This is the last Will and Testament of me Arthur Capes Old Stratford in the county of Northampton Gentleman who being of sound and disposing mind memory and understanding do make and published the same in manner and form following that is to First I will and direct that all my debts funeral and testamentary expenses shall be fully paid and satisfied I give and bequeath unto my Dear wife Mary all my Household Goods and Furniture Plate Linen China Books Wines and Liquors which I shall be possessed of at the time of my decease absolutely for her own use and benefit Also I give and bequeath unto my said Wife the sum of one hundred pounds to be paid to her within six Calendar months after my decease I give and devise all my freehold Messuages Cottages Closes Lands Tenements and Hereditaments and Premises situate lying and being in the several Parishes of Old Stratford Potterspury Cosgrove Passenham and Furtho in the said County of Northampton and also and every other my Freehold Copy Hold and Leasehold Messuages Tenements Lands Hereditaments and Premises of which I shall had died seized or possessed wheresoever situate or over which I have any disposing power unto my said Wife Mary and her Assigns for and during the term of her natural life without impeachment of or for any manner of waste and from and immediately after the decease of my said Wife I give and devise all my said Freehold Copyhold and Leasehold Estate (save and except my Messuage Tenement or Dwelling house Pightle or piece of Land Hereditaments and Premises situate at Old Stratford aforesaid now in my own occupation) unto my Son Arthur Capes To hold to my said Son Arthur Capes his Heirs and Assigns for ever  And as to all my live and dead Stock Monies book debts Securities for Money Stock in the Public and other Funds and all other my Personal Estate and Effects not herein before disposed of I give and bequeath the same and every part there of unto my Kinsman William Gallard of Yardley Gobion in the County of Northampton Gentleman my said Son Arthur Capes my Son Joseph Capes and my Son in law Frances Smith To hold unto the said William Gallard Joseph Capes and Francis Smith and the Survivors and Survivor of them and the Executors and Administrators of such Survivor Upon nevertheless that they my said Trustees and the Survivors and Survivor of them and the Executors and Administrators of such Survivor do and shall as soon as conveniently may be after my decease sell dispose of and convert into money such part all parts of my said Personal Estate as shall not consist of money (except my Leasehold Estate) and also collect get in and receive all my debts and monies rested in the Funds or out on Security and stand and be possessed of the sum or sums to arise or be produced by or from the same Upon trust in the first place to pay unto my Daughter Maria Capes the sum of three hundred pounds which said sum I give and bequeath to her and direct the same to be paid within six Calendar months after my decease And in the next place I do and shall pay unto my said Kinsman William Gallard the sum of ten pounds which I request is acceptance of for the trouble he may have in the execution of this my Will And from and after full payment and satisfaction of the last mentioned Legacies Upon trust that they my said Trustees or the Survivors and Survivor of them and the Executors or Administrators of such Survivor do and shall place out or invest the residue of the said monies to arise or be produced by or from of my said Personal Estate as aforesaid upon Government or Real Securities at Interest in his or their name or names and two and shall alter change and vary the same as and when they or the Survivors and Survivor of them shall think fit and stand possessed of the interests in the Stocks Funds or Securities in or upon which the same shall be so placed out and invested Upon trust to pay and apply the Dividends Interest and Annual Proceeds thereof as and when the same shall become due and payable unto my said Wife Mary and her Assigns for and during the term of her natural life and from and immediately after her decease and Upon trust to raise and pay out of the said Stocks Funds and Securities the sum of three thousand four hundred and fifty pounds in the proportions following that is to say I direct my said Son Joseph Capes to retain to his own use and benefit the sum of one thousand one hundred and fifty pounds which I give and bequeath to him accordingly And I give and bequeath to my Daughter the said Maria Capes the sum of one thousand one hundred and fifty pounds and to my Daughter Kitty the Wife of the said Francis Smith the like sum of one thousand one hundred and fifty pounds And as to all that my aforesaid Messuage Tenement or Dwellinghouse  Pightle or piece of Land and Premises now in my own occupation situate in Old Stratford aforesaid and which I a short time since purchased of Mr James Tapp I give and devise the same and every part thereof from and immediately after the decease of my said Wife Mary unto my said Son Arthur Capes and my said Kinsman William Gallard their Heirs and Assigns To hold the same (subject and without prejudice is to my said Wife’s life Estate therein as aforesaid) unto the said Arthur Capes and William Gallard their Heirs and Assigns for ever But nevertheless Upon trust to permit and suffer my said Daughter Maria Capes to reside in and occupy the same Premises or otherwise to permit and suffer her and her Assigns to let and set the same and receive and take the rents issues and profits thereof for and during the term of her natural life if she my said Daughter shall no longer remain unmarried (she or they keeping the same in good and tenable condition and from and immediately after the death or marriage of my said Daughter Maria Upon trust that they the said Arthur Capes and William Gallard their Heirs or Assigns two and shall cause my said Messuage Tenement or Dwellinghouse  Pightle or piece of Land and Premises to be viewed and valued by any two indifferent persons competent for that purpose to be named by him or them and then upon trust to offer the said Premisses at such price as shall be so put thereon by the said persons so to be chosen and named to value the same as aforesaid first unto my said Son Arthur Capes and in case he shall refuse or decline to take the same at such price then to offer the same to my said Son Joseph Capes on the same terms and on his refusal next unto any person and my said Daughter Maria shall intermarry and on his declining the same unto the said Francis Smith in like manner so that each of my Children in such session may have the option of having the said Premises at a fair valuation and upon either of them agreeing to take the same Premises  on the terms aforesaid Upon trust that they the said Arthur Capes and William Gallard their Heirs and Assigns two and shall convey and assure my said Messuage Tenement or Dwellinghouse Pightle or piece of Land and Premises unto him or her becoming the purchaser thereof his or her Assigns for ever or otherwise as he or she shall direct or appoint And if in case all my said Children in such sessions shall refuse or decline to become the purchaser of the said Hereditaments and Premises in manner aforesaid Upon trust that they the said Arthur Capes and William Gallard their Heirs and Assigns do and shall absolutely sell and dispose of the same Premises either by Public Auction or Private Contract and for such price or prices as to him or them shall seem reasonable and convey and assure or the same to the purchaser or purchasers thereof And upon further trust that they the said Arthur Capes and William Gallard their Heirs or Assigns two and shall stand and be possessed of the monies to arise from such as last mentioned sale (after deducting all expences attendant thereon) and do and shall pay and divide the same as also the residue of my Personal Estate (if any) unto and equally amongst my said four Children Arthur Capes Joseph Capes Maria Capes and Kitty Smith and the Issue of such  of them as shall be dead (such Issue taking a Parents share only) And I hereby declare that the receipt or receipts of the said Arthur Capes and William Gallard their Heirs and Assigns shall be a good and sufficient discharge or discharges to any person or persons who shall become the purchaser or purchasers of my said last mentioned Hereditaments and Premises for the sum or sums of money for which the same or any part thereof shall be sold and that such purchaser or purchasers shall not afterwards be obliged to see to the application of such purchase money or purchase moneys or be in anywise answerable for the misapplication or nonapplication thereof And whereas I have advanced to several of my said Children various sums of money on Bond Note and other Securities a particular account whereof is set forth in a paper hereunto annexed signed by me Now I do hereby declare my mind and will to be that all such sum or sums of money which shall be so due or owing to me from my said several Children if shall be set of and deducted from their said respective Legacies hereinbefore by me given and bequeathed to them and after the decease of my said Wife the sum or sums then due from my said Children respectively with all Interest remaining unpaid shall be kept back and deducted from his her or their share or shares of the monies payable to him her or them under this my Will And I do hereby further will and declare that my said Trustees and Executors and Executrix hereinafter named or the Survivors or Survivor of them his her or their Heirs Executors or Administrators respectively shall not nor shall any or either of them be charged or chargeable with or accountable for any more of the said trust Estates Monies and Premises than they shall respectively actually receive all which shall come to their respective hands by virtue of this my Will nor with or for any loss which shall happen to the said trust Estate or any part thereof without such loss shall be occasioned by his or their wilful neglect or default nor shall they or either of them be it answerable or accountable the one for the other but each for his own acts defaults and receipts only And also that it shall and may be lawful for my said Executors and Executrix or either of them by and out of any monies that shall come to their or either of their hands under this my Will to deduct and reimburse himself and themselves all such loss costs charges and expences as they or either of them shall sustain expend or be put unto in or about the execution of the trusts of this my Will or in the management or execution thereof or in relation thereto And lastly I do hereby nominate constitute and appoint my said Wife Mary and the said William Gallard Arthur Capes Joseph Capes and Francis Smith Executrix and Executors of this my last Will and Testament hereby revoking and making void all former and other Wills by me heretofore made and declaring this only to be my last Will and Testament In Witness whereof I the said Testator Arthur Capes have to this my last Will and Testament contained in five sheets of paper subscribed and set my hand and seal to each sheet thereof this twenty sixth day of January in the year of our Lord one thousand eight hundred and thirty Arthur Capes Signed Sealed Published and Declared by the said Testator 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 here unto subscribed our names as Witnesses E. A. Worley Chas Austin John Leete his clerk

An Ano^t of Money lent & due from my Children as under

Old Stratford
March 4^th 1831 A^r Capes

Whereas I Arthur Capes of Old Stratford in the County of Northampton Gentleman have by my last Will and Testament in writing duly executed bearing date the twenty sixth day of January one thousand eight hundred and thirty given and devised all my Freehold Messuages Cottages Closes Lands Tenements Hereditaments and Premises situate and lying and being in the several parishes of Old Stratford Potterspury Cosgrove Passenham and Furtho in the said County of Northampton And also all and every other my Freehold Copyhold and Leasehold Messuages Tenements Lands Hereditaments and Premises of which I shall had died seized or possessed wheresoever situate or over which I have any disposing power to my dear Wife Mary Capes and her Assigns for and during the term of her natural life without impeachment of waste and from and immediately after the decease of my said Wife have given and devised my said Freehold Copyhold and Leasehold Estates (save and except my Messuage Tenement or Dwellinghouse Pightle or piece of Land Hereditaments and Premises situate at Old Stratford aforesaid now in my own occupation unto my Son Arthur Capes his Heirs and Assigns for ever Now I do hereby by this Codicil which I will and direct may be added to and taken as part of my last Will and Testament revoke the devised to my said Son Arthur Capes as far as relates to certain Cottages Gardens and a close of Spinney situate in Blackwell end in Potterspury aforesaid that is to say three Cottages and Gardens in the several occupations of James Woodward [left blank] Bates and the Widow Pavill and a Close or Spinney in the occupation of James Meakins and in lieu thereof and stead I give and devise the said three Cottages and Close or Spinney after the death of my said Wife Mary Capes unto my Son Joseph Capes To hold to him and my son Joseph Capes his Heirs and Assigns for ever And I hereby in all other respects ratify and confirm my said Will In Witness whereof I the said Arthur Capes have to this my Codicil set my hand and seal this eleventh day of September in the year of our Lord one thousand and eight hundred and thirty four Arthur Capes Signed Sealed Published and Declared by the said Arthur Capes the Testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have here unto subscribed our names as Witnesses Martha Timbs of Old Stratford Mary Archer Severnt to Mr Capes Edm^d Reeve Clerk to Mr E. A. Worley

In the Prerogative Court of Canterbury
In the Goods of Arthur Capes deceased

Appeared Personally Joseph Clare of the Parish of Stony Stratford Bucks Victualler and Cuttell Hudson of the same Parish and County Gentleman and made oath that they knew and were well acquainted with a Arthur Capes formerly of Shrobb Lodge in the County of Northampton Keeper but late of Old Stratford in the County of Northampton aforesaid gentleman deceased for several years before and down to the time of his death and were also well acquainted with his manner and character of handwriting and subscription having frequently seen him write and write and subscribe his name and that Deponent having now carefully perused and inspected the paper writings here two annexed purporting to be and contain the last Will and Testament with one Codicil their two of the said deceased the said Will being contained in two paper writings marked respectively with the letters A and B the said paper writing marked B beginning thus “An Ac^t of money lent and due from my Children as under” ending thus “N 23 1829 Sept^r 30^th he paid off in part of this note 100” and verse subscribed “A^r Capes Old Stratford March 4^th 1831” the deponent so lastly made Oath that they verily and in their consciences believe the whole body series and contents of the said paper writing marked B and the subscription “A^r Capes” there to set and subscribed to be all of the proper handwriting and subscribing of the said deceased Joseph Clare Cuttell Hudson The twenty fifth day of May 1835 and the said Joseph Clare and Cuttell Hudson and were duly sworn to the truth of this Affidavit by virtue of the annexed Commission Before me C Kipling Vicar of Stony Stratford

The Will as contained in paper writings marked A and B was Proved at London (with a Codicil) 3^d June 1835 before the Worshipful William and Calvary Curteis Doctor of Laws and Surrogate by the Oath of Joseph Capes the Son one of the Executors to whom administration was granted having been first Sworn duly to Administer Power reserved of making the like Grant to Mary Capes Widow the Relict William Gallard Arthur Capes the Son also and Francis Smith the other Executors

Probate: 12 January 1836