This is the last Will and Testament of me Mary Capes Old Stratford in the County of Northampton Widow in first place I direct all my just debts funeral and testamentary expences be paid by my Executors hereinafter appointed as soon as conveniently may be after my decease I give and bequeath unto my daughter kitty the Wife of Francis Smith the sum of seventy pounds of lawful money of Great Britain for her sole and separate use independent of her husband and not to be subject to his debts control or engagements and her receipts alone to be a good and sufficient discharge to my Executors and in case she should happen to depart this life in my lifetime then I give and bequeath the said sum of seventy pounds to all her children if more than one to be equally divided between them share and share alike and if there should be but one child then to such only child I also give and bequeath unto my said daughter Kitty all my wearing apparel and the double chest of drawers in the spare bed room and one third part of my linen and as to all the rest residue and remainder of my estate and effects both real and personal and of what nature or kind soever the same may be whether in possession reversion or remainder expectancy I’d give devise and bequeath the same unto and to the use of my two sons Arthur Capes and Joseph Capes their heirs executors administrators and assigns absolutely for ever to be divided equally between them share and share alike and to take as tenants in common and not as joint tenants and I do hereby nominate constitute and appoint my said two sons Executors of my last will and testament hereby revoking all former and other wills by me at any time heretofore made In Witness whereof I the said Mary Capes the Testatrix have to this my last will and testament set and subscribed my name this ninth day of June in the year of our Lord one thousand eight hundred and forty three Mary Capes Signed Published and declared by the said Mary Capes the Testatrix as and for her last will and testament in the presence of both of us who in her presence at her request and in the presence of each other have subscribed our names as witnesses Maria Timbs George Dickins of Old Stratford

Probate: 22 January 1847