William Nichols 1849

This is the last Will and Testament of me William Nichols of Castlethorpe in the County of Buckingham Gentleman First I direct that all my just Debts Funeral and Testamentary Expences shall be paid as soon as conveniently may be after my deceased And I nominate and appoint Joseph Bull the Younger of Castlethorpe aforesaid Gentleman and my Friend James Barford of Hanslope in the County of Buckingham Executors of this my Will And I give and bequeath to the said James Barford in case he shall prove my Will for the trouble he may be put to as one of my Executors the sum of Fifty pounds sterling to be paid to or retained by him within twelve Calendar months next after my decease I give and bequeath all my Household Goods and Furniture and all other my personal Estate whatsoever and wheresoever (except Leasehold Estates if any) after the payment of my Debts, Funeral and Testamentary Expences and the Legacy hereinbefore bequeathed as aforesaid or which may be bequeathed by any Codicil to this my Will unto my Niece Jane the Wife of the said Joseph Bull the Younger for her absolute use and benefit And I devise all and every my Messuage Lands tenements and hereditaments situate and being at Hanslope aforesaid now in the tenure or occupation of Mrs. Elizabeth Shrieve And all other the Messuages Lands Tenements and hereditaments of or to which I shall die seised possessed or entitled whether the same be of Freehold Leasehold or Copyhold tenure unto the said Joseph Bull the Younger and James Barford their heirs executors administrators and assigns for ever according to the nature and tenure thereof respectively But nevertheless To the use of them the said Joseph Bull the Younger and James Barford their heirs executors and administrators and assigns during the life of my said Niece Jane Bull Upon trust for my said Niece for her sole and separate use and benefit independently of her said present or any future husband And for that purpose to permit and suffer her my said Niece to occupy manage and dispose of but not by way of anticipation the said hereditaments and premises hereinbefore devised or any of them and to receive and take the annual rents and profits thereof during her life in the same manner as if she my said Niece were a feine sole but so that she shall not either alone or in conjunction with her said husband Mortgage sell incumber or otherwise dispose of by way of anticipation the same hereditaments and premises or the rents and profits thereof or any part thereof respectively And I expressly declare that the receipt or receipts of my said Niece alone or of the person or persons to whom she shall after the rents and profits in respect of which any order shall be given shall have become due direct the same to be paid shall notwithstanding her Coverture effectually discharge the person or persons paying the same. And from and after her decease To the use of the second or such other subsequently born Son of my said Niece Jane Bull who shall first live to attain the age of twenty one years not then being or having previously become the Heir or apparent Heir at Law of my said Niece and the Heirs and assigns of such Second or other subsequently born Son for ever. And in case no Son of my said Niece Jane Bull shall become absolutely entitled to the hereditaments and premises hereinbefore devised under the limitation hereinbefore devised under the limitation hereinbefore contained Then I give and devise the same from and immediately after the decease of my said Niece Jane Bull or the decease of the Youngest Son, if any, of my said Niece becoming presumptively entitled under the said limitation which shall last happen To the use of the said Joseph Bull the Younger and James Barford their executors administrators and assigns for the term of Five hundred years. Upon the trusts and for the intents and purposes hereinafter expressed and declared of and concerning the same term And from and after the determination of the said term and in the meantime subject thereto and to the trusts thereof To the use of the eldest or only Son of my said Niece Jane Bull in case he shall have attained or shall attain the age of twenty one years and of the heirs and assigns of such eldest or only son But if there shall be no Son of my said Niece or there being such they shall all die under the age of Twenty one years Then To the use of all and every the Daughters and Daughter of the Body of my said Niece equally between them if more than one as Tenants in Common and of the several and respective heirs of the body and bodies of all and every such Daughters and Daughter lawfully issuing And if there shall be more than one such Daughter and there shall be a failure of Issue of any one or more of such Daughters Then as to as well 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 Daughters and Daughter of my said Niece equally between them if more than one as Tenants in Common and of the several and respective heirs of their Bodies and Body issuing And in case all such Daughters but one shall die without Issue or if there shall be but one such Daughter Then To the use of such one Daughter and the heirs of her body issuing And for default or on failure of such Issue Then To the use of the said Joseph Bull the Younger and his assigns for his life And from and after his decease To the use of William Nichols the Son of my Cousin Nathaniel Nichols of Wood Street Cheapside in the City of London Merchant and the heirs and assigns of the same William Nichols for ever Provided always and I do hereby direct that it shall be lawful for the said Joseph Bull and James Barford or the survivor of them or the executors or administrators of such survivor from time to time during the life of my said Niece with her consent in writing and after her decease from time to time or at any time during the minority of any person or persons who for the time being shall under or by virtue of the limitations or trusts herein contained be entitled to the possession or to the beneficial receipt of the rents and profits of the Hereditaments and premises hereby devised or any share or shares thereof to demise or lease all or any part or parts of the same hereditaments and premises with the appurtenances to any person or persons for any term or number of years not exceeding twenty one years in possession so that there be reserved and made payable in every such Lease during the continuance thereof the most improved yearly rent or rents to be incident to the immediate reversion or remainder of the premises so to be leased that can be reasonably obtained for the same without taking any Fine or premium for the making thereof. Provided also and I do hereby declare that it shall be lawful for the said Joseph Bull and James Barford or the survivor of them or the executors or administrators of such survivor during the minority of any son of my said Niece who shall for the time being be presumptively but not actually entitled in possession to the hereditaments and premises hereinbefore devised to receive and take and give good and sufficient receipts and discharges for the rents and profits of the said hereditaments and premises and to apply such rents and profits or any part or parts thereof for or towards the maintenance and education or otherwise for the advancement or benefit in the world of such Son in such manner as the said Joseph Bull and James Barford or the survivor of them his executors or administrators shall in their or his discretion think fit and that notwithstanding the said Joseph Bull may be living and of sufficient ability to maintain and support such Son without the aid of such rents and profits and so much of such rents and profits as shall not be so applied to invest and accumulate in the way of compound interest with full power to apply all or any part 11of such accumulations from time to time in the same manner as is hereinbefore authorised with respect to the said rents and profits and subject thereto to go with and be considered as part of the said Hereditaments And I do hereby declare that the said Hereditaments and premises are so limited to the said Joseph Bull and James Barford their executors and administrators and assigns for the term of Five hundred years Upon trust that they the said Joseph Bull and James Barford or the survivor of them or the executors or administrators of such survivor shall and do forthwith after and in case the said hereditaments and premises hereinbefore devised shall have become absolutely vested in a Son of my said Niece Jane Bull under the limitation subsequent to the creation of the said term but not otherwise and also in case there shall then be living any Daughter or Daughters of my said Niece or any Issue of any Daughter by Mortgage Sale or other disposition of the said hereditaments and premises or any of them or any part or parts thereof for all or any part of the same term or by bring Actions against the Tenants or Occupiers of the same hereditaments and premises or any of them for the rents then in arrear or by such other ways or means as to such Trustees or Trustee for the time being shall seem meet levy and raise or borrow and take up at Interest the sum of Five hundred pounds sterling together with the costs charges and expences of raising the same and shall and do pay the same sum of Five hundred pounds unto and equally amongst all and every the Daughters and Daughter of my said Niece who shall have attained or shall thereafter live to attain the age of twenty one years and the Issue then living of any Daughter or Daughters who shall have previously died such Issue nevertheless if more than one to take equally between them or if only one to take the entirety of the share of their his or her deceased Mother by way of substitution and not of representation and if there shall be only one such Daughter or no such Daughter and the Issue of only one deceased Daughter such Daughter or Issue as the case may be to take the whole of the said sum of Five Hundred pounds directed to be raised as aforesaid. Provided always and I do hereby declare that the receipt or receipts of the said Joseph Bull and James Barford or the survivor of them his executors administrators or assigns for all monies payable to or receivable by them or him shall effectually discharge the person or persons paying the same from all responsibility in respect of and all necessity to see to the application thereof And I herby revoke all former Wills by me at anytime heretofore made In witness whereof I the said William Nichols the Testator have to the first four Sheets of this my last Will and Testament contained on five sheets of paper set my hand and to the fifth and last sheet thereof my hand and seal this twenty third day of October One thousand eight hundred and forty six. William Nichols L.S. Signed Sealed Published and Declared by the Testator William Nichols as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses (the alteration in the first and erasure in the third sheet opposite to which we have put our initials having been first made) John Parrott Solr. Stony Stratford. Wm. Henry Bell his Clerk

Proved the 25th day of May 1849 before The Reverend George Morley Clerk Surrogate by the Oaths of Joseph Bull and James Barford the joint Executors to whom Administration was committed they being first sworn duly to administer