0001: | This is the last Will and Testament
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0002: | of me William Silver of Henley upon Thames in the
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0003: | County of Oxford Stone Mason I order and direct that
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0004: | all my just Debts Funeral Expences and the Charges
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0005: | of the probate of this my Will shall in the first place
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0006: | be paid and discharged out of my Personal Estate and
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0007: | in case my Personal Estate shall not be sufficient
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0008: | for that purpose I charge and make chargeable my
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0009: | Real Estate with the payment thereof I give and
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0010: | bequeath all my Personl Estate and Effects whatsoever
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0011: | and wheresoever and of what nature kind or quality
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0012: | soever unto my dear Wife Elizabeth Silver her Executors
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0013: | Administrators and Assigns for ever to and for her and
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0014: | their own use and Benefit I give and devise all my
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0015: | real Estate and Effects whatsoever and wheresoever To
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0016: | the use of John Dean of the How Farm in the Parish
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0017: | of Hambleden in the County of Bucks Yeoman Richard
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0018: | Richards of Reading in the County of Berks Woollen
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0019: | Draper and Garrett Hayes of Fawley Court in the said
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0020: | County of Bucks Gentleman their Heirs and Assigns
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0021: | for ever In Trust for my said Wife Elizabeth Silver and
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0022: | her Assigns for and during the term of her natural Life
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0023: | and from and after her decease in case all my .... three
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0024: | Sons William Silver John Silver and Henry Charles Silver
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0025: | shall depart this Life in the Lifetime of my said Wife and
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0026: | under the age of twenty one years and not having any
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0027: | of them been married Then in Trust for my said Wife
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0028: | Elizabeth Silver her Heirs and Assigns for ever But if
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0029: | any of my said Sons shall happen to survive my said
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0030: | Wife or shall attain the age of twenty one years or
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0031: | be married in her life time Then in Trust that they
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0032: | the said John Dean Richard Richards and Garrett Hayes
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0033: | and the survivors and survivor of them and the Heirs of
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0034: | such survivor shall and do with all convenient speed
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0035: | after the decease of my said Wife make sale and dispose
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0036: | of my Real Estate either together or in Parcels for the
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0037: | best price or prices in Money that can be reasonably
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0038: | had or gotten for the same and it is my Will and Mind and
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0039: | I do hereby declare that the Receipt or Receipts of the
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0040: | said John Dean Richard Richards and Garrett Hayes
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0041: | or the survivors or survivor of them or the Heirs
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0042: | Executors Administrators of such survivor shall from
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0043: | time to time be a good and sufficient discharge and good
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0044: | and sufficient discharge to the Purchasor or Purchasors
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0045: | of my said Real Estate so to be sold as aforesaid or of any
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0046: | Part or Parts thereof and to his [↑her] and their respective
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0047: | Heirs Executor Administrators and Assigns for so much
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0048: | of the Purchase Money as shall be therein acknowledged
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0049: | to be received and that such Purchasor or Purchasors
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0050: | his her or their Heirs Executors Administrators and
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0051: | Assigns shall not afterwards be answerable and
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0052: | accountable for any Loss Misapplication or Nonapplication
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0053: | of such Purchase Money so received or any part
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0054: | thereof and it is my Will and Mind and I do hereby
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0055: | declare that they my said Trustees and the survivors
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0056: | and survivor of them and the Heirs Executors and
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0057: | Administrators of such survivor shall stand and be
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0058: | possessed of and interested in all and every the respective
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0059: | Monies which shall arise from or by the Sale and
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0060: | Sales hereinbefore directed to be made and also of
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0061: | and in all the Rents Issues and Profits of my said
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0062: | Real Estate which shall arise or accrue in the mean
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0063: | time Upon Trust to lay out and invest the same on Real
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0064: | or Government Securities or in Parliamentary Funds and
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0065: | to alter and transpose such Securities and Funds from time
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0066: | to time at discretion And to stand and be possessed and
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0067: | interested of and in such Securities and Funds and the
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0068: | Monies placed thereon In Trust to assign and Transfer
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0069: | the same unto and amongst my said three Sons William
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0070: | Silver John Silver and Henry Charles Silver in the
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0071: | Shares and Proportions following (that is to say) To
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0072: | my Eldest Son William Silver one Moiety thereof and
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0073: | the other Moiety thereof To my said two younger Sons
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0074: | John Silver and Henry Charles Silver equally between
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0075: | them share and share alike the respective parts and
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0076: | shares of my said Sons to be assigned or transferred to
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0077: | them respectively at their respective age of twenty one
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0078: | years or days of Marriage which shall first happen unless
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0079: | ...............such time or respective Times of
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0080: | payment shall happen in the Life time of my said
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0081: | Wife Elizabeth Silver and in such Case I do direct
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0082: | that the part or share parts or shares of such of
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0083: | my said Sons as shall attain their said Age of twenty one
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0084: | years or be married in the life time of my said Wife
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0085: | shall thenceforth be considered as a vested and transmissible
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0086: | Interest and shall be assigned and transferred as soon as
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0087: | conveniently may........be after the decease
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0088: | of my said Wife and if any of my said Sons shall depart
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0089: | this Life under the age of twenty one years not having
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0090: | been married Then the part or share parts or shares
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0091: | of him or them so dying shall go accrue and become
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0092: | assignable and transferrable to and vested in the others
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0093: | or other of them in equal shares if more than one
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0094: | at such time or times as his [↑her] or their original share or
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0095: | shares or as soon afterwards as circumstances will
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0096: | permit and I do hereby declare my Will to be that all
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0097: | and every the share and shares so directed to accrue
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0098: | shall from time to time accrue together with the original
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0099: | share and shares until such original share and shares
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0100: | shall by virtue of this my Will become vested And
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0101: | upon further Trust that they my said Trustees and the
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0102: | survivors and survivor of them and the Heirs Executors
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0103: | and Administrators of such survivor shall and do in
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0104: | the mean time after the decease of my said Wife
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0105: | pay and apply the dividends Interest and Annual
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0106: | proceed of the said Trust Monies and the Securities
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0107: | and Funds whereon or wherein the same shall be
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0108: | invested for and towards the Maintenance and
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0109: | Education or otherwise for the Benefit and Advantage
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0110: | of my said Son and Sons until the Principal shall
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0111: | become assignable and transferrable in proportion
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0112: | to their respective Shares and Interests therein
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0113: | and if all my said Sons shall depart this Life after the
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0114: | decease of my said Wife under the Age of twenty one
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0115: | years not having any of them been married In
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0116: | Trust for the next of kin and legal Representatives
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0117: | of my said Wife in an equal Course of distribution
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0118: | Provided always and it is my Will and Mind and I do
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0119: | hereby declare that notwithstanding any of the
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0120: | Trusts aforesaid it shall and may be lawful to and
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0121: | for my said Trustees or the survivors or survivor of
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0122: | them or the Heirs Executors or Administrators of
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0123: | such survivor at their discretion from time to time
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0124: | to call in the said Trust Monies or any part thereof
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0125: | or make sale and dispose of the Securities or Funds
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0126: | whereon the same or any part thereof shall be
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0127: | invested and place out the Money arising by such
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0128: | Sale and which shall be so called in upon other real
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0129: | or Government Securities or Parliamentary Funds
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0130: | and from time to time to alter and tranpose such
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0131: | Securities or Funds and that new Securities or Funds
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0132: | so taken and the Monies placed thereon shall be
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0133: | and remin vested in my said Trustees and the
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0134: | Survivors and survivor of them and the Heirs
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0135: | Executors and Administrators of such survivor upon
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0136: | such and the same Trusts and to and for such and the
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0137: | same Intents and Purposes as are herein before
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0138: | declared or expressed of and concerning the said Trust
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0139: | Names or such of them as shall be then subsisting
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0140: | or capable of taking Effect Provided also and my
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0141: | Will is that it shall and may be lawful to and for my
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0142: | said Trustees and their respective Heirs Executors and
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0143: | Administrators by and out of all or any of the Monies
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0144: | which by virtue of this my Will or any Trust herein
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0145: | declared shall come to their Hands to deduct retain
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0146: | to and reimburse themselves and himself all such Costs
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0147: | Charges and Expences as they respectively shall sustain
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0148: | expend or be put unto in or about the Execution or all
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0149: | or any of the Trusts aforesaid And also that they my
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0150: | said Trustees their respective Heirs Executors and
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0151: | Administrators shall be charged and chargeable only
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0152: | every of them for and with his own respective Receipts
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0153: | Payments Acts and wilful defaults and not otherwise
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0154: | and shall not be charged or chargeable with or for
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0155: | any Sum or Sums of Money other than such as shall
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0156: | actually and respectively come to his or their hands
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0157: | by virtue of this my Will nor with or for any Loss
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0158: | or Damage which may happen in or about the Execution
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0159: | of all or any of the Trusts aforesaid without his or
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0160: | their respective wilfull default I nominate constitute
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0161: | and appoint my wife Elizabeth Silver and the said
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0162: | Richard Richards Executrix and Executor of this my
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0163: | last Will and Testament I revoke and make void all
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0164: | former Wills and Codicils by me at any time heretofore
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0165: | made and declare this to be my last Will and Testament
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0166: | In Witness whereof I have to this my last Will and
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0167: | Testament contained in this and the two preceeding
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0168: | Sheets of Paper set my hand and seal (to wit) my
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0169: | Hand to the bottom of each of the said two preceeding
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0170: | Sheets of paper and my Hand and Seal to this last Sheet
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0171: | and my Seal at the Top of the first of the said Sheets
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0172: | where all the said Sheets are fixed together the
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0173: | twenty first day of June in the year of our Lord one
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0174: | thousand seven hundred and eighty eight
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0175: |
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0176: | W[illia]m Silver
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0177: |
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0178: | The Writing contained in this and the two preceeding
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0179: | sheets of paper was signed and sealed by the above
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0180: | named Testator and by him published and declared as
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0181: | and for his last Will and Testament in the presence
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0182: | of us who have hereunto subscribed our Names as
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0183: | Witnesses thereunto in his presence and in the
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0184: | presence of each other
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0185: | H[enr]y Poller Wilson
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0186: | Edw[ar]d Ladd
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0187: | W[illia]m Jones
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0188: | |