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Will of William ANDREWS of Bampton
Will 16 Feb 1850 Codicils 7 Jun 1851 & 3 Feb 1854 Probate 14 Nov 1856 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Transcriber's Notes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... me William Andrews of Bampton ... gentleman ...
Codicil 7 Jun 1851
Codicil 3 Feb 1854
Effects under £300. Resworn Feb 7 1860 under £800. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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As transcribed from a copy of the original document. Original line- and page-breaks are not preserved. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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This is the last will and testament of me William Andrews of Bampton in the County of Oxford gentleman made this Sixteenth day of February in the year of our Lord one thousand eight hundred and fifty as follows In the first place I direct that all my just debts funeral and testamentary expenses shall be full paid and discharged by my Trustees and Executors hereinafter named I give devise and bequeath unto my Grandson James Andrews Son of my late son William all that messuage or tenament windmill and land thereto belonging containing two acres or thereabouts situate and and being at Wheatley in the said County of Oxford now in the occupation of Thomas Way and all my estate right title and interest in and to all and every sum and sums of money thereon secured To hold the same unto my said Grandson James Andrews his heirs executors administrators and assigns for all such estate and interest which I may have therein I give and devise unto my wife Elizabeth Andrews all that messuage or tenement and premises with the appurtenances which I purchased of Mr James Rose and wherein I now dwell situate and being in Bampton aforesaid To hold the same unto my said wife Elizabeth and her assigns for and during the term of her natural life she keeping the same in repair and upon her decease I give the same my daughter Elizabeth Cecilia Ann the Wife of George Gillett of Brize Norton Oxon To hold to her my said daughter for and during the term of her natural life for her own sole and separate use and benefit independent of her husband and to be entirely free from his debts contracts control and engagements and upon the decease of my said daughter Elizabeth Cecilia Ann I give the same to the said George Gillett and To hold to him and his assigns for and during the term of his natural life and upon the decease of the survivor of them my said wife and daughter and the said George Gillett I give and devise the same unto my grandson William Gillett (eldest son of my said daughter and the said George Gillett To hold to him the said William Gillett his heirs and assigns for ever I give and devise unto my friend William Angell Smith of Bampton aforesaid Grocer and Draper my son George Andrews and my son-in-law the said George Gillett all and singular my messuages farm lands tenements and hereditaments whatsoever at Clanfield in the said county of Oxford with the appurtenances To hold to them their heirs and assigns for ever upon trust to let and set the same and out of the rents and profits thereof to keep all such parts thereof as may consist of buildings or erections in good and tenantable repair and pay the residue of such rents and profits when and as the same shall be received by them and not by way of anticipation unto my said daughter Elizabeth Cecilia Ann for and during the term of her natural life to be paid into her own proper hands only entirely free from the debts contracts control or engagements of her present or any future husband and for which her receipt alone notwithstanding her present or any future coverture shall be the only sufficient discharge and upon her decease upon trust to pay the said rents and profits unto the said George Gillett and his assigns for and during the term of his natural life and upon the decease of the survivor of them my said Daughter and son-in-law George Gillett upon trust to make sale and dispose of the said Estates and Hereditaments so as aforesaid mentioned to be situate at Clanfield in the manner hereinafter directed and stand possessed of the money to arise by such sale or sales Upon trust after paying the expenses of and attendant thereupon to pay share and divide the residue unto and equally between all and every the Child or children of the said Elizabeth Cecilia Ann Gillett by her present husband that shall be living at the decease of the survivor of them the said George Gillett and Elizabeth Cecilia Ann his wife as and when they shall severally attain the age of twenty one years being a Son or Sons or being a daughter or daughters shall attain that age or be married And in case any or either of such child or children shall happen to die before the period of vesting hereinbefore named leaving lawful issue such issue shall stand in the place of his her or their respective parent or parents I give and bequeath unto Sarah Andrews (Widow of my late son William) the sum of nineteen guineas I give and bequeath unto my said wife all my household furniture wearing apparel plate goods chattels and effects in and about my dwelling house for her own absolute use and benefit I give and bequeath to the Vicars and Churchwardens of Bampton aforesaid the sum of one hundred and thirty five pounds sterling upon trust to invest the same in some or one of the Public Stocks or Funds of Great Britain in the names of the said Vicars and Churchwardens for the time being and to give away and distribute the interest dividends and annual proceeds thereof unto and amongst such of the poor of the Township of Bampton aforesaid on Saint Thomas's Day yearly for ever in such sums shares and proportions as they the said Vicars and churchwardens for the time being shall in their discretion think most proper All the rest residue and remainder of my real and personal estate whatsoever and wheresoever and of what nature or kind soever the same may be and all my ready money and security for money not hereinbefore by me disposed of I give devise and bequeath to the said William Angell Smith George Andrews and George Gillett to hold the same to them their heirs executors administrators and assigns according to the natures and tenures of the same several estates and property upon trust as to the real and personal estate not belonging to me beneficially but as a Trustee or mortgagee to dispose thereof according to the ____ affecting the same and as to the real and personal estate belonging to me beneficially upon the several trusts and to and for the several ___ intents and purposes hereinafter declared of and concerning the same that is to say upon trust in the first place to pay to the said William Angell Smith the sum of five pounds as a remuneration for the trouble he will be put to in the execution of the trusts of this my will and then immediately after my decease by Sale of such part of my residuary personal estate as shall be in its nature saleable and by sale or mortgage of such part of my residuary estate as ___ with the money to arise from my residuary personal estate be sufficient to levy and raise an annuity clear yearly rent charge or annual sum of forty pounds and to pay the same by equal half yearly payments unto my said wife Elizabeth Andrews for and during the term of her natural life and then upon further trust by the ways and means aforesaid to levy and raise one other annuity clear yearly rent charge or annual sum of Twenty pounds and to pay the same by equal half yearly payments unto my sister Mary the wife of Robert Sparrowhawk of Aston for and during the term of her natural life for her own sole and separate use and benefit entirely free from the control debts or engagements of her present or any future husband and for which her receipt alone notwithstanding her present or any future coverture and when and as the same shall become due and not by way of anticipation shall be the only sufficient discharge and then upon trust by the ways and means aforesaid to levy and raise one other annuity clear yearly rent charge or annual sum of forty pounds and to pay the same by equal half yearly instalments unto my said daughter Elizabeth Cecilia Ann Gillett for and during the term of her natural life for her own sole and separate use and benefit entirely free from the control debt or engagements of her present or any future husband and for which her receipt alone notwithstanding her present or any future covertures and when and as the same shall become due and not by way of anticipation shall be the only sufficient discharge and from and after the decease of my said daughter Elizabeth Cecilia Ann then upon trust to pay the said last mentioned annuity clear yearly rent charge or annual sum of forty pounds in like payments unto the said George Gillett for and during the term of his natural life and from and after the decease of the survivor of them the said George Gillett and Elizabeth Cecilia Ann his wife then upon trust to levy and raise by the ways and means aforesaid the sum of one thousand pounds sterling and to pay and divide the same unto and equally between all and every the child or children of the said Elizabeth Cecilia Ann Gillett by her present husband that shall be living at the decease of the survivor of them the said George and Elizabeth Cecilia Ann Gillett his wife as and when they shall severally attain the age of twenty one years being a son or sons or being a daughter or daughters shall attain that age or be married and in case any or either of such child or children shall happen to die before the period of vesting hereinbefore named leaving lawful issue such issue shall stand in the place of his her or their respective parent or parents and then upon trust by the ways and means aforesaid to levy and raise the sum of one hundred and fifty pounds and pay the same unto my said grandson James Andrews and then upon trust by the ways and means aforesaid to levy and raise the sum of one thousand pounds and invest the same at interest upon Government or real security and pay the same unto my grandsons Charles and John and my Granddaughters Ann Louisa and Amelia the sons and daughters of my said late son William in equal shares when they shall severally attain their respective ages of twenty one years being a son or sons or daughter or daughters shall severally attain that age or be married with the accumulations of interest in the meantime and I direct that my said Grandson John Andrews shall account to my estate out of his share for any sum or sums of money in which he may stand indebted to me at the time of my decease and that such sum as accounted for shall form part of my residuary property and in case he shall happen to owe to my estate more than his share then I forgive him the residue and direct the securities if any to be given up to him And case any one or more of my last named grand children shall happen to die before me without leaving lawful issue him her or them surviving the share or shares of him her or them so dying shall go and belong to and equally amongst the survivors or survivor of them and so of any accruing share or shares but if such grandchild or grandchildren so dying should leave lawful issue him her or them surviving such issue shall stand in the place of and take the share of his her or their respective parent or parents and from and after such several payments and investments as aforesaid and expenses thereof and subject thereto I give devise and bequeath my said residuary real and personal estate unto my said son George Andrews his heirs executors administrators and assigns for ever to and for his and their own absolute use and benefit provided always and I hereby declare that for the purpose of effecting a sale or sales of any portion of my said real estate hereinbefore directed it shall be lawful for my said Trustees to sell the same either together or in parcels and by Public auction or private contract to any person or persons willing to become the purchaser or Purchasers thereof for such price or prices as to them my said Trustees shall seem reasonable and subject to such conditions and stipulations as the state of the title may require with full power to enter into make and execute all necessary Contracts agreements conveyances deeds and acts as may be necessary for perfecting the sale and conveyance thereof I appoint the said William Angell Smith George Andrews and George Gillett joint executors and trustees of this my will hereby revoking all former and other wills by me at any time heretofore made provided always and I hereby authorize and empower the Trustees or trustee for the time being of this my will to pay any debts claimed against me or against my estate upon any ___ they shall think proper to admit and to adjust settle compromise and compound all accounts reckonings transactions matters and things depending at the time of my decease between me and any other person or persons whatsoever and to accept any security real or personal for any debt or debts owing to me and to allow such time for the payment thereof as to him or them shall seem reasonable and to refer any matters in difference relating to my affairs to arbitration And I declare that it shall be lawful for the trustees or trustee for the time being of this my will to sign and give any receipt or receipts for any sum or sums of money payable to them or him under or by virtue of this my will and any person or persons paying to them or him any such sum or sums of money and taking them or his receipt for the same respectively shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or in anywise bound or concerned to see to the application of the money in the said receipts mentioned or acknowledged to have been received Provided always and I further declare that all the powers authorities and discretions herein given to the trustees and Executors in my will named shall extend to the Trustees and Executors for the time being of this my will I declare that if either of my said Trustees herein named shall die in my lifetime or shall refuse to accept the Trust of my will or in case any Trustee for the time being shall die or become unable or unwilling to act then I empower the surviving or continuing Trustees or Trustee competent to act (whether desirous of being discharged or not) or if there shall be none such then the Executors or administrators of the last surviving Trustees by any deed in writing to appoint any person or persons in the room of such deceased refusing retiring or incompetent Trustee or Trustees and by force of every such appointment as aforesaid all the authorities and discretions given or expressed to be given to the deceased refusing incapacitated or discharged Trustee shall be conferred upon the appointed Trustee or Trustees in whom either alone or (as the case may be) jointly with the surviving or continuing Trustee or Trustees my trust property shall vest or by proper ___ be vested Provided always and I hereby further expressly declare that the said several Trustees hereby appointed and to be appointed as aforesaid and each and every of them and also my executors and the heirs executors administrators and assigns of all each and every of them shall be charged and chargeable respectively only as they (Wm. Andrews) respectively shall actually receive by virtue of the trusts hereby reposed in them notwithstanding their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and every one or more of them shall not be answerable or accountable for the others or other of them or for involuntary losses or for any banker broker or other person in whose hands my money shall be deposited for safe custody nor for any loss which shall happen by or through the inefficiency or deficiency of any fund or security in or upon which any of the said trust money shall be invested for the time being unless the same shall arise or ___ by or through their respective wilful default or neglect and also that it shall and may be lawful to and for my said Trustees and executors and the Trustees and executors for the time being of this my will or their respective heirs executors and administrators with and out of the trust premises or therents issues profits dividends interests and proceeds thereof and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and reimburse themselves respectively and also allow to his and their Co trustees and Co trustee executors and executor all such costs charges damages and expenses fees to counsel and others for advice if they deem it necessary as they or either of them shall or may suffer sustain expend disburse be at or be put unto in or about the aforesaid trusts and executorship or any of them or in relation thereto In witness whereof I the said William Andrews the testator have to this my last Will and Testament contained in eight sheets of paper set my hand the day and year first before written - Wm. Andrews – signed by the said testator as and for his last will and testament in the joint presence of us present at the same time who at the request in his presence and in the presence of each other have hereunto subscribed our names as witnesses – James Rose Sol. Bampton – R.H. Bullen Sol. same place. ========================== Codicil 7 Jun 1851 This is a codicil to my Will of the sixteenth day of February one thousand eight hundred and fifty Whereas I have in my said Will directed my Trustees to raise the sum of one hundred and fifty pounds and pay the same to my Grandson James Andrews Now I hereby declare that they shall raise and pay him the sum of one hundred pounds only instead of the first mentioned sum And I have also directed my Trustees to raise the sum of one thousand pounds and pay the same to my Grandsons Charles and John and my Granddaughters Ann Louisa and Amelia in manner therein mentioned Now I hereby declare that they shall raise the sum of eight hundred pounds only and that my grandson John shall have no share therein but the same shall be divided subject to the same trusts as set forth in my Will between my said grandson and granddaughters Charles Ann Louisa and Amelia in manner in the said Will mentioned and the legacies to my granddaughters shall be paid into their own proper hands only and their respective receipts alone shall be the only proper discharge for the same notwithstanding their present or any future coverture and shall not be subject to the debts control interference or engagements of their present or any future husbands and it shall be lawful for my said Trustees to make any such settlement of the same respective legacies to the separate use of my said granddaughters as any one of them may request in writing to be done for her benefit notwithstanding such coverture as aforesaid I revoke all bequests and devises in my will in favour of my said grandson John Andrews but forgive him any debt he may owe me at the time of my decease I give the allotment of land in Norton Meadow near Clanfield in the occupation of Richard Lay lately allotted to me under the Inclosure there with the appurtenances to my son George Andrews immediately upon my decease To hold to him his heirs and assigns for ever I give to my granddaughter Susan Gillett my newly built Cottage and appurtenances near (– Wm. Andrews -) Cow Leys Corner in Weald in the occupation of William Hughes To hold to her her heirs and assigns for ever if she shall attain the age of twenty one years the rents in the meantime to form part of my residuary estate I give to my grandson John Gillett All that my newly built Cottage with the garden and appurtenances in Weald aforesaid in the occupation of Thomas Radband To hold to him his heirs and assigns for ever if he shall attain the age of twenty one years the rents in the meantime to form part of my residuary estate I give unto my grandson Joseph Gillett all that my Cottage with the appurtenances which I have bought of James Pettyfer's Trustees in Cat Street Bampton now in the occupation of John Johnson To hold to him his heirs and assigns for ever if he shall attain the age of twenty one years the rents in the meantime to form part of my residuary estate And I confirm my said Will in all other respects In witness whereof I the said William Andrews the testator have to this a Codicil to my last Will and testament contained in two sheets of paper set my hand this Seventh day of June one thousand and fifty one – Wm. Andrews – Signed by the said testator as and for a Codicil to his last Will and testament in the joint presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses after the erasure of the word “account” and substitution of the word “estate” in the fourth line of this sheet – James Rose – Edw. Williams of Buckland. ========================== Codicil 3 Feb 1854 This is a second Codicil to my annexed Will I give and devise all that messuage or tenement Butchers Shop Slaughter House outbuildings premises and appurtenances now in the occupation of my grandson John Andrews and also the garden opposite adjoining the premises late Thomas’ Collins also in his occupation and the cottage and premises adjoining the said garden in the occupation of James Wyatt and the Stable Carthouse Pigstyes and other erections near and all appurtenance to the same respective premises belonging unto my said grandson John Andrews To hold to him his heirs and assigns for ever I declare that the bequest made for the benefit of the Poor of the Township of Bampton is to be understood to include the Poor of Weald I confirm my said Will in all other respects as witness my hand this third day of February one thousand eight hundred and fifty four - Wm Andrews – Signed by the said testator as and for a second Codicil to the last Will and testament in the joint presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses – James Rose – Wm. Plaster his clerk. This will (with two codicils thereto) was proved at Oxford on the Fourteenth day of November in the year of our Lord 1856 before The Reverend Dacres Adams Clerk Master of Arts Surrogate of The Worshipful Robert Joseph Phillimore Doctor of Law Official Principal of The Venerable ___ The Archdeacon of the Archdeaconry of Oxford lawfully constituted By the oaths of William Angell Smith and George Andrews two of the Executors therein named to whom admon was granted they being first sworn duly to administer Power reserved for making a like grant to the other executor Effects under £300. Resworn at Stamp Office Feb 7 1860 under £800. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||