Will for Fisher Clarke 1797

NRO Northants Wills

Fisher Clarke 1797

In the Name of God Amen I Fisher Clarke of Yardley Gobion in the County of Northampton Yeoman do make and ordain my last Will and Testament in manner following (that is to say) Imprimis I Give and Devise unto John Roper of Potterspury in the County of Northampton Gentleman and John Tite of Hartwell Park in the Parish of Hartwell in the said County yeoman and the survivor of them and the Heirs and Assigns of such survivor All and singular my Messuages Lands Tenements and Hereditament with the Appurtenances thereof situate standing lying or being in the several Parishes or Liberties of Milton otherwise Middleton Malzor Road and Ashton in the said County of Northampton To the Uses Upon the Trusts and for the Intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) in the first place to pay unto my dear and loving Wife Mary and her Assigns during the term of her natural Life One Annuity or clear yearly sum of Twenty pounds by four equal quarterly payments out of such part of my said Estate as is situate at Road and Ashton aforesaid the first payment whereof I direct shall begin and be made in three Calendar Months next after my decease And in case such Annuity or any part thereof shall remain unpaid for the space of thirty days after the same shall become due and payable as aforesaid that it shall and may be lawful to and for my said Wife or her Assigns from time to time to enter upon all or any part of my said Estate situate at Road and Ashton aforesaid and distrein for such Arrears and the distress and distresses then and there found to lead drive take or carry away impound and sell for payment thereof with all Costs and Charges attending taking such Distress And from and after payment of such Annuity I direct my said Trustees or the survivor of them or the Heirs or Assigns of such Survivor during the minority of my Son William to pay and apply as well the surplus of the Rents and profits arising from my said Real Estate situate at Road and Ashton aforesaid as also of the Rents Issues and profits of my Milton Estate towards the support maintenance and Education of all my Children And upon my said Son William attaining the Age hereafter mentioned I Give and Devise my aforesaid Estates at Milton otherwise Middleton Malzor Road and Ashton aforesaid to him his Heirs and Assigns for ever Subject nevertheless to the payment of the said Annuity of Twenty pounds to my said Wife for her life as aforesaid and to such Mortgage Terms as they my said Trustees or the Survivor of them or the Executor or Administrators of such Survivor shall find necessary to create for raising by Mortgage the sum of Money mentioned in the following Proviso (that is to say) Provided always and my Will is that my said Trustees or the survivor of them or the Executors or Administrators of such Survivor shall and may by Mortgage or Mortgages of all or any part of my said Real Estate at Road Milton or Ashton aforesaid raise any sum or sums of Money they shall think proper not exceeding the sum of seven hundred pounds and out of the same pay all my just debts and the sum of two Hundred pounds apiece to each of my three Daughters Mary Beatrice and Sarah as they respectively attain their Ages of twenty one Years and the surplus of the Money so to be raised I direct shall be paid to my said son at his Age hereinafter mentioned And my Will is that if either of my said Daughters shall happen to die before her or their Age or Ages of twenty one Years without leaving lawful Issue then I give the Legacy of her or them so dying to be equally divided between her or their Surviving Brother and Sister item I give and bequeath unto my said Wife the Furniture of the Parlor and Bed Chamber over the same and the sum of fifteen Pounds Item I Give and Bequeath unto the said John Roper and John Tite and the Survivor of them and the Executors and Administrators of such Survivor All and singular my Household Goods Stock of Corn Cattle Ready Monies and Securities for Money and all the rest and residue of my Personal Estate of what nature or kind soever that I shall be possessed of invested in or intitled unto at the time of my decease Upon Trust that they or the Survivor of them or the Executors or Administrators of such Survivor shall and do as soon as conveniently may be after my decease cause a true and perfect Inventory and valuation of all such my Personal Estate to be made and taken And then that they stand possessed thereof during the Minority of my said Son as after mentioned and carry on and continue my Business and apply a sufficient part of the profits thereof for the benefit of my Wife and family during such Minority and upon Attaining his Age hereafter mentioned I direct my said Trustees or the survivor of them or the Executors or Administrators of such survivor to give my said son the full possession of all such personal Estate as they shall be possessed of under and by virtue of this my Will And I hereby constitute and appoint the said John Roper and John Tite Executors in Trust of this my Will hereby revoking all former and other Wills by me at any time heretofore made And my Will is that my said Trustees and Executors shall not be answerable the one for the other of them or for the Acts Deeds receipts or defaults of the other of them but each of them for his own Acts Deeds Receipts and defaults only And I do hereby direct that my said Trustees and Executors shall be allowed deduct and retain to themselves all such Costs Charges and Expences which they shall or may sustain or be put unto relative to the Execution of this my Will and the Trust hereby in them reposed And my Will further is that my said son shall not be considered as of full Age to any purpose of this my Will either in respect of my Real or Personal Estate until His Age of twenty four years unless my said Trustees shall in every respect be satisfied and find him capable not only of managing business but also sober and steady and capable of managing it to the best advantage in which case I declare him to be of Age at twenty one years In Witness whereof I have to this my last Will and Testament contained in this and the preceding Sheet of Paper set my Hand and Seal, to wit, my Hand to the preceding sheet and my Hand and Seal to this second or last sheet this twenty ninth day of March in the year of our Lord Christ one thousand seven hundred and ninety seven

Fisher Clark

Published and declared by the said Testator as and for his last Will and Testament in the presence of us who have hereunto at his request in his presence and in the presence of each other subscribed our Names as Witnesses

Joseph Gallard

Thomas Jones

Charles Markham

Probate: On the 27th June John Roper and John Tite the Executors named in the above Will were then Sworn faithfully to Perform the same and that the Goods Chattles and Credits do not amount in value to the Sum of One thousand pounds

Before me George Walker M D

Surrogate