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Will of William FLETCHER of Oxford
Will 21 Jul 1817 Codicils 29 Jul 1817; 7 Oct 1820; 1 Aug 1826 Probate 16 Mar 1827 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Probate 16 Mar 1827 London (PCC) (with three codicils and a memorandum) ... Herbert Parsons Esq and Thomas Robinson Esq (nephew) the Executors ... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Died 27 Dec 1826, aged 87. Codicils (and Memos) as transcribed are not in date-order -- perhaps the clerk in the Oxford solicitor's office (or at the PCC) was given a pile of papers to copy, which had been somehow shuffled. In the "Translation" area below (but not in the "Transcript") that has been corrected. He gave huge legacies to his servants -- £100 in 1817 would be about £7000 today. The first two codicils seem not to have been properly attested when they were written, which may be why they were "published afresh" in 1823. Nieces Catherine F and Rebecca were nee ROBINSON, presumably sisters of Thomas., and there is a May 1776 marriage (at Oxford St Michael) of a Thomas Robinson to a Rebecca Fletcher. Seems quite likely to be the parents, In the "Memos" he describes the three recipients of £1000 as "nephews" and "niece". They are here assumed (in the Summary and Index) to be great-nephews/niece, children of Catherine F, but oddly, although after a 1799 marriage six baptisms are recorded for ch of Thomas & Catherine Roberts, those three are not among them. Users should be aware of the problem. Solicitor Taunton certainly saw a rich man coming, and made the most of it with a fine collection of unnecessary repetition and circumlocution. This is a long and complicated will, and the editor is not at all sure that he has "translated" all of it accurately. Users who really care should study the transcript themselves. The following details are believed to be true but should not be totally relied upon: Testator: Brother of James Jr (1798 qv) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I William Fletcher one of the Aldermen of the City of Oxford ...
Codicil 1 ... 29 Jul 1817
Codicil 2 ... 7 Oct 1820
Codicil 3 ... 1 Aug 1826
Memoranda:
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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 Fletcher Esquire I William Fletcher one of the Aldermen of the City of Oxford being of sound and disposing mind memory and understanding Do make this my last Will and Testament in manner following First I recommend my Soul into the hands of Almighty God trusting in his mercy and to the mediation of my blessed Redeemer for a joyful resurrection to Eternal life and my body I commit to the Earth and desire that the same may be interred in the Parish Church of Yarnton in the County of Oxford and to the Vicar for the time being of the Church for his trouble in performing the burial Service I direct that Thirty guineas may be presented and to the Parish Clerk the Sum of ten guineas I also I give to my Executors hereinafter named the Sum of Two hundred pounds Upon Trust to pay the same to the Treasurer of a Society who call themselves The President and Governors of the Radcliffe Infirmary at Oxford for the relief of the poor from whatever Count each of my Servants who shall be living with me at the time of my decease and who shall have been in my Service seven years the Sum of one hundred pounds but if they or either of them shall not have been seven years in my Service then only fifty pounds each and to the Clerk or Clerks who may be in the Service of myself and partners in the Banking business at the time of my decease I give the sum of fifty pounds each and to Benjamin Burrow if he be in the employment of myself and partners at the time of my decease I give the sum of Twenty pounds also I give to Mary Morris Widow of Yarnton aforesaid the Sum of Twenty five pounds and to each of her three Daughters Elizabeth Jones Rebecca Phipps and Ann Williams the Sum of ten pounds each and my Will is that all the beforementioned Legacies and Sums of Money shall be paid within three months next after my decease and without any abatement or deduction for or on account of any Duty now or hereafter to be in force respecting Legacies or any other matter or thing whatever also I give and bequeath to my Nephew Thomas Robinson all those three Cottages with the appurt’s situate at Yarnton aforesaid and now in the several occupations of Thomas Keen Mary Morris widow and William Cox To hold to the said Thomas Robinson his heirs Executors adm’ors and assigns according to my several Estates and Interest therein respectively and I give to the said Thomas Robinson the Rents due at the time of my decease for and in respect of the said Cottages and Premises deducting the outgoings due from the same I give to my Niece Catherine Frances Roberts Wife of Thomas Roberts all that Leasehold public house called the Vine situate near the Turnpike Road with its appurt’s at Yarnton aforesaid which I purchased of The Rev'd Thomas Saunders now in the occupation of Sarah Lay Widow and also the piece of Garden Ground with the appurt’s also in the occupation of the said Sarah Lay situate on the opposite side of the Road and which I hold on Lease from Sir Henry Dashwood also a piece of Ground in the Lot Mead in Yarnton aforesaid also a piece of Ground in Osney Mead near Oxford which I purchased of Mrs. Horseman also a Messuage or Tenement situate in Broad Street in the City of Oxford held by Lease under the City of Oxford and now in the occupation of John Reynolds Grocer and also a Messuage or Tenement in Holywell Oxford which I hold under Merton College and now in the occupation of Samuel Henley with all the appurt’s to the said respective Premises belonging To hold to the said Catherine Frances Roberts her heirs Executors adm’ors and assigns according to my several Estates and Interest in the said Premises respectively and I give to the said Catherine Frances Roberts the Rents due at the time of my decease for and in respect of the same premises deducting the outgoings due from the same Premises I give and bequeath to my Niece Rebecca West Wife of James West all those Messuages or Tenements with the appurtenances situate at Yarnton aforesaid now in the several occupations of William Eeley and Widow Lindsey and which I hold by Lease from Sir Henry Dashwood and others also that piece of Meadow Ground late Lydia Seeleys situate in Osney Meadow in the Parish of St Thomas in the said City of Oxford also all that Leasehold Messuage or Tenement with the appurt’s situate in Broad Street in the said City of Oxford now in the occupation of Mrs Collis and which I hold by Lease under the Corporation of Oxford and also that Messuage or Tenement situate in the Parish of St Ebbe Oxford now used as a School house with the appurt’s To hold to the said Rebecca West her heirs Executors adm’ors and assigns according to my several Estates and Interest in the said premises respectively and I give to the said Rebecca West the Rents due at my decease for and in respect of the same Premises deducting the outgoings due from the same Premises also I give to my said Nephew Thomas Robinson and my said Nieces Catherine Frances Roberts and Rebecca West the Sum of Five hundred pounds each to be paid to them within six months next after my decease also I give to my said Nephew and Nieces all my Plate Linen and China equally to be divided between them share and share alike I also give to my Niece Catherine Frances Roberts all the fixtures in the house wherein I live and all the Household Goods and furniture therein save and except any part thereof that I may dispose of in any paper signed by me and found at my decease and I give to my said Niece Rebecca West one hundred pounds in consideration that the said Goods and furniture are bequeathed to her Sister I also give to my said Nephew Thomas Robinson all my books and prints except those books or prints that I may dispose of otherwise by any paper signed by me and found after my decease I give and bequeath to my Executors named in this my Will the Sum of Fifty pounds each as an acknowledgement for the care and trouble they may have in the execution of this my Will and I give the like Sum of Fifty pounds to each of the Trustees to my two Nieces named in this my Will for the Trust hereby in them reposed / I give and devise to Joseph Parker of the University of Oxford Bookseller and my said Nephew Thomas Robinson all that Messuage or Tenement with the appurt’s wherein I now reside situate in St Mary Magdalen Parish in the City of Oxford and which I hold by Lease under the said City and also all that freehold Messuage or Tenement with the appurt’s situate in the Parish of St Mary the Virgin in the said City of Oxford and which I purchased of Mr John Ireland To hold to the said Joseph Parker and Thomas Robinson their Heirs Executors adm’ors and assigns according to the nature of my Estate and Interest in the said Premises respectively Upon the Trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned or expressed of or concerning the same respectively that is to say as to for and concerning the first mentioned Messuage or Tenement wherein I now reside with the appurt’s In Trust for my said Niece Catherine Frances Roberts or her assigns for and during the term of her natural life to and for her own sole and separate use and not to be liable to the Debts Engagements or control of her present or any future husband and from and after the decease of my said Niece Catherine Frances Roberts Then In Trust for her husband Thomas Roberts or his assigns for and during the term of his natural life and from and after the decease of the survivor of them my said Niece Catherine Frances Roberts and her husband Thomas Roberts Then In Trust to and for the Eldest Son of my said Niece Catherine Frances Roberts and Thomas Roberts her husband that may be then living his Executors adm’ors and assigns and if one Son only then be living then In Trust for such only Son his Executors adm’ors and assigns and if there be no Son living at the time of the death of the Survivor of them Then In Trust for their Eldest Daughter that may then be living her Executors adm’ors and assigns and should there be only one Daughter living Then In Trust for such only Daughter her Executors adm’ors and assigns The Premises to be assigned and conveyed to such Son or Daughter as the case may be his or her Executors adm’ors and assigns at his or her age of twenty one years and in the meantime the Rents and Profits thereof to be applied and disposed of for and towards his or her maintenance and education and if there should be no Child of my said Niece Catherine Frances Roberts and her husband Thomas Roberts living at the time of the Death of the Survivor of them or being such they shall happen to die before attaining the age of twenty one years without Issue at the time of their Deaths Then In Trust for the Executors adm’ors and assigns of my said Niece Catherine Frances Roberts and as for and concerning the said Messuage or Tenement with the appurt’s which I purchased of Mr. John Ireland In Trust for my said Niece Rebecca West Wife of James West or her assigns for and during the term of her natural life to and for her own sole and separate use and not to be subject to the Debts Engagements or control of her present or any future husband and from and after the Death of my said Niece Rebecca West Then in Trust for the same James West her husband or his assigns for and during the term of her [sic] natural life and from and after the decease of the Survivor of them my said Niece Rebecca West and her said husband James West Then In Trust for the Eldest Son of my said Niece Rebecca West and her husband James West that may be then living and his heirs and assigns and if only one Son be living Then upon trust for such only Son his heirs and assigns and if there should be no Son living at the death of such Survivor of them Then In Trust for their Eldest Daughter that may be then living her heirs and assigns and should there be only one Daughter then living Then In Trust for such only Daughter her heirs and assigns the said Premises to be released and conveyed to such Son or such her heirs and assigns at his or her age of twenty one years and in the meantime the Rents and Profits thereof to be applied and disposed of for and towards his or her maintenance and education and if there should be no Child of my said Niece Rebecca West and her husband James West or being such they shall all happen to die before attaining the age of twenty one years without Issue living at the time of his her or their death Then In Trust for the heirs and assigns of my said Niece Rebecca West Provided and my Will is and I do hereby direct that my said Niece Catherine Frances Roberts and her said husband shall during their respective lives keep in good repair the said Messuage or Tenement and Premises wherein I now reside and shall at all accustomed times of renewal renew the Lease thereof with the Corporation of the said City of Oxford and pay and discharge all the fines and expences incident thereto and that my said Niece Rebecca West and her Husband shall during their respective lives keep in good repair the said Freehold Messuage or Tenement and Premises which I purchased of the said Mr Ireland / and all the Rest and Residue of my Estate and Effects of what nature or kindsoever or wheresoever after the payment of my just Debts Funeral and Testamentary expences and the Legacies and Sum and Sums of money hereinbefore mentioned and the Duty to Government payable thereon I give and bequeath to the Executors in this my Will named and appointed Upon Trust that they do and shall as soon as conveniently may be after my decease sell and convert into money all the same Estate and Effects not being such and not consisting of Canal Bonds and Stock in the public funds [The following six short lines in the margin, to be inserted after "funds"] and the money arising from such estate and effects together with the ready money Canal bonds and Stock in the public funds which I shall die possessed of to divide into three equal parts and pay and transfer one third part or share thereof to my said Nephew Thomas Robinson to and for his own use and benefit and the pay and transfer to the said Joseph Parker and my said Nephew Thomas Robinson upon the Trusts to and for the several ends purposes and interests hereinafter mentioned or declared concerning the same that is to say Upon Trust to place out the said two third parts at Interest on Government or Real Security or Securities and to receive the Interest Dividends and produce thereof as well as of the said two third parts of my said Canal Bonds and Stock in the public Funds at my decease and pay the Interest Dividend and produce of one moiety or half part of such two third parts to my said Niece Catherine Frances Roberts or her assigns for and during the term of her natural life for her sole and separate use and not to be liable to the Debts or Engagements or Control of her present or any future husband and to that end I hereby direct that her receipt alone notwithstanding her Coverture shall be a sufficient discharge to my said Trustees for the same and from and after the decease of my said Niece Catherine Frances Roberts Upon Trust to pay assign and transfer the principal of the said Moiety or half part of the said two third parts unto and amongst all and every the Children of the said Catherine Frances Roberts equally between them share and share alike and if but one then the whole to such only Child but not to be assigned or transferred until such Children or Child shall respectively attain their his or her ages of twenty one years and if any of the same Children shall happen to die before he she or they shall attain their respective ages of twenty one years Then the share or shares of his or her so dying shall go and be transferred to the survivor or survivors equally and I do hereby direct that in the meantime and until the shares of the same Children shall respectively become transferrable my Trustees and the survivor of them his Executors and adm’ors shall and may apply the Interest Dividends and produce of the said moiety or half part of the said two third parts so bequeathed to the Children of the said Catherine Frances Roberts or so much thereof and in such manner without attention to the proportion in which they will be entitled to such moiety as they my said Trustees shall in their discretion think necessary as the same shall from time to time be received for and towards the maintenance and education of the same Children Provided and my Will is that if the said Thomas Roberts shall survive and outlive his said Wife Catherine Frances Roberts then and in such case from and immediately after her decease my said Trustees shall pay the said Thomas Roberts by and out of the said Interest Dividend and Produce the clear yearly Sum of one hundred pounds by half yearly payments for and during the term of his natural life and if my said Niece Catherine Frances Roberts shall happen to depart this life without any Children surviving or having such they shall happen to die before attaining the age of twenty one years without Issue living at the time of his her or their decease Then upon Trust to receive the Interest Dividends and Produce of the Moiety hereinbefore given to the said Catherine Frances Roberts and her Children of the said two third parts and pay the same to the said Thomas Roberts the husband of the said Catherine Frances Roberts during the term of his natural life and from and after his decease Upon Trust to pay assign and transfer the principal of the same moiety of the said two third parts unto and amongst all and every the Children or Child of my said Nephew Thomas Robinson and my said Niece Rebecca West at the same age and with the like benefit of survivorship and in the same manner and with the like powers for maintenance as herein declared with respect to the same moiety of the said two third parts in case my Niece Catherine Frances Roberts had left any Child or Children and as for the remaining moiety of the said two third parts of the said Residue Upon Trust to receive the Interest Dividends and produce thereof and pay the same to my said Niece Rebecca West the Wife of the said James West or her assigns for and during the term of her natural life for her sole and separate use and not to be liable to the Debts engagements or control of her present or any future husband and to that end I hereby direct that her receipt alone shall notwithstanding her Coverture be a sufficient discharge to my Trustees for the same and from and after the decease of my said Niece Rebecca West to assign and transfer the principal of the said moiety or half part of the said two third parts unto and amongst all and every of the Children of the said Rebecca West equally to be divided amongst them share and share alike and if but one then the whole to such only Child but not to be assigned or transferred until such Children or Child shall respectively attain their his or her age of twenty one years and if any of the same Children shall happen to die before he she or they shall attain their respective ages of twenty one years then the said share or shares as well as the accruing or surviving share or shares of him or her so dying shall go and be transferred to the survivor or survivors equally and I do hereby direct that in the meantime and until the shares of the same Children shall respectively become transferrable my said Trustees and the Survivor of them his Executors and adm’ors shall pay and and apply the Interests Dividend and Produce of the said moiety or half part of the said two third parts so bequeathed to the Children of the said Rebecca West or so much thereof and in such manner without attention to the proportions in which they would be entitled to such moiety as they my said Trustees shall in their discretion think necessary as the same shall from time to time be received for and toward the maintenance and education of the said Children Provided always and my Will is that if the said James West should survive and outlive his said Wife Rebecca West then death my said Trustees shall pay the said James West by and out of the said Interest Dividends and produce the clear yearly Sum of one hundred pounds by half yearly payments for and during the term of his natural life and if my said Niece Rebecca West shall depart this life without any Child her surviving or having such they shall happen to die before attaining the age of twenty one years without Issue living at the time of his her or their decease Then Upon Trust to receive the Interest Dividends or produce of the said Moiety hereinbefore given to the said Rebecca West and her Children of the said two third parts and pay the same to the said James West her husband for and during the term of his natural life and from and after his decease Upon Trust to pay assign and transfer the principal of the same Moiety of the said two third parts unto and amongst all and every the Children or Child of my said Nephew Thomas Robinson and my said Niece Catherine Frances Roberts at the same age and with like benefit of survivorship and in the same manner and with the like powers for maintenance and education as herein declared with regard to the same moiety of the said two third parts in case my said Niece Rebecca West had left any Child or Children and it is my Will and desire and I hereby direct that my said Trustees and the survivor his heirs Executors and adm’ors at their and his discretion shall have full power to dispose of any part or parts of the respective Sums which the Children of my said Nieces Catherine Frances Roberts and Rebecca West will be entitled to not exceeding the Sum of Two hundred pounds to each at any one time or times before they severally attain their ages of twenty one years and whether their Parents are living or not for the preferment advancement or benefit in the World of the said Children by placing them out to any profession business or employment with the approbation of their respective Parents if then living and if not living then as my said Trustees shall judge most expedient and for the benefit of the said Children and I do hereby declare that my said Trustees and Executors shall not be answerable or accountable for any more of my Estate and Effects or any of the Rents Interest Dividends or produce thereof than shall come to their respective hands nor shall they or any or either of them be answerable or accountable for any loss that may happen to the same or any part thereof so as such loss shall happen without their or any or either of their wilful neglect or default and that they shall not be answerable for the acts receipts payments or defaults of the other of them but each for his own acts receipts payments and defaults only and I do hereby authorize and empower my said Trustees and Executors respectively by and out of the money and Premises which shall come into their hands to deduct retain and reimburse himself or themselves all such Costs Charges Damages and losses as they or either of them shall or may respectively sustain or be put unto in and about executing the Trust or Trusts aforesaid or anything relating or concerning the same and I do hereby nominate Herbert Parsons of the City of Oxford Banker and my said Nephew Thomas Robinson the Executors of this my last Will and Testament and hereby revoke all former Wills by me made declaring this only to be my last Will and Testament In Witness whereof I the said William Fletcher have to this my said Will contained in nine sheets of paper to the Eight first subscribed my name and to the last subscribed my name and affixed my Seal this 21st day of July in the year of our Lord 1817 W'm Fletcher (O) Signed Sealed published and declared by the said William Fletcher as and for 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 subscribed our names as Witnesses thereto. Robinson Bartram - Henry William Davis clerks to Mr Thos Henry Taunton Oxford - John Roberson of Oxford Schoolmaster This is a Codicil to be annexed to and taken as part of the last Will and Testament of me William Fletcher bearing date the 21st day of July 1817 Whereas I have in and by my said Will given or devised to my Niece Catherine Frances Roberts a Leasehold public house called the Vine situate at Yarnton in the County of Oxford and also the piece of Garden Ground situate on the opposite side of the road and which I hold by Lease from Sir Henry Dashwood also a piece of Ground in the Lot piece of Ground in Osney Mead near Oxford which I purchased of Mrs Horseman also a Messuage situate in Broad street in the City of Oxford held by Lease under the City of Oxford and then in the occupation of John Reynolds Grocer and also a Messuage in Holywell Oxford which I hold under Merton College and then in the occupation of William Henley with all appurt’s to the said respective Premises belonging To hold to the said Catherine Frances Roberts her Heirs Executors adm’ors and assigns according to my several Estates and Interests and I have also by my said Will given to the said Catherine Frances Roberts the Rents due at the time of my decease in respect of the same Premises after deducting the outgoings and also one third part or share of my Plate Linen and China and all the fixtures in the house wherein I live and all the Household Goods and furniture except any part thereof that I may dispose of in any paper signed by me and found at my decease Now I do hereby wholly revoke annul and make void the said gift or devise of the said Public House Garden Ground Meadow Grounds Messuages and Premises and every part thereof and of the said Rents in respect thereof and of the said third part or share of my Plate Linen and China and of the said fixtures and Household Goods and I do hereby give devise and bequeath all and every the said public house Garden Ground Meadow Grounds Messuages and heredit’s with the appurt’s thereunto respectively belonging unto my Nephew Thomas Robinson and Joseph Parker the Trustees named in my Will To hold unto the said Thomas Robinson and Joseph Parker their heirs Executors adm’ors and assigns absolutely according to the nature of my Estate and Interest in the said Premises respectively and I also give and bequeath unto the said Thomas Robinson and Joseph Parker their Executors adm’ors and assigns whatever arrears of Rent shall be due after deducting outgoings in respect of the said Premises or any of them at the time of my decease and also the said one third part or share of my Plate Linen and China and the said fixtures and Household Goods and furniture except as in the said Will is excepted Upon the Trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned and expressed that is to say Upon Trust to pay unto my said Niece Catherine Frances Roberts all such arrears of Rent and also upon Trust to pay unto the said Catherine Frances Roberts and her assigns all future and accruing Rents and Profits of the said devised Messuages Garden Land and heredit’s as the same shall arise and be received and to permit her and them to have the use and enjoyment of the said third part of my Plate Linen and China and the said fixtures and Household Goods for the term of her natural life to and for her own sole and separate use and benefit and not be liable to the Debts Engagements or Control of her present or any future husband and to that end I direct that her receipt alone notwithstanding Coverture shall be at all times a sufficient discharge for the said arrears and the said accruing Rents and every of them and from and after the decease of the said Catherine Frances Roberts Upon Trust to pay and profits of all the said devised Messuages Garden Land and heredit’s unto her husband Thomas Roberts and to permit him to use and enjoy the said part of my Plate Linen and China and the said fixtures and Household Goods for the term of his natural life and from and after the decease of the Survivor of them the said Catherine Frances Roberts and Thomas Roberts Upon trust to sell and absolutely dispose of all and every the said devised Messuages Garden Land and heredit’s either together or in separate Lots or parcels and the said third part of my Plate Linen and China and the said fixtures and Household Goods and to pay and apply the monies to arise from such Sale or Sales and also the accruing Rents and Profits if any which shall arise from the said Premises respectively in the meantime and until the same shall be sold unto and amongst all and every the Children of the said Catherine Frances Roberts equally between them share and share alike if more than one and if but one then the whole to such only Child but not to be paid or payable until such Children or Child shall respectively attain their his or her respective ages or age of twenty one years and if any of the same Children shall happen to die without attaining the age of twenty one years the share or shares of such Child or Children shall go and be paid to the survivor or survivors equally and I direct that in the meantime and until the shares of the same Children shall respectively become payable my Trustees or the survivor of them or the Executors or adm’ors of such Survivor shall lay out and improve the same at interest in the names or name of my said Trustees or the survivor his Executors or adm’ors upon Government or Real Security and apply the interest dividends and produce thereof or so much thereof as in the discretion of my Trustees or Trustee for the time being shall be necessary in and towards the maintenance and education of the same Children and in case there shall be no Child or Children of the said Catherine Frances Roberts living at the decease of the Survivor of them the said Catherine Frances Roberts and Thomas Roberts or being such all of them shall happen to die without attaining the age of twenty one years and without leaving any lawful Issue Then Upon Trust to pay and apply the monies to arise from such Sale or Sales of the said devised Messuages Garden Land and Heredit’s Plate Linen China fixtures and Goods and also any accruing Rents and Profits thereof which shall not have been applied and disposed of unto and amongst all and every the respective Children of my said Nephew Thomas Robinson and of my Niece Rebecca West equally between them share and share alike if more than one and if the said Thomas Robinson or of the said Rebecca West then the whole to such only Child to be payable at the same age and with the like benefit of survivorship and with the like powers for maintenance and education as before directed with respect to the Children of the said Catherine Frances Roberts And Whereas I have in and by my said Will given or devised to my said Niece Rebecca West certain Messuages or Tenements situate at Yarnton aforesaid then in the several occupations of William Eeley and Widow Lindsey and which I hold by Lease from Sir Henry Dashwood and others Also a piece of Meadow Ground late Lydia Seeleys situate in Osney Meadow in the Parish of St Thomas in the said City of Oxford also a Leasehold Messuage in Broad street in the same City then in the occupation of Mrs Collis and which I hold by Lease under the Corporation of Oxford and also a Messuage situate in the Parish of Saint Ebbe Oxford used as a School House with the appurtenances To hold to the said Rebecca West her heirs Executors adm’ors and assigns according to my several Estates and Interests and I have also by my said Will given to the said Rebecca West the Rents due at the time of my decease in respect of the said last mentioned Premises after deducting the outgoings and also one other third part or share of my Plate Linen and China and also one hundred pounds in consideration that the said Goods and furniture are thereby bequeathed to her Sister Now I do hereby wholly revoke annul and make void the said gift or devise of the said last mentioned Messuages Meadow Ground and Premises and every part thereof and of the said Rents in respect thereof and of the said last mentioned third part or share of my Plate Linen and China and of the said Legacy of one hundred pounds and I do hereby give devise and bequeath all and every the said last mentioned Messuages Meadow Ground and Hereditaments with the appurtenances thereto respectively belonging unto the said Thomas Robinson and Joseph Parker To hold unto the said Thomas Robinson and Joseph Parker their heirs Executors administrators and assigns absolutely according to the nature of my Estate and Interest in the said Premises respectively and I also give and bequeath unto the said Thomas Robinson and Joseph Parker their Executors administrators and assigns whatever arrears of Rent shall be due after deducting outgoings in respect of the last mentioned Premises or any of them at the time of my decease and also the said last mentioned third part or share of my Plate Linen and China and also the said Legacy of one hundred pounds Upon the Trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned and expressed that is to say upon Trust to pay unto my said Niece Rebecca West all such last mentioned arrears of Rent And also Upon Trust to pay unto the said Rebecca West and her assigns all future and accruing Rents and Profits of the said last mentioned Messuages Meadow Ground and Hereditaments as the same shall arise and be received And also the Interest of the said Legacy of one hundred pounds and to permit her and her assigns to have the use and enjoyment of the said last mentioned third part of my Plate Linen and China for the term of her natural life to and for her own sole and separate use and benefit and not to be liable to the Debts Engagements or Control of her present or any future husband and to that end I direct that her receipt alone notwithstanding Coverture shall be at all times a sufficient discharge for the said arrears and the said accruing Rents and Interest and every of them and from and after the decease of the said Rebecca West Upon Trust to pay the accruing Rents and Profits of all the said last mentioned Messuages Meadow Ground and hereditaments and the Interest of the said one hundred pounds unto her husband James West and to permit him to use and enjoy the last mentioned third part of my Plate Linen and China for the term of his natural life and from and after the decease of the survivor of them the said Rebecca West and James West Upon Trust to sell and absolutely dispose of all and every the said last mentioned Messuages Meadow Ground and hereditaments either together or in separate lots or parcels and the said last mentioned third part of my Plate Linen and China and to pay and apply the monies to arise from such Sale or Sales And also the said Sum of one hundred pounds and also the accruing Rents and Profits and interest if any which shall arise from the said Premises respectively in the meantime and until the same shall be sold unto and amongst all and every the Children of the said Rebecca West equally between them share and share alike if more than one and if but one then the whole to such only Child but not to be paid or payable until such Children or Child shall respectively attain their his or her ages or age of twenty one years and if any of the same Children shall happen to die without attaining the age of twenty one years the share or shares of such Child or Children shall go and be paid to the Survivor or survivors equally and I direct that in the meantime and until the shares of the same Children shall respectively become payable my Trustees or the survivor of them or the Executors or adm’ors of such Survivor shall lay out and improve the same at Interest in the names or name of them my said Trustees or the Survivor his Executors or administrators upon Government or Real Security and apply the Interest Dividends and Produce thereof or so much thereof as in the discretion of my Trustees or Trustee for the time being shall be necessary in and towards the maintenance and education of the same Children and in case there shall be no Child or Children of the said Rebecca West living at the decease of the Survivor of them the said Rebecca West and James West or being such all of them shall happen to die without attaining the age of twenty one years and without leaving any lawful issue Then Upon Trust to pay and apply the monies to arise from such Sale or Sales of the said last mentioned Messuages Meadow Ground and Hereditaments and the share of my Plate Linen and China and the said Sum of one hundred pounds and also any accruing Rents and Profits and Interest thereof which shall not have been applied and disposed of unto and amongst all and every the respective Children of my said Nephew Thomas Robinson and of my said Niece Catherine Frances Roberts equally between them share and share alike if more than one and if there shall be only one such Child either of the said Thomas Robinson or of the said Catherine Frances Roberts Then the whole to such only Child to be payable at the same age and with the like benefit of survivorship and with the like powers for maintenance and education as before directed with respect to the Children of said Rebecca West and my Wish is and I hereby direct that the persons who for the time being shall be beneficially entitled for life to the said respectively devised hereditaments and Premises may be authorized and empowered or permitted by my said Trustees or the Survivor of them to let and manage the same and receive the Rents thereof respectively and I further direct that the said persons so respectively for the time being beneficially entitled shall during all such time keep the said respectively devised Messuages in good repair and at the accustomed periods renew the Leases of such of the said Messuages as are held upon renewable leases and pay and discharge all fines fees and charges incident thereto Provided always that upon default or neglect of any such repairs or renewals it shall be lawful for my said Trustees and the survivor of them and the Executors or administrators of such survivor and I do hereby direct my said Trustees or Trustee for the time being to do all such repairs and effect all such renewals by and out of the accruing Rents and Profits or by Sale or Mortgage of all or any part of such of the said respectively devised premises wherein the persons making such default or neglect shall be beneficially interested as aforesaid Provided also that it shall be lawful for my said Trustees or the survivor of them or the heirs Executors or administrators of such survivor as the case may require and they and he are and is hereby fully authorized and empowered at any time or times after my decease at their or his discretion absolutely to sell dispose of and convey to any purchaser or purchasers and either together or in separate lots or parcels all and every the said respectively devised Hereditaments and Premises or any part or parcel thereof and I do direct that in case of any such Sale or Sales of the said firstly devised hereditaments and Premises before the decease of the survivor of them the said Catherine Frances Roberts and Thomas Roberts or of the said secondly devised Hereditaments and Premises before the decease of the survivor of them the said from such last mentioned Sale or Sales shall be placed out and invested by and in the names or name of my said Trustees or the survivor of them or the Executors or administrators of such survivor upon Government or Real Security and that the Interest Dividends and produce of the Monies so invested shall be paid and applied to or for the benefit of such person or persons and at such time or times and in such and the same manner as the Rents and Profits of the Premises from the Sale whereof such principal monies shall arise would have been payable and that the said principal monies shall be paid applied and disposed of to or for the benefit of such person or persons and at such time or times and in such and the same manner and subject to the same directions and powers as is hereinbefore declared and directed with respect to the monies to arise from the Sale of such of the said respectively devised Premises from the Sale whereof such principal monies shall have been produced Provided further and my Will is that it shall not be obligatory upon any Mortgagee or purchaser to see to the application nor shall any such Mortgager or purchaser be answerable for the misapplication of his or her loan or purchase money but that the receipt of my Trustees or of the Survivor of them or of the Executors or administrators of such Survivor shall be a good and effectual acquittance and discharge to such Mortgagee or purchaser for so much Money as shall be therein expressed or acknowledged to be received Provided likewise and I do hereby declare that it shall be lawful for my said Trustees and the survivor of them and the Executors and administrators of such Survivor at his and their discretion to call in any monies which under the respective Trusts aforesaid they or he may have invested upon Government or Real Security and again to place out the same upon other Security of the like nature but nevertheless to for and upon the same Trusts intents and purposes whereunto such Monies respectively are subject under this my Codicil and further that my said Trustees or the survivor of them or the Executors or administrators of such Survivor shall not be accountable for any more of the said respective Trust Monies Rents and Premises than shall come to their or his hands respectively nor for any loss or damage that may happen thereto or to any part thereof respectively unless such loss happen through their or his own wilful default or neglect nor the one for the other of them but each of them for his own acts receipts payments and defaults only and further that my said Trustees and the Survivor of them and the heirs Executors and administrators of such Survivor shall have full power and authority by and out of the said respective Trust Monies Rents and Premises to deduct retain and pay all such Costs Charges Damages and Expences as they or any or either of them shall expend incur or be put unto in or about the execution of the said respective Trusts or any matter relating or incident thereto Provided furthermore and my Will is that in case of the death or refusal or incapacity to act of either of them the said Thomas Robinson and Joseph Parker as such Trustees as aforesaid at any time or times before the said respective Trusts shall have been carried into full effect the place of him so dying refusing or becoming incapable shall be supplied by some other person to be appointed in writing by the surviving or continuing Trustee with the approbation and consent of the said Catherine Frances Roberts and the said Rebecca West and of the Executors in my Will named or of such of my said Nieces and Executors as shall be then living and from and after such appointment all and every the trusts powers and authorities by this my Codicil given to or vested in the said Thomas Robinson and Joseph Parker shall immediately be and become vested in such new Trustee in conjunction with the surviving or continuing Trustee as fully and effectually as if he had been originally named and appointed a Trustee in and by this my Codicil In Witness whereof I have hereunto set my hand and seal this seventh day of October in the year of our Lord one thousand eight hundred and twenty. W. Flecher] (O) /-/ Signed Sealed & published by the Testator William Fletcher as and for a Codicil to his last Will and Testament in the presence of us who at his request and in his presence have hereunto subscribed our names as Witnesses Thos Henry Taunton. Robinson Barham, John Matthews. W. Fletcher (O) Signed Sealed and published afresh by the Testator William Fletcher as and for a Codicil to his last Will and Testament the thirty first day of July in the year of our Lord one thousand eight hundred and twenty three in the presence of us who at his request and in his presence have hereunto subscribed our names as witnesses. J. Parsons. Jos'h Phillips. Tho's Henry Taunton. /- The underwritten is a Codicil to be annexed to the last Will and Testament of me Alderman William Fletcher I hereby give to my aforesaid Trustees Joseph Parker and Thomas Robinson five hundred pounds Stock in Navy five per Cent In Trust to pay the Interest and dividends and produce thereof as the same shall become due and be received to Susanna Fry Widow of my late Kinsman John Fletcher Fry of Salisbury for and towards the maintenance and education of her Son and Daughter But and as the said Children shall respectively arrive at the age to be bound apprentice then if they are not put out Trustees shall place them out to such Trades or professions as they in their discretion shall think fit and sell for such apprenticing as much of the said Stock as they think proper and when and as the said Children shall respectively arrive at the age of twenty one years then the said Trustees shall pay each of them one third part of the remaining part of the said Stock and the Interest Dividends and Produce of so much of the said Stock as shall remain from time to time unapplied or undisposed of the said Trustees shall pay to their Mother Susanna Fry for her life and from and after her decease whatever shall remain of the said Stock shall be divided and paid to the said Children share and share alike but if one only Child be living then the whole thereof to such only Child to be paid at their respective ages of twenty one years as aforesaid and if either of the said Children should die before attaining their said age of twenty one years without Issue lawfully begotten the share of him or her so dying shall be paid to the survivor and if both the said Children should die before attaining the said age without Issue lawfully begotten and their Mother be then living then the whole of the said Interest Dividends and Produce of the said Stock or so much thereof as shall remain undisposed of shall be paid to the said Mother for her life and at her decease in the event of both the said Children dying without attaining the said age of twenty one years without Issue lawfully begotten then the whole of the said remaining Stock shall sink into and become part of the residue of my Personal Estate and be disposed of as in my said Will directed and I desire that the Government Duty on the above bequest be paid out of my Personal Estate and I further declare my Will to be that my said Trustees in my Will named do and shall or may at their discretion raise by and out of the Principal of the shares of the Trust Monies in my Will mentioned and bequeathed to or In trust or in favor of the Children of my said Nieces in the said Will mentioned respectively at any time or times before such shares shall become payable or transferrable to such Children respectively and whether the Parents or either of the Parents of such Children shall or shall not be living any Sum or Sums not exceeding one thousand pounds to or for each of such Children and advance pay and apply such Sum or Sums for and toward his or her advancement in life which several Sums so advanced to be taken and considered to be in part of the share or portion of such Child or Children respectively in and to the said Trust Monies anything in my said Will to the contrary notwithstanding Whereas I have by my said Will named and appointed Joseph Parker and my Nephew Thomas Robinson to be Trustees for my Nieces Catherine Frances Roberts and Rebecca West and for their respective Children but I have not therein provided for the appointment of any new Trustee or Trustees in case of the death or the refusal to act of the said Joseph Parker and Thomas Robinson Now I do hereby direct and appoint and my Will is that upon the death or the refusal of the said Trustees to act in the Trusts in and by my said Will declared or either of them the place of him so dying or refusing to act shall be filled up by some other person or persons to be elected and made choice of by the surviving or acting Trustee by and with the approbation of my said Nieces respectively and of the Executors in my said Will named or of such of them as shall be living at the time of the decease or refusal to act of the said Joseph Parker and my said Nephew such election and appointment to be made in writing and duly sealed and executed with such approbation as aforesaid and my Will is that after the election and appointment of any such new Trustee or Trustees all and every the Trusts powers and authorities by my said Will given to the said Joseph Parker by my said Nephew shall become vested in such new Trustee or Trustees in conjunction with such former continuing Trustee appointed by my said Will as fully and effectually to all intents and purposes as if he or they had been originally named and appointed a Trustee or Trustees in and by my said Will And I further declare that my Will be that it may and shall be lawful to and for my said Trustees as they shall think expedient to sell and dispose of all or any part of the said Trust monies which now or may be invested in the the public funds or in the Oxford Canal Navigation provided the same be laid out again and invested in such other Public funds or Real Security and settled and secured to be applied to the Trusts and to the same intents and purposes as in my said Will declared in respect of the said Trust Monies I give and bequeath to William Hasker my old Servant the Sum of Twenty pounds I give the Parish of Saint Michael Saint Mary Magdalen and Saint Peter in the East Oxford the Sum of Twenty pounds each Parish to be disposed of in Bread to the poor Inhabitants in each respective Parish at the discretion of the Church Wardens and Overseers of each of the said Parishes as soon as may be after my Funeral In Witness whereof I have hereunto set my hand and seal this twenty ninth day of July in the year of our Lord one thousand eight hundred and seventeen W. Fletcher (O) Signed Sealed published and declared by the Testator William Fletcher as and for a Codicil to his last Will and Testament in the presence of us who in his presence and at his request have hereunto subscribed our names as witnesses. Tho's Henry Taunton - Robinson Barham - Henry William Davis. W. Fletcher (O) /=/ Signed Sealed and published afresh by the Testator as and for a Codicil to his last Will and Testament this twenty ninth day of December 1823 in the presence of us. Tho's Henry Taunton - H. W. Davis This is a Codicil to be annexed to and taken as part of the last Will and Testament of me the undersigned William Fletcher Whereas I have in and by my last Will and Testament made and executed by me upon or about the twenty first day of July one thousand eight hundred and seventeen given and bequeathed the Residue of my Estate and Effects unto the Executors in my said Will named Upon Trust as to one third part or share thereof to pay and transfer the same to my Nephew Thomas Robinson to and for his own use and benefit Now I do hereby declare my further will and intention to be that in case the said Thomas Robinson shall happen to die in my lifetime my said Executors shall stand possessed of and interested in the said third part or share upon and for the same Trusts intents and purposes and to and for the benefit of such person or persons in such shares and proportions manner and form and subject to such powers restrictions and directions as the said Thomas Robinson in and by his last Will and Testament or any Codicil thereto either already executed or to be hereafter executed by him in the presence of two or more Credible Witnesses shall have directed declared given or bequeathed or shall direct declare give or bequeath of and concerning the residue of the Personal Estate or such of them as at the time of my death shall be subsisting or capable of taking effect and in default of any such direction declaration gift or bequest Then Upon Trust for the Wife and the two Sons of the said Thomas Robinson to be equally divided amongst them to and for their own respective use and benefit and Whereas I have in and by my said Will appointed and declared certain Trusts of the other two third parts of my said Residuary Estate under which the Children of my Niece Catharine Frances Roberts will be entitled after their Mothers death to one moiety of the said two third parts and the Children of my Niece Rebecca West will be entitled after their Mothers death to the other moiety of the said two third parts subject to such provisions by way of annuity as are in my said Will contained for the respective Wives And Whereas I have also in and by a Codicil to my said last Will made and executed by me upon or about the seventh day of October one thousand eight hundred and twenty appointed and declared certain Trusts of divers specific properties therein mentioned under which the Children of my said Niece Catharine Frances Roberts will be entitled after the deaths of their Mother and Father to the money to arise from such properties and I have in and by the same Codicil appointed and declared certain other Trusts of other specific properties therein mentioned under which the Children of my said Niece Rebecca West will be entitled after the deaths of their Mother and Father to the Money to arise from such last mentioned properties And Whereas some doubt is entertained whether under my said Will and Codicil or one of them the portions of the said Children vest upon their attaining their respective ages of twenty one years or upon their attaining that age and surviving their respective Mothers Now for obviating any such doubt I do hereby declare my Will and intention to be that the original and all accruing shares and portions of the Children of my said Nieces respectively under the said recited bequests and provisions in their favour in my said Will and Codicil contained shall become vested and transmissible in the said Children upon their attaining their respective ages of twenty one years and be paid assigned and transferred to them respectively or to their respective Executors administrators or assigns thereupon or so soon afterwards as the determination of the intermediate interest or interests for life therein will permit and subject as to my said Residuary Estate to the before mentioned provisions for the Husbands of my said Nieces or such of them as may take effect And Whereas in and by another Codicil to my said last Will made and executed by me on or about the twenty ninth day of July one thousand eight hundred and seventeen and re-executed by me upon or about the twenty ninth day of December one thousand eight hundred and twenty three I have declared that my Trustees in my Will named may at their discretion raise out of the principal of the shares of the Trust monies thereby bequeathed in favour of the Children of my said Nieces at any time before such shares shall become [pay]able and whether the Parents or either of the Parents of such Children shall or shall not be living any Sum or Sums not exceeding one thousand pounds to or for each of such Children and advance pay and apply such Sum or Sums for and towards his or her advancement in life and that such Sums shall be taken and considered to be in part of the share or portion of such Child or Children respectively in and to the said Trust monies Now I do hereby declare my further will and intention to be that all such Sum or Sums of money as shall appear from any statement or Memorandum in my handwriting or signed or authenticated by me to have been advanced by me in my lifetime to or for the benefit of any of the Children of either of my said Nieces shall also be taken and considered to be in part of the shares or portions of such advanced Children of and in the said respective third parts of my Residuary Estate by my said Will bequeathed to or in favour of the said Children respectively and I do also declare and direct that any such advancement made or to be made either by myself or by my said Trustees to or for the benefit of any of the Children of the said Catharine Frances Roberts shall from time to time as and when the same shall be made be deducted from and taken out of the said third part of my Residuary Estate by my said Will bequeathed for the benefit of the said Catharine Frances Roberts and her Children and that in like manner any such advancements to or for the benefit of any of the Children of the said Rebecca West shall be deducted from the said third part of my Residuary Estate bequeathed for the benefit of the said Rebecca West and her Children any thing in my said Will or Codicils or any or either of them contained to the contrary in any wise notwithstanding and I do hereby confirm my said writed Will and two Codicils in all respects save only as the same or any of them are hereby altered and so declare that my said Will and two Codicils together with and as altered by this my third Codicil do contain my last Will and Testament and I do hereby revoke and make void all other Wills and Codicils by me at any time heretofore made In Witness whereof I have hereunto set my hand and seal this first day of August in the year of our Lord one thousand eight hundred and twenty six - The Mark of X William Fletcher (O) /=/ Signed Sealed published and declared by the Testator William Fletcher as and for a Codicil to his last Will and Testament in the presence of us who in his presence and at his request have subscribed our names as Witnesses J. Parsons /=/ E. Horn Memorandum On 20th December 1823 I advanced for my Nephew William Roberts one thousand pounds W. Fletcher - Witness T. H. Taunton -/- On the 16 August 1826 I advanced to my Niece Mary Roberts one thousand pounds /=/ W. Fletcher /=/ Witness T. H. Taunton -/- On the 3rd of August 1826 I declare that this day I advanced one thousand pounds to or for my Nephew William Fletcher Roberts /=/ The Mark of X William Fletcher. /=/ Witness Sophia White -/- Proved at London (with three Codicils and a Memorandum referred to in the third Codicil) the 16th day of March 1827 before the Judge by the oaths of Herbert Parsons Esquire and Thomas Robinson Esquire the Nephew the Executors to whom administration was granted having been first Sworn (by Commission) duly to administer. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||