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The Will of David Watts Townsend

 

This is the last Will and Testament of me David Watts Townsend of Cote in the Parish of Bampton and County of Oxford, Yeoman, made this Twenty second day of December in the year of our Lord one thousand eight hundred and fifty three as follows I give and devise unto my friends William Pinnock of Chimney in the said County of Oxford, Yeoman, and Benjamin Castle of Wantage in the County of Berks, Butcher and Farmer, All those my two grounds of Meadow Land with the appurtenances thereto respectively belonging situate in Weald in the Parish of Bampton aforesaid now in the occupation of William Luckett To hold to them the said William Pinnock and Benjamin Castle their heirs and assigns for ever Upon trust to let and set the same and pay the rents and profits thereof unto and equally between my three daughters Elizabeth Mary Ann and Sarah for their joint lives and when and so often as one of them shall die then I give and devise an equal undivided third part or share of and in the said Meadow Grounds and appurtenances To such uses upon such trusts subject to such limitations and to and for such ends intents and purposes as my said daughter so dying shall in and by her last Will and Testament or any Codicil or Codicils thereto and notwithstanding coverture direct or appoint give or devise the same and in default of any such direction or appointment gift or devise or so far as any such direction or appointment gift or devise if incomplete shall not extend then I give the said third share of and in the said Meadow Grounds and appurtenances of which no such direction or appointment gift or devise shall be made or so far as the same if any and incomplete shall not extend unto and equally between all and every the children of such daughter if more than one and if but one then the whole to such one only child absolutely for their his or her own use and benefit but in case of the death of any one or more of such children or of such only child without having acquired a vested interest under the trusts hereinbefore contained leaving lawful issue such issue shall stand in the Parent’s place but if anyone or more of my said daughters shall die without having made such direction or appointment gift or devise as aforesaid or an incomplete one only and without leaving lawful issue her surviving then I direct my said trustees to pay the rents of the said equal undivided third share of such daughter so dying or such part thereof to which such direction or appointment gift or devise shall not extend unto and equally between the survivors or survivor of them my said daughters for their or her lives or life And I declare that all the rents so to be paid to my said daughters whether of their original or accruing share shall be paid into their own respective hands entirely free from the control debts or engagements of any husband they may happen to marry so that the same may be enjoyed by them as their separate property and for which their respective receipts alone notwithstanding coverture shall be the only sufficient discharges when due and not before And upon the death of the last survivor of my said daughters then I direct my said trustees to make sale and absolutely dispose of the share or shares of my said daughter or daughters so dying without issue as aforesaid and of which no such direction or appointment gift or devise shall have been made or of such part thereof or interest therein to which such direction or appointment gift or devise if incomplete shall not have extended either by public auction or private contract and together or in parcels to any person or persons whomsoever willing to become the purchaser or purchasers thereof for the best price or prices that can be obtained for the same with full power to enter into make and execute all such conveyances agreements acts deeds devises and assurances in the Law whatsoever as may be necessary for perfecting such sale or sales and stand possessed of the money to arise therefrom after deducting the expenses attending the same Upon trust to divide the same unto and between my next of kin at the time such share or shares or other interest become respectively saleable according to the Statute of Distributions I also give and devise unto my said three daughters All those my cottages or tenements gardens and premises in Aston in the said Parish of Bampton purchased by me of the Trustees of John Baker deceased And also all those two cottages or tenements and the premises thereto belonging situate in the Garston Field near the church in Aston aforesaid in the respective occupations of Job Bartlett and Richard Waite with the respective appurtenances to the same premises respectively belonging To hold to them my said three daughters their heirs and assigns for ever as tenants in common and not as joint tenants I give and devise unto my son Thomas Townsend all that messuage or tenement and bakehouse with the yard garden outbuildings and appurtenances thereto adjoining situate at Aston aforesaid now in the occupation of John Luckett And also all that cottage or tenement barn and garden in Cote aforesaid now in the occupation of Jane Stone and the appurtenances And also all that Close or enclosed ground adjoining the last described premises containing about two acres lately exchanged for a Close called Huckett Close now in the occupation of my son Edward Lindsey Townsend And also all that new allotment of pasture land just lately set out to me under the Inclosure of Aston and Cote now in progress lying in front of and westwards of my house wherein I now dwell and containing about fifteen acres To hold to my said son Thomas his heirs and assigns for ever And I charge and make chargeable the said last described allotment of pasture land with the payment of the sum of three hundred and sixty three pounds two shillings and six pence to be paid to my said Trustees by my said son Thomas within six calendar months after my death I give and devise unto my said son Edward Lindsey Townsend All that my messuage or tenement garden orchard yard barns Close called Laukett Close and appurtenances thereto belonging situate at Cote aforesaid and now in my own occupation And also all that new allotment of arable land lately also set out to me under the said Inclosure situate behind my said house and containing about twenty three acres and the appurtenances to the same premises respectively belonging To hold to him my said son Edward Lindsey Townsend his heirs and assigns for ever and I hereby charge and make chargeable the said last described allotment of arable land with the payment of the sum of eight hundred and forty nine pounds two shillings and six pence to be paid to my said Trustees by my said son Edward Lindsey Townsend within six calendar months after my death And I declare that my said Trustees shall stand possessed of the said two sums of three hundred and sixty three pounds two shillings and six pence and eight hundred and forty nine pounds two shillings and six pence making together the sum of one thousand two hundred and twelve pounds five shillings Upon trust to pay thereout unto and equally between my said three daughters the sum of two hundred and forty four pounds twelve shillings and six pence part thereof To my son John twenty seven pounds seventeen shillings and six pence other part thereof and I forgive him all debts due from him to me or to my Estate To my son David six hundred and forty four pounds seventeen shillings and six pence other part thereof and I forgive him all debts due from him to me or to my Estate And to my son Charles two hundred and ninety four pounds seventeen shillings and six pence residue thereof and I forgive him all debts due from him to me or to my Estate I also forgive all debts due from my said sons Edward Lindsey Townsend and Thomas Townsend And I direct my said Trustees to give up to all my sons respectively any securities bonds or notes of hand I hold of them respectively as the provision I have heretofore and herein made for my children places them all upon an exact equality As to all my personal estate except the debts forgiven my said sons I give the same to my said Trustees upon trust thereout in the first place to pay all my just debts funeral and testamentary expenses and all expenses of enclosing the said two new allotments of pasture and arable land whether the same shall be incurred before or after my death until the same shall be fully awarded and fenced off in a proper manner as it is my Will that the devisees shall pay no part of such expenses my household furniture plate linen china books except books of account and implements of household stuff and effects of a like nature I give to my said three daughters equally and if they disagree I direct the trustees to divide the same as equally as may be between them the remainder of my personal estate and money if any I give unto and equally between all my children I appoint my said Trustees joint Executors of this my Will and give them five guineas each as a mark of my esteem for them I give to the said William Pinnock and Daniel Castle all estates vested in me as a trustee or mortgagee Upon trust to dispose thereof according to the equities affecting the same I hereby revoke all former and other Wills by me at any time heretofore made Provided always and I hereby authorize and empower the Trustees or Trustee for the time being of this my Will to pay any debts claimed against me or against my Estate upon any evidence they shall think proper to admit and to adjust settle compromise and compound all accounts reckonings transactions matters and things depending at the time of my decease between me and any other person or persons whatsoever and to accept any security real or personal for any debt or debts owing to me and to allow such time for the payment thereof as to him or them shall seem reasonable and to refer any matters in difference relating to my affairs to arbitration And I declare that it shall be lawful for the trustee or trustees for the time being of this my Will to sign and give any receipt or receipts for any sum or sums of money payable to them or him under or by virtue of this my Will and that any person or persons paying to them or him any such sum or sums of money and taking their or his receipt for the same respectively shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or in anywise bound or concerned to see to the application of the money in the said receipts mentioned or acknowledged to have been received Provided always and I further declare that all the powers authorities and discretions herein given to the trustees and executors in my Will named shall extend to the Trustees and Executors for the time being if this my Will I declare that if either of my said Trustees herein named shall die in my lifetime or refuse to accept the trusts of my Will or in case any Trustee for the time being shall die or become unable or unwilling to act then I empower my said three daughters or the survivors or survivor of them and after the decease of the survivor of them then the surviving or continuing Trustees or Trustee competent to act (whether desirous of being discharged or not) or if there shall be none such then the executors or administrators of the last surviving Trustee 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 by force of every such appointment as aforesaid all the authorities and discretions given or expressed to be given to the deceased refusing incapacitated or discharged Trustee shall be conferred upon the appointed trustee or trustees in whom either alone or (as the case may be) jointly with the surviving or continuing trustee or trustees my trust properly shall vest or by proper assurances be vested Provided always and I hereby further expressly declare that the said several trustees hereby appointed and to be appointed as aforesaid and each and every of them and also my executors and the heirs executors administrators and assigns of all 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 other or others of them or for involuntary losses or 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 to and for my said trustees and executors and the trustees and executors for the time being of this my Will and their respective heirs executors and administrators with and out of the trust premises or the rents issues profits dividends interests and proceeds thereof and out of the moneys 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 and their cotrustees and cotrustee coexecutors and coexcutor all such costs charges damages and expenses fees to Counsel and others for advice if they deem it necessary as they or either of them shall or may suffer sustain expend disburse be at or be put unto in or about the aforesaid trusts and executorship or any of them or in relation thereto
In witness whereof I the said David Watts Townsend the Testator have to this my last Will and Testament contained in seven sheets of paper set my hand the day and year first above written David Watts Townsend

Signed by the said Testator as and for his last Will and Testament in the joint presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses after the obliteration of the words "my son Townsend" in the eleventh and twelfth lines from the top of the first sheet and the interlineation of the words "lately exchanged for a Close" between the sixteenth and seventeenth lines from the bottom of the third page
R.H.Bullen, Solr, Bampton, Oxon
Wm Plaster his Clerk


This is a Codicil to my annexed Will Whereas I have since the date of my Will purchased a cottage and premises at Cote of Michael Giles and others which I am now rebuilding Now I hereby give and devise the same and the appurtenances unto my said three daughters To hold to them their heirs and assigns as tenants in common and not as joint tenants Provided always that in case any one or two of my said daughters shall from time to time as long as they remain single choose to reside therein the one or both so residing shall pay no rent to the other or others nonresident but shall be entitled to occupy the same free notwithstanding the absolute devise hereinbefore contained Whereas I have in my said Will made certain gifts and bequests in favour of my late son David now deceased Now I hereby declare that every gift and bequest made in his favor shall be held by my said Trustees who shall invest the same and pay and apply the interest thereof in such manner as they may think proper towards the support clothing or education of the children of my said son David until they shall severally attain their respective ages of twenty one years and as they severally attain that age Upon trust to pay each one so attaining and as he or she attains that age an equal share of the principal money The share of any one or more dying under that age to go amongst the survivors of them and so of any accruing share or shares Provided always that a sum of fifty pounds which I have advanced to my said late son's widow and such further sums as I may hereafter lend or advance her shall be considered debts due from my said late son and be deducted by my said Trustees from the said gifts and bequests made in his favor As witness my hand this sixth day of June one thousand eight hundred and fifty five David Watts Townsend
Signed by the said Testator as and for a Codicil in the joint presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
R.H.Bullen Solr Bampton
Robert Oakey


This is a second Codicil to my annexed Will Whereas for certain considerations amongst others intended buildings repairs and improvements to be made by my son Edward Lindsey I have sold to him the messuage Close and premises described in my Will and then in my occupation And also the allotment containing twenty three acres and have conveyed the same to him by deed of this date and have allowed eight hundred and forty nine pounds to remain owing to me on security of the same Now I direct my Trustees to call in the sum of eight hundred and forty nine pounds in the same manner and time and to stand possessed thereof upon the same trusts and for the same purposes as mentioned and contained in my Will concerning the sum of eight hundred and forty nine pounds two shillings and six pence therein directed to be paid by my son Edward Lindsey which sum by reason of the present sale will not have to be paid by him but the sum of eight hundred and forty nine pounds now due from him to me shall be in lieu thereof and if he shall have paid off the same or any part thereof at the time of my decease then the same sum or the part thereof paid off shall be made up from my personal estate As witness my hand this ninth day of October one thousand eight hundred and fifty eight David Watts Townsend
Signed by the said Testator as and for a Codicil in the joint presence of us present at the same time who at his request in his and each others' presence have hereunto subscribed our names as witnesses
R.H.Bullen, Solr, Bampton, Oxon
Caleb Ling, Carpenter, Coate, Oxon


This is a third Codicil to my Will of the twenty second day of December 1853 Instead of the devise of my two grounds of meadow land with the appurtenances thereto respectively belonging situate in Weald in the parish of Bampton in the County of Oxford and in the occupation of William Luckett to my trustees for the purposes named in my said Will I give and devise the said two grounds of meadow land with the appurtenances to my said three daughters Elizabeth, Mary Ann and Sarah To hold to them their heirs and assigns for ever as tenants in common and not as joint tenants And I confirm my said Will and Codicils in all other respects As Witness my hand this twenty first day of October one thousand eight hundred and fifty eight
David Watts Townsend
Signed by the said Testator as and for a Codicil in the joint presence of us present at the same time who at his request in his and each others' presence have hereunto subscribed our names as Witnesses
R.H.Bullen, Solr., Bampton, Oxon
Caleb Long, Carpenter, Coate, Oxon



On the Twenty fourth day of September 1859 the Will with three Codicils thereto of David Watts Townsend late of Cote in the Parish of Bampton in the County of Oxford, Yeoman, deceased, who died on the Twelfth day of May 1859 at Cote aforesaid was proved in the District Registry attached to Her Majesty's Court of Probate at Oxford by the Oath of William Pinnock of Chimney in the County of Oxford, Yeoman, one of the Executors therein named he having been first sworn duly to administer, Benjamin Castle the other Executor and one of the residuary Legatees in Trust having renounced all his right and title to the Probate and execution of the said Will and Codicils and also to the Letters of Administration with the said Will and Codicils annexed of the personal Estate and Effects of the said deceased.
 


No Leaseholds


Effects under £1500

 

This Will was kindly  transcribed and sent in by Heather.

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