The Will of James Luckett

This is the last Will and Testament of me James Luckett of Southrop in the parish of Hook Norton in the County of Oxford Yeoman Whereas I have recently contracted with Mr James Willmot Newberry for the purchase of three closes or inclosed grounds situate in Southrop in the parish of Hook Norton aforesaid containing about fourteen acres and a half for the sum of six hundred and sixty pounds Now I do hereby give devise direct limit and appoint the said closes or inclosed grounds and all and every my freehold messuages or tenements closes or incloses grounds and hereditaments with their respective appurtenances situate and being in the parish of Hook Norton aforesaid or elsewhere unto my dear Wife Hannah Luckett and her assigns for and during the term of her natural life if she should so long continue my widow and unmarried and from and immediately after her decease or marriage which shall first happen I give devise direct limit and appoint the said three closes or inclosed grounds messuages or tenements closes or inclosed grounds and hereditaments with their respective appurtenances unto and to the use of my son James Luckett his heirs and assigns for ever Provided always and my will is and I do hereby declare that in case the purchase of the said three closes or inclosed grounds so contracted to be purchased by me as aforesaid shall not be completed in my lifetime. That then and in such case the purchase of the said three closes my trustees hereinafter named shall complete the same as soon as may be after my decease and pay the purchase money for the same by and out of my monies and personal estate. And I do declare and direct that in such case the said three closes or inclosed grounds with the appurtenances shall be conveyed to the use of my said wife Hannah Luckett and her assigns for and during the term of her natural life if she shall so long continue my widow and unmarried and from and immediately after her decease or marriage which shall first happen to the use of my said son James Luckett his heirs and assigns for ever I give and devise to my said son James Luckett and his heirs all heirs all my estate and interest or benefit or renewal of and in all those my two copyhold or customary closes of Meadow or pasture land situate or being within the Manor of Hook Norton aforesaid containing about seventeen acres and two roods and called or known by the name of Brown Meadows subject to the widowhood of my said wife therein in case she should survive me I give and bequeath all my household goods and furniture plate linen china and implements of household unto my said Wife Hannah Luckett for her own absolute use and benefit I give and bequeath all my monies and securities for money live and dead farming stock and implements of husbandry and All the Rest and Residue of my Personal Estate and Effects whatsoever and wheresoever that I may be possessed of or entitled to at the time of my decease unto Matthew Wyton of Islington in the County of Middlesex Gentleman (brother to my said Wife)and to my said son James Luckett their executors administrators and assigns upon trust to collect and get in such part or parts thereof as shall consist of monies or securities for money or continue the same or any part thereof at interest at their or his discretion in or upon such securities stocks funds as the same may be invested in at the time of my decease and to convert such part or parts of my said personal estate and effects as shall not consist of monies or securities for money into money And after payment of all my just debts funeral and testamentary expences Upon trust to pay to my said son James Luckett the sum of one hundred pounds sterling and to each of my daughters Hannah Wells the wife of Edward Wells of Hook Norton aforesaid and Butcher and Joyce Luckett the sum of fifty pounds sterling within six calendar months next after my decease and for their own respective use and benefit And upon trust to invest place out or continue the residue of my said monies and personal estate at interest in the public stocks or funds or upon Government real or other good and sufficient security or securities and alter vary and transpose such stocks funds and securities from time to time as they my said trustees or the survivor of them or the executors administrators or assigns of such survivor shall in their or his discretion think fit And upon trust to pay the interest dividends and annual produce of the said trust monies stocks funds and securities as and when the same shall become due and be received by my said wife Hannah Luckett for her own use and benefit during the term of her natural life if she shall so long continue my widow and unmarried and from and immediately after the decease or marriage of my said wife which shall first happen Upon trust by and out of the said trust monies stocks funds and securities to set apart the sum of one thousand pounds sterling and to stand possessed thereof Upon the trusts and to and for the ends intents and purposes hereinafter mentioned expressed or declared of and concerning the same And upon trust to pay assign or transfer the rest and residue of the said trust monies stocks funds and securities to my said son James Luckett for his own use and benefit to whom I do give and bequeath the same accordingly And it is my Will and I do declare that my said trustees or trustee for the time being shall stand possessed of the sum of five hundred pounds sterling (part of the aforesaid sum of one thousand pounds) Upon trust to invest place out or continue the same at interest in the public stocks or funds or upon Government Real or other good and sufficient security or securities from time to time as they my said trustees or trustee for the time as they my said trustees or trustee for the time being shall think fit And upon trust to pay to pay the interest dividends and annual proceeds of the said sum of five hundred pounds or the stocks funds security or securities and alter vary or transpose such stocks funds and securities from time to time as they my said trustees or trustee for the time being shall think fit And upon trust to pay the interest dividends and annual proceeds of the said sum of five hundred pounds or the stocks funds or securities in or upon which the same shall or may for the time being be invested unto my said daughter Hannah Wells for and during the term of her natural life for her sole and separate use exclusive of her present or any after taken husband and without being in any wise subject to his debts control interference or engagements And the receipts or receipt of my said daughter Hannah Wells shall notwithstanding her coverture be an effectual discharge for the money therein mentioned or acknowledged to be received And from and immediately after the decease of my said daughter Hannah Wells my said trustees or trustee for the time being shall stand possessed of the said sum of five hundred pounds or the stocks funds or securities in or upon which the same shall or may for the time being be invested In trust for all and every the child or children of my said daughter Hannah Wells to be equally divided between and amongst them if more than one when and as they shall respectively attain the age of twenty one years with power to pay and apply the interest dividends and annual produce thereof in for and towards their his or her respective maintenance education and advancement in the world during their respective minorities But in case my said Daughter Hannah Wells shall depart this life without leaving any child or children her surviving Then my said trustees or trustee for the time being shall stand possessed of the said sum of five hundred pounds or the stocks funds or securities in or upon which the same shall or may for the time being be invested In trust for and to divide the same equally between my said son James Luckett and my said daughter Joyce Luckett share and share alike And my said trustees or trustee for the time being shall stand possessed of the sum of five hundred pounds sterling the remaining part of the aforesaid sum of one thousand pounds Upon trust to invest place out or continue the same at interest in the public stocks or funds or upon Government Real or other good and sufficient security or securities and alter vary and transpose such stocks funds and securities from time to time as the my said trustees or trustee for the time being shall think fit And upon trust to pay the interest dividends and annual proceeds of the said last mentioned sum of five hundred pounds or the stocks funds and securities upon which the same shall or may for the time being be invested unto my said daughter Joyce Luckett for and during the term of her natural life for her sole and separate use exclusive of any husband she may marry and without being in any wise subject to his debts control interference or engagements And the receipts or receipt of my said daughter Joyce Luckett shall notwithstanding any coverture be an effectual discharge or effectual discharges for the money therein mentioned or acknowledged to be received And from and immediately after the decease of my said daughter Joyce Luckett my said trustees or trustee for the time being shall stand possessed of the said sum of five hundred pounds or the stocks funds or securities in or upon which the same shall or may for the time being be invested In trust for all and every the child or children of my said daughter Joyce Luckett to be equally divided between and amongst them if more than one when and as they shall respectively attain the age of twenty one years with power to pay and apply the interest dividends and annual produce thereof in for and towards their his or her respective maintenance education and advancement in the world during their respective minorities But in case my said Daughter Joyce Luckett shall depart this life without leaving any child or children her surviving Then my said trustees or trustee for the time being shall stand possessed of the said sum of five hundred pounds or the stocks funds or securities in or upon which the same shall or may for the time being be invested In trust for and to divide the same equally between my said son James Luckett and my said daughter Hannah Wells share and share alike Provided always and my Will is that if any or either of my children shall depart this life in my lifetime or before the legacy or legacies share or shares given or intended for him her or them shall become payable leaving lawful issue living at the time the same would have become payable had he she or they been living then and in that case the legacy or legacies share or shares given or intended for such of my children so dying as aforesaid shall go belong and be paid to the issue of such child or children respectively who shall live to attain the age of twenty one years if more than one equally to be divided between and amongst such issue and in case such issue shall be under age the interest dividends and annual produce of his her or their presumptive share of and in the said trust monies shall at the discretion of my said trustees or the survivor of them his executors administrators and assigns be paid or applies in for or towards his her or their respective maintenance education and advancement in the world notwithstanding such issue may die before his her or their respective legacy or share of the said trust monies shall become vested I give and devise all mortgage and trust estates which now are or may be vested in me at the time of my decease unto my said wife Hannah Luckett the said Matthew Wyton and my said son James Luckett their heirs executors administrators and assigns subject to and upon the equities and trusts affecting the same Provided always and my Will and I do hereby declare that the receipts of my said wife the said Matthew Wyton and my said son James Luckett and the survivors and survivor of them his her or their executors administrators or assigns shall be good discharges for all monies payable to them him or her by virtue of this my Will and that all persons paying any monies to my said wife the said Matthew Wyton and my said son James Luckett or the survivors and survivor of them his or her executors or administrators for the purposes of this my Will and taking a receipt from them her or him accordingly shall not be obliged to see to the further application of the same monies nor be accountable for the misapplication thereof Provided lastly and I do hereby further declare and direct that neither of my said trustees or executors shall be answerable or accountable for the others or other of them or for the acts deeds or defaults of the others or other of them or for any involuntary losses nor for money received under receipts in which they shall join only for conformity And that they shall and may reimburse themselves and each other out of the said trust premises or put of any money that may come to their hands by virtue of this my Will all costs and expences to be incurred by them respectively in the execution of the trusts aforesaid or in any wise in relation thereunto And I appoint my said wife the said Matthew Wyton and my said son James Luckett Executrix and Executors of this my Will and I do hereby revoke and make void all former Wills by me at any time heretofore made In witness whereof I the said James Luckett the Testator have to this my last Will and Testament contained in six sheets of paper to each sheet thereof set my hand the thirty first day of October one thousand eight hundred and forty nine James Luckett

(Attestation Clause)

Geo F Tilsley Solicitor Chipping Norton
Willm Kirtland his Clerk

Proved at London 28 October 1850 before the Judge by the oaths of Hannah Luckett the Relict Matthew Wyton and James Luckett the son the Executors to whom Admon was granted having been first sworn duly to administer

Pcc
Prob11/2121