This is the last Will and Testament of me William Payne of Little Linford in the County of Bucks Grazier made and published this seventh day of May in the year of our Lord one thousand eight hundred and thirty eight I give and devise All that my freehold messuage or tenement buildings farm lands grounds and premises situate at Padbury in the County of Bucks which were devised to me by the Will of my late uncle Mr George Nelson deceased and also those my two cottages or tenements situate at Upper Boddington in the County of Northampton and all other my messuages lands tenements and hereditaments whatsoever and where soever with the rights members and appurtenances there to respectively belonging unto my brothers George Payne John Payne and Jonas Payne their heirs and assigns upon trust as soon as conveniently may be after my decease to make sale and absolutely dispose thereof either altogether or in parcels and either by public auction or private sale and at such price or prices as my trustees or trustee for the time being shall think proper with the liberty to buy in all or any part there are of at any auction and to rescind or vary the terms of any contract for sale that may have been entered into and to sell and absolutely dispose of the premises so bought in or the contract for the sale of which shall have been rescinded in manner aforesaid without being answerable for any diminution in price or consequence thereof and to convey and assure or such part or parts of the said premises as from time to time shall be sold to the purchaser or respective purchasers thereof or as he or they shall direct And I declare that the receipt or receipts of my said trustees or trustee for the time being shall be a sufficient discharge to the purchaser or purchasers of the said premises or any part thereof for so much money for as shall therein be expressed to have been received and that such purchaser or purchasers shall not after payment to my said trustees or trustee be required to see to the application of such purchase money or accountable for the misapplication or nonapplication thereof And I direct my said trustees or trustee to stand possessed of the monies to arise from such sale or sales as aforesaid and the rents and profits of the said premises until the same shall be sold (after discharging all Expences attending such sale or sales and the repairs and insurance of the said premises) Upon the trusts herein after expressed and declared concerning the same I give and bequeath unto my Wife Charlotte Payne all my household goods and furniture plate linen china books wines liquors and housekeeping provisions for her own use and benefit And as to all and singular my life and dead farming stock growing crops and implements of husbandry monies and securities for money rights credits effects And Rest and Residue of my personal estate whatsoever I give and bequeath the same and every part thereof unto the said George Payne John Payne and Jonas Payne upon trust to sell or dispose of collect get in and convert into money so much and such part there of as shall not be of a pecuniary nature And I direct the trustees or trustee for the time being of this my Will to stand possessed of the clear monies arising from the sale of my real estate herein before devised and the rents and profits thereof and also the monies arising from my residuary personal estate upon trust in the inner testamentary expences and the Expences incidental to the trust of this my Will and upon further trust to lay out and invest the surplus of the same monies in the names or name of my said trustees or trustee in or upon the public stocks or funds or other Government securities of the United Kingdom or on mortgage or other real securities in England or Wales with power to vary and transpose the said stock funds and securities from time to time as occasion shall require or as shall be thought expedient And I direct my said trustees or trustee to appropriate and set apart so much of the said stocks funds and securities as shall at the time of such appropriation yields and produce the clear and are for annual sum of one hundred pounds and to pay to or otherwise empower my said Wife or her assigns to receive and take the interest dividends and annual produce of such appropriated f..id for and during such time and so long as she shall continue my Widow And I direct that until such appropriation as aforesaid shall be made the said annuity of one hundred pounds shall be paid out of my general residuary estate in equal half yearly portions the first half yearly payment thereof to be made at the end of six calendar months next after my decease And I declare that the provision hereby made for my said Wife shall be in clear and for satisfaction of all dower and thirds which she can shall or may or otherwise might claim or be entitled to have in from or out of any of the lands tenements or hereditaments of which I am or shall at any time hereafter by seized for any estate of inheritance and is that she my said Wife shall when of thereunto requested at the costs of the person requiring give the same release the same lands tenements and hereditaments from all right and title thereto And as to the residue of the said trust monies and the stocks funds or securities in or upon which the same shall be laid out and invested after the appropriation to answer the said annuity to my said Wife as aforesaid and also as to such appropriated funds after the decease or marriage of my said Wife I direct the trustees or trustee for the time being of this my Will to stand and be possessed and interested in the same In trust for all and every my child and children who being a son or sons shall attained the age of twenty one years or being a daughter or daughters shall attain that age or marry to be divided between and amongst such children in equal parts and shares and if there shall happen to be but one such child then the whole of the said residuary trust estate to be In trust for such only child Provided always and I hereby declare that in case at the time of my death or any of my children being a son or sons shall not have attained the age of twenty one years or being a daughter or daughters shall not have attained at that age or been married It shall be lawful for the trustees or trustee for the time being of this my Will to apply all or any part of the yearly dividends interest or annual produce of the presumptive or expectant share of each such child until the same shall become actually vested in or towards his or her maintenance and education or otherwise for his or her benefit and that so much if any of such dividends interest and annual produce as shall not be so applied as aforesaid shall be improved at interest and accumulated with power nevertheless to apply such accumulated funds or any part thereof in or for the maintenance and education of the child from the lose the presumptive or expectant share the same shall have arisen during his or her or minority or discoverture as the case may be And I further declare that it shall be lawful for the said trustees or trustee (with the consent of my said Wife during her a Widowhood to apply any part not exceeding five hundred pounds of the principal of the vested presumptive share of each of my said children in my said residuary estate in or towards his or her and advancement or preferment in the World or otherwise for his or her benefit in such manner as my said trustees or trustee shall think proper Provided always and I hereby declare and direct that notwithstanding anything herein before contained it shall be lawful for the trustees or trustee for the time being of this my Will is they or he shall think fit to continue the occupation of any Farm that may be in my occupation at the time of my decease and to carry on the business thereof and to cultivator and manage the same in such manner as their he or he shall think proper and with that view to delay the sale of my life and dead farming stock and implements of husbandry with power from time to time to lay out any of my monies or personal estate in the purchase of stock implements and other things necessary to carry on the same business and that their or his direction to sell the stock and produce of the said farm and to give credit to or allow time for payment in the same manner in all respects as if are acting in their or his own conscience with power to increase or diminish the capital employed in the said business and to employ such Bailiffs and other servants and Labourers as their he or he shall think necessary and that such wages other privileges and allowances and with such powers and authorities and confidence and trust to be reposed in them respectively as shall be deemed expedient and I empower my said trustees and trustee to make such arrangements with reference to the household expences in consequence of the business being carried on as aforesaid either by making an annual allowance out of my personal Estate or the profits of the said business or in such other manner as they or he shall think fit and when and so often as there shall be any surplus money in the hands of my said trustees or trustee arising from such profits as shall not be wanted to carry on the business of my said farm or for other the purposes aforesaid the same shall fall into and be deemed a part of the residue of my personal estate and be subject to the trusts and dispositions herein before declared of such residue Provided also and I hereby further declare that if the said trustees hereby appointed or any or either of them shall die in my lifetime or shall at my decease decline to accept or be incapable of accepting the trusts of this my Will or if the said trustees or any or either of them or any future trustee or trustees to be appointed as herein after mentioned shall at any time after my decease die or be desirous of being discharged from or decline or become incapable to act in the trusts hereby in them reposed Then and in every such case it shall be lawful for the surviving or continuing trustees or trustee or the executors or administrators of the last surviving or continuing or acting trustee by any writing or writings under their his or her hands and seals or hand and seal from time to time to nominate and appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing or declining or becoming incapable to act as aforesaid And I further declare that my said trustees respectively shall not be charged or chargeable with any further monies or effects than they respectively shall actually receive by virtue of the trusts of this my Will notwithstanding their writing or signing or joining in giving or signing any receipt letter of Attorney or other Instruments for the sale or conformity nor shall any one of them be answerable or accountable for the others or other of them or for the acts deeds receipts neglects or defaults of the others or other of them nor for any loss or damage which may happen to my trust estate in consequence of carrying on my farming business or in consequence of the failure or Insolvency of any person to whom credit shall have been given by them or any of them all which shall otherwise happen without their wilful neglect or default respectively and that it shall be lawful for them respectively from and out of the monies which shall come to their respective hands to retain to and reimburse themselves and each other all such costs charges damages and expences as they respectively shall incur sustain or be put into in or about the execution of the trusts of this my Will or any matter relating thereto And I empower my trustees or trustee for the time being to compound for and suspend the enforcement of any claims for demands vested in them or him and in their or his discretion to pay and satisfy any sum or sums of money claims to be due or owing to any person or persons from my estate although such claims or demands may not be supported by strict legal evidence I nominate and appoint the said George Payne John Payne and Jonas Payne to be Executors In trust of this my Will and I give and devise to the said George Payne John Payne and Jonas Payne and their heirs all the estates vested in me as Mortgagee or trustee To hold the same unto the use of the said George Payne John Payne and Jonas Payne their heirs and assigns for ever all for all my estate or interest therein subject nevertheless to the equities and trusts affecting the same respectively and which at any time of my decease shall be subsisting all capable of taking effect In Witness whereof I the said William Payne testator have to this last Will and Testament contained in six sheets of paper to the first five sheets thereof set my hand and to this sixth and last sheet my hand and seal the day and year before written William Payne Signed sealed published and declared by the within a named William Payne the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto Sarah Nelson Buckingham Richard Ratcliffe Wolverton Geo: Nelson Solicitor  Buckingham

This is a Codicil to the last will and testament of me William Payne of Little Linford in the County of Bucks Grazier which Will bears date the seventh day of May one thousand eight hundred and thirty eight Whereas I have by my said Will directed my trustees therein named to appropriate and set apart so much of the stocks funds and securities in my said Will mentioned as shall at the time of such appropriation yields and produce the clear and for annual sum of one hundred pounds and to pay or otherwise empower my Wife Charlotte Payne or her assigns to receive and take the interest dividends and annual produce thereof for and during such time at the and so long as she shall continue my Widow and by my said Will I have further directed that until such appropriation the said annuity of one hundred pounds shall be paid out of my general Residuary estate by equal half yearly portions the first half yearly payment thereof to be made at the end of six calendar months next after my decease Now I hereby revoke the said respective directions contained in my said Will and in lieu there are of I direct my said trustees to appropriate and set apart so much of the said stocks funds and securities as shall at the time of such appropriation yield and produce the clear and for annual sum of fifty pounds and to pay to or otherwise empower my said Wife or her assigns to receive and take the interest dividends and annual produce thereof for and during such time as she shall continue my Widow And that until such last mentioned appropriation the said annuity of fifty pounds shall be paid out of my general Residuary estate in the same manner and to commence at the same time as directed by my said Will with reference to the said annuity of one hundred pounds In all other respects I ratify and confirm my said Will In Witness whereof I have here unto set my hand the eighth day of March in the year of our Lord one thousand eight hundred and forty one William Payne Signed published and declared by the said William Payne as and for a Codicil to his last Will and Testament in the presence of us who in his presents and in the presence of each other have subscribed our names as witnesses thereto Geo: Nelson Solr. Buckingham Ewd: Bux Clerk to Messr. Hearn & Nelson

This is a Second Codicil to the Will of me William Payne of Little Linford in the County of Bucks Grazier which Will bears the date the seventh day of May one thousand eight hundred and thirty eight Whereas I have in and by this my said Will directed that the trustees or trustee for the time being of my said Will shall stand and be possessed of and interested in the residue of the monies held under the trusts of my said Will and the stocks funds or securities in or upon which the same shall be laid out and invested In trust for all and every my child and children who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry to be divided between and amongst such children in equal parts and shares and if there shall happen to be but one such child then the whole of my said residuary trust estate to be in trust for such only child And whereas I am desirous to increase of the provision made for my sons I therefore revoke the herein before recited direction and declaration of trust contained in my said Will And I do direct that the trustees or trustee for the time being of my said Will shall stand and be possessed of and interested in my said residuary trust estate and the stocks funds and securities wear on the same shall be invested upon trust for all and every my child and children who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry which shall first happen to be divided between and amongst them in such proportion that the share of each of my sons shall be to the share of each of my daughters as three to two But in the event of there being no son or known daughter who shall live to become entitled as aforesaid Then upon trust to divide the said trust monies stocks funds and securities between my said sons or daughters equally And in the event there being but one child who shall live to become entitled as aforesaid Then upon trust as to the whole thereof for such only child And I give and bequeath the same trust monies stocks funds or securities accordingly In all other respects I ratify and confirm my said Will In Witness whereof I have here unto set my hand the sixth day of May in the year of our Lord one thousand eight hundred and forty three William Payne Signed by the said William Payne and declare to be a Codicil to his Will in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto Richd Ratcliff Yeo: Nelson

Probate: 18 February 1850

Discoverture: discoverture (plural discovertures) (obsolete) discovery. (obsolete, law) A state of being released from coverture; freedom of a woman from the coverture of a husband.