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The Will of John Key

 

In the Name of God Amen I John Key of Holbeach in the County of Lincoln Gent do make & publish my last Will & Testament in manner and forme following that is to say I Give & devise all & every my Manors & ffreehold or Charterhold Messuages Cottages Lands Tenements & Heredits whatsoever & wheresoever & whereof & wherein I now have or at the time of my decease shall or may have a disposing power (save & wherefore such part or parts thereof as I in writing agreed to settle specifically in contemplation of my marriage with my present wife) unto my esteemed ffriends John Varley of Holbeach aforesaid ffarmer & Grazier & John Johnson my late Clerk To hold the same Manors & ffreehold or Charterhold Messuages Cottages Lands tenements & heredits (except as aforesaid) unto them the said John Varley & John Johnson & their Heirs upon trust that they or the Survivor of them or his Heirs do & shall with all convenient speed after my decease make sale dispose of & absolutely convey away all & every the same Manor & ffreehold or Charterhold Messuages Cottages Lands tenements & heredits so hereinbefore to them devised altogether or in Lots & by public Auction or Private Contract & to any person or persons who shall be willing to become the Purchaser or Purchasers thereof or of any part or parts thereof & for the most Money & best price that can be conveniently had or gotten for the same or for such prices or Sums of Money as by them the said John Varley & John Johnson or the Survivor of them or his Heirs shall under all Circumstances be thought proper & with power to make such abatements & allowances out of the Purchase Money as Circumstances shall require& they or he in their or his discretion shall think fit I likewise direct authorize & empower the said John Varley & John Johnson or the Survivor of them or his Heirs in like manner to make Sale & dispose of all & every my Customary or Copyhold Messuages Lands Tenements & Heredits whatsoever & wheresoever & for facilitating since Sale or Sales as aforesaid I do direct that it shall be lawful for the said John Varley & John Johnson or the Survivor of them or his Heirs to make enter into & execute all necessary Contacts Conveyances Surrenders & Assurances & I do hereby declare that the receipt & receipts of the said John Varley & John Johnson or the Survivor of them or his Heirs shall be good & sufficient discharges to all & every person & persons who shall become the purchaser or purchasers of my said Estates or any part thereof for all his her or their Purchase Money & that when such receipt or receipts shall be given shall be so given such purchaser or purchasers & his her or their Heirs Exors & Admors shall not be obliged to see to the application thereof or be in any wise answerable for the Loss Misapplication or Nonapplication of the said Monies respectively or any part thereof & my Will & Mind is that the Monies which shall arise from such Sale or Sales as aforesaid shall be considered as part of my Personal Estate I Give & bequeath unto the aforesaid John Johnson in Testimony of my friendship for him All my professional books as well an Attorney as Conveyancer to be delivered to him as soon as may be after my decease& as to all my Monies Securities for Money Live & Dead Stock & all the rest & residue of my Goods Chattels & Personal Estate & Effects whatsoever & wheresoever (save except such part of my Household ffurniture Plate Linen & China as I shall or may hereafter by any Codicil or Codicils bequeath specifically to my said Wife) I Give & bequeath the same & every part thereof unto the said John Varley & John Johnson Upon Trust that they or the Survivor of them his Exors or Admors do & shall with all convenient speed after my decease call in & compel payments of all parts of my said Personal Estate as shall consist of Money due & owing to me upon Securities or otherwise & do & shall in & by Sale dispose of & convert into Money all such part thereof as shall not consist of Money & my Will & Mind is & I do hereby declare that the said John Varley & John Johnson or the Survivor of them his Exors or Admors shall stand & be possessed of & interested in all the Monies which shall arise or be produced or received under & by virtue of the trusts of this my Will Upon Trust in the first place to pay thereout my just debts as well on Specialty as simple contracts my funeral Expences & the charges of proving this my Will & carrying out the trusts thereof into execution & in the next place to retain & pay to each of themselves the Sum of twenty Guineas for the care & trouble they may have in the execution of the trusts hereby in them reposed & then do & shall stand & be possessed of & interested in all the clear residue of the said trust Monies to & for such person or persons & upon & for such trusts intents & purposes as shall or may be mentioned expressed or declared by me in & by any Codicil or Codicils hereto I shall or may hereafter think proper to make & in default of any such Codicil or Codicils being so made then to & for such person or persons as would have been entitled to my Personal Estate by virtue of the Statute of distributions in case I had died Intestate & upon trust to divide & pay over the same accordingly & I do impower my said Trustees & each of them to deduct & retain out of any Monies which may come to their hands by virtue of this my Will all such Costs Charges & Expences as they or either of them shall or may sustain be put unto & be liable to pay in & about the execution of the trusts hereby in them reposed & I do declare that neither of my said Trustees shall be charged or chargeable with any more Monies than they shall actually receive nor for any loss that may happen thereto nor shall the one of them be answerable or accountable with any more Monies than they shall respectively actually receive nor for any loss that may happen thereto nor shall the one of them be answerable or accountable for the other of them or for the acts deeds receipts disbursements or defaults of the other of them but each of them for himself & his own respective Acts Deeds receipts disbursements & defaults only & lastly I do appoint my said Trustees the said John Varley & John Johnson to be joint Exors of this my Will hereby revoking all former Wills by me made & declaring this only to be & contain my last Will & Testament In Witness whereof I the said John Key the Testator have at the bottom of the first three Sheets of Paper of this my Will (the whole whereof is contained & written on four sheets of paper) subscribed my name & to the fourth & last Sheet thereof subscribed my name & set my seal this 26th day of Dec in the year of our Lord 1809

(Attestation Clause)

W Colley Liquor Merchant at Holbeach
S Ravensdale
Joseph Rason Servants to the Testator

Proved at London 20 March 1810
PCC
Prob11/1509

 

This Will was kindly  transcribed and sent in by Ros.

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