Will of Robert MALLINGS of Deddington
Will 8 Apr 1786 Probate 8 Apr 1790 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Transcriber's Notes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
The following details are believed to be true but should not be totally relied upon: According to Deddington PRs, "kinsman" Robert MALLING was in fact another son of nephew Samuel. Nephew Samuel's wife was Elizabeth nee BEZLY of North Aston, so trustee Thomas BEZLY may be a relation. Trustee William APPLETREE may be the one listed in 1793 British Directory as an attorney of Dadington. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I Robert Mallings of Dadington ... gent ...
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As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Robert Mallings In the name of God Amen I Robert Mallings of Dadington in the county of Oxford Gent being of sound and perfect mind memory and understanding praised be God for his mercy? do this eight day of April in the year of our Lord one thousand seven hundred and eighty six make this my last will and testament in manner following that is to say Ffirst I give and bequeath unto my Nephew William Mallings and his assigns for and during the term of his natural life one annuity or yearly Rent charge of eight pounds of legal money of Great Britain free from taxes and all other deductions to be paid unto him by the person or persons who for this time being shall be intitled to the Lands tenements and hereditaments hereinafter mentioned at four quarter days of payment in the year that is to say on the first day of January on the first day of April on the first day of July and on the first day of October by even and equal portions the first payment thereof to be made on such of the said days of payment that shall first and next happen after my decease and I do hereby charge and subject all my real estate with the payment of the said Annuity or yearly rent charge of eight pounds accordingly and my Will is that in case the said Annuity or yearly rent charge of Eight pounds or any part thereof shall be behind and unpaid by the space of ten days next over or after either of the said days of payment whereon the same is herein before directed to be paid as aforesaid Then and so then it shall and may be lawful to and for the said William Mallings and his assigns to enter upon all or any part of my said real estate and estates and distrain for the same or for so much thereof as shall be in arrears and all costs and charges occasioned by nonpayment thereof and the distress and distresses when had? and taken to sell and dispose of according to Law as is usual in cases of distress for rent rendering the overplus if any to the person or persons who for the time being shall be intitled to the said premises and I give and devise unto my Nephew Samuel Mallings subject to the said Annuity or yearly rent charge of Eight pounds as aforesaid all and every my lands tenements and hereditaments with their and every of their appurtenances lying and being in Dedington aforesaid and all other my Real Estate whatsoever to hold unto my said nephew Samuel Malings and his assigns for and during the term of his natural life And from and after his decease I give and devise subject as aforesaid all and singular the said lands tenements and hereditaments with the appurtenances and real estate unto my kinsman William Mallings son of my said nephew Samuel Mallings to hold unto and to the use of my said kinsman William Mallings the son of the said Samuel Mallings and of his heirs and assigns for ever Next I give and bequeath unto my kinsmen Thomas Mallings Samuel Mallings and the said William Mallings and to my kinswoman Elizabeth Mallings the sons and daughter of my said nephew Samuel Mallings the several Legacies or Sums of ten pounds apiece to be paid to them at their respective ages of twenty one yeares Next I give and bequeath unto my nephew Matthew Righton the Legacy or sum of thirty pounds to be paid to him in twelve months next after my decease Next in case the said Matthew Righton shall happen to die before me or before his said Legacy shall be due and payable then I give and bequeath the said Legacy or sum of thirty pounds unto and amongst all and every the child or children of my said nephew Matthew Righton to be paid to them in twelve months next after my decease by my Executor in equal shares and my will is and I do hereby order and direct that the receipt or receipts of the child or children of my said nephew Matthew Righton shall be good and sufficient discharge to my executors for the said Legacy given to them notwithstanding such child or children shall not then have attained their ages of twenty one years as it is my desire that the children of my said nephew shall be paid the said legacy during their minorities Next I give and bequeath unto my nieces Elizabeth Strong and Martha Sammons the several legacies or sums of twenty pounds apiece Next I give and bequeath unto my kinsmen John Hopcraft William Hopcraft and James Hopcraft and to my kinswoman Mary Hopcraft the children of my late niece Mary Hopcraft deceased the several legacies or sums of twenty pounds apiece all which last mentioned legacies I desire and direct shall be paid by my executor within twelve months next after my decease Next I give and bequeath unto Daniel Peckover? the legacy or sum of twenty pounds to be paid to him in one week next after my decease by my executor Next I give and bequeath unto Thomas Bezly of North Aston and William Apletree of Dadington the sum of one hundred pounds to be paid to them by my said executor within twelve months next after my decease upon trust that they the said Thomas Bezly and William Apletree and the survivor of them his executors or administrators do and shall put and place out the same in their names upon any public or private security or securities at the most Interest that can be reasonably gotten for the same and shall and do from time to time at their discretion call in the said sum of one hundred pounds and again lend and place out the same as often as they the said Thomas Bezley and William Apletree or the survivor of them his executors or Administrators shall think proper and shall and do pay the interest and produce that shall arise or be made thereof with the said sum of one Hundred pounds [three lines erased and struck through] unto my kinsman Robert Mallings when and as soon as he shall have attained his full age of twenty one years to and for his own use and benefit or otherwise assign and transfer to him the securities for the same and in case the said Robert Mallings shall happen to die before he attains his full age of twenty one years and leave no sons of his Body then and in such case I give and bequeath the said legacy or sum of one hundred pounds with all interest that shall be due for the same unto the said Thomas Mallings and Samuel Mallings the sons of my said nephew Samuel Mallings equally to be divided between them share and share alike to be paid to them respectively at their respective ages of twenty one years and in case either of them the said Thomas and Samuel Mallings shall die before their age of twenty one years and leave no issue of his Body then I give the share of him so dying unto the survivor of them to be paid to him at his age of twenty one years and my will is and I do hereby expressly declare that the said Thomas Bezly and William Apletree or either of them or their or either of their executors or administrators shall not be charged or chargeable with or accountable for more of the said Trust than they or he shall actually receive nor with or for any loss which shall happen of the same or any part thereof so as such loss happen without their wilful default nor the one of them for the other of them or for the acts deeds receipts or disbursements the one for the other but each of them only for his own acts deeds Receipts Defaults or disbursements only and also that they the said Thomas Bezly and William Apletree and either of them shall and may in the first place by and out of the aforesaid Trust monies deduct and reimburse themselves all such costs charges and expenses which they or either of them shall sustain expend or be put unto for or by reason of the Trusts of this my will or for any thing in any wise relating thereunto And as to for and concerning all my Goods Chattels Ready Money Debts and Securities for Money and all other my personal Estate whatsoever and wheresoever and of what nature kind or quality so ever the same may be after payment of my Debts Legacies and funeral expenses I give and bequeath the same and every part thereof unto my said nephew Samuel Mallings his executors Administrators and assigns to and for his and their own use and benefit absolutely and I do hereby constitute ordain and appoint my said Nephew Samuel Mallings sole executor of this my last Will and Testament hereby revoking and making void all former Wills be me at time heretofore made In Witness whereof I the said Robert Mallings the Testator have to this my last will and testament contained in two sheets of paper set my hand and seal viz my hand to the bottom of the first sheet and my hand and seal to this last sheet thereof the day and year first within written - Robert Mallings Signed sealed published and declared by the said Testator as and for his last will and testament in the presence of us who have subscribed our names as witnesses thereto in the presence and at the request of the said testator and also in the presence of each other Mary Apletree, Jn. Carter, Jn Hitchman This will was proved at London on the eight day of April in the year of our Lord one thousand seven hundred and ninety before the right honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Samuel Mallings the nephew of the deceased and sole Executor named in the said will to whom administration of all amd singular the goods chattels and Credits of the said deceased was granted he having been first sworn by commission duly to administer |