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Will & Bond of Administration re James HESTER of Kingston Blount
Will 11 Dec 1845 Bond 11 Dec 1852 | ||||||||||||||||||||||||||||||||||||||||||||||
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Died 28 Sep 1852 Effects under £200. He made his wife Executrix, but she predeceased him and he failed to alter his will, so Admon was required. | ||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | ||||||||||||||||||||||||||||||||||||||||||||||
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... me James Hester of Kingston Blount ... baker and grocer ... He repeatedly uses the phrase "my said Trustee or the Trustees or Trustee for the time being" or similar wording. This is rendered below as "my Trustee"]
Affidavit 11 Dec 1852 In the Consistory Court of the Lord Bishop of Oxford. Richard Rockall of Broad St Oxford, formerly a carpenter and builder but now a billiard-table keeper, the nephew and Trustee of the Executrix named in the annexed will of James Hester late of Kingston Blount, baker and grocer, swore:
Witness Jacob Ley Bond of Administration We Richard Rockall of Broad Street Oxford, billiard-table keeper, Daniel Nathaniel Margetts of St John St Oxford, accountant, and William Whareham of St Ebbes Oxford, tailor, acknowledge ourselves to be bound unto Joseph PHILLIMORE ... £400 to be paid to the said Joseph PHILLIMORE or his [Assigns]. To the payment of which .... we bind ourselves, and .... our Heirs, Executors and Administrators. Sealed with our Seals, Dated 11 Dec 1852 ================================== Condition of this Obligation:
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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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This is the paper referred to in the annexed Affidavits of Richard Rockall Jacob Ley Surrogate. This is the last Will and Testament of me James Hester of Kingston Blount in the parish of Aston Rowant in the County of Oxford Baker and Grocer I desire to be buried as near as convenient to the grave of my dear Daughter Elizabeth and that my Funeral may be conducted in a neat and plain manner with as little expense as possible I give and bequeath all my household goods furniture plate china and also all my Businesses of a Baker and Grocer which I now carry on and all my interest therein and all my Stock and Effects employed therein and all moneys and debts which shall belong and lie due and owing to me at the time of my decease for or on account of the said Businesses and also all Messuages Workshops Warehouses and Hereditaments employed in or connected with the carrying on of the businesses unto my dear Wife Mary Hester for and during the term of her natural life also I give and devise my Freehold Dwellinghouse situate at Kingston Blount aforesaid wherin I now reside with Yards Gardens Outbuildings and Appurtenances thereunto belonging unto her my said Wife for and during the term of her natural life and from and immediately after the decease of my said Wife I give devise and bequeath all my real and personal estate whatsoever and wheresoever and of what nature or kind soever unto my Nephew Richard Rockall of No 32 Broad Street in the City of Oxford Carpenter and Builder Upon trust with all convenient speed after the decease of my said Wife to sell dispose of and convert into money so much thereof as shall be in its nature saleable and collect get in and receive the residue thereof and with and out of the said moneys pay satisfy and discharge all my just debts and as to the residue or surplus of the money which shall come into the hands of my said Trustee or Trustees for the time being of my Will by sale of my said real estate and by collecting getting in and receiving my said personal estates in manner herein before directed and which shall remain after answering and satisfying the trusts and purposes hereinbefore declared of and concerning the same In trust for my Child if only one or if more than one In trust for all my Children in equal shares and for such issue then living of any one or more of my Children who may then be dead as shall either before or after the decease of my said Wife attain the age of twenty one years or marry as tenants in common in a course of distribution per stirpes and not per capita and so that the issue of any deceased child may take by way of substitution the share or respective shares only which the parent James Hester or respective parents would if living have taken And I declare that after the decease of my said Wife my said Trustee or the Trustees or Trustee for the time being of my Will shall and may at their or his discretion pay and apply the whole or any part of the income of the contingent shares of the respective children and issue aforesaid in or towards his her or their respective maintenance or otherwise for his or her or their benifit preferment or advancement and also pay and apply any part of the capital of the contingent or presumptive shares of the respective children and issue aforesaid for or towards their respective preferment or advancement in life Provided always and I declare that it shall be lawful for my said Trustee or the Trustees or Trustee for the time being of my Will at their or his discretion but not otherwise absolutely to sell or dispose of my said Messuage or Tenement and Hereditaments either entirely and altogether or in parcels and in one or more lots by public auction or private contract to any person or persons willing to become the Purchaser or Purchasers thereof or of any part thereof for such price or prices or sum or sums of money as to the said Trustee or Trustees shall seem reasonable And for promoting and facilitating such sale or sales the said Trustee or Trustees shall and may enter into make and execute all such contracts agreements conveyances and assurances as to the said Trustee or Trustees shall seem proper And I declare that the receipt of the said Trustee or Trustees for the purchase money of the same Hereditaments or any part thereof shall effectually discharge the purchaser or purchasers thereof for the same moneys and from being answerable or accountable for the misapplication or nonapplication thereof or of any part thereof or to enquire into the propriety of any sale that may be made under or by virtue of the power so vested in the said Trustee or Trustees and that no Purchaser purchasing the same Hereditaments or any part thereof shall be bound or obliged to see to the propriety or expediency of any such sale or sales And I declare that it shall be lawful for the said Trustee or Trustees for the time being of my Will to sign and give any receipt or receipts for any sum or sums of money payable to them or him under or by virtue of this my Will and that any person or persons paying them or him any such sum or sums of money and taking their or his receipts for the James Hester same respectively shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or in anywise bound or concerned to see to the application of the money in the said receipts mentioned or acknowledged to be received Provided always and I declare that if the Trustee appointed by this Will shall die in my lifetime or shall refuse to accept or to act in the Trusts hereby in them respectively reposed as aforesaid it shall be lawful for my Wife by Deed or Instrument in writing executed in the presence of and attested by two or more Witnesses to appoint any fit or proper persons to supply such vacancy and I direct that upon every such appointment all the assigned and transferred so as to vest the same jointly in the new and old Trustees or solely in the new Trustees as the case may be to the uses and upon the trusts aforesaid or such of them as shall be then subsisting And such new Trustees or Trustee in whose place they or he shall be substituted or appointed And I nominate and appoint my said Wife Executor of this my Will and I authorise and empower her to pay any debts owing by me or claimed from me upon any evidence thereof she shall think proper and to accept any security real or personal for any debt or debts owing to me and also to compromise or compound any debt or debts owing to me and to allow such time for the payment thereof as to James Hester the Testator have to this my Will contained in this and the two preceding sheets of paper set my hand to and at the bottom of each of the said two preceding sheets and of this third and last sheet the eleventh day of December One thousand eight hundred and forty five James Hester The writing contained in this and the two preceding sheets of paper was signed by the above named James Hester the Testator as and for his Will in the presence of us present at the same time who in his presence and in the presence of each other have hereunto set our names as Witnesses thereto Eden White Kingston Blount George Snow Clerk to Mr Holloway Solr Thame In the Consistory Court of the Lord Bishop of Oxford. Richard Rockall of Broad Street in the City of Oxford, formerly a Carpenter and Builder but now a Billiard Table Keeper, the lawful Nephew, and the Trustee of James Hester late of Kingston Blount in the Parish of Aston Rowant in the County of Oxford, Baker and Grocer, deceased, maketh Oath, and saith that he believeth that the annexed Paper is the true Last Will and Testament of the said James Hester Deceased; That he the said Richard Rockall is the Credits of the said Deceased are under the value of Two Hundred Pounds; and that the Testator died on the Twenty eight day of September One thousand eight hundred and fifty two ; That he the said Richard Rockall will pay all the Debts and Legacies of the said Deceased, as far as the Goods may extend and the Law bindeth him ; and that he will exhibit a true, full, and perfect Inventory of all and every the Goods, Rights, and Credits of the said Deceased, together with a just and true Account, into the Registry of the Lord Bishop of Oxford when thereunto required; and that Mary Hester the Executrix named in the said Will departed this life said Sworn at Oxford in the County of Oxford on the Eleventh day of December one thousand Eight hundred and fifty two Richard Rockall Before me Jacob Ley Surrogate. Know all Men by these Presents that We Richard Rockall of Broad Street in the |City of Oxford, Billiard Table Keeper, Daniel Nathaniel Margetts of saint John Street in the said City, Accountant and William Whareham of saint Ebbe in the said City, Tailor are held and firmly bound unto Joseph Phillimore LL.D. Vicar General, Official principal and Commissary of the Right Reverend Father in God Samuel by Divine permission Lord Bishop of Oxford in the sum of Four hundred pounds of good and lawful Money of Great Britain to be paid unto the said Joseph Phillimore or to his certain Attorney his Executors Adminis trators or Assigns To which Payment well and truly to be made We oblige ourselves and each of us to himself for the whole our and each of our Heirs Executors and Administrators firmly by these presents Sealed with our Seals dated the Eleventh day of December in the Sixteenth Year of the Reign of our Sovereign Lady Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith &c. And in the Year of our Lord One Thousand Eight Hundred and Fifty two. The Condition of this Obligation is such That if the above bounden Richard Rockall, the lawful Nephew & Administrator with the Will annexed of all and singular the Goods Chattles and Credits of James Hester deceased do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattles and Credits of the said deceased which have or shall come to the Hands Possession or Knowledge of him the said Richard Rockall or into the Hands and Possession of any Person or Persons for him and the same so made do exhibit or cause to be exhibited into the Registry of the Consistorial Court of Oxford at or before the last day of June next ensuing and the same Goods Chattles and Credits and all other the Goods Chattles and Credits of the said deceased at the time of his death which at any time after shall come to the hands or Possession of the said Richard Rockall or into the hands and Possession of any other Person or Persons for him do well and truly administer according to the legal tenor and effect of the Will of the said deceased And further do make or cause to be made a true and just Accompt of his said Administration at or before the last day of December 1853 then this Obligation to be void or else to remain in full Force and Virtue Signed Sealed and delivered by the Above named Richard Richard Rockall Rockall, Daniel Nathaniel Margetts and William Danl N. Margetts Whareham in the presence of Jn Davis Clerk to Mr Davenport William Whareham Sol'r, Oxford | ||||||||||||||||||||||||||||||||||||||||||||||