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Will of William JEFFCOAT of Headington
Will 10 Mar 1845 Probate 7 Nov 1845 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Transcriber's and Editor's Notes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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For no obvious reason the probate clerk left a number of blank spaces (filled with squiggles) in his copy. They may represent erasures in the original, and have been represented below by He also underlined a section of the will, and added the marginal comment "Interlined in the original". This section is referred to in the Attestation clause as having been initialled by the witnesses. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I William Jeffcoat of Headington ... shopkeeper ...
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As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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I William Jeffcoat of Headington in the County of Oxford Shopkeeper do declare this to be my last Will and Testament I devise my two freehold messuages or dwelling houses in the Parish of Saint Peter in the East in Oxford now in the several occupations of William Gardener and [Blank] Castle with their respective appurtenances to the intent that my Executors hereafter named or the survivors or survivor of them may receive out of the costs and profits thereof two annuities of thirty pounds each (that is to say) one annuity of thirty pounds during the life of my son Daniel and one other annuity of thirty pounds during the life of my daughter Keziah the same annuities to be held upon the trusts hereinafter declared thereof respectively and to be paid to my said executors or the survivors or survivor of them in equal portions half yearly but no proportion of such annuity respectively to be paid in respect of the time elapsed of the current half year at the respective deaths of the lives respectively for which the said annuities are made to depend and to the further intent that my said Executors or the survivors or survivor of them may as to and in respect of each annuity have the same or the like remedy of distress for the recovery thereof as landlords have for the recovery of rent in arrear upon common leases and subject to the said two several annuities and the said remedy for the recovery thereof respectively as aforesaid I devise the same two messuages or dwelling houses and appurtenances unto and to the use of my son James Jeffcoat in fee simple I direct my said executors and the survivors and survivor of them and the executors and administrators of such survivor to stand possessed of the said annuity for the life of my said son Daniel upon trust to pay the same to my said son Daniel by equal weekly payments of eleven shillings and six pence each on Saturday in every week or in such other manner as the said trustees or trustee shall think proper until he shall do commit or permit some act or default whether volun tary or involuntary which if the trust for payment to him of the same annuity were to continue would be inconsistent with his personal enjoyment of the whole benefit of such trust and from and after such act or default I will and direct that the same annuity shall be held by the said trustees or trustee in trust in their or his discretion or of their or his uncontrolled authority to manage and adminis ter the said annuity and to pay and apply the whole or such portion only thereof as they or he shall think expedient to or for the clothing board lodging maintenance and support or otherwise for the personal and peculiar benefit of my said son Daniel during his life at such time or times and in such proportions and manner in all respects as the said trustees or trustee shall think most conducive to his comfort and convenience and I declare that if at his decease any portion of the same annuity shall remain in the hands or hand of the trustees or trustee unapplied to the purposes of the trust last aforesaid then the unapplied money shall think [sic] into the residue of my personal estate hereinafter bequeathed and I direct my said executors and the survivors and survivor of them and the executors and administrators of such survivor to stand possessed of the said annuity for the life of my said daughter Keziah upon trust for her but so as that if and whilst she shall be under coverture the same annuity shall be paid as the portions thereof shall accrue due but not by way of anticipation into her proper hands and for her sole use free from marital control and for which payments her receipts shall be discharges as to a part of my freehold property at Headington namely the part called the old bakehouse or scite thereof with ground behind the same including the orchard down to the cross wall which separates this property from the front of my cottages at the north part or end and all the walls and buildings standing or being on the same ground as the same is now enclosed and divided from my other property all which ground and premises so enclosed and divided (including the scite of the old Bakehouse) contains the fol lowing dimensions within the boundary walls thereof namely In length from North to South two hundred and ninety five feet or there abouts and in breadth from East to West at the top or south part forty feet or thereabouts in the middle sixty feet or thereabouts and at the bottom or North part forty three feet or thereabouts I give and devise the same to such person or persons for such estates and in such manner as my reputed son Charles Jeffcoat now living with me shall by deed or by his will appoint and in default of and until such appointment to him and his assigns for his life without impeachment of waste and on his decease and failure of such appointment by him as aforesaid then to my executors hereinafter named their heirs and assigns as trustees upon trust after the devise to them shall vest in possession to sell the same hereditaments in such a manner as they shall think fit and to receive the sale monies and the rents until sale and pay the surplus thereof after deducting their expences to or among such of his the said Daniel Jeffcoat's natural brothers and sisters (eight in number) and who are also my reputed children namely William Jeffcoat John Jeffcoat Martha Jeffcoat Joseph Jeffcoat Rebecca Jeffcoat Mary Ann Jeffcoat Edwin Jeffcoat and Jonathan Jeffcoat as shall be living at the decease of the said Charles Jeffcoat provided nevertheless and I hereby charge my said lastly devised hereditaments with the payment of the legacy of twenty pounds which I hereby bequeath to my daughter Susannah Jeffcoat to be paid to her at the expiration of twelve months next after my death I bequeath to my reputed children Charles Jeffcoat and Martha Jeffcoat now living with me all of my shop goods stock utensils and implements employed in my Trade of a Baker and Shopkeeper or otherwise at Headington aforesaid at the time of my death trusting that they will use employ and dispose of the same for the benefit of all their brothers and sisters now living with me but this expression of my confidence shall not abridge the absolute ownership of the said Charles Jeffcoat and Martha Jeffcoat under this bequest I devise and appoint all and singular the rest and residue of my real estate and bequeath all other my Personal Estate of what nature or kind soever unto and for the use of John Walsh of Oxford Gentleman and my said son James Jeffcoat their heirs executors and administrators according to the nature of the property upon trust to sell and convert into money my said real estate and get in my said residuary personal estate when and as the said last mentioned trustees or trustee for the time being shall in their or his discretion deem it most advantageous so to do regard being had to the directi ons hereinafter contained and I direct that the money to arise from the sale of my real estate or arising from or constituting part of my said residuary personal estate after and subject to the payment of my just debts and my funeral and testamentary expences shall be divided into as many shares as there shall be in number of my nine reputed children living at my death namely the said William Jeffcoat John Jeffcoat Martha Jeffcoat Joseph Jeffcoat Charles Jeffcoat Rebecca Jeffcoat Mary Ann Jeffcoat Edwin Jeffcoat and Jonathan Jeffcoat or if any of them my same several reputed children shall have died in my lifetime or afterwards and before the distribution of the said fund leaving issue then to be divided into as many shares as there shall then be in number of my said reputed children living and the issue of such as shall have died as aforesaid leaving issue and I bequeath unto each of my said reputed children then living and to the issue of any one or more of my said reputed children who may have died as aforesaid one such share yet so nevertheless as that such issue as aforesaid shall participate only as representing their deceased parent or parents and if any such issue shall be an infant or infants under the age of twenty one years at the period of distribution then the said trustees or trustee shall invest in their or his names or name the shares or share of such Infants or Infant in or upon Government or Real Securities but with liberty to apply the income and if deemed necessary the capital also of the portion of each such Infant for his or her maintenance and education [The underlined text was interlined in the original and initialled by the witnesses] or advancement in the world the unapplied income to be accumula ted and the accumulations added to the share whence such income shall have arisen provided always and I declare that the said Charles Jeffcoat and Martha Jeffcoat shall be at liberty to reside (with such other as may form part of my family and be residing at my death) in my present dwelling house at Heading ton and the Shop and appurtenances thereto for twelve calendar months after my decease and continue to carry on my trade there and that my executors shall keep up my establishment there for that period upon the same scale and in the same mode as it had been usually maintained in my lifetime and from the profits of my said trade or otherwise defray the housekeeping expences servants wages taxes and all other incidental outgoings and whereas notwith standing the trusts hereinbefore declared of my residuary real estate I am desirous if and where it should be found practicable of dividing such residuary real estate and allotting the same to or amongst the objects of the Trusts hereinbefore declared thereof instead of selling the same I therefore direct the said Trustees of my said residuary real estate forthwith after my decease to cause all the same residuary real estate to be valued by two competent valuers or if such valuers shall disagree by a third valuer to be named by them before entering upon the valuation as their umpire and notwithstanding the afore said Trust for the sale thereof I empower my said Trustees or Trustee for the time being in their or his discretion to allot the said residuary real estate or any part or parts thereof as real estate to any object or objects of the trusts hereinbefore contained in favor of my said reputed children and the issue of any of them deceased in full or in part in satisfaction of the share or respective shares of such object or objects under real estate to be so allotted and with reference also to the valuation hereinbefore directed to be made of all my said residuary real estate and to assure such allotted part or parts thereof to the person or persons to whom the allotment or allotments shall have been so assigned or made as aforesaid in fee Provided always and my Will is that in case any of the trustees named in this my will or any succeeding trustee should depart this life or decline or become incapable to act in the trusts hereby created or any of the said trusts before the same shall be fully executed and performed then and so often as the case may happen it shall be lawful for the surviving or continuing trustees or trustee of the trust property the Trustees or Trustee of which shall so die or decline or become incapa ble to act or the executors or administrators of the last acting Trustee by any writing under their his or her hands or hand to appoint any person or persons to supply the place of any trustee or trustees so dying or declining or becoming incapable to act for all of the purposes aforesaid and on every such appointment the neces sary assurances shall be executed for vesting any trust estate and effects in the new and the old trustees or in the new trustees solely as the case may be and my will is that every new trustee shall have and exercise the same powers and authorities in all the trusts and for all the purposes in and for which he shall be so appointed as fully as if he had been oroginally appointed a Trustee by this my will and further that the trustees named in this my will and the trustee or trustees to be appointed as hereinbefore is mentioned shall be charged and chargeable with such monies only as they respectively shall actually receive by virtue of this my Will notwithstanding their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that any one or more of the said trustees shall not be answerable or accountable for the other or others of them but each of them for his own acts receipts neglects and defaults respectively and that the said trustees shall not be answerable or accountable for any person or persons with whom or in whose hands any of the trust monies may be deposited lodged or entrusted for safe custody or otherwise nor for the deficiency or insufficiency of any stocks funds or securities in or upon which any of the trust monies may be invested as aforesaid nor for any misfor tune loss or damage which may happen to the said trust estate and effects in the execution of the aforesaid trusts or in relation thereto except the same happen by or through their respective wilful default and further that it shall be lawful for the said trustees by and out of the monies which shall come to their respective hands by virtue of this my will to reimburse themselves respectively all costs charges damages and expences which they respectively expend or incur in or about the execution of the aforesaid trusts or in relation thereto and I appoint the said Charles Jeffcoat Jonathan Jeffcoat and Martha Jeffcoat Executors and Executrix of this my last Will and Testament and it being my wish that the Messieurs Henry and John Walsh of Oxford who are my Attornies and Solicitors should continue to act as such in all matters relating to my property and affairs I direct that although the said John Walsh shall accept the Trusteeship under this my Will yet his acceptance thereof shall not preclude him or any partner of his either alone or jointly as the case may happen from making all the same professional charges and receiving the same pecuniary emoluments and remuneration for all business done by him or them on the retainer of the trustees or executors trustee or executor as their or his Attorney and Solicitor or Attornies and Solicitors as would have been fairly and properly payable to him or them the said John Walsh not being such Trustee hereby named any rule of equity to the contrary notwithstanding In Witness whereof I the said William Jeffcoat the testator have to this my last Will and Testa ment contained in five sheets of paper set my hand and seal (that is to say) my hand to the four preceding sheets thereof and my hand and seal to this fifth and last sheet the tenth day of March in the year of Our Lord one thousand eight hundred and forty five. William Jeffcoat The foregoing last Will and Testament of the above named Testator William Jeffcoat was signed and sealed by him at the foot or end thereof and each of the four preceding sheets thereof was signed by him in the presence of us being both present at the same time who at his request in his presence and in the presence of each other have hereto subscribed our names as witnesses the interlineation between the nineteenth and eighteenth lines from the bottom of the third sheet opposite to which we have placed the initi als of our respective names having been first made. John Walsh of Oxford Sol, James Waring, Headington Schoolmaster Proved at London 7th Nov'r 1845 before the Judge by the Oaths of Charles Jeffcoat Jonathan Jeffcoat and Martha Jeffcoat Spinster the executors to whom Admon was granted having been first sworn by Commission duly to Administer. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||