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Will of Sir Edward HITCHINGS of Oxford
Will 13 Aug 1825 Probate 24 Dec 1825 | |||||||||||||||||||||||||||||||||||||||||
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Probate 24 Dec 1825 London ... James Sirman Sr one of the Executors ... James Purbrick the other Executor and one of the Trustees having renounced ... | |||||||||||||||||||||||||||||||||||||||||
| Transcriber's and Editor's Notes | |||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||
... me Sir Edward Hitchings of the City of Oxford, Knight ...
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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 Last Will and testament of me Sir Edward Hitchings of the City of Oxford Knight ffirst I direct that all my just debts ffuneral and testamentary expences shall be fully paid And Subject thereto I give and devise my real and Personal Estate as follows I give to my Wife Lady Elizabeth Hitchings a Clear Annuity of Commence from my death and to be Payable quarterly Clear of all taxes and deductions and to be paid up to the day of the death of my said Wife And I direct that a competent Sum to answer the said Annuity shall be set a part out of my trust Estate and be laid out and invested in or upon real or Government Security at Interest by my trustees hereinafter named as soon as may be after my decease with power for my trustees or trustee for the time being from time to time to call in and again lay out and invest the said Sum or so much thereof as shall be necessary in the same or any other Securities of the like nature at their or his discretion And it is my Will and desire that upon the decease of my said Wife the Sum or Sums that shall be set apart to Answer the said Annuity and all Securities whereon the same shall be invested shall fall into and be considered as part of my Personal Estate and be applied as hereinafter is directed Also I give to my said Wife her Wearing Apparel Trinkets and Ornaments of person Also I give to my said Wife for her life the use of all the Household Goods ffurniture Plate linen China books Pictures and Effects which at my death shall be at or about my Dwelling house and Appurtenances for the time being at Oxford or elsewhere and from and immediately after the decease of my said wife I bequeath the same household Goods Plate linen China books Pictures and Effects aforesaid unto James Sirman the Elder of the City of Oxford Gentleman and James Purbrick of the same City Woollen Draper their Executors and Administrators respectively Upon trust to sell and convert the same into money And my Will is that the monies to arise therefrom shall be applied as hereinafter is directed I give devise and appoint unto the said James Sirman and James Purbrick all that my Messuage or Dwellinghouse with the Appurtenances Situate in Saint Giles Parish Oxford now in my own occupation being the Southernmost of the two adjoining Messuages purchased by me from the late Duke of Marlborough to hold the same Premises unto and to the use of the said James Sirman and James Purbrick and their heirs Upon the trusts following that is to say Upon trust to pay the Clear rents and Profits of the same Messuage and Premises when and as the same shall become due and be received unto my said Wife and her Assigns or otherwise to permit and authorize her to reside in and occupy the said Messuage and Premises or to receive and take the said Rents ___ and Profits thereof for her and their own use for and during her natural life And from and after her decease Upon trust as soon as conveniently may be to Sell and dispose of the fee Simple and inheritance of the said Messuage or Dwelling house and Premises for the best price and most money that can be obtained for the same And I do declare that my said trustees or trustee for the time being shall be possessed of and interested in as well the monies to arise by Sale of my said Household Goods ffurniture Plate Linen China books Pictures and Effects as the monies arising by Sale of my said Messuage or Dwellinghouse and Premises hereinbefore directed to be Sold and in the mean time and until the said trust Premises shall be Sold or Converted into money of and in the same trust Premises respectively In trust for all and every my Grandchildren that shall be living at the decease of my said Wife equally to be divided between and amongst them Share and Share alike And my will is that the respective Shares of my said Grandchildren shall not be paid unto or vest in them until they shall attain their respective Ages of twenty one Years And that in case of the death of any one or more of my said Grandchildren before attaining that Age the Share or Shares of him her or them so dying shall go and be paid to the Survivors of my said Grandchildren living to attain the said Age equally I declare that the provisions made for my said Wife by this my Will shall be in full Satisfaction of all Dower and free bench out of all and every the ffreehold or Copyhold Estates of or to which I am or may be Seized or entitled or shall have been Seized of or entitled to during our Coverture I bequeath to my Daughter Elizabeth the Sum of Eleven hundred Pounds to be paid within Six months next after my decease Also I bequeath to my Niece Mary Otterwell the Sum of One hundred Pounds to be paid into her own hands within twelve months next after my decease and for which her receipt shall be a good discharge notwithstanding her Coverture And I give and release to her my said Niece Mary Otterwell all debts and Sums of money (if any) that shall be due and owing from her to me at the time of my death Also I give to the two Children of the said Mary Otterwell the Sum of ffifty Pounds to be divided and paid to them on their respectively attaining the Age of twenty one Years together with the interest in the mean time to arise therefrom Also I give and bequeath unto the said James Sirman and James Purbrick the Sum of two hundred and ffifty Pounds Upon trust that they pay the same to the Treasurer of a Society who call themselves “The President and Governors of the Radcliffe Infirmary” for the Relief of the Sick and Lame poor from whatever County recommended which Sum I charge on my Personal Estate and desire it may be paid to the Charitable uses of the said Infirmary And I direct that the tax or duty on all the said Pecuniary Legacies and bequests shall be paid out of my trust Estate And Subject to the dispositions aforesaid I devise appoint and bequeath all the rest and residue of the ffreehold Copyhold and Leasehold Estates of or to which I am Seized possessed or entitled or in or over which I now have or can or may have any devisable interest or disposing power And all Estates and interests vested in me as a Mortgagee or trustee in my own right or as an heir at Law or otherwise together also with the Sum or Sums of money that shall be so apart to answer the said Annuity of two hundred and ffifty Pounds to my said Wife and with the Securities whereon the same shall be invested (Subject to the Payment of the same Annuity) and all the rest and residue of my Personal Estate and Effects whatsoever and wheresoever unto the said James Sirman and James Purbrick their heirs Executors Adm'ors and Assigns (Subject as to such trust Estates to the trusts and purposes for which I hold the same) Upon trust and confidence that my said trustees or trustee for the time being of this Will do and shall with all convenient Speed after my decease absolutely Sell and convey all the said residue of my said ffreehold and Copyhold Estates and call in Collect and receive all Mortgage Bond and other Debts to me owing and Sell and dispose of all or so much of the residue of my Personal Estate as shall be presently Saleable and do all other acts as fully and effectually as I might Personally do which to my said trustees or trustee shall seem meet for reducing and converting into money the said residue of my said real and Personal Estate And I do declare that my said trustees or trustee for the time being of this my Will shall be possessed of and interested in the monies that shall arise from all and Singular the said last mentioned trust monies as and when such monies shall be received and in the mean time and until the same trust Premises shall be converted into money of and in the same trust Premises respectively (Subject to the dispositions hereinbefore contained in favor of my Wife and Grandchildren my said Daughter Elizabeth and my Niece and her Children) In trust for the use and benefit of my five Children James Hitchings George Hitchings Thomas Hitchings Mary the Wife of Thomas Benwell and the said Elizabeth Hitchings and their respective heirs Executors and Administrators to be equally divided between or amongst them Share and Share alike as tenants in Common and not as joint tenants And I do declare that for effectuating the Sale or Sales of the Hereditaments and Premises hereinbefore made Saleable that the trustees or trustee for the time being of this my Will shall have power to make and execute all such Deeds Conveyances and Assurances as they or he shall think fit And further that no Purchaser of any part of the said trust Premises respectively shall be obliged to see to the application or be answerable for the misapplication of the respective purchase monies or any part thereof respectively but that every such Purchaser shall be fully discharged by the receipt of my trustees or trustee for the time being And that my said trustees or either of them shall not be Answerable or accountable for or for the acts and defaults of the others or other of them or for money received under receipts in which they or either of them shall join for conformity only nor for any involuntary losses or damages of or to the said trust Premises but each for himself only and for his own acts defaults receipts and disbursements And that the said trustees shall reimburse themselves and each other out of the said trust Estates all Costs Charges and Expences which shall be incurred in or about or in relation to the execution of the said trust And lastly I declare that all the property hereby devised in trust as aforesaid shall be taken by those Claiming under my Will as Personal Estate And I hereby appoint the said James Sirman and James Purbrick Executors of this my Will and hereby revoking all former and other Wills by me at any time heretofore made I declare this only to be my last Will and Testament In Witness whereof I the said Sir Edward Hitchings the testator have to this my last Will and testament contained in five Sheets of paper set my hand and Seal that is to say my hand only to the four preceeding Sheets and my hand and Seal to this fifth and last Sheet this thirteenth day of August in the Year of Our Lord One thousand eight hundred and twenty five Edward Hitchings (O) Signed Sealed Published and declared by the above named Sir Edward Hitchings 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 Perc'l Walsh /-/ H.A. Maybury J'no Walsh Jun'r Proved at London 24th December 1825 before the Judge by the oath of James Sirman the Elder one of the Executors to whom Adm'on was granted having been first Sworn (by Commission) duly to Administer James Purbrick the other Executor and one of the residuary Legatees In trust named in the said Will having first renounced as well the Probate and Execution thereof as the Letters of Administration (with the said Will annexed) of the Goods of the said deceased. | |||||||||||||||||||||||||||||||||||||||||