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Will of John Burry
This is the last will and testament of me John Burry late of Greenspond but now residing at Lymington in England. First I desire all my just debts funeral and testamentary expences to be fully paid and satisfied. Then I give to my executors hereinafter named all my funded property and all my lands tenements and hereditaments in trust for the purposes hereinafter named that is to say to receive the interest dividends rents and produce thereof and to pay the same to my beloved wife Mary Burry for and during the term of her natural life not subject however to the power or controul of any person she might hereafter marry but wholey and soley for her own use and benefit not subject to her sale or assignment by anticipation or otherwise and her receipt or receipts bill or bills of exchange alone shall be a discharge in the trust thereof. And at and immediately after her decease to sell out the funded property and to sell and dispose of any lands tenements or other hereditaments for the most that can be obtained (without the purchaser being subject to the due application thereof) and to divide the same as follows, one third equally between the three children of my late brother William Burry, David, John and James Burry, one third to my sister Mary Carter, widow, and one third to my sister Jane Durham wife of Benjamin Durham and in the event of the death of either of them leaving issue such issue shall take the parents share only. Also I give to my said wife Mary Burry all my house hold goods and furniture with everything in and about the house and garden save and except my wearing apparall monies and securities for money I give to my late brother William’s children or such of them as shall be living at my decease all my wearing apparall to be equally divided between them As to all the rest residue and remainder of my property real and personal I give to my three nephews David, John and James Burry appointing them the said John, David and James Burry executors and Trustees to this my last will and testament, revoking all others heretofore made by me. In witness whereof I have hereunto set my hand and seal this eighteenth day of April one thousand eight hundred and fifty. John his X mark Burry (LS) Signed sealed and declared by the abovenamed John Burry as and for his last will and testament in our presence as witnesses thereto, the testator and witnesses being present at the same time the said will having been first read over, explained, and approved, Davd Durell, Junr. John B. Durell, Ann Senneck.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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