The Will of George Herniman, 1837
Who died 11 February 1842 in Taunton [see
report in The Taunton Courier, Wednesday 16 February 1842]
[Kindly transcribed and supplied by Linda Payne, White Rock, British Columbia, Canada][see ORIGINAL text] This is the last Will and Testament of me George Herniman of Taunton in the County of Somerset Builder. I give and bequeath unto my dear Wife Mary Herniman the sum of Twenty pounds to be paid to her immediately after my decease I give and bequeath unto my father Robert Herniman seven shillings a week to be paid to him weekly out of my personal Estate during his natural life and I request my Executors to pay the sum of one shilling a week to the person in whose care my father shall from time to time be placed by them as a compensation for such persons care and attendance such payment of the weekly sum of one shilling to be discontinued on the death of my father
I give unto my sister Sarah Berryman Twenty pounds unto my sister Ursula Butland fifty pounds. Unto my brother John Herniman fifty pounds. Unto my brother William I give the debt which he owes me and [see ORIGINAL text] the sum of ten pounds unto my Brother Jonathan the sum of Ten pounds. Unto my Brother James ten pounds Unto my sister Ann Woodforde or in the event of her death in my lifetime then unto her child by her first Husband Samuel Weaver) Ten pounds unto my Brother Robert the sum of one hundred pounds out of the sum that now stands indebted to me but in case it shall have paid out the said debt in my lifetime such one hundred pounds is not to be paid to him I also give him my said said Brother Robert the sum of Ten pounds.
All the above Legacies to my Brothers and Sisters to be paid free from legacy duty in equal third parts namely one third at the expiration of twelve months after my decease another third at the expiration of two years and the remaining third at the expiration of three years after my decease but no interest is to be payable on the said Legacies.
I give and bequeath unto my said wife Mary Herniman all and singular my household goods and furniture plate and books to be enjoyed by her for her life and I request her to divide the same amongst all my children, Except my said son Robert Herniman, in such shares as she may think fit. All that messuage or dwellinghouse in which I now reside, with the Office timber yard garden workshops and premises thereto belonging situate in East Reach in Taunton aforesaid and the messuage or dwelling house (adjoining the last ____ious dwelling house) and also facing the public Street called East Reach, and also all those lane tenements situate between the Seven Stars Inn and the Rising Sun Inn in East Reach aforesaid and now in the occupations of Mr. Broomsgrowe(?) and others all which premises are also Copyhold of inheritance parcel of the Manor of Taunton Deane and also All that dwelling house situate in East Reach aforesaid facing the public Street with the two tenements behind the same and the plot or piece of land thereto adjoining which last mentioned dwelling house tenements and premises are also copyhold of inheritance parcel of the Manor of Taunton Deane and were purchased by me of Mr. William Chorley and all erections and buildings thereof I give and devise unto and to the use of my oldest son Robert Herniman his heirs and assigns for ever subject nonetheless to the occupation and enjoyment by my said Wife Mary Herniman during her natural life of that messuage or dwelling-house lately occupied by Mr. Wood with the Offices thereto attached and to the use of that half of the garden belonging to the said premises nearest adjoining the said dwelling-house with liberty for her to pass and repass through the said timber yard at her will and pleasure provided always and I hereby charge and make liable all and singular the said hereditaments and premises to and with the payment unto my said wife during her natural life is she shall so long continue my widow and not intermarry with any other man of the yearly sum of sixty pounds in lieu and satisfaction of all dower and thirds which she might otherwise claim in or to all or any of my lands or hereditaments the said sum of sixty pounds to be paid to my said wife quarterly by equal quarterly payments on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in every year without any deduction whatsoever on account of any present or future taxes or impositions the first payment to be made on such of the said days of payment as shall happen next after my decease and in case the said yearly rent charge of sixty pounds or any part thereof shall be unpaid for the space of twenty one days next after any or either of the days hereinbefore appointted for the payment thereof then and so often as the same shall happen it shall be lawful for my said wife and her assigns to enter into and distrain upon the said hereditaments charged with the payment thereof and to dispose of the distress and distresses then and there [see ORIGINAL text] found according to law to the intent that by witness(?) thereof the said yearly rent charge and every part thereof so in arrear and all costs and expenses occasioned by the nonpayment thereof shall be fully paid provided always and my will is that in case my said Wife shall marry after my decease then the rent charge hereinbefore bequeathed to her shall be reduced to the annual sum of Thirty pounds instead of the said sum of sixty pounds and such reduced rent charge shall be paid and payable in like manner and with the like powers and remedies for recovering the same in every respect as are hereinbefore given for securing the better payment of the said rent charge of sixty pounds
I give and devise unto William Webber of Taunton aforesaid Builder and my son the said Robert Herniman their heirs and assigns All those sixteen newly built tenements with the garden plots and premises thereunto belonging together with the four new houses fronting the public Street with the Courts and Offices thereto and also an old house also fronting the public Street and which old house is intended to be converted into two row houses all with premises are situate in East Reach in Taunton aforesaid and are now by the name of Late Purseys To hold the same unto the said William Webber and Robert Herniman their heirs and assigns Upon the Trusts following that is to say As to the Old House fronting the public Street in East Street aforesaid and which Old House I intend and will shall be taken down and two row houses built on the Site thereof either by myself or in the event of my decease before the same are completed by my Executors at the cost of my personal estate and also, as to the five tenements situate behind the last mentioned house with the strip of land and premises thereto adjoining and belonging and which premises immediately adjoin the Hospital in Taunton aforesaid. Upon Trust to receive the rents and profits thereof and pay the same to my Daughter Mary Emily Rosetta Herniman for her natural life for her separate use free from the debts or controul of any husband or husbands with whom she may from time to time intermarry and so that she my said daughter shall have no power to alien or anticipate the growing payments thereof and after the decease of my said daughter Mary Emily Rosetta then my will is that my said Trustees and the survivor of them his heirs and assigns shall stand seized of the hereditaments in which my said Daughter has a separate life interest as aforesaid. Upon Trust for the Child (if only one) and for all and every or such one or more in exclusion of the other or others if more than one of the children of my said daughter or the issue of such child or children such issue being born in the life time of my said daughter for such estates and interests and in such parts shares and proportion with such provisions for maintenance and in such manner in all respects as my said Daughter whether covert or sole shall by her last will and Testament in writing or by any writing in the nature thereof to be signed by her in the presence of one or more credible witness or witnesses direct or appoint and in default of such direction or appointment In trust for all and every the child and children of my said Daughter Mary Emily Rosetta who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry equally to be divided between and amongst them if more than one and their heirs and assigns for ever as tenants in common And as to a further part of the hereditaments late Purseys consisting of the two front houses next adjoining to the hereditaments so devised in trust for my said daughter Mary Emily Rosetta and her issue in marriage aforesaid with the pump house and Ash pit and the Painters Shop and [see ORIGINAL text] five tenements and offices situate behind the said last mentioned front houses and the strip of garden ground now occupied by the tenants of such five last mentioned tenements and also the right of way through the passage between the two dwelling houses next hereinafter devised Upon Trust that they my said Trustees their heirs and assigns shall stand seized thereof for the benefit of my Daughter Charlotte Herniman and her children and issue for such estate and estates and in the like manner and form in every respect and to all intents and purposes whatsoever and with the like powers res__tious and trusts (in default of appointment as are hereinbefore contained with respect to the property hereinbefore devised in trust for my said daughter Mary Emily Rosetta and her children and issue.
And as to the remaining part of the hereditaments called late Purseys consisting of two front houses lying to the East of the property devised for the benefit of my daughter Charlotte and the six tenements and Offices behind the last mentioned front houses and the plot of garden around occupied with the said tenements (but not the use of the pump house or Ash pit devised in trust for my said daughter Charlotte in mannor aforesaid it being my intention that that property shall be enjoyed as distinct from this as may be and Except a right of way through the passage between the two front dwelling houses and which is to be enjoyed by the owner of the adjoining property. Upon Trust that they my said Trustees their heirs and assigns shall stand seized thereof for the benefit of my son Alfred Herniman and his children and issue for such estate and estates and in the like manner and form in every respect and with the like powers and restrictions (so far as the rules will permit) and trusts in default of appointment as are hereinbefore contained with respect to the property hereinbefore devised in trust for my said Daughter Mary Emily Rosetta and her children and issue
And I also give and devise unto the said William Webber and my said son Robert Herniman their heirs executors administrators and assigns according to the respective tenures thereof All that freehold closeor field of Marshland called the eighteen acres situate near Batts Gow in or near the parish of Huntspill in the County of Somerset and which close or field was devised to me by the Will of my late Uncle William How subject nevertheless to the life estate of Ann the widow of the said William How therein and also all those leasehold tenements and gardens with the premises thereto belonging situate in the parish of West Monkton in the said County which I purchased of the Upham family To hold the said field of Marshland tenements garden and premises unto and To the use of the said William Webber and Robert Herniman their heirs executors administrators and assigns Upon trust to receive the rents and profits thereof and apply the same for the equal benefit of my said daughters Mary Emily Rosetta Charlotte and my son Alfred until the youngest of my said two daughters Mary Emily Rosetta and Charlotte shall have attained the age of twenty one years or have married and immediately upon the happening of such event or in case either of them shall die under twenty one then as soon as the survivor of them shall have attained that age or have married. Upon trust that they my said Trustees and the survivor of them their or his heirs executors administrators or assigns so and shall absolutely sell the said field of marsh land tenements garden and premises either altogether or in parcels and either by public Auction or private contract and convey assign and assure the same unto the purchaser or purchasers thereof his her or their heirs executors administrators and assigns according to the natures of the same respectively and to receive the moneys arising from the sale or sales thereof and to give effectual discharges for the same exonerating the [see ORIGINAL text] purchaser or purchasers from all liability in respect of the application thereof and stand possessed of the moneys deriving from such sales. Upon trust to pay two third parts thereof unto the said Mary Emily Rosetta and Charlotte Herniman in equal shares and proportions my will being that their shares shall be vested interests in them at twenty one or marriage and invest the remaining one third part upon mortgage of real or long leasehold hereditaments or in the funds at interest for the benefit of my son Alfred until he shall attain his age of twenty one years at which age his share shall be a vested interest and in the in_____ apply a competent part of such interest or income for his maintenance and education during his minority and I direct that the unapplied interest or income shall be improved at interest and go in augmentation of the share from which the same shall have arisen and that immediately on my said son attaining twenty one my said Trustees shall pay him his said share and interest with any accumulations therein.
I give and devise the George Inn with the several tenements and premises thereto adjoining situate in Nurtown in the parish of Taunton Saint James in the County of Somerset unto the said William Webber and my son Robert Herniman their heirs and assigns. Upon trust to receive the rents and profits thereof and pay the same unto my son George Herniman for the term of his natural life charged nevertheless as to the George Inn with the payment of seven shillings per week unto my father in law George Harman of Taunton Carrier for his natural life and I give the like power to my said father in law to distrain for the payment of the same from time to time as is hereinbefore given to my wife for the recovery of any arrears of her annuity or rent charge and from and after the decease of my said son George Herniman then my will is that my said Trustees and the survivor of them his heirs and assigns shall stand seized of all the hereditaments hereinbefore devised in trust for my said son George during his life.
Upon the like trusts in every respect and subject to the like powers of a appointment and for the like ends intents and purposes nevertheless for the benefit of the child children or other issue of my said son George as are hereinbefore expressed given limited or declared of and containing that portion of my said hereditaments called Purseys which is devised for the benefit of my daughter Mary Emily Rosetta Herniman and her children and issue provided always and I declare that notwithstanding the trusts above mentioned it shall be lawful for my said trustees and the survivor of them his heirs and their or his assigns at any time after my son George shall have attained the age of twenty one years upon receiving a request in writing from him to that effect to sell and dispose of in like mannor and with the like powers as to parceling out the premises made of selling and giving receipts and discharges to purchasers as is hereinbefore declared respecting the laws at Huntspill and West Monkton the two tenements and their appurtenantes annexed to the George Inn and facing the Kingston Turnpike now in the respective occupations of Ridon and ?ear together with the use of the pump and privy now belonging to the George Inn aforesaid and to pay the purchase money arising therefrom unto my said son George for his own use and benefit.
I give and devise unto my Brother James Herniman his heirs and assigns forever the Cottage and garden now in his occupation situate in or near Somerset Place Taunton and part of certain property which I purchased of Mr. Mott he my said Brother James Herniman his heirs and assigns paying unto my sister Sarah Berryman the sum of forty pounds within twelve months after my decease or four shillings per week to commence from the time of my decease for her life whichever [see ORIGINAL text] my said Brother James shall within six months after my decease make his intention to pay and I charge the said Cottage and garden with the payment thereof and do give and grant unto my said Sister the like power to distrain for the payment of the same as is hereinbefore given to my Wife in respect of her annuity
I also give and devise unto the said William Webber and my son Robert Herniman their heirs and assigns All that freehold and copyhold close of land late Buncombes the land tax whereof is redeemed with the messuage or dwelling house garden brick fil_ and tile house erected on a part thereof situate at the top of Holway Lane in the parish of Taunton Saint Mary Magdalan and also All that close of land containing about 1200 acres situate in or near in Holway Lane aforesaid and adjoining the last mentioned premises and which I lately purchase of Mr. Fowler and also all that walled garden and two pieces of land situate in or near Somerset Place in East Reach aforesaid containing about one acre part of late Motts and all other the land and premises late Motts (except the aforesaid Cottage and garden devised to my brother James) and also all that dwellinghouse and garden situate at West Bagborough occupied by my Aunt How and also the four fields of ground with an Orchard and Courtlage in the occupation of Simeon Mork and the house and garden in the occupation of William Fox also situate at West Bagborough aforesaid and all other if any hereditaments belonging to me at West Bagborough aforesaid To hold all and singular the said hereditments and premises comprised in this devise and situate in or near Holway lane Somerset place and West Bagborough as aforesaid unto and to the use of the said William Webber and my said son Robert Herniman their heirs and assigns Upon the trusts hereinafter shared that is to say as to all that part of the said Close of land late Buncombes commencing lengthways from the Southern end of but not including the dwelling house erected on the said Close of land or the garden thereto, (which house and garden is now in the occupation of Curry Gower to the bottom of the said Close against the public road leading from Taunton to Holway and in depth from the foot path in the said field to the tile house now standing in the said Close of land and in as direct and regular a line as may be and which land hereby last described contains about 1000 acres more or less.
And also as to all the hereditments situate at Somerset Place aforesaid called late Motts (except that part devised to my brother James) Upon trust that they my said Trustees and the survivor of them his heirs and their or his assigns do and shall at any time upon receiving a request in writing from either of my three children Sarah Herniman Ann Herniman and William How Herniman who shall have attained twenty one years of age or as to daughters have been married before that age make sale and dispose of the same premises in the like mannor and with all the like powers as to parceling out the lots modes of selling surveying and giving receipts and discharges to purchasers and in all other respects as is hereinbefore declared with reference to the sale of the land at Huntspill and West Monkton and my Will is that my said Trustees shall stand possessed of the moneys arising from the sales by this devise authorized to be made. Upon trust for and for the equal use and benefit of my said daughters Sarah Herniman Ann Herniman and my son William How Herniman as tenants in common and my Will is that the share or shares of such of them as shall have attained the age of twenty one years or as to daughters shall have attained that age or have married shall then become vested interests in and be paid over to them and that in case either of them shall at the time of such sales be under twenty one years of age or as to daughters be under that age and unmarried then my Will [see ORIGINAL text] is that my said Trustees shall invest the share of such child or children on mortgage or in the funds in like manner and also apply the interest thereof for the benefit of such last mentioned child or children in the same mode in all respects as is hereinbefore directed with reference to the proceeds of the sale of the lands at Bishopshull and West Monkton and as to the resident of the said land late Buncombes (a right of Roadway over a proper and convenient portion whereof beginning with the way now used as a Cart way to the brick yard it shall be lawful for my said Trustees and the survivor of them his heirs or assigns to grant to the purchasers of the last part of the said land late Buncombes and also as the said two acres the land late Fowlers situate at or near Holway land aforesaid and the said hereditaments and premises at West Bagborough aforesaid Upon trust to act and let the same and retrieve the rents and profits thereof and pay an equal third part or share thereof unto each of my said Daughter’s Sarah Herniman and Ann Herniman and my son William How Herniman during their respective lives the share of each of them the said Sarah and Ann Herniman respectively to be for her separate use free from the debts or control of any husband or husbands with whom either of them may from time to time intermarry and so also that each of them my said daughters shall have no power to alien or anticipate the growing payments thereof and immediately after the decease of any or either of my said Daughters or son then as to the said equal part or share of such daughters and son respectively upon trust for the child if only one and for all and every or such one or more of the child or children of such daughter and son respectively or the issue of such child or children such issue being born in the lifetime of such daughter or son respectively / in such shares if more than one to be vested and payable at such time or times with such provisions for maintenance and in such manner in all respects as they the said Sarah Herniman Ann Herniman and William How Herniman respectively (each of them exercising this present power in respect of her or his distint third part only of the said hereditaments) shall (and as to the said Sarah and Ann Herniman whether covert or sole) by her and his will or any writing in the nature thereof appoint and in default of such direction or appointment then as to the respective third part of each of my said children dying as aforesaid upon trust for all and every the child and children of such child of mine so dying who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry equally to be divided between them if more than one and their respective heirs and assigns for ever provided always and my Will is that in case any of either of my children shall die without leaving any child or children who shall become entitled to any part of share either in the settled properties so as aforesaid settled by this my Will upon my children and their issue in mannor hereinbefore appearing or who shall die without becoming entitled to a vested interest in any part of my residuary estate hereinafter bequeathed then my will is that the share or respective shares the income whereof is so limited to such child or respective children shall survive and belong to and be held by my said Trustees In trust for all and every other my children (except my oldest son Robert Herniman who shall have no benefit of survivorship under this my Will and their issue object and objects of the trusts hereinbefore contained for the same estate and interest or respective estates and interests and in the same manner in all respects as his her [see ORIGINAL text] or their original share or respective shares is or are hereinbefore limited in trust for him her or them respectively in and by the said “several” trusts or either of them And I declare and direct that if at my decease any of my children being a son or sons shall not have attained the said age of twenty one years or being a daughter or daughters shall not have attained that age or have been married it shall be lawful for my said Trustees or Trustee to apply all of any part of the interest of the presumptive or contingent share or respective presumptive or contingent shares of such child or children for his her or their maintenance and education and apprenticing or otherwise for his her or their benefit during such the period of his her or their minority or respective minorities or discoverture or respective discovertures as the case may be And it is my will and desire and I request my Executors to place each of my children as well daughters as sons who shall be unmarried and under twenty one years to learn some trade business or profession. And I will and direct that in case any of my children during their minorities shall reside and board at the house of my said wife then my said Trustees shall pay my said wife a fair compensation for such childrens board and lodging and it is my will and I direct that if any child or children of mine shall die in my lifetime leaving a child or children who shall survive me then and in such case such last mentioned child or children who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry shall take the same share estate and interest or respective shares estates and interests original and accruing in the lands trust moneys and premises hereinbefore devised and bequeathed and with the same provisions for maintenance and advancement and in the same manner in all respects as he she or they would have taken if his her or their parent or respective parents had survived me And my will further is that in case I shall at any time after the date of this my will advance any sum of money to or for the benefit of any child of mine upon his or her marriage or otherwise for his or her profession in the world then such child or respective children so advanced as aforesaid shall upon my decease account to my Executors for the sums so advanced to them and the same sums shall be held by my Executors In trust for the residuary legacees of this my will and my will is that none of my children whom I may after the date of this my Will so advance as aforesaid shall take any benefit under this my Will until he she or they or his her or their representatives shall have first accounted to my Executors for any such advances as aforesaid provided also and I do hereby direct and declare that in order the better to ascertain the amount of my one equal half share of and in the stock in trade and book debts of and belonging to the joint trade and business of builders carried on by myself and my said son Robert Herniman my Trustee the said William Webber or other the Trustee for the time being appointed in his place or stead under and by virtue of the clause for that purpose herein contained do and shall within three Calendar months next after my decease nominate and appoint some fit and competent person and the said Robert Herniman do and shall within the time last mentioned nominate and appoint some other fit and competent person to value and appraise all and singular the said Stock in trade and book debts of and belonging to our said joint trade and business and that the said Robert Herniman do and shall within six calendar months from that time well and truly pay or account for unto the said William Webber or other the Trustee aforesaid acting in his stead [see ORIGINAL text] and to my Estate such sum as the said two persons shall find to be the full value of such my one half part or share of and in the said joint trade and business and in case the said persons so to be nominated as aforesaid cannot agree upon a valuation then I direct that they do and shall forthwith nominate and appoint some other fit and proper person to be an umpire between them and whose decision shall be final as to such valuation And I direct and declare that in case the said William Webber and my said son Robert Herniman or either of them or any trustee or trustees to be appointed under this present provision shall be unjust or become unwilling or incapable or unable to act in the aforesaid trusts before the same shall be fully performed then and in every such case it shall be lawful for the surviving or acting trustee or trustees for the time being of this my will or if there be none such for the unwilling trustee or trustees or in case all the trustees shall have departed this life then for the executors or administrators of the last surviving trustee with the consent in writing of my said Wife during her Widowhood and afterwards of the proper authority of the person or persons to whom the present power is given to nominate any fit persons or persons to supply the place or places of the trustees or trustee so dying refusing or becoming unwilling or incapable or unable to act as aforesaid And that immediately after every such nomination the said trust hereditaments and premises shall be conveyed and transferred so and in such manner as that the same premises and the fee and inheritance thereof or other estate therein may vest in the surviving or continuing trustees or trustee and in such new trustees or trustee or in such new trustees or trustee shall be entitled to all intents and in every respect whatsoever to exercise the same powers and authorities in relation to the said trusts as if he or they had been appointed a trustee or trustees by this my Will and I hereby further declare that the trustee and trustees for the time being of this my Will shall be charged and chargeable only with such moneys as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively notwithstanding their joining in any receipt or other a__ for the sake of conformity only and shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands the said trust moneys or any part thereof shall be placed for safe custody or otherwise nor for the insufficiency of any security upon which the same shall be invested nor for any other loss misfortune or damage which may happen in the execution of the aforesaid trusts or any of them or in relation thereunto unless the same shall happen by or through their or his own willful default and also that it shall be lawful for the said Trustees respectively by and out of the moneys which shall come to their or his hands respectively to retain or allow to each other all costs charges damages and expenses which they respectively shall sustain or expend in or about the execution of the said trusts or in relation thereto And as to all the Rest and Residue of my goods chattels moneys securities for money book debts rights credits and all other my personal Estate whatsoever not hereinbefore specifically bequeathed I give and bequeath the same unto the same William Webber and my Son Robert Herniman their executors administrators and assigns Upon the Trusts following that is to say upon trust as soon as conveniently may be after my decease in the discretion and of the absolute authority of my said trustees or the survivor of them his executors administrators or assigns to sell or dispose of and convert into money so much and such parts of my said residuary personal [see ORIGINAL text] Estate as shall not consist of money and to collect get in and receive the remaining parts of the said residuary personal Estate And Thereby empower my said Trustees or Trustee in the execution of their said trust to compound or allow such time or accept such security real or personal for the payment of any sum or sums of money which shall be owing to me at the time of my decease as by them or him shall be deemed expedient
And it is my Will and I declare that the said Trustees and the survivor of them his executors or administrators shall stand possessed of the moneys to arise from my said residuary personal estate Upon trust out of the same moneys to pay all my debts as well by specialty or on mortgage as by simple contcar/and funeral and testamentary expenses and the pecuniary legacies hereinbefore bequeathed as and when the same shall become payable and also the expenses or building or finishing the building of the two houses / to be built on the site of the Old House part of late Purseys / hereinbefore devised for the benefit of my Daughter Mary Emily Rosetta Herniman and upon further trust to stand possessed of the surplus moneys for the equal benefit of my said three children Sarah Herniman Ann Herniman and William How Herniman to whom I give and bequeath the same as tenants in common the share of each of them in the said surplus moneys to be a vested interest at twenty one as to my said son and at that age of previous marriage as to daughters and in case either of my said three children shall not have attained a vested interest in the said surplus moneys at the time of my decease then Upon trust to pay out the share of such child or children in the funds or on mortgage in the names of any Trustees and vary the securities from time to time as occasion shall require and pay the interest or dividends thereof to each child during his or her minorities aforesaid or such part thereof as ay be necessary and on such child attaining a vested interest as aforesaid then to pay him or her his or her share of the moneys so invested and carry accumulation thereon
Lastly I appoint the said William Webber and my said son Robert Herniman EXECUTORS in trust of this my Will And I appoint my Wife so long as she shall remain my Widow and unmarried Guardian of such of my said Children as shall be under the age of twenty one years and unmarried at the time of my decease during his her or their minority or respective minorities
And after the decease or marriage of my said Wife I appoint the said William Webber and my said son Robert Guardians of my said Children In witness whereof I the said George Herniman the Testator have hereunto set my hand and seal to wit my hand to the first thirteen sheets hereof and my hand and seal to this fourteenth and last sheet this twenty first day of June in the year of our Lord one thousand eight hundred and thirty seven. George Herniman the Testator as and for this last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses. In M. T. Hazeland Solr Taunton M. Hazeland Wm. A. Quick Clerk to the said Mr. Hazeland
Proved at London 12th August 1842 before the Worshipful Henry _____ Nintoll Doctor of Laws and Surrogate by the Oaths of William Webber and Robert Herniman the son the Executors to whom Administration was granted having been first sworn duly to administer from directory