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Will of Francis WASTIE of Church Cowley
Will 26 May 1814 Codicil 4 Jul 1814 Probate 27 Aug 1818 Admon 11 Aug 1837 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Francis's father (also Francis) was Sheriff of Oxford in 1770. Francis's son-in-law John WASTIE (formerly John Ingram LOCKHART) was MP for Oxford. Although Probate was first granted in 1818 to his son-in-law (the other two executors renounced), both he and his wife died before completing the execution (hardly surprising), and Admon was eventually granted to a residuary legatee in 1837. This is by far the longest and most complex will yet contributed, and my grateful thanks are due to Eve McLaughlin for paraphrasing it in understandable language. Her paraphrase appears below, after the "Translation". She remarks that mortgages of over £7000 and £5000 are ridiculously large (which indeed they are). But the figures are repeated several times in the text, written rather than in figures. It may not be a coincidence that in both cases the property being mortgaged is that which he is settling upon his wives, and in each case the money is advanced by the trustees of the settlement. There is a series of clauses concerning the sale of property, with the proceeds to be divided 50/50 between his wife and daughter -- there is so much crossing-out and insertion (said by the clerk to have been present in the original) that it makes little sense. The mysterious pair John Wastie and Ann Arnott (married 1808) nee Wastie are described as brother James's "relations". However, according to Eynsham PRs James was married to Sarah HALL, and their children John and Ann were baptised 1755 and 1759. They were therefore Francis's nephew and niece, and Ann was almost 50 at her own marriage. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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... me Francis Wastie of Great Haseley and of Church Cowley Esq, late Major in the Militia Regiment and now Lieutenant Colonel in the Eastern Regiment of Local Militia ... [Throughout his will he appoints his present wife Ann Wastie, his son-in-law John Ingram Lockhart and his friend Thomas Toovey as Trustees for various purposes. They are below (after the first time) rendered simply as "my Trustees" (not to be confused with the two separate sets of trustees for his two marriage settlements).]
Codicil 4 Jul 1814
Affidavit 17 Aug 1818 Appeared personally John Ingram Lockhart of BRK Tubney Lodge near Abingdon Esq, Mary Gibbard Lockhart his wife, and Frederick George Syms of MDX Craven Street, The Strand, gentleman
Before me James Hoskins M D of BRK Appleton. Proved 27 Aug 1818 London with a Codicil ... John Ingram Lockhart Esq one of the Executors ... Anne Wastie the relict and Thomas Toovey Esq the other Executors having first renounced. ===================== Admon 11 Aug 1837 [The following grant of Admon was written in very short lines in the margin of the last full page of the will] [One line (squeezed in afterwards) and a few odd words are illegible.] Administration (with will and codicil annexed) of the goods etc of Francis Wastie ... left unadministered by John Wastie (formerly John Ingram Lockhart) Esq deceased whilst living one of the Executors and a residuary legatee ... was granted to Mary Cook spinster the niece of the deceased and one of the appointed names in a Will of Mary Gibbard Lockhart (wife of John Wastie formerly John Ingram Lockhart) deceased whilst living the daughter and the devisee for life of the ... deceased and as such one of the residuary legatees substituted in his will ... Ann Wastie the relict and Thomas Toovey the other Executors ... having formerly renounced ... ======================================================================== Paraphrase by Eve McLaughlin Francis Wastie first married Mary Gilkes, daughter of Richard of NTH Charlton. By a marriage settlement dated 15-16 June 1778 he settled on her (if she outlived him) and on their children, various freehold Estates in Church Cowley, Temple Cowley and Hockmore in Iffley, plus half his manor of Church Cowley which he held on a lease of lives from the Dean and Chapter of Christchurch Oxford. [lease of lives; a vague term consisting of the lifetimes of three persons, usually the purchaser and two young people, not necessarily relatives. If one died, a fourth life could usually be added in for a small extra fee] The dowry brought by Mary consisted of her future inheritance (on the death of her aunt, Mary Gibbard) of the lordship of North Marston and Oving and an estate at BKM Ludgershall. This property was held after the death of Mary (Gilkes) Wastie by Francis, her husband, by "courtesy of England", meaning for life by a husband who had sired children by the heiress of the property. It was granted to his daughter on her marriage. Francis and Mary had two children, Mary Gibbard Wastie, now over 21 and married to John Ingram Lockhart, and Caroline Matilda who died as a baby. Francis now confirmed the marriage settlement and the inheritance (after his death) by his daughter, Mary Gibbard Lockhart. of the named properties, both those included in the settlement and those in his wife's dowry, plus a cottage at Church Cowley with 4½ acres (formerly Hewes) and all her mother's plated goods. Francis remarried (to try to get a son) Ann Earle, daughter of Timothy and Dorothy Earle of HRT Moorhouse Rickmansworth. By the second marriage settlement dated 15-16 Feb 1791 she and her children were to have a freehold estate at BKM Oving which he had bought from William Francis Spicer and property at Temple Cowley. She would have this for life as widow and then it would go to her sons in birth order or failing sons, her daughters as tenants in common. [In fact, she had no children]. Anne also got £400, her own plate and household goods brought to the marriage, with his carriage and horses, wines and liquors for her own use unconditionally and the use of all other household goods and effects for life. She was to make a full inventory of these and if she didn't want to use them, part could be sold and invested to provide income - and natural wearing out was allowed for. What remained at her death was to form part of his residual estate. The son in law, John Ingram Lockhart was left £100 and forgiven the debt of money borrowed to bring about his recent election as MP. Minor bequests were to "Relation Mrs Frances Wastie" of £20 and an annuity of £16 out of lands at Barnard Gate, Eynsham, with power to distrain if not paid on time. Thomas Toovey (friend and trustee) got £50, and a mysterious William son of the late Mary Brown of Littlemoor £40 [illegitimate child or old nanny?]. The issue was complicated by the inheritance by Francis from his brother James Wastie in 1803 of a substantial estate in land and personal effects in Eynsham. This looked good but proved to be encumbered by a mortgage of £700 to the Duke of Marlborough and, more seriously, by a debt of £1260 incurred by [brother in law] John Cook of Gloucester, wine merchant, to Joseph Pitt of Cirencester, banker. James Wastie had been persuaded to back this bond, and when John Cook defaulted Francis, as heir of James, was left to pay what had become 'his' debt. He paid off the whole principal and interest except £200 and this he proposed to recoup. His mother had left Hannah Cook, wife of John, £100 cash and the rents of cottages occupied by John King and Elizabeth Quartermain (and owned by John Cook, presumably as husband of Hannah). These were intended to be assigned to James Wastie as security in 1802 when he backed the bond. The cash and rents were to be withheld from the Cooks until they paid the debt. James had given in his will the life use of 41 acres of land allotted to him at Eynsham Heath, lately enclosed, part of land bought on 900 yrs lease from the Duke of Marlborough; with a house built on it; and a close (occupied by John Enston, bought on lease from James Duberly but subject to life use by Enston) containing 3 acres; and land on the heath bought from Samuel Dring of 2 acres, to a John Wastie and his sister Ann, now Mrs Jonathan Arnott [see Note]. After the deaths of John Wastie and Ann Arnott these premises were to revert to his sister, Hannah Cook, separately from her husband. None of the purchases were quite completed in James's lifetime and they, plus small allotments of 1ac and 2ac freehold, were completed by Francis, as heir at law. Francis conveyed the premises to the use of Hannah Cook and her children after her, under trustees to keep them from her husband's control or use. The trustees were his widow Ann Wastie, John Ingram Lockhart his son in law, and Thomas Toovey of Nettlebed. Hannah's heirs were her daughters, Mary, Sarah and Elizabeth Cook, all unmarried [and no further children were expected]. James Wastie had left his sister Hannah 2 pieces of land called Mooms Close, but if she died in his lifetime, it was to go to her daughters. She didn't, and Francis, as heir at law, confirmed the land to the three daughters equally. The rest of the apparently large estate at Eynsham proved to be encumbered by a mortgage of £700 and the trustees were given the property with instructions to sort this out. First, they were to fell and sell all the trees, timber and small wood on the land, if that was not enough then to sell Francis's land of 4 grounds [enclosed and tithe free, so a good spec] called Monkswood (occupied by Richard Brain), and a farmhouse on it late Quarterman's (occupied by Richard Bowerman), and if still necessary a piece of land on Eynsham Cow Leys, formerly part of the old common, and pay off £400 of the £700 mortgage, using any residue as described later. The estate at Ludgershall and other estates were to be sold, plus the 22 acres of woodland in Eynsham which James bought from James Duberley, the proceeds to go half to wife Ann, half to daughter Mary. The estates at Oving were to go to daughter Mary for life, then to wife Ann. Lands at Oving and Temple Cowley settled on wife Ann. The freehold estate at BKM Ludgershall bought from Joseph Bevenham of Aylesbury is subject to a mortgage of £7100-15s to the trustees. Estate at Great Haseley held from Dean and canons of Windsor (held by lease of lives) to trustees, to be sold to satisfy mortgage of £7100-15s charged on Ludgershall estate and then pay the rest of the £700 mortgage on my brother's purchase from the Duke of Marlborough. All estates at Oving and Temple Cowley comprising the settlement on daughter Mary G Lockhart to trustees, and her receipt sufficient. After her death, to go to her second son, or sons in order of birth, failing whom, shared by daughters. If no issue, then to John Ingram Lockhart or his assigns for his lifetime, then as dau Mary shall have indicated in a will (as widow) or deed in writing while married. If she doesn't make such a disposition, then to revert to the children of Hannah Cook or if they are dead, to my right heirs forever. My leaseholds to my wife Ann for life, then to my daughter Mary G Lockhart, then her son at 21 etc or as Mary G Lockhart directs in writing, then to any heir except Hannah Cook and family. My provision for my wife Ann is in lieu of her customary entitlement to a third of my whole estate for life and any demands on my personal estate other than what she is entitled to under the marriage settlement. Any of my daughter's family inheriting my estate is to assume my surname and arms in place of his own. If they will not get an Act of Parliament to do this, the estate shall pass on to the next heir in line who will do so. No heir shall be admiited under the age of 21 - the trustees to act instead and lease out the land if need be. Ann is to have use of all leaseholds for life, then Mary, as long as the stated or renewed terms last. Use any profits to maintain and bring up the Lockhart children. If Mary G Lockhart dies with no or no surviving children, then the property to John Ingram Lockhart for his lifetime, then to my right heirs at law. Trustees to pay the rent due under the lease of Great Haseley promptly, and rent out and collect proceeds diligently on other properties, to make the best use of the estates. There is a mortgage on the leaseholds of £5000 due to George Elwes also. If he calls in the mortgage, sell the lease of the estate if necessary. To pay off the debts [mortgages on lands] sell the property at Oving if necessary and I hope my wife will let the Ludgershall estate go if need be. Notes. Married women could not normally make wills and all they had was their husband's. Therefore special arrangements had to be made to prevent John Cook from grabbing Hannah's portion, and special permission for Mary Lockhart to make a deed of appointment to dispose of her own property even while married. Obviously, what Francis could not predict is how much the trustees would get for the parts of the massive estate he directed to be sold, so some more are to be sold if necessary. The stated sums in thousands for mortgages look to be too much for what was being bought - could they be in hundreds instead? John Cook was evidently a straw man from whom no repayment of his own debt could be expected. Francis just arranged to keep his paws off any property which might have come into the hands of his wife (and therefore be his to squander). There were no Lockhart children, or none who lived long. John Ingram Lockhart therefore took his father in law's name and possibly struggled with juggling sales and payments of mortgages. It also appears that the remainder to the Cook daughters came into operation, and the eldest was not married. It suggests that neither were the other daughters, or surely one of their husbands would have muscled in to take administration. True, Mary Cook seems to have been named as legatee in the 'deed or writing' of Mary Gibbard Lockhart/Wastie. I wonder what happened to the estate after the Cooks died? And who were John Wastie and his sister Ann Arnott? Maybe illegitimate, since Francis does not name them as potential heirs at law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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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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Francis Wastie This is the last Will and Testament of me Francis Wastie of Great Haseley and of Church Cowley in the County of Oxford Esquire late Major in the Militia Regiment and now Lieutenant Colonel in the Eastern Regiment of Local Militia of the said County first I desire to be buried in my family vault at Church Cowley aforesaid in a plain manner at the direction of my Executrix and Executors hereinafter named and I direct that a proper Inscription to my memory be put upon the monument which I erected to the memory of my deceased Wife and Daughter And whereas on and previous to my marriage with my first Wife Mary Gilkes now deceased the Daughter of Richard Gilkes late of Charlton in the County of Northampton Esquire deceased I did by Indentures of Lease and Release dated respectively the fifteenth and sixteenth days of June one thousand seven hundred and seventy eight the Release being made or expressed to be made between myself of the first part the said Mary my late Wife of the second part the said Richard Gilkes her father and my late Brother James Wastie now deceased of the third part convey settle and assure divers Estates situate and being in Church Cowley Temple Cowley and Hockmore in the Parish of Iffley and elsewhere in the said County of Oxford in the said Indentures particularly described with their Appurtenances to the use of myself and my heirs until my said then intended marriage and after the solemnisation thereof to the use of myself for life with remainder to the use of the said Mary my then intended Wife for her life with remainder to the use of all and every or such one or more of the Children of the said Mary by me to be begotten and for such Estate and Estates and in such parts and proportions and with and under such restrictions and limitations and in such manner and form with or without power of revocation as I and the said Mary my then intended Wife should by Deed appoint and in default thereof then as the survivor of us should at any time or times during the life of such survivor by any Deed or Deeds in writing being by such survivor executed and attested as therein mentioned or by my or her last Will and Testament in writing or any writing purporting to be my or her last Will and Testament to be duly executed and attested in the presence of three or more credible Witnesses direct limit give or appoint and in default thereof to the use of all and every the Child and Children of my said then intended marriage equally as tenants in common in manner therein mentioned with the ultimate remainder to the use of my heirs and assigns for ever and by the same Indentures of Lease and Release I did convey settle and assure one moiety or half part of the ....... of the Manor of Church Cowley aforesaid and of the Manor House and of all the Demesne Lands thereunto belonging and certain Estates in Cowley aforesaid held by Lease from the Dean and Chapter of the Cathedral Church of Christ Oxford for the lives of myself and other persons therein named and in the same Indentures of Lease and Release particularly described with their Appurtenances to the same uses and with the like powers of appointment as the abovementioned and referred to freehold Estates and Hereditaments were thereby settled And Whereas I had Issue by my said first Wife two Children only namely Mary Gibbard Wastie now living and who hath attained her age of twenty one years and hath intermarried with and is now the Wife of John Ingram Lockhart Esquire of Tulney Park in the County of Berks now Member of Parliament for the City of Oxford and Caroline Matilda Wastie who died soon after her birth And whereas no joint appointment of any of the settled Estates was ever made by me and my said late Wife Now pursuant to and by virtue and in execution of the power for such purpose contained in the said Settlement I do hereby direct limit give and appoint all and singular the said Estates and Premises at Church Cowley and Temple Cowley and Hockmore and elsewhere in the said County of Oxford and the said moiety of the said Manor of Church Cowley and the said Manor house and demesne Lands thereof and the said leasehold premises comprised respectively in the said Settlement as aforesaid and the respective Appurtenances from my decease to my Daughter Mary Gibbard Lockhart as hereinafter mentioned (that is to say) the same leasehold Premises unto and to the use of my said Daughter her heirs and assigns for the lives for which the same are held as aforesaid or such of them as are now in being and all and singular other the said settled premises unto and to the use of my said Daughter her heirs and assigns for ever And whereas on and previous to my Marriage with my first Wife Mary by the Indentures of Lease and Release dated respectively the same fifteenth and sixteenth days of June one thousand seven hundred and seventy eight the Release being made or expressed to be made between Mary Gibbard of Charlton in the County of Northampton Widow of the first part my said late Wife Mary by her then description of the Niece and heir apparent of the said Mary Gibbard of the second part myself of the third part and the said Richard Gilkes and my said late Brother James Wastie of the fourth part the Manors or lordships of North Marston and Oving in the County of Bucks and also the Manor House thereto belonging and divers Closes Lands Tenements Hereditaments and Premises in North Marston and Oving aforesaid in the same Indentures of Lease and Release particularly described with their appurtenances were conveyed settled and assured to the use of the said Mary Gibbard and her heirs until my said then intended marriage and after the solemnization thereof to the use of myself for life with the remainder to the use of the said Mary my then intended Wife for her life with remainder to the use of all and every or such one or more of the and in such parts and proportions and under and subject to such restrictions and limitations and in such manner and form with or without power of revocation as I the said ffrancis Wastie and the said Mary should by Deed appoint and in default thereof then as the survivor of us should at any time or times during the life of such survivor by any Deed or Deeds in writing under my or her hand and Seal being by such Survivor executed and attested as therein mentioned or by my or her last Will and Testament in writing or any writing purporting to be my or her last Will and Testament to be by me or her duly executed and attested in the presence of three or more credible Witnesses direct limit give or appoint the same and in default thereof to the use of all and every the Child and Children of my said then intended marriage in manner therein mentioned with the ultimate remainder to the use of the said Mary Gibbard her heirs and assigns for ever And whereas some time previous to the marriage of my said Daughter Mary Gibbard Wastie with the said John Ingram Lockhart by virtue and in pursuance of the power vested in me by survivorship under my said second abovementioned Settlement I did by Deed by me duly executed and attested conformably to the said power of appointment direct limit and appoint all and every the said Manors and Estates at North Marston and Oving in the said County of Bucks therein particularly mentioned unto my said Daughter Mary Gibbard Lockhart then Mary Gibbard Wastie to hold to her my said Daughter Mary Gibbard Lockhart then Mary Gibbard Wastie her heirs and assigns for ever And whereas some time previous to the marriage of my said Daughter Mary Gibbard Wastie with the said John Ingram Lockhart I did by [half a line too faint to be legible] convey and assure the Estate at Luggershall in the County of Bucks which belonged to my said late Wife Mary and which I then held by the Curtesey of England unto my said Daughter Mary Gibbard Lockhart then Mary Gibbard Wastie to hold to her my said Daughter her heirs and assigns for ever Now I do hereby ratify and confirm the said Appointment and Conveyance so respectively made and executed by me in favour of my same Daughter as aforesaid and I give and devise all that my Cottage or Tenement late Hewes with four acres and a half of Land or thereabouts situate and being at Church Cowley aforesaid being Copyhold in the Manor of Church Cowley and the Appurtenances unto my said Daughter Mary Gibbard have therein at the time of my decease Also I give and bequeath unto my said Daughter Mary Gibbard Lockhart her Executors administrators and assigns all the Plate which her said Mother was possessed of at the time of our intermarriage and which I shall have at the time of my decease And whereas on and previous to my marriage with my present Wife Anne Wastie one of the Daughters of Timothy Earle of Moorhouse in the Parish of Rickmansworth in the County of Herts Esquire and Dorothy his Wife I did by Indentures of Lease and Release bearing date respectively the fifteenth and sixteenth days of ffebruary one thousand seven hundred and ninety one the Release made or expressed to be made between me the said ffrancis Wastie as therein described of the first part the said Anne my Wife then Anne Earle Spinster of the second part and George Elwes and Henry Earle therein respectively named of the third part convey settle and assure divers ffreehold Estates situate at Oving in the County of Bucks aforesaid which I purchased of William ffrancis Spicer Esquire and at Temple Cowley in the County of Oxford aforesaid to the use of me the said ffrancis Wastie and my heirs until my said then intended marriage and after the solemnization thereof to the use of me the said ffrancis Wastie for my life with remainder to the use of the said Anne Wastie my Wife for her life with remainder to the first or only Son of our marriage and the heirs of the body of such first Son with remainder to the second third and other Sons of the said marriage successively and the heirs of their respective bodies with remainder to all and every the Daughter and Daughters of the said marriage as tenants in common and the heirs of their respective bodies lawfully issuing with cross remainders between them in tail with the ultimate remainder to the right heirs of me the said ffrancis Wastie Now I do hereby ratify and confirm the said Settlement so by me made on my said present Wife and my Children by her. Also I give and bequeath unto my said Wife Anne Wastie all the Plate and Goods she was possessed of at the time of our intermarriage and which I shall have at the time of my decease and also my Carriage and pair of Horses and the furniture belonging thereto with my Stock of Wines Liquors and household unto my said Wife Anne Wastie the use wearing and enjoyment of all other my Plate and household ffurniture China linen and household Effects for and during her natural life or for so long as she shall think proper to use and enjoy the same and for the better preservation and care thereof my will is and I direct that as soon as conveniently may be after my decease a true and perfect Inventory thereof be taken and that my said Wife shall sign one part of such Inventory to be kept by my Executors hereinafter named but in case my said Wife shall not use the same Plate household furniture linen China and household shall think proper to take the same at an appraisement to be made thereof then my will is and I direct that the same shall be appraised to my said Wife or sold by my Executors hereinafter named and the net produce thereof laid out and invested in their names in some? or one of the public Stocks or ffunds or on Government or Real Securities of and in Great Britain and the interest thereof be paid to or received and taken by my said Wife Anne Wastie for her life for her own use and benefit and from and immediately after her decease my will is that the said Stocks funds or securities or the same Plate household furniture linen China and Effects which shall or may not have been sold worn out lost or destroyed by ffire or other inevitable accident shall sink into and constitute a part of the general residue of my personal Estate hereinafter by me disposed of Also I give the several legacies or sums of lawful money of Great Britain hereinafter expressed to the several persons hereinafter named to be vested Interests immediately upon my decease and to be paid within six months next afterwards but without interest (that is to say) To my said Wife Anne Wastie the sum of four hundred pounds to the said John Ingram Lockhart the sum of one hundred pounds to my friend Thomas Toovey of Nettlebed in the said County of Oxford Esquire one of my Trustees and Executors hereinafter named the sum of ffifty pounds for his trouble in the execution of the trusts and executorship of this my Will and to William Brown the Son of Mary Brown late of Little More Widow deceased the sum of forty pounds and to my Relation Mrs ffrances Wastie of Cowley aforesaid the sum of twenty pounds and I give to the said John Ingram Lockhart all such sums of money as he owes me for what I have paid or expended for or towards or on account of his election at Oxford and direct that he may stand released therefrom And I give to the said Mrs ffrances Wastie and her assigns one annuity or yearly rent charge of sixteen pounds of lawful money of Great Britain for and during the term of her natural life free from taxes and clear of all other deductions whatsoever (except the property tax or income tax) and direct that the same shall be paid by two equal half yearly payments (that is to say) on the twenty ninth day of September and the twenty fifth day of March in every year and that the first payment of the said annuity shall be made on such of the same days as shall first happen after my decease and I do hereby charge my three West Grounds at Barnard Gate situate at Ensham aforesaid and called Bernard Gate with the payment of the said annuity and in case the same shall at any time be in arrear for the space of thirty days next after the same shall become payable by virtue of this my Will I give to the said ffrances Wastie and her assigns all such powers of entry distress and sale on my said hereditaments so charged with the payment thereof for so much thereof as shall be in arrear from time to time as are by Law given to Landlords for the recovery of rents reserved for common Demises And whereas by the death of my said late Brother James Wastie which happened on the third day of January one thousand eight hundred and three I came into the possession of a considerable ffreehold Copyhold and Leasehold Estate at Ensham in the said County of Oxford and to a considerable Personal Estate under his Will or as his heir at law and Customary Heir subject to the payment of his just debts and funeral and testamentary Expences and since his decease I have found from his papers that John Cook of the City of Glouceater Wine Merchant being indebted to Joseph Pitt of Cirencester in the same County Banker and Attorney or some other person or persons in the sum of one thousand two hundred and sixty pounds or some other large sum of money my said Brother James Wastie was prevailed upon to join the said John Cook in a Bond dated on or about the eighth day of June one thousand eight hundred and two to the said Joseph Pitt for payment of the said debt and whereas I have paid off and satisfied all the said Principal sum of one thousand two hundred and sixty pounds so secured by the said Bond and the interest due upon the same excepting the sum of two hundred pounds or thereabouts which is still remaining due thereon Now I do hereby direct that the sum of one hundred pounds which my late Mother left to Hannah Cook the Wife of the said John Cook and the rents of the Estate which John King and Elizabeth Quarterman hold of the said John Cook and Hannah his Wife and which legacies and rents were respectively assigned or agreed and intended to be assigned to my said Brother James Wastie as an Indemnity on his paying the said Bond Debt to the said Joseph Pitt shall not be paid to them or either of them but retained and applied in or towards repaying to my Executors what I have or shall at my decease have paid on account of the same debt and in or towards discharging so much of the said debt as now remains or at my decease shall remain unpaid as aforesaid and the interest thereon and the costs incident thereto And whereas my said Brother James Wastie by his said Will gave to his Relations John Wastie and Ann now the Wife of Jonathan Arnott then Ann Wastie Sister of the said John Wastie a piece or parcel of ffreehold Land which was his the said James Wastie's Allotment in and out of a Parcel Ground taken out of Ensham Heath (part of which Ground he purchased of the Duke of Marlborough) containing forty one acres more or less then lately inclosed and also a house on hand and Close and the Appurtenances at Barnards Gate adjoining Ensham Heath aforesaid then in the occupation of John Enston and which House Close and Appurtenances were respectively purchased by the said Testator from the Executors of James Duberley subject to the life Interest of the said John Enston therein and also a piece or parcel of Land adjoining the premises of the said John Enston at Barnards Gate aforesaid containing three acres more or less and also a piece of Land on Ensham Heath which he the said James Wastie then lately purchased from Samuel Dring containing two acres or thereabouts all which several Lands House and Premises the said James Wastie thereby gave to the said John Wastie and Ann Arnott for the term of their natural lives or the longest liver of them share and share alike as therein mentioned And whereas such part of the piece or parcel of Land as was purchased of the Duke of Marlborough which contained twenty five acres or thereabouts was not conveyed to my said Brother until after the date and execution of his Will by reason whereof the same or a proportionable part of the said Allotment did on his death descend to me as his heir at Law And whereas other part of the said ffreehold Premises (being two Allotments of ffreehold Land adjoining the said House Cottage or Tenement at Barnards Gate aforesaid one of an acre the other of two acres was not conveyed to my said Brother till after the date and execution of his said Will and in like manner descended to me as his heir at Law And whereas the said House Cottage or Tenement at Barnards Gate aforesaid and other part of the Lands and Premises so devised as aforesaid are leasehold for nine hundred years or otherwise And whereas a part of the said Lands and Premises so thereby devised and mentioned to have been purchased of the said Samuel Dring is Copyhold in or of the Manor of Ensham and he the said James Wastie was never admitted Tenant thereto by reason whereof the same hath descended to me as his Customary Heir Now I do hereby give all such and so much and such parts and parcels of the said ffreehold and Copyhold Lands Tenements Hereditaments and Premises as so descended to me and also the said leasehold Lands and Tenements unto the said John Wastie and Ann Arnott for and during the term of their natural lives and the life of the longer liver of them in such manner as by as by my said Brothers said Will the same are given or expressed and intended to be given to them with such limitations over as therein and hereinafter are mentioned And whereas my said brother James Wastie by his said Will gave all and singular the lands tenements hereditaments and premises devised to the said John Wastie and Ann Arnott as aforesaid and the Appurtenances immediately after the death of the said John Wastie and Ann Arnott unto Hannah Cook his Sister (the Wife of the said John Cook) and her heirs and declared his Will to be that the rents thereof should be for her separate use as therein mentioned and that if his said Sister should die before she obtained possession of the said Estates the same should go to her Child or Children share and share alike Now I do hereby give and devise all and singular the said ffreehold and Copyhold Estates so devised or intended to be devised by my said Brother James Wastie to the said Hannah Cook in remainder as aforesaid and which have descended to me as aforesaid and the respective appurtenances unto and to the use of my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns for and during the natural life of the said Hannah Cook Upon trust that they my said Wife Ann Wastie the said John Ingram Lockhart and Thomas Toovey and the survivors and survivor of them and the heirs and assigns of such survivor shall and do receive and take the rents issues and profits thereof and of every part thereof as and when the same shall become due and payable and shall and do pay over such rents issues and profits and every part thereof into the proper hands of the said Hannah Cook to and for her own sole separate personal and peculiar use and benefit or to such person or persons and for such uses and purposes and in such manner and form as she the said Hannah Cook by any Note or Notes Writing or Writings to be by her signed with her own proper hand notwithstanding any Coverture but not by way of anticipation shall from time to time direct or appoint or otherwise do and shall permit and suffer or authorize and impower her the said Hannah Cook to receive and take such rents issues and profits for and during the term of her natural life and my will is and I declare that the said rents issues and profits or any part thereof shall not be subject to or liable to the power disposal or intermeddling controul engagements debts or incumbrances of the said John Cook her present or of any future husband with whom she may after his decease happen to intermarry and that the receipt or receipts of herself alone signed with her own proper hand or the receipt or receipts of her said Appointees shall notwithstanding her present or any future Coverture be a good and effectual discharge and good and effectual discharges for so much of the said Rents issues and Profits as in and by such receipt or receipts shall be acknowledged or expressed to be received and from and after the decease of the said Hannah Cook I give and devise the same freehold and copyhold Estates unto Mary Cook Sarah Cook and Elizabeth Cook the Daughters of the said Hannah Cook in equal shares as tenants in common and not as joint tenants and to their respective heirs and assigns for ever And I give and bequeath the said Leasehold Cottage Lands Tenements and Premises which by my said Brother's Will were devised to the said Hannah Cook as aforesaid and the appurtenances unto my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey their executors administrators and assigns upon the like trusts for the separate use of the said Hannah Cook during her life as hereinbefore are contained concerning the said ffreehold and Copyhold Premises and after her decease upon trust for such persons and for such interests as the same would go and be applicable according to my said Brothers Will And whereas my said Brother James Wastie by his said Will gave devised and bequeathed to the said Hannah Cook for her separate use two pieces of Land called the Mooms? Closes but if the said Hannah Cook should happen to die in his lifetime then my said Brother gave and devised the same to the heirs of her body lawfully begotten if more than one share and share alike Now as this disposition of the said two pieces of Land was to take effect only in case of the death of the said Hannah Cook happening in the lifetime of my said Brother and as she survived him I apprehend that the reversion in the said two pieces of Land subject to the life Estate of the said Hannah Cook then resulted to me on the death of my said Brother as his heir at Law and I do from and after the decease of the said Hannah Cook give and devise the said two pieces of Land called Mooms? Closes unto the said Mary Cook Sarah Cook and Elizabeth Cook in equal shares as tenants in common and not as joint tenants and to their respective heirs and assigns for ever And as to for and concerning all such part and parts of my said freehold hereditaments at Ensham aforesaid which descended me named named in his Will or his heir at law or Cuatomary Heir as in or are not hereinbefore disposed of I give and devise the same and every part thereof with their appurtenances unto and to the use of my said Wife and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns subject to the Mortgage Debt or sum of seven hundred pounds charged thereon (with other hereditaments) by my said Brother after the execution of his said Will and the interest of the same or a proportionable part thereof respectively upon trust as hereinafter is mentioned concerning the same (that is to say) upon trust that they my said Wife and the said John Ingram Lockhart and Thomas Toovey or the Survivors or survivor of them or the heirs executors administrators or assigns of such Survivor do and shall with all convenient speed after my decease fall and cut down or cause or procure to be fallen or cut down and absolutely sell and dispose of all the Timber and other Trees and Underwood which shall be growing or standing on or belonging to the same Premises or any part or parcel thereof and which the same Trustees or Trustee for the time being shall think proper to be felled or cut down for the best price or prices which can be had for the same and in such manner as they shall think best and if the money procured thereby shall not in their his or her opinion be sufficient for the purposes for which the same are hereinafter directed to be applied then do and shall absolutely sell and dispose of all such and so much and such parts and parcels thereof as are hereinafter for that purpose mentioned (that is to say) All that my four Ground or old Inclosed Tithe free Estate called Monkwoods with their appurtenances situate at Ensham now in the occupation of Mr Richard Brain and also the House Homestead Messuage or Tenement upon the same or any part thereof or belong'g thereto now occupied by Mr Richard Bowerman called late Quartermans and also if my said Wife and the said John Ingram Lockhart and Thomas Toovey or the survivors or survi vor of them or the heirs or assigns of such survivor shall find or judge that the freehold Lands and Hereditaments next hereinafter mentioned or the produce thereof shall be wanted or required for the payment of the sum charged on the same premises as aforesaid or of any of my debts or legacies all that Allotment Piece or Parcel of Meadow Ground or Land on Ensham Cowleys adjoining to the said Monkwoods Grounds called my Cowleys being a part of the Old Cow Common at Ensham aforesaid and all and every the respective Appurtenances either by public Sale or private Contract unto any person or persons who shall be willing to become the Purchaser or purchasers thereof or any part or parts thereof for the most monies and best price or prices that can or may at the time of such Sale or Sales [marginal insertion here] be reasonably had or gotton for the same & do & shall receive & take & stand & be possessed of & interested in the monies to arise & be produced from or by such sale or sales or from or by the rents Issues and Profits of the same hereditaments and premises from my decease until the same shall be sold upon the trusts and to and for the intents and purposes hereinafter mentioned expressed and declared of and concering the same (that is to say) upon trust thereout in the first place to pay and discharge the sum of four hundred pounds being a due proportion of the sum of seven hundred pounds secured in the same Premises with other hereditaments as aforesaid and the interest of the same sum of four hundred pounds and upon trust to pay and apply the residue of the same monies for such purposes and in such manner as hereinafter is directed concerning the monies to arise from the sale of my Estate at Luggershall and other Estates next hereinafter directed to be sold and as to for and concerning all that my Wood and Parcel of Woodland situate and being in Ensham aforesaid containing twenty two acres and a half or thereabouts with the appurtenances called Devalls Coppice or Wood which my said late Brother purchased of the Trustees of James Duberley Esquire and all the Timber and other Trees Wood and Underwood of the said Hereditaments and Premises at Ensham aforesaid last hereinbefore devised and which shall not be sold and disposed of in pursuance and execution of the trusts aforesaid the same shall be in trust as hereinafter is mentioned concerning the same (that is to say) as to one moiety or equal half part thereof the whole into two equal parts to be divided In trust for my said Wife Ann Wastie and her assigns for and during the term of her natural life and immediately from and after her decease upon and for the same trusts intents and purposes as are hereinafter contained concerning the other moiety of the same premises and I declare and direct as to the said other moiety of the same Premises the same shall from my decease be in trust for my said Daughter Mary Gibbard Lockhart and her assigns for and during the term of her natural life the same life interest of my said Daughter to be for her separate use in like manner as hereinafter is directed of and concerning the other Estates & Premises at Oving and elsewhere hereinafter given to or in trust for her separate use during her life as hereinafter mentioned and immediately from and after the decease of my said Daughter In trust for the said Ann Wastie during the joint natural lives of the of them his or her assigns during the residue of his or her life and immediately from and imme diately after the decease of the survivor of them trust to convey and assure the same to the uses and upon and for the trusts intents and purposes hereinafter expressed or contained concerning the said hereditaments and premises at Oving and Temple Cowley settled on my said present Wife and which are hereinafter devised and I give and devise unto and to the use of my said Wife Ann Wastie and the said John Ingram Lockart and Thomas Toovey their heirs executors admors and assigns respectively all my freehold Estate at Luggershall in the County of Bucks which I purchased of Joseph Bevenham late of Aylesbury in the said County Esquire which is now subject to a Mortgage of Seven thousand one hundred pounds fifteen shillings to the trustees of my abovementioned Settlement made on my marriage with my said present Wife being part of her fortune to hold the same unto the use of my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns respectively for ever upon the trusts and to and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same and as to for and concerning all that my Estate situate and being at Great Haseley in the said County of Oxford and which I hold of the Dean and Canons of Windsor and all such lifehold and leasehold Lands tenements and hereditaments in or within or holden of the same Manor and which have fallen into the same Manor and which I have or shall have become seized of or in any wise entitled to or by the determination of the Lease or Grants thereof or otherwise as Lord of the said Manor I give and devise the same respectively unto my said Wife and the said John Ingram Lockhart and Thomas Toovey their executors admors and assigns for all such Estate term and Interest as I shall have therein respectively at the time of my decease upon the trusts hereinafter contained concerning the same respectively and I hereby declare and direct that my said Wife and the said John Ingram Lockhart and Thomas Toovey their heirs executors admors and assigns respectively shall be seized possessed of and interested in my said ffreehold Estate and Premises at Luggershall and my said as hereinafter is mentioned concerning the same that is to say upon trust that they my said Wife and the said John Ingram Lockhart and Thomas Toovey or the survivors or survivor of them or the heirs executors admors and assigns of such survivor do and shall with all conve nient speed after my decease sell and dispose of my said aforesaid and the said lifehold and leasehold Estates and Premises at Great Haseley aforesaid which have fallen into the said Manor or which I have become intitled to as Lord of the said Manor or so much and such part or parts thereof as they my said Wife and the said John Ingram Lockhart and Thomas Toovey or the survivors or survivor of them or the executors admors or assigns of such survivor shall from time to time think proper and all and every the respective Appurtenances either by Public sale or private Contract unto any person or persons who shall be willing to become the purchaser or purchasers thereof or of any part or parts thereof for the most money and best price or prices that can or may at the time of such sale or sales be reasonably had or gotten for the same and do or shall make do and execute such Conveyances Grants Leases Assurances and Acts in the law as shall or may be requisite for effectually assuring the same respectively to the purchaser or purchasers respectively and do and shall receive and take and stand and be possessed of and interested in the monies to arise and be produced from or by such sale or sales and the rents issues and profits of the same Estates and Premises until such sale or sales upon the trusts and to and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same monies and I give and bequeath to my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey their executors administrators and assigns all rents and arrears of rent due and owing and accruing due to me at my decease dividends of Stock in the ffunds as well of such as is settled on my said Wife Ann Wastie as other my funded Stock household Goods Stock of Cattle Implements in husbandry Crops Goods Chattels and Effects at Cowley aforesaid and my plate linen and household Effects at Great Haseley aforesaid or the money arising by appraisement or sale thereof or the Stocks funds or securities in or upon [which] the same shall be placed out or invested subject to the interest of my said Wife therein as hereinbefore mentioned and also all my Stock funds ready money securities of every kind Goods Chattels and all the Rest and Residue of my Personal Estate and Effects whatsoever and wheresoever not herein by me otherwise disposed of upon trust with all convenient speed after my decease to collect and get in and receive sell and dispose of and convert the same into ready money and I direct that my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey their heirs executors admi nistrators and assigns shall stand and be possesed of and interested in all such monies as last mentioned and also of the monies which shall arise and be produced by and from the sale of my said freehold Estate at Luggershall and such of the said Estates and premises at Great Haseley as hereinbefore are directed to be sold and the rents issues and profits thereof respectively from my decease until the same shall be sold upon the trusts and to and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) upon trust in the first place to pay off satisfy and discharge the said sum of seven thousand one hundred pounds fifteen shillings so charged upon my freehold Estate at Luggershall aforesaid and now due and owing thereout to the said Trustees of my above mentioned Settlement made on my marriage with my said present Wife and in the next place pay and discharge my funeral and testamentary expences and all the expences of executing my decease (except the debt or sum of five thousand pounds charged upon my said Leasehold Estate at Great Haseley aforesaid and the interest thereof and which debt of five thousand and interest I intend shall be wholly paid out of my said Estate at Great Haseley aforesaid as hereinafter is mentioned and except the mortgage debt or sum of Seven hundred pounds owed upon the said Hereditaments and Premises at Ensham aforesaid late belonging to my said Brother James Wastie as aforesaid) and the several legacies and sums of money hereby by me given as aforesaid and do and shall stand and be possessed of and interested in the Residue of the said monies lastly hereinbefore mentioned upon the trusts and to and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say upon trust thereout to pay satisfy and discharge so much as should not be paid and discharged by the ways and means aforesaid of the said Mortgage debt or sum of Seven hundred pounds charged by said late Brother upon the said piece or parcel of ffreehold Land part of which my said late Brother purchased of the Duke of Marlbrough as aforesaid and all and every other sum and sums of money (if any) which may be charged upon the said Estate of my said Brother James Wastie situate at Ensham aforesaid and all the just debts of my same Brother James Wastie now remaining unpaid or so much thereof as the same will extend to pay off and discharge and in such order and course and priority as my said Wife and the said John Ingram Lockhart and Thomas Toovey or the Survivors or survivor of them or the executors administrators or assigns of such survivor shall think proper [ And I give and devise all the Estates situate at Oving in the said County of Bucks and at Temple Cowley aforesaid which are comprized in the said Settlement made on my marriage with my present Wife and my reversion or remainder in fee simple of and in the same subject to the Limitation in such Settlement contained prior to the Limitation to my own right heirs unto my said Wife and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns to the uses and upon the trusts and to and for the intents and purposes and under and subject to the provisoes declarations and directions hereinafter mentioned expressed and declared of and concerning the same that is to say to the use of my said Wife and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns for and during the natural life of my said Daughter Mary Gibbard Lockhart upon trust to support the renting out uses and estates hereinafter limited and by the usual ways and means to prevent the same from being defeated or destroyed and to receive and take the rents issues and profits of the same premises and of every part thereof as and when the same shall become due and payable and pay over such rents issues and profits and every part thereof into the proper hands of my said Daughter Mary Gibbard Lockhart to and for her sole separate personal and peculiar use and benefit or to such person or persons and for such uses and purposes and in such manner and form as she my said Daughter Mary Gibbard Lockhart by any Note or Notes Writing or Writings to be by her signed with her own proper hand notwithstanding any Coverture but not by way of anticipation shall from time to time direct or appoint or otherwise to permit and suffer or authorize and empower her my said Daughter Mary Gibbard Lockhart to receive and take such rents issues and profits for and during the term of her natural life and my Will is and I declare that the said Rents issues and profits or any part thereof shall not be subject to or liable to the power Ingram Lockhart her present or any future husband with whom she may after his decease happen to intermarry and that her receipt alone signed with her own proper hand or the receipt or receipts of her appointee or appointees as aforesaid notwithstanding her present or any future Coverture shall be a good and effectual discharge and good and effectual discharges for so much of the said Rents Issues and profits as in and by such receipt and receipts shall be acknowledged or expressed to be received and from and after the decease of my said Daughter Mary Gibbard Lockhart to the use of the second and every subsequently born Son of my said Daughter Mary Gibbard Lockhart severally successively and in remainder one after another as such Sons and every of them shall be in priority of birth and of the heirs of the several and respective bodies of all and every such Son and Sons lawfully issuing every elder of such Sons and the heirs of his body issuing being always preferred and to take before the younger of such Sons and the heirs of his and their body and respective bodies and such younger sons and the heirs of his always preferred and to take before the younger of such Sons and the heirs of his and their body and respective bodies and and such younger Son and the heirs of his every such elder Son and for default of such Issue to the use of the first or only Son of my said Daughter Mary Gibbard Lockhart and of the heirs of the body of such first or only Son and for default of such Issue to the use of all and every the Daughter and Daughters of my said Daughter Mary Gibbard Lockhart equally to be divided among them share and share alike as Tenants in common and not as joint Tenants and of the several and respective heirs of their several and respective Bodies lawfully issuing and in case there shall be a failure of Issue of any one or more of such Daughters then as well as to the original share or shares of as the share or shares surviving or accruing to such last mentioned Daughter or Daughters or her or their Issue to the use of all and every other the Daughter and Daughters of my said Daughter Mary Gibbard Lockhart equally to be divided between them if more than one share and share alike as tenants in common and not as joint tenants and the several and respective heirs of their bodies issuing and in case shall happen to die without Issue or if there shall be but one such Daughter then to the use of such surviving or only Daughter and the heirs of her body issuing and for default of such issue to the use of the said John Ingram Lockhart and his assigns for and during his life without impeachment of or for any manner of waste and from and after the determination of that Estate by forfeiture or otherwise in his lifetime to the use of my said Wife and the said Thomas Toovey and their heirs during the life of the said John Ingram Lockhart to preserve the contingent uses and estates hereinafter given or limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may be or require but nevertheless to permit and suffer the said John Ingram Lockhart and his assigns to have receive and take the rents issues and profits of the same premises to and for his and their own use during his life Lockhart to such uses upon such trusts and to and for such intents and purposes and under and subject to such powers provisoes and declarations as she my said Daughter Mary Gibbard Lockhart notwithstanding her coverture and whether she be sole or married by her last Will and Testament in writing or any writing in the nature of or purporting to be her last Will and Testament to be by her signed and published in the presence of and to be attested by three or more credible Witnesses shall direct or appoint and in default of and in the meantime and until some such direction or appointment shall be made and as to so much and such part and parts thereof whereof no such direction or appointment shall happen to be made and also subject to such direction or appointment where the same shall happen not to be a complete and entire appointment to the use of all and every the Child and Children of the said Hannah Cook who shall be then living in equal shares and proportions if more than one as tenants in common and not as joint tenants and the heirs of their respective bodies and if only one of them shall be then living [marginal insertion] to the use of her & the Heirs of her body & if more than one of them shall be then living then on the death and failure of Issue of any one or more of them as well the original share or shares of her or them so dying and of whom there shall be a failure of issue as aforesaid as also such share or shares as shall accrue to her or them or her or their Issue on the death and failure of Issue of any others or other of them shall go remain and be in like manner to the use of the survivors and survivor and others or other of them to take as tenants in common and not as joint tenants and of the heirs of the body and respective bodies of such survivors or survivor and others or other of them and in default of such issue to the use of such person or persons as at the time of the failure of all the said Limitations hereinbefore contained of the same Premises shall then be my heir or heirs at Law if the said Hannah Cook shall not be then living and of the heirs and assigns of such person or persons or if the said Hannah Cook shall be then living then to the use of such person or persons as would then be my heir heirs and assigns of such person and persons for ever ] And as to for and concerning my said Estate at Great Haseley aforesaid held under the said Lease from the Dean and Cannons of Windsor and hereinbefore devised to my said Wife and the said John Ingram Lockhart and Thomas Toovey their executors administrators and assigns as aforesaid I declare and direct that subject to the trusts and directions hereinbefore contained of and concerning the said Leasehold Premises held of and fallen into the said Manor as aforesaid my said Wife and the said John Ingram Lockhart and Thomas Toovey or the survivors or survivor of them or the Executors adm'ors or assigns of such survivor do and shall by with and out of the rents issues and annual profits of the said Premises comprised in the said Lease from the Dean and Cannons of Windsor aforesaid pay the rent and annual sums reserved in and by the Indenture of Lease and under which I now hold the same premises and the Land Tax charged upon the said premises and perform the Covenants in such Lease contained and set apart and accumulate annually from my decease during the continuance of the trusts hereby declared of the same Leasehold premises or for so long time thereof as the law will allow and for the purposes hereinafter mentioned the annual sum of two hundred pounds of lawful money of Great Britain And I direct that my said Wife and the said John Ingram Lockhart and Thomas Toovey and the survivors and survivor of them and the Executors adm'ors or assigns of such survivor do and shall from time to time as often as the case shall require renew the Lease of the same premises and for that purpose make such surrender of the subsisting Lease therein as shall be necessary and do and shall by with and out of the accumulations of the said annual sum of two hundred pounds hereinbefore directed to be accumulated or in case the same shall not be sufficient by and out of the rents and annual Profits of the same Leasehold Premises pay the several ffines fees and other necessary charges of such renewals and subject thereto upon and for the trusts intents and purposes hereinafter contained of and concerning the same (that is to say) Upon trust that they my said Wife and the said John Ingram Lockhart and Thomas Toovey their Executors Adm'ors and assigns do and shall by and out of the rents issues and annual Profits of the same Leasehold Premises pay and satisfy all such sum and sums of money as shall from time to time accrue and become due to the said George Elwes for or in respect of the Interest of the sum of five thousand pounds secured upon the same Leasehold Premises by way of Mortgage and subject thereto do and shall stand and be possessed of and interested in the same Leasehold Premises in trust for my said Wife Ann Wastie for and during so many years of the term or terms which shall be to come therein at my decease and of any renewed term or terms as she shall happen to live and from and immediately after the decease of my said Wife Ann Wastie do and shall stand and be possessed thereof during so many years of the term or terms which shall be to come in the same Leasehold Premises at my decease and of any renewed term or terms as my said Daughter Mary Gibbard Lockhart shall happen to live to pay over the rents Issues and annual profits thereof subject as aforesaid into the proper hands of my said Daughter Mary Gibbard Lockhart to and for her sole separate personal and peculiar use and benefit or to such persons or persons and for such uses and purposes and in such manner and form as she my said Daughter Mary Gibbard Lockhart shall appoint in the same manner and under the same declarations as hereinbefore contained concerning the rents and profits of the said Premises at Oving & Temple Cowley aforesaid limited in trust for her during her life as aforesaid and from and after the decease of my said Daughter Mary Gibbard Lockhart In trust for such Son of my said Daughter Mary Gibbard Lockhart as shall first attain the age of twenty one years and for the Executors Adm'ors or assigns of such Son and in case there shall be no such Son of my said Daughter Mary Gibbard Lockhart who shall live to attain the age of twenty one years then in trust for all and every the Daughters and Daughter of my said Daughter Mary Gibbard Lockhart in equal shares if more than one and in case any one or more of such Daughters shall die under the age of twenty one years then and in that case and thenceforth as well the original share as every other share of such of them so dying shall be in trust for the others or other of them in equal shares if more than one and in case there shall be no such Daughter or Daughters of my said Daughter Mary Gibbard Lockhart or being such they shall all die before any of them shall attain the age of twenty one years then I direct that my said Wife and the said John Ingram Lockhart and Thomas Toovey their Executors Administrators and assigns shall stand and be possessed of and interested in the said last mentioned Leasehold Premises subject as aforesaid In trust for the said John Ingram Lockhart and his assigns for and during so many years of the term or terms which shall be to come in the same Leasehold Premises at my decease and of any renewed term or terms as he may happen to live and from and after the decease of the said John Ingram Lockhart upon such trusts and to and for such intents and purposes and under and subject to such powers provisoes and declarations as my said Daughter Mary Gibbard Lockhart notwithstanding her coverture and whether sole or married by her last Will and Testament in writing or any writing in the nature of or purporting to be her last Will and Testament to be by her signed and published in the presence of and to be attested by three or more credible Witnesses shall direct or appoint and in default of and in the meantime and until some such direction or appointment shall be made and as to so much and such part and parts thereof whereof no such direction or appointment shall happen to be made and also subject to such direction or appointment where the same shall happen not to be a complete and entire appointment of the whole interest and property therein in trust for such person or persons of my blood and kindred (except the said Hannah Cook) living at the time of my decease as would by virtue of the Statute of distri butions have become entitled to my Personal Estate in case I had died without having been married and intestate and in the same shares as he she or they would in that case have become entitled to the same Provided nevertheless and my will is that it shall and may be lawful to and for the Trustees or Trustee for the time being of this my Will during the minority of the Children for the time being of my said Daughter Mary Gibbard Lockhart to pay apply and dispose of the rents issues interest dividends and annual Profits of the respective shares for the time being of such Children of and in my said several ffreehold Copyhold and Leasehold Estates hereinbefore devised to or in trust for them or so much thereof as such Trustees shall think necessary for the respective maintenance education or benefit of such Children in such manner as such Trustees or Trustee for the time being shall think proper and to lay out the residue of any of such Rents Issues interest dividends and annual profits in manner and for the purposes hereinafter mentioned provided always that in case the said sum of ffive thousand pounds so secured to the said George Elwes by mortgage of the said ____ leasehold Premises at Great Haseley aforesaid shall be called in by the said George Elwes or any future Mortgage or Mortgages then I do hereby authorize direct and empower my Trustees Executrix and Executors hereinafter named or the Survivor of them or the Executors or Administrators of such survivor by absolute sale of my said Leasehold Estate at Great Haseley aforesaid lastly hereinbefore devised or of a competent part thereof or by Mortgage thereof or of any part or parts thereof to raise so much money as shall and will be sufficient fully to pay satisfy and discharge all monies due and owing for Principal Interest or otherwise on the same security and pay and apply the monies so to be raised in and for answering the same purpose accordingly Provided always and my will and meaning is that the provision I have in and by this my Will for my said present Wife is made and shall be accepted and taken by her only? and in full recompence and satisfaction of and for her whole dower and thirds at the Common Law or by custom or otherwise out of all my Estates and of all her Claims and demands in upon and out of my Personal Estate except by and under her above mentioned marriage Settlement Provided always and my further will is and I do hereby direct that the aforesaid John Ingram Lockhart and Mary Gibbard Lockhart his wife and the second and other Son and Sons of the said Mary Gibbard Lockhart and they the said [half-line empty, marginally annotated "orig'l so"] severally and the respective heirs of the bodies of the said Mary Gibbard Lockhart's said second and other Son and Sons and of the said [half-line empty, marginally annotated "orig'l so"] do and shall when they shall severally by virtue of the Devises or Limitations hereinbefore contained be or become intitled in possession to the said several Hereditaments and Premises at Ensham Oving Temple Cowley and Great Haseley hereinbefore given or devised to and for the use of or in trust for the said Mary Gibbard Lockhart for her life with remainders over as aforesaid or expressed and intended so to be or any of them or to receive or take the rents and profits of them or any of them if such person or persons respectively shall then be of the age of twenty one years or if under that age then when he she or they respectively of twenty one years or if under that age then when he she or they respectively age of twenty one years use assume and take upon him her and themselves respectively the surname of Wastie and in and by the surname of Wastie and no other from thenceforth for ever thereafter continue? to name? stile? or write? himself herself and themselves respectively in all deeds instruments and writings and upon all occasions whatsoever and also use and bear the Arms of Wastie as the same are used and borne by me and likewise do and shall in the space of six calendar months next after he she and they shall respectively be or become intituled as aforesaid or attain his her or their several and respective ages of twenty one years whichever of the said events shall last happen use his her and their utmost Endeavours for procuring? and obtaining an Act of Parliament for continuing establishing and confirming? the said Surname and Arms of Wastie unto and upon him her and them respectively and the heirs of the body and bodies of such of them as are hereby made tenant or tenants in tail or expressed and intended so to be according to the true intent and meaning of this my Will provided also and my Will and mind nevertheless further is and I do hereby declare and direct that if the said John Ingram Lockhart and Mary Gibbard Lockhart his wife and the second and other Son and Sons of the said Mary Gibbard Lockhart and the respective heirs of the bodies of and other Son and Sons and the said [part of line empty] and the several and respective heirs of their respective bodies do not or shall not when and as soon as they shall respectively be or become so entitled as aforesaid or attain their several and respective ages of twenty one years whichever of the said events shall last happen use assume and take upon himself herself and themselves respectively the surname of Wastie only and use and bear the Arms of Wastie in manner aforesaid or do not or shall not within the said space of six months use his or their utmost endeavours for obtain ing such act of parliament as aforesaid but shall neglect or refuse so to do then and in any of the said Cases the Estates and Interests of such of them so neglecting or refusing and of his and their issue of and in all the same hereditaments and premises shall cease end and determine and all and every the same hereditaments and Premises shall from thenceforth remain be and go to such Person or Persons as by virtue of and according to the devises bequests and limitations hereinbefore contained shall be next in remainder in such and the same manner to all intents and purposes whatsoever as if the person so neglecting or refusing being tenant for life or tenants for life were actually dead or being tenant in tail or tenants in tail were dead without Issue of his her or their body or bodies respectively anything hereinbefore contained to the contrary thereof in any wise notwithstanding Provided always that if any second or other subsequent Son of my said Daughter Mary Gibbard Lockhart shall by virtue or under the limitations contained in the Settlement executed on her marriage with the said John Ingram Lockhart become intitled to the Estate comprized therein so as to be in the actual possession or in the actual receipt of the rents of the same according to the true intent and meaning of the said Settlement and any other younger Son of my said Daughter Mary Gibbard Lockhart shall be then living or afterwards come into existence or there shall be then living any heir of the body of any such other younger Son then and in that case and so often as the same shall happen the uses hereby limited in my said Estate of or at Ensham Oving Temple Cowley and Great Haseley to the son who or whose issue should so become entitled as aforesaid and to his Issue shall absolutely cease and the same premises shall go under the Devises Bequests and Limitations herein contained as if the person or persons who or whose Issue shall so become entitled were dead without any issue inheritable to the same Estates ] Provided also and I hereby declare that if at the end of six calendar months next after my decease the money which shall at that time have been raised and produced from such parts of my Real and Personal Estate as are by this my Will appropriated to the payment of my debts and funeral expences and the several legacies or sums of money hereinbefore directed to be paid thereout and to the payment of the debts of my said late Brother James Wastie shall in the judgment of my said Wife Ann Wastie the said John Ingram Lockhart and Thomas Toovey or the survivors Executors administrators or assigns of such survivor appear to be deficient for that purpose in that case I do hereby authorize and empower my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey and the survivors and survivor of them the executors administrators or assigns of such survivor by sale or mortgage of my said Estate and Premises at Oving aforesaid or any part or parts thereof either after the decease of my said Wife Ann Wastie or in her lifetime if she shall think proper to join in selling and conveying the beneficial Estate and Interest herein before given to her in the same Premises to raise and levy such sum or sums of money as shall be necessary for the supplying and making good such deficiency and to apply the money so to be raised for that purpose accordingly and for the better effectuating carrying into execution the trusts and purposes of this my Will I do hereby expressly declare and desire that upon any and every sale or sales mortgage or mortgages that shall or may be made by my said Trustees or the survivors or survivor of them his or her heirs executors administrators or assigns of any of my said hereinbefore mentioned or devised Estates in pursuance of the trusts or powers hereinbefore contained the receipt and receipts of them my said trustees and of the survivors and survivor of them and of the heirs executors administrators or assigns of such survivor so making such Sale or Sales Mortgage or Mortgages shall be a good and effectual discharge and discharges to any and every Person or Persons becoming the Purchaser or Purchasers Mortgagee or Mortgagees of the said Estate or Estates so sold or mortgaged and to his her and their heirs executors administrators and assigns for so much of the said purchase or mortgage money as in and by such receipt and receipts shall be acknowledged or expressed to be received and that such Purchaser and Purchasers Mortgagee and Mortgagees his her and their heirs executors administrators and assigns shall not afterwards be liable to see to the application of the said Purchase or Mortgage money or be answerable or accountable for the loss misapplication or nonapplication thereof or any part thereof nor be bound to enquire into the cause reason or occasion of or for such sale or sales Mortgage or Mortgages being made provided also and my will and meaning further is and I do hereby expressly declare that my said trustees and the survivors and survivor of them and the executors administrators or assigns of such survivor shall and do lay out and invest all such sum and sums of money as shall or may be raised for my Personal Estate or from such sale or sales mortgage or mortgages as aforesaid after the trusts and directions herein contained shall be fully executed and performed and subject thereto or from the rents and profits of my Real Estate subject to the trusts and directions aforesaid or the accumulations of my Real and Personal Estate in the purchase of Lands Tenements or Hereditaments of an Estate of Inheritance in the said County of Oxford and that such Lands Tenements and hereditaments so to be purchased shall be conveyed and settled to the use of such person and persons and for such Estates and subject to such trusts powers and provisoes as I have hereby given and devised my said freehold Estates situate at Oving and Temple Cowley aforesaid other than and except the powers and trusts raised and created for payment of my debts and legacies and the debts of my said late Brother James Wastie deceased Provided also and my will and mind further is that it shall and may [be] lawful to and for my said Wife Ann Wastie and my said Daughter Mary Gibbard Lockhart and my said Son in law John Ingram Lockhart and all and every other person or persons who for the time being shall be entitled in possession under this my Will to my said devised and bequeathed Estates or any part thereof or the rents issues and profits thereof or of any part thereof as and when they shall respectively be so entitled if such person or persons shall be of the full age of twenty one years and if such person or persons shall for the time being be under that age then for the said trustees or trustee for the time being of the same Premises by Indenture or Indentures under their his or her respective hands and seals or hand and seal to ____ and lease all and every or any of my said Estates hereby respectively devised and bequeathed to or in trust for them or any of them respectively or of any part or parts thereof respectively for any term or number of years not exceeding seven years in possession and not in reversion or by way of future interest and so as upon every such Lease there be reserved and made payable during the continuance thereof and to be incident to and go along with the reversion expectant thereon the best and most improved yearly rent and rents that can be reasonably had or gotten for the same without taking any fine pr____ or income in respect thereof and so as none of the Lessees to whom such Lease or Leases shall be made be by any Clause or Words therein contained freed from impeachment of or made dispunishable for waste and so as in every such Lease there be contained a Clause of Reentry in case the rent and rents thereupon to be reserved be behind or unpaid by the space of twenty one days and so as the Lessee or Lessees to whom such Lease or Leases shall be made ___ do seal and deliver a Counterpart or Counterparts thereof respectively And I declare and direct that it shall and may be lawful to and for my said Wife and the said John Ingram Lockhart and Thomas Toovey and the trustees to be appointed as hereinafter is mentioned or the major part of them for the time being from time to time to agree and compound with any person or persons who after my death shall be Debtors or Accountants to or shall appear or pretend to be Creditors or Demandants upon my Estate and Effects or upon my Executors or trustees in respect thereof in all cases where the same shall seem to them or the major part of them necessary and reasonable and to take such part as can be gotten in full discharge of all such debts and also to give such considerations as will be accepted in full discharge of all such demands as shall be thought most advantageous and beneficial for my Estate and the Persons interested in the same by virtue of this my Will And I further declare and direct that if any doubt or dispute shall arise concerning the amount or reality of any debt or demand which should be claimed upon my Estate or Effects or upon my trustees or executors or any of them in respect thereof in every such case it shall and may be lawful for them to admit and allow of all or any such Claims or Demands on such evidence as they may think reasonable And I do hereby give and devise all such Real Estates as are now vested in me by way of Mortgage unto my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey my Executrix and Executors hereinafter named their heirs and assigns for and during all such Estate and interest as I shall have therein at my decease the better to enable them my said Wife and the said John Ingram Lockhart and Thomas Toovey and the survivor of them and the executors or administrators of such survivor to get in and receive the principal and interest monies which may be due thereon And I do hereby also give and unto my said Wife and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns all such Real Estates as are now vested in me upon any trust or trusts to hold the same to my said Wife and the said John Ingram Lockhart and Thomas Toovey their heirs and assigns upon the trusts affecting the same Provided also and my will further is that in case my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey or any or either of them or their heirs executors or administrators or any succeeding or other trustee or trustees to be introduced into the trusts of this my Will by virtue of this power shall happen to die or be desirous to be discharged of and from or refuse or become incapable to act in the trusts hereinbefore expressed created and declared before the same trusts shall be fully performed or discharged then and in such case and so often as the same shall happen it shall and may be lawful to and for my said Wife during her life and after her decease to and for the surviving or continuing trustees or trustee for the time being or the executors or adminis trators of the surviving trustee by any Deed or Writing under her his or their hand and seal or hands and seals attested by two or more credible Witnesses to nominate substitute and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying desiring to be discharged or refusing or becoming incapable to act as aforesaid and when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid all the then trust Estate monies and premises the trustee or trustees whereof shall so die desire to be discharged or refuse or become incapable to act as aforesaid shall be thereupon with all convenient speed surveyed surrendered? assigned and transferred in such manner and so as that the same shall and may be and become legally and effectually vested in the then surviving or continuing trustees or trustee (if any) and in such new trustee or trustees or in such new trustees wholly as the case may be Upon the same trusts and for the same ends as are in and by this my Will expressed and declared of and concerning the same respectively or such of them as shall be then subsisting or capable of taking effect and that every such new trustee or trustees shall and may in all things act or assist in the management carrying on and execution of the trusts to which he or they shall be so appointed as fully and effectually to all intents effects constructions and purposes whatsoever and shall have and be considered as vested with such and the same powers and authorities as if he or they had been originally in and by this my Will nominated a Trustee or trustees for the purposes for which such new trustee or trustees respectively shall be appointed a Trustee or trustees anything herein contained to the contrary thereof in any wise notwithstanding Provided also and my will further is that the several Trustees and Executrix and Executors in and by this my Will nominated and appointed and the trustees hereafter to be nominated and appointed by virtue of the said last mentioned power and each and every of them their and each and every of their heirs executors administrators and assigns shall be charged and chargeable only for so much money as they and each and every of them shall respectively actually receive by virtue of or under this my Will and the trusts and executorship thereof and that any one or more of them shall not be answerable or accountable for the other or others of them nor for the acts receipts neglects or defaults of the others or other of them the joining in receipts merely for conformity notwithstanding but each of them for his and her own acts receipts neglects and defaults only nor shall they or either or any of them be answerable or accountable for any Collector or receiver of the rents and profits of the said Real Estates or for any Banker Broker or other person who shall receive any part of the said trust monies or with whom or in whose hands any part of the same still (sic) or may be deposited or lodged for safe custody or otherwise in the execution of any of the trusts before mentioned nor for any misfortune loss or damage which may happen in the execution of any of the aforesaid trusts or in relation thereto except the same shall happen by or through his her or their own wilful neglects or defaults and also that they the said several Executrix and Executors and each and every of them their and each and every of their heirs executors administrators and assigns shall and may by and out of the monies which shall come to their respective hands by virtue of this my Will and the trusts and executorship respectively and also allow to their his and her Co-trustee and Co-Trustees and Co-Executor or Co- Executors all loss costs damages and expences which he she or they or any of them shall or may respectively suffer sustain expend disburse be at or be put unto or which shall or may be to him her or them or any or either of them occasioned for or on account or by reason or means of the trusts and executorship hereby in them reposed or the management and execution thereof or otherwise howsoever relating thereto And I do hereby nominate constitute and appoint my said Wife Ann Wastie and the said John Ingram Lockhart and Thomas Toovey Executrix and Executors of this my Will And lastly hereby revoking all former and other Wills by me made I do declare this only to be my last Will and Testament In Witness whereof I the said ffrancis Wastie have to this my last Will and Testament contained in six skins set my hand and seal that is to say my hand to the first five skins and my hand and seal to the sixth and last Skin the twenty sixth day of May in the year of our Lord one thousand eight hundred and fourteen - Fra's Wastie O - Signed sealed published and declared by the said testator ffrancis Wastie as and for his last Will and Testament in the presence our names as witnesses thereto the interlineation between the eighteenth and nineteenth lines from the top of the third Skin and all other interlineations and erasures in the several Skins comprising this Will having been made before the executing and attesting the same - Christopher Jaques of Thame Ann Dorrington of Thame Chas Dorrington Atty Thame Oxon This is a Codicil to the last Will and Testament of me Francis Wastie of Great Hasley & of Cowley both in County of Oxford Esquire I do hereby give and bequeath to each of the Churchwardens & Overseers of the Parishes of Cowley Haseley & Ensham Oxon the sum of ten pounds to be laid out in Meat & given to the Poor inhabitants of each of the said parishes at my decease or within one month afterwards and to the Churchwardens of Cowley the sum of twenty pounds the interest to be given to four poor Widows there annually on the day of the month that I shall depart this life I give to the Governors of the Radcliffe Infirmary at Oxford the sum of thirty Guineas in aid of the sick & poor in the said Infirmary And I direct that this my Codicil in my own handwriting to stand as part of my last Will & Testament As witness my hand this fourth day of July 1814 - Fra's Wastie 17th August 1818 Appeared personally John Ingram Lockhart of Tubney Lodge near Abingdon in the County of Berks Esquire Mary Gibbard Lockhart his wife and ffrederick George Syms of Craven Street in the Strand in the County of Middlesex Gentleman and made oath as follows and first the said John Ingram Lockhart for himself made oath that he is one of the Executors named in the last Will and Testament with a Codicil of ffrancis Wastie late of Great Haseley and of Church Cowley in the County of Oxford formerly Major in the Militia Regiment and afterwards Lieutenant Colonel in the Eastern Regiment of Local Militia in the said County of Oxford Esquire deceased and that shortly after the death of the Deceased which happened in the month of October in the year 1816 he attended at his house situate at Great Haseley aforesaid and on his searching for the Will of the deceased found the same together with the Codicil deposited in an Iron Chest at his aforesaid Mansion at Great Haseley and on his reading and perusing the said Will observed three words at the end of the twenty third line six words struck through in the twenty struck through on the 26th line and an obliteration or erasure on the fifty fifth line respectively from the top of the third Skin an interlineation of thirty five words between the eighteenth and nineteenth lines an Obliteration or Erasure on the thirty fifth line and also obliterations or erasures on the sixty fourth sixty fifth and sixty sixth lines respectively from the top of the fourth skin together with several other trifling alterations and blanks left in the said Will in the very manner and form the same now appears therein and he further and lastly made oath that the said Will has not since that time to his knowledge or belief received any manner of alteration either by or otherwise but is now in the very same plight and condition as when found and perused by him after the death of the Deceased as aforesaid And the said Mary Gibbard Lockhart and ffrederick George Syms for themselves made oath that they knew and were intimately acquainted with the said Deceased and during such their intimacy have repeatedly seen him write and also write and subscribe his name and by that means have become well acquainted with his manner and character of handwriting and subscription and having now carefully viewed & perused the paper writing purporting to be & contain a Codicil to the last Will and Testament of the said Deceased both which are now hereto annexed the said Codicil beginning thus "This is a Codicil to the last Will & Testament of me ffrancis Wastie of Great Hasley and of Cowley both in the County of Oxford Esquire" ending thus "and I direct that this my Codicil in my own handwriting to stand as part of my last Will & Testament As witness my hand this fourth day of July 1814" thus subscribed "ffra's Wastie" together with four trifling interlineations therein are all of the proper handwriting and subscription of the aforesaid ffrancis Wastie Esquire deceased and of no other person whomsoever - John Ingram Lockhart - Mary Gibbard Lockhart - Fred'k Geo: Syms Same Day the said John Ingram Lockhart Mary Gibbard Lockhart and ffrederick George Syms were duly sworn to the truth of this Affid't in virtue of the Commission hereto annexed Before me James Hoskins M D of Appleton Berks Proved at London with a Cod'l 27th August 1818 before the Judge by the oath of John Ingram Lockhart Esq'r one of the Ex'ors to whom admon was granted hav'g been first sworn by Com'on duly to adm'r Anne Wastie Widow the Relict of the Dec'd and Thomas Toovey Esq'r the other Ex'ors and two of the Resid'l Legatees in trust having first renounced. [The following grant of Admon was written in very short lines in the margin of the last full page of the will] [One line (squeezed in afterwards) and a few odd words are illegible.] On the 11th August 1837 Administration (with the Will and Codicil annexed) of the Goods Chattels and Credits of Francis Wastie late of Great Haseley and of Church Cowley in the County of Oxford Lieutenant Colonel of the Eastern Regiment of Local Militia in the said County Esquire formerly Major in the Militia Regiment deceased left unadministered by John Wastie (formerly John Ingram Lockhart) Esquire deceased whilst living one of the Executors and one of the Residuary Legatees In Trust named in the said Will was granted to Mary Cook Spinster the Niece of the said Deceased and one of the Appointed names in a Will or Testamentary Appointment of the Real Estates of Mary Gibbard Lockhart (Wife of the said John Wastie heretofore John Ingram Lockhart) deceased whilst living the Daughter and the Devisee for life of the ___ ___ ___ ___ Real Estates with a Contingent Power of Appointment thereof under? the Will of the said Deceased and as such one of the Residuary Legatees substituted? in the Will of the said Francis Wastie deceased having been first sworn by Commission duly to administer Ann Wastie Widow the Relict and Thomas Toovey the other Executors and Residuary Legatees In Trust named in the said Will having formerly renounced the Pro___ and Execution thereof and also the Letters of Administration (with the said Will and Codicil annexed) of the ___ of the said Deceased. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||