This is the last will and testament of me Sir Walter James of Freshford
House in the County of Somerset ,Baronet I direct all my just debts
and my funeral and testamentary expenses to be paid as soon as conveniently may
be after my decease I give and bequeath to my daughter Lady Byng the wife of
Sir John Byng the sum of £8,000 Sterling to and for the sole use and at her
own absolute disposal and to Walter Laugslow of the City of Bath, Esquire the
sum of £500 Sterling which Legacies I direct to be paid within 12 months after
my decease I give and bequeath to my Grandson Walter James, Son of my dear
and deceased Son John James all my paintings and pictures and also my plate Silver,
Books, Wines Liquors and household furniture absolutely for his own proper
use I give and bequeath to my good and faithful Servant Lewis Cleroult
one annuity or annual sum of £100 to be paid to him during his natural
life by two over half yearly payments to be made at the end 6 months after my
decease I also give to him all my clothes, together with my watches and Seals.
I give and bequeath to my equally good and deserving Servant William Sargeant
a life annuity or annual sum of £100 to be paid to him during his natural
life by even yearly payments ,the first payment to be made at the end of 6 months
after my decease I give and bequeath to Mrs Walter who was my Lady's woman
and who ever served her with great fidelity and attention the sum of £200
Sterling which I direct to be paid to her within 12 months after my decease I
also bequeath to her an annuity or annual sum of £30 to be paid to her during
her life by two even half yearly payments the first of each payments to be made
at the end of 6 months after my decease. I give and bequeath unto Lord Marquis
Camden, the said John Byng and my son in law John Trower, Esquire the
sum of £8,000 in trust to invest the same upon Government or war securities
in England and from this to alter vary and transpose such securities as my said
trustees and all in advisable and upon further Trust to pay the interest and dividends
there of and when the same shall become due and payable unto my said Son in
Law John Trower or to permit and suffer this to receive the same for and during
the term of his natural life to and for his own use benefit and from and after
the decease upon further Trust to pay and divide assign and transfer the said
sum of £8,000 or the funds and securities upon which the same shall have been
invested equally between such of the issue of the said marriage of the said John
Trower and my daughter (namely Walter Trower Spencer Trower, Caroline Trower,
Georgina Trower and Francis Trower as shall living at the death of their father
shall alike if more than one and if but one then to such only surviving child
his or her executors, administrators and assigns and to be paid and payable to
them, him or her respectively at such age or ages time or times and subject to
the like trust for the accumulation thereof for their, his or her benefit as therein
after expressed in respect of the children of my daughter shall happen to die
in the lifetime of their said father then I direct that the said last mentioned
sum of £8,000 shall suit unto and every part of my residuary Estate . I also give
and bequeath unto the said Lord Marquis Camden, Sir John Byng and John Trower
the further purchase of like Government of real Securities in order that the same
may accumulate until my said Grandson Walter James shall arrive at the age of
21 years when I direct that my said trustees and the survivor of them and
the executors and administrators of such survivor shall stand possessed thereof
in Trust to pay the interest and dividends of all the said principal monies, funds
and securities and of the accumulations thereof as the same shall become due and
payable unto my said Grand son Walter James for and during the term of his natural
life and at his decease upon further trust to pay assign and transfer the said
principle monies and accumulations and the Stocks, Funds and securities in or
upon which the same shall have been invested unto and to the use of his first
son lawfully to be begotten and to the … of the body of the said first son.. And
for default of such issue to there use of the second sons of my said grandson
Walter James lawfully to be begotten severally successively and in remainder one
after another as they shall severally be in priority of birth and the heirs make
of the bodies and body of all and every such son and sons and the heirs make of
this and their body and bodies being always preferred and to take before the younger
of the said heir and the heirs make of this and their body and bodies issuing
and for and in default of such issue to the use of all and every the daughter
and daughters of the said Walter James equally to be divided between them share
and share alike in equal sharers and proportions and if there shall be but one
such daughter then to such one daughter and I hereby direct that if under the
Trusts aforesaid a Son or… a son of my said Grandson Walter James shall become
entitled to the said principal monies, funds and Securities the same with such
accumulations as aforesaid shall be paid to him on his attaining on the age of
21 years and that if the same shall vest in a daughter or daughters of the said
Walter James the said trust monies and accumulations and securities or the respective
proper shares thereof shall be paid to such daughters or daughters at their age
or respective ages of 21 years or days of marriage which shall first happen unless
such respective ..of payment shall happen in the lifetime of the said Walter James
in which such payment or respective payments shall be postponed until and shall
be made immediately after his decease provided nevertheless that if the party
in without the same trust monies and premises shall vest in Interest upon such
decease of my said Grandson shall if or shall be under the said age of 21 years
and if a female or females under such age and unmarried then it is my intention
and also hereby direct that the said Trusts , Monies and Premises or respective
shares thereof as aforesaid shall accumulate as aforesaid for his her or their
benefit until such age or ages time or times of payment as aforesaid and in case
my said Grandson Walter James shall die without leaving any child or children
or their being such if all and every such son and sons shall die under the age
of 21 years and all and every such daughter and daughters shall also die under
that age and unmarried then upon trust that my said Trustees and the survivor
of them and the executors and administrators of such survive shall and do stand
possessed of and interested in such funds and securities upon further Trust to
pay the Interest Dividends and Annual produce thereof as and upon the same shall
become due and payable equally between my said Daughters ,Mrs Davis and Lady Byng
during their natural lives and to the survivors of them during her natural life
to and for their own separate use independent of their husbands and their respective
receipts to be good and sufficient discharges for the same and from and immediately
after the decease of the survivor of my said daughters upon further trust to pay
and assign the said principal monies stocks funds and securities equally between
and amongst all and every and such of my Grandchildren as shall be then living
share and share alike at such age or ages time or times and subject to such Trust
for the accumulation thereof or in raise the party becoming entitled shall if
a male or Males be under age and if a female or females under age and unmarried
as there before mentions and do hereby constitute and appoint the said Lord Marquis
Camden, Sir John Byng and John Trower Executors of this my last Will and Testament
and do bequeath to them the sum of £100 each for their trouble and as some compensation
for carrying the Trusts thereof into execution and hereby revoking and annulling
all former and other Wills by me at any time thereof made do declare this only
to be my last will and testament and my will is and do hereby direct that my said
trustees and executors shall each of them be answerable for his own acts and receipts
only and do not the one for the other of them and that they shall be answerable
for any loss or miscarriage by any Security or securities that may happen in my
estate without their wilful default and also that they shall retain all their
costs charges and expenses out of all the estate and efforts in them vested by
this my will and the trusts therein contained . In witness whereof the said Sir
Walter James the Testator have to this and the 6 proceeding sheets of paper set
my hand and seal to this last sheet and my seal seal at the top where the said
sheets are affixed together the first day of May in the year 1827. Walter
James James , signed , sealed and published and declared by the said Sir Walter
James James as and for this last will and testament in the presence of George
Bythesea of Freshford, Clerk, Francis Maule, Lt. Colonel , Bath, John Maule, Solictor,
Bath. I Sir Walter James James of Freshford , Baronet do make this Codicil
to be taken as part of my Last Will and Testament as follows that is to say whereas
I have by my will bequeathed that several annuities to my 3 Servants, Mrs Walters,
L. Cleroult and William Serjeant. Now I hereby direct that the first payment
of such annuities shall .. And be made within 10 days after my death. I give and
bequeathe to Miss Jane Langton at present residing at Freshford House, the
sum of £500 and Mrs. Lovers(?) who lately resided there the sum of £100 and
I direct such several Legacies to be paid at the expiration of 12 months from
my death In all other respects I confirm my said Will and declare this as a Codicil
thereto In witness whereof I have to this Codicil to my Will set my hand and
seal 27 th September, 1829. The Mark of Sir Walter James James , Signed
and sealed, published and declared by the said Sir Walter James James as and
for a Codicil to his last Will in the presence of us who in his presence at his
request d in the presence of each other have hereunto subscribed our names as
witness thereto by the said Sir Walter James placing and making his Mark thereto
Geo. Bythesea, Rector of Freshford, Edward Lutwycke Davies ( Clk) John Maule,
Solicitor, Bath.
Freshford House Oct. 2nd, 1829
Apprehensive that my great and extensive distress will in all or prospective probability
exist in this parish next coming Winter and as it at present appears doubtful
whether or not the almighty will see fit to spare us to be in person his .. Almoner
and the favoured alleviation of the calamity and misery of my poor parishioners.
I most earnestly hope that in case of my decease occurring prior to this period
my Executors will take the most effectual steps for the accomplishment of my ..purpose.
I fear the distress will be more general than it was during the last Winter and
consequently wish that the distribution should be more extensive and perfectly
commensurate with the wants of my suffering fellow creatures. To this end I desire
that the sum expended should not be less than £300 and that it should not exceed
£400 the benefit of this relief to be devised from goods to be had as therefore
at the Shop of Jonathan Watts. The whole to be under the partial superintendence
of Lewis Cleroult and Mary Walter. The Mark of Walter James James. Signed in the
presence of Edward Davies, Jane Langton, Mary Walter, Horatio Davis, Lewis Cleroult.
Proved at London with two Codicils 21st Nov. 1829 before the Judge of Oaths
of the most Honourable John Jeffreys, Marquis Camden, Sir John Byng, Knight and
John Trower, Esquire the Executors to whom admin. was granted having been first
sworn the most Honourable John Jeffries Marquis Camden before the worshipful John
Trewthard Pickard, doctor of Laws and Surrogate and the said Sir John Byng and
John Trower Esquire. (by Commission, duly to administer.)