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Will of John Houston
Be it known that I John Houston of Exeter in the County of Rockingham and State of New Hampshire, Esquire, do make and publish this my last will and testament I give and bequeath to my beloved wife Charlotte Houston one fifth part of the net income and profits of all my estate real, personal and mixed, to be annually paid to her by the Trustees hereinafter named during her natural life in full satisfaction of her right of dower in my estate I give and bequeath to my four daughters Charlotte McGregor of the City of London in England widow of Alexander McGregor late of the Island of Tobago- Eliza Winslow wife of Benjamin Winslow of the City of Boston in the Commonwealth of Massachusetts, Merchant, Margaret Haven wife of Alfred W. Haven of Portsmouth in the County of Rockingham aforesaid, Counsellor-at-law and Ellen Balfour Houston of Exeter aforesaid, single woman, one fifth part each of the net income and profits of all my estate, real personal and mixed, during the life of my said wife Charlotte Houston, and after her decease one quarter part each of the said income and profits of my estate to be from time to time paid over to them by the Trustees hereinafter named in such sums and at such times in each year as the said Trustees in their discretion shall judge most conducive to the comfort and advantage of my said daughters respectively- the said payments to be made to each of them upon her separate receipt without the interference or controul of the present or any future husband of either of them. Provided however that interest in all sums by me advanced to either of my said daughters and charged to said daughter on my book of account shall be estimated as if it were part of the income of my estate and the said interest shall be considered and allowed as part of the share of each daughter in the profits and income of my said estate. In case either of my said daughters should die leaving no child or grandchild living the share of the income and profits of my estate hereinbefore given to her shall be paid over by the said Trustees in manner aforesaid in equal shares to such of them as shall survive But if either of my said daughters shall die leaving one or more children or grandchildren, such child or children or grandchildren shall be entitled to receive the share or proportion of the profits and income of my estate which such deceased daughter would be entitled if living to be annually paid by such Trustees to such person or persons as shall be legally authorized to receive the sum. And if all the children or issue of either of my daughters deceased shall die during the lifetime of any other of my daughters then the profits and income of my estate shall be divided as if such deceased daughter had died childless. After the decease of my wife and of all my daughters I give devise and bequeath all my estate real personal and mixed in the hands of my Trustees hereinafter named to the surviving children and issue of each of my said daughters. All the children and issue of each of my said daughters being entitled to such share and proportions of my estate as such daughters would have been entitled to if living and such estate were intestate. The several sums by me advanced to either of my said daughters and charged to such daughter in my book of accounts to be estimated as if it were part of my estate and considered and allowed as part of the share to which the children and issue of such daughters are entitled. I give devise devise and bequeath to my friends Robert G. Shaw, Merchant, Jonathan Chapman, Counsellor-at-law, and Israel Lombard, Merchant, all of Boston, in the County of Suffolk and Commonwealth of Massachusetts, all my property and estate real personal and mixed wherever situate and however described in trust for the uses and purposes set forth in this my last will and testament, and for no other use or purpose whatsoever-that is to say- in trust that said Trustees shall cause all such parts of said property as they shall judge expedient to be sold, and the proceeds of the same invested in such public stocks or Bank stocks as they shall consider safe and productive, and shall cause the said stocks and all the residue of said property to be managed and improved to the best advantage and after paying all taxes which may be assessed thereon and making all needful repairs upon the same, and defraying the expenses of the care and management of the same in trust to pay over all the rents, dividends, interests, income and profits of the same to my wife Charlotte Houston and to my daughters Charlotte McGregor, Eliza Winslow, Margaret Haven and Ellen Balfour Houston in the manner hereinbefore expressed and to the survivor or survivors of them and to the children and issue of any of them which shall decease as hereinbefore expressed and provided and after the decease of my said wife and daughters then in trust to convey and assume the same by good and sufficient deeds of conveyance to the surviving children and issue of my said daughters as hereinbefore expressed. In case all my said daughters shall die leaving no children or issue then living I give and bequeath to the Treasurer for the time being of the American Bible Society-of the American Home Missionary Society-of the American Board of Commissioners for Foreign Missions and of the American Tract Society-the sum of five hundred dollars each for the purposes of said Societies respectively and for which the receipt of such Treasurer respectively shall be a sufficient discharge to be paid by me Trustee;- and all the rest residue and remainder of my estate in the hands of said Trustees amongst the heirs of my last surviving daughter In case either of the Trustees hereinbefore appointed shall decline to act as such, shall resign or die, I authorize the surviving Trustee or Trustees to elect one or more suitable persons to be Trustees in his or their stead, who shall have the same interest and authority in relation to the care and management of my estate and to the election of new Trustees to fill vacancies in their number as are given to the Trustees before named. I do hereby revoke all former wills by me at any time heretofore made, and do appoint the aforenamed Robert G. Shaw, Jonathan Chapman and Israel Lombard and the survivors or survivor of them to be the executor of this my last will and testament. In witness whereof I the said John Houston have hereunto set my hand and seal this eighth day of September Anno Domini eighteen hundred and forty three.
John Houston (Seal) Signed sealed published and declared by the said John Houston as and for his last will and testament in presence of us who at his request and in his presence and in presence of each other have hereunto set our names as witnesses, Ira B. Hoitt, J. Burley, George Gardner.
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. 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.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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