Will for Henry Weston 1854

Henry Weston 1854

This is the last Will and Testament of me Henry Weston of Yardley Gobion in the County of Northampton ffarmer I direct that all my just debts and funeral and testamentary expenses shall be fully paid and satisfied I appoint my dear Wife Ann Maria and my Brother John Weston of Ashton in the said County of Northampton ffarmer and my friend William Wilkins Sanders of Yardley Gobion aforesaid Draper and Storer Executrix and Executors of this my Will I devise all Estates which shall at my decease be vested in me upon trust or by way of mortgage unto and to the use of my said Wife and the said John Weston and William Wilkins Sanders their heirs and assigns for ever upon and subject to the trusts and equity of redemption affecting the same respectively I give and bequeath all my household furniture plate linen china and other household effects unto my said Wife for her own absolute use and benefit And I direct that the determination of my Executors and Trustees as to what is compromises in this bequest shall be conclusive upon all parties claiming to be interested under this my Will I also bequeath to my said Wife the legacy of One hundred pounds to be paid or retained by her so soon as conveniently may be after my decease I bequeath unto the said John Weston and William Wilkins Sanders the legacy or sum of Nineteen pounds nineteen shillings each as a token of my sa.e of the trouble they may have in executing the trusts of this my Will I devise all and every the messuage lands tenements hereditaments and Real estate of or to which I shall die seized possessed or atitled whether in possession reversion ranainder? Or expectancy unto and to the use of my said Wife and the said John Weston and William Wilkins Sanders their heirs executors administrators and assigns according to the tenure thereof respectively Upon the trusts following that is to say Upon Trust at such time or times as my Trustees or Trustee for the time being shall in their his or her entire direction think proper absolutely to sell and dispose of the same either by public auction or private contract for the most money and best prices that can be reasonably obtained for the same and with liberty to buy in and resell the same at discretion and to convey the same when sold unto or by the direction of the purchaser thereof and to stand possessed of the monies arising from any such sale or sales upon the same trust as are hereinafter declared with regard to my Residuary Personal Estate and to pay and apply the rents and profits of my said Real Estate and sale in the same manner as is herein directed with regard to the income of my said Residuary Personal Estate And I give and bequeath all my monies securities for money farming stock both alive and dead monies becoming payable upon any policy of Assurance and all other my Personal Estate not hereinbefore specifically bequeathed unto my said Wife and the said John Weston and William Wilkins Sanders their executors administrators and assigns Upon Trust thereout in the first place to pay my debts and funeral and testamentary expenses and the pecuniary legacies herein before bequeathed and to con.i..e out at interest such part of my said Personal Estate as shall be invested on Securities of whatever description the same may be and to invest any part of my personal Estate as shall not be required for carrying on my farming business upon such securities as my said Trustees or Trustee shall approve and to permit and suffer my said Wife to carry on my said farming business and to receive and take the annual income of all unpaid Personal Estate and of the Securities whereon the same may be invested during her natural life but subject to the trust hereinafter contained for payment to my Children of the sums hereinafter mentioned on their respectively attaining the age of twenty one years / to the interest that she may thereby and therewith maintain herself and all my Children now born and hereafter to be born during their respective minorities And I also declare that the rents and profits of my said Real Estate until sale and annual income of the monies arising from sale thereof shall be it subject as aforesaid/ be received by my said Wife during her life for the purpose aforesaid And that for the purposes of transmission and enjoyment under the trusts of this my Will my said Real Estate shall be deemed Personal Estate and that my said Wife shall be atitled to the actual annual income of my property during her life subject as before said/ without reference to the nature of the investment or property yielding the same And upon further Trust when and as my Sons now born and hereafter to be born shall respectively attain the age of twenty one years to pay out of the capital of the said trust promises to each of them on his attaining the age of twenty one years the sum of Six hundred pounds and to pay out of the capital of the said trust promises to each of my daughters now born and hereafter to be born on her attaining the age of Twenty one years the sum of ffour hundred pounds such payments to be made notwithstanding my said Wife shall be still living but such sums respectively not to be deemed a vested interest in any Son or Daughter unless he or she live to attain the age of twenty one years And upon further Trust from and immediately after the decease of my said Wife to convert the whole of my said Trust estate or such parts thereof as shall be then remaining vested in my said Trustees or Trustee into money and to pay and divide the same and all my Residuary property whatsoever but subject to the appropriation of the sums hereinbefore mentioned unto and equally between such of my Child now born and hereafter to be born who shall have attained or shall live to attain the age of twenty one years share and share alike And upon further Trust if at the decease of my said Wife any Child of who shall be a minor to apply the whole or a competent part of the annual income of the presumptive share of such Child towards his or her maintenance and education during minority and any unapplied income in one year may be subsequently applied or accumulated in accumulation of the capital of such share And upon further Trust either in the lifetime or after the decease of my said Wife to advance any sum exceeding one fourth part of the presumptive share of any Child of me being a Minor towards putting him or her out as an apprentice or otherwise for his or her advancement during and not withstanding his or her minority And I expressly declare that my Executors and Trustees shall not nor shall any of them be in anywise answerable or accountable for any loss or o…..tion in value of my said Personal Estate by reason of my said Wife being allowed to carry on the said ffarming Business and shall be at full liberty to allow her to use part of the monies forming part of my said Personal Estate for carrying on the same business I declare that on the death retirement or refusal or incapacity to act of any Trustee or Trustees the surviving or acting Trustee or the legal personal representatives of the last surviving or acting Trustee may appoint a new Trustee or new Trustees as occasion may require to whom any requisite con….ances shall be made and who may act in the same manner as if named in this my Will and that as ro.ll before as after actual appointment I further declare that the receipts of any purchase or other person paying money under this my Will or the trusts thereof and exempt every such purchaser and other person from all liability to see the application of the money expressed in such receipts to be received And that such Trustees and Executors may submit matters to arbitration take securities or give time for payments of any debts accept a composition on or omit to sue for debts reasonably deemed doubtful bad or desperate pay claims on such proof or coldence? As they may reasonably deem sufficient or otherwise act as they may deem beneficial for my Estate monies coming to their hands upon such security as they may think proper notwithstanding the same may not be of such a nature as would be sanction by a Court of Equity and may vary any Securities vested in them for other of a like nature And I further declare that my Trustees and Executors for the time being shall only be answerable for their respective wilful defaults and that they may reimburse themselves and their cotrustees all costs and expenses incurred in or in relation to the trusts of this my Will And I expressly declare that every act transaction matter and thing which shall be done permitted or sanctioned by my Trustees and Executors shall although not strictly regular be binding and conclusive upon all parties claiming under this my Will if the same shall have been upon all parties claiming under this my Will if the same have been done by my Trustees and Executors in the expectation that the same would be beneficial to my Estate or to anyone or more of such parties And I hereby revoke all former Wills by me made In testimony whereof I have hereunto set my hand this fourth day of April One thousand eight hundred and fifty four Henry Weston Signed and declared by the said Testator Henry Weston 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 hereunto subscribe our names as witnesses the interlinations throughout opposite to which we have put our initials having been first made Charlotte Weston John Parrott

Proved at London 25th Sept 1854 before the Judge by the Oaths of Ann Maria Weston Widow the Relict of John Weston the Brother and William Wilkins Sanders the Executors to whom Admon was granted having been first sworn by Commission only to administer