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Will of William MALINGS of Clifton (Deddington)
Will 29 Feb 1856 Probate 3 Oct 1865 | |||||||||||||||||||||||||||||||||||||||||||||
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| Transcriber's Notes | |||||||||||||||||||||||||||||||||||||||||||||
| Died 6 May 1865 Clifton | |||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||
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... me William Malings of Clifton ... Deddington ... farmer ... [He several times uses the phrase "my said Trustees and the survivor of them and the heir executor or administrator of such survivor", here rendered as "my Trustees"]
Codicil 22 Apr 1865
Effects under £5000, no Leaseholds | |||||||||||||||||||||||||||||||||||||||||||||
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As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible. | |||||||||||||||||||||||||||||||||||||||||||||
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This is the last Will and Testament of me William Malings of Clifton in the Parish of Deddington in the County of Oxford Farmer First I direct that all my just debts funeral and testamentary expenses be fully paid and satisfied by my Executors hereinafter named I give devise and bequeath All and every my Messuages Cottages or Tenements and hereditaments situate and being at Clifton aforesaid or elsewhere And all and every my ready money book debts and securities for money household goods and furniture plate linen china utensils and articles of household and domestic use and consumption and all and every my live and dead farming stock implements and utensils crop and crops of corn grain and hay and generally all the rest and residue of my real and personal estates and effects whatsoever and wheresoever and of what nature kind or quality so ever the same may be at the time of my decease unto my friends Isaac Berridge of Somerton in the said County of Oxford Farmer and Samuel Smith also of Somerton aforesaid Farmer and my two sons Samuel Malings and William Malings their heirs Executors and administrators upon trust to permit and suffer my wife Charlotte Malings to have the use and occupation thereof and to receive and take all the rents profits and proceeds arising therefrom for and during the term of her natural life and from and after the decease of my said wife then upon trust that they my said trustees or the trustees or trustee for the time being of this my will do and shall as soon as conveniently can be make sale and absolutely dispose of my said Messuages Cottages or Tenements buildings hereditaments and other my real estate and all such parts of my said personal estate and effects as shall be in their nature saleable either together or in parcels by public sale or private contract unto any person or persons who shall be willing to become the purchaser or purchasers thereof for the most money and best price or prices that at the time or respective times of such sale or sales can be reasonably obtained for the same and collect get in and receive all such part and parts of my said personal estate as shall consist of money or securities for money so that the whole of my said real and personal estates may be converted into ready money And do and shall stand possessed of and interested in all and many the monies which shall arise and be produced from any said real and personal estates and effects as aforesaid In trust for all my children who shall be living at the time of my decease to be parted and divided between and amongst them but so nevertheless that the shares of my Sons shall be One hundred pounds larger than the shares of my daughters of and in the said monies and premises except the share of my daughter Elizabeth Bloxham Malings which I direct shall be of equal amount with the shares I have herewithbefore given to my sons. And if there shall be only one of my said children living at the time of my decease then in trust for such only one to whom respectively I do hereby give and bequeath the same to be vested in them my said children or child at their his or her respective ages of twenty one years. And in case any or either of my said children shall happen to depart this life during the life time of my said wife leaving lawful issue at his her or their deaths or respective deaths Then I direct that the issue of such of them as shall so die shall stand in the place of and have and be entitled to the share or shares which his her or their deceased parent or respective parents would have had or been entitled to if living of and in the said monies and premises and shall also take the same as between themselves in equal subdivided proportions as Tenants in common. And that in case any of my said children shall depart this life during the lifetime of my said wife without leaving lawful issue living at his her or their Death or respective deaths Then I direct that as well the original as well as any accruing share or shares of and in the said monies which from time to time shall belong to or be taken by my said children who shall die as last aforesaid and also the accumulations if any of the dividends interest and annual proceeds thereof shall from time to time go and accrue and be parted and divided between all my said children who shall be then living in the proportions and manner aforesaid and unto the issue of such of them as shall then be dead leaving lawful issue To be vested and transferred at their respective ages of twenty one years or as soon after the death of each such child so dying as aforesaid as conveniently may be And my will is and I do hereby further direct that in case my said Wife shall happen to depart this life before my youngest child shall have attained the age of twenty one years That they my said Trustees and the survivor of them and the executor or administrator of such survivor do and shall lay out and invest the said monies to arise and be produced from the sale or sales of any said real and personal estates and effects and to be got in and received by them as aforesaid in the names or name of the trustees or trustee for the time being of this my will in the public stocks or fund or upon government or real securities at interest and do and shall upon my youngest child attaining the age of twenty one years pay the same with the dividends interest and accumulation thereof to and amongst my said children in proportion and manner hereinbefore directed And as to the part share or legacy and all accumulations thereof hereinbefore by and given and bequeathed to my said daughter Elizabeth Bloxham Malings my will is and I direct that they my said trustees or the trustees or trustee for the time being of this my will shall lay out and invest the same in their own names or name in or upon any of the public stocks fund or securities of the united Kingdom of Great Britain and Ireland or other security in England and stand possessed of the said Stocks funds and securities Upon trust from time to time to pay the dividends interest and annual produce arising therefrom unto my said daughter Elizabeth Bloxham Malings for and during the term of her natural life for her own sole and separate use and benefit and free from the debts controul and engagements of any husband with whom she may intermarry and her receipt alone notwithstanding her coverture shall be a sufficient discharge for the same And from and after her decease upon trust to stand possessed of the same and the stocks funds and securities in or upon which the same maybe placed out or invested and the dividends interest and annual produce thereof In trust as to One hundred pounds part thereof to be parted and divided between and amongst all my sons and daughters and their issue as before provided with regards to the other shares, and as to for and concerning the remainder of the said part or share In trust for all the children (if any) of my said daughter Elizabeth Bloxham Malings who shall be then living equally to be parted and divided between and amongst them share and share alike to whom I do hereby give and bequeath the same respectively to be vested in them at their respective ages of twenty one years But in case my said daughter Elizabeth Bloxham Malings shall depart this life unmarried or without having any lawful issue her surviving who shall live to attain the age of twenty one years Then in trust for all and every my other children who shall be then living to be parted and divided between and amongst them share and share alike. And I direct that any sum or sums of money that I may have advanced to any of my sons or daughters or the husbands of any daughters in my lifetime shall be taken and considered as part of and be deducted from the Legacy part or share hereinbefore given and bequeathed to my said Sons and daughters respectively as aforesaid And I nominate constitute and appoint the said Isaac Berridge and Samuel Smith and my said sons Samuel Malings and William Malings joint Executors of this my Will. And I give devise and bequeath unto the said Isaac Berridge Samuel Smith Samuel Malings and William Malings their heirs executors and administrators All such messuages lands tenements and hereditaments as are now or as to any leasehold hereditaments as at the time of my decease shall be vested in me in trust for any person or persons or by way of mortgage To hold the same unto and to the use of Isaac Berridge Samuel Smith Samuel Malings and William Malings their heirs executors and administrators according to the different natures and qualities thereof respectively and for all my estate term and interest therein To the intent that my said trustees or trustee for the time being may make conveyances or assignments of such trust estates according to the trusts affecting the same and may be better enabled to get in receive and discharge the monies secured by any such mortgage or mortgages And I declare that the receipt or receipts of the trustees or trustee for the time being of this my will for any sum or sums of money paid or payable to them or him under or by virtue of this my will shall be an effectual release and discharge for the same or for so much thereof as in such receipt or receipts shall be expressed to be received and that the person or persons paying such sum or sums of money shall not be bound to see to the application or be answerable for the loss mis-application or nonapplication of the same Provided always and I do hereby direct that if the trustees appointed in this my will or to be appointed as hereinafter is mentioned or any of them or their or any of their heirs executors administrators or assigns shall happen to die or being desirous of being discharged from or refuse or decline or become incapable to act in the trusts hereby in them respectively reposed as aforesaid or shall go to reside abroad before the said trusts shall be fully executed then and in such case and when and so often as the same shall happen it shall be lawful to and for the last surviving and continuing trustee for the time being his executors or administrators by deed from time to time to appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or going to reside abroad as aforesaid And when and so often as any new trustee or trustees shall be appointed all the trust estates monies and premises or such of them as shall then remain subject to the trusts aforesaid shall be thereupon with all convenient speed conveyed designed and transferred in such sort and manner so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require to the uses and upon the trusts intents and purposes hereinbefore expressed and declared of and concerning the same trust estate monies and premises or such of them as shall be then subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose room he or they shall be substituted Provided always and I do hereby further declare that the said several trustees hereby appointed and to be appointed as aforesaid and each and every of them and the heirs executors administrators and assigns of them and each and every of them shall charged and chargeable respectively for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and anyone or more of them shall not be answerable or accountable for the other or others of them nor for any banker or other person with whom the said trust monies or any part of the same may be deposited or lodged for safe custody nor for any involuntary losses And also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and also to allow their respective co-trustee or co-trustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto In witness whereof I the said William Malings the Testator have to this my last Will and Testament contained in seven sheets of paper set my hand this twenty ninth day of february ---- in the year of our Lord One thousand eight hundred and fifty six. Signed by the said William Malings The Testator and by him acknowledged To be his last Will and Testament in the Presence of us who at the same time in his Presence and in that of each other have hereunto Subscribed our names as witnesses William Malings Henry Churchill, Solicitor, Deddington Augustus L? E? Lamb, his Clerk ============================ [Marginal note] This is the Testamentary Paper Writings or Codicil referred to in the annexed Oath Isaac Berridge } Saml Smith } Saml Malings } Executors Willm Malings } Thos G Kinch Commissioner This is a Codicil to the last Will and Testament of me William Malings of Clifton in the Parish of Deddington in the County of Oxford, Farmer, which will bears date the twenty ninth day of February one thousand eight hundred and fifty six. Whereas I have in and by my said Will given and bequeathed all my estate both real and personal to trustees for the benefit of my wife for life, and after her decease to be converted into money and to pay over and divide the same amongst all my children who shall be living at the time of my decease, but so nevertheless that the shares of my sons shall be One hundred Pounds larger that the shares of my daughters except the share of my daughter Elizabeth Bloxham Malings as therein mentioned now my Will is and I direct that the shares of my daughters shall be equal with those of my sons, and that all my monies and estates shall be equally parted and divided after the decease of my said wife) between my sons and my daughters and payable in the manner in my said Will mentioned (except as to my daughter Elizabeth Bloxham Malings for whom I do by this Codicil make a separate and distinct provision). And whereas I and my wife have given to each of our sons and daughter who have been established in business, certain articles of household furniture, but my two sons Joseph Edward, and John Thomas, and my daughter Charlotte Ann, have not yet been set up in business, and consequently have not had any articles of furniture given to them. Now my Will is and I direct that my wife shall have full power to select for and give to such of my said sons and daughter as may not during my lifetime have been established in business and had such articles of furniture given to him or her, such articles of household furniture as she may think fit and proper, and in the event of her dying in my lifetime, then that my Trustees may do so to the best of their discretion. And whereas I have in and by my said Will given and bequeathed to my said daughter Elizabeth Bloxham Malings a share in my property equal to that of my sons upon certain trusts for the benefit of my said daughter as therein mentioned Now I do hereby revoke annul and make void the said legacy and bequest to my said daughter Elizabeth Bloxham Malings and in lieu thereof I do hereby give and bequeath unto the trustees for the time being of my said Will the sum of One thousand Pounds Upon trust that they the Trustees or Trustee for the time being of my said Will shall lay out and invest the same upon any of the public stocks funds or securities or other approved securities in England and stand possessed of the same and the dividends and income arising therefrom Upon trust to pay such dividends interest and income unto my said daughter Elizabeth Bloxham Malings or to or for her benefit or advantage, for and during the term of her life for her own sole and separate use and benefit and free from any debt control and engagements of any husband with whom she may intermarry and her receipt alone notwithstanding her coverture shall be a sufficient discharge for the same And from and after her decease Upon trust to pay over and divide the said stocks funds and securities unto between and amongst all my other sons and daughters in equal proportions in the same manner and with similar benefits of survivorship and to issue as is mentioned and contained in my said Will. And I give and bequeath to my said daughter Elizabeth Bloxham Malings One bedstead, with mattress, bed, blankets, pillows, quilt, and three pairs of sheets, and such other articles and furniture as my said wife or Trustees shall consider proper and necessary for a bedstead, bed, and bedding complete, my wish and intention being that my said daughter should have such complete for use. And in all other respects I confirm my said Will. as Witness whereof I have hereunto set my hand this twenty second day of April in the year of our Lord one thousand eight hundred and sixty five Signed by the said William Malings, and by him acknowledged to be a Codicil to his last Will and Testament, in the presence of us, who at the same William Malings time, in his presence, and in that of each other have hereunto subscribed our names as Witnesses Henry Churchill Deddington Elizabeth Churchill - Deddington ============================= On the Third day of October 1865 the Will with a codicil thereto of William Malings late of Clifton in the Parish of Deddington in the County of Oxford, Farmer, deceased who died on the Sixth day of May 1865 at Clifton aforesaid was proved in the District Registry attached to Her Majestys Court of Probate at Oxford by the Oaths of Isaac Berridge of Somerton, in the County of Oxford, Farmer, Samuel Smith of the same place, Farmer, Samuel Malings of Bicester in the County of Oxford, Farmer, the son of the Deceased, and William Malings of Clifton aforesaid, Farmer, the son also of the Deceased, the Executors therein named they having been first sworn duly to administer It is hereby certified that the above is a correct Copy. Dated this Twelfh day of October 1865 Effects under £5000, No Leaseholds Extracted by Henry Churchill, Solicitor, Deddington, Oxon [Marginal note] This is the Testamentary Paper Writing or Will referred to in the annexed Oath Issac Berridge { Saml Smith { Executors Saml Malings { William Malings { Thos G Kinch Commisioner | |||||||||||||||||||||||||||||||||||||||||||||