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Will (1854) and Probate (1854) of William Huckvale of Over Norton, Oxfordshire - TNA PROB 11/2196/53

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Date: [unknown] [unknown]
Location: Over Norton, Oxfordshire, England, United Kingdommap
Surnames/tags: huckvale maddox
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PROB 11/2196/53; The National Archives, Kew, London

Transcribed by Nicholas Adams

Contents

Will

This is the last Will and Testament
of me William Huckvale of Over Norton in the County of Oxford Yeoman I
give and devise All that my freehold messuage or tenement wherein I now
reside with the Yard Garden Barn Stable Outbuildings and appurtenances
thereunto belonging together with the Close or Orchard near and belonging to

the said Messuage And also all those several freehold closes or inclosed grounds
of Arable Meadow and Pasture Land to the said messuage and premises belonging
containing on estimation One hundred and forty acres or thereabouts more or less
and now also in my own occupation with their respective appurtenances unto my
nephew William Huckvale of Bruern in the County of Oxford Farmer my nephew
William Pratt of Taugley in the same County Farmer and my son in law John
Fowler Maddox
of Shipton under Wychwood in the same County Farmer their
heirs and assigns To the use of my Wife Rebecca Huckvale and her assigns for
and during the term of her natural life I give and bequeath all those several
closes or inclosed grounds of arable and pasture land situate and being in Over
Norton aforesaid now also in my own occupation which I hold under the dean
and Chapter of Gloucester with their appurtenances unto the said William
Huckvale
William Pratt and John Fowler Maddox their executors administrators
and assigns In trust for my said Wife Rebecca Huckvale and her assigns during
the term of her natural life or during so many years of the term under which
I hold the said closes or inclosed grounds as she my said Wife may happen to
live Subject nevertheless to and upon the condition that my said Wife shall
pay the annual rent and other outgoings payable in respect of the said last
mentioned Closes And also from time to time at the proper and accustomed
periods pay the fine fees and other expences of obtaining a renewal in the names
or name of my trustees or trustee for the time being of the Lease under which
I hold the said closes or inclosed grounds And from and immediately after the
decease of my said Wife Upon trust that they my said trustees or the survivors
or survivor of them or other the trustees or trustee for the time being of this my
Will so and shall, subject to the proviso first hereinafter contained, make sale
and absolutely dispose of my said freehold messuage or tenement with the yard
garden barn stable outbuildings and appurtenances close or orchard closes or
inclosed grounds of arable meadow and pasture land with their respective
appurtenances And also of my said several closes or inclosed grounds held under
the dean and Chapter of Gloucester with their appurtenances by Public Auction
or Private Contract in such Lots manner and form as to them my trustees or trustee
for the time being shall seem best with liberty to buy in the same or any part
thereof as any Auction and resell the same without responsibility for any loss
by such resale And so and shall stand and be possessed of the clear money
or proceeds to arise by or from such sale or sales as aforesaid after payment of
the expences attending the same Upon the trust and to and for the ease intents
and purposes hereinafter mentioned expressed or declared of and concerning the same
Provided always and I do hereby declare it to be my Will and mind that
previously to offering my said freehold and Leasehold Estates for sale as hereinbefore
is mentioned my said trustees or trustee for the time being do and shall offer the
same to my daughters Rhoda Maddox and Mary Huckvale in succession at
or for the price or sum of Six thousand seven hundred and fifty pounds the sum
of four thousand five hundred pounds only being paid by the daughter so purchasing
to my trustees and the sum of two thousand two hundred and fifty pounds the
residue of the said sum of Six thousand seven hundred and fifty pounds being
brought into hotchpot as hereinafter mentioned And in case either of them my
said daughters shall be willing to purchase the same at that sum (my said
daughter Rhoda having the priority of choice) then my said trustees or trustee
do and shall sell the same accordingly such offer and sale as aforesaid nevertheless
to be upon this Condition that if my said daughter Rhoda or my said daughter
Mary shall elect to purchase my said Estates as aforesaid Then the one so
electing to purchase as aforesaid is she shall have a husband then living do
and shall cause the said Estates to be conveyed settled and assured to the
separate use of and in trust for such daughter so purchasing during her life
with remainder To the use of or in trust for all the children of such daughter
and their respective heirs executors and administrators as tenants in common
if more than one and if but one such child To the use of or in trust for such

only child his or her heirs executors and administrators or as near thereto
and in such way and manner as the nature and tenure of the said Estates
respectively will permit and the Law allow And in the general distribution of
the residue of my monies estate and effects hereinafter disposed of the daughter
so purchasing as aforesaid shall be considered to have received the sum of
Two thousand two hundred and fifty pounds towards her share and shall bring
such sum into hotchpot before receiving or being entitled to any share in or any
benefit from the residue of my monies estate and effects I give and bequeath
all my household goods and furniture plate linen and china live and dead farming
stock implements and utensils in husbandry unto the said William Huckvale
William Pratt and John Fowler Maddox Upon trust to permit and suffer my
said Wife Rebecca Huckvale to have the use and enjoyment thereof during the
term of her natural life And from and immediately after her decease Upon
trust that my trustees or trustee for the time being do and shall make sale and
absolutely dispose of my said household goods and furniture plate linen china
live and dead farming stock implements and utensils in Husbandry or such as
shall have been substituted in lieu thereof And do and shall stand and be
possessed of the clear money or proceeds to arise by or from such sale or sales
Upon the trusts and to and for the ends intents and purposes hereinafter mentioned
expressed or declared of or concerning the same Provisos always and I do hereby
declare that in case my said Wife shall so desire and request it shall and may
be lawful to and for my trustees or trustee for the time being at any time or times
during the life of my said Wife to make sale and absolutely dispose of my said
household goods and furniture plate linen china live and dead farming stock
implements and utensils in husbandry or any part or parts thereof respectively And
in such case my trustees or trustee for the time being do and shall lay out and
invest the clear money or proceeds arising by or from such sale or sales as last
aforesaid at interest in or upon Government real or other good and sufficient security
or securities with power from time to time at discretion to alter vary and transpose
such securities And do and shall pay the interest and dividends of such trust monies
and securities unto my said Wife for her own use during her natural life And
from and immediately after her decease do and shall stand possessed of the
principal trust monies and securities Upon the trusts and to and for the ends
intents and purposes hereinafter mentioned expressed or declared of and concerning the
same I give devise and appoint all that my messuage or tenement situate and
being in Chipping Norton in the County of Oxford and now in the occupation of
John Berry with the yard garden and appurtenances thereunto belonging unto
the said William Huckvale William Pratt and John Fowler Maddox their
heirs and assigns Upon trust to permit and suffer my daughter Elizabeth Huckvale
to occupy and enjoy the said messuage or tenement and premises and for her sole
separate and exclusive use and benefit during the term of her natural life
independent of and not to be subject to the control or interference of her present or
any future husband or otherwise at the discretion of my trustees or trustee for
the time being do and shall let and set the said messuage or tenement and premises
during the natural life of my said daughter Elizabeth and pay and apply the
rents and profits thereof to and for the sole separate and exclusive use of my
said daughter independent of and not to be subject to the debts control or
engagements of her present or any future husband And from and immediately
after the decease of my said daughter Elizabeth my said trustees or trustee shall
stand and be seized of the said messuage or tenement and premises with the
appurtenances To the use of the eldest son of my said daughter Elizabeth who
may survive her his heirs and assigns for ever I give devise and appoint all
those my several cottages or tenements situate and being in Over Norton aforesaid
with their respective appurtenances and all other my real estate not hereinbefore
disposed of unto the said William Huckvale William Pratt and John Fowler
Maddox
their heirs and assigns Upon trust that they the said William
Huckvale
William Pratt and John Fowler Maddox or the survivors or

survivor of them his heirs or assigns do and shall as soon as conveniently
may be after my decease make sale and absolutely dispose of the said cottages
or tenements and real estate by Public Auction or Private Contract with liberty
to buy in the same at any Auction and resell the same without responsibility
for any loss by such resale And after payment of the expences attending such
sale or sales do and shall stand possessed of the clear money or proceeds arising
therefrom Upon the trusts and to and for the ends intents and purposes herein
after mentioned expressed or declared of and concerning the same I give and
bequeath all my monies and securities for money and all the residue of my
personal estate and effects of every sort and kind unto the said William
Huckvale
William Pratt and John Fowler Maddox their executors adminis-
trators and assigns Upon trust to collect and get in the same and after payment
thereout of my just debts funderal and testamentary expences to stand possessed
of the residue thereof Upon the trusts and to and for the ends intents and
purposes hereinafter mentioned expressed or declared of and concerning the
same And it is my Will and I do hereby declare that the said William
Huckvale
William Pratt and John Fowler Maddox or the survivors or
survivor of them or the executors administrators or assigns of such survivor do and
shall stand and be possessed of the clear money or proceeds to arise by or from
the sale or sales of my freehold and Leasehold Estates hereinbefore selected to be
sold Subject to the proviso first hereinbefore contained And also of the clear
money or proceeds to arise by or from the sale or sales of my household
goods and furniture plate linen china live and dead farming stock implements
and utensils in husbandry And also of the clear money or proceeds to arise from
the sale or sales of the cottages or tenements and real estate hereinbefore
directed to be sold and also of the clear monies or proceeds to arise from my
monies and securities for money and the residue of my personal estate and
effects after such payments thereout as aforesaid Upon trust to devise the same
into three equal parts or shares And do and shall lay out and invest one of
such third parts or shares in the public stocks or funds or in or upon Govern-
ment real or other good and sufficient security or securities with power from
time to time to alter vary and transpose such stocks funds and securities at
discretion And do and shall during the life of my said daughter Elizabeth
Huckvale
pay the interest dividends and annual proceeds of the said last mentioned
trust monies stocks funds and securities into the proper hands of my said daughter
Elizabeth Huckvale to and for her sole and separate use and benefit independent
of and not to be subject to the debts control or engagements of her present
or any future husband And from and immediately after the decease of my
said daughter Elizabeth do and shall stand possessed of the said last mentioned
trust monies stocks funds and securities In trust for all the children of my said
daughter Elizabeth to be equally divided between and amongst them if more
than one share and share alike and if but one such child In trust for such
only child And do and shall lay out and invest one other of such third parts or
shares in the public stocks or funds or in or upon Government real or other
good and sufficient security or securities with power from time to time to alter
vary and transpose such last mentioned stocks funds and securities at discretion
And do and shall during the life of my daughter Rhoda Maddox pay the
interest dividends and annual proceeds of the said last mentioned trust monies
stocks funds securities into the proper hands of my said daughter Rhoda
Maddox
to and for her sole and separate use and benefit independent of and not to
or subject to the debts control or engagements of her present or any future husband
And from and immediately after the decease of my said daughter Rhoda do
and shall stand possessed of the said last mentioned trust monies stocks funds and
securities In trust for all the children of my said daughter Rhoda to be equally
divided between and amongst them if more than one share and share alike
and if but one such child In trust for such only child and do and shall pay and
transfer the remaining one third part or share to my daughter Mary

Huckvale
to and for her own use and benefit I devise all mortgage and
trust estates vested in me unto the said William Huckvale William Pratt and
John Fowler Maddox their heirs executors administrators and assigns subject to and
upon the equities and trusts affecting the same Provided always and I do hereby
declare that the receipt and receipts of my said daughters Elizabeth Huckvale and
Rhoda Maddox respectively for any monies payable to them respectively under
this my Will shall be good and sufficient discharges for the same not with
standing their respective coverture Provided also and I do hereby declare that
in case any or either of the children of my said daughters Elizabeth and
Rhoda shall be under age at the time of the respective decease of their
respective Mother Then and in such case the trustees or trustee for the time
being of this my Will shall pay the interest dividends and annual proceeds of
the share or shares of the child or children so under age respectively in for or
towards his her or their respective maintenance education and benefit during
his her or their respective minorities And it shall also be lawful for the trustees
or trustee for the time being at any time or times during the minority of any or
either of such children with the consent of their respective parents if living
to pay and apply any part of the principal of their respective shares for their
respective apprenticeship benefit or advancement in the world Provided also
and I do hereby declare that on the sale or sales of my freehold and lease-
hold hereditaments real estate and premises hereinbefore directed to be sold
the receipt and receipts of the trustees or trustee for the time being acting in
the execution of the trusts of this my Will shall be good and sufficient discharge
to the purchaser or respective purchasers thereof or of any part thereof for
the purchase money or monies paid by him her or them respectively And tha[t]
such purchaser or respective purchasers shall not afterwards be obliged or
concerned to see to the application of the money or monies paid by him her
or them respectively or be answerable or accountable for the misapplication or
nonapplication thereof respectively Provided always that if the Trustees hereby
appointed or to be appointed as hereinafter is mentioned or any or either of
them shall die or refuse or become incapable to act in the execution of the
trusts herein contained Then the surviving or continuing trustees or trustee or
the executors or administrators of the last surviving trustee shall and may appoint
any other person or persons to be a trustee or trustees in the room of the
person or persons so dying refusing or becoming incapable to act as aforesaid
and thereupon all the trust estates monies and premises shall be conveyed and
assigned so that the same may be effectually vested in such new trustee or
trustees jointly with the surviving or continuing trustees or trustee or solely as
the case may require upon and for the trusts ends intents and purposes herein
before expressed and declared and every such new trustee shall have all the
powers and authorities of the trustee in whose room he shall be substituted
And I do declare constitute and appoint the said William Huckvale William
Pratt
and John Fowler Maddox Executors of this my last Will and Testa-
ment And lastly I do hereby declare and direct that my said Trustees and
Executors or any or either of them their or any or either of their heirs
executors or administrators shall not be charged or chargeable with or for
any sum or sums of money other than what they shall respectively actually
receive by virtue of the trusts hereby in them reposed notwithstanding they or
any or either of them shall join in any receipts for the sake of conformity
nor with or for any loss which may happen to the trust estates monies and
premises or any part thereof so as such loss happen without their wilful
neglect or default and that one of them shall not be answerable or accountable
for the other or others of them or for the acts receipts neglects or defaults of the
other or others of them but each of them only for his own acts receipts neglects and
defaults And also that it shall be lawful for them my said trustees and their
heirs executors and administrators by with and out of the monies which shall
come to their respective hands by virtue of the trusts aforesaid to retain to and

reimburse themselves respectively and allow to his and their cotrustee all
such costs charges and expences as they or any or either of them shall or
may respectively sustain expend or be put unto in or about the execution of
the trusts in them hereby reposed or in anywise relating thereto In witness
whereof I the said William Huckvale the testator have to this my last
Will and Testament contained in seven sheets of paper to each sheet thereof set
my hand the ninth day of May one thousand eight hundred and fifty four
William Huckvale – Signed and Acknowledged by the said testator William
Huckvale
as his Will in the presence of us present at the same time and
Who in his presence and in the presence of each other have hereunto subscribed
Our names as witnesses the interlineation between the twenty second and twenty
third lines of the first sheet having been first made and the interlineation between
the third and fourth and the fifteenth and sixteenth lines of the sixth sheet having
been also first made – Geo: T TilsleyH. T. Wilkins Solicitors Chipping Norton


Codicil

This is a codicil to the last Will and Testament of me William
Huckvale
of Over Norton in the County of Oxford Yeoman dated the ninth
Day of May instant I give and bequeath the sum of One thousand pounds
Stock standing in my name in the Great Southern and Western Railway
Company in Ireland unto my daughter Mary Huckvale to and for her own
use and benefit in addition to what I have given to her in and by my said
Will And in all other respects I hereby confirm my said Will In witness
whereof I have hereunto set my hand the twenty first day of May one
thousand eight hundred and fifty four – William Huckvale – Signed and
Acknowledged by the said Testator William Huckvale as a Codicil to his
Will in the presence of us present at the same time who in his presence and
In the presence of each other have hereunto subscribed our names as witnesses
Maria Kecks Over Norton – H. T. Wilkins


Probate

Proved at London with a Codicil 4th August 1854 before the Judge
on the Oaths of William Huckvale and William Pratt the Nephews and
John Fowler Maddox the Executors to whom Adm[inistrati]on was granted having
Been first sworn by Comon duly to administer.





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