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The Will of John Fox

 

In the name of God Amen I John Fox of Bampton in the County of Oxford Tallow Chandler being of sound and disposing mind and memory but at present weak of body think proper to make this my last Will and Testament of all the Real and personal estate wherewith it hath pleased God to bless me and in the first place I will and appoint that all my debts and funeral expenses shall be paid and discharged out of my personal estate in case the same be sufficient, if it be not that my real estate shall stand and be charged with the payment of what my personal Estate will not answer and whereas I sometime in June one thousand seven hundred forty and one entered into an agreement with John Johnson of Bampton aforesaid Tallow Chandler for the purchase of certain land and tenements in the said agreement particularly mentioned and also for the sale of certain land and tenements in the said agreement also particularly mentioned to the said John Johnson and whereas in pursuance thereof I and my dear wife Mary Jane levyed  a fine I do hereby will and declare the same shall be and …. to the use of the said John Johnson his heirs and assigns pursuant to the said agreement and that the said agreement shall be carryed into execution as nearly as may be allowing for the deaths of parties farther I give and devise the house I now dwell in at Bampton aforesaid as also the land to me belonging in Bampton aforesaid to my good friends Ralph Fowler farmer and Edward Aubrey malster both of Bampton aforesaid and their heirs to the use of them and their heirs in trust nevertheless as to the house I now dwell in for the use of my son John his heirs and assigns for ever and as to the rents and profits of all other my Real Estate I will the same to be paid to the person or persons hereafter in this my will appointed Guardian or Guardians to my children to be by the said Guardian or Guardians imployed for the maintenance and duration of my daughter Mary my sons Joseph Thomas and Michael and I further will that as soon as any of my four last mentioned children shall arrive at the age of twenty one or marry with the consent of their Guardian or Guardians that the said Estate shall be sold by my said Trustees and the produce thereof to be equally divided among such of my said children as shall be then living  I appoint my dear wife Mary Guardian of all my children till they respectively arrive at the age of twenty one years or day of marriage as aforesaid during her widowhood But in case she shall marry again then I do hereby appoint the said Ralph Fowler and Edward Aubrey Guardians  of all my said children till they respectively arrive at the age of twenty one years or day of marriage as aforesaid and as to all the rest of my Estate stock in trade debts furniture and household goods together with all my personal estate I devise the same to my dear and loving wife forever in bar. nevertheless of Dower Thirds at Common Law or by Custom either at Law or in Equity or any other Claimant of my Real or Personal Estate and of this my last Will and Testament I appoint my said wife sole executrix hereby revoking all former wills by me at any time heretofore made and whereas the declaration I have hereby made of the uses of the fine levyd by me and my wife may not be deemed sufficient and whereas my son John my heir at law is an infant and unable to join in any deed or instrument to compleat the said agreement made with the late John Johnson now to avoid any difficulties that may arise on that account I do hereby devise the house in which John Goodenough Esquire lately dwelt at Bampton aforesaid to the said Ralph Fowler and Edward Aubrey and their heirs to enable them to execute a legal conveyance pursuant to the said agreement in case it be requisite so to do In witness whereof I have hereto set my hand and seal this eight day of May one thousand seven hundred and forty two     John Fox   Published and declared as and for the last Will and Testament of the said Testator in the presence of us who in his presence and at his request ……..  witnesses hereto      John Crossley    William Leveridge  John Greene

 

This Will was proved at London on the twentieth day of September in the year of our Lord one thousand seven hundred and forty three before the Worshipfull Robert Chapman Doctor of Laws and Surrogate of the Right Worshipfull John Bettesworth also Doctor of Laws and Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Mary Fox widow the relict of the said deceased and sole executrix named in the said Will to whom was granted administration of all and singular the goods chattells and credits of the said deceased being first sworn duly to administer the same.

 

This Will was kindly transcribed and sent in by Heather.

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