BYRD, Thomas (Will)

This is the last will of me Thomas Byrd the elder of Badsey in the county of Worcester Farmer hereby revoking all former testamentary dispositions by me made.  I appoint Mr Henry William Smith of Evesham Auctioneer and my son Thomas Byrd the younger Executors hereof to each of whom I bequeath the sum of £10. I direct that my debts and the costs of my funeral and all disbursements and expenses relating to the probate of this my will may so soon as convenient be discharged by my executors out of my personal effects and subject thereto it is my desire that they will cause an inventory to be made of my household goods furniture plate linen kind and effects in and about my dwellinghouse and suffer the said furniture and effects to be possessed and enjoyed by my wife Catharine for and during her life and after her decease I direct that the said household furniture goods and effects shall be divided by my said executors between my two sons William and Henry in equal shares as tenants in common to whom I give and bequeath the same accordingly I give and bequeath my money and securities for money and all and singular my residuary personal estate and effects unto the said Henry William Smith and Thomas Byrd the Younger upon trust that the same may remain or be invested in the names of them or of the survivor of them his executors or administrators or their or his assigns in the public funds of Great Britain or upon Government real or copyhold or leasehold security or securities with full liberty to alter vary and traspose the same securities from time to time as my said trustees or trustee for the time being shall think proper And I declare that they respectively shall stand possessed of the same securities and moneys In trust to pay to or otherwise to permit and suffer my said wife or her assigns to receive during her life the interest dividends and profits thereof and after her decease In trust to call in and divide the same moneys and residuary personal estate equally between and among all my children who shall live to attain the age of 21 years or who dying under that age shall leave lawful issue him or her surviving I give and devise All that messuage tenement or dwellinghouse with the outbuildings garden and appurtenances situate in the village of Badsey aforesaid which I lately purchased of the trustees and devisees of Piercy Jones deceased and now in my occupation And also all and singular my messuages cottages farm lands and hereditaments situate at Aldington in the said parish of Badsey and all other if any my real estate wheresoever situate unto and to the use of my said wife Catharine Byrd for and during the term of her natural life and immediately after the determination of that estate by any means in her lifetime to the use of the said Henry William Smith his heirs and assigns during the life of the said Catharine Byrd In trust nevertheless for her and her assigns and to preserve the contingent remainders hereinafter limited from being defeated and from and immediately after the decease of my said wife as to my said messuage tenement or dwellinghouse with the outbuildings garden and appurtenances situate in the village of Badsey aforesaid to the use of my son Henry Byrd and his assigns during his life without impeachment of waste and immediately after the determination of that estate by forfeiture or otherwise in his lifetime to the use of the said Henry William Smith his heirs and assigns during the remainder of the life of the said Henry Byrd In trust for him the said Henry Byrd and his assigns and by the usual ways to preserve the contingent remainders hereinafter limited from being defeated And immediately after the decease of the said Henry Byrd to the use of the first and every other son of the said Henry Byrd severally and successively and one after another according to their respective seniorities and priority of birth and the heirs male of the body issuing of every such son in succession And in default of such issue male to the use of all and every the daughters of my said son Henry Byrd their heirs and assigns as tenants in common in fee But so far as relates to the share or shares as well original as accruing of such one or more of them who shall not attain the age of 21 years to the use of such of the said daughters who shall attain that age and their heirs as tenants in common and if there shall be but one only then to the use of such only daughter and her heirs and in default of any such daughter then to the use of my son the said William Byrd his heirs and assigns for ever.  And as to my said messuages cottages farm lands and hereditaments at Aldington aforesaid and all other if any my real estate to the use of my said son Thomas Byrd the younger and his assigns during his life without impeachment of waste And immediately after the determination of the last mentioned estate by any means in the lifetime of my said son Thomas to the use of the said Henry William Smith his heirs and assigns during the remainder of the natural life of my said son Thomas in trust nevertheless for him and his assigns but by the usual ways to preserve the contingent remainders hereinafter limited from being defeated And immediately after the decease of my said son Thomas to the use of the first and every other son of my said son Thomas severally and successively and one after another according to their respective seniorities and priority of birth and the heirs male of the body issuing of every such son in succession And in default of such issue male to the use of all and every of the daughters of my said son Thomas their heirs and assigns as tenants in common in fee But so far as respects the share or shares as well original as accrued of such one or more of the ho shall not attain the age of 21 years to the use of such of the daughters who shall attain that age and their heirs as tenants in common and if there shall be but one only then to the use of such only daughter and her heirs and in default of any such daughter who shall attain the age of 21 years To the use of my son William Byrd and his assigns during his life without impeachment of waste And immediately after the determination of the last mentioned estate by any means in the lifetime of my said son William to the use of the said Henry William Smith his heirs and assigns during the remainder of the natural life of my said son William In trust nevertheless for him but by the usual ways to preserve the contingent remainders hereinafter limited from being defeated And immediately after the decease of my said son William to the use of the first and every other son of my said son William severally and successively and one after another according to their respective seniorities and priority of birth and the heirs male of the body issuing of every such son in succession and in default of such issue male to the use of all and every of the daughters of my said son William their heirs and assigns as tenants in common in fee But so far as respects the share or shares as well original as accrued of such one or more of them who shall not attain the age of 21 years To the use of such of the daughters who shall attain that age and their heirs as tenants in common and if there shall be but one only then to the use of such only daughter and her heirs and in default of any such daughter who shall attain the age of 21 years to the use of my said son Henry Byrd and his assigns during his life without impediment of waste And immediately after the determination of the last mentioned estate by any means in the lifetime of my said son Henry to the use of the said henry William Smith his heirs and assigns during the remainder of the natural life of my said son Henry In trust nevertheless for him and his assigns but by the usual ways to preserve the contingent remainders hereinafter limited from being defeated And immediately after the decease of my said son Henry to the use of the first and every other son of my said son Henry severally and successively and one after another according to their respective seniorities and priority of birth and the heirs male of the body issuing of every such son in succession And in default of such issue male To the use of all and every of the daughters of my said son Henry their heirs and assigns as tenants in common in fee. But so far as respects the share or shares as well original as accrued of such one or more of them who shall not attain the age of 21 years. To the use of such of the daughters who shall attain that age and their heirs as tenants in common And if there shall be but one only then to the use of such only daughter and her heirs and in default of any such daughter who shall attain the ages of 21 years. To the use of my own right heirs for ever. I give devise and bequeath all estates vested in me upon any trusts or by way of mortgage unto the said Henry William Smith and Thomas Byrd the younger their heirs executors administrators and assigns to hold the same respectively according to the respective natures thereof upon the trusts and subject other equities affecting the same.

In testimony whereof I have to this my will contained on four sheets of paper set my hand the 19th day of December 1860

Signed Thomas Byrd