Richard Gwinnett of Dudley, 1808

This is the last will and testament of me, Richard Gwinnett, of Dudley in the county of Worcester, victualler, made and published this first day of January one thousand eight hundred and eight.

First I will and direct that all my just debts, funeral expenses and the charges of proving this my will shall be paid by my executors hereinafter named as soon as convenient after my decease.

Also I give, devise and bequeath unto my wife, Sarah, and Mr Richard Powell of Dudley aforesaid all and singular my messuages, lands, tenements, heraditaments and real estate whatsoever situate in Dudley aforesaid or elsewhere in the United Kingdom.

And also all my household goods and furniture, plate, linen, china, ready money and securities for money, stock of ale brewing utensils, debts and all other my personal estates, chattels and effects whatsoever and wheresoever the same now is or shall be at the time of my decease.

To hold to them my said trustees, their heirs, executors, administrators and assigns, respectively according to the nature or tenures of such estates upon trust that they my said trustees or the survivor of them, her or his heirs, executors, or administrators do and shall carry on my said business of a victualler or otherwise to discontinue the same if she or he shall think it expedient so to do.

And do and shall convert into money all and singular my said personal estate and effects and put and place the money arising therefrom out at interest upon government or real security in their names or in the names of the survivor of them and from time to time to alter and change the securities as they or the survivor of them, his or her executors or administrators shall see good occasion.

And upon further trust that they, my said trustees, or the survivor of them her or his heirs, executors or administrators do and shall re-secure and take the rents, issues and profits of my real estate and also the interest, profits and produce of my said business and other personal estate and effects and shall and do pay and apply the money to arise therefrom unto my said wife for and during the term of her natural life or until she shall marry again for the purpose of supporting herself and the supporting, clothing and bringing up of my two youngest daughters Ann and Sarah Gwinnett or such other child as (I) may have by my wife.

And from and after the decease of my said wife or second marriage which shall first happen then I give, devise and bequeath all and singular my said messuages, lands, tenements, heraditaments and real estate whatsoever and wheresoever.

And all my household goods and furniture, plate, linen, china, ready money, and securities for money, stock of ale brewing utensils and all other my personal estate and effects whatsoever unto and equally between and amongst my three children (viz. Elizabeth wife of Pharez Shore, Ann and Sarah Gwinnett) and such other child or children as (I) may have by my said wife.

To hold to them, their executors, administrators and assigns respectively forever  equally share and share alike as tenants in common and not as joint tenants subject to the proviso next hereinafter mentioned.

Provided always, and my mind and will is, that in case my said wife shall happen to marry again then and in such case I will and direct that it shall and may be lawful to and for my said wife to have, receive and take the rents of all those my two new erected messuages or tenements and premises situate and being in Potatoe Ally in Dudley aforesaid for and during the term of her natural life to and for her own use and benefit, she my said wife keeping the said messuages or dwellinghouses and premises in good tenantable repair and condition.

Provided also and my mind and will is that in case any or either of my said children or such other child or children as aforesaid shall happen to die before he, she or they shall attain his, her or their age or ages of twenty one years and without leaving lawful issue of his, her or their body or bodies then I direct that the share or shares of him, her or them so dying of and in my said real and personal estate shall go to and be paid to the survivors of any said children, to hold to them, their heirs, executors, administrators and assigns respectively for ever equally share and share alike as tenants in common and not as joint tenants.

And I do hereby nominate and appoint my said wife and the said Richard Powell executrix and executor of this my will.

And it is my will and I do hereby direct that my said trustees or the survivor of them, his or her heirs, executors or administrators shall not be accountable for any more of the trust money or premises than what shall come to their respective hands nor for the defect or insufficiency of any securities whereon the said trust money may be placed out so as the same happen without their wilful default nor shall the one of them be answerable or accountable for the other of them but each for her and his acts, deeds and wilful default only.

And I do declare that it shall be lawful for my said trustees and the survivor of them, her or his heirs, executors and administrators from time to time to retain and reimburse herself or himself out of the money which shall come to their hands, all such costs, damages and expenses which they shall be put to bear, pay or sustain in or about the execution of this my last will or the trust in them reposed.

And lastly, I do hereby revoke and make void all former and other will and wills by me made and declare this to be my last will and testament.

In witness whereof, I the said testator, Richard Gwinnett, have to this my last will and testament set my hand and seal the day and year within written.

The mark of Richard x Gwinnett

Signed, sealed, published and declared by the said Richard Gwinnett, the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses:  Richard Bond, Thomas Holmes Lakin, Edward Dalby(?)