelve pounds ten
shillings to be paid her at the end of six
Calendar months next after my decease if
she shall be then living also the like sum
to be paid her at the end of twelve
Calendar months after my decease if she
shall be living also the like sum to be
paid her at the end of eighteen Calendar
months after my decease if he shall be
then living also the like sum to be paid her
at the end of two years after my decease
if she shall be then living also the like
sum at the end of two years and a half
after my decease if she shall be then living also the
like sum at the end of three years after
my decease if she shall be then living also the
like sum at the end of three years and a
half after my decease if she shall be then living and
the like sum at the end of four years
after my decease if she shall be then living
but without any interest for the said
sums or any or either of them in the
mean time and which such sums or such of
them as shall become payable I
hereby direct to be paid into her own
hands for her own separate and peculiar use
and do declare that her receipts alone
shall be full and sufficient discharges to
my Executors for the same sums or such of
them as shall become payable Also I
give and bequeath unto my Children Eliza
and Samuel Harford the sum of
three hundred pounds each to be paid to
them with interest from the time of my
decease but in case I shall at any time
or times during my life pay or advance
such sum to them or either of them the
same shall be taken to be as in lieu of
the legacy hereby given to them or such
of them to whom such payment or
advance shall be made And whereas I have
made and executed an
appointment of part of the money secured
by my husbands marriage bond
whereby or in consequence of which the
representatives of my late Son John
Elton Lury will as I apprehend take a
much less proportion of that money
than they would have taken in case I had
made no such appointment Now
therefore I do hereby give and bequeath
unto the said Samuel Harford Lury
and Joseph Davis the sum of nine hundred
pounds with interest from the time of
my decease In trust for my Grandsons
Harford Lury and John Elton Lury in
manner hereinafter expressed and which
said sum is intended by me to make
good and to be in lieu of such share as I
apprehend the representatives of my said
Son would have taken of the money secured
by the said bond in case I had made
no appointment of any part thereof but if
by any means howsoever it should
turn out contrary to my expectation that
the representatives of my said Son
shall take their proportionate share of
the money intended to be secured by the
said bond then and in such case I declare
and direct that the said legacy of nine
hundred pounds shall be absolute null and
void And I do hereby declare that
unless the same shall turn out to be void
as aforesaid my said Executors shall
stand possessed of and interested in the
said sum of nine hundred pounds and
interest upon trust to invest the same in
or upon some good and sufficient
security at interest as they in their
discretion shall think expedient and from
time to time to invest such interest
again at interest to accumulate for the
benefit of my said Grandsons Harford Lury
and John Elton Lury and upon trust
that when the Eldest of them shall attain
the age of twenty one years to pay one
half of the said sum of nine hundred
pounds and one half of the said accumulations
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thereof to transfer the security or
securities in or on which the said halves shall
respectively be invested unto him and
when the youngest of them shall attain the
same age to pay over to him the same
amount as had been paid to the Eldest or
otherwise to transfer to him the
securities in or upon which the same may be then
invested to an equal amount and then to
divide the surplus which shall be then
remaining of the said accumulations
equally between them share and share
alike Also I give and bequeath unto the
said Samuel Harford Lury and Joseph
Davis the sum of five hundred pounds with
interest from the day of my decease
upon trust to invest the same in or upon
some good and sufficient security at
interest and from time to time to invest
such interest again at interest to
accumulate for the benefit of my said
Grandsons and upon trust that when the
Eldest of them shall attain the age of
twenty one years to pay or transfer one
half of the said sum of five hundred
pounds and one half of the then
accumulations thereof unto him and when
the youngest of them shall attain
the same age to pay over or transfer to
him the same amount as had been
paid to the eldest and then to divide the
surplus which shall be then remaining of
the said accumulations equally between
them my said Grandsons share and
share alike and in case either of my said
Grandsons shall die under the age of
twenty one years then I direct that the
share and interest of and in the said sums
of nine hundred pounds and five hundred
pounds and their accumulations which
such Grandson so dying would have taken
in case he had lived to attain
twenty one years of age and all
subsequent accumulations thereof shall go and
belong unto the other of my said
Grandsons and to be paid and payable to him in
the same manner and at the same time as
his original share is made
payable by this my Will and in case both
my said Grandsons shall depart this
life under the age of twenty one years
then I hereby direct that the said sums of nine
hundred pounds and five hundred pounds
and all accumulations thereof shall fall
into and constitute part of my Residuary
Estate And I do hereby direct and declare
that all and every the legacies and sums
of money which by this my Will are
given and bequeathed or directed to be
paid shall be paid to the several and
respective legatees free of and from the
duty payable to Government in respect
thereof And as to all the Rest Residue
and Remainder of my Estate
and Effects whether real or personal of
every and whatever description and
wheresoever situate I hereby direct that
the same and every part thereof shall
as soon as conveniently may be after my
decease be collected got in and
ascertained and that after payment of my
just debts funeral and testamentary
expences and legacies the whole thereof
shall be divided and paid unto and
between my Children Sarah Wife of the
said Joseph Davis Eliza Lury and
Samuel Harford Lury equally share and
share alike to whom I do hereby
give and bequeath the same And I do
hereby declare it to be my will and
meaning that the share of my Residuary
Estate which I have hereby given
unto my said Daughter Sarah Davis shall
be considered as her own property
notwithstanding she is married and that
she shall have full power and
authority to dispose thereof either by
deed will or otherwise according to her own
pleasure provided always and it is my
will that in case either of the trustees
hereby appointed or any future trustee or
trustees to be appointed by virtue of
this provision shall depart this life or
be desirous of being discharged or
become incapable to act before the trusts
of this my Will shall be fully
executed then and so often as the same
shall happen it shall and may be
lawful to and for the surviving or
continuing or acting trustee for the time
being and I do hereby expressly authorize
and require him to nominate and
appoint with the consent in writing of
the person or persons who shall then be
interested in this my Will (and who shall
be capable of signifying such
consent) some other fit person or persons
to be a trustee or trustees of this my
Will in the room of such trustee so dying
desiring to be discharged or
becoming incapable to act And I hereby
declare that every such trustee so
appointed as aforesaid shall have and
exercise the same power as though he
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been named in this my Will Provided also
and it is my will that my Executors or other
my trustees and trustee for the time
being shall not be charged or chargeable with or
for any more of my estate monies or
effects than shall actually come to their
respective hands or possession neither
shall they be answerable or accountable for
any loss that may arise thereto unless
the same shall happen through their his
or her wilful neglect or default neither
shall one of them be accountable for the acts
receipts or defaults of the other of them
but each of them for his own acts receipts
or defaults only In Witness whereof I
have to this my last Will and Testament
contained on four sheets of paper set my
hand and seal that is to say to the
first three sheets my hand and to this
fourth and last sheet my hand and seal
the twenty seventh day of the first month
called January in the year of our
Lord one thousand eight hundred and
thirty five /-/ Sarah Lury -/ (seal) /-/ Signed
Sealed Published and Declared by the said
Sarah Lury as and for her last Will and
Testament in the presence of us who at
her request in her presence and in the
presence of each other have hereunto
subscribed our names as Witnesses /-/ James
Harford of Bristol Accountant /-/ Jacob
Raggatt Clerk to Jos. Davis Conveyr. Bristol.
I Sarah Lury late of Southmead in the
Parish of Westbury upon
Trym in the County of Glocester but now
of the City of Bristol Widow do declare this
to be a Codicil to my last Will and
Testament Whereas I have by my Will dated
the twenty seventh day of the first month
called January which was in the year
one thousand eight hundred and thirty
five given and bequeathed to my Son
Samuel Harford Lury and my Son in Law
Joseph Davis the sum of nine hundred
pounds with interest from the time of my
decease and which I declared should be
void in case it should turn out that the
representatives of my Son John Elton Lury
deceased should take their proportionate
share of the money intended to be
secured by a certain bond entered into by
my late Husband previous to and in
contemplation of our marriage And I have
also given and bequeathed unto
the said Samuel Harford Lury and Joseph
Davis the sum of five hundred pounds
with interest from the day of my decease
And I have declared certain trusts of
the said two sums for the benefit of my
two Grandsons Harford Lury and John
Elton Lury equally between them subject
to the benefit of survivorship in case of
the decease of either of them under the
age of twenty one years and in case of
the decease of both of them under that
age I have declared that the same sums
and all accumulations thereof shall fall
into my Residuary Estate Now I do
hereby give and bequeath unto the said
Samuel Harford Lury and Joseph
Davis the further sum of two hundred and
fifty pounds upon the same trusts for
the same purposes and under and subject
to the same directions in all respects
as are mentioned and contained in my said
Will respecting the said sum of five
hundred pounds except so far as the said
trusts and directions are altered or
varied by this Codicil and I do hereby
declare my will and meaning to be and
do direct that my said Grandchildren
shall respectively obtain and have a vested
and transmissible interests in the said
sums of nine hundred pounds five hundred
pounds and two hundred and fifty pounds
subject as to the said sum of nine
hundred pounds to the contingency
aforesaid as and when they shall respectively
attain the age of twenty one years but
that the same shall not be payable to
them or either of them until and as they
shall respectively attain the age of
twenty five years and that in the mean
time and until they respectively attain
such age the said several sums shall go
on accumulating as or in the nature of
compound interest as directed in my Will
and that all such accumulations shall
at their respective ages of twenty five
years be divided in the manner directed in
my Will And in all other respects I
confirm my Will In Witness whereof I have
hereunto set my hand and seal this sixth
day of the first month called January
in the year one thousand eight hundred
and thirty seven /-/ Sarah Lury /-/ (seal) /-/
Signed Sealed Published and Declared by
the said Sarah Lury as and for a Codicil
to her last Will and Testament in the
presence of us who in her presence at her
request and in the presence of each other
have hereunto subscribed our names
as Witnesses James Harford of Bristol /-/
John Price of Bristol.
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Proved at London with a Codicil 8th
February 1837 before the Judge by
Samuel Harford Lury the Son and Joseph
Davis the Executors to whom Admon was
granted having first made a solemn and
sincere declaration or Affirmation
according to Act of Parliament by
Commission duly to Administer.
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