John Roper 1838
This is the last Will and testament out of me John Roper of Grafton Regis in the County of Northampton Gentleman as follows that is to say I give and devise all that my messuage or tenement about thirty two acres of Land situate in Palgrave in the County of Suffolk with that and every of their appurtenances late in the occupation of Thomas Howe and now of Mrs Howe or her Assigns unto and to the use of my eldest son Samuel Roper his Heirs and assigns forever Also all that my Cottage or Tenement with the Appurtenances thereto belonging situate in Diss in the County of Norfolk I give and devise unto and to the use of my said son Samuel Roper to hold to him his Heirs and Assigns for ever All that my messuage now occupied as two tenements within eight acres of Land more or less situate in Wingfield in the County of Suffolk with that and every of their Appurtenances I give and devise unto my son in Law John Simpson to hold to him his heirs and Assigns forever All that my messuage or farm house yards gardens orchards buildings Closes Lands Heredits and premises with their and every of their appurtenances situate in Lillingston Dayrell in the County of Buckingham and now in the occupation of Thomas Liddington and Richard Liddington their under tenants or Assigns I give and devise unto and to the use of my dear wife Ann Roper and her Assigns to hold for and during the term of her natural life subject to the payment of principal and interest which at the time of my decease may have been by me in my lifetime charged thereon and with interest thereafter to become due thereon and from her decease I give and devise the same unto my friend John Elliott of Greens Norton in the County of Northampton Gentleman To hold to them their Heirs and assigns forever Upon Trust nevertheless and to the intent and purpose that they my said Executors their heirs and Assigns do and shall immediately after the decease of my said wife incase my said son William Roper shall refuse to purchase the said Estate at a fair valuation whom it is my wish shall have the first refuse by private Contract sell and dispose of the said Estate situate at Lillingston Dayrell aforesaid either together or in parcels and by public Auction or private Contract for the most money and best price or prices that can or may be had or gotten for the same And my mind and will is and I do hereby declare that all and every Grant and Grants conveyance and Conveyances surrender and surrenders of my said estate or any part or parts thereof to be made and executed by my said Trustees their heirs or Assigns in pursuance of this my Will to any person or persons whomever who may and shall become a purchaser or purchasers thereof or any part thereof shall be and come To and the use and behoof of such purchaser or purchasers respectively and his her or their respective heirs and Assigns or to or for such other use or uses intent and purposes as shall be mentioned in expressed and declared in such Grant or Grants Contract or Contracts surrender or surrenders respectively and to and for no other intent or purposes whatsoever And my mind and Will further is that the receipt or receipts of my said Trustees their Heirs or Assigns for the consideration or purchase money to be expressed and mentioned in every such grant or Grants conveyance or conveyances surrender or surrenders of my said Estate situate at Lillingston Dayrell aforesaid or for any part pr parts thereof shall be a sufficient discharge in the Law to the respective purchaser or purchasers or person or persons respectively who shall pay the same and that after such money shall be paid and receipt or receipts taken for the same aforesaid such purchaser or purchasers or person or persons respectively paying the same shall not be obliged to see the application nor be answerable or answerable for the misapplication or nonapplication thereof to and for the uses intent and purposes hereinafter mentioned upon further trust that they my said Trustee their Heir Executors Administrators or assigns do and shall by and out of the money which shall come to their hands by virtue of this my Will in the first place pay and discharge the costs and expences of the said sale or sales and of making out the Title or Titles to the same and all other there Costs and expenditure in carrying unto execution the Trust hereby in them reposed and in the next place to pay off all principal and interest that may there remain charges on the said Trust Estates and after payment thereof upon Trust to pay one sixth part or share of the residue of the said Trust monies unto my son Samuel Roper one other sixth part or share unto my son William Roper one other sixth part thereof unto my son Benedict Roper one other sixth part thereof unto my son John Clarke Roper one other sixth part thereof unto my daughter ffrances Simpson to whom I give and bequeath the same accordingly and as to the remaining sixth part thereof I direct my said Trustees to pay the same unto my said sons Samuel Roper and William Roper Upon Trust to pay the same out upon Govermental or other good and approved security or securities during the life of my daughter Mary Ann Wood and pay and apply the interest dividends and yearly produce thereof as the same shall [from] time to time become due and be received by them unto such person or persons and in such parts and proportions in manner and form as my said daughter Mary Ann Wood shall from time to time during and not withstanding her present or any future coverture by any writing or writings under her own hand only direct or appoint to the intent that the same may not be at the disposal of or subject or liable to the control forfeiture debts or engagements of her present or any future husband but only at her own and separate disposal and in default of and until such direction or appointment and as often as no such shall be in force do and shall pay the same interest dividends and yearly produce into the proper hands of the said Mary Ann Wood or otherwise shall and so permit and suffer her to receive and take the same to and for her alone sole and separate use and benefit whose receipt alone under her hand alone I do hereby declare shall from time to time notwithstanding her present or any future coverture be a sufficient discharge to the person or persons who shall pay the same or so much thereof for which such receipt shall be given and from and after the decease of my said daughter Mary Ann Wood then I direct my said sons Samuel and William Roper their Executors Administrators or Assigns to pay and divide the principal of the said trust monies unto and equally amongst all and every the children of my said daughter Mary Ann Wood by her present husband as they shall respectively attain their respective ages of twenty one years share and share alike if more than but if only one then I direct the whole to be paid to such only child on his or her attaining the said age of twenty one years to whom I give and bequeath the same according provided nevertheless that incase my said daughter shall die during the minority of her said child or children then I direct my said sons Samuel and William Roper to apply the interest of the said trust monies in and towards the support and maintenance clothing and education of her said child or children during the respective minorities and until they shall be entitled to receive the principal all my Estate right Title and interest of in and to a certain House situate at Northampton called or known by the name or sign of the George Hotel now in the occupation of Mr John Knight Higgins his under tenants or Assigns together with all rights members privileges and Appurtenances thereunto belonging I give and devise unto my two sons Benedict Roper and John Clarke Roper their Executors Administrators and Assigns for ever to hold as Tenants in Common and not as joint tenants All that my messuage Cottage or tenement with the Appurtenances situate in Park Street in Towcester in the said County of Northampton now in the occupation of Mr Hawkins his under tenants or Assigns I give and devise unto and to the use of my said dear Wife Ann Roper and her Assigns for and during the term of her natural life and from and after her decease I give and devise the same unto and the use of my daughter Mary Ann Wood for her during the term of her natural life and from and after her decease then I give and devise the same unto and to the use of my said son Benedict Roper to hold to him his heirs and Assigns for ever I give and bequeath unto and to the use of my dear Wife such part of my Household ffurniture plate Linen and China as she shall require and think necessary to ffurnish a House of such size and description as she may judge reasonable for her own occupation All the Rest and Residue of my personal Estate not here before disposed of I give and bequeath unto my Executrix and executors hereafter named upon Trust to sell such part of the same as shall not be in money and out of the same to pay my just debts ffuneral and Testamentary expences and after payment thereof Upon Trust to retain and pay the residue thereof unto and amongst all and every my sons children in equal shares and proportions to whom I give and bequeath the same accordingly provided always and my Will and meaning is that incase any or other of my said children shall die in my lifetime or in the lifetime of my said wife that then and in such case the issue of him her or them so dying shall be entitled to take the share or respective shares which his her or their Parent or respective Parents would have been entitled to if living for the absolute use or benefit of such child children or issue respectively to hold him her or them his her and their respective Heirs Executors Administrators and Assigns forever as Tenants in Common and not as joint tenants And lastly I hereby appoint my said Wife and sons Samuel Roper and William Roper joint Executrix and Executors of this Will and hereby revoke all other Wills by me made and declare this alone to be my last Will and Testament In Witness whereof I have to the four first sheets of this my Will set my hand and to this fifth sheet my hand and seal the twenty first day of April in the year of our Lord one thousand eight hundred and thirty two John Roper Signed sealed published and declared by the Testator John Roper as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses Wm. G. Elliott Mary Hood John Winkles
Proved at London 30th. March 1838 before the Worshipful William Robinson Doctor of Law and Surrogate by the oaths of Samuel Roper and William Roper the sons two pf the Executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like Grant to Ann Roper widow the relict the sole Executor