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The Will of JOHN HEAD, of Grendon Underwood, Buckinghamshire. Proved 1816 in the Archdeaconry of Buckinghamshire Ref (Bucks RO) D/A/WF/113/13 (original will, probate register copy also held) This is the last will and
testament of me John Head formerly of Marsh Gibbon but now of Grendon
Underwood in the County of Bucks Farrier and Cow Leech who being infirm health
but of sound and disposing mind memory and understanding do make publish and
declare this writing to be my last will and testament in manner and form
following (that is to say) I hereby give and devise and by virtue and in
exercise of every power powers and authority and authorities enabling me in this
behalf limit direct and appoint all my freehold messuage or tenement and all
those my freehold closes pieces or parcels of arable meadow or pasture land or
ground rents real estates hereditaments and premises whatsoever situate standing
lying and being at or in the parish of Grendon Underwood aforesaid or elsewhere
in the said County of Bucks of which I am either seized in fee or over which I
have any power of appointment with all and singular the rights members and
appurtenances thereunto belonging or in any wise appertaining unto my trusty
friends Elisha Campbell of Lower Winchendon in the said County of Bucks
labourer and Benjamin Coles of Ludgershall in the same County
horse-dealer and their heirs and assigns to hold the same hereditaments and
premises and every part parcel and member thereof unto and to the use of the
said Elisha Campbell and Benjamin Coles their heirs and assigns
upon and to and for the several Trusts interests and purposes and subject to and
charged and chargeable as the primary fund with the payment of all my mortgage
and bond debts (if any) affecting the same hereditaments and premises and with
under and subject to the powers provisions limitations conditions and
declarations hereinafter expressed limited declared and contained concerning the
same (that is to say) In Trust for my beloved wife Joanna Head and her
assigns for and during the term of her natural life or until her marriage after
my decease which shall first happen (she or her assigns committing or suffering
no waste or destruction on the said hereditaments and premises keeping them in
repair and insuring all buildings thereon against loss or damage by fire) and
from and immediately after the decease or marriage as aforesaid of my said wife
which shall first happen the In Trust for my son Thomas Head and his
assigns for and during the term of his natural life (without impeachment of
waste) subject to and charged and chargeable with nevertheless with the payment
of all my mortgage and bond debts (if any) affecting the said hereditaments and
premises and of the several legacies or sums of money following (that is to say)
Of the legacy or sum of two hundred pounds to Mary Head Coles (one of the
natural daughters of me and my said wife Joanna Head (formerly Joanna
Coles spinster) before our marriage) Of the legacy or sum of two hundred
pounds to my daughter Elizabeth Head Of the legacy or sum of two hundred
pounds to Sarah Head Of the legacy or sum of one hundred pounds to John
Head Coles (one of the natural sons of me and my said before marriage If and
when they the said Mary Head Coles, Elizabeth Head, Sarah Head
and John Head Coles shall respectively attain the age of twenty one years
or be married whichever shall first happen but not otherwise and to whom
respectively in such case I hereby give and bequeath the same legacies with
interest from the decease or marriage as aforesaid of my said wife at the rate
of five pounds per centum per annum And from and immediately after the
determination of the estate so limited In trust for the said Thomas Head
and his assigns for and during the term of his natural life as aforesaid In
Trust for such person and persons for such estate and estates and upon to and
for such trusts ends interests and purposes as the said Thomas Head shall in and
by and deed or deeds or his last will and testament in writing or any writing
purporting to be such to be by him signed sealed and delivered in the presence
of and attested by two or more credible witnesses limit direct of appoint And in
default of such limitation direction or appointment In Trust for the heirs of
the body of him the said Thomas Head And in default of such issue In
Trust for the said John Head Coles and his assigns for and during the
term of his natural life (without impeachment or waste (subject to and
chargeable with the payment of my said mortgage and bond debts (if any)
affecting the same hereditaments and premises and of the said several legacies
or sums of money hereinbefore mentioned) And from and immediately after the
determination of the estate so limited In Trust for the said John Head Coles
and his assigns for and during the term of his natural life as aforesaid In
Trust for such person and persons for such estate and estates and upon to and
for such trusts ends interests and purposes as the said John Head Coles
shall in and by any deed or deeds or his last will and testament in writing
purporting to be such to be by him signed sealed and delivered in the presence
of and attested by two or more credible witnesses limit direct or appoint And in
default of such limitation direction or appointment In Trust for the heirs of
the body of him the said John Head Coles And on failure of such issues
then In Trust for Richard Head Coles (another of the natural sons of me
and my said wife before marriage) Rebecca Head Coles (another of the
natural daughters of me and my said wife before marriage) Ann Head Coles (also
another of the natural daughters of me and my said wife before marriage) the
said Mary Head Coles my said daughter Elizabeth Head my said
daughter Sarah Head and the
heirs of their respective bodies to be equally divided amongst them share and
share alike as tenants in common and not as joint tenants And on failure of the
issue of any one or more of them the said Richard Head Coles, Rebecca
Head Coles, Ann Head Coles, Mary
Head Coles, Elizabeth Head and
Sarah Head Then as to the original and also any additional or surviving
part and parts share and shares of each any or either of them the said Richard
Head Coles, Rebecca Head Coles, Ann
Head Coles, Mary Head Coles, Elizabeth
Head and Sarah Head of where issue there shall be failure In Trust
for the other or others of them the said Richard Head Coles, Rebecca
Head Coles, Ann Head Coles, Mary
Head Coles, Elizabeth Head and
Sarah Head and the heirs of his her or their body or respective bodies
lawfully issuing And on failure of such issue of all of them the said Richard
Head Coles, Rebecca Head Coles, Ann
Head Coles, Mary Head Coles, Elizabeth
Head and Sarah Head Then
In Trust for my nephew Richard Wyatt of Boarstall in the said County of
Bucks yeoman and his heirs and assigns for ever And I hereby also give and
devise and by virtue and in exercise of all and every power and powers authority
and authorities and enabling me in this behalf direct limit and appoint All
those my several freehold messuages or tenements cottages closes pieces or
parcels of arable and other land or ground rents real estates hereditaments and
premises whatsoever situate lying and being at or in the Parish of Peasemore or
elsewhere in the County of Berks of which I am seized in fee or over which I
have any power of appointment with all and singular the rights members and
appurtenances thereunto belonging or in any wise appertaining unto my friends
the said Elisha Campbell and Benjamin Coles their heirs and
assigns To Hold the said last mentioned hereditaments and premises and every
part parcel and member thereof unto and to the use of the said Elisha
Campbell and Benjamin Coles their heirs and assigns Upon and to and
for the several trusts interests and purposes and subject to and chargeable as
the primary fund with the payment of all my mortgage and bond debts (if any)
owing thereon and secured thereby and with under and subject to the powers
provisoes limitations conditions and declarations hereinafter expressed limited
declared and contained concerning the same (that is to say) In Trust or the said
Richard Head Coles (one of the natural sons of me and my said wife Joanna
Head (formerly Joanna Coles spinster) before our marriage ) and his
assigns for and during the term of his natural life without impeachment of waste
(Subject to and charged and chargeable nevertheless with the payment of my
mortgage and bond debts (if any) affecting the said last mentioned hereditaments
and premises and of the several legacies or sums of money following (that is to
say) Of the legacy sum of two hundred pounds to the said Rebecca Head Coles
Of the legacy sum of two hundred pounds to the said Ann Head Coles Of the
legacy sum of one hundred pounds to the said John Head Coles If and when
they the said Rebecca Head Coles, Ann Head Coles and John Head
Coles shall respectively attain
the age of twenty one years or be married which shall first happen but not
otherwise and to whom respectively in such case I hereby give and bequeath the
same legacies with interest from the time of my decease at the rate of five
pounds per centum per annum) And for and immediately after the determination of
the estate so limited In Trust for the said Richard Head Coles and his
assigns for and during the term of his natural life as aforesaid In trust for
such person and persons for such estate and estates and upon to and for such
trusts ends intents and purposes as the said Richard Head Coles shall in
and by any deed or deeds of his last will and testament in writing purporting to
be such to be by him signed sealed and delivered in the presence of and attested
by two credible witnesses limit direct of appoint And in default of such
limitation direction or appointment In Trust for the heirs of the body of him
the said Richard Head Coles And in default of such issue then In Trust
for the said Rebecca Head Coles, Ann Head Coles, John Head
Coles, Mary Head Coles, Elizabeth Head, Thomas Head and Sarah
Head and the heirs of their respective bodies to be equally divided amongst
them share and share alike as tenants in common and not as joint tenants And on
failure of the issue of any one or more of them the said Rebecca Head Coles,
Ann Head Coles, John Head Coles, Mary Head Coles, Elizabeth
Head, Thomas Head and Sarah Head Then as to the original and
also any additional or surviving part and parts share and shares of each any or
either of them the said Rebecca Head Coles, Ann Head Coles, John
Head Coles, Mary Head Coles, Elizabeth Head, Thomas Head and Sarah
Head of whose issue there shall be such failure In Trust for the other or
others of them the said Rebecca Head Coles, Ann Head Coles, John
Head Coles, Mary Head Coles, Elizabeth Head, Thomas Head and Sarah
Head and the heirs of his her or their body or respective bodies lawfully
issuing and on failure of such issue of all of them the said Rebecca Head
Coles, Ann Head Coles, John Head Coles, Mary Head Coles, Elizabeth
Head, Thomas Head and Sarah Head Then In Trust for my said
nephew the said Richard Wyatt his heirs and assigns for ever Provided
always and it is my will and meaning that it shall and may be lawful to and for
the said Elisha Campbell and Benjamin Coles their heirs and
assigns to cut down sell and convert into money all or any part of the timber
trees now standing growing and being or which shall hereafter stand grow or be
in or upon my said hereditaments and premises in Grendon Underwood aforesaid or
any part thereof and pay and apply the money arising therefrom in or towards
paying off and discharging the mortgage or bond debts (if any) affecting the
same hereditaments and premises and in paying the several legacies hereby
charged thereon and payable thereout Provided also and it is my further will and
meaning that in case any or either of them the said Rebecca Head Coles, Ann
Head Coles, John Head Coles, Mary Head Coles, Elizabeth Head, Thomas
Head and Sarah Head shall happen to depart this life under the age of
twenty one years and unmarried Then and in such case I do hereby give and
bequeath the legacy or sum or respective legacies or sums of money hereinbefore
given and bequeathed to him her or them so dying and charged and payable as
aforesaid unto such of them the said Richard Head Coles, Rebecca Head
Coles, Ann Head Coles, John Head Coles, Mary Head Coles, Elizabeth
Head, Thomas Head and Sarah Head as shall attain the age of
twenty one years or live to be married to be equally divided amongst such of
them if more than one share and share alike as tenants in common and not as
joint tenants and with benefit of survivorship to extend to additional accruing
or surviving as well as to original legacy or legacies part or parts share or
shares I Give and Bequeath all my ready monies and securities for money farming
stock, household goods and furniture effects and personal estate whatsoever and
wheresoever remaining after payment of all my just debts (except such mortgae
bond or other debts (if any) as may be charged upon or affect my said real
estates hereditaments and premises in Grendon Underwood and Peasemore aforesaid)
funeral and testamentary expenses Unto my said beloved wife Joanna Head
fer executors administrators and assigns trusting that she will employ the same
in the best manner she can in the comfortable maintenance of herself and such of
her children as stand mostly in need of assistane And I hereby make nominate
constitute and appoint the said Elisha Campbell and
Benjamin Coles and my said wife Joanna Head
and the survivors and survivor of them Guardians (as far as I can and
lawfully may) over the persons and estates of the said Richard Head Coles,
Rebecca Head Coles, Ann Head Coles, John Head Coles, Mary Head
Coles, Elizabeth Head, Thomas Head and Sarah Head
during their respective minorities And I also appoint the said Elisha
Campbell and Benjamin Coles executors in trust and my said wife Joanna
Head executrix of this my last will and testament hereby revoking annulling
and making void all and every former and other wills and will, codicils and
codicil by me at any times or time heretofore made Provided always and it is my
will that in case either of them the said Elisha Campbell and
Benjamin Coles (my said trustees or any trustee or trustees to be
appointed under this present provision in their or wither of their place shall
depart this life or be desirous of being discharged of and from the aforesaid
trusts or shall go to reside beyond seas or shall neglect or refuse or become
incapable to act in the said trusts before the same trusts shall be fully
executed and performed The and in that case and as soon and as often as that
shall happen it shall and may be lawful to and for the acting trustee or
trustees for the time being or the last acting trustee under this my will or the
heirs executors or administrators of the last acting trustee to nominate any fit
person or persons to supply the place of the trustee or trustees respectively so
dying desiring to be discharges or going to reside beyond seas or refusing or
neglecting or becoming incapable to act as aforesaid And that immediately after
every such appointment the trust estate monies and effects then vested under and
by virtue of this my will in the trustee or trustees so dying desiring to be
discharges or going to reside beyond seas or refusing or neglecting or becoming
incapable to act as aforesaid shall be conveyed assigned and transferred to and
in such manner that the same may vest in such new trustee or trustees jointly
with the surviving or continuing trustee or trustees or solely as the case may
require and in his her or their heirs executors administrators or assigns Upon
the Trusts hereinbefore expresses or declared concerning the same And that every
such new trustee shall have and may exercise the same powers privileges and
authorities of approbation consent discretion and of giving effectual receipts
maintenance advancement and education and all other powers and authorities
whatsoever as if he had been appointed a trustee by this my will and as if his
name had been inserted in this my will instead of the name of the trustee hereby
appointed in or to whose place such new trustee or trustees respectively shall
come or succeed And lastly my will and mind is and I do hereby order and direct
that it shall and maybe lawful to and for all any or either of them the said
trustees their or any or either of their heirs executors or administrators by
and out of all and every or any part of the rents of my said real estates
hereinbefore given and devised to them upon the trusts aforesaid or out of such
other monies as under and by virtue of the trusts in this my will contained
shall come to his or their or any or either of their hands from time to time and
at all times to deduct and retain pay satisfy and reimburse to themselves and
himself and to his and their co-trustee and co-trustees all and all manner of
loss costs charges damages and expenses whatsoever which he or they or any of
them shall or may at any time or times pay bear suffer sustain expend or be put
unto in or about my said trust estates effects and premises or any or either of
them or any part or parcel thereof or in or about the execution or performance
of all or any of the trusts hereby in them reposed or otherwise touching or
concerning the same An that my said trustees and the survivors and survivor of
them his heirs executors and administrators shall and may from time to time
alter vary and transform the stocks funds and securities in or upon which my
personal estate or the produce thereof shall from time to time be invested And
that the said trustee or trustees for the time being shall and may consent to
the transfer of any mortgage on any part of my real estate and have full power
to admit and ascertain what is the amount of the money due on such mortgage
(which admission shall be binding on all parties claiming any benefit under this
my will) And also to make leases of all or any part of my said lands and
hereditaments for any term or number of years not exceeding seven years so as
every such lease shall be made with the consent in writing of the person or
persons who for the time being shall be entitled to the rents of the said
hereditaments and premises respectively in case and only in case such persons or
persons respectively shall be of the full age of twenty one years and as to a
minor or minors in the discretion of the said trustee or trustees for the time
being and shall or may apply the rents interest and income of each of the said
children respectively during his or her minority in or towards his or her
maintenance education and advancement and in such other manner for his or her
benefit as the same trustee or trustees shall in his or their discretion deem
reasonable And that the my said trustees for the time being or any or either of
them their or any or either of their heirs executors or administrators shall not
be answerable or accountable for any more of my said real and personal trust
estates effects and premises or any of the trust monies which by virtue of this
my will shall come to his or their or either of their hands that what he and
they shall respectively actually receive Nor shall they or any or either of them
be charged or chargeable with or answerable or accountable for the acts deeds
receipts neglects or defaults f the others or other of them but each of them for
his own acts deeds receipts neglects and defaults only Nor shall they or either
of them be charged or chargeable with or answerable or accountable for any
involuntary loss that shall or may arise or happen in or to any part of my said
trust estates monies effects and premises or to any bank or bankers stocks funds
mortgages or securities wherein or whereupon the sum or any part thereof shall
from time to time be laid out and invested lent and advanced put or placed. In
Witness whereof I the said John Head the testator have to this my last
will and testament written upon one side of nine sheets of paper set my name and
seal (that is to say) my name at the bottom of each of the eight preceding
sheets and my name and seal to this ninth and last sheet thereof the
twenty-third day of June in the year of our Lord one thousand eighteen hundred
and fifteen. John Head The writing contained in this sheet and the eight preceding sheets of paper was signed sealed published decalred and delivered by the said testator John Head as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunder signed out names as witnesses to and attesting the execution and publication thereof. John
King Attorney, Buckingham William Kibble,
Edgcott Thomas King, Edgcott Cover: Probate Apr 17th 1816 Transcription by P Wood, Feb 2007
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