This is the last Will and Testament of me John Hewer late of Emsworth in the County of Southampton but now residing at Chobham in the County of Surrey Clerk whereof I appoint my son Joseph Hewer of Chobham aforesaid Surgeon and Richard John Cole of Chertsey in the County of Surrey aforesaid Caulkman Executors I give and bequeath unto my son Joseph Hewer the legacy or sum of one hundred and twenty pounds sterling and also my horse and chaise and harness furniture books plate clothes linen china and jewellery to and for his own use and benefit absolutely I having given to my son Thomas Jacob Hewer various sums of money at different times which I consider equivalent thereto And as to all the rest and residue of my worldly estate being all personal I give and bequeath the same (after payment of my funeral and testamentary expenses and the expence of proving this my Will and all my just debts) as after mentioned (namely) I give and bequeath unto my son Joseph Hewer two fourth parts thereof to and for his own use and benefit absolutely And I give and bequeath unto my son Thomas Jacob Hewer one fourth part thereof to and for his own use and benefit absolutely I give and bequeath unto my son Joseph Hewer and the said Richard John Cole and the survivor of them and the executors and administrators of such survivor the remaining one fourth part thereof Upon trust to pay the dividends interest and annual income arising therefrom to my son Thomas Jacob Hewer for his own use and benefit during the term of his natural life and after his decease to pay and apply the said annual income towards the maintenance and bringing up of all the children of the said Thomas Jacob Hewer until his youngest or only child shall attain the age of twenty one years and my said son Thomas Jacob Hewer being dead to pay the whole of the said principal money in equal proportions amongst all the children of the said Thomas Jacob Hewer or if but one then to such only child And my will is that if any of the children of my said son Thomas Jacob Hewer shall die before receiving his or her share of the said trust moneys leaving lawful issue such child or children to take the part or share to which his her or their deceased parent would have been entitled (if living) And I hereby empower my trustees from time to time to invest such trust property in the public funds of Great Britain or on real security and to alter and vary the same when and in such manner as they shall think fit And notwithstanding the trusts aforesaid I hereby empower my said trustees at any time or times at the request in writing of my said son Thomas Jacob Hewer to absolutely pay to him a part or the whole of the principal of such trust property if my said trustees shall think that the same may be for the benefit and advancement in the world of my said son Thomas Jacob Hewer And I hereby declare that the receipts of the said Thomas Jacob Hewer shall be sufficient discharge to my said trustees for the payment of such sum or sums of money And I give devise and bequeath unto my said son Joseph Hewer his heirs and assigns all messuages lands tenements and hereditaments vested in me as trustee or mortgagee in fee To hold the same unto and to the use of my said son Joseph Hewer his heirs and assigns upon and subject to the several trusts and equities affecting the same hereditaments respectively Provided always and I do hereby declare and direct that if either of my trustees herein named or any succeeding or other trustee or trustees to be appointed as after mentioned shall die or desire to be discharged from or refuse or become incapable to act in the said trusts before the same trusts shall have been performed it shall be lawful for the trustee for the time being his executors or administrators to appoint a new trustee or trustees in his or their stead and the said trust estates funds monies and premises shall be conveyed transferred and assigned so as to vest in such new trustee or trustees jointly with the former trustee or trustees or solely as the case may require upon the subsisting trusts of this my will And I declare that and direct that every receipt which shall be given by the trustees or trustee for the time being acting in the execution of the trusts of this my will for any money to be received by them or him pursuant to the same trusts shall be a legal and conclusive discharge to the person or persons paying the same and fully and for ever release and exonerate such person or persons from all obligation of seeing to the application thereof and from all liability by reason of the misapplication or nonapplication thereof Provided also and I do declare that my said trustees and executors their heirs executors and administrators shall not be answerable for any more monies than shall actually be received by them by virtue of this my will and that each of them shall be answerable only for his own respective act deeds and defaults and not for any involuntary loss and that out of the trust monies which shall come to their respective hands they may severally reimburse themselves all costs and expences incurred by them relating to the trusts hereby in them reposed And hereby revoking all former Wills I do declare this to be my last Will and testament In Witness whereof I the said John Hewer the testator have to this my last will and testament set my hand this fifteenth day of January one thousand eight hundred and forty five Mark X of John Hewer Signed and declared by the said John Hewer the testator as and for his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have subscribed our names as Witnesses Samuel Mumford Chobham Gent _ B Hartland Chobham Surgeon Proved at London 7th March 1845 before the Worshipful Frederick Thomas Pratt Doctor of Laws and Surrogate by the Oaths of Joseph Hewer Esquire the son and Richard John Cole Esquire the Executors to whom admon was granted having been first sworn duly to administer. PCC Prob11/2014