TNA PROB 11/2202

Ann Nasbey 1854

This is the Last Will and Testament of me Ann Nasbey of Castlethorpe in the County of Buckingham Widow I direct that all my debts and funeral and testamentary expences shall be paid and satisfied I appoint William Grimes of Castlethorpe aforesaid ffarmer and William Boyes of Stony Stratford in the County of Buckingham Draper Executors of this my Will I devise all estates which shall at my decease be vested in me upon trust or byway of mortgage unto and to the use of the said William Grimes and William Boyes their heirs and assigns for ever upon and subject to the trusts and equity of redemption affecting the same respectively I bequeath the following legacies that is to say nineteen pounds nineteen shillings to each of them the said William Grimes and William Boyes as a Right Enumeration for the trouble they may have in the execution of the trusts of this my Will and fifty pounds to Elizabeth the widow of John Tooth who was a nephew of my late husband James Nasbey deceased which legacies respectively I direct shall be paid within six calendar months next after my decease I devise and bequeath all the real and Personal Estate illeg. and E… of or to which I shall die possessed or entitled and whether in possession reversion remainder or expectancy unto and to the use of the said William Grimes and William Boyes their heirs or executors administrators and assigns according to the nature and tenure thereof respectively upon the trusts and with the powers following that is to say upon trust so soon as conveniently may be after my decease to collect get in sell and dispose of all my said trust estates in such manner in and respects as the trustees or trustee for the time being of this my Will shall think proper with full powers to sell either by public auction or private contract and subject to such conditions as my said trustees or trustee shall think proper and generally to effect the sale conversion and getting in of my said trust estates upon such terms as my said trustees or trustee shall think most advantageous and I direct that my said trustees or trustee do and shall out of the monies to arise from the said conversion and getting in of my said trust estates pay my debts and funeral and testamentary expenses and the legacies hereinbefore bequeathed and do and shall stand possessed of the residue of such monies upon trust to divide the same into equal parts or shares and to pay one of such parts or shares to Thomas Nasbey of Banbury in the County of Oxford Gentleman nephew of my said late husband James Nasbey absolute by one other of such parts or shares to Elizabeth the wife of Charles Page of Banbury aforesaid Merchant niece of my said late husband absolutely one other pf such parts or shares to Susan Latimer of Northampton in the County of Northampton widow another niece of my said late husband absolutely one other of such parts or shares to William Goodman of Northampton aforesaid Boot and Shoe Manufacturer another nephew of my said late husband absolutely and one other such parts or shares unto Richard Goodman of Edg[rove] Road in the County of Middlesex Draper another nephew of my said late husband absolutely and as to one other of such parts or shares upon trust to invest the same on such security whether real or personal as my said trustees or trustee shall think proper and to pay the annual interest thereof unto Ann the wife of Philip Hardwick of Banbury aforesaid is another niece of my said late husband for her life for her separate and inalienable use and without power of anticipation and her receipts alone to be a sufficient discharge for such annual income and after her decease upon trust to such of the children of the said Ann Hardwick as shall be living at her decease and as to one other of such parts or shares upon trust to invest the same upon real or personal security and to pay the annual income thereof unto Catherine the wife of Arthur Osborne of Edgro[v]e Road aforesaid Assistant to a draper another niece of my said late husband for her life for her separate and inalienable use and without power of anticipation and her receipts alone to be a sufficient discharge for such annual income and after her decease upon trust to divide the capital of such last mentioned share unto and equally between such of the children of the said Catherine Osborne as shall be living at her decease and as to one other of such parts or shares upon trust to invest the same upon real or personal security and to pay the annual interest thereof unto Mary wife of Stephen Brown of Castlethorpe aforesaid Labourer another niece of my said late husband during her life for her separate and inalienable use and without power of anticipation and her receipts alone to be a sufficient discharge for such annual income and after her decease upon trust to such of the children of the said Mary Brown shall be living at her decease and as to the remaining ninth part or share upon trust to pay and appoint the same in such manner and to such person or persons either altogether or at any one or more time or times as Jane the wife of James Tooth of Stony Stratford aforesaid Butcher another nephew of my said last husband shall notwithstanding her coverture be a sufficient discharge to my said trustees or trustee and upon further trust if at the decease of the said Jane Tooth there shall remain any part of such last mentioned part or share unapplied or unappointed to pay the same unto the said James Tooth absolutely I direct that on the death refusal or incapacity to act of any trustee of this my Will the surviving or acting or retiring trustee or the legal personal representative of any deceased trustee may appoint a new trustee or new trustees as occasion may require to whom all requisite transfer and conveyances may be made and who may act as well before as after a.. al appointment I declare receipts of the trustees or trustee for the time being of this my Will shall be an effectual discharge to every person paying monies under this my Will or the trusts thereof and exempt every such person from all liability to see to the application thereof I authorise my said trustees or trustee to vary any investments from time to time as they or he may see occasion I expressly declare that every dealing transaction matter or thing made entered into or allowed by my said trustees or trustee in reference to or out of my said trust estates shall be binding upon all parties claiming to be interested under this my Will I also declare that the executors and trustees for the time being of this my Will shall be responsible only for the monies which they shall respectively actually receive and shall not be answerable for any loss or misfortune whatsoever unless the same shall happen through positive wilful default and that no trustee or executor shall be answerable for or for the acts or defaults of any cotrustee or executor I also expressly authorise every trustee and executor of this my Will to retain and allow any cotrustee and co-executor all costs charges and expenses whatsoever which he or they or any of them shall pay or incur or sustain or believe to pay by reason or was.n or in consequence of this my Will or the thereof or in any wise relation thereof I hereby revoke all former Wills by me made In testimony whereof I have hereunto set my hand this thirteenth day of December one thousand eight hundred and fifty three Ann Nasbey Signed and declared by the said testatrix Ann Nasbey as and for her last Will and Testament in the presence of us present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as Witnesses Mary Addison John Parrott

This is a Codicil to the last Will and Testament of me Ann Nasbey of Castlethorpe in the County of Buckingham Widow which bears date the 13th day of December 1853 I give and devise all that my messuage or tenement with the outbuildings yard garden orchards and appurtenances thereto belonging situate in Castlethorpe aforesaid now in my own occupation unto William Grimes and William Boyes in my said Will named and their heirs nevertheless to such uses for such estates and generally in such manner as Catherine the wife of Arthur Osborne in my said Will named being a niece of my late husband shall notwithstanding her coverture by and deed or deeds by her executed in the presence of and attested by two witnesses direct or appoint and in default of and until such direction or appointment and so far as any such direction or appointment shall not extend To the uses of the said Catherine Osborne and her assigns forever for her separate and inalienable use and I bequeath to y dear friend Mary Addison of Castlethorpe aforesaid the legacy or sum of nineteen pounds nineteen shillings to be paid to her out of my personal estate within six calendar months next after my decease and request her to accept the same as a Right token of my appreciation of her kindness and attention she has bestowed upon me during my long illness And I also bequeath to my old servant Ann Gostelow the sum of nineteen pounds nineteen shillings to be paid to her within six calendar months after my decease and have as hereby altered I ratify and confirm my said Will In testimony whereof I have hereunto set my hand this twenty fourth day of March one thousand eight hundred and fifty four Ann Nasbey Signed and declared by the said testatrix Ann Nasbey as and for a Codicil to her last Will and Testament in the presence of us present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as Witnesses Henry Harris John Parrott

This is a second Codicil to the Will of me Ann Nasbey of Castlethorpe in the County of Buckingham Widow which Will bears date the 13th day of December 1853 Whereas by my said Will my two trustees therein named are directed to stand possessed of one ninth part of the residue of the monies arising from my trust estates upon trust to invest the same and to pay the annual income thereof unto Ann the wife of Philip Hardwick in my said will named for her life for her own separate use and after her decease to divide the same between such of her children as should be living at her decease now I hereby revoke the direction in my said Will contained as to such ninth part and declare that my trustees shall stand possessed of the same ninth part upon trust to pay and apply as well the capital as the income of the unapplied part of such ninth part unto or for the benefit of the said Ann Hardwick in such manner as my trustees in their uncontrolled direction shall think proper but so that such application shall be for the separate use of the said Ann Hardwick and her receipt alone notwithstanding coverture shall be a discharge to my said trustees and I expressly declare that the said Philip Hardwick shall not be entitled to interfere with the same in any way whatsoever or have any claim thereto also declare that with respect to the one ninth part of the said monies directed to be set apart for Catherine the wife of Arthur Osborne in my said Will named my trustees shall have power and I expressly authorise them to apply the capital as well as the income of the last mentioned one ninth part unto and for the benefit of the said Catherine Osborne in such manner as my trustees shall in their uncontrolled discretion think proper and that the children of the said Catherine Osborne shall have no claim upon my trustees by reason of the whole of the capital of the same share being expended during the lifetime of the said Catherine Osborne I also declare that with regard to the one ninth part of the said monies directed to be invested for the benefit of Mary the wife of Stephen Brown and after her decease for her children my trustees shall have full power to apply the capital as well as the income of such last mentioned share for the benefit of the said Mary Brown for her children my trustees shall have full power to apply the capital as well as the income of such last mentioned share for the benefit of the said Mary Brown for her separate use in the same manner as hereinbefore mentioned with regard to the share set apart for the said Catherine Osborne and so that the children of the said Mary Brown shall have no claim by reason of the whole of the same share being expended during her lifetime and I declare that the receipt of the said Mary Brown alone shall notwithstanding her coverture be a illeg discharge to my trustees for all monies which shall be paid on account of the same share In testimony whereof I have here unto set my hand this first day of July 1854

Signed and declared by the said Ann Nasbey the testatrix as and for a second Codicil to her Will in the presence of us present at the same time who in her presence at her request and in the presence of each other have here unto subscribed our names as Witnesses
John Parrott
Rich.
illeg

Ann Nasbey written by her direction and in the presence of me John Parrott she having first made her mark

Proved at London illeg 13th Dec 1854 before the Judge by the oaths of William Grimes and William Boyes the Executors who illeg was granted having been first sworn by Council only to administer