Will of Robert Nurse of Hanham, 5 Sep 1870

This is the Last Will and Testament of me Robert Nurse of the Parish of St. George in the County of Gloucester, Licensed Victualler and Maltster.

First I direct my Executors to pay my just debts, funeral and testamentary expenses, as soon as conveniently may be after my decease.

I give unto my son Robert Francis Nurse my bookcase and books for his own use.

I give unto my son William Richmond Nurse my pianoforte for his own use.

I direct my Executors to allow my dear wife Ann Nurse to occupy and enjoy all the residue of my household furniture, plate, linen, china, pictures and other household effects which she may select for her natural life, without impeachment of or for any manner of waste and after her decease to divide what shall remain of the same between my then surviving children as my Executors shall appoint.

And whereas I carry on the business of a Maltster in copartnership with my brother Samuel Nurse and I am desirous that the same business shall be disposed of after my decease as hereinafter mentioned.

Now therefore, I give my share of the said Malting business and all my interest therein and the share of all monies and debts, which shall belong and be owing to me on account of the said business unto my friend William Tilly of the City of Bristol, Wine Merchant and my nephew Robert Willis Nurse of Longwell Green, Accountant, their executors, administrators and assigns upon trust that they, the said Trustees or the Trustees or Trustee for the time being shall carry on or permit my said wife to carry on the said business in conjunction with my said brother Samuel Nurse until my son Robert Francis Nurse shall attain the age of twenty one years. And upon his attaining that age I direct my said Trustees or the Trustees or Trustee for the time being to offer to sell to my said son Robert Francis Nurse or in case of his previous death or refusal then to carry on the said business until my other son William Richmond Nurse shall attain the age of twenty one years and then to offer the same in turn in manner aforesaid for such price or prices as my Trustees or Trustee for the time being shall think fair and reasonable according to a valuation to be made thereof by some competent party or parties to be appointed by the said Trustees, provided nevertheless that my said Sons as the case may be shall not in such case be required to pay any consideration for the goodwill of the said business.

And in case of refusal of my said sons to purchase the same when offered for sale, then I declare that the said business shall be disposed of as directed respecting the residue of my Estate provide always that if my said first or second son should purchase the said business it shall be lawful for the Trustees or Trustee for the time being to accept as a security for the payment of the price or of so much thereof as shall not be paid down with interest for the same after the rate of five pounds for one hundred by the year such real or personal security as to my said Trustees or Trustee shall seem reasonable.

And I declare that the net monies to arise from the sale thereof shall be applied as hereinafter directed respecting the residue of my Estate.

And as to the residue of my real and personal estate over which I may have disposing power at the time of my decease, I give and devise the same unto the said William Tilly and Robert Willis Nurse, their heirs, executors, administrators and assigns according to the nature thereof respectively upon trust to convert my personal estate into money in such manner as my Trustees shall deem expedient and to invest the monies arising therefrom on real or government securities and then to receive the rents, interest and annual income of my said real and personal estate and to pay my said dear wife thereout an annual or yearly sum of twenty five pounds to be payable quarterly until my eldest surviving child shall attain the age of twenty one years for her own use and also to pay the residue of such rents, interest and income to my said dear wife to be by her applied in maintaining, educating and bringing up all my children until the eldest attains the age of twenty one years.

And upon that event I direct my Trustees or Trustee for the time being to sell dispose of and convert into money all my residuary real and personal estate and as to the monies to arise from such sale in the first place to raise the sum of five hundred pounds and invest the same on real or government securities and to pay the interest and annual income thereof to my said wife for her life and as to the residue of the said trust monies to divide the same into and equally between all and every my children by my said wife, Ann Nurse, as and when they respectively attain the age of twenty one years and in the meantime to invest the same on real and government securities until they severally attain the said age and pay and apply the income thereof for their maintenance and education in manner aforesaid.

And as to the said sum of five hundred pounds after my said wife decease to divide the same into and equally between my said children as hereintofore directed respecting the residue of my Estate.

I declare that the share or shares of my daughter or daughters who shall be at any time under coverture shall be held, enjoyed and disposed of by them for their sole and separate use and benefit and the receipt or receipts of such daughter or daughters shall be sufficient discharge for any money payable to them by virtue of my will.

I declare that the receipts of the Trustee or Trustees for the time being of my will for any money or effects to be paid to be delivered to them or him by virtue of my Will shall effectually discharge purchasers and other paying or delivering the same from all liability to see to the application thereof and I exempt every Trustee of my Will for liability for losses occurring without his own willful default and authorize him to retain and allow to his coTrustee or Trustees all expenses incidental to the Trusteeship.

And I declare that upon the death, refusal, unfitness or incapacity of the said Trustees or any of them or of any Trustees or Trustee to be appointed under this clause it shall be lawful for then capable Trustees if any whether refusing further to act or not and if none for the Executors and Administrators or any or either of them of the last deceased Trustee to nominate any fit person or persons to supply the place of the deceased refusing, unfit or incapacitated Trustee or Trustees.

And I declare that the previous clause so far as they concern my Trustees hereintofore named shall extend and apply to the Trustees and Trustee for the time being of my Will.

I devise all Trust Estates vested in me to my said Trustees, their heirs and assigns subject to the equities respectively affecting the same and I appoint the said William Tilly and Robert Willis Nurse Executors of this my Will and I revoke all former Wills declaring this to be my last Will and Testament.

In witness thereof I the said Robert Nurse have to this my Will set my hand this fifth day of September, one thousand eight hundred and seventy.

Robert Nurse

Signed and declared by the said Testator in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses the words written in the forty first and forty second lines of the first page of the foregoing will commencing with “receive” and ending with “Estate” haveing been first struck out.

William H Sage, St. Michael’s Vicarage
Henry Batten

Codacil of Robert Nurse of Hanham, 26 Feb 1871

This is a Codicil to the last Will and Testament of me, Robert Nurse.

Whereas in my Will dated the fifth day of September one thousand eight hundred and seventy, I have appointed William Tilly and Robert Willis Nurse as Executors and Trustees thereof I am desirous of revoking such appointment so far as affects the said William Tilly.

Now, therefore, I hereby revoke such appointment so far as concerns the said William Tilly and appoint my wife Ann Nurse jointly with the said Robert Willis Nurse, Executors and Trustees of my said Will and direct my said Will to be read as if the name of Ann Nurse had been inserted throughout instead of the name William Tilly and in all other respects to confirm my said Will.

In witness thereof I the said Robert Nurse have to this codicil set my hand this twenty sixth day of February, one thousand eight hundred and seventy one.

The Mark of X Robert Nurse

Signed and declared by the said Testator, Robert Nurse as and for a Codacil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, the above codacil having been first carefully explained to him.

Silas Nurse
Samuel Nurse

Proved at Bristol with a codacil the third day of June 1871 by the oaths of Robert Willis Nurse (nephew of the deceased) the Executor named in the Will and Ann Nurse, widow, the relict of the deceased, the Executor named in the said Codacil to whom administration was granted.

The Testator, Robert Nurse was late of the Rose and Crown Inn in the Parish of St. George in the County of Gloucester, Licensed Victualler and Maltster, and died on the sixth day of March 1871 at the Rose and Crown Inn aforesaid.

Under £1000