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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. |