Henry TOWNSEND of Witney

Will of Henry TOWNSEND of Witney

Will 28 Aug 1832 Codicil 8 Oct 1835 Probate 22 Jun 1839

Source:	TNA no. PROB11/1912
Contributed by:	Anon	Go to Translation	Go to Transcript

Summary.

... me Henry Townsend of Witney ... gentleman ...
Name	Relationship	[Comments] or Major Bequests
Henry TOWNSEND		Witney
Hannah TOWNSEND	Wife
William TOWNSEND	Brother	London Deceased
Henry Alfred TOWNSEND	Son (Exec)
Daniel RUTTER	Mention	Wood Green. Witney
James WESTELL	Mention	Witney
Daniel WESTELL	Witness to will
Charles HIETT	Witness to will
John SKINNER?	Witness to codicil	Witney
George SAUNDERS	Witness to codicil	Witney

Probate 22 Jun 1839 London (with a codicil) ... Henry Alfred Townsend son the sole Executor named in the codicil ... he having made a solemn affirmation ...

Transcriber's and Editor's Notes

"Affirmation" in the probate suggests that they were Quakers.
The WESTELLs were Witney solicitors.
Brother William's will (which we don't have) was proved at the PCC in May 1832 (PROB11/1800/293)
The following details are believed to be true but should not be totally relied upon:
Testator: Brother of Alice (1839 qv) & John (1834 qv).

Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary

... me Henry Townsend of Witney ... gentleman ...

My debts, funeral and testamentary expenses are to be paid.
I give all my household furniture, plate, linen, books and wearing apparel to my dear wife Hannah Townsend for her own use.
In his will, my late brother William Townsend Esq of York Place, City Road (MDX) and formerly of MDX Holborn, after several specific legacies, gave all the residue of his personal estate and effects to his Executors Upon Trust to pay certain legacies and then divide the rest of the proceeds among his then-living next of kin.
I am entitled to one quarter of the proceeds.
I give [it] and any other money to which I am entitled under that will to my friends Daniel Rutter of Wood Green in Witney and James Westell of Witney, gentlemen, and their Executors etc Upon Trust as follows:
- To raise Ł500, invest it their own names, and pay the dividends etc to my wife for life.
- If my quarter share falls short of Ł500, to invest [as much as there is] and pay the income to my wife for life.
- After my wife's decease, to pay the Ł500 (or lesser sum as above), plus any income then due, to my son Henry Alfred Townsend.
I give all the residue of my personal estate and effects, whether in possession, reversion, remainder or expectancy, to my son Henry Alfred Townsend for his own benefit.
I appoint Daniel Rutter and James Westell joint Executors.
[Permission for Trustees to recover expenses]
[Usual protection for Trustees against all but wilful default]
Witnesses Dan'l Westell; Charles Hiett

==============================
Codicil 8 Oct 1835

In my will I have appointed Daniel Rutter and James Westell as Trustees and joint Executors.
Now I revoke that appointment, and appoint my son Henry Alfred Townsend as sole Trustee and Executor.
Notwithstanding that appointment, he is to be entitled to all the legacies etc given to him or In Trust for him by my will.
I confirm my will in all other particulars.
Witnesses John Skinner? Witney; George Saunders, Witney

Probate 22 Jun 1839 London (with a codicil) ... Henry Alfred Townsend son the sole Executor named in the codicil ... he having made a solemn affirmation ...

As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.

Henry Townsend

This is the last Will and Testament
of me Henry Townsend of Witney in the County of Oxford Gentleman
made this twenty eighth day of August in the year of our Lord one thousand
eight hundred and thirty two ffirst I direct that all my just debts ffuneral and
Testamentary expences shall be paid and discharged by my Executors herein
after named out of my Personal Estate and Effects I give and bequeath unto my
dear Wife Hannah Townsend all my Household ffurniture Plate Linen
Books and Wearing Apparel for her own separate use And whereas my late
Brother William Townsend of York Place City Road in the County of

Middlesex formerly of Holborn in the same County Esquire Did in and by his
last Will and Testament in writing after several pecuniary and specific legacies
give and bequeath unto his Executors therein named All the rest residue
and remainder of his Personal Estate and Effects Upon Trust to raise
and pay certain legacies or sums to the several persons and for the particular
purposes therein mentioned And upon further [sic] to pay and divide all the rest
residue and remainder of the proceeds of his said personal Estate and Effects unto
and among all and every his next of kin who shall be living at the time of his
decease share and share alike to and for their his and her own respective use
and benefit And Whereas I am by the said Will entitled to one fourth part
part [sic] or share of the said residue and remainder of the said Personal Estate
and being desirous of disposing thereof by this my Will do hereby give and
bequeath the said fourth part or share of the said residue and remainder
of the said Personal Estate to which I am so entitled as aforesaid with all
other sum and sums of money which I am entitled to in possession or in
reversion under the said recited Will unto my ffriends Daniel Rutter of
Woodgreen in the Parish of Witney aforesaid Gentleman and James Westell
of Witney aforesaid Gentleman their Executors Administrators and assigns upon
Trust that they the said Daniel Rutter and James Westell and the survivor of
them and the Executors Administrators and Assigns of such survivor do & shall
out of the said residue as aforesaid raise the sum of five hundred pounds of
lawful money of Great Britain and lay out and invest the same in their or
his names or name in or upon Government or real security and do and shall
pay the dividends interest or Annual proceeds thereof unto my said Wife
Hannah Townsend or her Assigns for and during the term of her natural life
But in case my said fourth part or share of the said residuary Estate shall
fall short or shall not amount to the said sum of ffive hundred pounds Then
Upon Trust that they the said Daniel Rutter and James Westell ^{and the survivor of them} and the
Executors Administrators and Assigns of such survivor Do and shall lay out
and invest in manner before directed such sum and sums of money as I
shall be so entitled to under my said Brother's Will and pay the interest
dividends and annual proceeds thereof unto my said Wife and her assigns
for and during the term of her natural life And from and immediately after
the decease of my said Wife Hannah Townsend Then upon Trust to assign
transfer and pay the said sum of five hundred pounds or such lesser sum as
aforesaid with all dividends and interest which shall be then due thereon
unto my Son Henry Alfred Townsend his executors Administrators & assigns
And I also give and bequeath all the Rest Residue and Remainder
of my Personal Estate and Effects of what nature or kind soever and whether
in possession reversion remainder or expectancy unto my said Son Henry
Alfred Townsend his executors administrators and assigns to and for his and
their own use and benefit And I nominate and appoint the said Daniel
Rutter and James Westell joint Executors of this my last Will and
Testament Provided always and it is my Will and I do hereby direct that it
shall be lawful for they my said Trustees and Executors and their Executors
and Administrators respectively by and out of the said trust money hereinbefore
mentioned to deduct and reimburse to himself and themselves and to allow to
his and their Cotrustees from time to time respectively all such Costs Charges
damages and expences as they or any of them shall be put unto pay suffer or
sustain for or by reason of any of the trusts hereby in them reposed or in the
management or execution thereof or for or by reason of any other matter or
thing in anywise relating thereto And that the said Trustees & Executors
their heirs executors or administrators shall be answerable and accountable
for no more money than what they shall respectively receive by virtue of the
Trusts aforesaid nor shall any of them be charged or chargeable with or
accountable for the receipt and receipts of the other of them but each for his own
acts receipts and wilful defaults only nor shall they or any of them be answerable

or accountable for the insufficiency or deficiency of any security or securities
whereon the said monies or any part thereof shall or may be invested nor
shall they any or either of them be answerable or accountable for any
involuntary loss of any of the said sum or sums of money but shall be
acquitted and saved harmless in respect of all such Acts matters and things
as shall be done by them respectively in pursuance hereof in the execution
or management of the several Trusts hereby in them reposed unless the same
shall happen through their or his own wilful neglect or default In Witness
whereof I the said Testator Henry Townsend have to this my last Will and
Testament contained in three sheets of paper set my hand and seal to wit my
hand to the two preceding sheets and my hand and seal to this last sheet the
day and year first before written Henry Townsend (O) The Writing
contained in this and the two preceding sheets of paper was signed sealed
published and declared by the above named Testator Henry Townsend as
and for his last Will and Testament in the presence of us who at his request
in his presence and in the presence of each other have subscribed our names
as Witnesses hereto Dan'l Westell /-/ Charles Hiett

I Henry Townsend of Witney in the County of
Oxford Gentleman do declare this to be a Codicil to my last Will and Testament
Whereas in and by my said Will I have nominated and appointed Daniel
Rutter of Woodgreen in the Parish of Witney aforesaid Gentleman and
James Westell ^{of Witney} aforesaid Gentleman Trustees and joint Executors thereof
Now I do hereby annul revoke and make void the said nomination and
appointment of the said Daniel Rutter and James Westell to be such Trustees
and Executors of my said Will And I hereby nominate and appoint my son
Henry Alfred Townsend to be the sole Trustee and Executor thereof And I
do hereby declare that notwithstanding the appointment of my said son
as such Trustee and Executor he is to be entitled to all the Legacies and
bequests given and bequeathed to or in Trust for him in and by my said
last Will and Testament And I do hereby ratify and confirm my said Will
in all other particulars In Witness whereof I have hereunto subscribed
and set my hand and seal this 8th day of October 1835 /-/ Henry
Townsend (O) Signed sealed published and declared by the said Henry
Townsend as and for a Codicil to his last Will and Testament in our presence
who at his request in his presence and in the presence of each other have
subscribed our names as witnesses John Skinner? Witney
George Saunders Witney

Proved at London with a Codicil 22nd June 1839 before the
Worshipful ffrederic Thomas Pratt Doctor of Laws & Surrogate by Henry
Alfred Townsend the Son the sole Executor named in the Codicil to whom
Admon was granted he having first made a solemn & sincere Declaration
or Affirmation according to Act of Parliament duly to administer.

Oxfordshire Family History Society

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