Histories

Will of James Butler - taken in 1997 from a certified copy of a handwritten copy held at Somerset House, London. Made 18/11/1863, James died 28/3/1866. This is the last Will and Testament of me James Butler of the Parish of Horton in the County of Gloucester, Yeoman. I give and devise unto my daughter Sarah Butler all that Cottage or Tenement in the occupation of Thomas Brown with the building and premises adjoining now used as a Chapel and also the garden ground adjoining in my occupation with the appurtainances situate on Horton Hill in the Parish of Horton aforesaid To hold the same unto and to the use of the said Sarah Butler her heirs and assigns for ever. I give and devise unto my son Obed Butler all that Cottage or Tenement in the occupation of Oliver Milsom with one third part of the Garden Ground adjoining and lying on the westward side thereof and at present occupied with this and my two other cottages by Eleanor Draisey and George Sprackman situate in Little Sodbury Common in the Parish of Little Sodbury in the County of Gloucester To hold the same unto and to the use of the said Obed Butler his heirs and assigns for ever. I give and devise unto my daughter Mary Gale (the wife of James Gale) all that Cottage or Tenement in the occupation George Sprackman with one third part of the Garden Ground adjoining and lying on the westward side thereof and at present occupied with this and my two other cottages by the said Eleanor Draisey and Oliver Milsom situate in Little Sodbury Common in the Parish of Little Sodbury in the County of Gloucester To hold the same unto and to the use of the said Mary Gale her heirs and assigns for ever. I give and devise unto my daughter Ann Butler all that Cottage or Tenement in the occupation of the said Eleanor Draisey and adjoining to the abovementioned Cottage in the occupation of the said George Sprackman with the remaining one third part of the Garden Ground also adjoining extending in a straight line from the north to the south and at present occupied with this and my two other cottages by the said Oliver Milsom and George Sprackman situate in Little Sodbury Common in the Parish of Little Sodbury in the County of Gloucester To hold the same unto and to the use of the said Ann Butler her heirs and assigns for ever. I give, devise and bequeath unto the said Obed Butler and Sarah Butler all those two cottages or tenements adjoining together with the Garden Ground also adjoining now or late in the respective occupations of Thomas Painter and Joseph Lichfield and also all that close or piece of Pasture Land adjoining thereto in the occupation of the said Obed Butler all situate lying and being in Hawkesbury Common in the Parish of Hawkesbury in the County of Gloucester and all other my real estate whatsoever and wheresoever and also all my Household Furniture, Plate, Linen, China and other my personal Estate and Effects whatsoever To hold the same according to the nature and quality thereof respectively unto and to the use of the said Obed Butler and Sarah Butler (hereinafter called my Trustees) their heirs executors administrators and assigns Upon trust to sell and convert the same into money and to receive and stand ______ of the proceeds thereof Upon trust to divide the sam unto and equally between themselves the said Obed Butler and Sarah Butler and the said Mary Gale and Ann Butler share and share alike as Tenants in common. I empower my Trustees to give receipts for money paid by purchasers and others to them her or him under the Trusts of this my Will which receipts I declare shall discharge the persons taking the same from liability to see to the application of the money therein appraised to be received. I devise all the Real Estate which may be vested in one as Trustee or Mortgagee unto the said Obed Butler and Sarah Butler their heirs and assigns subject to the trusts and equities affecting the same respectively. I empower my Trustees to retain and allow to each other the costs and expenses incurred in the execution of the trusts of this my Will or in relation thereinto and I exempt every Trustee of my Will from liability for costs occurring without his or her own wilful default And I declare that the powers hereinbefore given to my Trustees shall be vested in and exercisable by the Trustees or Trustee for the time being of my Will and I appoint the said Obed Butler and Sarah Butler Executor and Executrix of this my Will which I declare to be in revocation of all other Will and Wills by me at any time heretofore made. In witness whereof I have hereunto set my hand and sel this eighteenth day of November one thousand eight hundred and sixty three. JAMES BUTLER (seal) Signed, sealed published and declared by the said James Butler the Testator as and for his last Will and Testament in the presence of us being 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 "and" being struck out of the third line from the top of the second side hereof and the words "and bequeath" being first interlined between between the third and fourth lines from the top of the same side. J. TRENFIELD, SOLICITOR, CHIPPING SODBURY THOMAS RUMMINS, HORTON Proved at Gloucester the 27th day of March 1867 by the oaths of Obed Butler, the son, and Sarah Butler, Spinster, the daughter, the Executors to whom administration was granted. The Testator James Butler was late of the Parish of Horton in the County of Gloucester Yeoman and died on the 28th day of March 1866 at the parish aforesaid. Under 300 pounds.