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Will of John HOPCRAFT of Deddington
Will 14 May 1833 Probate 26 Feb 1835 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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... me John Hopcraft of Deddington ... gentleman ... [He repeatedly uses the phrase "the said John Wall William Elsworth and William Margetts and the survivors and survivor of them and the heirs executors & administrators of such survivor" or similar wording -- this is below rendered as "my Trustees"]
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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 John Hopcraft of Deddington in the County of Oxford Gentleman I give and bequeath unto my friends John Wall of Neithrop in the County of Oxford Rope maker William Elsworth of Banbury in the said County of Oxford Painter and William Margetts of Deddington aforesaid Grocer all and singular my household goods furniture books plate and linen that may be in and about my dwelling house at the time of my decease and all other my personal estate and effects whatsoever and wheresoever upon trust to sell and convert the same into money as soon as conveniently can be after my decease and I direct my said Trustees to stand possessed of the moni -es to arise therefrom (after first duly paying and satisfying thereout all my just debts and my ffuneral and testamentary expenses) upon and for the same trusts and purpo -ses as are hereinafter mentioned concerning the produce arising from the sale and disposi -tion of that portion of my real estate next hereinafter devised to them upon trust for sale immediately after my death I give and devise all that my messuage or tenement garden and premises with the appurtenances thereunto belonging situate and being at Deddington aforesaid and now in the occupation of William Hopcraft also all those (erasure) three messuages or tenements and premises with their several and respe -ctive rights members and appurtenances situate at Neithrop in the Parish of Banbury aforesaid and now in the several occupations of James Oxley Charles Walker and John Powell unto the said John Wall William Elsworth and William Margetts their heirs and assigns upon trust that they the said John Wall William Elsworth and William Mar -getts and the survivors and survivor of them and the heirs executors & administrators of such survivor do and shall as soon as conveniently may be after my death sell and absolutely dispose of the same either together or in parcels and either by public auction or private contract and for such price or prices as can be obtained for the same and I will and devise that as well the monies to arise from such sale after deducting the costs and expenses attending the same and also the surplus (after payment of my debts and funeral and testamentary expenses) produced by the sale of my personal Estate herein before bequeathed to them my said trustees shall be applied by them in or towards the payment or satisfaction of the several bequests next hereinafter mentioned and respectively given and bequeathed (that is to say) unto Elizabeth the wife of William Baker of Banbury aforesaid tailor nineteen guineas unto Charlotte Rymill of Banbury aforesaid spinster nineteen guineas unto Mary Rymill of Northampton spinster nineteen guineas unto Thomas Bissell of Deddington aforesaid Farmer nineteen guineas unto Elizabeth the wife of [blank] Green of Deddington afore -said Chaise Driver nineteen guineas unto Mary the wife of Walter Stark of Epwell Cordwainer the Sum of ten pounds unto Ann the wife of [blank] Matthews of Walthamstow Schoolmaster the sum of fifteen pounds unto Mary the wife of William Osborne of Banbury aforesaid Locksmith Nineteen guineas unto John Hop -craft of Banbury aforesaid Cabinet Maker Nineteen Guineas unto William Hopcraft of Banbury aforesaid Slater Nineteen guineas unto James Hopcraft the elder of Banbury afore -said Mason Nineteen Guineas unto James Hopcraft the younger of Banbury aforesaid Mason nineteen guineas unto William Hopcraft of Deddington aforesaid Mason the sum of ten pounds unto John Pratt of Banbury aforesaid Cabinet Maker nineteen guineas unto John Hoare of Summerton schoolmaster nineteen guineas and unto my friend William Wilson of North Bar Street in Banbury aforesaid the sum of ten pounds to whom I give and bequeath the same accordingly to be paid to them respectively as soon as conveniently may be after such date I give and devise unto my sister Ann Hopcraft all that my messuage or tenement & garden with the appurtenances situate and being in Deddington aforesaid [Marginal interpolation] and now in the occupation of Thomas Hopcraft mason to hold unto her and her assigns for and during the term of her natural life and from and after her decease I give and devise the same unto Mary the wife of the said Thomas Hopcraft for and during the term of her natural life and from and after the decease of the survivor of them the said Ann Hopcraft and Mary Hopcraft I give and devise the same messuage or tenement and premises unto the said John Wall William Elsworth and William Margetts their heirs and assigns upon trust that they the said John Wall William Elsworth and William Margetts and the survivors and survivor of them and the heirs executors or administrators of such survivors do and shall as soon as conveniently may be after the decease of the survivor of them the said Ann Hopcraft and Mary Hopcraft sell and absolutely dispose of the same either by public auction or private contract and for such price as shall be obtained for the same and I will and direct that my said trustees or Trustee do and shall stand possessed of the monies to arise from such last mentioned sale upon and for such and the same trusts and purposes as hereinafter declared concerning the produce of the same and the intermediate accumulations of rent of the Ship Public house next thereinafter devised to them the said john Wall William Elsworth and William Margetts and as to and concerning all that my said messuage or tenement pub- lic house and premises called or known by the name of the Ship situate in Banbury aforesaid with the warehouse and buildings and appurtenances to the same belonging and now in the occupation of Jonathan Adams I give and devise the same premises unto the said John Wall William Elsworth and William Margetts their heirs and assigns upon Trust that they the said John Wall William Elsworth and William Margetts and the survivors and survivor of them and the heirs executors or administrators of such survivor do and shall out of the rents and profits of the said premises after paying for the necessary repairs and insurance thereof and other outbuildings and also the interest of a certain mortgage debt or sum of one hundred pounds hereinafter mentioned pay unto my said sister the said Ann hopcraft and her assigns the sum of eight shillings weekly and every week during the term of her natural life and unto the said Mary the wife of the said Thomas Hopcraft and her assigns the sum of three shillings and sixpence weekly and every week during the term of her natural life free from all deductions and duties whatsoever the first payment of the said weekly sums of eight shillings and three shillings and sixpence to commen- -ce and be made within one week next after my decease and from and immedi- -ately after the decease of the survivor of them the said ann hopcraft and Mary Hopcraft and the expiration or other sooner termination of the lease of the said Jonathan Adams of the said Messuage or tenement public house and premises Upon further trust that they the said John Wall William Elsworth and William Margetts and the survivor and survivors of them and the heirs executors and Administrators of such survivor do and shall make sale and absolutely dispose of the said messuage or tenement and public house either by public auction or private contract and for such price as can be obtained for the same and I direct my said Trustees or trustee for the time being to stand possessed of as well the monies produced by the sale of the Ship public house (after deducting all expenses attending the same) and also of the monies (if any) which shall have accrued and accumulated out of the rents and profits of the said premises after payment of the said weekly sums as aforesaid as of the produce of sale of the messuage or tenement and premises in the occupation of Thomas Hopcraft hereinbefore devised to my said Trustees for the purpose of sale after the decease of the survivor of them the said Ann Hopcraft and Mary Hopcraft upon trust in the first place to pay off and discharge the mortgage debt or sum of one hundred pounds and interest accrued to be paid to John Simpkins of Grimsbury? by a mortgage of the said Messu- age or Tenement Public house and premises or some part thereof and then upon trust to pay unto the said John Hopcraft of Banbury the further sum of forty pounds to whom I do hereby give and bequeath the same and to pay unto my executors herein after named the sum of ten pounds a piece for the trouble they will have in the execution of the trusts of this my will and then upon trust that they my said Trustees or the survivors or survivor of them do and shall lay out and invest the residue of the said monies which shall remain undisposed of after payment of my debts and funeral and testamentary expenses the said mortgage debt of one hundred pounds and the interest thereof the several legacies and weekly payments hereinbefore by me respectively given bequeathed in their or his names or name in the parliamentary State? or pub- -lic ffunds of Great Britain or at Interest on Government or real Securities in England and so and shall from time to time after vary and transpose the said trust monies to be laid out and invested as aforesaid for into or upon other Stocks ffunds and securities of the like nature at their or his discretion and I direct the said trustees or trustee for the time being to pay the interest dividends or profits thereof as and when the same shall become due and be received unto my nep -hew the said John Pratt or his assigns for and during the term of his natural life and from and after his decease upon trust to pay apply and dispose of the said trust monies and the stocks funds and securities in or upon which the same may have been laid out and invested into between and amongst all and every the child and children of the said John Pratt living at the time of his decease in equal shares and proportions as and when the sons shall severally attain the age of twenty one years and the daughters at that age or marriage which shall first happen and if there shall be but one such child living at the time of his decease then to such only child provided always and I hereby will & direct that they the said John Wall William Elsworth and William Margetts and the sur- -vivors and survivor of them and the heirs executors and adm[inistrat]ors of such survivor do and shall convey and assure all and every the messuages tenements Public house hereditaments and premises hereinbefore directed to be sold as and when ___ of the same shall be so respectively effected to the purchaser or several purchasers thereof and their heirs or otherwise as he she or they shall direct or apportion I do hereby declare that the receipt and receipts of them the said John Wall William Elsworth and William Margetts or of the Survivors or Survivor of them or of the heirs executors adminstrators or assigns of such Survivor shall be a good and sufficient discharge for the purchase money and that no such purchaser shall after payment of the same be answerable for or liable to see to the application of the same And I hereby direct that if the said Mortgage debt of one hundred pounds cash? be called in before my said trustees shall have sold the said Ship Public House I hereby authorise and _____ my said trustees or trustee for the time being to pay off the same out of any monies then remaining unappropriated in their or his hands or to raise by another mortgage upon the same messuage public house and premises such a Sum of money as may be necessary to pay off and disch- arge the said sum of one hundred pounds and the interest thereof and all costs charges occasioned by and incidental to such discharge And I hereby further declare that it shall be lawful for my said trustees and the survivors and survivor of them and the heirs executors and adm[inistrat]ors of such Survivor to retain to and reimburse them- selves and himself and to allow to each other all costs charges damages and expenses which they or any or either of them may pay or be put unto in the execution of the trusts of this my will and that they shall not be answerable or liable for any costs or damage which may happen to the said trust monies or any part thereof unless the same shall happen through their or his own wilful neglect or default and lastly I do hereby nominate constitute and appoint the said John Wall William Elsworth and William Margetts EXECUTORS of this my will hereby revo- -king all former Wills by me at any time hereto before made and declaring this to be my last Will and Testament In witness whereof I have hereunto set my hand and seal this fourteenth day of May in the year of our Lord one thousand eight hundred and thirty three John Hopcraft (signature) (Seal) Signed sealed published and delivered By the said John Hopcraft the testator as and for his last Will and Testament in the presence of us who have at his request in his sight and presence and in the sight and presence of each other subscribed our names as Witnesses thereof - Wm Boddington - J Hatton - William Burge PROVED at London 26th February 1835 before the Judge by the Oaths of John Wall Willliam Elsworth and William Margetts the Executors to whom Admon was granted having been first sworn (by comm[isi]on) duly to administer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||