This is the last Will and Testament of me Hosea Waterer of Horsell in the County of Surrey Nurseryman I appoint Robert Donald of Goldworth in the parish of Woking in the said County of Surrey Nurseryman and Robert Waterer of Chertsey in the said County Upholsterer Trustees and Executors of this my will I bequeath unto my Brother William Waterer during his life the sum of one pound sterling per week the first week in payment thereof to be made at the end of one week next after my decease and in case his present Wife shall survive him I bequeath to her during her life the sum of twelve shillings a week whether my said Brother shall survive me or otherwise to commence within one week after my own or my Brothers death And immediately on the decease of the survivor of them my said Brother William Waterer and his said Wife I bequeath the sum of one thousand five hundred pounds sterling unto all and every the children or child of my said Brother William Waterer and who shall be then living and the issue of such of them as shall be then dead leaving lawful issue in equal shares as tenants in common if more than one and if there shall be but one such child or issue of but one such child then to such one child or his or her issue absolutely but nevertheless the issue of any deceased child to take no more than his her or their parent would have taken if living and the same to be equally divided between such issue if more than one And I bequeath unto my Sister Elizabeth Godfrey Widow during her life the sum of twelve shillings per week the first weekly payment thereof to be made at the end of one week next after my decease And immediately on the death of the said Elizabeth Godfrey I bequeath the sum of one thousand two hundred pounds sterling unto all and every the children or child of the said Elizabeth Godfrey (except her son Robert Godfrey who is hereinafter otherwise provided for) who shall be then living and the issue of such of them as shall be then dead leaving lawful issue in equal shares as tenants in common if more than one and if there shall be but one such child or issue of but one such child then to such one child or his or her issue absolutely but nevertheless the issue of any deceased child to take no more than his her or their parent would have taken if living and the same to be equally divided between such issue if more than one And I bequeath unto my Nephew Henry Lee during his life the sum of five shillings per week the first weekly payment thereof to be made at the end of one week next after my decease And I bequeath unto my Brother James Waterer the sum of one thousand two hundred pounds sterling And I direct one moiety thereof to be paid within six calendar months next after my decease and the remainder within two years next after my decease but in case my said Brother James Waterer shall die in my lifetime Then I bequeath the said sum of one thousand two hundred pounds unto all and every the children or child of my said Brother James Waterer (except his son Anthony Waterer who is hereinafter otherwise provided for) who shall be living at my decease and the issue of such of them as shall be then dead leaving lawful issue in equal shares as tenants in common if more than one and if there shall be but one such child or issue of but one such child then to such one child or his or her issue absolutely but nevertheless the issue of any deceased child to take no more than his her or their parent would have taken if living and the same to be equally divided between such issue if more than one Also I bequeath unto my Nephew John Lee the sum of two hundred and forty pounds sterling and unto my niece Sarah the Wife of William Goldsborough (late Sarah Lee) the sum two hundred and forty pounds sterling And I direct the said two last mentioned legacies to be paid within twelve months next after my decease Also I bequeath unto my Nephew James Humfrey the sum of two hundred pounds sterling And I direct the same to be paid to him at the end of eighteen calendar months next after my decease with interest thereon from my decease at the rate of four pounds per cent per annum and I devise and bequeath all that my Cottage or tenement with the land and premises belonging thereto situate in the parish of Woking in the said County of Surrey and late the property of John Crutchfield with the appurtenances unto and to the use of my said Nephew John Lee his heirs executors administrators and assigns absolutely Also I devise and bequeath all that my Cottage or tenement with the land and premises belonging thereto called White Galloway situate in the said Parish of Horsell and now or late in the occupation of Henry Daborn or his undertenants with the appurtenances unto and to the use of my Nephew Michael Waterer (son of my said Brother William Waterer) his heirs executors administrators and assigns absolutely Also I devise and bequeath all that my Cottage or tenement with the land and premises belonging thereto situate at Little Wick in Horsell aforesaid and now or late in the occupation of William Simmonds or his undertenants with the appurtenances unto and to the use of my Nephew Thomas Waterer (another son of my said Brother William Waterer) his heirs executors administrators and assigns absolutely Also I devise and bequeath all that my Cottage or tenement with the land and premises belonging thereto situate at Little Wick aforesaid and now or late in the occupation of William Harding or his undertenants (subject to the life estate therein of Mrs Sarah Bedford) with the appurtenances unto and to the use of my Nephew James Waterer (another son of my said Brother William Waterer) his heirs executors administrators and assigns absolutely Also I devise and bequeath all my estate right and interest in all that cottage or tenement with the buildings garden and premises belonging thereto situate at l Little Wick aforesaid and now in the occupation of my said Sister Elizabeth Godfrey or her undertenants with the appurtenances unto and to the use of the said Sister Elizabeth her heirs executors administrators and assigns absolutely And I bequeath unto the said Robert Donal the Legacy or sum of twenty five pounds and to William oB [sic] Mr Pherson now in my Service the legacy or sum of fifty five pounds which two several legacies I direct to be paid within six months after my decease And I bequeath to the said Robert Donald and Robert Waterer their executors administrators and assigns the sum of three thousand two hundred and seventy pounds consolidated three pounds per cent annuities now standing in the joint names of myself and my late Wife Martha Waterer deceased in the Books of the Governor and Company of the Bank of England and also all and every other or and sums (if any) of like annuities which shall at my decease be standing either in the joint names of myself and my said Wife or in my own name only To hold the same unto the said Robert Donald and Robert Waterer their executors administrators and assigns And I direct the said Robert Donald and Robert Waterer and the survivor of them his executors administrators and assigns to stand and be possessed of all the aforesaid trust funds and premises and the dividends and yearly income thereof In trust for Mary Lee James Lee Martha Lee George Lee and Sarah Lee (sons and daughters of my said Nephew John Lee) and my said Nephew Thomas Waterer and his two children George Waterer and Elizabeth Jessie Waterer and Ann Waterer Anthony Waterer and Hosea Waterer (children of my Nephew Anthony Waterer) and Jane Godfrey and George Godfrey (daughter and son of my Nephew George Godfrey and now living with him) or such of the said several persons as shall be living at my decease and as have now attained or shall live to attain the age of twenty one years equally to be divided amongst them as tenants in common And I direct that the yearly income of the presumptive share or shares of any minor or minors in the said trust premises shall be paid by my said Trustees or Trustee to the Father of maintenance and education to be by him applied for the maintenance and education of such minor or minors during his her or their minority at their or his discretion And I declare that it shall be lawful for my said Trustees or Trustee to pay and apply any part not exceeding one half of the principal of the presumptive share or shares of any minor or minors in the said trust premises for or towards the advancement or preferment of any such minor or minors or otherwise for his her or their benefit as my said trustees or trustee in their or his discretion shall think fit and subject to the several legacies and bequests hereinbefore bequeathed and made and also subject to the payment of an annuity of seventy pounds to the said Sarah Bedford for her life and which is payable to her under and by virtue of the Will of my late Brother Michael Waterer deceased and also subject to any mortgage or mortgages on my real estate or any part thereof I devise and bequeath unto my Nephews the said Anthony Waterer son of my said Brother James Waterer and the said Robert Godfrey son of my said Sister Elizabeth Godfrey all the residue of my messuages lands tenements hereditaments and real estate whatsoever And also all the Residue of my goods chattels rights credits monies stock in trade book debts and Personal Estate and Effects whatsoever and wheresoever To hold the same subject as aforesaid and according to the nature and tenure thereof respectively unto my said Nephews Anthony Waterer and Robert Godfrey as tenants in common and their respective Heirs executors administrators and assigns absolutely and for ever And I hereby direct that my said Nephews Anthony Waterer and Robert Godfrey shall on request of the respective parties give to my said Brother William Waterer (or in case of his death to his said Wife) my said Sister Elizabeth Godfrey and my said Nephew Henry Lee respectively or to a trustee or trustees to be named by the said respective parties their joint and several bonds in sufficient penalties for securing the payment of the several yearly and weekly sums hereinbefore bequeathed to the said William Waterer and his wife Elizabeth Godfrey and Henry Lee respectively and also for securing the said sums of one thousand five hundred pounds and one thousand two hundred pounds hereinbefore bequeathed to the children or other issue of my said brother William Waterer and Sister Elizabeth Godfrey respectively as aforesaid And I declare that if any or either of them the said William Waterer and his wife Elizabeth Godfrey and Henry Lee respectively shall assign or otherwise charge or attempt to charge the yearly or weekly sums hereinbefore bequeathed provided for him or her respectively that then the payment of such yearly or weekly sum respectively shall cease as if he or she were dead and Lastly I revoke all former wills and I declare that the Trustees and Executors or Trustee and Executor of this my Will shall be chargeable only with such moneys as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor otherwise for involuntary losses and that the said Trustees and Executors or Trustee and Executor may reimburse themselves or himself out of the monies which shall come to their or his hand under this my Will all expences to be incurred in or about the execution of this my will In Witness whereof I the said Hosea Waterer the Testator have to this my last Will and Testament contained in this and four preceding sheets of paper set my hand this eighteenth day of May one thousand eight hundred and fifty three Hosea Waterer Signed declared and acknowledged by the said Hosea Waterer the Testator as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses attesting the same _ Benjamin Underwood Servant to Mr. H.y Marshall _ H.y Marshall Godalming Surrey Solicitor. Proved at London 12th July 1853 before the Worshipful Samuel Jewkes Wainbey Doctor of Laws and Surrogate by the Oaths of Robert Donald and Robert Waterer the Nephew the Executors to whom Admon was granted having been first sworn duly to administer. PCC Prob11/2176