William Greaves 1843

This is the last Will and Testament of me William Greaves of the Village of Haversham in the County of Buckingham Gentleman made this third day of December one thousand eight hundred and forty one I give all my Household Goods and furniture life and dead Farming Stock Growing Crops Implements of Husbandry and all other my Personal Estate and Effects of every description unto my Wife Charlotte Greaves absolutely subject to the payment by her of my just debts (except any annuity or annuities and any Sum or Sums of money and other charges which may at my decease be secured upon or payable out of my freehold Estate at Haversham aforesaid hereinafter devised) and my funeral and testamentary expenses and the two pecuniary legacies herein after given I give the sum of nineteen pounds nineteen shillings to my friend George Wilkinson of Wolverton in the said county of Buckingham Farmer and the like of Sum nineteen pounds nineteen shillings to my friend William Clarke of Cosgrove in the County of Northampton Farmer Provided they respectively shall accept the Office of Trustees and Executors of this my Will I give all my freehold Farm Lands Tenements Hereditaments and Premises situate at Haversham aforesaid and now in my own occupation with their appurtenances subject to such annuity or annuities and the Sum or Sums of money and other charges as may at my decease be secured on or payable out of the same or any part thereof and which are to be come by the same hereditaments and premises in exoneration sir of my Personal Estate unto and to the use of my said Wife if and the said George Wilkinson and William Clarke their heirs and Assigns for ever Upon the trusts following (that is to say) Upon trust that my said Wife and the said George Wilkinson and William Clarke their heirs or the Survivors or Survivor of them or the heirs of such survivor or the trustees or trustee for the time being of this my Will do and shall by mortgaging and charging the same hereditaments and premises or a competent part or parts thereof raise the sum of five hundred pounds within one year after my decease and do and shall pay the same sum unto my Wife’s Sister Arabella Hooper for her own use and benefit absolutely and subject to the raising and paying of such Sum do and shall by with and out of the yearly rents and profits of the same hereditaments and premises from time to time during the life of my Brother John Greaves raise one annuity or yearly Sum of fifty pounds and do and shall pay the same unto him there same to commence from the expiration of six Calendar months after my decease and to be raised and paid by equal quarterly payments the first of such payments to be made at the end of nine calendar months after my decease and subject to the raising and paying of the said Sum of five hundred pounds and such annuity two and shall with the in six Calendar months after the decease of my said Brother by Mortgaging or charging the said freehold hereditaments and premises or a competent part or parts thereof raise the Sum of two thousand one hundred pounds and two and shall pay the same sum unto such child or children of my said brother living at his decease and such issue then living and of any Child or Children of him then deceased as shall have attained or shall afterwards attain the age of twenty one years or shall have been or shall afterwards be married as tenants in common in the course of distribution according to the Stocks and not to the number of individual objects and so that the issue of the deceased child or children shall take by way of substitution the share or respective shares only which the Parent or respective Parents of such issue would if living have taken And subject to the trusts herein before declared Upon trust that the trustees or the trustee for the time being of this my Will do and shall permit my said Wife to hold and enjoy he the said Freehold hereditaments and premises and to w…..  The rents and profits thereof otherwise with the consent in writing of my said Wife do and shall let the same hereditaments and premises and pay the rents and profits thereof to her until my Nephew Henry Pike now residing with me shall attain the age of twenty one years or die under that age if she my said Wife should so long live she my said wife maintaining educating and bringing up him my said Nephew until he shall attain the age of twenty one years or die under that age or she shall die but I declare that the trustees or trustee for the time being of this my Will other than my said Wife shall not to be bound to see to such maintenance education and bringing up of my said Nephew And if my said Nephew shall attain the age of twenty one years then to and shall upon or immediately after his attaining such age stand seized of the said Freehold hereditaments and premises In trust for him my said Nephew his heirs and assigns for ever subject nevertheless to the then existing charges thereon or on any part thereof and to the trusts herein before declared or search of them as shall remain subsisting or unperformed And also subject in case my said Wife should be then living to the payment to her there forth during her life of one annuity or clear yearly Sum of one hundred and fifty pounds by equal and quarterly payments the first of such payments to be made at the end of three Calendar months after my said Nephew shall attain the age of twenty one years and which annuity shall be raised and paid by the Trustees or trustee for the time being of this my Will by with and out of the yearly rents and profits of the said Freehold hereditaments and premises for which purpose the legal fee thereof shall remain vested in such Trustees and Trustee during the life of my said Wife and I empower the said Trustees and Trustee after the decease of my said wife if that e….  should happen while my said Nephews shall be under the age of twenty one years to let the said Freehold hereditaments and Premises and to apply the whole or any part of the yearly rents and profits of the said freehold hereditaments and premises for or towards his maintenance and education or otherwise for his benefit the under applied part (if any) of such yearly rents and profits to be invested and accumulated for his benefit if he should attain the age of twenty one years but otherwise the same to go in the manner hereinafter directed concerning the monies to arise from the sale of the said Freehold hereditaments and premises it being nevertheless my intention that the whole or any part of such accumulations may be applied for the benefit of my said Nephew during his minority if the said Trustees or Trustees so think fit And I further empower the said Trustees or Trustee after the decease of my said Wife if that event should happen while my said Nephew shall be under the age of twenty one years or in her lifetime with her consent in writing during his minority by mortgaging or charging the said freehold hereditaments and premises or a competent part or parts thereof to raise and apply any sum not exceeding three hundred pounds for the purpose of placing my said Nephew in any profession or business or employment or otherwise for his advantagement  in the world as the said Trustees or Trustees shall think fit but if my said Nephew should die under the age of twenty one years then Upon trust that the said Trustees or Trustee two and shall upon or immediately after such his decease sell and absolutely dispose of the said Freehold hereditaments and Premises either together or in parcels and by public sale or private contract and in such manner in all respects as their he or he shall think fit and that free from the annuity of fifty pounds herein before provided for my said Brother during his life if he should be then living (which annuities shall in that event cease) and also free from the trust herein before declared for raising the Sum of two thousand one hundred pounds within six Calendar months after his decease (if that Sum should not have been already raised) And do and shall stand possessed of the monies arising from such sale (subject to and after payment of the said sum of Five hundred pounds herein before directed to be raised for and paid to the said Arabella Hooper if that Sum should not have been already raised ) Upon the trusts following (that is to say) As two and concerning one equal half part thereof In trust for my said Wife if she should be living when my said Nephew shall die under the age of twenty one years and as to and concerning the other equal half part thereof or if my said Wife should not be living when my said Nephew shall die under the age of twenty one years then as to and concerning the whole of the monies arising from such sale (subject as last aforesaid) In trust for my said Brother if he should be living when my said Nephew shall die under the age of twenty one years but if he my said Brother should be then dead In trust for such Child or Children of him my said Brother living at his decease and such issue then living of any Child or Children of him then deceased as shall have attained or shall afterwards attain the age of twenty one years or have been or shall afterwards be married as tenants in common in a course of distribution according to the Stocks and not to that number of individual objects and so that the issue of a deceased Child or Children shall take by way of substitution the share or respective shares only which the parent or respective parents of such issue would if living have taken Provided and I do hereby direct and declare that in case my said Brother shall die before my said Nephew shall attain the age of twenty one years and the said Sum of two thousand one hundred pounds shall have been raised for the benefit of the Children and other issue of my said Brother as aforesaid then in case my said Nephew shall afterwards die under the age of twenty one years and my said Wife shall be living at his decease the Children and other issue of my said Brother as aforesaid shall not be entitled to any portion of the said monies to arise from such sale as aforesaid without bringing the said Sum of two thousand one hundred pounds (if the same shall have been raised) into hotchpot and according for the same accordingly And I declare that it shall be lawful for the Trustees or Trustee for the time being of this my will to invest the presumptive share or shares of any minor or unmarried Child or Children or other issue of my said Brother in the aforesaid trust premises in any of the Public Stocks or funds or Government Securities of the United Kingdom or on Mortgage of Freehold or Copyhold Property in England or Wales and from time to time to change such Stocks funds or securities for other of a similar nature as often as the said trustees or had trustee shall think fit And I also and empower the said Trustees or Trustee to apply the whole or any part of the yearly income of such presumptive share or shares ( when in Possession) for or towards the maintenance and education and any part not exceeding one half of the principal of such presumptive share or shares (when in possession) for the principle of such presumptive share or shares (when in possession) for the benefit or advancement in the world of the person or respective persons presumptively entitled thereto And I declare that the provisions hereby made for my said Wife and for every other female shall be for their respective separate use independent of Coverture And I also declare the provisions hereby made for my said Wife shall be accepted by her in satisfaction of her claim to dower and freebench [Free Bench The widow’s right to a copyhold. It is not a dower gift, but a free right independent of the will of the husband]  out of my real estate of or two which I have been am or shall be seized or entitled Provided also and I declare that the receipts of the Trustees or Trustee for the time being of this my will shall effectually exonerate all Purchases mortgages and other persons paying money to such trustees or trustee or their his or her order from all liability in except of the application thereof and that’s no mortgagee shall be bound to or enquire as to the necessary for or the expediency of any mortgage which may be made by the said Trustees or Trustee under this my Will Provided always and I hereby direct and declare that in case my said Wife and the said George Wilkinson and William Clarke or either of them or any Trustee or Trustees to be appointed under this present provision shall die or become unable or unwilling to act in the aforesaid trusts before the same shall be fully performed then and in every such case it shall be lawful for the surviving or acting trustee or trustees for the time being of this my Will or if there be none and such for the unwilling trustee or trustees or in case all the Trustees shall have departed this life then and for the executor or Administrators of the last surviving trustee of the proper authority of the person or persons to whom this power is given to nominate any fit person or persons to supply the place or places of the Trustee or Trustees so dying or becoming a unable or unwilling to act as aforesaid And that immediately after every such nomination the said trust Estates and Premises shall be conveyed and transferred to and in such manner as that that the same may .oot in the surviving or continuing trustees or trustee and in such new trustees or trustee either jointly or solely as the case may require and such new trustees or trustee shall be entitled to exercise the same powers and authorities in relation to the said trusts as if he or they had been appointed a trustee or trustees by this my W And I declare that the Trustees or Trustee for the time being of this my Will shall be responsible only for his her or their own respective acts defaults and receipts and be exempt from liability for involuntary losses and be at liberty to deduct and to allow to each other all expenses in.went to the execution of the Trusts of this my Will And I appoint my said Wife and the said George Wilkinson and William  Executrix and executors of this my Will and I devise all the lands and hereditaments vested in me as trustee or mortgagee for an estate of Freehold unto and to the use of my said Wife and the said George Wilkinson and William Clarke their heirs and assigns upon and subject to the several trusts and equities affecting the same Lands and hereditaments respectively I revoke all Wills by me heretofore made and declared this present writing contained in six sheets of paper to be my last Will and Testament In Witness  whereof I have set my hand at the end of this and each of the preceding sheets of paper the day and year above written Wm Greaves as and for his last Will and Testament in the presence of us present at the same who in his presents and in the presence of each other have been subscribed our names as Witnesses hereto Thos Worley Joseph Kipling Solrs. Stony Stratford Bucks

Proved at London 12th June 1843 before the Judge by the oaths of Charlotte Greaves Widow the Relict and William Clarke two of the Executors to whom Administration was granted having been first sworn by Commission duly to administer George Wilkinson the other Executor having first renounced the Probate and execution of the said Will