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This is the last
Will and Testament,
of me William
Bullock of Aston in the parish of Bampton in the County of
Oxford, Yeoman made this third day of February one thousand
eight hundred and forty seven as follows I give and devise unto
my friends Richard Townsend of Cote House in the said parish of
Bampton Yeoman Thomas Kimber of Fifield Wick in the County of
Berks, Yeoman and Richard Williams the younger of Old Shifford
in the said parish of Bampton, Yeoman all that enclosed ground
with the appurtenances which I bought of Mr Trimmer lying and
being in Bampton aforesaid adjoining the road called Gog Lane
leading from Bampton to Aston Common Field to hold to them their
heirs and assigns for ever Upon Trust to let and set. the same
and pay the rents and profits thereof quarterly to my daughter
Emma Higgins for and during the term of her natural life to be
paid into the proper hands of the said Emma Higgins for her sole
and separate use and benefit independently and exclusively of
the control of her present or any future husband and without
being in anywise subject to his or their debts claims or demands
and the receipt of my said daughter for the same rents and
profits when and as the same shall be received by her shall be
the only sufficient discharge for the same and upon the decease
of my said daughter Emma Upon Trust to pay the same rents and
profits in the same manner into the proper hands of her daughter
Louisa Higgins independently and exclusively of any husband she
may happen to marry and her receipt for the same shall be the
only sufficient discharge and upon the decease of my
Granddaughter the said Louisa Higgins Upon Trust to make sale
and absolutely dispose of the same Close or enclosed ground in
the same manner and with the same powers of executing
Conveyances and giving receipts and all such other powers in
every respect as are hereinafter mentioned and given to them for
the purpose of making sale of my other real Estate hereinafter
directed to be sold and stand possessed of the money to arise
from such sale after deducting the expences attending the same
Upon Trust to pay share and equally divide the same unto and
between all and every the lawful children if more than one of my
said Granddaughter Louisa Higgins and if but one then the whole
to such one Child to be paid them at their respective ages or
age of twenty one years or during the minority for apprenticing
or otherwise advancing them in life if my said Trustees should
think proper but if any or either of such child or children
should die before his her or their share becomes payable
leaving lawful issue then such issue shall take his her or their
parents share but if my said granddaughter Louisa should die
without leaving any lawful issue her surviving then Upon Trust
to pay share and divide the same money upon the decease of the
survivor of them my said daughter and granddaughter unto and
equally between my four daughters Rachel Sarah Miriam and Eliza
in the same manner and subject to the same provisos trusts and
declarations as the other bequests hereinafter made in their
favour are subject as to all other my freehold leasehold and
real Estates at Aston aforesaid or elsewhere and the
appurtenances respectively belonging I give the same to my said
trustees their heirs executors administrators and assigns
according to the natures or tenures thereof Upon Trust
nevertheless to let and set the same and pay the rents and
profits thereof unto my wife Elizabeth Bullock or permit to
occupy and enjoy the same for and during the term of her natural
life or widowhood she keeping all such parts thereof as may
consist of buildings or erections in good and tenantable repair
and upon her decease or future marriage whichever shall first
happen Upon Trust to make sale and absolutely dispose of my said
freehold leasehold and real estates and appurtenances thereto
belonging either entirely and altogether or in parcels by public
auction or private contract to any person or persons willing to
become the purchaser or purchasers thereof for such price or
prices or sum or sums of money as to my said trustees or the
survivor of them or the heirs executors administrators or
assigns of such survivor shall seem reasonable and for promoting
and facilitating such sale or sales do and shall enter into make
and execute all such contracts covenants agreements conveyances
surrenders assurances acts deeds matters and things which to my
said Trustees or the survivor of them or the heirs executors or
administrators of such survivor respectively shall seem
reasonable and I declare that the receipt or receipts of the
said trustees and the survivor of them and the heirs executors
administrators and assigns of such survivor for any money
payable under this my Will shall effectually discharge the
person or persons paying the same from being answerable or
accountable for the loss misapplication or nonapplication
thereof or of any part thereof or from being obliged to see to
the application thereof or of any part thereof nor shall any
purchaser or purchasers be bound or obliged to ascertain or
enquire into the necessity or propriety of any such sale or
sales and I declare that the said Trustees and the survivor of
them and the executors administrators and assigns of such
survivor do and shall stand and be possessed of and interested
in all the money to arise from the sale or sales lastly
hereinbefore directed to be made and of and in the rents issues
profits and annual produce of the same Estates from the death or
marriage of my said wife until the same shall be disposed of and
converted into money Upon Trust to pay share and equally divide
the same between my said four daughters Rachel Sarah Miriam and
Eliza as to all and singular my money securities for money book
and other debts household furniture plate linen china farming
stock both live and dead implements of husbandry corn cattle
grain ... hay and all other my Personal Estate whatsoever and
wheresoever
I give and bequeath the
same to my said Trustees Upon Trust immediately after my decease
to convert the same into money and stand possessed of such money
Upon Trust in the first place to pay thereout all my just debts
funeral and testamentary expenses and then to retain to
themselves two guineas each as a small token of my respect and
then to pay within one year after my decease the following
legacies that is to say one hundred pounds free of legacy duty
to my son Cornelius Bullock, forty pounds free of legacy duty
unto and equally between all the children of my late daughter
Ann Fox, five hundred pounds to each of my daughters Rachel,
Sarah and Miriam and stand possessed of the residue of such
money upon trust to invest the same at interest upon any good
and sufficient securities either real or personal and pay the
interest or proceeds thereof to my said wife for and during the
term of her natural life or widowhood and upon her decease or
future marriage whichever shall first happen Upon Trust to pay
to my said daughter Eliza the sum of two hundred and thirty
pounds which together with the sums I advanced her in my
lifetime will place her on an equality with her said sisters
Rachel Sarah and Miriam and I authorise my said trustees to pay
her the said sum before the decease of my said wife if my said
wife will consent thereto in writing and then upon trust to pay
my Granddaughter Louisa Higgins one hundred pounds but if she
should die during the widowhood of my said wife then I give the
said one hundred pounds to her Mother my said daughter Emma
Higgins and then Upon Trust to divide the clear residue unto and
equally between my said daughters Rachel Sarah Miriam and Eliza
and I direct that all the legacies or sums hereinbefore given to
my said daughters Rachel Sarah Miriam Eliza and Emma Higgins
shall be paid into their own proper hands in order that the same
may be enjoyed and disposed of by them respectively as their
respective separate Property entirely free from the control, as
to the said Emma Higgins of her present or any future husband
and as to my other daughters of any husbands they may happen to
marry and for which said legacies their respective receipts
shall be the only sufficient discharges to my said Trustees I
appoint my said Trustees and my said wife joint Executors and
Executrix of this my will hereby revoking all former and other
wills by me at anytime heretofore made and I also give to my
said Trustees all Estates vested in me as a Trustee or mortgagee
subject to the trusts and equities affecting the same
respectively Provided always in case any of the said Trustees of
this my Will shall die in my lifetime or shall refuse the trusts
or in case any Trustees for the time being shall die or become
unable or unwilling to act then I empower the surviving or
continuing Trustees or Trustee with the consent of my said wife
but not otherwise by any deed in writing to appoint any person
or persons in the room of such deceased refusing retiring or
incompetent Trustee or Trustees and every Trustee so appointed
shall be fully competent to exercise all the powers and
discretions which are reposed in the Trustees herein before
appointed And I declare that my said executors and executrix and
the said several Trustees hereby appointed and to be appointed
as aforesaid and each and every of them and the heirs executors
administrators and assigns of each and every of them shall be
charged and chargeable respectively for such moneys only as they
respectively shall actually receive by virtue of the trusts
hereby reposed in them notwithstanding their or any of their
giving or signing or joining in giving or signing any receipt or
receipts for the sake of conformity and any one or more of them
shall not be answerable or accountable for the others or other
of them or for involuntary losses or in any case for any Banker
Broker or other person in whose hands any moneys shall be
deposited for safe custody nor for any loss which shall happen
by or through the insufficiency or deficiency of any fund or
security in or upon which any of the said trust moneys shall be
invested for the time being unless the same shall arise or exist
by or through their respective wilful default or neglect and
also that it shall and may be lawful for the executors
and Trustees appointed by this my Will and all and every other
such persons as shall be appointed trustees in manner aforesaid
and their respective heirs executors or administrators with and
out of the trust premises or the rents issues profits dividends
interests and proceeds thereof and out of the monies which shall
come to their respective hands by virtue of the trusts aforesaid
to retain to and reimburse themselves respectively and also
allow to his or their Co-trustee or Co-executor all such costs
charges damages and expences fees to Counsel and others for
advice as they or either of them may suffer sustain expend
disburse be at or be put into in or about the execution of the
aforesaidtrusts or any of them or in relation thereto In Witness
whereof I the said William Bullock the Testator have to this my
last Will and Testament contained in five sheets of paper set my
hand the day and year first before written --- The
mark of X William Bullock the Testator --- Signed by the said
Testator as his last Will and Testament in the presence of us
present at the same time who at his request in his presence and
in the presence of each other have subscribed
Our Names as Witnesses James Rose Sol’r Bampton --- R H Bullen
His Clerk
Proved at London 25th June 1847 before the Judge by the
Oaths of Richard Townsend Richard Williams the Younger and
Elizabeth Bullock Widow the Relict three of the Executors to
whom Admon was granted having been first sworn by Comon duly to
administer. Thomas Kimber the other
Executor and one of the Universal Legatees in trust named in the
said Will having renounced the Probate and execution thereof and
also the Letters of Admon
(with the said Will annexed of the goods of the deceased, as by
Acts of Court appears). |