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Will of John HOPCRAFT of Deddington

Will 14 May 1833   Probate 26 Feb 1835

Source: TNA no. PROB11/1842/387
Contributed by: Jon Malings Go to Translation Go to Transcript
Summary.
... me John Hopcraft of Deddington ... gentleman ...

NameRelationship[Comments] or Major Bequests
John HOPCRAFT Deddington
John WALLTrustee (Exec)Neithrop
William ELSWORTHTrustee (Exec)Banbury
William MARGETTSTrustee (Exec)Deddington
Ann HOPCRAFTSister
Thomas HOPCRAFTMentionDeddington
Mary HOPCRAFTLegatee[w Thomas]
William BAKERMentionBanbury
Elizabeth BAKERLegatee[w William]
Charlotte RYMILLLegateeBanbury
Mary RYMILLLegateeNorthampton
Thomas BISSELLLegateeDeddington
- GREENMentionDeddington
Elizabeth GREENLegatee[wife of above]
Walter STARKMentionEpwell
Mary STARKLegatee[w Walter]
- MATTHEWSMentionWalthamstow
Ann MATTHEWSLegatee[wife of above]
William OSBORNEMentionBanbury
Mary OSBORNELegatee[w William]
John HOPCRAFTLegateeBanbury
William HOPCRAFTLegateeBanbury
James HOPCRAFT SrLegateeBanbury
James HOPCRAFT JrLegateeBanbury
William HOPCRAFTLegateeDeddington
John PRATTNephewBanbury [with unnamed ch legatees]
John HOARELegateeSomerton
William WILSONLegateeNorth Bar St, Banbury
William HOPCRAFTTenantDeddington
James OXLEYTenantNeithrop
Charles WALKERTenantNeithrop
John POWELLTenantNeithrop
Jonathan ADAMSTenantBanbury
John SIMPKINSMortgageeGrimsbury?
William BODDINGTONWitness
J HATTONWitness
William BURGEWitness
 
Probate 26 Feb 1835 London ... John Wall Willliam Elsworth and William Margetts the Executors ...
Transcriber's Notes
 
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... 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"]
  • I give my friends John Wall of Neithrop, rope-maker, William Elsworth of Banbury, painter and William Margetts of Deddington, grocer, all my household goods, furniture, books, plate and linen, and all my other personal estate and effects, upon trust to sell [everything] and use the proceeds (after paying my debts and my funeral and testamentary expenses) for the same purposes as are mentioned below concerning the produce arising from the sale of my real estate.
  • I give my messuage or tenement, garden etc at Deddington now in the occupation of William Hopcraft, also three messuages or tenements etc at Neithrop now in the occupations of James Oxley, Charles Walker and John Powell, to my Trustees and their heirs etc Upon Trust to sell [all of it] and apply the proceeds (after expenses) plus the proceeds of the sale of my personal estate as above, towards the payment of the following bequests as soon as conveniently may be:
    • To Elizabeth the wife of William Baker of Banbury,tailor, 19 guineas
    • To Charlotte Rymill of Banbury spinster 19 guineas.
    • To Mary Rymill of Northampton spinster 19 guineas.
    • To Thomas Bissell of Deddington, farmer, 19 guineas.
    • To Elizabeth the wife of [blank] Green of Deddington, chaise driver, 19 guineas.
    • To Mary the wife of Walter Stark of Epwell, cordwainer, 10.
    • To Ann the wife of [blank] Matthews of Walthamstow, schoolmaster, 15.
    • To Mary the wife of William Osborne of Banbury, locksmith, 19 guineas.
    • To John Hopcraft of Banbury, cabinet-maker, 19 guineas.
    • To William Hopcraft of Banbury, slater, 19 guineas.
    • To James Hopcraft Sr of Banbury, mason, 19 guineas.
    • To James Hopcraft Jr of Banbury, mason, 19 guineas.
    • To William Hopcraft of Deddington, mason, 10.
    • To John Pratt of Banbury, cabinet-maker, 19 guineas.
    • To John Hoare of Somerton, schoolmaster, 19 guineas.
    • To my friend William Wilson of North Bar Street in Banbury 10.
  • I give my sister Ann Hopcraft my messuage or tenement and garden etc in Deddington now in the occupation of Thomas Hopcraft, mason, for life.
  • After her decease I give it to Mary the wife of the said Thomas Hopcraft for life.
  • After the decease of both Ann Hopcraft and Mary Hopcraft I give [the property] to my Trustees Upon Trust to sell it and use the proceeds for the same purposes as are mentioned below concerning the proceeds and accumulations of rent arising from the sale of The Ship public house.
  • As to my public house and premises called The Ship in Banbury with the warehouse and buildings etc now in the occupation of Jonathan Adams, I give it to my Trustees Upon Trust that they shall out of the rents and profits (after paying for repairs and insurance and also the interest of a mortgage debt of 100 mentioned below) pay my sister Ann Hopcraft 8s weekly for life, and to Mary the wife of Thomas Hopcraft 3s 6d weekly for life free from all duties etc, the first payments to be made within one week after my decease.
  • After the decease of both Ann Hopcraft and Mary Hopcraft and the expiration of Jonathan Adams' lease of the public house etc, Upon Trust to sell it and apply the proceeds (after expenses) plus any accumulated rents and profits, plus the proceeds of the sale of the property in the occupation of Thomas Hopcraft as above, for the following purposes:
    • To redeem the mortgage debt of 100 plus interest due to John Simpkins of Grimsbury?
    • To pay the said John Hopcraft of Banbury 40.
    • To pay my executors 10 apiece for their trouble.
    • To invest the residue (with discretion to vary investments) and pay the interest etc to my nephew the said John Pratt for life, and after his decease to divide the capital equally between all his children living at the time of his decease, for the sons at age 21 and the daughters at age 21 or marriage.
  • [Usual protection for purchasers]
  • If the 100 mortgage debt be called in before my trustees have sold The Ship public house, I authorise them to pay it out of any monies then remaining unused in their hands, or to raise enough money by another mortgage on the public house to pay it off with interest and costs.
  • [Permission for Trustees to recover expenses]
  • [Usual protection for Trustees against all but wilful default]
  • I appoint John Wall, William Elsworth and William Margetts Executors ... revoking all former wills

  • Witnesses Wm Boddington J Hatton William Burge
Probate 26 Feb 1835 London ... John Wall Willliam Elsworth and William Margetts the Executors ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
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