I have now transcribed the will of John COOPER (died 1826). This is the one that Roderick in Perth WA found in his father's papers, and which has led us to other wills, some still to be transcribed. If anyone would like the text as a Word or RTF file, please let me know and I will send as an attachment off-list. Bob Lawrence Researching COOPER, THOMPSON, TAVENDER, TOGHILL, COTES, ISAAC in Hawkesbury *************************************************** R.P. & A.L. Lawrence The Hazels, Sheepwood Road, Bristol BS10 7BS, U.K. Phone: 0117 950 4314 ************************************************** This is the Last Will and Testament of me John COOPER of the Parish of Kingswood in the County of Wilts Yeoman. First I will and direct that all my just Debts Funeral Expenses and Costs of proving this my Will be paid and discharged out of my Personal Estate. I Give and Devise my several cottages or Tenements Gardens Hereditaments and Premises situate at Hillsley in the Parish of Hawkesbury in the County of Gloucester unto my Nephews Joseph DAVIS of the Parish of Hawkesbury aforesaid and John COOPER (Son of my Brother Thomas COOPER) of Castle Combe in the said County of Wilts Cooper To Hold to them the said Joseph DAVIS and John COOPER their heirs and assigns for ever equally to be divided between them as Tenants in Common and not as Joint Tenants Subject nevertheless to and charged and chargeable with the payment thereof of the four several Annuities hereinafter mentioned (that is to say) One Annuity Yearly Rent Charge or Sum of Six Pounds of lawful Money of Great Britain to my Nephew Thomas THOMPSON and Betty his Wife for and during their Lives and the Life of the longest liver of them, One other Annuity Yearly Rent Charge or Sum of Six Pounds of lawful Money of Great Britain to my Nephew Giles THOMPSON and Mary his wife for and during their Lives and the Life of the longest liver of them, One other Annuity Yearly Rent Charge or Sum of Six Pounds of lawful money of Great Britain to my niece Mary BALL and BALL her Husband for and during their Lives and the life of the longest liver of them And one other Annuity Yearly Rent Charge or Sum of Six Pounds of lawful Money of Great Britain to my niece Martha LEWIS and LEWIS her Husband for and during their lives and the Life of the longest liver of them. All which said several Annuities I will and direct to be paid clear of all Taxes Charges and Deductions whatsoever by equal Quarterly payments or every Quarter of a Year according to the Calendar the first of the said payments to begin and be made on that Day six Months which shall happen next after my Decease. And my Will further is and I do Declare and Direct that in Case the said Annuities or yearly Sums or either of them or any part or parts thereof shall at any time or times be behind and unpaid by the space of Fourteen Days next after any or either of the Days whereon the same shall respectively become due and payable as aforesaid Then and so often it shall and may be lawful for the said annuitants or such of them whose annuity shall be in Arrears and their Assigns respectively into and upon the said Cottages or Tenements Gardens Hereditaments and Premises or into any part thereof to enter and distrain and the Distress and Distresses there found to take lead drive carry away impound and dispose of as the Law directs in Cases of Distress and Sale for nonpayment of Rent in Arrears for raising satisfying and paying the said Annuities respectively and all Arrears thereof and all Costs and Charges attending such Distress and Distresses. And I do hereby also subject and charge the said Cottages or Tenements Gardens Hereditaments and Premises with the Sum of Four Hundred Pounds which I do hereby give and direct to be paid at the times and in manner following (that is to say) the Sum of One Hundred Pounds (part thereof) unto all and every the Child and Children of my said Nephew Thomas THOMPSON as shall be living at the time of the decease of the Survivor of the said Thomas THOMPSON and his said wife and the Issue of any such Child or Children as may happen to be then dead in equal Shares and proportions but such Issue to take and divide amongst them (if more than one) only the Share or Shares of his her or their respective Father or Mother and no more and such said Sum of One Hundred Pounds to be paid within three months next after the Decease of the Survivor them the said Thomas THOMPSON and Betty his wife the Sum of One Hundred Pounds (further part of the said Sum of Four Hundred Pounds) unto all and every the Child and Children of my said Nephew Giles THOMPSON as shall be living at the time of the Decease of the Survivor of the said Giles THOMPSON and Mary his said wife and the Issue of any such Child or Children as may happen to be then dead in equal Shares and proportions but such Issue to take and divide amongst them (if more than one) only the Share or Shares of his her or their respective Father or Mother and no more and such said Sum of One Hundred Pounds to be paid within three months next after the Decease of the Survivor them the said Giles THOMPSON and Betty his wife the like Sum of One Hundred Pounds (further part of the said Sum of Four Hundred Pounds) which I hereby give unto all and every the Child and Children of my said Niece Mary BALL as shall be living at the time of the Decease of the Survivor of the said Mary BALL and BALL her said husband and the Issue of any such Child or Children as may happen to be then dead in equal Shares and proportions but such Issue to take and divide amongst them (if more than one) only the Share or Shares of his her or their respective Father or Mother and no more and such said last mentioned Sum of One Hundred Pounds to be paid within three months next after the Decease of the Survivor them the said Mary BALL and BALL her husband And the like Sum of One Hundred Pounds (being the remainder of the said Sum of Four Hundred Pounds) which I hereby give unto all and every the Child and Children of my Niece Martha LEWIS as shall be living at the time of the Decease of the Survivor of the said Martha LEWIS and LEWIS her said husband and the Issue of any such Child or Children as may happen to be then dead in equal Shares and proportions but such Issue to take and divide amongst them (if more than one) only the Share or Shares of his her or their respective Father or Mother and no more and such said last mentioned Sum of One Hundred Pounds to be paid within three months next after the Decease of the Survivor them the said Martha LEWIS and LEWIS her husband I Give and Devise unto my said Nephews Joseph DAVIS and John COOPER My Messuage or Tenement Gardens Orchards Closes Pieces and Parcels of Ground Lands Hereditaments and Premises situate in the Parish of Kingswood in the County of Wilts and also All those my Closes Grounds Lands and Hereditaments situate at Hawkesbury in the said County of Gloucester with their and every of their Rights Members and Appurtenances To Hold to them the said Joseph DAVIS and John COOPER their heirs and Assigns for ever equally to be divided between them as Tenants in Common and not as Joint Tenants Subject nevertheless as to the said Closes Lands and Hereditaments situate at Hawkesbury aforesaid to the payment of the Legacies hereinafter mentioned in Case my personal Estate and the Monies to arise by sale of the Hereditaments hereinafter directed to be sold should be insufficient to discharge such Legacies I Give unto my said Nephews the said Joseph Davis and John Cooper my three undivided fourth Parts or Shares of and in All those several Messuages or Tenements Gardens Orchards Closes Pieces and Parcels of Ground Lands Hereditaments and Premises situate in the Parishes of Wickwar and Yate in the said County of Gloucester now in the several occupations of John MARMANT FLETCHER John RICHINGS Jeremiah RUSSELL and William FORD with the Appurtenances To Hold the same to them the said Joseph DAVIS AND John COOPER their Heirs and Assigns for ever Upon Trust and confidence that they shall and do within three years next after my Decease absolutely sell and dispose of the same three undivided fourth parts Hereditaments and Premises and the Fee Simple and Inheritance thereof to any Person or Persons either together or in Lots by Publick Auction or Private Sale and in the manner which the said Joseph DAVIS and John COOPER their Heirs or Assigns shall think best and to Release and Convey the same to the Purchaser or Purchasers accordingly And as to the Monies to arise by Sale of the said three undivided fourth parts Hereditaments and Premises shall and do apply and dispose of the same in or towards the payment of the Legacies hereinafter mentioned And for promoting and facilitating the Sale or Sales of my said three fourth parts or Shares Hereditaments and Premises last above mentioned I do hereby expressly declare and direct that the Receipt or Receipts of the said Joseph DAVIS and John COOPER or the survivor of them his heirs or assigns shall be a good and effectual Discharge or good and effectual Discharges to any Purchaser or Purchasers of the said three fourth parts Hereditaments and Premises for his her or their respective purchase Monies And that such Purchaser or Purchasers shall not afterwards be obliged to see to the Application of the Purchase Monies or any part thereof respectively or be any way responsible for the same or for any Loss Misapplication or ---pplication thereof I Give unto Thomas, John, Hannah and Ann DAVIS four of the children of my late Sister Hannah DAVIS Deceased the sum of One Hundred Pounds apiece I Give unto Joseph, Isaac, Edward, Thomas, James, Mary and Elizabeth COOPER seven of the children of my Brother Thomas COOPER the like sum of One Hundred Pounds apiece I Give unto Joseph, Thomas, John, James, William, Mary, Harriet and Ann COOPER the Eight children of my Brother Joseph COOPER the like sum of One Hundred Pounds apiece And I Give unto my Sister Mary ALLWAY the Sum of One Hundred Pounds And I Give unto Mariah WEBB the Wife of WEBB of Charfield in the said County of Gloucester Labourer the sum of One Hundred Pounds All which said several Legacies I will and direct shall be paid within three years next after my Decease with lawful Interest from the Expiration of one Year after my Death until the time of Payment Provided and I do hereby will and direct that the Interest of the said Legacies to such of my said Nephews and Nieces as shall be under twenty one Years of Age shall be paid to their respective Parents during their respective Minorities towards their Education and Maintenance And it is my Will and Desire and I do hereby expressly declare and direct that my Executors the aid Joseph DAVIS and John COOPER shall and do pay and apply so much and such Part of the said Legacies respectively for and towards Apprenticing out any of my said Nephews and Nieces as shall be in their Minority in such manner as they my said Executors shall think proper And in Case any or either of the said Legatees shall happen to die in my Lifetime leaving Issue then I Give the Legacy or Legacies intended for him her or them unto his her or their Child or Children in equal proportions I Give unto my Housekeeper Elizabeth PULLIN a Suit of Mourning and the Sum of Fifty Pounds to be paid to her within Twelve Months next after my Death exclusive of Wages I Give unto my Nephew Joseph COOPER (son of my Brother Thomas) All my Wearing Apparel and all the Rest and Residue of my Monies Goods Chattels and Effects whatsoever and wheresoever I Give and Bequeath unto the said Joseph DAVIS and John COOPER (son of my brother Thomas COOPER) Subject with the Hereditaments directed to be sold as aforesaid to the payment of the said Legacies and I do constitute and appoint them Joint Executors of this my Will In Witness whereof I have to this my Last Will and Testament contained in five sheets of paper affixed together set my Hand and Seal (that is to say my Hand to the bottom of the four first sheets hereof and to this fifth and last Sheet my Hand and Seal this Twenty eighth Day of September in the Year of our Lord One thousand eight hundred and twenty six John COOPER Signed and Sealed by the said Testator John COOPER and by him Published and Declared to be 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 hereunto subscribed our Names As Witnesses thereto Henry ************* Surgeon Didmarton Ja BRACEY Conveyancer Wotton Underedge Rich BRACEY his Clerk 16th April 1827 The within named Joseph DAVIS and John COOPER Were duly sworn before me Under £800 Arthur ****** EVANS, Surrogate