Will for John Smith 1797

NRO Northants Wills

John Smith 1797

This is the last Will and Testament of me John Smith of Yardley Gobion in the County of Northampton Maltster made this nineteenth day of December in the Year of our Lord Christ One thousand seven hundred and ninety six in manner following That is to say I will and direct that All my just Debts be fully paid and satisfied I Give to my Dear Wife Susanna for her Use during her life so much and such part of my Household Goods and Furniture plate China and Linen As she shall make choice of I Give my best suit of Wearing Apparel including Stockings Shoes and best Buckles to my servant John Daux if he shall be in my service at the time of my Death Otherwise I give the same to my late Brother Thomas’s Children unto and amongst whom I give and direct all the remainder of my wearing Apparel to be equally divided I Give and bequeath to my ffriends John Pittam of Furtho in the said County of Northampton and Joseph Gallard of Yardley aforesaid gentlemen the sum of Ten pounds each for the trouble they may have in the Execution of this my Will And the Trust hereby in them reposed I Give and Devise to the said John Pittam and Joseph Gallard their Heirs and Assigns All my Messuages Closes Lands and Real Estate whatsoever situate at Deanshanger and Cosgrove in the said County of Northampton or elsewhere within the Kingdom of Great Britain Upon trust That they the said John Pittam and Joseph Gallard and the Survivor of them And the Heirs and Assigns of such survivor do and shall as soon as conveniently may be after my Decease sell and dispose of the same Real Estate by public Auction for the most Money and best price that can be reasonably had for the same I also Give and bequeath to the said John Pittam and Joseph Gallard All my Household Goods and Furniture plate China Linen and Implements of Household whatsoever (Except so much and such part as my Wife shall make choice of as aforesaid) And All my live and dead Stock Waggons Carts and Implement of Husbandry whatsoever And All Bonds Notes Ready Money that may be found in my House at the time of my Death Securities for Money Book Debts and Personal Estate whatsoever and wheresoever, And of every Nature Kind and sort soever Upon trust That they the said John Pittam and Joseph Gallard and the survivor of them and the Executors and Administrators of such Survivor do as shall in like manner as soon as conveniently may be after my Decease sell and dispose of my said Personal Estate by public Auction for the most Money that can be reasonably had for the same And after payment of my Debts funeral Expences and their respective Legacies of Ten pounds Each and subject thereto Do and shall invest and lay out the Monies arising from the sale and disposal of my said Real and personal Estate together with All such Money As shall come to their Hands by Virtue of the Trusts hereby in them reposed In some of the public or Government Funds or Securities or place the same out on Lands by way of Mortgage in the Names of them my said Trustees And do and shall pay the Interest Dividends and proceeds thereof from time to time As the same shall become due To my said Wife Susanna or her Assigns or otherwise permit her or her Assigns to receive the same from time to time to and for her own Use and Benefit for and during the Term of her natural Life And from and after her Decease I Give and bequeath the Interest of Two Hundred pounds part of the said principal Monies Unto my servant Elizabeth Philpot during the Term of her natural life Together with such part of the said Household goods As my said Wife shall happen to have left at the time of her Death Provided that the said Elizabeth Philpot shall be then in her service And from and after the Decease of my said Wife I Give and bequeath the following Legacies To Samuel Cockerill the Younger of Potterspury Twenty pounds To John Packer of Daventry Twenty pounds James Howlett of Potterspury Ten pounds Mary Williams of the same place Ten pounds Samuel Cockerill the Elder of the same place Ten pounds William Jackson of the same place Ten pounds and Francis Wood Abraham of the same place Ten pounds To George Harris of Yardley aforesaid Ten pounds Ann Harris his daughter and my god daughter Twenty pounds Ann Willison of Old Stratford Ten pounds And to Edward Jones the Younger of Cosgrove Carpenter Ten pounds All which said Legacies I do hereby direct shall be paid by my Executors hereafter named to the above mentioned Legatees their Executors or Administrators within three months next after the Decease of my said Wife And As to All the Residue and remainder of the said principal Monies After payment of the said Legacies together with the said principal Sum of Two Hundred pounds After the Decease of the said Elizabeth Philpot Or immediately after my said Wife’s Decease in Case the said Elizabeth Philpot shall not be living and in her service at the time of her Death I do hereby give and bequeath the same and every part thereof Unto and amongst the Children of my late Brother Thomas Smith in equal shares and proportions at their respective Ages of Twenty One years Provided that if any of my said nephews or nieces shall die before they attain their respective Ages of twenty one Years And before his her or their part or share parts or shares of the said illeg also of the said principal Sum of Two Hundred pounds shall become payable as aforesaid Then and in such Case As well the original part or share parts or shares of him her or them so dying before the said Age of Twenty One Years As also such sums of Money if any As shall have fallen to him or her As the part or share of any other of them who was dead before shall go to and be divided amongst the surviving Child or Children And shall not go to his her or their Executors or Administrators And I hereby declare that the Receipt and Receipts of the John Pittam and Joseph Gallard and their Heirs shall be sufficient Discharges to the purchaser or purchasers of my said Real Estate as Denshanger and Cosgrove or elsewhere for the purchase Monies agreed to be paid by him her or them for the same estates And that such purchaser or purchasers shall not be accountable for Or be obliged to see to the Application Or be any ways accountable for the Loss Misapplication or Non Application of such purchase money or any part thereof And that my said Trustees or either of them their or either of their Executors or Administrators shall not be charged or chargeable with or accountable for more of the said Trust Monies that he or they shall actually receive or with or for any loss which shall happen of the said Trust Monies or any part thereof so as such Loss happen without then wilful Default or Neglect nor the one for the other of them Or for the Acts Deeds Receipts or Disbursements the one of the other And that it shall be lawful for my said Trustees and each of them then and each of their Executors and Administrators in the first place by and out of the said Trust Monies to deduct and reimburse him and themselves respectively All such Loss Costs Charges and Expences As he they or either of them shall sustain expend or be put unto for or by reason or on Account of this my Will Or the Trusts hereby in them reposed or in the Management or Execution thereof respectively or any other Thing if any otherways relating thereto And As to the Residue of My Personal Estate (if any there be) I bequeath the same to the said John Pittam and Joseph Gallard and the survivor and the Executor and Administrators of such Survivor Upon the Trusts before mentioned And I hereby make constitute and appoint the said John Pittam and Joseph Gallard joint Executors of this my last Will and Testament And lastly I hereby revoke All former and other Wills by me at any time heretofore made declaring this above to be and contain my True last Will and Testament In Witness whereof I have to this my last Will and Testament contained in this and the two preceding sheets of paper set my Hand and Seal to wit My Hand to the two preceding sheets And my Hand and Seal to this or last sheet thereof the Day and Year first before written

John Smith

Signed sealed published and Declared by the Testator John Smith As and for his last Will and Testament in the presence of us who have hereto subscribed our names as Witnesses at his Request in his presence And in the presence of each other The word “Potterspury” in the fourth line of the preceding sheet being first duly inserted

Tho. Ewesdin

Nichl. Sinnott

Thos Jones

On the 11 Febry 1797 John Pittam one of the Executor named in the within Will was sworn faithfully to Perform the same and that the Goods etc. do not amount in value to the sum of One thousand pounds

Before me

George Watkins BD.

Surrogate