Will (1813) and Probate (1818) of William Huckvale of Chipping Norton, Oxfordshire - TNA PROB 11/1605/186

Date: 31 Mar 1813 to 12 Jun 1818
Location: Chipping Norton, Oxfordshire, England, United Kingdom
Surname/tag: huckvale

PROB 11/1605/186; The National Archives, Kew, London

Transcribed by Nicholas Adams

Contents 1 Will 2 Probate

Will

I William Huckvale
the Elder of Over Norton in the parish of Chipping Norton in the County
of Oxford gentleman declare this to be my last will and Testament I will
that the expenses of my funeral and of proving and establishing my Will
and all my just debts shall be first paid and discharged I give
and devise all that my messuage or tenement yard garden Coney-gree and
premises and every part with their appurtenances situate in Chipping
Norton aforesaid which I purchased from Mr. Marshall unto my son
William Huckvale and my nephew Samuel Huckvale son of my brother
Samuel their heirs and assigns to the uses upon and for the trusts intents
and purposes hereinafter mentioned concerning the same to the use of my
Daughter Hannah Phillips the wife of Charles Phillips of Chipping Norton
aforesaid I urge on for and during her life and from and after her decease to
the use of all and every the child or children of my said daughter Hannah
Phillips lawfully begotten or to be begotten equally to be divided amongst or
between them if more than one share and share alike to take as tenants in
common and not as joint tenants and the heirs of all and every such child
and children issuing And if there shall be a failure of issue in any such
child or children then as to the part or share or parts or shares of such
child or children whose issue shall so fail to the use of the remaining or other
of the said children equally to be divided between them if more than one)
share and share alike to take as tenants in common and not as joint tenants
and the heirs of such children issuing And in case there shall be a failure of
issue of all the said children but one or if there shall be but one such child
then to the use of such remaining or only child his or her heirs and assigns
and for default of such issue then to the use of my own right heirs forever I
give the Sum of One thousand pounds to the said William Huckvale and
Samuel Huckvale their executors administrators and assigns upon and for
the trusts intents and purposes hereinafter mentioned and expenses of and
concerning the same upon trust that they the said William Huckvale and
Samuel Huckvale and the survivor of them and the executors and
administrators of such Survivor shall and do pay the interest of the said sum
of One thousand pounds to my said daughter Hannah Phillips or otherwise
authorize and empower her to receive and take the same for her own sole
and separate use owing her life and do and shall after her decease stand
and be possessed of the said sum of one thousand pounds for Interest for all
and every the child or children of my said daughter Hannah Phillips
begotten or to be begotten and to go or be paid assigned and transferred to such
child or children at such time or times and if more than one in such parts
shares and proportions and with under and subject to the conditions and
limitations over such limitations being for the benefit of some or one of
them as my daughter shall notwithstanding her coverture by any deed or
deeds writing or writings to be sealed and delivered by her in the presence of
and attested by two or more reliable witnesses or by her last will to be
signed by her and attested by the by the like number of witnesses direct or appoint and
in default of such direction or appointment as aforesaid then as to the whole of
the said sum of One thousand pounds And in case and such direction or
appointment shall be made which shall not be a complete direction or
appointment of the whole of the said sum of one thousand pounds then as to
such part or pats thereof whereof no such direction or appointment shall be
made in trust for all and every the said child or children to whom or for
whose benefit is part of the said sum of one thousand pounds shall be so
as aforesaid directed or appointed if more than one equally divided
between or amongst them share and share alike the share or shares of
each child or children being a son or sons to be paid or assigned and transferred

to him or them as and when he or they shall attain his or their age or ages
of twenty one years respectively or the same or any part or parts thereof to be
sooner disposed of and applied for his or their preferments or advancement in
the world in such manner as the trustee or trustees for the time being shall
think fit and the share or shares of such of them as shall be a daughter or
daughters to be paid or assigned and transferred to her or them as and when
she or they shall severally attain her or their age or ages of twenty one
years or be married respectively which shall first happen but if any such
child or children being a son or sons shall attain his or their age or ages of
twenty one years or being a daughter or daughters shall attain her or their
age or ages of twenty one years or be married in the lifetime of said
daughter Hannah Phillips then the share and shares of such child and children
of and in the said sum of one thousand pounds or so much thereof as shall not
have been disposed of and applied for his and their preferment and
advancement in the world shall be paid assigned or transferred to him her or
them immediately after the decease of my said daughter or as soon after as
may be And my will is that notwithstanding the postponing the payment
assignment and transfer of the share and shares of such child or children
until after the decease of my said daughter all and every such share and
shares shall be deamed and considered as a vested interest and vested interests
in such of the same children who being a son or sons shall attain the age of
twenty one years or die before that age leaving issue or who being a
daughter or daughters shall attain that age or be married in the lifetime of my
said daughter Hannah Phillips provided always and my will is that if
any such child or children being a son or sons shall die without leaving issue
before he or they shall attain his or their age or ages of twenty one years
respectively and being a daughter or daughters shall die before she or they
shall attain her or their age or ages of twenty one years respectively without
having been married then the share or shares of him her or them so dying
as aforesaid or so much thereof as shall not have been disposed of or
applied for his or their preferment or advancement in the world shall from
time to time go arrive and belong to and vest in the survivor and Survivors or
other and others of such children and be paid or assigned and transferred to
him her or them if more than one equally share and share alike at such
time or times and in the same manner to such survivor and other child and
children as is hereinafter mentioned and expressed touching his her or their
original share and shares provided also and my will further is that my said
son William Huckvale and the said Samuel Huckvale and the survivor of
them and the executors administrators and assigns of such survivor may and
shall at any time or times during the life of my said daughter with her
consent in writing signed with her hand and after her decease at the
discretion of them the said trustees or the survivor of them or the executors
administrators or assigns of such survivor invest or lay out the said sum
of One thousand pounds in any of the public Stocks or funds or upon parliamentary
or real securities at interest all which stock funds or securities may be from time
to time sold assigned transferred and disposed of and the monies arising thereby
again invested or laid out in or upon any uses or other like stocks funds or
securities as to them the said trustees or the survivor of them or the executors
administrators or assigns of such survivor shall deem meet to as during the
life of my said the same be done such her consent as aforesaid
and that they the said trustees and the survivor of them and the executors
administrators and assigns of such survivor do and shall stand and be
possessed of all and every the Stocks funds and securities wherein or upon
which the said trust monies or any part or parts thereof shall be invested
or laid out and the dividends interest and annual produce thereof
respectively upon and for such trusts intents and purposes and with and
subject to such powers and provisoes (sic) as are hereinbefore mentioned and

expressed of and concerning the said sum of one thousand pounds and
the interest and the annual product thereof or such and so many of them
as shall be then subsisting or capable of taking effect provided always and
my will and meaning further is that all such and so much of the said sum of
one thousand pounds and all such Stocks funds and securities wherein or
upon which the same or any part or parts thereof shall be invested or laid out
as shall not become vested in or belong to such child the child or children of my said
daughter as aforesaid or be disposed of and applied for his or their preferment
or advancement in the world shall be and be deemed and considered as
part of the residue of my personal estate I give and bequeath unto my
daughters Mary Huckvale and Elizabeth Huckvale the sum of two
thousand five hundred pounds apiece to be paid to them respectively within
twelve months next after my decease provided always My will is that in case of the
death of either of my said daughters Mary and Elizabeth before her legacy
shall become payable without lawful issue then I direct that the legacy of
my daughter so dying as aforesaid shall go to and be paid and payable to the
survivor of them my said daughters and my said son William Huckvale
in equal mointies And in case of the death of both my said daughters before
the said legacies shall become payable as aforesaid then I direct that the
whole of the said legacies shall go to and shall be paid to my said son
William Huckvale his executors administrators and assigns I give and
devise all and singular my messuages lands tenements hereditaments and
premises and every part thereof with their appurtenances situate and being
in the hamlet of Over Norton in the parish of Chipping Norton in the County of
Oxford or elsewhere (not hereinbefore devised in trust as aforesaid) unto and to
the use of my said son William Huckvale his heirs and assigns for ever
And I give and bequeath all the rest and residue of my money securities
for money debts chattels real and personal and effects whatsoever and
wheresoever unto my said son William Huckvale his heirs executors
administrators and assigns And I so hereby nominate constitute and
appoint my said son William Huckvale the Executor of this my last will
and Testament And I do hereby declare my Will to be that it shall and
may be lawful to and for my said trustees and their respective heirs executors
and administrators by and out of all or any of the monies which by virtue
of this my will or any trust therein declared shall come to their or any of
their hands to deduct retain to and reimburse themselves all such reasonable
costs charges and expenses as they respectively shall or may sustain expend
or be put unto in or about the execution of this my will and also that my
said trustees and their respective heirs executors and administrators shall
be charged and chargeable only every of them for and with his and her own
respective receipts payments acts and wilful defaults and not otherwise and
shall not be charged or chargeable with or for any Sum or Sums of money
other than such as shall actually and respectively come to his her and their
hands by virtue of this my will nor with or for any loss or damage which
may happen in or about the execution of all or any of the trusts hereby in
them reposed without his her or their respective wilful defaults In testimony
whereof I the said William Huckvale the Elder the testator have to the four
first sheets of this my will contained in five sheets of paper subscribed my
name and to the fifth or last sheet thereof subscribed my name and affixed
my seal this thirty first day of March in the year of our Lord Christ One
thousand eight hundred and thirteen |-| William Huckvale (SS) |--| Signed
sealed published and declared by the said William Huckvale the Testator as and
for his last will and Testament in the presence of us who in his presence at his
request and in the presence of each other have hereunto subscribed our names
as witnesses thereto |--| Thomas Matthews |--| Edward Hartley |--| Edward Matthews |--|

Probate

Proved at London 12th June 1818 before the Judge by the oath of William

Huckvale the son sole Executor to whom administration was granted having been first
sworn by Comon duly to administer.