Date of Will: 13 October 1845
Proved on 10 September 1847
 










This is the last Will and Testament of me WILLIAM HARBAGE of Wardington in the County of Oxford yeoman  I appoint JOHN PERKINS FLETCHER of Banbury in the County of Oxford Shoemaker and JOHN KILBY of the same place Gentleman trustees and Executors of this my will  I give and bequeath to my wife the use of all my household furniture plate linen china and books for and during her life or widowhood and from and after her decease or second marriage I direct the same shall be part of my residuary personal estate and be disposed of accordingly  I give devise and bequeath all my real estate and the residue of my personal estate and effects of what nature or kind soever and wheresoever unto and to the use of the said JOHN PERKINS FLETCHER and JOHN KILBY their heirs executors administrators and assigns for ever according to the nature and quality of the same estate respectively upon trust that they my said trustees or the trustees or trustee for the time being under this my will shall stand seized of and interested in my real and personal estate so devised and bequeathed to them as aforesaid upon the trusts and for the intents and purposes following that is to say as to all that messuage or tenement with the garden and appurtenances thereunto belonging situate and being in Wardington aforesaid now in the tenure or occupation of JOHN DUMBLETON upon trust for my said wife and her assigns for and during the term of her natural life if she shall so long continue my widow but not otherwise and as to the same premises from and immediately after her decease or second marriage and as to all other my real and personal estate subject to the discretionary power hereinafter given to my said trustees from and immediately after my decease upon trust and I do hereby authorise empower and direct my said trustees or trustee for the time being with all [convenient] speed after my decease to make sale and dispose of my said real estate either together or in parcels and either by public auction or private contract or partly by public auction and partly by private contract for the best prices that can be reasonably obtained for the same with liberty to buy in and resell the same at [discretion] and also subject to the power hereinafter mentioned to make sale and dipose of and convert into money in such manner as they may deem most eligible such parts of my personal estate as shall not consist of money or securities for money and to receive recover and get in the remainder but with power to allow the continuance at discretion of funded and mortgage securities deemed eligible and to stand and be possessed of and interested in all monies to be raised by such sale or sales and to be collected in and received as aforesaid and also of all other the said personal estate and effects whatosever and wheresoever upon the trusts hereinafter declared concerning the same and I empower my trustees or trustee for the time being in the execution of the trust hereinbefore contained to pay and satisfy any claim and demand which shall be made against my estate upon such evidence as they or he shall deem to be satisfactory and also in the absolute discretion of the said trustees or trustee to delay or forego the enforcement or prosecution of any claim or demand which my said trustees or trustee shall or may have against any person or persons whomsoever to compound or otherwise [adjust] or settle the same or any accounts whatever in such manner as my trustees or trustee shall deem to be most beneficial to my estate and also to refer to arbitration any dispute or difference touching the premises and I further empower the trustees or trustee of this my will in their or his discretion to postpone or delay the sale or conversion of my real or personal estate or of any part or parts thereof hereinbefore directed to be sold and converted and I direct that in the meantime the money arising from the property so remaining unsold or unconverted shall from the period of my decease belong to and be received by the person or persons who would be entitled under the trusts hereinafter contained to the dividends interest and annual produce of the investment which would or ought to have been made of the monies arising from such sale and conversion if the same had actually taken place and I hereby further declare that the purchasers of any part of my real or personal estate and all other persons paying to my said trustees or trustee any trust money belonging to my estate and taking their or his receipt for the same shall be discharged from all responsibility in respect of the application thereof and I hereby empower my trustees or trustee from the time being to devise at rack rent for any term not exceeding seven years in possession any part of my freehold copyhold or leasehold hereditaments which for the time being shall remain unsold under the trusts aforesaid and I direct and declare that my said trustees or trustee for the time being shall stand and be possessed of and interested in the money arising from my said real and personal estates upon trust in the first place to pay all my just debts funeral and testamentary expenses and also the expenses incidental to the execution of the trusts hereof and in the next place to raise and pay unto my son WILLIAM the legacy of three hundred pounds upon his attaining his age of twenty one years and upon further trust [            ] the trustees or trustee for the time being of this my will shall and so lay out and invest in their or his own names or name the sum of one thousand pounds either upon the Parliamentary stocks or Public Funds of Great Britain or upon real security in England or Wales and shall and do pay the dividends interest and annual produce thereof as the same shall arise and [     ] due unto my said wife during the term of her natural life if she shall so long continue my widow but not otherwise and after her decease or second marriage I direct that the same sum of one thousand pounds shall become part of the residue of my personal estate and as to for and concerning all the residue and surplus of the aforesaid trust monies which shall remain after the several deductions appropriations and payments hereinbefore mentioned and all other the said personal estate and effects I direct and declare that the said trustees or trustee for the time being of this my will shall and be subject to the trusts aforesaid lay out and invest the same in stock in some or one of the Funds of Great Britain or on mortgage of freehold estates in England or Wales and shall stand possessed thereof upon trust for all and every my present and future born children who shall attain the age of twenty one years or die under that age leaving lawful issue in equal shares if more than one and if but one then upon trust for such one child and to pay assign and transfer the same to them respectively when and as they shall respectively attain that age Provided nevertheless and I do hereby declare that the said legacies or sum of three hundred pounds hereinbefore given and bequeathed to my said son WILLIAM shall be considered part of his share of the said trust monies and that he shall receive so much only of the said trust monies as will make his share equal to my other children’s Provided always that in case at my decease my said son WILLIAM or any other of my children being a son or sons shall not have attained the age of twenty one years or being a daughter or daughters shall not have attained that age or been married then it shall be lawful for the trustees or trustee for the time being of this my will in their or his discretion to apply all or any part of the yearly dividend interest or annual produce of the presumptive or expectant share of each such child being a son during his minority or being a daughter during her minority or discoverture in or towards his or her maintenance and education or otherwise for his or her benefit and that so much of any of the dividends interest or annual produce arising from the presumptive or expectant share of each such child respectively as shall not be so applied as aforesaid shall be improved at interest and accumulated and the accumulations thereof shall be added to the share from whence the same shall have arisen with power nevertheless for the trustees or trustee for the time being if they or he shall deem it expedious so to do to apply such accumulated Fund or any part of the same in and for the maintenance and education of the child or children from whose presumptive or expectant share or shares respectively the same may have arisen during any subsequent period of his her or their minority or discoverture or respective minorities or discovertures as the case may be provided also and I further declare that it shall be lawful for the said trustees or trustee for the time being to apply any part not exceeding one fourth of the principal of the vested or presumptive or expectant share or respective shares of each or any of my children of and in my residuary estate in or towards the advancement or preferment in the world or otherwise for the benefit of the child or children to whom such share or respective shares shall actually or presumptively belong in such manners as the said trustees or trustee shall think proper and provided also and I further declare that it shall be lawful for the said trustees or trustee for the time being of this my will at any time or from time to time in their or his discretion sell or dispose of any stocks funds or securities whereon any of my trust monies for the time being shall or may happen to be invested and to invest the money arising from such sale in any other of the stocks or funds or other Government Securities of the United Kingdom or on mortgage of freehold or copyhold estates in England or Wales and vary and transfer the same as occasion shall require or as shall be thought fit provided also and I hereby declare that in case the said JOHN PERKINS FLETCHER and JOHN KILBY or either of them shall die in my lifetime or shall renounce the execution of the trusts hereby created or in case the said JOHN PERKINS FLETCHER and JOHN KILBY or any trustee or trustees to be appointed under this present provision shall die or be absent from the United Kingdom for the space of six calendar months at one time or shall otherwise become unwilling or unable to act in the aforesaid trusts then and so often as the same shall happen it shall be lawful for my said wife during her widowhood and after her decease or marriage again for the surviving or continuing trustee or if there shall be no such trustees then for the retiring or renouncing trustee for the time being or if there shall be no such last mentioned trustee then for the executors or administrators of the last deceased trustee to nominate any fit person or persons to supply the place or places of the said trustee or trustees respectively so dying residing abroad or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trusts estates monies and effects stocks funds or securities shall be conveyed or transferred in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees solely as the case may require and such new trustee or trustees shall have and be capable of exercising all the powers and authorities whatsoever hereinbefore contained in the same manner to all intents and purposes as if he or they had been appointed a trustee or trustees by this my will provided also that the trustees for the time being of this my will shall be charged and chargeable with such sums only they respectively shall actually receive by virtue of the trusts hereby reposed in them notwithstanding their joining in any receipt or receipts or doing any other act for the sake of conformity and that they or any of them shall not be answerable or accountable for involuntary misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto Provided also and I hereby lastly declare that it shall be lawful for the said trustees or trustee for the time being by and out of the money which shall come to their or his hands by virtue of the trust aforesaid to deduct retain and reimburse for themselves respectively or himself and also to allow to each other all costs charges [            ] and expenses and fees to counsel for advice which they or either of them may sustain [            ] or [            ] in or about the execution of the trusts aforesaid or in relation thereto

In witness whereof I the said WILLIAM HARBAGE the testator have to this my last will and testament contained in six sheets of paper to each sheet set my hand this thirteenth day of October one thousand eight hundred forty five – WILLIAM HARBAGE – Signed by the said WILLIAM HARBAGE the testator as 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 do hereto subscribe our names as witnesses – AMES CHINNER Chacombe – SARAH CHINNER Chacombe

Proved at London 10th September 1847 before the Judge on the oaths of JOHN PERKINS FLETCHER and JOHN KILBY the executors to whom admon was granted having been first sworn by Commission duly to administer