John Thomas 1857

This is the last Will and Testament of me John Thomas of Old Stratford in the County of Northampton Schoolmaster I will and devise that all my just debts funeral and testamentary expences shall be paid by my Executors herein after named as soon as conveniently may be after my decease I give and bequeath unto my dear Wife Emma Thomas two and for her own absolute use and disposal All such parts of my household goods and effects in and about my dwellinghouse at the time of my decease which she may have occasion for and chuse to select and keep for her own use All the rest and residue of my said household furniture goods and effects And also all the furniture and other effects used in the School room adjoining my present residence And also all and every my monies debts securities for money and other my personal Estate and Effects whatsoever and wheresoever I give and bequeath unto John Green of Amptill in the county of Bedford Straw Bonnet Manufacturer and Humphrey Carte of Newport Pagnell in the County of Buckingham Nap..  their heirs and administrators And assigns Upon trust to sell and dispose of such parts thereof as shall not consist of F money and to collect and get in all debts and moneys which may be due and owing to me at the time of my decease And after payment thereout of all my said debts funeral and testamentary expences Upon trust to place out and invest the debt balance or surplus thereof on real or government Securities in their own names or name and call in and replace out the same on other like security or securities as may be deemed advisable or as occasion may require And pay the interest dividends and proceeds thereof unto and for the use of my said Wife during the term of her natural life As she may direct And Upon further trust from and immediately after her decease to stand possessed of the said trust funds and the security or securities on which the same may be invested To and for the same uses intents and purposes And pay and apply the same in such and the like manner as the moneys to be produced by the sale of my real Estates are hereinafter disposed of I give and devise all the house land and premises in which I now reside situate in the Parish of Passenham in the County of Northampton and the several Cottages and premises thereto adjoining And all and singular other my real Estates whatsoever and wheresoever unto the said John Green and Humphrey Carte their heirs and assigns Upon trust to receive the rents and profits arising therefrom and after paying thereout such sums as may be necessary for ensuring the buildings against loss or damage by Fire and keeping the same in repair Upon further trust to pay the net surplus of such rents and profits unto my said Wife Emma Thomas for and during the term of her natural life for her own use and benefit And upon further trust immediately upon and after the decease of my said Wife to sell and dispose of my said real Estate either together or in lots by public auction or private contract as shall be deemed most advisable and advantageous and for the best price that can be obtained for the same and convey the same unto the purchaser or respective  purchasers thereof as he she or they may direct or appoint And in order to facilitate such sale or sales of my real and personal Estates I do hereby direct and declare that the receipt or receipts of my said trustees or of the survivor of them or the heirs executors or administrators of such survivor for the purchase money or any part there of shall be good and sufficient discharge for so much money as shall in such receipt or receipts be expressed to have been received And that the purchaser and the purchasers of my said real and personal Estates and of any part all parts thereof and all other persons paying to the said trustees or trustee for the time being of this my Will or any money belonging to or owing from the said several trusts Estates shall be exonerated from all responsibility in respect of the application of such money and every or any part thereof And five further will and direct that my said trustees or trustee for the time being shall be and out of the money arising from the sale of my said real Estates pay all costs charges and expences attending such sale or sales or illeg thereto And my Will further is that the monies which shall arise by or from such sale and until the same shall be sold shall be deemed to be part of my or sales as aforesaid And the clear yearly rents and profits of the said real Estate in the meantime and until the same shall be sold shall be deemed to be part of my personal Estate And I give and bequeath the same together with the surplus of monies arising from the sale of my said household goods and furniture and other my personal Estate herein before mentioned and directed to be sold and connected and gotten in as aforesaid after payment thereof my said debts funeral and testamentary expences and all other charges and expences occasioned by the execution of the trusts of this my Will unto and amongst my four children James Thomas George Thomas and William Thomas and Emma Thomas their several and respective executors administrators and assigns in equal shares and proportions And I further will and declare that the share and interest of my said daughter Emma Thomas shall become vested on her attaining the age of twenty one years or day of marriage which may first happen And  that in the event of her dying under the age of twenty one years without having been married per share shall accrue to the other or others of my said children who shall be living at the time of her decease in equal shares if more than one And if but one unto such surviving Child his executors administrators or assigns provided always and I do hereby declare it to be mine will and mind that if my said son James Thomas shall on the decease of my said Wife desirous of continuing and carrying on the School at the house and premises in which I now reside and shall give notice to my said trustees or trustee for the time being within three Calendar months after the decease of my said Wife of such his desire And of his wish to purchase the same house stands cottages and premises thereto adjoining And to pay the sum of One thousand and six hundred pounds as the consideration or purchasers money for the same That my said trustees or trustee for the time being shall sell the same Estates and premises unto my said son James Thomas for the said sum of one thousand six hundred pounds and convey the same to him his heirs or assigns or as he may direct And I will and declare that such sale shall be in all respects a good and effectual disposal of my said real Estate any thing hereinbefore contained to the contrary thereof notwithstanding And that the receipt of my said trustees or trustee for the said sum of one thousand and six hundred pounds shall be a good discharge for the same provided always and I further will and direct that if the said John Green and Humphrey Carte or either of them or any future trustees to be appointed as herein after mentioned shall die or be desirous of being discharged from the trusts hereby reposed in them respectively it shall be lawful for my said Wife and children or the survivors or survivor of them by writing under their or his or her hands and seal or hands and seal only attested to nominate substitute and appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or refusing to act And I further will and direct that when and as often as any such new trustees or trustee shall be nominated and appointed as aforesaid All the said trust Estates monies and securities shall be thereupon with all convenient speed conveyed assigned and transferred in such manner and so that the same shall and may be legally and effectually vested in the surviving or continuing trustees and such new trustee jointly or if there shall be no continuing trustee in such a new trustees ….lly to for and upon such and the same trusts and intents and purposes as are herein before declared or expressed of and concerning the said trust Estates securities monies and premises as aforesaid And that the new trustee or trustees shall and may in all things act and assist in the management and execution of the trust to which they or he shall be so appointed as fully and effectually as if they or he had been originally named in this my Will And it will and declare that the trustees and trustee for the time being of this my Will shall be charged and chargeable only with such moneys as they shall respectively actually receive by virtue of the trusts hereby reposed in them notwithstanding their or his failing in any respect or other act for the safe of conformity only and that they respectively shall not be answerable or accountable or any Banker Broker or other persons with and whom or in whose hands the said trust monies or any part there of shall be placed for safe custody or otherwise nor for the sufficiency and of any security upon which the same or any part hereof shall be invested nor for any loss and fortune or damage which may happen in the execution of the said trusts or any of them or in relation their and two unless the same shall happen by or through their or his own wilful neglects or default And also the..t .ot shall be lawful for the said trustees respectively by and out of the monies which shall come to their or his hands respectively to retain or allow to each other are all costs charges damages and Expences which they respectively shall sustain or expend in or about the execution of the said trusts or in relation thereto And hereby revoking all Willa and Testamentary disposition by me at any time heretofore made I declare this only to be my last Will and Testament And I appoint the said John Green and Humphrey Carte and for my said Wife Emma Thomas joint Executors and Executrix thereof In witness whereof I and have here unto set my hand and seal to wit my hand only to the four first sheets and my hand and seal to this fifth and last sheet thereof this ninth day of February in the year of our Lord one thousand eight hundred and fifty six John Thomas Signed sealed published and declared by the said Testator John Thomas as and for his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have subscribed our names as witnesses the words “Wife and “ between the second and third lines of the first sheet hereof having been first interlined Jno  Congreve Ewd J Harris

Probate: 30 September 1857