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Will of Daniel Kemp of Potterspury, Victualler 1843
This is the last will and Testament of me Daniel Kemp of Potterspury in the County of Northampton, Victualler I will and desire that all my just debts and funeral and testamentary expenses shall be fully paid and satisfied and I nominate and appoint John Wise of Potterspury aforesaid Farmer and Maltster and Joseph Scrivener of the same place Baker Executors of this my last will. I give and devise unto the said John Wise and Joseph Scrivener All that my messuage or tenement with the orchard garden outbuildings and appurtenances thereto belonging situate and being in Potterspury aforesaid now in my own occupation And all other my real Estate whatsoever to hold the same unto the said John Wise and Joseph Scrivener and their heirs to such uses for such Estates infee or otherwise and generally in such manner as Martha the wife of Thomas Newman [now living with me]i shall notwithstanding her coverture and without the necessity of any concurrence by or on the part of her said husband by any Deed or Deeds by her only executed or by her last will and Testament duly executed [at any time or times]i direct or appoint And in default of and until such direction or appointment I do use of the said John Wise and Joseph Scrivener their heirs and Assigns nevertheless In trust for the said Martha Newman her heirs and assigns for ever to the intent and purpose that the same may be held and enjoyed by her and all parties claiming under her exclusively and independently of her said husband and that he may have no claim or interest in to or out of the said premises in sight of his said wife either in her lifetime or after her decease And I give and bequeath All my money book and other debts stock in [brase] brewing and other utensils household furniture and effects and all other my personal Estate Chatels and effects whatsoever unto the said John Wise and Joseph Scrivener absolutely Upon trust thereout to pay and discharge all my debts and funeral and testamentary expences and for that purpose to sell and dispose of such part of my said personal Estate and effects at such time or times and in such manner as they shall think proper and to stand possessed of and interested in the residue of the said last mentioned trust premises In trust for the said Martha Newman for her own sole separate and exclusive use and benefit to the intent that the same may be held and enjoyed by her independently of and not subject to the debts controul contracts or engagements of her said husband And I declare and direct that every deed act receipt transaction or dealing which shall be executed made given or entered into by her the said Martha Newman in any wise relating to the real or personal property hereby devised or bequeathed for her benefit or in which she becomes hereby interested shall be as valid and effectual to all intents and purposes whatsoever as if she were [afeme] sole and this without the assent or concurrence and notwithstanding the dissent of her said husband And I further declare that my said Executors respectively shall be chargeable only for the monies they shall respectively actually receive and that one of them shall not be answerable for or for the acts deeds receipts omissions or defaults of the other And also that it shall be lawful for my said executors to retain to and reimburse themselves and allow to each other respectively all costs charges and expenses which they or either of them shall sustain or incur in the execution of the aforesaid trust or any of them or in any wise relating thereto respectively In testimony whereof I the said Daniel Kemp the Testator have hereunto set my hand and seal this fifteenth day of January in the year of our Lord One thousand eight hundred and forty two.
Signed sealed published and declared by the said Daniel Kemp the Testator as and for his last will and Testament in the ….etc
Daniel K Kemp his mark
Richard Church Schoolmaster Potterspury
John Parrott Sol. Stony Stratford
Proved 19 September 1843
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