Henry HUTT of North Leigh

Will of Henry HUTT of North Leigh

Will 19 Jul 1839 Codicils 6 Sep 1839, 26 Dec 1839, 1 Jan 1840 Probate 15 Jul 1840

Source:	TNA no. PROB11/1931
Contributed by:	Anon	Go to Translation	Go to Transcript

Summary.

... me Henry Hutt of Northleigh ... gentleman ...
Name	Relationship	[Comments] or Major Bequests
Henry HUTT		North Leigh
John HUTT	Brother	Deceased
Susannah MERCHANT	Mention	Woodstock Deceased [mistress of John HUTT]
John MERCHANT	Legatee	Chilson [illeg s John HUTT, with ch legatees]
Susannah MERCHANT	Legatee	[w John]
James Hall NALDER	Trustee (Exec)	Alvescot
James LONG	Trustee (Exec)	Witney
John HUTT	Kinsman	Water Eaton
William HUTT	Kinsman	Thrupp
Matthew YOUNG	Mention	Begbroke
Ann YOUNG	Kinswoman	[w Matthew, nee HUTT]
Joseph HUTT	Kinsman	Wootton
Sarah PARTLOW	Cousin	North Leigh
Mary PARTLOW	Cousin	North Leigh
Francis COX	Mention	North Leigh
Phillis COX	Legatee	[w Francis]
Caroline COX	Legatee Witness	[d Phillis]
Henry HUTT	Cousin	Kidlington.
Richard HUTT	Cousin	Yarnton
William HUTT	Cousin	Wheatfield Farm near Tetsworth [bro Joseph of Holywell]
Joseph HUTT	Cousin	Oxford Holywell [bro William of Wheatfield Farm]
William HUTT	Cousin	Handborough
Sarah JONES	Sister	Deceased
Josiah JONES	Brother-in-law	Deceased
William JONES	Nephew	Charlton on Otmoor [s Josiah] Deceased later
John JONES	Nephew	Charlton on Otmoor [s Josiah]
Martha or Patty JONES	Niece	[d Josiah - "idiot"]
John NORTON	Cousin	[bro Rhoda GROVES]
Rhoda GROVES	Cousin	GLS Campden [sis John NORTON with 5 ch legatees]
Michael GROVES	Mention	[hus Rhoda]
Elizabeth HOWSE	Legatee	Milton-u-Wychwood
Caroline HOWSE	Legatee	Woodstock [d Elizabeth]
Esther HOWSE	Legatee	[d Elizabeth]
Richard HOWSE	Legatee	[s Elizabeth]
Mary HOWSE	Legatee	[d Elizabeth]
Sarah HOWSE	Legatee	[d Elizabeth]
Henry HUTT	Cousin	Deceased
Ann WIXON	Cousin	[d Henry HUTT]
Henry SMITH	1st Cousin	BRK Reading [bro Sarah WELLS]
Sarah WELLS	1st Cousin	[sis Henry SMITH]
William WELLS	Cousin	[s Sarah]
Sarah WELLS	Cousin	[d Sarah]
Ann WELLS	Cousin	[d Sarah]
John WELLS	Cousin	[s Sarah]
John HUTT	Mention	Kidlington
Sarah HUTT	1st Cousin	[w John, nee PARTLETT]
Ann Spencer WATTS	Cousin	Kidlington [d Sarah HUTT nee PARTLETT]
Thomas HUTT	Legatee	Witney
Rhoda WILKES	Legatee	Milton
Elizabeth SIMPSON	Legatee	GLS Bourton on the Water
Daniel HOWSE	Legatee	Milton
Maria PEARCE	Legatee	Kingham
James ELLIS	Mention	Oxford St Giles
Jane ELLIS	Legatee	[w James]
Arthur Hayward HUTT	Legatee	[nephew of Jane ELLIS]
Frederick HUTT	Legatee	[nephew of Jane ELLIS]
Elizabeth HUTT	Cousin	Thrupp
Francis EELEY	Legatee	Wolvercote [s Elizabeth HUTT of Thrupp]
William EELEY	Legatee	Wolvercote [s Elizabeth HUTT of Thrupp]
John EELEY	Legatee	Yarnton [s Elizabeth HUTT of Thrupp]
John HUTT	Cousin	Shutford Deceased
Richard HUTT	Legatee	[s John of Shutford]
William HUTT	Legatee	[s John of Shutford]
John HUTT	Legatee	[s John of Shutford]
James HUTT	Legatee	[s John of Shutford]
Ann HUTT	Legatee	[d John of Shutford]
Elizabeth HUTT	Legatee	[d John of Shutford]
Mary HUTT	Legatee	[d John of Shutford]
Sarah HUTT	Legatee	[d John of Shutford]
Alice HUTT	Legatee	[d John of Shutford]
Richard HUTT	1st Cousin	Northmoor [bro Thomas]
William HUTT	Cousin	[s Richard]
Elizabeth GRUBB	Cousin	[d Richard]
Sarah SEERS	Cousin	[d Richard]
Henry HUTT	Cousin	[s Richard]
Thomas HUTT	Cousin	[s Richard]
Mr NALDER	Mention	Ducklington
Thomas HUTT	1st Cousin	[bro Richard - with unnamed ch legatees]
Joseph HEMMINGS	Mention	North Leigh
Elizabeth HEMMINGS	Mention	North Leigh [w Joseph]
Edward HEMMINGS	Legatee	[s Joseph & Elizabeth]
Mary HEMMINGS	Legatee	[d Joseph & Elizabeth]
Sarah HEMMINGS	Legatee	[d Joseph & Elizabeth]
John HEMMINGS	Legatee	[s Joseph & Elizabeth]
Susannah HEMMINGS	Legatee	[d Joseph & Elizabeth]
Joseph HEMMINGS	Legatee	[s Joseph & Elizabeth]
William PARTLETT	Mention	North Leigh Deceased
Rachael PARTLETT	Mention	North Leigh Deceased [w William]
Henry PARTLETT	Legatee	[s William & Rachael]
William PARTLETT	Legatee	[s William & Rachael]
Emanuel PARTLETT	Legatee	[s William & Rachael]
James PARTLETT	Legatee	[s William & Rachael]
John PARTLETT	Legatee	[s William & Rachael]
Alice HARRIS	Cousin	Deceased [formerly Partlett]
Mary MIDWINTER	Cousin	[d Alice HARRIS]
Sarah COOK	Cousin	[d Alice HARRIS]
John HARRIS	Cousin	[s Alice HARRIS]
William HARRIS	Mention	North Leigh Deceased
Mary HARRIS	Legatee	[w William]
Joseph HUTT	Cousin	Deceased
Amy HUTT	Cousin	Charlton on Otmoor [d Joseph dec'd]
Mary HUTCHINS	Cousin	Bladon Deceased
Lucy HUTCHINS	Cousin	[d Mary]
Edmund HUTCHINS	Cousin	[s Mary]
Jonathan HUTCHINS	Cousin	[s Mary]
Seby? HUTCHINS	Cousin	[ch Mary]
Samuel GREEN	Mention
Sarah GREEN	Mention	[w Samuel]
Rachel GREEN	Legatee	[d Samuel & Sarah]
Mary Ann GREEN	Legatee	[d Samuel & Sarah]
Henry GREEN	Legatee	[s Samuel & Sarah]
Henry PARTLETT	Mention	North Leigh
Mary PARTLETT	Mention	North Leigh [w Henry]
Alice PARTLETT	Cousin	[d Henry & Mary PARTLETT] Deceased
Mary Ann CLARKE	Cousin	MDX Brentford [d Alice PARTLETT]
Margaret HUTT	Cousin	Deceased
John LOVEGROVE	Cousin	Oxford [s Margaret HUTT]
Elizabet WOODWARD	Mention	Thrupp Deceased [formerly HUTT]
Jane GILES	Legatee	Hampton Poyle [gr-d Elizabeth WOODWARD]
Richard BOWERMAN	Tenant
Thomas TURNER	Tenant
James LAUNCHBURY	Tenant
John COXETER	Tenant
Mrs Elizabeth ADAMS	Tenant
James BOBBIN Sr	Tenant
James BOBBIN Jr	Tenant
James HILL	Tenant
Henry JENNINGS	Tenant
William RYMES	Tenant	[with unnamed son]
William HUTT	Tenant
Daniel WESTELL	Mention	ex-solicitor
James WESTELL	Mention	ex-solicitor
Thomas LEE	Mention Witness	Ducklington solicitor
Joseph SHEPHERD	Mention	North Leigh
John Francis LAY	Mention Witness	North Leigh
Ann WIGGINS	Legatee Servant
Richard BROOKS	Witness	North Leigh
Robert WILLIAMS	Witness	Witney
Mary Ann COX	Witness	servant

Probate 15 Jul 1840 London (with 3 codicils) ... James Hall Nalder and James Long the Executors ...

Transcriber's and Editor's Notes

This is a very long and solicitor-stretched will, but with an unusual amount of information.
It also has by far the largest number of legatees of any of our 5-6000 wills.
Unfortunately he calls a lot of people "cousin" or "kins[wo]man" -- where the real relationship can occasionally be deduced it is used in the Summary.
He (or his solicitor) is clearly keen to ensure that his Copyhold properties end up in the right hands. The editor has abbreviated the song and dance re "surrender" -- anyone interested should view the Transcript below.
Cousins Sarah and Mary PARTLOW are in Codicil 3 referred to as PARTLETT -- the editor believes this to be a clerical error, but users should be aware of the problem.
He was very clear about not wanting the long-standing firm of Westells as his solicitors. They had drawn up his brother John's will a few years earlier -- perhaps they had annoyed him in some way :-)
The following details are believed to be true but should not be totally relied upon:
Testator: Brother of John (1838 qv).

Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary

... me Henry Hutt of Northleigh ... gentleman ...

I give my kinsman John Hutt of Water Eaton, farmer, 1s.
I give the following to my kinsman William Hutt of Thrupp, farmer, and his heirs etc forever, subject as below:
- My estate, farm and lands at Ramsden consisting of a farmhouse and homestead, barns stabling, hovels and farm buildings, yards, garden and adjoining orchard or paddock of about five acres.
- An enclosed ground of about six acres of arable land called the Saintfoin Ground.
- Another enclosed arable ground of about four acres called Witney Stile Close,
- Certain lands dispersed in the open fields of Ramsden in Goat Field, Little Field, Old Field and Shutlock, altogether about 62 acres, with all common and other rights etc.
- My enclosed field of about 17 acres of arable land at Gigley Lane in Hailey known as Hutts Upper Ground, and the adjoining enclosed ground of about 12 acres of pasture land called Hutts Meadow, with all their rights etc.
  The above properties were formerly in the tenure of Richard Bowerman as tenant to my late brother John Hutt and myself, and are now occupied by Thomas Turner as my tenant.
- My cottage, barn and garden at Ramsden, late Lineham's and now occupied by my tenants James Launchbury and John Coxeter.
The properties at Ramsden (but not at Hailey) are charged with a life annuity of Ł25 pa to my kinswoman Ann, wife of Matthew Young of Begbroke, farmer, (formerly Ann Hutt, spinster), payable free of deductions by equal half-yearly payments at Lady Day and Michaelmas beginning on the first such day after my decease, her receipts (notwithstanding her coverture) being good legal receipts for the annuity.
[Authority for Ann Young to distrain if a payment is 21 days late].
At a Court recently held for the Manor of North Leigh I have surrendered the following Copyholds [See Note] to my kinsman Joseph Hutt of Wootton Downs in Wootton, farmer, and his heirs etc forever (subject to my own life interest in them):
- My two enclosed grounds of about 20 acres of arable land in the former open commons of North Leigh, on the west or northwest side of the Witney and Woodstock Turnpike Road [now A4095] and now in the occupation of Mrs Elizabeth Adams as my tenant, being an allotment made to my late brother John Hutt and myself on the enclosure of those commons in lieu of certain Cottage Commons.
- My two cottages and gardens at New Yatt, near Kite Lane in North Leigh, occupied by James Bobbin Sr and James Bobbin Jr.
I also give the following, with all their rights etc, to Joseph Hutt and his heirs etc forever:
- My two enclosed fields of about 10 acres of pasture land in North Leigh called Poultons Grounds and Calves Close, now in the occupation of my tenant Mrs Adams.
- My two enclosed grounds of about 1½ acres each called the Little Commons (formerly Ellis's) on the east or southeast side of the [A4095 road], also now in the occupation of my tenant Mrs Elizabeth Adams.
- My cottage and garden in North Leigh near to Kites Lane at New Yatt occupied by James Hill [It seems that the underlining appeared on the original will and was copied by the PCC clerk.]
I have also surrendered my Copyhold [See Note] dwellinghouse, close, garden etc at North Leigh, occupied by my cousins Sarah Partlow and Mary Partlow, to them and their heirs etc forever.
I give my dwellinghouse, garden and premises in North Leigh wherein I now dwell, together with its brewhouse, stable and outbuildings also now in my own occupation, to Phillis Cox, wife of Francis Cox of North Leigh, woodman, and her heirs etc forever in recompense for her care and attention to me as my nurse and attendant.
I give the following properties ...
- My farmhouse and homestead, barn, stable buildings and garden at Hailey called The Breach.
- My six enclosed grounds of about 34 acres of arable and pasture land adjoining The Breach and occupied by my tenant Henry Jennings, namely The Home Ground (arable, 6 acres); The Paddock (pasture, 1 acre); Collis's Ground (pasture, 5 acres); Long Ground (arable and pasture, 13 acres); Little Hatfield Pitts Ground (pasture, 2 acres) and Goffe's Ground (pasture, 7 acres).
- My enclosed coppice and woodland of about 12 acres called Hutts Copse near Hatfield Pitts in Hailey, now in my own occupation, with all its timber trees and underwood.
- The messuage, garden etc adjoining to and on the northern side of the dwellinghouse, garden etc where I now dwell in North Leigh, now occupied by William Rymes and his son.
- My enclosed ground of about 6 acres of arable in North Leigh called Rymes's Piece.
- My enclosed ground of about 10 acres of arable in Eynsham called Bell Close.
- My allotment and piece of land of about 6 acres called Langfords Ground in North Leigh.
- My close of about 11 acres of arable land called Woodside or Mandsmore Close at Charlton on Otmoor, with the adjoining piece or allotment of about 2 acres of land on part of the Meadow or Commons of Otmoor, both now occupied by William Hutt as my tenant.
- All the rights etc to all the above.
to James Hall Nalder of Alvescot, gentleman, and James Long of Witney, auctioneer, and their heirs etc Upon Trust as follows:
- To collect the rents etc and pay the money (after expenses) to John Merchant of Chilson [nr Chadlington], labourer, the illegitimate son of Susannah Merchant of Woodstock, spinster deceased, by my late brother John Hutt, for life.
- After John Merchant's decease to pay the money to his present wife Susannah for life.
- After the decease of the survivor of John and Susannah (or at any time during their lives, with their consent in writing), to sell [all the above] and hold the proceeds (after expenses) In Trust to be equally divided between all John's children living at his decease, if sons at age 21, if daughters at age 21 or earlier marriage.
  If no child of John Merchant lives to inherit, the proceeds are to sink into my residuary personal estate.
- [Usual protection for purchasers]
- After the decease of John and Susannah and in the meantime until the children's share(s) become payable, my trustees may at their discretion apply all or part of the dividends etc of each child's share towards his/her maintenance, education and support, or otherwise for his/her benefit or advancement in the world.
  My trustees may also at their discretion raise and apply up to one-third part of the principal money of a child's share for his/her preferment or advancement in the world, or for the purpose of placing him/her to any business, trade or employment etc.
- My trustees may fell any timber or other trees and woods as may be necessary for repairs of the trust premises.
  They may also cut down and sell such timber and other trees, wood and underwood as are of full growth, invest the proceeds (after expenses) and apply the interest etc for the same purposes as above.
- My trustees may lease all or part of my trust estates to any responsible person(s) for any term up to 21 years, on the usual conditions of rent increases, reentry if rents are unpaid for 21 days, lessees not being allowed to commit waste.
- [Arrangements for replacement of Trustees or Executors].
- [Usual protection for Trustees against all but wilful default]
- [Permission for Trustees to recover expenses]
I give my trustees Ł20 Upon Trust to invest it and apply the proceeds to the repairs of the tomb to be erected over my remains in North Leigh churchyard when necessary.
I give all the residue (if any) of my real estates and property (except estate vested in me by mortgage or upon trust) to my kinsman William Hutt of Thrupp and his heirs etc forever.
I give all my household goods and furniture, plate, linen, china, books, prints and pictures to Phillis Cox and John Merchant equally divided.
I give all my ready money, cash in the house and at my bank, all my mortgages, bonds, bills, notes and other securities for money, and all my other personal estate, goods, chattels and effects not already disposed of to James Hall Nalder and James Long Upon Trust to [liquidate], and with the proceeds pay my debts, funeral and testamentary expenses and their own expenses, and then the following legacies:
- Ł250 to my cousin Mary Partlow of North Leigh, spinster.
- Ł250 to my cousin Sarah Partlow of North Leigh, spinster.
- Ł250 to my cousin Henry Hutt of Kidlington.
- Ł250 to my cousin Richard Hutt of Yarnton, yeoman.
- Ł250 to my cousin William Hutt of Wheatfield Farm near Tetsworth, farmer.
- Ł100 to my cousin William Hutt of Handborough, yeoman.
- Ł100 to William Jones of Charlton on Otmoor, yeoman, son of the late Josiah Jones who married my late sister Sarah Jones, In Trust to apply it at his discretion for the sole benefit and personal comforts of Martha or Patty Jones, his idiot sister now residing with him.
- All those legacies are to be paid twelve months after my decease but not sooner, and without interest in the meantime.
Then my trustees are to pay the following legacies:
- Ł50 to my cousin John Norton.
- Ł50 to his sister Rhoda Groves of Campden, widow.
- Ł50 to Elizabeth Howse of Milton under Wychwood.
- 19 Guineas to Ann Wixon, the daughter of my late cousin Henry Hutt.
- Ł50 to my first cousin Henry Smith of BRK Reading, grocer.
- Ł50 to my first cousin Sarah Hutt, wife of John Hutt late of Kidlington (formerly Sarah Partlett).
- Ł10 to Thomas Hutt of Witney for his care and attention to me.
Finally my trustees are to divide the residue equally between the following legatees:
- Rhoda Wilkes of Milton.
- Elizabeth Simpson of GLS Bourton on the Water.
- Daniel Howse of Milton.
- Maria Pearce of Kingham.
- Caroline Howse of Woodstock, Esther Howse, Richard Howse, Mary Howse and Sarah Howse, the nine [sic] children of Elizabeth Howse.
- Amongst the five children of Rhoda Groves (whose names I do not know).
- Jane Ellis, wife of James Ellis of St Giles Oxford, broker.
- Arthur Hayward Hutt and Frederick Hutt, nephews of Jane Ellis.
- Francis Eeley and William Eeley of Wolvercote and John Eeley of Yarnton, children of my cousin Elizabeth Hutt of Thrupp.
- Richard, William, John, James, Ann, Elizabeth, Mary, Sarah and Alice, children of my late cousin John Hutt of Shutford.
- William Hutt, Elizabeth Grubb, Sarah Seers, Henry Hutt and Thomas Hutt, children of my first cousin Richard Hutt formerly living with Mr Nalder of Ducklington but afterwards of Northmoor.
- The children of his brother Thomas Hutt deceased (whose names I do not know).
- William, Sarah, Ann and John, children of Sarah Wells, the sister of the above Henry Smith.
- Edward, Mary, Sarah, John, Susannah and Joseph, children of Joseph and Elizabeth Hemmings late of North Leigh.
- Henry, William, Emanuel, James and John, children of William and Rachael Partlett of North Leigh deceased.
- Mary Midwinter, Sarah Cook and John Harris, children of my late cousin Alice Harris formerly Partlett.
- Mary the widow of William Harris late of North Leigh.
- Amy Hutt of Charlton on Otmoor, daughter of my late cousin Joseph Hutt.
- Joseph Hutt of Holywell, Oxford, brother of the above William Hutt of Wheatfield Farm.
- Lucy, Edmund, Jonathan and Seby? children of my late cousin Mary Hutchins of Bladon.
- Rachel, Mary Ann and Henry, children of Samuel and Sarah Green.
- Mary Ann Clarke of MDX Brentford, daughter of my late cousin Alice who was the daughter of Henry and Mary Partlett of North Leigh.
I give my trustees all the real estates now vested in me as trustee, Upon Trust to carry out the trusts etc affecting them.
I give my trustees all the real estates now vested in me by way of mortgage, Upon Trust to [deal with the mortgages].
I empower my executors to [deal with my debtors and creditors at their discretion].
I appoint James Hall Nalder and James Long as my Executors, and give them ten guineas each as a legacy and acknowledgement for their trouble.
All sales and valuations of all or any part of my trust estates are to be made by James Long [auctioneer, remember] who is to be entitled to charge his usual fees etc for the work out of the proceeds.
I direct my executors and trustees to consult with and employ my solicitor Mr Lee in their trusteeship and executorship, and on no account to consult or employ my late solicitors Daniel and James Westell.
I revoke all former wills.
Witnesses Richard Brooks, blacksmith and J T Lay, farmer, both of North Leigh; Robert Williams, Witney

====================================
Codicil 1: 6 Sep 1839

In my will I have given my farmhouse etc called The Breach in Hailey with adjpining land, a house etc in North Leigh occupied by William Rymes and his son, and various other lands, to my trustees Upon Trust for the benefit of John Merchant and his wife Susannah for life.
I have also declared that after John's and Suannah's decease (or during their lives with their consent in writing) my trustees may sell [all or any of it] and hold the proceeds In Trust for all John's children who survive him at age 21 or (for girls) earlier marriage, but that if there is no such child the money is to sink into my residuary personal estate .
Now I declare that if any such sale is made during the lives of John and Susannah or the survivor of them, my trustees are to invest the proceeds (after expenses) (with power to vary investments) and pay the dividends etc to John for life, and after his decease to Susannah for life.
After the decease of both John and Susannah my trustees are to hold the investments etc In Trust for John's children as laid down in my will.
But if any of John's children die in his lifetime having been married and leaving surviving children, and any such children are living at the time of John's death, the shares to which John's children so dying and leaving issue would have been entitled if they had lived to inherit are to go to their children.
In the list of the residuary legatees of my personal property I have omitted the names of my kinsman John Lovegrove of Oxford, son of my late cousin Margaret Hutt; of my cousin Ann Spencer Watts of Kidlington, daughter of my cousin Sarah Partlett (afterwards Sarah Hutt), and of Jane Giles of Hampton Poyle, a granddaughter of the late Elizabeth Woodward (formerly Elizabeth Hutt) of Thrupp.
John Lovegrove, Ann Spencer Watts and Jane Giles are to share equally with the persons already named.
In my will I have given Ł100 to William Jones of Charlton on Otmoor Upon Trust for the benefit of Martha or Patty Jones. his idiot sister.
William Jones has now died, and I give the Ł100 to his brother John Jones [on the same Trusts].
In my will I have mistakenly described my legatee Rhoda Groves as a widow.
The legacy given to her is to be paid to Rhoda Groves, wife of Michael Groves of GLS Campden, labourer.
In my will I have given the residue of my real estate and property (except estates vested in me by mortgage or upon trust) to my kinsman William Hutt of Thrupp and his heirs etc.
I declare that it is intended to be a gift of the residue of my real estate only, and is not intended to infer a gift of the residue of my personal property.
I confirm the rest of my will.
Witnesses Mary Ann Cox, servant to Mr Hutt; Thos Lee, Ducklington, solicitor

=======================================
Codicil 2: 26 Dec 1839

I have given my freehold and copyhold estates in Ramsden, North Leigh, Hailey and Charlton on Otmoor for the benefit of persons named.
Now I am advised that the timber and timber-like trees growing on those estates will pass to the devisees, which is not my intention.
I therefore revoke the bequests of those estates (so far only as it relates to [the trees] growing thereon).
Instead I give [the trees] to my trustees Upon Trust to sell all or as many of them as they think fit to be felled (within twelve months after my decease), with full authority for them or any purchaser, with servants, workmen, horses, carts and carriages, to enter any of the lands for the purpose of felling, cutting down, digging or grubbing up the timber and taking it away, at all seasonable times.
My trustees are to treat the proceeds (after expenses) as part of my residuary personal estate and divided among its recipients.
I give such of [the trees] as my trustees do not think fit to sell, but which remain on my estates twelve months after my decease, to the persons as named in my will and their heirs.
I wish to make some provision for the support of the recently built Parochial School for the education of poor children in North Leigh, which stands in great need of funds.
I give my executors Ł175 Upon Trust to invest it (within three months after my decease) in their own names and those of Joseph Shepherd and John Francis Lay, parishioners of North Leigh, and pay the interest etc towards the maintenance of the School and the education of the poor children taught there forever.
My executors are to pay the legacy duty re this bequest out of my residuary personal estate.
I give Ł10 to my executors to be distributed in bread and clothing amongst the poor persons of North Leigh within three months after my decease, in such manner and proportions as my executors think proper.
I confirm my will and a former codicil in all other respects.
Witnesses Caroline Cox; Robert Williams; Thomas Lee

=======================================
Codicil 3: 1 Jan 1840

My executors are to give to my cousins Sarah and Mary Partlett, Mrs Phillis Cox and her daughter Caroline, my servant Ann Wiggins and any other persons whom they ,think proper such suits of mourning as they in their discretion think fit, charging the expense thereof against my personal estate.
I direct them to conduct my funeral in such manner as they think advisable according to my property and station in life, and authorise them to charge the whole expenses of my funeral against my residuary personal estate.
In all other respects I confirm my will and previous codicils.
Witnesses Robert Williams, Witney; Thomas Lee

Probate 15 Jul 1840 London (with 3 codicils) ... James Hall Nalder and James Long the Executors ...

As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.

Henry Hutt

This is the last Will & Testament
of me Henry Hutt of Northleigh in the County of Oxford Gentleman
I give and bequeath unto my kinsman John Hutt of Water Eaton
in the County of Oxford ffarmer the sum of one shilling I give and
devise unto my kinsman William Hutt of Thrupp in the said

County of Oxford ffarmer his heirs and assigns all that and all those my
estate farm and lands situate at Ramsden in the said County of Oxford
consisting of a farm house and homestead barns stabling hovels and
farm buildings yards garden and orchard or Paddock adjoining
containing about five acres an inclosed ground of arable land called
the Saintfoin Ground containing about six acres and another inclosed
arable ground called Witney Stile Close containing about four acres
and also certain lands lying disposedly in the open and common
fields and precincts of Ramsden aforesaid namely in Goat ffield Little
ffield old ffield and in Shutlock altogether computed as sixty two
acres or thereabouts together with all Common and other rights
privileges and appurtenances to the same lands hereditaments and
premises or any of them belonging and also all that my inclosed field
of arable Land situate near or at Gigley Lane in the Hamlet of
Hailey in the Parish of Witney in the said County of Oxford containing
by estimation seventeen acres (more or less) and known as Hutts upper
ground and also all that my inclosed ground of pasture land lying
next adjoining to the last mentioned field in Hailey aforesaid and
called Hutts Meadow containing by estimation about twelve acres
together with all rights members and appurtenances to the said two
grounds or fields belonging all which said hereditaments and
premises were late in the tenure and occupation of Richard Bowerman
as tenant to my late brother John Hutt and myself and are now
occupied and held by Thomas Turner as my Tenant and also all
that my Cottage Barn and garden at Ramsden aforesaid late
Lineham's and occupied by my tenants James Launchbury and John
Coxeter to hold unto and to the use of the said William Hutt his
heirs and assigns for ever but nevertheless as to my said messuage
and farm lands and hereditaments at Ramsden aforesaid subject to
and charged and chargeable with one annuity and clear yearly
rent charge of twenty five pounds to be yearly and every year ^charged
thereon ^{and paid and payable thereout and thereof} for and during the term of the natural life of my kinswoman
Ann the wife of Matthew Young of Begbrook in the said County of Oxford ^farmer
(formerly Ann Hutt Spinster) which I give devise and bequeath to the
said Ann Young and charge on my ^said messuage lands tenements and
hereditaments at Ramsden aforesaid (but not on my said two grounds
and land at Hailey aforesaid) and will order and direct the same to
be paid and payable to her the said Ann Young yearly and every
year during the term of her natural life free of all charges and
deductions whatsoever by two equal half-yearly payments on the
twenty fifth day of March and the twenty ninth day of September in
every year the first payment to be made and paid on such of the said
two days or times in the year as shall first happen next after the day of
my decease and I will order and direct that the receipt and receipts of the
said Ann Young notwithstanding her coverture shall be good and
legal receipts and discharges for the said Annuity and rent charge And
that she shall have and exercise right and remedy by distress on the said
Lands tenements and hereditaments for the recovery thereof or any part
or parcel thereof if the same or any part thereof shall be in arrear
and unpaid for the space of twenty one days next after the same or
any part thereof shall have fallen and become due as hereinbefore
directed and all other powers and remedies in the law in like manner
as landlords have by law for the recovery of rents reserved by lease or
at rack rent And Whereas I have at a Court lately holden in and for
the Manor of Northleigh aforesaid surrendered unto and to the use of
my kinsman Joseph Hutt of Wootton Downs in the Parish of Wootton
in the County of Oxford ffarmer (subject to a life interest or estate

therein to myself) all those my two inclosed grounds of arable
land containing together about twenty acres (more or less) situate at or
in the late open commons of Northleigh aforesaid on the Western or
North West side of the Witney and Woodstock Turnpike Road and now
in the occupation of Mrs Elizabeth Adams my tenant being an
allotment or allotments made to my late brother John Hutt and
myself or one of us on the inclosure or allotment of the late open
commons in Northleigh for and in lieu of certain Cottage Commons
and also all those my two Cottages or tenements and gardens
situate at New Yatt near ^to Kite Lane in Northleigh aforesaid
occupied by ^{James Bobbin Senior and} James Bobbin Junior and which said allotments and
land and commons or some of them and the said Cottages and
Gardens were and are of copyhold or customary tenure held
under the Manor or Lordship of Northleigh aforesaid and by
the Custom thereof said not to be devisable or to be disposed of by
will but only by surrender but nevertheless I hereby certify and
confirm the said surrender or surrenders and also for security sake
I give and devise the said two grounds and inclosed ffields of
arable land last named and also the said Cottages and Gardens so
far as I lawfully can or may unto and to the use of the said Joseph
Hutt his heirs and assigns for ever and I also give and devise unto
the said Joseph Hutt his heirs and assigns all those my two
inclosed grounds or fields of pasture land in Northleigh aforesaid
called Poultons Grounds and Calves Close and containing about ten
acres in the occupation of my tenant Mrs Adams and also all
those my two inclosed grounds called the Little Commons formerly
Ellis's situate on the Eastern or South East side of the said Witney and
Woodstock Road in Northleigh aforesaid containing about an acre
and a half each also now in the occupation of the said Mrs
Elizabeth Adams my tenant and also all that my Cottage and
Garden in Northleigh aforesaid near to Kites Lane at New Yatt
occupied by James Hill together with all rights members and
appurtenances whatsoever to the said messuages lands tenements
hereditaments and premises and every part thereof belonging to
hold unto and to the use of the said Joseph Hutt his heirs and assigns
for ever and whereas I am also possessed of a messuage or dwelling
house Close Garden and premises at Northleigh aforesaid occupied
by my Cousins Sarah Partlow and Mary Partlow and which being
of the aforesaid same copyhold or customary tenure held of the
Manor of Northleigh aforesaid and consequently said or supposed
not to be disposable or devisable by will I have at the said Court
before mentioned to be lately held surrendered the same unto and
to the use of the said Sarah Partlow and Mary Partlow and their
heirs and assigns but nevertheless for the reasons before stated
respecting the said tenure and for the sake of security and caution
I think it necessary herein to notice and ratify the said surrender and
my intention and therefore I hereby give and devise the said
last named messuage or dwelling house close garden and premises
at Northleigh aforesaid so far as I lawfully can or may do unto
the said Sarah Partlow and Mary Partlow to hold to them their
heirs and assigns for ever I give and devise unto Phillis Cox the
Wife of ffrancis Cox of Northleigh aforesaid Woodman all that my
dwellinghouse garden and premises in Northleigh aforesaid
wherein I now dwell together with the Brewhouse Stable and
outbuildings thereunto belonging now also in my own occupation
to hold the same premises unto the said Phillis Cox her heirs and
assigns for ever as a compensation and recompence for her care

and attention to me as my Nurse and attendant I give and devise
unto James Hall Nalder of Alvescott in the County of Oxford Gentleman
and James Long of Witney in the said County Auctioneer their heirs
and assigns all that my farm house and homestead barn stable
buildings and garden situate at Hailey aforesaid called the Breach
and also all those my six inclosed grounds of arable and pasture land
lying near adjoining thereto and for some time past rented and
occupied by my Tenant Henry Jennings and containing in the whole
thirty four acres (more or less) namely The Home Ground arable six
acres The Paddock pasture one acre Collis's Ground pasture five acres
Long Ground arable and pasture thirteen acres Little Hatfield Pitts
Ground pasture two acres and Goffe's ground pasture seven acres and
also all that my inclosed Coppice and Wood land called Hutts Copse
containing twelve acres more or less situate at or near to Hatfield Pitts
in Hailey aforesaid and now in my own occupation and all Timber Trees
and underwood standing and growing thereon together with all rights
members and appurtenances to the said last named messuage farm
lands Coppice wood hereditaments and premises and every part
thereof belonging and also the messuage garden and premises lying
next adjoining to my dwelling house garden and premises in
Northleigh aforesaid wherein I now dwell on the Northern side of my
said residence and occupied by William Rymes and his son and also
my inclosed ground of arable in Northleigh aforesaid called Rymes's piece
containing about six acres my inclosed ground of arable in Ensham
called Bell Close containing about ten acres & my allotment and piece of
land called Langfords ground in Northleigh aforesaid containing about
six acres and my close of Arable land called Woodside or Mandsmore
Close situate at Charlton upon Ottmore in the said County containing
about eleven acres and piece or allotment of land on part of the Meadow
or Commons of Ottmore aforesaid containing about two acres and to
the said Close belonging & now occupied therewith by William Hutt as
my tenant together with all rights members and appurtenances to the
said hereditaments belonging to hold the same unto the said James
Hall Nalder and James Long their heirs and assigns but nevertheless
upon and for and subject to the following special trusts ends intents and
purposes (that is to say) upon trust that they the said James Hall
Nalder and James Long and the survivor of them and the heirs
executors and administrators of such survivor do and shall collect
receive and take all the rents issues and profits of all and singular
and every part of the said closes lands and hereditaments and pay the
same and every part thereof when so received after deducting all costs
and expences attending such receipt and the trusts hereby in them reposed
unto and into the proper hands of John Merchant of Chilson in the
said County of Oxford Laborer the illegitimate or natural son or so
reputed and known of Susannah Merchant formerly of Woodstock in
the County of Oxford Spinster deceased by my late brother John Hutt
deceased and to his assigns for and during the term of his natural life
and from and after the decease of the said John Merchant then in
trust in like manner to pay over the said rents issues and profits and
every part thereof when and as the same shall be received by my
said trustees as aforesaid into the proper hands of Susannah the
present wife of the said John Merchant and her assigns for and
during the term of her natural life and to whom accordingly I hereby
give and bequeath the same and from and immediately after the
decease of the survivor of them the said John Merchant and
Susannah his wife or at any time during their joint natural
lives or the life of the survivor of them by and with their his or her

consent in writing for that purpose then upon trust that they the
said James Hall Nalder and James Long and the survivor of them
and the heirs executors and administrators of such survivor do and
shall as soon as conveniently may be make sale and absolutely dispose
of all and singular and every part and parcel of the said closes lands
and hereditaments so as aforesaid given and devised to them the said
James Hall Nalder and James Long as aforesaid either by public
auction or private contract and in one or more lot or lots or partly by
private sale and partly by public auction as to them my said trustees
or trustee for the time being shall seem best and at their or his discretion
and also to make execute and perfect all ^{necessary and proper contracts and all} necessary and proper deeds
conveyances and assignments for the purpose of conveying and vesting
the same to or in any purchaser or purchasers thereof or to or in such
other person or persons or for such uses intents and purposes as he or
they shall direct or appoint and I declare and direct that the receipt and
receipts of the said James Hall Nalder and James Long or the
survivor of them or other the trustees or trustee of this my will for the time
being shall be a good and sufficient discharge to the purchaser or
purchasers of the said trust estates or of any part thereof for all or any
part of the purchase monies which in such receipt or receipts shall be
acknowledged or expressed to be or to have been received and that
such purchaser or purchasers his or their heirs or assigns shall not
afterwards be answerable for or liable to see to the application or in
any manner responsible for the nonapplication or misapplication of
the same or any part thereof and I hereby will order direct and declare
that they the said James Hall Nalder and James Long and the
survivor of them and the executors and administrators of such
survivor or any other the trustees or trustee for the time being of this
my will do and shall from time to time and at all times stand possessed
of and interested in the monies to arise and be produced by the sale of
my said last mentioned and devised lands estates and hereditaments so
give unto them in trust as aforesaid (after payment thereout of the costs of
such sales) in trust for all and every or such of the children of the said
John Merchant who shall be living at the time of his decease who
being a son or sons shall have attained or shall live to attain their
age of twenty one years or being a daughter or daughters shall
have attained or shall live to attain that age or shall have been
^{or shall live to be} married whichever shall first happen equally to be divided between
and amongst them if more than one share and share alike and if but
one such child then in trust for and for the sole use of such ^one child absolutely
but if no child of the said John Merchant shall live to attain the age
of twenty one years being a son or being a daughter shall live to
attain that age or be married then I will order and direct that their
said trust monies to be produced from my said last named lands and
hereditaments so devised in trust as aforesaid shall sink into and form a
part of my residuary personal estate and go and be disposed of as the
same is hereinafter given and bequeathed provided always and I
further will order direct and appoint that from and after the decease
of the said John Merchant and Susannah his wife my said trustees or
trustee for the time being do and shall in their or his discretion in the
mean time until the share or shares of the said children of the said
John Merchant of and in the said trust monies and estates shall
become vested in or payable to them respectively as aforesaid pay
and apply all or such parts of the rents and profits of all or any of
the said lands and hereditaments until the same shall be sold as
aforesaid or of the dividends interest and annual income to arise
from the presumptive or expectant share or shares of each of such

children respectively of and in the aforesaid trust monies for and towards
the maintenance education and support of such child or children
respectively or otherwise for his her or their benefit or advancement in
the world and also that it shall and may be lawful for them my said
trustees or trustee for the time being of this my will at any time or times
and from time to time as they or he shall see occasion and at his or
their discretion to raise advance pay and apply any part or parts
not exceeding one third part of the capital or principal monies of the
expectant or presumptive share or shares of such children respectively
for his her or their preferment or advancement in the world or for the
purpose of putting or placing him her or them to or in any business
trade or employment or otherwise in such manner as my said trustees
or trustee for the time being in their or his discretion shall think proper
any thing hereinbefore contained to the contrary thereof in anywise
notwithstanding And I do hereby declare that it shall and may be
lawful to and for my said trustees or trustee for the time being to fell
and cut down any timber or other trees and woods as may be necessary
for the repairs of the said trust estates and premises and to cut and make
sale of such timber and other trees wood and underwood as shall be of
full and proper growth and standing and after payment of the costs and
charges attending such last mentioned sale upon trust to invest the clear
surplus of the monies arising therefrom upon government or real
security at interest and pay and apply the interest dividends and
annual produce thereof in such manner as is hereinbefore directed
respecting the rents issues and profits of my said trust estates or the
interest or annual produce of the monies arising from the sale thereof
provided also and my will further is that it shall be lawful for
my said trustees and trustee for the time being to demise or lease all or
any part of my said trust estates and premises to any responsible
person or persons for any term or number of years not exceeding
twenty one years and so as by every such demise or lease there be
reserved and made payable during the continuance thereof the best
and most improved yearly rent that can be obtained or reasonably
expected for the premises therein comprized and so as in all and every
such demise or lease there be contained a proviso or condition for
reentry in case the rent or rents therein respectively reserved be unpaid
for the space of twenty one days next after the same shall have
become payable and so as no lessee therein to be named his executors
administrators or assigns be allowed to commit waste or be exempted
from punishment or forfeiture for committing waste provided always
and I further declare my will and mind to be that in case the said
James Hall Nalder and James Long or either of them or any
trustees or trustee to be appointed instead or in lieu of them or either
of them in pursuance of the power next hereinafter given and
contained for that purpose shall die or go to reside abroad or be
desirous to be discharged from or refuse or become incapable to
act in the execution of the trusts hereby in them reposed as aforesaid
before the same trusts shall be fully executed and performed or
otherwise determined or in case the said James Hall Nalder and
James Long or either of them shall renounce probate of this my will
then and in either or any of such cases and when and so often as the
same shall happen it shall and may be lawful to and for the said
James Hall Nalder and James Long or the survivor of them or the
surviving or continuing acting trustees or trustee for the time being of
this my will or the executors or administrators of the last surviving
or continuing acting trustees or trustee or the executors or administrators
of any such then for the said James Hall Nalder and James Long

or the survivor of them or the executors or administrators of such
survivor as the case may happen to substitute nominate or appoint
any other person or persons to be a trustee or trustees for the purposes
aforesaid or any of them in the place or stead of them or him so dying or
going to reside abroad or desirous to be discharged or refusing or
becoming incapable to act or renouncing probate as aforesaid and
that when and so often as any new trustees or trustee shall be so
nominated and appointed as aforesaid all or so much or such parts
of the said trust estates hereinbefore devised respectively and also all
and every the trust monies and premises respectively to or in the
execution of the trusts whereof such new trustees or trustee shall be
appointed or be willing or consent to act shall be thereupon with
all convenient speed conveyed assigned and transferred respectively so
and in such manner that the same may be legally and effectually vested
in such new trustees or trustee jointly with the surviving or continuing
trustees or trustee ^{or in such new trustees or trustee} solely as the case may happen to be and require
upon the like trusts for the like intents and purposes and with under
and subject to the like provisoes and powers as are hereinbefore by me
expressed and declared of and concerning the same or such of them
as shall then be subsisting or capable of taking effect and that every
such new trustee or trustees respectively may and shall have and be
capable of exercising in all respects all and every the powers and authorities
aforesaid as fully and effectually in all respects and to all intents and
purposes whatsoever and with the like powers of nomination
substitution and appointment and with the like indemnification as if
he or they had been by this my will originally nominated and appointed
any thing hereinbefore contained to the contrary thereof in any wise
notwithstanding provided also and I do further declare it to be my will
that the said James Hall Nalder and James Long and any future or
other trustees and trustee to be appointed as aforesaid and each and every
of them and the heirs executors administrators and assigns of each and
every of them shall be respectively charged and chargeable only for such
and so much money and monies as they shall respectively actually
received by virtue of the trusts hereby in them reposed notwithstanding
his or their or any of their giving or signing or joining in giving or
signing any receipt or receipts for the sake of conformity or the satisfaction
of the person or party requiring and taking such receipt or receipts
and that any one or more of them shall not be answerable or
accountable for the other or others of them or for the acts receipts
neglects or defaults of the others or other of them but each and every
of them for his own respective acts receipts neglects and wilful defaults
only and also that the said trustees in this my will named and such
future or other trustees or trustee to be appointed as aforesaid and
every of them their and every of their executors administrators and
assigns shall and may with and out of such monies as shall come
to their respective hands by virtue of the aforesaid trusts deduct and
retain to and reimburse himself and themselves respectively and also
pay and allow to his and their Cotrustee and Cotrustees all costs charges
damages and expences and all bills and fees of and to Counsel and
Solicitors for advice which they respectively or any of them shall or
may sustain expend incur or be put unto in the execution of the trusts
and powers aforesaid or in relation thereto I give and bequeath
unto the said James Hall Nalder and James Long and other
trustee or trustees of this my will for the time being the sum of twenty
pounds upon trust to invest the same at interest on Government or
real security and to pay and apply the same for the repairs of the
Tomb to be erected over my remains in Northleigh Church yard from

time to time as the same may be wanting or become necessary all
the rest residue and remainder of my real estates and property if
any not hereinbefore devised and disposed of (except estate vested in
me by way of Mortgage and upon trusts hereinafter devised and
disposed of) I give and devise unto my kinsman the said William
Hutt of Thrupp his heirs and assigns for ever and I give and
bequeath all my household goods and furniture plate linen china
books prints and pictures in and about my dwelling house at the time of
my decease unto the said Phillis Cox and John Merchant equally to
be divided between them to and for their own use and benefit I give
and bequeath unto the said James Hall Nalder and James Long
their executors administrators and assigns all my ready money and cash
in the house and at my Bankers and all my mortgages bonds bills notes
and other securities for money and all other my personal Estate Goods
Chattels and Effects of whatever nature and description and wheresoever
being at the time of my decease and which I shall die possessed of and
interested in and not hereinbefore particularly disposed of upon trust as
soon as conveniently may be after my decease to make sale of and
convert into money all and every part thereof as shall be in its
nature saleable and to collect get in and receive all my said debts
mortgages and securities for money and residue thereof and I will
order and direct that the said James Hall Nalder and James Long and
the survivor of them and the executors and administrators of such
survivor do and shall stand and be possessed of and interested in the
monies to arise and be produced from and by my residuary personal
estate and effects upon trust in the first place to pay thereout and satisfy
all my just debts funeral and testamentary expences and all costs charges
and expences for or attendant upon such sale collection and conversion as
aforesaid and in the next place do and shall pay thereout and therefrom
the following legacies (that is to say) to my Cousin the said Mary
Partlow of Northleigh aforesaid Spinster two hundred and fifty pounds
To my Cousin the said Sarah Partlow of Northleigh aforesaid Spinster
two hundred and fifty pounds To my Cousin Henry Hutt of Kidlington in
the said County of Oxford yeoman two hundred and fifty pounds To my
Cousin Richard Hutt of Yarnton in the said County of Oxford yeoman
two hundred and fifty pounds To my Cousin William Hutt of Wheatfield
farm near Tetsworth in the County of Oxford ffarmer two hundred and
fifty pounds To my Cousin William Hutt of Handborough in the said
County of Oxford yeoman one hundred pounds and to William Jones
of Charlton upon Ottmoor aforesaid yeoman son of the late Josiah
Jones who married my late sister Sarah Jones deceased one hundred
pounds which I will and direct the said William Jones to take and receive
in trust for the sole benefit and advantage of Martha or Patty Jones
his ideot Sister now residing with him and desire he will lay out
apply and expend the same at his discretion for her use and personal
comforts and assistance and I will and direct all the aforesaid legacies
to be paid in twelve months next after my decease but not sooner and
without interest in the mean time and in the next place in trust to pay
and divide all the clear residue of and to arise and be made from my
personal estate unto between and amongst the several persons
following (that is to say) unto my Cousin John Norton fifty pounds
To his sister Rhoda Groves of Campden Widow fifty pounds To Elizabeth
Howse of Milton under Wychwood fifty pounds To Ann Wixon the
daughter of my late Cousin Henry Hutt nineteen Guineas to my first Cousin
Henry Smith of Reading Berks Grocer fifty pounds to my first Cousin
Sarah Hutt the wife of John Hutt late of Kidlington formerly Sarah
Partlett fifty pounds To Thomas Hutt of Witney for his care and

attention to me ten pounds and after payment thereof to pay and
divide the said residue unto and between the persons following in equal
shares and proportions, to Rhoda Wilkes of Milton aforesaid Elizabeth
Simpson of Bourton on the Water Daniel Howse of Milton aforesaid
Maria Pearce of Kingham Caroline Howse of Woodstock Esther Howse
^{Richard Howse Mary Howse} and Sarah Howse the nine [sic] children of the said Elizabeth Howse and
unto and amongst the five children of Rhoda Groves (whose names I
do not know) to Jane Ellis the wife of James Ellis of Saint Giles's Oxford
Broker to Arthur Hayward Hutt and ffrederick Hutt the Nephews of the
said Jane Ellis ffrancis Eeley and William Eeley of Woolvercott and
John Eeley of Yarnton the children of my Cousin Elizabeth Hutt of Thrupp
to Richard, William, John, James, Ann, Elizabeth, Mary, Sarah and Alice
the sons and daughters of my late Cousin John Hutt of Shutford to
William Hutt Elizabeth Grubb Sarah Seers Henry Hutt and Thomas
Hutt the sons and daughters of my first Cousin Richard Hutt formerly
living with Mr Nalder of Ducklington but afterwards of Northmoor
in the County of Oxford To the children of his brother Thomas Hutt
deceased (whose names I do not know) to William, Sarah, Ann and
John the children of Sarah Wells the sister of the said Henry Smith
to Edward, Mary, Sarah, John, Susannah and Joseph the sons & daughters
of Joseph and Elizabeth Hemmings late of Northleigh aforesaid To
Henry, William, Emanuel, James & John the sons and daughters of
William and Rachael Partlett of Northleigh deceased To Mary
Midwinter Sarah Cook and John Harris the children of my late
Cousin Alice Harris formerly Partlett to Mary the Widow of William
Harris late of Northleigh aforesaid to Amy Hutt of Charlton upon
Ottmoor daughter of my late Cousin Joseph Hutt to Joseph Hutt of
Hollywell Oxford the brother of the said William Hutt of Wheatfield
ffarm to Lucy Edmund Jonathan & Seby? the children of my late Cousin
Mary Hutchins of Bladon To Rachel, Mary Ann and Henry the
children of Samuel & Sarah Green and to Mary Ann Clarke of Brentford
the daughter of my late Cousin Alice who was the daughter of Henry
and Mary Partlett of Northleigh to whom I ^hereby give and bequeath the
same equally to be divided between and amongst them share and
share alike also I give and devise unto the said James Hall Nalder
and James Long and their heirs all the real estates now vested in me
as trustee upon trust to execute and carry into effect the trusts and
purposes of and affecting the same also I give and devise unto the said
James Hall Nalder and James Long and their heirs all the real
estates now vested in me by way of mortgage upon trust to stand seised
thereof subject to the equity of redemption subsisting therein or affecting
the same and on receipt or discharge of the money secured by any
mortgage or mortgages to execute such releases conveyances and
other assurances of the said mortgaged hereditaments as the nature
of the case may require and I do hereby empower my executors
hereinafter appointed or the survivor of them to satisfy any claims
or demands which may be made on or against my estate upon such
evidence as they or he shall think proper and deem satisfactory
although such claim may not be substantiated by strictly legal evidence
and also in their or his absolute discretion to delay or forego the
enforcement or prosecution of any claim or demand which they or
he as executors or executor shall or may have against any person
or persons whomsoever or to compound or otherwise adjust and
settle the same upon such terms and in such manner as they or he
shall deem to be most beneficial to my estate and also in their or
his discretion to refer to arbitration or otherwise settle or compromise
any disputes or differences concerning any accounts or transactions

whatsoever and also to give and execute to any accounting party or
parties fall [sic] and general releases and discharges And I hereby
nominate and appoint the said James Hall Nalder and James
Long Executors of this my will and give and bequeath to them the
sum of ten guineas each as a legacy and acknowledgement for their
trouble in the execution of the several trusts and duties hereby
reposed in them and I do hereby declare my will further to be
that in all cases of sales and valuations of all or any part of
my said trust estates and premises that such sales and valuations
shall be made by him the said James Long and that he shall be
entitled to charge the usual fees charges and commissions for such
sales and valuations and I also will and direct that it ^shall and may be
lawful for him the said James Long by and out of the monies
arising from such sales and valuations respectively to deduct
retain and pay himself such usual fees charges and commissions
and I do hereby direct my said executors and trustees or trustee for
the time being to consult with and employ my Solicitor Mr Lee in
the affairs and business of their said trusteeship and executorship
and on no account to consult or employ my late Solicitors Daniel and
James Westell and lastly I do hereby revoke all former wills and
Codicils by me made and do declare this present writing only to be
my last Will and Testament In Witness whereof I the said Henry
Hutt the Testator have to this my last Will and Testament contained
in fourteen sheets of paper to the thirteen first sheets thereof set
my hand and to this fourteenth and last sheet thereof my hand and
seal the nineteenth day of July in the year of our Lord one thousand
eight hundred and thirty nine /-/The Mark and Seal X of Henry
Hutt (O) /-/ Signed sealed published and declared by the said Testator
Henry Hutt 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 at the same time have hereunto subscribed our names as
witnesses /-/ Ric'd Brooks Blacksmith /-/ J T Lay ^Farmer both of Northleigh
Oxon /-/ Rob't Williams Witney Oxon
====================================
Whereas I have in and by my last Will devised to James
Hall Nalder and James Long their heirs and assigns certain
hereditaments at Hailey in the Parish of Witney in the County of
Oxford and a messuage garden and premises adjoining to my dwelling-
house in Northleigh wherein I now dwell and occupied by William
Rymes and his Son and divers other lands and hereditaments to hold to
the said James Hall Nalder and James Long their heirs and assigns
upon certain trusts for the benefit of John Merchant in my said Will
described and Susannah his wife during their lives and the life of
the survivor of them and whereas I have in and by my said Will
declared that after the decease of the survivor of them the said John
Merchant and Susannah his wife or at any time during their joint
lives or the life of the survivor of them by or with their his or her
consent in writing for that purpose the said James Hall Nalder and
James Long and the survivor of them and the heirs executors and
administrators of such survivor shall sell and dispose of the
said hereditaments so devised to them as aforesaid in manner
therein mentioned and stand possessed of the monies to arise
and be produced by such sale (after payment thereout of the costs
of such sales) in trust for all and every or such of the children of the
said John Merchant who shall be living at the time of his decease
who being a son or sons shall have attained or who shall live
to attain the age of twenty one years or being a daughter or

daughters shall have attained that age or shall have been or shall
live to be married equally to be divided amongst them share and
share alike and if but one such child then in trust for and for the sole
use of such one child absolutely but that if no child of the said John
Merchant shall live to attain the age of twenty one years being
a son or being a daughter shall live to attain that age or be
married then that the said trust monies shall sink into and form a
part of my residuary personal estate Now I hereby declare my Will
to be that if any such sale as aforesaid of the said hereditaments
or any part thereof shall be made pursuant to the trusts aforesaid
during the lives of the said John Merchant and Susannah his wife
or during the life of the survivor of them that then and in such
case the said trustees or trustee for the time being of my Will shall
stand possessed of the monies to arise and be produced by any
such or sales [sic] (after payment of the costs and charges incidental to
such sale or sales) upon trust to invest the same in Government or
real securities in England or Wales and from time to time to vary
or change the funds or securities in or upon which the said trust
monies shall be invested for or into other stocks funds and securities
of a like nature at their or his discretion and do and shall pay
the dividends interest and annual produce of such funds or securities
from time to time when and as the same shall arise and become
payable unto or permit the same to be received by the said John
Merchant during his life and after his decease to or by the said
Susannah Merchant during her life and my Will is that after
the decease of the survivor of them the said John Merchant and
Susannah his wife my said trustees or trustee for the time being do
and shall stand possessed of all the trust monies stocks funds and
securities to arise or be produced by or in consequence of any sale or
sales of the said hereditaments either before or after the death of the
said John Merchant and Susannah his wife or either of them in trust
for the children of the said John Merchant in the manner and at the
times or ages mentioned in my said will with reference to the payment
of the said trust monies (provided nevertheless and I hereby expressly
declare my will to be that if any child or children of the said John
Merchant shall happen to die in the life time of him the said John
Merchant and having been married and shall leave any child or
children him or her surviving and any such children shall be
living at the time of the death of the said John Merchant then and
in such case the share or shares to which the child or children of the
said John Merchant so dying and leaving issue as aforesaid would
have been entitled in case they he or she had survived the said
John Merchant and attained the age of twenty one years shall
go and be held in trust for the children or child of such child or
children of the said John Merchant so dying in his life time as
aforesaid any thing in my said Will or hereinbefore contained to the
contrary notwithstanding) and whereas in the list of the residuary
Legatees of my personal property mentioned and contained in my said
Will I have omitted the names of my kinsman John Lovegrove of
Oxford the son of my late Cousin Margaret Hutt of my Cousin Ann
Spencer Watts of Kidlington the daughter of my Cousin Sarah
Partlett afterwards Sarah Hutt and Jane Giles of Hampton Poyle a
granddaughter of the late Elizabeth Woodward formerly Elizabeth
Hutt of Thrupp in the said County of Oxford Now I hereby declare that
the said John Lovegrove Ann Spencer Watts and Jane Giles shall
share equally with the persons in my said will named as the
residuary legatees of my personal property and take his her and

their shares and proportions of and in the residue of my personal
estate accordingly and whereas I have also in and by my will dated
the nineteenth day of July last given to William Jones of Charlton
upon Ottmoor one hundred pounds upon certain trusts for the benefit
of Martha or Patty Jones his Ideot sister and whereas the said
William Jones has departed this life Now I do hereby give and
bequeath the said sum of one hundred pounds unto his brother
John Jones and direct that he do pay expend and apply the same
unto upon or for the sole benefit and advantage of the said
Martha or Patty Jones during her natural life at such time or
times and in such manner as he the said John Jones may consider
most proper or necessary for her maintenance assistance or comfort
and whereas I have in my said will by mistake described Rhoda
Groves a legatee therein named as a Widow I hereby declare
that the legacy by my said Will given to her by that description is
intended for and shall be paid to Rhoda Groves the wife of Michael
Groves of Campden in the County of Gloucester Laborer and whereas
I have in and by my said will given and devised the residue of
my real estate and property not thereinbefore devised (except
estates vested in me by way of mortgage or upon trust) unto my
kinsman William Hutt of Thrupp in the County of Oxford his heirs
and assigns I hereby declare that such gift and devise was and
is intended to be a gift and devise of the residue of my real estate
only and was and is not intended to compromise or infer a gift of
the residue of my personal property or any part thereof which
last mentioned residue being otherwise disposed of by my said will
and which said will in all respects except so far as the same is
hereby altered added to modified or explained I do by this Codicil
thereto (which is to be deemed and taken as a part of my said Will)
ratify and confirm In Witness whereof I the said Henry Hutt the
Testator have to this Codicil contained on three sheets of paper to
the two first sheets set my hand and to this third and last sheet
thereof my hand and seal this sixth day of September in the year
of our Lord one thousand eight hundred and thirty nine /-/ The Mark
and Seal of X Henry Hutt (O) /-/ Signed sealed published and
declared by the said Henry Hutt the Testator as and for a Codicil
to his last Will and Testament in the presence of us who in his
presence at his request and in the presence of each other at the
same time have hereunto subscribed our names as Witnesses
thereto /-/Mary Ann Cox Servant to Mr Hutt /-/ Thos Lee Sol'r Ducklington
Oxon
=======================================
I Henry Hutt of Northleigh in the County of Oxford
Gentleman do declare this ^present writing to be a Codicil to my last Will and
Testament and do desire the same to be annexed thereto and taken as
part thereof Whereas by my said will bearing date the nineteenth
day of July one thousand eight hundred and thirty nine I have given
and devised unto or for the benefit of the persons particularly named
therein my freehold and copyhold estates situate in Ramsden Northleigh
Hailey and Charlton upon Ottmoor in the said County of Oxford and
whereas I am advised that the Timber and Timber like Trees growing
on the said several estates so devised as aforesaid will pass therewith
under such several devises and bequests to the devisees thereof
respectively which is not my intention Now I do hereby revoke the
said several devises and bequests hereinbefore mentioned and recited
of my said several estates so far only as it relates to the said timber
and timber like trees growing thereon and instead ^thereof I do hereby give

devise and bequeath unto James Hall Nalder and James Long the
Executors of my said will and to their heirs executors and administrators
all timber and timber like trees which shall at the time of my decease
be standing growing or being upon my said several estates upon
trust that they the said James Hall Nalder and James Long or the
survivor of them or the heirs executors or administrators of such
survivor do and shall at such time or times as they or he shall
think proper within twelve months next after my decease sell and
dispose of all or so many of such timber and timber like trees as
shall in their judgement and opinion be fit to be felled either by public
auction or private contract to any person or persons whomsoever with
full power and authority for them the said James Hall Nalder and
James Long or the survivor of them or the heirs executors or
administrators of such survivor or any such purchaser or purchasers
as aforesaid with Servants and workmen and with or without
Horses Carts and Carriages to enter into and upon all or any of the
said devised lands hereditaments and premises for the purpose of felling
cutting down digging or grubbing up the said timber and ^to fetch take and
carry away the same at all seasonable times and I declare my will
and meaning to be that the said James Hall Nalder and James
Long and the survivor of them and the heirs executors and administrators
of such survivor do and shall stand possessed of the money arising from
such sale or sales as aforesaid upon trust in the first place in payment
of all expences incident to and attending such sale or sales and after
payment thereof then upon trust to pay and divide the residue of such
purchase monies unto and amongst such persons as are named in my
said will to share and take my residuary personal estate and such
purchase money shall be considered as part of my said residuary
personal estate and I hereby give and devise such of the said timber
and timber like trees as my said trustees shall not think fit to sell and
which shall be remaining on my said freehold and copyhold estates at
the expiration of the said twelve months next after my decease unto
the respective devisees thereof in my said will named and to their
heirs to and for the respective uses and trusts therein declared thereof
and whereas I am desirous of making some provision for the support
of the Parochial School for the education of poor children lately built
in Northleigh aforesaid and which stands in great need of funds for
that purpose Now I do hereby give unto my said executors the
sum of one hundred and seventy five pounds sterling upon trust
within three months next after my decease to invest the same in
their names and in the names of Joseph Shepherd and John ffrancis
Lay Parishioners of Northleigh aforesaid either on Government or
real security at interest ^{and to pay the interest} or dividends arising therefrom from time to
time as the same shall be received for and towards the maintenance
of the said School and the education of the poor children therein taught
for ever and I direct my executors to pay and discharge the
Government legacy duty payable in respect of the charitable bequest
hereinbefore contained out of my residuary personal estate I give to
my said executors the sum of ten pounds and direct them to distribute
the same in Bread and clothing at their discretion unto and amongst
the poor persons belonging to or resident in Northleigh
aforesaid in such manner and proportions as my said executors shall
think proper within three months next after my decease and I hereby
ratify and confirm my said will and a former Codicil thereto in every
particular whereof the same is not hereby or thereby altered revoked
or varied In Witness whereof I the said Henry Hutt the Testator have
to this Codicil contained on three sheets have to this last sheet thereof set

my hand this twenty sixth day of December in the year of our Lord
1839 /-/ The X Mark of Henry Hutt /-/ Signed published and declared by
the said Testator Henry Hutt as a Codicil to his last Will and Testament
in the presence of us who in his presence and in the presence of each
other at the same time have hereunto subscribed our names as witnesses
Caroline Cox /-/ Rob't Williams /-/ Thos Lee
=======================================
I Henry Hutt of Northleigh in the County of Oxford Gentleman
do declare this present writing to be a Codicil to my last Will and Testament
(bearing date the nineteenth day of July one thousand eight hundred and
thirty nine) and do desire the same to be annexed thereto and taken as
part thereof I hereby direct the executors in my said will named to give
to my Cousins Sarah and Mary Partlett Mrs Phillis Cox and her daughter
Caroline and my Servant Ann Wiggins and to any other persons they
may think proper such Suits of Mourning as they my said executors
may in their discretion think fit and I direct my said executors to charge
the expence thereof against my personal estate and also direct them
to provide and conduct my funeral in such a manner as they may
think most adviseable and according to my property and station in
life and hereby expressly authorize them to charge the whole the whole [sic]
expences of such funeral against my residuary personal estate In all
other respects I confirm my said will and all previous Codicils thereto
In Witness whereof I the said Henry Hutt the Testator have to this
Codicil set my hand this first day of January one thousand eight
hundred and forty /-/ The Mark X of the Testator Henry Hutt /-/ Signed
published and declared by the said Henry Hutt as and for a Codicil to
his last Will and Testament in the presence of us who in his presence and
in the presence of each other at the same time have hereunto subscribed
our names as witnesses /-/ Rob't Williams Witney Oxon /-/ Thos Lee

Proved at London (with thee [sic] Codicils) 15th July 1840 before the
Judge by the Oaths of James Hall Nalder and James Long the
the Executors to whom Admon was granted having been first sworn (by
Com'on) duly to administer

Oxfordshire Family History Society

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