This
is the last Will and Testament of me Joseph Morris of Desborough in the
County of Northampton, Farmer, whereby I dispose of my Personal Estate in
manner and form following (that is to say)
I give and bequeath unto the
Reverend William
Brotherhood of Desborough aforesaid, Clerk, and
James Biggs of
the same Place, Gentleman, and the survivor of them and the executors and
administrators of such survivor the sum of four hundred pounds upon trust
that they my said Trustees and the survivor of them, his executors or
administrators, do and shall place the same out at interest upon such
Elizabeth and Hugh Price - their surname was more commonly
given as Aprice. The change may have arisen from Joseph's
speech. He was illiterate (he made his mark rather than signing his Will) and would not have
been able to read the document for himselfsecurity as they shall best approve of and pay and apply the interest
arising therefrom as the same shall from time to time become due and be
received by them unto my Nephew
Hugh Price the Son of my Sister
Elizabeth Price and my Nephew William
Morris Son of my brother
Samuel Morris to
be equally divided between them share and share alike to be paid half yearly
or as near thereto as my said Trustees shall or may receive the same for and
during the terms of the natural lives of my said Nephews Hugh Price and
William Morris and from and after the decease of them, my said Nephews, in
trust to pay and apply the monies so directed to be placed out at interest
as aforesaid in the same manner I have directed the residue of my personal
Estate to be paid and applied, and when either of them, my said Nephews Hugh
Price and William Morris, shall depart this life then in trust to pay the
sum of two hundred pounds, part of the said sum of four hundred pounds, in
the same manner I have directed the Residue of my said personal Estate to be
paid and applied
I give and bequeath unto my Nephew
Joseph Morris,
Son of my brother Samuel Morris, the sum of one hundred pounds to and for
his own use absolutely. Also I give and bequeath unto my Nephew
Henry Iliff,
Son of my Sister Martha Iliff, the sum of one hundred pounds to and for his
own use absolutely. Also I give and bequeath unto my Niece
Martha Haddon,
Daughter of my said Sister Martha Iliff, the sum of one hundred pounds to
and for her own use absolutely, which said three several Legacies I direct
shall be paid by my Executors after named within twelve calendar months next
after my decease
All the rest residue and remainder of my ready monies and securities for
money, Household Goods, furniture, plate, linen, china, Implements of
household, farming Stock, Crop, Cattle, Chattels, Effects and personal
Estate whatsoever and wheresoever I give and bequeath unto my said Trustees,
the said William Brotherhood and James Biggs, upon trust that they, or the
survivor of them and the executors and administrators of such survivor, do
and shall as soon as conveniently may be after my decease convert into money
such part of my said personal Estate as shall not consist of money, and by
and with the same together with my ready money and the money already out at
interest in the first place pay and discharge all my just debts, my funeral
expences, and the charges of proving this my Will, and all other incidental
expenses, and then in trust to put, place, and continue out at interest all
the residue and remainder of the money then in their hands upon such
securities as may be best approved of by my said Trustees and my nieces
Mary Biggs and
Ann Marvin, the
daughters of my Sister
Ruth Ball, and pay and apply the interest arising therefrom as the same
shall from time to time be arise and become due and be received by my said
Trustees unto my said two nieces the said Mary Biggs and Ann Marvin during
their joint lives equally share and share alike.
Coverture - the legal concept that, on marriage, a woman's legal rights were merged
with those of her husband. A married woman could not own property, sign legal documents or enter into a
contract, obtain an education against her husband's wishes, or keep a salary for herself. [
from
Wikipedia]
And I do hereby declare
that the receipt and receipts of my said Nieces Mary Biggs and Ann Marvin
shall be good and sufficient discharges to my said Trustees notwithstanding
their coverture.
And upon the decease of either of them, my said Nieces Mary Biggs and Ann
Marvin, in trust that they, my said Trustees the said William Brotherhood
and James Biggs and the survivor of them, do and shall pay and apply the
whole of the interest arising from the Residue of my said personal Estate
unto the survivor of them my said Nieces Mary Biggs and Ann Marvin during
the life of the survivor of them. And also in trust to pay and apply the
Principal of such residue of my said personal Estate in such way and manner
and to and for such use and uses and intents and purposes as the survivor of
them, my said Nieces Mary Biggs and Ann Marvin, by any Deed or Deeds,
Writing or Writings, under her hand and seal to be executed in the presence
of and attested by two or more credible Witnesses, or by her last Will and
Testament in writing, or any Codicil or Codicils thereto duly executed in
the presence of and attested by two or more credible Witnesses, shall limit
declare direct or appoint and in default thereof then in trust that they my
said Trustees, and the survivor of them and the executors and administrators
of such survivor, do and shall pay and apply such principal money into the
legal Representatives of such survivors of my said two Nieces Mary Biggs and
Ann Marvin, as aforesaid provided always
and I do hereby direct and declare that neither of my said Trustees shall
be answerable or accountable for the insufficiency or deficiency of any
Securities, Stocks or Funds in, or upon which, the said trust monies shall,
or may be placed out, or invested, nor for any Banker or other person with
whom or in whose hands any part of the said Trust monies shall or may be
deposited, or lodged for safe custody, or otherwise in the execution of the
trust aforesaid, nor for any money that shall actually come into their hands
and be lost, unless the same shall be lost through their wilful neglect or
default, neither shall they or either of them be answerable or accountable
the one for the other of them, nor for the acts defaults or deeds of the
other of them but each of them for his own acts defaults and deeds only
and I do hereby direct and declare that it shall and may be lawful to and
for my said Trustees to detain to themselves the sum of ten pounds apiece
which I hereby give and bequeath to them, the said William Brotherhood and
James Biggs, for their trouble and also to reimburse themselves further for
all charges, journies, and expences which he and they may be put unto in
about the execution of this my Will and the trusts thereby in them reposed
and lastly I do hereby nominate constitute and appoint them my said
Trustees, the said William Brotherhood and James Biggs, joint Executors of
this my Will hereby revoking all former and other Will and Wills by me at
any times or time heretofore made and declaring this and this alone to be
and contain my true last Will and Testament
In witness whereof I, the said Joseph Morris, the testator here to this
my last Will and Testament contained in four sheets of paper set my hand and
seal (to wit) my hand to the three preceding sheets and my hand and seal to
this fourth or last sheet the nineteenth day of May in the year of our Lord
one thousand eight hundred and fourteen. The mark of Joseph X Morris
Joseph Morris - Signed sealed published and declare by the above named
Joseph Morris the Testator as and for his last Will and Testament in the
presence of us who in his presence and in the presence of each other have
hereunto subscribed our names as Witnesses - Saml Goodman -
John Lansbury -
Charles Penn
Proved at London 20th February 1819 before the Judge by the oath of James
Biggs one of the Ex'ers to whom admon was granted hav'g been first sworn (by
Comon) duly to adm'r Power reserved to the Revd William Brotherhood
Clerk the other Ex'er