I Joseph Ashby Gillett of Banbury in the County of Oxford Banker hereby revoke all my former wills and declare this to be my last Will Whereas I am engaged in Copartnership with Arthur Robert Tawney and my brother Jonathon Gillett in carrying on the business of Banker at Banbury aforesaid and at Woodstock in the County of Oxford under the style or firm of "Gillett Tawney and Gillett" and I am entitled to one equal half part of the net profits arising from the said business Now I appoint my dear wife Martha Gillett my brother in law Thomas Gibbins and my sons Charles Gillett and Alfred Gillett Executrix and Executors of this my Will and I appoint my said dear wife during her life and after her decease the said Thomas Gibbins Charles Gillett and Alfred Gillett and the survivors and survivor of them Gardians and Gardian of the persons and estates of my infant children during their respective minorities And I devise and bequeath such of the estates vested in me as Trustee are limited upon trusts whichunder the limitations thereof respectively may be performed by my devisees or devisee and also all the estates vested in me as mortgagee with their appurtenances unto and to the use of the said Thomas Gibbins Charles Gillett and Alfred Gillett their heirs executors administrators and assigns respectively upon trust to hold or dispose of the said trust estates in the manner in which they ought to be held and disposed of pursuant to the said trusts and upon payment of the money secured upon mortgage to convey or assign the estates in mortgage to the person or persons entitled thereto for the time being And I desire that each of the two oldest for the time being of my sons Charles Gillett Alfred Gillett George Gillett and William Gillett who shall survive me may upon my decease or onhis respectively attaining the age of twenty one years (which shall last happen) be admitted as a partner in the said business so carried on by me in Copartnership as aforesaid so as to take (and when both are admitted in equal shares one equal half part of the net profits of the said business and on such son or sons (as the case may be) being so admitted as a partner or partners into the said business I hereby direct that he or they and the survivor of them shall pay to my said dear wife during her life for her absolute use the sum of Five hundred pounds per annum by equal quarterly payments the first of such payments to be made at the end of three calendar months next after my decease or after the admission of such son or sons into partnership which shall last happen and in case of such admission as aforesaid I hereby empower my said executors and trustees and the survivors and survivor of them and the executors or administrators of such survivor and the trustees and trustee for the time being of this my will in their his or her uncontrolled discretion to permit the whole or any part of such of my property whether real or personal as at the time of my decease shall be employed or invested in the prosecution of the said business or otherwise form part of the assets of the said Copartnership to continue to be employed or invested in the prosecution of the said business for any period during the said lives of my said dear wife and of the two sons of mine who shall be so admitted as partners as aforesaid and the lives and life of the survivors and survivor of them and also from time to time to lend such other part or parts of my property as the said trustees or trustee for the time being shall in their his or her discretion think expedient to the partners for the time being in the said business for the purpose of being employed or invested therein during the whole or any part of the period aforesaid and I direct that whilst any of my property shall be so employed or invested in the said business such arrangements shall be from time to time made as shall be satisfactory to the said trustees or trustee for the time being for securing to the said trustees or trustee for the time being the payment of the value of such property and interest thereon in the meantime at the rate of five pounds per cent per annum and subject and without prejudice to the trusts powers and discretions aforesaid as to all the Residue of my Real and Personal Estate (except such real and personal estate as may be vested in me upon any trusts or by way of mortgage) I devise and bequeath the same unto and to the use of my said dear wife the said Thomas Gibbins Charles Gillett and Alfred Gillett their heirs executors administrators and assigns respectively upon trust with all convenient speed after my decease and in such manner as the said trustees or the survivors or survivor of them his heirs executors or administrators or their or his assigns (as the case may be) shall think proper to sell call in and convert into money all the said residuary real and personal estate (except ready money) with power to make and execute all such contracts and assurances as shall be proper or effecting such sales and upon further trust with and out of the monies which shall arise to their his or her hands by virtue of the aforesaid residuary devise and bequest and of the trusts relative thereto to pay and discharge all my just debts funeral and testamentary expenses and the pecuniary lagacies given by this my will or to be given by any Codicil or Codicils thereto and to invest the residue of the said monies in their his or her names or name in the Parliamentary Stocks or Public Funds of Great Britain or at interest on Government or real securities in England or Wales (but not in Ireland) or in or upon the bonds or shares of any canal railway or other public Company incorporated by act of parliament with power from time to time in the discretion of the said trustees or trustee for the time being to vary and transpose the said stocks funds and securities for or into any other of the said stocks funds and securities provided always that notwithstanding the trusts hereinbefore contained it shall be lawful for the said trustees or trustee for the time being to postpone the sale calling in and conversion of all or any part of the said residuary real and personal estate for such period as they or she shall in their his or her discretion think fit and that my said dear wife may in her uncontrolled discretion by any appointment to be made by her as hereinafter is mentioned direct that the whole or any part of the property comprised in such appointment shall be enjoyed freed and absolutely discharged from the aforesaid trusts for the sale and conversion thereof And I declare that in the meantime and until the freehold copyhold or leasehold hereditaments comprised therein shall be actually sold and disposed of under the trusts aforesaid the said trustees and trustee for the time being shall stand seized thereof upon trust to maintain and keep the same in good and sufficient repair and insured against loss or damage by fire and from time to time to permit my said dear wife with her family and servants to occupy such of my messuages and hereditaments as she may desire so to occupy rent free during her life and upon further trust from time to time in the discretion of the said trustees and trustee for the time being to let such of the siad freehold copyhold or leasehold hereditaments as shall not for the time being be so occupied by my said dear wife or any part or parts thereof to any person or persons for any term of years not exceeding twenty one years Provided also that it shall be lawful for the persons or person for the time being acting in the execution of this my will to pay or satisfy any debts owing by me or claimed from me upon any evidence which they may think proper and to compound or release any debts owing to me and to give such time and accept such security for payment thereof respectively as they he or she may think fit and subject to the trusts powers and declarations aforesaid the said trustees and trustee for the time being shall pay the annual product of the said residuary real and personal estate stocks funds and securities unto or for the benefit of my said dear wife or permit her to receive the same during her life she thereout maintaining and educating such of my dear children as either shall for the time being be under the age of twenty one years or shall for the time being be living with her but without being in any manner liable to account in respect thereof and after her decease the said residuary real and personal estate trust monies stocks funds and securities and the annual product thereof shall be In trust for all and every or such one or more exclusively of the other or others of my children and issue with such provisions for their respective maintenance education and advancement and at such age day or time or respective ages days or times and in such shares (if more than one) and with such restrictions and in such manner as she my said dear wife by any deed or deeds with or without power of revocation and new appointment to be by her sealed and delivered in the presence of and attested by two witnesses or by her will or any Codicil or Codicils thereto shall from time to time appoint without transgressing the rules of Law againts perpetuities and in default of such appointment and subject thereto In trust for all and every my said children who being sons have already attained or shall hereafter attain the age of twenty one years and being daughters have already attained or shall hereafter attain that age or marry under that age with the written consent of her or their parent or parents guardian or guardians for the time being in equal shares for their respective absolute benefit but so as that no child who or whose issue shall take any part of the said residuary real and personal estate trust monies stocks funds and securities under any appointment to be made thereof by my said dear dear wife shall take any share of the unappointed part thereof without the part so appointed to him or her or to his or her issue being brought or considered as brought into ho??pof and accounted for accordingly unless my said dear wife by any deed so executed and attested as aforesaid or by her will or any Codicil or Codicils thereto shall direct the contrary and during such time or respective times as any one or more of my children shall being a son or sons be respectively under the age of twenty one years and being a daughter or daughters be respectively under that age and unmarried the said trustees or trustee for the time being (but subject and without prejudice to the interests therein of my said dear wife during her life) shall receive the annual product of the residuary real and personal estate trust moneys stocks funds and securities or part or parts to whichsuch child or children shall be for the time being respectively defeasibly or in expectancy entitled under the trusts aforesaid and shall apply the same or a competent part thereof for or towards his her or their maintenance and education respectively Yet so that no one such child have for or towards his or her maintenance and education the benefit of any of the annual produce arising from any of the premises to which he or she shall not then for the time being be so entitled as aforesaid and shall accumulate the surplus of such annual produce at compound interest in the names or name of the said trustees or trustee for the time being in any of the said stocks funds and securities in or upon which investments are hereinbefore authorized to be made with power from time to time to vary and transpose the accumulations for the time being made for or into any other of the aforesaid stocks funds and securities at their or his discretion and the accumulations which shall be so made and the stocks funds and securities thereof shall be held upon such trusts and with and under such powers provisoes and declarations as in this my will are declared and contained concerning the fund or respective funds from the annual product of which the same shall have respectively proceeded or as near thereto as circumstances will permit Yet so that it shall be lawful for the said trustees or trustee for the time being to apply the surplus which shall have so arisen in any preceding year or years and the accumulations thereof for or towards the maintenance and education in any succeeding year or years of the child or respective children (as the case may be) for the time being entitled to such surplus and accumulations respectively in expectancy and while all or any one or more of my children for the time being entitled by virtue of this my will either absolutely defeasibly or in e xpectancy or otherwise to the said residuary real and personal estate trust moneys stocks funds and securities or any part or parts thereof respectively shall being a son or sons be respectively under the age of twenty one years and being a daughter or daughters be respectively under that age and unmarried I empower the said trustees or trustee for the time being at any time or times to apply so much as they he or she shall think proper of the portion or at respective portions to which any child or children so respectively under the age of twenty one years or so respectively under the age of twenty one years and unmarried shall be so for the time being respectively entitled as aforesaid in the said residuary real and personal estate trust moneys stocks funds and securities for or towards his her or their respective advancement or preferment And I declare that the receipts in writing of the said trustees or trustee for the time being acting in the execution of the trusts hereby created for any money payable to them or him by virtue of this my will shall be good and sufficient discharges for the same and that the persons to whom such receipts shall be respectively given shall not be answerable or accountable for the loss misapplication or nonapplication or be in any wise bound tosee to the application of the money in such receipts respectively acknowledge so to be received or to enquire into or be affected by express or implied notice as to the necessity or propriety or otherwise of any sale or other disposition whatever made or professed to be made by virtue of this my will and when and so often as any of the trustees hereby appointed or to be appointed under this power shall die or go to reside beyond the seas or desire to be discharged from or refuse or decline or become incapable to act in the trusts hereby in them respectively reposed before the same shall be fully executed I empower my said dear wife during her life and after her decease for the then surviving or continuing trusteee or trustees or the executors or administrators of the last surviving or continuing trustee or if there shall be no such surviving or continuing trustee the person so going to reside beyond the seas or desiring to be discharged or refusing or declining as aforesaid his executors or administrators by any deed or deeds to be by her them or him sealed and delivered in the presence of and attested by two witnesses to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or going to reside beyond the seas or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and upon every such appointment as aforesaid the said trust estates moneys and premises or such of the same respectively as shall then be subject to the trusts aforesaid shall be thereupon with all convenient speed legally and effectually vested by such assurances or other acts as the circumstances of the case may require in such new trustee or trustees either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require upon and for the trusts intents and purposes herein declared and contained of and containing the said trust estates moneys and premises or such of the said trusts intents and purposes as shall be then subsisting undetermined and capable of taking effect and every such new trustee shall have all the powers and authoritiesof the trustee in whose ????? he shall be substituted and I declare that the said trustees hereby appointed and to be appointed as aforesaid and each and every of them shall be chargeable for such moneys only as they respectively shall actually receive by virtue of the trusts hereby in them reposed although they or any of them may give or sign or join in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable for the other or others of them or for any money paid over by one to another of them or for any banker broker or other person with whom any part of the trust property may be deposited or lodged nor for involuntary losses and also that it shall be lawful for them outof the monies which shall come to their respective hands by virtue of the trusts aforesaid to reimburse themselves respectively and also to allow to their respective cotrustee or cotrustees all costs charges damages and expenses which they or any of them may pay or sustain in or about the execution of the aforesaid trusts or any of them or in relation theretoand also either before or after the appointment of any new trustee or trustees as aforesaid to settle adjust and allow the accounts of any trustee or trustees who shall die or go to reside beyond the seas or desire to be discharged from or refuse or decline or become incapable to act in the said trusts or any of them In witness whereof I the said Joseph Ashby Gillett have to each sheet of this my last will and testament contained in five sheets of paper set my hand this seventeenth day of the month called April in the year of our Lord one thousand eight hundred and fifty two __ Joseph A Gillett __ Signed and declared by the said Joseph Ashby Gillett the testator as and for his last will and testament in the presence of us present at the same time in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses the words "for any" having been erased on the first page in the twelfth line from the bottom and the words "or otherwise form part of the assets of the said Copartnership to continue to be employed or invested in the prosecution of the said business for any" between the twelfth and eleventh lines from the bottom of the first page and the words "for securing to the said trustees or trustee for the time being" in the third line from the bottom of the same page having been previously interlined ___ Trm Sutton Owen Hatter Banbury ___ Henry Thorp Brazier Banbury Proved at London 25th Augt 1853 before the Worshipful Thomas Spinks Doctor of Laws and Surrogate by Charles Gillett the son one of the executors to whom admon was granted he having first made a solemn and sincere declaration or affirmation according to act of Parliament duly to administer power resolved of making the life grant to Martha Gillett Widow the Relict Thomas Gibbins and Alfred Gillett the son also the other executors when they shall apply for the same.