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Will of Catherine CHARLTON of Summertown

Will 12 May 1864   Codicils 23 Nov 1864 & 31 Dec 1864   Probate 31 Mar 1865

Source: unknown (York Registry)
Contributed by: Alison Gossler Go to Translation Go to Transcript
Summary.
I Catherine Charlton of Summertown ... Widow ...

NameRelationship[Comments] or Major Bequests
Catherine CHARLTON Summertown
William JOHNSONTrustee (Exec)
Joseph CARTERTrustee (Exec)
Elizabeth HYDELegatee
George CHARLTONSon
Jack CHARLTONSonDeceased
Eliza CHARLTONDaughter-in-law[widow of Jack]
Josiah William CHARLTONSonDeceased
Ann GADNEYDaughter
Richard GADNEYSon-in-law
Sarah Edith CHARLTONGranddaughter[d Josiah W, age about 10]
Henry CHARLTONGrandson[s Josiah W]
Jane CHARLTONGranddaughter[d Josiah W]
Emily CHARLTONGranddaughter[d Jack]
Henry CHARLTONGrandson[s George]
Henry CARRNephew
Daniel CHAPMANTenant
- MATTHEWSTenant
Miss GALPINTenant
William Frederick HODGKINSTenant
William DAVISMention
 
William HALEWitness
Edward W HAZELWitness
 
Probate 31 Mar 1865 with two Codicils ... died 13 Feb 1865 at Summertown ... William Johnson ... and Joseph Carter ... Executors named ...
Effects under 2,000, including Leaseholds.
Transcriber's Notes
Died 13 Feb 1865 South Parade, Summertown
The following details are believed to be true but should not be totally relied upon:
Testatrix: nee NORGROVE, daughter of John (1824 qv) & Ann (1840 qv)
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
I Catherine Charlton of Summertown ... Widow ...
  • I revoke all former wills ...
  • I appoint my friends William Johnson of George St Oxford, wheelwright, and Joseph Carter, servant at St John's College Oxford, as my Executors and Trustees, and give them 19 19s apiece for their trouble.
  • I give Elizabeth Hyde of Summertown, widow, 19 19s in acknowledgement of her kind attention to me during the many years I have lodged with her.
  • I give my son George Charlton 10 for mourning for himself and family.
  • To Eliza Charlton the widow of my son Jack Charlton 10 for mourning for herself and family.
  • To my daughter Ann Gadney 10 for mourning for herself and her husband.
  • I give to Sarah Edith Charlton, daughter of my deceased son Josiah William Charlton, (now about 10 years old) 50 to be invested by my Executors and paid to her with interest etc when she reaches 21.
  • I give my five messuages and premises in Upper Walton Street, Oxford, (leasehold under Saint John's College) and 200 in money to my son George Charlton absolutely.
  • I give to William Johnson and Joseph Carter my four messuages and premises at Hythe Bridge, Oxford, (leasehold under the City of Oxford) Upon Trust to [sell them] and invest the proceeds (after expenses) in Government stocks etc for the following purposes:
    • To pay the income to Henry and Jane Charlton the two children of my deceased son Josiah William Charlton (or to accumulate the proceeds if myTrustees think it better) until the younger of the two reaches 21.
    • Then to divide the principal plus any accumulations equally between them.
    • If Jane Charlton has died, to pay the whole to Henry Charlton.
    • If Henry Charlton has died, to pay half to Jane Charlton and half to my granddaughter Emily Charlton daughter of my deceased son Jack Charlton.
  • I give all my household goods and furniture, clothes and wearing apparel to my daughter Ann Gadney the wife of Richard Gadney absolutely.
  • I give my messuage and premises in Broad St Oxford now in the occupation of Daniel Chapman, watchman, (leasehold under the City of Oxford) and my freehold house workshop and premises in the High St, Saint Clements, Oxford, now in the occupation of Matthews, baker, to my Trustees, Upon Trust:
    • To pay the income to Eliza Charlton the widow of my son Jack during her widowhood or until her youngest child reaches 21, for the benefit of all her children.
    • If she remarries before that time then my Trustees shall apply the income for the benefit of all Jack's children until the youngest reaches 21.
    • When the youngest reaches 21 [my Trustees shall sell the properties] and divide the proceeds (after expenses) equally between Jack's surviving children.
    • I give my Trustees 50 to invest to pay for any necessary renewals of the [Broad St] lease, and I direct them to divide any post-sale surplus in the same manner as above.
  • I give my granddaughter Emily Charlton who has lived with me for some time 50.
  • I give my freehold house and premises in the High St, Saint Clements, Oxford, now in the occupation of Miss Galpin, to my daughter Ann Gadney for life.
  • After her death I give it to her husband Richard Gadney for life.
  • After the death of the survivor I give it to my Trustees on the same trusts as for the residue of my property (below).
  • I give my freehold house and premises in the High St, Saint Clements, Oxford, now in the occupation of William Frederick Hodgkins to my son George Charlton his heirs etc forever.
  • I give my freehold messuage and premises known as "The Bell" in Cornmarket St, Oxford, and all my other real and personal estate, property and effects to my Trustees: To hold to them and their heirs etc Upon Trust, out of the rents and annual proceeds, for the following uses:
    • To pay my daughter Ann Gadney 1 per week for life.
    • After her decease to pay her husband Richard Gadney if he survives her 10/- a week for life.
    • To pay the premiums on the life-assurance of William Davis.
    • To apply the residue of the rents and annual proceeds, after the above payments and deductions for repairs etc, as follows: half to my son George and the other half for the benefit of Jack's children as previously directed.
  • After the death of Ann and Richard Gadney, my Trustees shall sell "The Bell", the freehold house in Saint Clements occupied by Miss Galpin and all my other real and personal estate, property and effects, including the policy on the life of William Davis and the monies assured by it. Out of the proceeds (after expenses) they shall pay:
    • To my grandson Henry Charlton, son of George, 100.
    • Half of the residue to my son George if living, or if dead to his surviving children in equal shares.
    • The other half of the residue to the surviving children of my son Jack in equal shares.
  • [Usual protection for purchasers]
  • [Permission for Trustees to alter their investments]
  • [Instructions for appointment of new Trustees if required]
  • [Usual protection for Trustees against all except neglect and default, and to recover their expenses]

  • Witnesses Wm Hale Edward W. Hazel
=====================================
Codicil 23 Nov 1864
  • I give such portion of my plate as I shall not have already disposed of to my executors and I direct them to sell it and apply the proceeds for the general purposes of my estate.
  • In all other respects I confirm my will.

  • Witnesses Wm Hale Edward W Hazel
=====================================
Codicil 31 Dec 1864
  • If either of my Executors and Trustees dies before the Trusts are fully performed. I appoint my nephew Henry Carr, servant at Magdalen College, Oxford, in his place.
  • I expressly direct that he is to have no power whatever to act unless one of my original Trustees, William Johnson and Joseph Carter, dies.
  • In all other respects I confirm my will and codicil.

    Witnesses Wm Hale Edward W. Hazel
Probate 31 Mar 1865 with two Codicils ... died 13 Feb 1865 at Summertown ... William Johnson ... and Joseph Carter ... Executors named ...
Effects under 2,000, including Leaseholds.
  As transcribed from a copy of the original document.
Original line- and page-breaks are not preserved.
I Catherine Charlton of Summer Town in the county of Oxford, Widow, hereby revoke all former wills by me heretofore made and do declare this to be my last Will and Testament. I appoint my friends William Johnson of George Street in the City of Oxford, Wheelwright and Joseph Carter, Servant at Saint John's College, Oxford, my Executors and Trustees, and I give them the sum of Nineteen pounds nineteen shillings apiece for the trouble they will have in the execution of this my Will. I give to Elizabeth Hyde of Summer Town aforesaid, Widow, the sum of Nineteen pounds nineteen shillings in acknowledgement of her kind attention to me during the many years I have lodged with her. I also give to my Son George Charlton the sum of Ten pounds for mourning for himself and family. To Eliza Charlton the Widow of my son Jack Charlton the like sum of ten pounds for mourning for herself and family - and to my Daughter Ann Gadney the like sum of ten pounds for mourning for herself and her husband. I also give to Sarah Edith Charlton, Daughter of my deceased son, Josiah William Charlton, (now of the age of ten years or thereabouts) the sum of Fifty pounds and I direct that the said sum shall be invested by my Executors and paid to her with all accumulations and interest thereon on her attaining the age of twenty one years. I give and bequeath my five messuages and premises in Upper Walton Street, Oxford, (Leasehold under Saint John's College) and also the sum of Two hundred pounds in money to my said Son George Charlton absolutely. I give and bequeath to the said William Johnson and Joseph Carter my four messuages and premises at Hythe Bridge, Oxford, (Leasehold under the City of Oxford) Upon trust as soon as conveniently may be after my decease to sell and dispose of the same either by public auction or private contract as they shall think fit and to invest the proceeds of such sale (after payment of all expenses attending the same) in the Parliamentary Stocks or Funds or upon mortgage of real Estate and to pay the dividends or interest thereof to Henry Charlton and Jane Charlton the two children of my said deceased Son Josiah William Charlton (or to accumulate the said dividends or interest if my said Trustees think better so to do) until the youngest of the said Henry Charlton and Jane Charlton shall attain the age of twenty one years. And then Upon trust to divide the Principal and accumulations (if any) equally between the said Henry Charlton and Jane Charlton or if the said Jane Charlton shall then be dead then to pay the whole to the said Henry Charlton. If however the said Henry Charlton shall be then dead then Upon trust to pay one half of the Principal and accumulations to the said Jane Charlton and the other half to my Grand-daughter Emily Charlton daughter of my deceased Son Jack Charlton. I give and bequeath all my household goods and furniture clothes and wearing apparel to my said daughter Ann Gadney the Wife of Richard Gadney absolutely. I give devise and bequeath my messuage and premises in Broad Street in the City of Oxford now in the occupation of Daniel Chapman, Watchman, (Leasehold under the City of Oxford) And my Freehold House workshop and premises in the High Street Saint Clements, Oxford, now in the occupation of Matthews, Baker, to my said Executors and Trustees. To hold the same to them their heirs executors administrators and assigns according to the nature thereof respectively Upon trust to pay the rents and profits thereof to the said Eliza Charlton the Widow of my said Son Jack Charlton during her Widowhood or until the youngest of her children shall attain the age of twenty one years for the benefit of all her children. If however she shall marry before the youngest child shall attain the age of twenty one years then Upon trust that my said Trustees shall apply the said rents and profits for the benefit of all the Children of my said Son Jack Charlton until the youngest of them shall attain the age of twenty one years. And immediately after the youngest of such children shall have attained the age of twenty one years Upon trust to sell the said Leasehold and Freehold messuages and premises either by public auction or private contract as my said Trustees shall think fit and to divide the proceeds of such sale (after payment of all expenses attending the said sale) equally between all the children then living of my said Son Jack Charlton. I give and bequeath to my said Executors and Trustees the sum of Fifty pounds which I direct them to invest and accumulate for the purpose of paying any renewals which may be necessary of the last mentioned Leasehold messuage and premises - and I direct them to divide any surplus which may remain after the sale of the said messuage and premises in the same manner as hereinbefore directed concerning the proceeds of the sale of the said messuage and premises. I give to my Grand-daughter Emily Charlton who has lived with me for some time the sum of Fifty pounds. I give and devise my freehold house and premises in the High Street, Saint Clement's, Oxford, now in the occupation of Miss Galpin to my daughter the said Ann Gadney for her life. And after her death I give the same to her husband the said Richard Gadney if he shall survive her for his life. And after the death of the survivor I give and devise the same to my said Trustees Upon the trusts hereinafter mentioned concerning the residue of my property. I give and devise my freehold house and premises in the High Street, Saint Clement's, Oxford, now in the occupation of William Frederick Hodgkins unto and to the use of my said son George Charlton his heirs and assigns for ever. I give devise and bequeath my freehold messuage and premises known by the sign of "The Bell" in Cornmarket Street, Oxford, and all other my real and personal Estate, property and Effects of every description unto my said Trustees To hold the same unto them their heirs executors administrators and assigns according to the nature thereof respectively Upon trust out of the rents and annual proceeds thereof to pay to my daughter the said Ann Gadney the sum of One pound per week for and during the term of her natural life. And after her decease to pay to her husband the said Richard Gadney if he shall survive her the sum of Ten shillings a week for and during the term of his natural life. And to pay the premiums upon an Assurance on the life of William Davis. And to pay and apply the residue of the said rents and annual proceeds after the before mentioned payments and after all other necessary deductions for repairs or otherwise as follows:- namely, One equal half part thereof to my said Son George and the other half part thereof to or for the benefit of the children of my said Son Jack Charlton in the same manner as hereinbefore directed concerning the rents of my Leasehold house in Broad Street, and freehold house workshop and premises in the High Street, Saint Clement's. And from and immediately after the decease of the said Ann Gadney and Richard Gadney Upon trust that my said Trustees shall sell the said Freehold house and premises called "The Bell", the said Freehold House in Saint Clement's occupied by Miss Galpin and all others (if any) my real and personal Estate, property and Effects of every description including the said Policy on the life of William Davis and the monies assured thereby either by public auction or private contract as they shall think fit. And out of the proceeds of such sale (after payment of all expenses attending the same) to pay to my Grandson Henry Charlton, Son of my Son George Charlton the sum of One hundred pounds and to pay one half of the residue to my said Son George Charlton if living or if dead to his Children then living, in equal shares, and to pay the other half of the residue to the Children then living of my said Son Jack Charlton in equal share. And it is my Will that all receipts and discharges for money given by my said Trustees in the execution of the trusts hereof and whether for the consideration money on the sale of my real and leasehold estates or otherwise shall be good and effectual discharges to the person or persons from whom such money shall be expressed to be received and that such person or person whether purchasers or otherwise shall not be obliged to see to the application or be answerable or accountable for the misapplication therof. And also that it shall be lawful for my said Trustees on which any part of my property may from time to time be invested and to reinvest the same in the public Funds or on other Government or real securities. And also that in case of the death refusal to act desire to be discharged incapacity or absence beyond the Seas of any or either of my said trustees then it shall be lawful for the survivors or survivor or others or other of them or the executors or administrators of the last survivor by writing under his her or their hand or hands to appoint a new Trustee or Trustees in the room of such Trustee so dying refusing desiring to be discharged becoming incapable to act or going beyond the seas and that such trustee or trustees shall have the same power to act in the execution of this my Will as Trustee and Executor as if he she or they had been herein named and appointed. And also that until such new trustee shall be appointed all powers and authorities hereby given to my said Trustees shall survive to the survivors or survivor of them his or her heirs executors or administrators according to the nature thereof. And also that none of my said Trustees shall be chargeable except for such monies as shall actually come to their respective hands notwithstanding their joining in receipts for the sake of conformity nor be answerable or accountable for the acts deeds or defaults of the others or other of them nor for involuntary losses not accasioned by his or their wilful neglect or default. And also that it shall be lawful for my said Trustees to reimburse themselves respectively out of the said Trust Estate all expenses and damages which they shall be at or sustain in the execution of this my Will. In Witness whereof I have to each of the four sheets hereof set my hand this twelfth day of May in the year of our Lord one thousand eight hundred and sixty four.
Catherine Charlton------------ Signed by the Testatrix Catherine Charlton as and for her last Will and Testament in the presence of us both present at the same time who in her presence and in the presence of each other have at her request subscribed our names as Witnesses-------Wm Hale----------------------Edward W. Hazel.
=====================================
Codicil 23 Nov 1864

I declare this to be a Codicil to my Will. I give such portion of my plate as I shall not have given away or disposed of in my lifetime to my Executors and I direct them to sell and dispose of the same in such manner as they think best and apply the monies arising therefrom for the general purposes of my Estate. In all other respects I confirm my said Will. Witness my hand this twenty third day of November one thousand eight hundred and sixty four -----------Catherine Charlton---------signed by the Testatrix Catherine Charlton as and for a Codicil to her last will and Testament in the presence of us both present at the same time who in her presence and in the presence of each other have at her request subscribed our names as witnesses----Wm Hale-----Edward W. Hazel.
=====================================
Codicil 31 Dec 1864

I the before named Catherine Charlton declare this to be a further Codicil to my last Will and Testament. In case of the death of either of the Executors and Trustees nominated and appointed in and by my said Will before the Trusts thereof shall be full performed. I hereby nominate and appoint my Nephew Henry Carr, Servant at Magdalen College, Oxford, to be Executor and Trustee of my said Will in the place of the Executor and Trustee so dying. And I hereby expressly direct that he is to have no power whatever to act unless and until the death of either of my original Trustees, William Johnson and Joseph Carter. And in all other respects I confirm my said Will and Codicil. In Witness whereof I have hereunto set my hand this thirty first day of December in the year of our Lord one thousand eight hundred and sixty four---------------Catherine Charlton------- Signed by the above named Catherine Charlton as and for a Codicil to her last Will and Testament in the presence of us both present at the same time who in her presence and in the presence of each other have at her request subscribed our names as Witnesses---------Wm Hale----------Edward W. Hazel---------------------
=====================================
On the thirty first day of March 1865, the Will with two Codicils thereto of Catherine otherwise Catherine Charlton late of Summer Town in the County of Oxford, Widow, deceased, who died on the Thirteenth day of February 1865 at Summer Town aforesaid was proved in the District Registry attached to Her Majesty's Court of Probate at Oxford by the Oaths of William Johnson of George Street in the City of Oxford, Wheelwright, and Joseph Carter of the Parish of Saint Giles in the same City, Servant at Saint John's College in the University of Oxford, the Executors named in the said Will they having been first sworn duly to administer.

Effects under 2,000, including Leaseholds.

Extracted by Hester and Hazel, Solicitors, Oxford.
It is hereby certified that the above is a correct copy.
Dated this sixth day of April 1865.