Will (1826) and Probate (1826) of Samuel Huckvale of Over Norton, Oxfordshire - TNA PROB 11/1719/335
Location: Over Norton, Oxfordshire, England, United Kingdom
Surnames/tags: huckvale goatley
PROB 11/1719/335; The National Archives, Kew, London
Transcribed by Nicholas Adams
Contents |
Will
The last Will and Testament of me Samuel
Huckvale of Choice hill in the hamlet of Over Norton in the parish of Chipping
Norton in the County of Oxford Yeoman first I give and devise direct limit and
appoint unto my son James Huckvale All that my Messuage or Tenement situate
and being in Chipping Norton aforesaid in the possession of my daughter Mary
Goatley together with the entry or passage leading from the Common Street in
Chipping Norton aforesaid to the yard adjoining and belonging to the said messuage
or Tenement and also the said yard extending to the Brickwall at the bottom
thereof with the well and pump in the said yard subject as hereinafter is
mentioned together with all Outhouses Buildings rights members and Appurtenances
to the said Messuage or Tenement adjoining and now used and enjoyed therewithin
being on the Northside of the said yard and extending to the said Brickwall And
also one equal half part of the yard and Garden below the said Brickwall being
the Northside thereof and in dividing the said yard the Ground on the Southside
thereof on which certain Buildings now stand to be considered so part of the said
yard To hold the said messuage or Tenement yard buildings Garden hereditaments
and premises above described with their Appurtenances unto the said James Huckvale
his heirs and Assigns nevertheless upon the trusts and for the ends intents and
purposes hereinafter expressed and declared of and concerning the same that is to
say upon trust that the said James Huckvale or his heirs be and shall by and
out of the said rents issues and profits thereof pay unto my dear wife Mary
Huckvale yearly and every year during the term of her natural life one Clear
Annuity yearly rent charge or sum of ten pounds of lawful money current in
Great Britain by four equal quarterly payments the first quarterly payment
to begin and be made at the end of three Calendar months next after my decease
and the rest and residue of the said rents and profits of the said premises after
detracting the expences of the necessary repairs thereof and the whole of the rents
issues and profits of the said messuage or Tenement and premises from and
after the decease of my said wife so and shall pay into the proper hands of
my said daughter Mary Goatley as the same shall from time to time become
due and be received for her own role use and benefit for and during the term
of her natural life separate and apart from her present husband George Goatley
or any after taken husband and so and in such manner that the same or any
part thereof shall not be under the Control nor be subject or liable to the debts
forfeitures or engagements of her present or any future husband And I hereby
order and direct that the receipt and receipts of my said daughter Mary Goatley
alone notwithstanding her present or any future Coverture shall be good and
effectual discharge and discharges to my said son James Huckvale his heirs Executors
and Administrators for such + rents issues & profits Sum and Sums of money or for so much thereof as in and by such + receipt or receipts shall be expressed to be received And
from and immediately after the decease of my said daughter Mary Goatley my
said son James Huckvale and his heirs so and shall stand seized of the said
messuage or Tenement Buildings yard Garden and premises with the appurtenances
subject nevertheless to the said Annuity of ten pounds to my said wife if she shall
be then living To the use and behoof of all and every or such one or more
such Child or Children of my said Daughter Mary Goatley for such Estate
and Estates and in such parts shards and proportions manner and form
as my said Daughter Mary Goatley shall notwithstanding her present or any
future Coverture at any time or times hereafter by any deed or deeds instrument
or instruments in writing with or without power of revocation to be sealed and
delivered by her in the presence of and to be attested by two or more credible witnesses
or by her last will and Testament in writing or any writing purporting to be her
last will and Testament to be by her signed and published in the presence of and
to be attested by three or more credible witnesses give devise direct limit or
appoint and in default of any such gift devise direction limitation or appointment
and also subject to any such gift devise direction limitation or appointment where
the same shall happen not to be a complete and entire appointment of the whole
estate and interest of and in the said messuage and premises To the use of all
and every the Child and Children of my said Daughter Mary Goatley his her
and their heirs and assigns for ever equally to be divided between or amongst
them if more than one share and share alike and to take as Tenants in
Common and not as joint Tenants provided always and my Will is and I do hereby
declare that it shall and may be lawful to and for my said son James Huckvale
and his heirs and he and they are hereby authorised and empowered at any
time or times hereafter at the request of my said daughter Mary Goatley to be
notified in writing under her hand by mortgage sale or other disposition of all or
any part of the said messuage or Tenement and premises to levy and raise subject
the said Annuity to my said wife as aforesaid any Sum or Sums of money
as the my said daughter Mary Goatley + may require and pay the same into the proper hands of my said Daughter Mary Goatley + to and for her sole separate use and
benefit free from the control debts forfeitures and engagements of her present or
any future husband And I declare that the receipt and receipts of my said daughter
Mary Goatley alone notwithstanding her present or any future coverture shall be
good and effectual discharge and discharges to my said son James Huckvale his
heirs Executors and Administrators for such Sum and Sums of money as in and
by such receipt or receipts shall be expressed to be received And I do also declare
and direct that the mortgagee or purchaser of the said messuage or Tenement
and premises or any part thereof shall not be obliged to see or attend to the
continuation of the money paid or advanced by him her or them respectively
but the receipt and receipts which shall be given by my said son James Huckvale
or his heirs shall be be (sic) a good and sufficient discharge and good and sufficient
discharges for the Sum or Sums of money therein or thereby acknowledged or
expressed to have been received anything in this my will contained to the
Contrary notwithstanding I also give and devise direct limit and appoint unto
my said wife Mary Huckvale All that my messuage or Tenement situate and
being in Chipping Norton aforesaid and adjoining to the aforesaid messuage or
Tenement and now in the tenure or occupation of Samuel Ashwell with Road
quiet way and passage in and through the entry or passage leading from the
common street into the yard adjoining the said messuage or Tenement and also
for every and use of the said yard extending to the Brickwall at the bottom
thereof and also the use of the well and pump standing and being in the said
yard the my said wife and her assigns paying and discharging our half of the
expence that shall from time to time be incurred in cleaning repairing and
amending the said well and pump../ and also the Bakehouse and all Outhouses
Buildings rights members and Appurtenances to the said last mentioned messuage
or Tenement adjoining and now used occupied and enjoyed therewith being on
the Southside of the yard And also the remaining half part of the said yard
and Garden and Ground below the Brickwall being the southside or part
thereof with the Privy and Buildings # thereon and in dividing the said yard the ground on which the said buildings # stand to be considered as part of the
said yard to hold the same and every part and parcel thereof respectively unto
my said wife Mary Huckvale and her Assigns for and during the term of her
natural life and from and immediately after the decease of my said wife I give
devise and direct limit and appoint the said last mentioned messuage or Tenement
hereditaments and all and singular other the premises so devised to my said wife
for life as aforesaid with their and every of their rights members and Appurtenances
unto my son Samuel Huckvale To hold the said last mentioned messuage or Tenement
Bakehouse and Buildings hereditaments and premises with their rights members
Privileges and Appurtenances unto and to the use of my said son Samuel Huckvale
his heirs and assigns for ever he and they from time to time and at all times
after he or they shall become entitled to the possession of the same paying and
discharging one half of the expence of cleansing repairing and amending the
said well and pump I give and devise direct limit and appoint all my Estate
and interest of and in All that my messuage Cottage or Tenement Garden and
Appurtenances thereunto belonging situate and being in Over norton aforesaid and
now in the tenure or occupation of Sarah Gray unto my said son James
Huckvale his heirs and assigns for ever I give devise and bequeath unto my said wife
Mary Huckvale one Annuity yearly rent charge or Sum of Seventy pounds of lawful
money current in Great Britain to be paid to her for and during the term of her
natural life without any deduction or abatement thereout whatsoever and to be isuing
and payable out of all and every my freehold and leasehold messuages Lands
lying and being in the hamlet of Over Norton in the parish of Chipping Norton
aforesaid or elsewhere not hereinbefore disposed of To have hold receive and enjoy the said
Annuity rent charge or sum of Seventy pounds and every part thereof freee and
discharged of all deductions taxes and impositions whatsoever to be taxed assigned or
imposed upon the said Annuity or upon my said wife in respect thereof
by authority of Parliament or otherwise howsoever unto
my said wife Mary and her assigns from and immediately after my decease in and
during the term of her natural life the said Annuity yearly rent charge or Sum
of seventy pounds to be paid to my said wife by four quarterly payments by even
and equal portions the first quarterly payment thereof to be made at the end of
three calendar months next after my decease And if it shall happen that the said
Annuity yearly rent charge or sum of seventy pounds or any part thereof shall
be behind or unpaid by the space of twenty one days next after either of the said
days on which the same ought to be paid as aforesaid that then and at all times
after and as often as it shall so happen it shall and may be lawful to and for my
said wife and her assigns into and upon the said Freehold and leasehold messuages
lands Tenements Closes or inclosed (sic) Grounds hereditaments and premises
chargeable therewith or into and upon any part thereof with the Appurtenances
enter and distrain for the same and all arrears thereof and the distress and
distresses then and there found to take load drive and carry away and the same
to detain and keep or otherwise to sell and dispose thereof according to the Laws
concerning distresses for nonpayment of rent until the my said wife or her assigns
shall be paid and satisfied the said Annuity yearly rent charge or Sum of seventy
pounds and all arrears thereof together with all Costs and Charges in and about
recovering the same I also give devise and bequeath unto my said son Samuel
Huckvale All and every my said Freehold and leasehold messuages Lands Tenements
Closes or inclosed Grounds hereditaments and premises with their and every
their rights members and appurtenances so charged with the payment of the said
Annuity of seventy pounds to my said wife as aforesaid and all my estate and
interest therein and to every part thereof respectively subject to the payment of the said
Annuity and the said leasehold premises subject and chargeable as hereinafter is
mentioned To hold the said Freehold and leasehold messuages Lands Tenements Closes
inclosed (sic) grounds hereditaments and premises with their and every of their Appurtenances
(subject and charged as aforesaid and as hereinafter is mentioned) unto my said son
Samuel Huckvale his heirs Executors Administrators and Assigns according to my estate
and interest therein respectively at the time of my decease I give and bequeath
to my son James Huckvale and to my daughters Hannah ffrancis Sarah
Smither Rebecca Huckvale and Ann Gibson the sum of two hundred pounds
each of lawful English money to be paid to them by my Executor hereinafter
named at the end of twelve calendar months next after my decease I also give
and bequeath unto my said son James Huckvale and daughters Hannah ffrancis
Sarah Smither Rebecca Huckvale and Ann the further sum of two hundred
pounds each of like lawful money to be paid to them at the end of one month
next after the death of my said wife And I do hereby subject and charge my
leasehold Estate hereinbefore devised and bequeathed to me said son Samuel
Huckvale and also the residue of my personal Estate and Effects hereinafter
bequeathed to him with the payment of all and every the said several legacies
hereinbefore bequeathed to my said son James Huckvale and daughters respectively
I give and bequeath to my said wife Mary Huckvale the sum of twenty pounds
to be paid to her by my Executor hereinafter named at the end of one month
next after my decease I also give and bequeath to my said wife Mary Huckvale
so much and such part and parts of my household Goods plate Linen China
and furniture washing and brewing utensils as she shall require to and for
her own use and benefit And all the rest and residue of my monies and
securities for money household Goods and furniture Chattels personal Estate and
Effects of what nature or kind soever that I may die possessed of or be in any
wise entitled to at the time of my decease I give and bequeath unto my said son
Samuel Huckvale his Executors Administrators and Assigns to and for his and
their own use and benefit subject and chargeable nevertheless to and with
the payment of all my just debts funeral and Testamentary Expences (sic) and legacies
hereinbefore bequeathed by this my will And I do hereby nominate constitute
and appoint my said son Samuel Huckvale sole Executor of this my last will
and Testament hereby revoking and making void all former and other will and
wills by me at any time heretofore made and do declare this to be my last will
and Testament And I do hereby declare and direct that my said son Samuel Huckvale
his heirs Executors and Administrators shall not be accountable for any loss that
may happen of the said Trust monies and premises or any part thereof unless
the same shall happen by or through his or their wilful neglect or default and
that it shall be lawful for him and them by and out of the said Trust monies
and premises to deduct and retain all such loss Costs charges damages and expenses
as he or they shall sustain expend be at or be put unto for or by reason or performance
of this my will or the trusts hereby in them reposed In witness whereof I the
said Samuel Huckvale the Testator have to this my last will and Testament
contained in five sheets of paper to the first four sheets thereof set my hand and
to this fifth or last sheet my hand and seal this first day of May in the year of
Our Lord one thousand eight hundred and twenty six Samuel Huckvale (SS)
signed sealed published and by the said Samuel Huckvale the Testator declared
as and for his last will and testament the words "shall notwithstanding her present
or any future Coverture" in the first sheet and also the name "Rebecca Huckvale"
in the fourth sheet being first interlined in the presence of us who at his request
in his presence and in the presence of each other have hereunto subscribed our
names as witnesses Thomas Rolls /-/ Edwin Tilsley /-/ George F. Tilsley ./
Codicil
Whereas I Samuel Huckvale of Choice Hill in the hamlet
of Over Norton in the parish of Chipping Norton in the County of Oxford yeoman
have made and duly executed my last will and testament in writing bearing
date on or about the first day of May instant and thereby given and bequeathed
to my son James Huckvale and daughters Hannah ffrancis Sarah Smither
Rebecca Huckvale and Ann Gibson the sum of two hundred pounds each and directed
the same to be paid to them by my Executor in my said will named at the
end of twelve calendar months next after my decease Now I do by this present
writing which I declare to be a Codicil to my said will revoke and make void the
said legacy of two hundred pounds apiece to my said son and daughters and
lieu and stead thereof do hereby give and bequeath to my said son James Huckvale
and daughters Hannah ffrancis Sarah Smither Rebecca Huckvale and Ann Gibson the
Sum of one hundred and fifty pounds apiece and do direct the same to be paid to
them by my Executor at the end of twelve calendar months next after my decease
And I do declare and ordain this writing to be a Codicil to my said will and to be
taken as part thereof and do ratify and confirm my said will in every other particular
thereof that is not hereby altered or revoked In witness whereof I have to this my
Codicil contained in this and part of the foregoing sheet to the foregoing sheet set my
hand and to this sheet my hand and seal this twelfth day of May in the year
of Our Lord one thousand eight hundred and twenty six Samuel Huckvale (SS)
Signed sealed published and by the said Samuel Huckvale declared so and for a
Codicil to be annexed to and taken as part of his last will and Testament In the
presence of us John Wheeler /-/ Mary Higgs /-/ George F. Tilsley //
Probate
Proved at London with a codicil 19th December 1826 before the Worshipful
John Banbery Doctor of Laws and Surrogate by the Oath of Samuel Huckvale the
son and sole Executor to whom Administration was granted having been first sworn duly
to Administer.
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