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Will of John POULTON of Deddington
Will 26 Aug 1842 Probate 9 Mar 1848 | ||||||||||||||||||||||||||||||||||||||||
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| Summary. | ||||||||||||||||||||||||||||||||||||||||
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| Transcriber's and Editor's Notes | ||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | ||||||||||||||||||||||||||||||||||||||||
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... me John Poulton of Deddington ... yeoman ... He frequently uses the phrase "they the said John Poulton the younger and Isaac Berridge and the survivor of them and the heirs executors and administrators of such survivor" or similar wording -- this is rendered below as "my Trustees"
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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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John Poulton This is the last will and Testament of me John Poulton of Deddington in the County of Oxford Yeoman I appoint my son John Poulton the younger and Isaac Berridge of Somerton in the said County of Oxford Yeoman Executors in trust of this my will and I give devise and bequeath all and singu lar my messuages or tenements lands hereditaments and other my real estate and also all and singular my Personal Estate and Effects of what nature or kind soever the same may be which I shall be possessed of or over which I shall have a disposing pow er at the time of my decease unto the said John Poulton the young er and Isaac Berridge their heirs executors and administrators ac cording to the nature of the said estates and property respectively Upon the several trusts and to and for the several ends intents and purpo ses hereinafter declared of or concerning the same (that is to say) In the first place by and out of my ready money Securities for money and book debts in case the same shall be sufficient for such purpose or otherwise by and out of any other part of my said personal estate and effects to pay and discharge all my just debts funeral and testamentary expences and the expences of proving this my will and after payment and satisfaction thereof to permit and suffer my dear wife Harriet to have receive and take the rents and profits of my said real estate and have the use and enjoyment of my said personal estate and effects (in order to enable her to carry on the trades or businesses in which I may be engaged at the time of my decease for the support of herself and the maintenance and ed ucation of such of my children as shall continue single and unmarried) for and during the natural life of my said wife in case she shall so long continue my widow and unmarried she keeping my several messuages or tenements and the buildings belonging thereto in good and substantial repair and fully insured against loss or damage by fire and also at all times keeping up a stock of as large amount in value as that she shall have given up to her after my decease and I hereby direct that as soon as conveniently may be after my decease an In ventory shall be taken by my said executors of all and singular the household furniture plate linen china glass stock in trade farming stock and implements and other articles intended to be given up to my said wife and an appraise ment and valuation be made thereof by one or more competent person or persons which Inventory and Appraisement shall be signed by them my said executors and my said wife and one Copy of the same be retained by them my executors and one other copy thereof be delivered to my said wife and from and after the decease or second marriage of my said wife which shall first happen Upon this further Trust that they the said John Poulton the younger and Isaac Berridge and the survivor of them and the heirs executors and administrators of such survivor do and shall out of the produce of my said Personal estate or by the sale or mortgage of all or any part of my said real estate and which sale or mortgage I hereby ex pressly authorize and empower them to make and execute raise and pay the several legacies or sums of money following (that is to say) unto my daughter Sarah Poulton the legacy or sum of three hundred and fifty pounds sterling and unto my daughter Sophia the wife of William Sturch the Legacy or sum of three hundred and fifty pounds sterling and I do hereby give and bequeath the said respective Legacies or sums of money unto my said daughters Sarah and Sophia accordingly and direct the same to be raised and paid by my said executors within twelve months after the decease or second marriage of my said wife which shall first hap pen and I direct my said executors and Trustees to retain in their own hands the two several sums of three hundred pounds and three hundred pounds and to apply and dispose of the same respectively to and for the uses upon the trusts and in the manner hereinafter particularly mentioned and expressed and I do hereby expressly charge all the said respective legacies or sums of mo ney upon all and singular my said real and personal estate and from and after payment retention and satisfaction of the aforesaid Legacies or sums of moneys respectively and subject thereto Upon Trust to convey as sign transfer and pay over all and singular my said real and person al estates unto my said son John Poulton his heirs executors and ad ministrators to whom I do hereby give devise and bequeath the same accordingly Provided always and I do hereby declare my will to be that in case of the second marriage of my said wife she shall be en titled to and I do hereby expressly charge all and singular my said real estate with the payment to her of an annuity or yearly sum of Twenty six pounds sterling to be paid to her in equal portions by quar terly payment and the first payment thereof to begin and be made at the end of three months next after the day of her second marriage and to continue payable for and during the remainder of the term of her natural life provided also that in case any quarterly payment of the said annuity or sum of Twenty six pounds or any part thereof shall at any time be in ar rear and unpaid by the space of Twenty days next after any of the said days hereby appointed for payment thereof then and in such case and as often as the same shall happen it shall be lawful for my said wife her ap pointees or assigns into and upon my said several messuages or tenements lands hereditaments and premises or any of them or any part thereof to enter and distrain for the same and the distress or distresses then and there found to detain and keep until all such arrears and all costs charges dama ges and expences attending the taking and keeping such distress or distresses shall have been fully paid and satisfied and the default of payment thereof or any part thereof in due time after such distress or distresses shall be so taken to appraise sell and dispose thereof or otherwise act therein according to Law in like manner as in case of distress made or taken for arrears of rent reserved? upon Leases for years and it is my will and I here by direct the said John Poulton the younger and Isaac Berridge and the survivor of them and the executors and administrators of such survivor to lay out and invest the said two several sums of three hundred pounds and three hundred pounds hereinbefore directed to be retained by them in their or his names or name in or upon some of the Government or Par liamentary stocks or funds of Great Britain or other real or approved securities in England or Wales and from time to time alter vary trans pose and change the same stocks funds and securities or any part of the same into for and upon other stocks funds and securities of a like or other nature or description as often as it shall become necessary or be thought expedient and stand possessed of the said stocks funds and securities Up on Trust to pay the dividends interest and income arising from one of the said sums of three hundred pounds as and when the same shall be received by them or him into the hands of my daughter Har riet the wife of Thomas King to and for her own separate use indepen dent of her husband and free from his debts interference engagements or control for and during the term of her natural life and from and after the decease of my said daughter Harriet in case her husband shall survive her then to pay the said dividends interest and income to the said Thomas King to and for his own use for and during the term of his natural life and from and after the decease of the survivor of them the said Thomas King and Harriet his wife Upon Trust to pay trans fer and divide the said sum of three hundred pounds unto between and amongst all and every the children of my said daughter Harriet share and share alike at their respective ages of Twenty one years But in case it shall happen that my said daughter Harriet shall not have any children or none who shall be living at the time of her decease or who shall have died previously thereto leaving lawful issue Then I direct my said Trustees and the survivor of them and the execu tors or administrators of such survivor immediately after the decease of the survivor of them the said Thomas King and Harriet his wife to stand possessed of the said sum of three hundred pounds and the stocks funds and securities upon which the same shall be invested Upon Trust for all and every the children of my remaining daughters and my son who shall be living at the decease of the survivor of them the said Thomas King and Harriet his wife share and share alike at such age as hereinbefore mentioned and I also direct my said Trustees and the survivor of them and the executors or administrators of such survi vor to pay the dividends interest and income arising from the other of the said sums of three hundred pounds as and when the same shall be received by them or him into the hands of my daughter Mary Ann the wife of Joseph Lymath to and for her own separate use independent of her husband and free from his debts interference engagements or control for and during the term of her natural life and from and after the decease of my said daughter Mary Ann in case her husband shall survive her then to pay the said last mentioned dividends interest and income to the said Joseph Lymath to and for his own use during the term of his nat ural life and from and after the decease of the survivor of them the said Joseph Lymath and Mary Ann his wife Upon Trust to pay transfer and di vide the said last mentioned sum of three hundred pounds unto between and amongst all and every the children of my said daughter Mary Ann share and share alike at their respective ages of Twenty one years But in case it shall happen that my said daughter Mary Ann shall not leave any children living at the time of her decease or none who shall have died previously thereto leaving lawful issue Then I direct my said Trustees and the survivor of them and the executors or administrators of such survivor immediately after the decease of the survivor of them the said Joseph Lymath and Mary Ann his wife to stand possessed of the said last mentioned sum of three hundred pounds and the stocks funds and securities upon which the same shall be invested Upon Trust for all and ev ery the children of my remaining daughters and my son who shall be li ving at the decease of the survivor of them the said Joseph Lymath and Mary Ann his wife share and share alike at such age as hereinbefore men tioned and I hereby declare and direct that the respective receipts of my daugh ters Harriet King and Mary Ann Lymath alone notwithstanding their Coverture shall be good and sufficient acquittances and discharges to my said Trustees for all monies by this my will directed to be paid to them for their separate use respectively Provided always and I hereby further will and declare that neither the said John Poulton the younger or Isaac Berridge or the heirs executors or administrators of either of them shall be charged or chargeable with or for any more or other money or monies than they shall respectively actually receive or which shall come to their respective hands notwithstanding he or they shall or may give or sign or join in giving or signing any receipt or receipts for the sake of conformity or for the greater satisfaction only of the person or persons paying the same and that one of them my said Trustees shall not be answerable for the other of them or the heirs executors or administrators of the other of them but each for himself only and his own heirs executors and ad ministrators and acts receipts neglects and defaults and that they or either of them shall be not be answerable or accountable for any banker broker or other person with or to whom or in whose hands any part of the said trust monies shall or may be intrusted paid or deposited for safe custody or otherwise in the execution of the trusts of this my will nor for any person or persons acting under or employed by them or him the said Trustees or Trustee or either of them in the receipt payment management or disposal of the same trust monies or any part thereof pursuant to the said trusts and that they or either of them shall not be answerable or accountable for the rise or fall in the price or value of stocks or the insufficiency or defi ciency in title or value of any security or securities in or upon which the same trust monies or any part thereof shall be placed out or invested nor for any other misfortune loss or damage which may happen to the said trust monies or any part thereof or to any of the messuages lands tenements and hereditaments aforesaid in the execution of the trusts rela ting thereto except the same shall happen by or through their or his own respective wilful act neglect or default and then and in that case he and they respectively shall singly and alone be answerable for such loss or damage as shall arise from such his or their own respective act neglect and default and also that it shall be lawful for the said Trustees and their respective heirs executors and administrators and he and they are hereby authorized and empowered by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain and reimburse himself and themselves respectively and also to pay or al low to his Cotrustee all costs charges damages and expences which they or either of them shall or may pay sustain or be put unto in the execution of the said trusts or any of them or in anywise relating thereto In witness whereof I have to this my last will and testament contained in five sheets of paper set and subscribed my hand and this twenty sixth day of August in the year of our Lord one thousand eight hundred and forty two -- John Poulton -- Signed by the Testator John Poulton in the presence of us present at the same time and who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses Jn'o Fra's Lamb Sol'r Deddington William Cockerill his Clerk Proved at London 9th March 1848 before the Judge by the oaths of John Poulton the son and Isaac Berridge the executors to whom admon was granted having been first sworn by Commission duly to administer. | ||||||||||||||||||||||||||||||||||||||||