Wills of the Hamers

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Will of William Attwick Hamer

This is an ongoing Transcription of the Will, ( I am unable to read some of the text as it is in the old english handwriting) The surname Smithwick could also be Smithwisk

This is the last will and testament of one William Attwick Hamer of Cheltenham in the county of Gloucester Esquire in the first place I first I direct all my just debts….functal/several and testamentary expenses be paid and satisfied as soon as can be after my decease I give and bequeath unto the Orphan Chamber of the united Colony of Demarara and Esquibo the sum of one Hundred guilders Demarara…… in order and to ….intact to prevent the said Orphan Chamber from having any jurisdiction over or interfering in any way with my ….or personal estate or effects also I give and bequeath the sum of five pounds sterling to each of the following persons(now respectively apprentices on the Estate or plantation of Mon Repos herein after with issues) that is to say to my old Nurse Margaret to Myrtilla the housekeeper to Jane or Jack her daughter and to Harriet Hamers Ophelia and David in order to enable them respectively to b.. inoc……..and I desire these several legacies of five

pounds each to be paid or remitted to the said apprentices within six months next after my death also I herby give and bequeath unto my dear wife ,Hannah Hamer her executors administrators and assigns absolutely subject ……… to and charged with the payment of my said debts and the before mentioned expences and legacies all other costs which may be due or owing to me at the time of my decease or around the ……allowance or income for the time being payable to me in respect of my ..heirs or other part or share of the estates or plantaions Hereinafter mentioned called Endraght and Mon Repos and also all and every the household and other furniture , plate, ….. china glass books pictures paintings coins liquors and all my monies sta…. ……. And securities for …..and other my property Personal Estate and Effects of whatso ever or description the same may be also, I give devise and bequeath unto my said dear wife Anna Hamer (subject under the loss to and charged with the payment and satisfaction of my said debts and the expenses and legacies hereinbefore mentioned and also to and with the annual sum of twelve pounds hereinafter given to Jane or Jack the daughter of the said Myretilla) all that my one third or other part or share of and in the several plantations and or estates in the Colony of Demerara in British Guiana South America with the rights and app…… the…belongings and all my estate and interest in the said plantations and estates and all principal o or other monies if any into which my said part share or interest or any part thereof shall or may be _onverted at the time of my decease to hold the same to and to the rest of my said dear wife Anna Hamer for and during the term of her natural life and from and immediately after the or _ease of my said wife I give devise and bequeath my said one third or other part or share and all other the premises so ___ to my said wife during her life as aforesaid unto my dear step son the Reverand William John Smithwick now residing at Torquay in the County of Devon to hold the same unto and to the ___ of the said William John Smithwick absolutely for and during the tem of his natural life subject nevertheless and charged as aforesaid and also subject to and charged with the several annual sums of twenty four pounds and one hundred pounds hereinafter mentioned and also to and with the annual sum or sums to which the said annual sum of one hundred pounds may be augmented or reduced as hereinafter provided and from and immediately after the decease of the survivor of them my said wife and stepson I give devise and bequeath my said one third or other part or share and all other the promises so given to my said wife and stepson successively during their respective lives as aforesaid unto my dear Nephew Henry Percy Hamer (son of my late brother Henry Percy Hamer deceased) to hold the same unto and to use of my said nephew Henry Percy Hamer his heirs and assigns for ____for his and their own absolute use and benefit subject nevertheless to and charged with the payment of my said debts and the before mentioned expenses and legacies and also subject to and charged with the several annual sums of twenty four pounds and one hundred pounds hereinafter mentioned and also to and with the annual sum or sums to whch the said annjual sum of one hundred and fifty

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Pounds may be accounted or returned as hereinafter provided and I hereby give and bequeath unto the said Jane_____ called Jack the daughter of the said Myrtilla the housekeeper and which said Jane or Jack is also and apprentice on the estate of Mon Repo for and being the joint heirs of the said Jane and Jack and of my said dear Wife Anna Hamer (if my dear wife shall survive me) one annuity or halve yearly sum of twelve pounds stirling money to commence and become payable from the day of my death and from and immediately after my decease I give unto the said Jane or Jack one annuity or a half yearly sum of twenty four pounds sterling money for and during her natural life and I direct the said several annuities or yearly sums of twelve pounds and twenty four pounds to be respectively paid half yearly with out any deduction in respect of any legacy or other duty or otherwise howsoever also I give unto the several persons next hereinafter named the several annuities or yearly sums following (and which yearly sums I will and direct shall ----------- and become payable from the day of the decease of my said wife Anna Hamer) that is to say I give unto the Reverend William Wall of Trinity Collage in Dublin and Peter Broughton of Tunstall ------ in the County of Salop Esqure their excecutors ad-ministraters and assigns during the joint lives of my dear step daughter Maria Stott wife of John Stott of the city of Dublin

Gentleman and the said William John Smithwis--- one annuity of or two yearly sum of one hundred pounds sterling (the same th--- to be held by the said William Wall and Peter Broughton their executors administrators and assigns upon the trust s and for the purposes hereinafter expressed ---ing the same) andI give to my dear step daughter Catherine Smithwi--- during the joint lives of herself and the said William John Smith---- the life annuity or ----- yearly sume of one hundred pounds stirling for the use and absolute benefit of the said Catherine Smith----and I give to my dear step daughter Anne Ogilvie Broughton wife of the said Peter Broughton during the joint lives ot herself and the said William John Smith---- the life annuity or yearly sum of one hundred pounds stirling and I direct that the same shall be paid half yearly by the said William John Smith--- or his assigns into the proper hands of the said Anna Ogilvie Broughton for her sole separate and absolute use and benefit independent of and ind any manner or any ---- od liable to the debts ----- or interferance of her said present or any future husband --- so nevertheless that she not charge or anticipate the same annual sum or any half yearly payment thereof and I direct and declare that the rec--- of the said Anna Ogilvie Broughton at all times after the said annual sum or any half yearly payment ----of shall become due (but not before) shall alone be a good discharge to the person paying the same for the said annuity or any part thereof and I give to me said nephew Henry Percy Hamer during the joint live of himself and the said William John Smith----the life annuity of one hundred pounds stirling for the sole and absolute benefit of him the said Henry Percy Hamer and further I give unto the said William Wall and Peter Broughton their assigns administrators and executors
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Upon the trusts herein after expressed and unto to said Catherine Smithwick and Anna Ogilvie Broughton the several annuities or yearly sums following and I will and direct that the same shall -------- and become payable form the day of the ----- of the survivor of them my said wife and the said William john Smithwick(at which time the several yearly sums of one hundred pounds each hereinbefore given will ------ to be come payable ) that is to say I give to the said William Wall and Peter Broughton their executors administrators and assigns (upon the trusts and for the purposes hereinafter expressed -- receiving the same during the natural life of the said Maria Stott the yearly sum of one hundred and fifty pounds and I give to the said Catherine Smithwisk during her natural life the life yearly sum of one hundred and fifty pounds for her own absolute benefit and I give to the said Anna Ogilvy Broughton during her natural life the life annual sum of one hundred and fifty pounds to be paid and payable unto and for the sole separate and absolute use and benefit of her the said Anna Ogilvy Broughton in like manner in all respects as is hereinbefore directed to--ing the said annual sum of one hundred pounds hereinbefore given to her during the joint lives of herself and the said William John Smithwisk as aforesaid and it is my will and intention that the said several yearly sums of one hundred and fifty pounds each shall arise and r------- upon the termination and shall become payable in lieu of the several yearly sums of one hundred pounds each hereinbefore given to the said William Wall and Peter Broughton Catherine Smithwisk and Anna Ogilvie Broughton respectively as aforesaid and I hereby charge all the said several annual sums of twelve pounds , Twenty four pounds one hundred pounds and one hundred and fifty pounds respective when and as the ------ shall arise and become payable upon my said one third or other part or share of the said estates and premises at Demerara aforesaid and my will is to and I do hereby declare that notwithstanding the trusts here in before referred to the receipt or receipts of the said William Wall and Peter Broughton and of the survivor of them and of his executors or administrators and their or his assigns shall from time to time and at all times be a sufficient discharge to the person or persons paying or liable to pay the same for so much of the said several annual sums of one hundred pounds and one hundred and fifty pounds hereinbefore given to the said William Wall and Peter Broughton their executors administrators and assigns as shall from time to time in such receipt or receipts be expected to be ------ and shall exonerate ------- person whosoever from seeing the application or being answerable for the loss or misapplication or of --participation of thereof, and my will is and I do hereby direct that the said William Wall and Peter Broughton their executors administrators and assigns shall stand possessed of and interested in the said yearly sum of one hundred pounds hereinbefore given to them during the joint lives of the said Maria Stott and William John Smithwick to commence from the decease of my said wife as aforesaid and also of and in the said yearly sum of one hundred and fifty pounds hereinbefore given to them during life of the said Maria Stott and to commence from the decease of the survivor of them my said wife and the said William
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John Smithwick as aforesaid and also of and in the yearly sum to which the same yearly sums of on hundred pounds and one hundred and fifty pounds or either of them may be accounted? Or reduced by virtue of ____ provision or provisions in this will contained upon the trusts and for the purposes following that is to say upon trust that they the said William Wall and Peter Brougton and the survivor of them his executors and administrators and their and his assignes shall and do pay the said several yearly sums of one hundred pounds and one hundred and fifty pounds respectively from time to time when and as the same shall become payable unto and for the sole use and benefit of the said Maria Stott separate and apart from and exclusively of her present or any future husband and so they the same may not be subject or liable to his debts control or engagements and so that the said Maria Stott may not assign encumber or in any manner anticipate the (gr owing?) payments thereof and my will is and I do hereby direct and declare that the receipt and receipts of the said Maria Stott to be respectively signed by her after the (gr owing?) payments of the said respective annual sums shall become sue but not by anticipation shall from time to time and at all times notwithstanding _____________ be ____tions discharges for the same to the said William Wall and Peter Broughton or either of them their or either of their executors administrators or assigne provided always and my will is that if at any time or times during the life of the said William John Smithwisk and whilst the said several annual sums of one hundred pounds each or any of them shall be or remain payable the income or allowance of six hundred and sixty six pounds thirteen shillings and four pence per annum which I ____ receive from or in respect of my said one third part of the said plantations and estates in Demerara aforesaid shall be reduced to the annual sum of five hundred pounds sterling then and in such case I direct that the said several annual sums of one hundred pounds or ___ of them as shall __ be subsisting shall thereupon abate and be reduced to the annual sum of seventy five pounds with and be in proportion in case my said income or allowance shall be reduced to any sum below the said annual sum of five hundred pounds and further that in case my said income or allowance shall at any time or times during the period
____ aforesaid be increased to the annual sum of one thousand pounds that they the said several annual sums of one hundred pounds each shall respectively be augurated and increased to the annual sum of one hundred and twenty five pounds each and my will further is that if at any time or times after the death of the survivor of them my said wife and the said William John Smithwick and whilst the said several annual sums of one hundred and fifty pounds each or any of them shall be reduced to the annual sum of five hundred pounds sterling then and in such case I direct that the said several last mentioned annual sums or each of them as shall them be subsisting shall thereupon abate and be reduced to the annual sum of one hundred pounds each and so in proportion in case my said income or allowance shall at any time or times after the death of the survivor of them my said wife and the
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said William John Smithwick and whilst the said annual sums of one hundred and fifty pounds each or any of them shall be payable be increased to the annual sum of one thousand pounds that then the said several annuities of one hundred and fiftty pounds each shall respectively be augmented and increased to the annual sum of two hundred pounds and so in proportion in case my said income shall be increased to any sum above my said present income of six hundred and sixty six pounds thirteen shillings and four pence aforesaid provided always and my will further is incase the said several annual sums of one hundred pounds each and one hundred and fifty pounds each respectively or any of them or any sum or sums of money to which the same or any of them may be augmented shall at anytime or times be reduced by virtue of the provisions aforesaid that then and in every such case the said William John Smithwick and Henry Percy Hamer respectively and their respective heirs execators administrators and assigns shall not nor shall any or either of them be liable to pay or make good to any person or persons whomsoever any arrears of such annual sum or sums which at the time or times of such reductions shall or may happen to be unpaid nor shall such arrears be or remain charge upon my said one third or other part or share and premises so given to the said William John Smithwick for his life and after his death and the death of my said wife to the said Henry Percy Hamer his heirs and assigns as aforesaaid but the said one third or other part and premises and also the said William John Smithwick and Henry Percy Hamer respectively and their respective heirs executors administrators and assigns shall be and be deemed absolutely and for ever released and exonerated therefrom provided also and my will further is that in case my said part or interest in the said plantations or estates shall at any time after the death of my said wife by virtue of any trust or power now existing or hereafter to be agreed upon be sold and reverted into principal money and the annual income or interest which shall then arise or be payable in respect of my share of such money shall be less than the yearly sum of six hundred and sixty six pounds thirteen shillings and four pence then and in such case my will is and I do hereby direct that the said several annuities herinbefore given by me whether the same shall respectively remain and be one hundred pounds per annum or one hundred anf fifty pounds per annum or shall have been reduced or augmented until the provisions herein before contained shall abate and be reduced (rateably/noteably ?) as follows(that is to say)in case my said part or interest shall be sold after the death of my said wife and during the life time of the said William John Smithwick my will is that the said annual sums or such of them as shall then be subsisting shall abate (noteably/rateably?) to such yearly sum or sums of money as will after payment thereof leave a ___ annual surplus of two hundred pounds payable to or retainable by the said William John Smithwick out of the interest or annual produce of the principle money into which my said one third or other part or interest shall be converted as aforesaid and incase my said part or share shall be sold after the death of
7 To be continued........

Will of Anna Hamer

Anna Hamer widow of William Attwick Hamer This is the last will and testament of me Anna Hamer of Landsdowne Crescent Cheltenham in the county of Gloucester. Widow I direct my just debts funeral and testament and expenses to be paid by me Executors hereinafter named as soon as __ may be after my decease. And I direct that the legacies bequeathed by this my will shall be paid or transferred by me to the said executors within three calendar months after my decease and I give and bequeath my leasehold farm lands here situates and premises with the apart____ ____ in the Parish of Carston in the County of Devon. Also all arrears of income which shall be due to me as representative of my late husband, or in my own right arising from Estates late of my said husband in Demerara. Also one Thousand pounds three pounds per ca__ consols unto my Son the Reverend William John Swith___ for his absolute use And I bequeath the sum of Four thousand pounds. Three pounds per ca__consols to my Daughter Maria Stott for her absolute use. And I bequeath the sum of four Thousand pounds. Three pounds per cent consols to my daughter Catherine Smith___ for her absolute use And as to all the rest residue and remainder of my monies ____ funds and ____thes for securities for money Real and personal estate and effects whatsoever and wheresoever and of what nature or __dsoever I give devise and bequeath the same unto my said daughter Maria Stott for her absolue use and I appoint my said son William John Smith___ and my said Daughters Maria Stott and Catherine Smith____. Executor and Executrixes of this my last will and testament I witness whereof I ___ hereinto set my _gns the fourteenth day of February one thousand eight hundred and fifty two. Anna Hamer published and ___ by the said ____ Hamer the ___rix as and for her last will and testament in the presence of us present at the same time also in her presence and in the presense of each other have hereunto ___ our names as witnesses. John Bubb Sol’s Cheltenham, Chars BubbProved at London 5^th Feb 1856 before the __dye by the oaths of the Rev. William John Smitwi__ Clerk the son and Maria Stott widow and Catherine in the will written Catharine Smithwi _ spinster the Daughters Executors to whom ___ was granted