James RICE - (Abt. 1752 - 1829)
was born in about 1752 and he was married to Elizabeth (or Betty as she
was known). The couple had four known children, the first three
having been born in Slimbridge, Gloucestershire, between 1776 and 1785.
Their last child, also Elizabeth/Betty, was born in Coaley,
Gloucestershire, in about 1788.
James made a will on 9th August 1827. At that time he
was a yeoman and was still resident in Coaley. His executors were his
son-in-law, Joseph Savage, and a friend called Samuel Champion from
nearby Dursley. The will was proved on 12th May 1829.
James RICE'S will reads as follows...
This is the last Will and Testament of me James Rice of Coaley in the County of Gloucester Yeoman First I will and direct that all my just Debts Funeral and Testamentary Expences be paid and satisfied by my Executors hereinafter named as soon as conveniently may be after my Decease I Give Devise and Bequeath unto my Friend Samuel Champion of Dursley in the said County Saddler and my Son in Law Joseph Savage of Eastington in the same County Farmer their Heirs Executors and Administrators All and singular my Real Estate of what nature or kind soever and wheresoever situate lying and being And also all my Money Securities for Money Live and Dead Farming Stock and Implements of Husbandry Household Furniture and all other my Personal Estate of what nature or kind soever To hold to them the said Samuel Champion and Joseph Savage and the Survivor of them his Heirs Executors and Administrators according to the nature of my said Real and Personal Estate and Effects respectively Upon the Trusts nevertheless and for the purposes hereinafter expressed and declared that is to say Upon Trust that they the said Samuel Champion and Joseph Savage and the Survivor of them his Heirs Executors and Administrators do and shall permit and suffer my dear Wife Betty Rice to receive and take the Rents Issues and Profits of my Real Estate and the Interest and Proceeds of my Money and Securities for Money and to use possess and enjoy all and singular my said Farming Stock and Implements of Husbandry and all other my Personal Estate for and during the term of her natural Life she my said Wife thereout maintaining clothing and providing for in a proper manner my Daughter Betty Rice. And I will and direct that they my said Trustees or the Survivor of them his Executors or Administrators shall with all convenient speed after my decease take and write out a fair true and perfect Inventory or Schedule of my said Farming Stock and Implements of Husbandry and Household Furniture and that my said Wife shall sign and subscribe such Inventory or Schedule which shall remain in the Hands or Custody of my said Trustees or the Survivor of them his Executors or Administrators for the benefit of the Person or Persons who may become interested under this my Will And from and after the decease of my said Wife or in case in her life time it shall appear to them my said Trustees or the Survivor of them his Executors or Administrators upon a fair and impartial estimate and valuation to be made and taken thereof by my said Trustees or any two indifferent Persons to be appointed by them and competent in that behalf that she my said Wife shall be either wilfully or by losses in Business or otherwise wasting or diminishing my said Personal Estate and Effects (except by the reasonable use and wearing thereof) Then Upon Trust that they the said Samuel Champion and Joseph Savage or the Survivor of them his Executors or Administrators do and shall absolutely sell and convert into Money all such part and parts of my said Personal Estate Property and Effects as shall not consist of Money either together or in Parcels by Public Auction or by Private Contract as to them my said Trustees or the Survivor of them his Executors or Administrators shall seem meet And the Moneys arising by such Sale or Sales as also all other my Moneys do and shall place out and invest in or upon Government or Real Security or Securities in the name or names and at the discretion of my said Trustees or the Survivor of them his Executors or Administrators and so from time to time to alter and vary the nature of such Security or Securities as to them or him shall seem expedient And as to the Interest Dividends and Proceeds thereof as also the Rents and Profits of my said Real Estate Upon Trust that they my said Trustees or the Survivor of them his Executors or Administrators do and shall pay the same unto the proper Hands of my said Wife Betty Rice if then living and my said Daughter Betty Rice for and during the term of their Joint natural lives for their joint maintenance and support And from and after the decease of either of them my said Wife and Daughter Then that they my said Trustees or the Survivor of them his Executors or Administrators do and shall pay the whole of such Rents Issues and Profits to the Survivor of them my said Wife and Daughter for her natural life for her maintenance and support And from and after the decease of the Survivor of them my said Wife and Daughter Upon Trust that they my said Trustees or the Survivor of them his Heirs Executors or Administrators do and shall convey assign transfer and divide my said Real Estate and all my Moneys and Securities for Money and all other my Personal Estate unto and equally between all and every the Children of my said Daughter Betty Rice lawfully begotten who shall be living at the time of her decease unto whom I give devise and bequeath the same their Heirs Executors Administrators and Assigns according to the nature thereof respectively And if but one such Child I give the same to such only Child to and for his or her own Use and Benefit But in case of the Death of my said Daughter Betty Rice without leaving lawful Issue Then Upon this further Trust that they my said Trustees or the Survivor of them his Heirs Executors or Administrators do and shall convey assign transfer and divide the same unto and equally between my Daughter Sarah the Wife of Benjamin Pitcher of Uley in the said County Yeoman, my Son Edward Rice and my Daughter Ann the Wife of the said Joseph Savage unto whom in such latter case I Give Devise and Bequeath the same their Heirs Executors Administrators and Assigns respectively according to the nature of my said Estates and Property respectively And do hereby direct; that in case of the Death of either of them my said Children Sarah Pitcher Edward Rice and Ann Savage before the share or shares hereby intended for them shall become payable leaving lawful Issue Then my Will is that the Share or Shares of her or him so dying shall be conveyed assigned and paid to her or his Children in equal shares and proportions if more than one on their severally attaining the Age of twenty one Years and if but one then to such only Child Provided always that if during the lives of my said Wife and Daughter Betty Rice the Rents Dividends Interest and Produce of my said Estates Property and Effects shall be insufficient for their Maintenance and Support Then and in such case I do hereby authorize and empower my said Trustees and the Survivor of them his Heirs Executors and Administrators to advance and pay to them my said Wife and Daughter Betty such part and parts of my said Principal Moneys and Effects as my said Trustees or the Survivor of them his Heirs Executors or Administrators shall from time to time in their or his discretion think proper and necessary for the maintenance and support of my said Wife and Daughter during their natural lives respectively I hereby nominate and appoint the said Samuel Champion and Joseph Savage joint Executors of this my last Will and Testament and do hereby declare and direct that my said Trustees and Executors and each of them shall be charged and chargeable only for such Moneys as they shall respectively actually receive by virtue of the Trusts hereby in them reposed notwithstanding his or their giving or signing or joining in giving or signing any Receipts for the sake of conformity And that the one of them shall not be answerable or accountable for the other of them nor for any Misfortune Loss or Damage which may happen in the execution of the aforesaid Trusts or in relation thereto unless the same shall happen by or through his or their own wilful neglect or default respectively And also that it shall and may be lawful for them my said Trustees and each of them and their and each of their Heirs Executors and Administrators by with and out of the Moneys which shall come to their respective Hands by virtue of the Trusts aforesaid to retain to and reimburse himself and themselves respectively and to allow to his and their Co Trustee all Costs Charges Damages and Expences which he or they shall sustain expend disburse or be put unto in or about the execution of the aforesaid Trusts or in relation thereunto And lastly I do hereby revoke all former and other Wills by me at any time heretofore made and do declare this only to be my last Will and Testament In Witness whereof I the said James Rice the Testator have to this my last Will and Testament written and contained in four Sheets of Paper to the first three Sheets thereof subscribed my Name and to this fourth and last Sheet thereof have set my Hand and Seal this ninth day of August in the Year of our Lord One thousand eight hundred and twenty seven -
|Signed Sealed Published and Declared
by the said James Rice the Testator as and
for his last Will and Testament in the
presence of us who at his request in his
presence and in the presence of each other
have subscribed our Names as Witnesses
Alfred Jackson } Clerks to Messrs Bloxsome & Co
Wm Bliss } Solis Dursley
Edwd Bloxsome Att of Law Dursley
12 May 1829
The said Samuel Champion and
Joseph Savage the Exors were
duly Sworn before me
James RICE died in 1829, at the age of 77, and his
burial service took place at St Bartholomew's Church in Coaley on 16th
February of that year.
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