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Will of John POULTON of Deddington

Will 26 Aug 1842   Probate 9 Mar 1848

Source: TNA no. PROB11/2071
Contributed by: Janet Lymath Go to Translation Go to Transcript
Summary.
... me John Poulton of Deddington ... yeoman ...

NameRelationship[Comments] or Major Bequests
John POULTON Deddington
Harriet POULTONWife
John POULTON JrSon Trustee (Exec)
Isaac BERRIDGETrustee (Exec)Somerton
Sarah POULTONDaughter
Sophia STURCHDaughter
William STURCHSon-in-law
Harriet KINGDaughter
Thomas KINGSon-in-law
Mary Ann LYMATHDaughter
Joseph LYMATHSon-in-law
John Francis LAMBWitnessDeddington solicitor
William COCKERILLWitnesssolicitor's clerk
 
Probate 9 Mar 1848 London ... John Poulton the son and Isaac Berridge the executors ...
Transcriber's and Editor's Notes
 
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... 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"
  • I appoint my son John Poulton Jr and Isaac Berridge of Somerton, yeoman, as Executors, and I give all my real and personal estate and effects to them and their heirs etc Upon Trust as follows:
    • To pay all my debts, funeral and testamentary expenses out of my ready money, securities for money and book debts (if they are sufficient, otherwise out of any other part of my personal estate and effects).
    • To permit my dear wife Harriet to take the rents etc of my real estate and have the use of my personal estate and effects (to enable her to carry on my businesses for the support of herself and the maintenance and education of those of my children who remain unmarried) for life while she remains unmarried, she keeping my messuages etc in good repair and insured against fire, and keeping up the stock to the same level as she received after my decease.
    • As soon as is convenient after my decease an inventory and valuation shall be made of all the household furniture, plate, linen, china, glass, stock in trade, farming stock and implements and other articles intended to be given to my wife, to be signed by my executors and my wife, one copy to be retained by my executors and one copy by my wife.
    • After the decease or remarriage of my wife, to raise the following legacies out of my personal estate or by sale or mortgage of all or part of my real estate:
      To my daughter Sarah Poulton 350.
      To my daughter Sophia the wife of William Sturch 350.
      Both to be paid within twelve months after the decease or remarriage of my wife.
    • To retain two sums of 300 and apply them as described below.
    • After the above payments etc, to transfer all my real and personal estates to my son John Poulton and his heirs etc
    • But if my wife remarries I give her an annuity of 26 to be paid quarterly in equal portions, beginning three months after her marriage and payable for the rest of her life. If any quarterly payment shall be in arrear by 20 days, my wife may enter upon any of my property and distrain for the payment as is usual in cases of distress for arrears of rent.
    • My Trustees are to invest the above retained two sums of 300 in their own names (with discretion to alter investments) and hold the securities etc Upon Trust:
      • To pay the dividends etc from one 300 as and when received into the hands of my daughter Harriet, wife of Thomas King, for her own separate use independent of her husband and free from his debts etc for life.
        After her decease, if her husband survives her, to pay the dividends etc to him for his own use for life.
        After the decease of the survivor, to divide the 300 between all Harriet's children at age 21.
        But if Harriet has no children, or none who are alive at her decease or have previously died leaving lawful issue, then immediately after the decease of the survivor of Thomas and Harriet my Trustees shall hold the 300 securities etc Upon Trust for all the children of my remaining daughters and my son who are then living equally at age 21.
      • To pay the dividends etc from the other 300 as and when received into the hands of my daughter Mary Ann, wife of Joseph Lymath, for her own separate use independent of her husband and free from his debts etc for life.
        After her decease, if her husband survives her, to pay the dividends etc to him for his own use for life.
        After the decease of the survivor, to divide the 300 between all Mary Ann's children at age 21.
        But if Mary Ann has no children, or none who are alive at her decease or have previously died leaving lawful issue, then immediately after the decease of the survivor of Joseph and Mary Ann my Trustees shall hold the 300 securities etc Upon Trust for all the children of my remaining daughters and my son who are then living equally at age 21.
      • I declare that the receipts of my daughters Harriet King and Mary Ann Lymath alone, notwithstanding their coverture, shall be sufficient discharges to my Trustees.
  • [Usual protection for Trustees against all but wilful neglect]
  • [Permission for Trustees to recover expenses]

  • Witnesses Jn'o Fra's Lamb Sol'r Deddington William Cockerill his Clerk
Probate 9 Mar 1848 London ... John Poulton the son and Isaac Berridge the executors ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
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.