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Will of William COX Sr
of Dorchester
Will 11 Sep 1822 Probate 17 Feb 1823 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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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 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... William Cox the elder of Dorchester ... gentleman ...
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As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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William Cox This is the last Will and Testament of me William Cox the Elder of Dorchester in the county of Oxford Gentleman I give and devise the messuage or tenement wherein I now dwell with the garden orchard and appurtenances belonging thereto which I lately purchased of Mr William Bowell Sheen situate and being in Dorchester aforesaid unto my eldest son John Cox and his Assigns for and during the term of his natural life and from and after his death to his wife Elizabeth and her assigns for and during the term of his natural life and from and after the decease of my said son and his wife I give and devise the said messuage or tenement and hereditaments unto and to the use of my grandson William Lamb Cox the eldest son of my said son John his heirs and assigns for ever Provided always and it is my Will that it shall lawful for my beloved wife Esther to continue the occupation of the said premises but not to let the same for and during so long time after my death as she shall think proper at and under the yearly rent of ten pounds to commence from the day of my death and to be payable by equal half yearly payments free of all manner of taxes and deductions whatsoever parliamentary and others and my said wife keeping the premises in good repair and condition casualties by fire excepted I give & devise unto my son William Cox all those my seven acres of freehold meadow ground lying and being in a certain meadow called the Lock? meadow in Dorchester aforesaid And all that my messuage or tenement with the orchard close and appurtenances to the same belonging situate and being in Dorchester aforesaid which I lately purchased of Stephen Savory Simpson And also all that my orchard lying and being near to the Crown Inn in Dorchester aforesaid and all sum and sums of money benefit and advantage whatsoever which may become due or accrue upon by virtue of the Policy of Assurance which I lately effected in the Sun Life Assurance Office I lately unto my said son William his heirs executors and administrators and assigns respectively according to the nature thereof respectively and as to such parts of the said estates as are not of freehold tenure for and during the several lives for which the same are respectively holden and the lives & life of the survivors and survivor of them and for and during all other my estates and interests therein but subject nevertheless as to the said several acres of ffreehold meadow ground with their appurtenances to & I do hereby expressly charge the same with the payment of one annuity or yearly rent charge of ten pounds unto my said wife and her assigns for and during the term of her natural life by equal half yearly partes? clear of all manner of taxes and deductions whatsoever Parliamentary and others and the first payment thereof to be made at the end of six calendar months next after my decease and the same to be recovered when in arrear by distress and sale in like manner as rents in arrear are recoverable between landlord and tenant I give and devise unto my son Robert Cox All that my messuage or tenement with the Bakehouse outbuildings and appurtenances to the same belonging situate and being in Dorchester aforesaid now in his occupation and to which I am entitled for the lives of William Hester and my sons William and Benjamin Cox and the life of the longest liver of them And also all that my close of Arable land and small garden adjoining in Dorchester afores'd containing one acre or thereabouts commonly called or known by the name of Chamber's Close to which I am entitled for the life of Martha Adams and my freehold half acre of land adjoining thereto And also all that my close of am entitled for the lives of Henry Thomas and Sarah Brain and the life of the longest liver of them To hold the said several premises last above devised with their appurtenances unto my said son Robert his heirs executors administrators and assigns respectively according to the nature of the tenure thereof and as to such parts of the same as are not of freehold tenure for and during the several holden and the lives and life of the survivors and survivor of them and for and during all other my estates and interests therein but subject nevertheless to and I do hereby expressly charge the said several premises above devised to my son Robert and every part thereof with the payment of one annuity or yearly sum of ten pounds unto my said wife and her assigns during her life at such times and to be recovered by distress on all or any part of the premises chared therewith in like manner as I have hereinbefore directed with respect to the said other annuity or yearly sum of ten pounds charged on the William Provided always and it is my Will and I do hereby declare that the provision hereinbefore and hereinafter by me made for my said wife shall be received and taken by her in full bar and satisfaction of all such dower and thirds customary or other rights or interests whatsoever as she may upon my decease become entitled to or could otherwise have or claim in to or out of all or any of my freehold and copyhold or customary estates above devised and I direct that my said wife shall upon the request and at the costs and charges of the person or persons respectively entitled to the said several devised premises release to him and them respectively all such dower and thirds customary and other rights and interest accordingly I give unto my said wife the dividends thousand one hundred pounds stock part of my stock in the New four pounds percentum annuities for and during the term of her natural life & from and immediately after her decease I give eight hundred and forty pounds stock part of the said two thousand one hundred pounds stock annuities unto my further part to my son George and the remaining four hundred and twenty pounds stock unto my said sons John William and Robert in equal shares and proportions I devise and bequeath unto my said sons Benjamin and George the legacy or sum of one hundred pounds apiece of lawful money current in Great Britain to be paid unto them respectively within six calendar months next after my decease I give and bequeath unto my daughter Elizabeth Cox the legacy or sum of five hundred and twenty five pounds stock further part my stock in the four per cent annuities to be transferred to her as soon as may be after my decease absolutely for her own use and benefit And I give and bequeath unto my said sons William and Benjamin Cox their executors and administrators the sum of five hundred and twenty five pounds stock further part of my said stock in the said new four pounds per centum annuities to be transferred unto them as soon as may be after my death but nevertheless upon the following trusts that is to say upon trust to pay the dividends thereof as the same shall arise and be received unto such person or persons and for such intents and purposes as my said daughter Elizabeth shall from time to time during her life whether covert or sole and notwithstanding her coverture by any note or writing under hand order or direct but so that she thereby do not dispose of the same or any part thereof in the way of mortgage sale or otherwise by any mode of anticipation and in default of such order or direction unto her own hands to the intent that the same may be for her own sole separate and peculiar use and benefit and in no case subject or liable to the debts control or engagements of any husband with whom she may intermarry and the receipts of my said daughter Elizabeth alone or of the person or persons to whom she shall order and direct the said dividends or any part thereof to be paid as aforesaid shall from time to time notwithstanding her coverture be good and sufficient discharges for the same and from and after the decease of my said daughter Elizabeth in case she shall happen to leave any husband surviving her then upon trust to pay unto or authorize and empower such husband and his assigns to receive and take the said dividends for and during the term of his natural life and from and after the decease of the survivor of my said daughter Elizabeth and any husband whom she may marry then to assign or transfer the capital of the said last mentioned five hundred and twenty five pounds stock unto and amongst all and every the child and children of my said daughter Elizabeth which shall be then living and the issue if any of such of them as may then happen to be dead leaving issue in equal shares and proportions yet so nevertheless as that the issue of any deceased child or children respectively shall only take between them the like share as his her or their parent or respective parents would have taken if living and the dividends of the respective shares of such child or children and issue I direct shall during their respective minorities be applied for their respective maintenance or otherwise for their benefit but in case my said daur’ shall not happen to marry or marrying there shall not be any child of hers nor issue of any living at the time of the decease of the survivor of her my same daughter and her husband then from and after her dece’ or the decease of the survivor of her and her said husband as the case may be to pay assign and transfer the capital of the said stock between my said five sons John William Robert Benjamin and George their executors and administrators in equal shares and proportions And I give and bequeath unto my said sons William and Benjamin their executors and administrators the further sum of five hundred and twenty five pounds stock in the said four per centum annuities to be transferred unto them as soon as may be after my decease Upon trust to pay the dividends thereof as the same shall arise and be received unto my daughter Margaret for her separate use during the term of her natural life and after her decease to pay the said dividends thereof to any husband that she may happen to leave and his assigns for the term of his life and after the decease of the survivor of them my said daughter Margaret and any husband whom she may happen to marry then to transfer the capital to the child or children and issue of my of the survivor of her and any husband whom she may marry and to apply the dividends and produce of their respective shares for their benefit during minority in such and the same manner in every respect as I have hereinbefore directed concerning the said other sum of five hundred and twenty five pounds stock hereinbefore given to the said Trustees for the benefit of my daughter Elizabeth her husband and issue but in case there shall not be any child of hers nor issue of any living at the time of the death of the survivor of her my same daughter and her husband then from and after the decease of the survivor of her and her said husband In trust to assign and transfer the capital of the same sum of five hundred and twenty five pounds stock unto my said five sons John William Robert Benjamin and George in equal shares and proportions I give unto my said wife the use and wear of all my household goods & furniture linen Plate china and household effects whatsoever for and during the term of her natural life and from and immediately after her decease I give and bequeath the same household goods and furniture linen Plate china and household effects unto and between my said sons John William Robert Benjamin and George Cox and my said daughters Elizabeth and Margaret equally to be divided between them share and share alike and as to all my ready money debts owing money in the public stocks or funds personal estate and effects whatsoever and where soever and of what nature or kind soever not hereinbefore disposed of after payment of my just debts the legacies aforesaid and my funeral and testamentary expences I give and bequeath the same and every part thereof unto my said wife Esther absolutely for her own use and benefit And I do hereby declare that my said Trustees and each of them and their respective executors and administrators shall be charged and chargeable only with and for such money as they shall respectively actually receive by virtue of the trusts aforesaid and that one of them shall not be answerable or accountable for the other of them but each of them for his own executors and administrators acts receipts neglects and defaults their joining in receipts for conformity only notwithstanding neither shall they or either of them be answerable or accountable for any Bank Banker Broker or other person in which or with whom the said trust monies or any part thereof shall or may be deposited or left for safe custody or otherwise nor for any other misfortune loss or damage which may happen in the execution of the said Trusts or in relation thereto unless the same shall happen by or through their own respective wilful defaults or neglects And also that the said Trustees and each of them and their respective executors and administrators shall by and out of such monies as shall come to their respective hands by virtue of the aforesaid Trusts retain to and reimburse him and themselves respectively all costs charges damages and expences whatsoever which they shall respectively sustain expend or be put unto in or about the execution of the aforesaid Trusts or in relation thereto and I do hereby constitute & appoint my said wife Esther and my said sons William & Benjamin Cox void all former and other Wills by me made do declare this to be my only last Will and Testament In witness whereof I have to this my last Will and Testament contained in six sheets of paper set my hand to each sheet thereof and to the last of them my seal also this eleventh day of eight hundred and twenty two = William Cox Senr = Signed sealed published and declared by the said William Cox the elder the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto = Henry Wilmot Senr. Tailor Dorchester Henry Wilmot Junr of the same place John A Hedges Attny at Law Wallingford Proved at London 17th ffeby 1823 before the Worshipful Joseph Phillamore Doctor of Laws & Surr' sworn by the oaths of William Cox & Benjamin Cox the sons two of the Executors to whom Admon was granted having been first sworn duly to adm'r Power reserved of making the like Grant to Esther Cox widow the relict the other Exor. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||