This is the last Will and Testament of me
Samuel Cave of Desborough in the County of Northampton
Gentleman of sound disposing mind memory and understanding as follows
I give devise and bequeath unto my friends namely Mr Samuel Sarjeant of
Rowell, otherwise Rothwell, Gentleman, Mr James Biggs of Desborough aforesaid
Gentleman, Mr William Fairy of Covington in the County of Bedford Grazier, and
Mr Edward Bates of Kettering Silversmith, and to the Survivors of them, their
Heirs Executors and Administrators, All and every my Messuages, Cottages, Farms,
Lands, Tenements, Hereditaments and premises with their several rights,
privileges and appurtenances situate, standing, lying and being in the several parishes townships or Lordships of Rowell aforesaid, Desborough, Clipstone,
Welham, or elsewhere in the united Kingdom of Great Britain and Ireland,
and also all my personal Estate including live and dead farming stock,
household goods and furniture, money and securities for money, and of every
other name and description upon trust
in the first place to pay out of my said personal Estate all my just
debts, funeral and testamentary expences, and also as soon after my decease as
conveniently may be, put and place out at interest in their own names in some
of the public Funds or Government securities or upon Lands by way of
mortgage, as they shall best approve of, the sum of four thousand pounds and
do and shall pay the interest, dividends and proceeds thereof as the same
shall from time to time grow due and be received unto my daughter
Ann now the
Wife of Samuel Thompson, and which proceeds shall not be at the disposal or
subject or liable to the control, debts or engagements of her present or any
future husband or husbands but only at and for her own sole and separate use
and benefit for and during the term of her natural life, her receipt alone to
be a sufficient discharge to my said Trustees or the Survivors
and from and immediately after her decease, then to pay and apply the said
interest, dividends and proceeds aforesaid unto and for the benefit of all
such Children she may happen to leave living at her decease in their
education, maintenance and bringing up, putting out to learn[?] ??? or otherwise as
my said Trustees, or the Survivors of them, may think most proper until they
shall severally arrive at the age of twenty one years when my said Trustees,
or the Survivors, shall call in so much of the said trust monies as will be
sufficient to pay an equal part or share according to the number of such
Children then living to such one so arriving at the said age of twenty one
respect being first had to the advances such a one may have had made or
enjoyed in any wise during his or her minority or expences for their benefit
as the case may happen to be
provided that in case it shall happen that any
one or more of such Child or Children shall depart his life having lawful
issue, such issue to become entitled to their deceased parents share, but in
case of any such so dying without have any such lawful issue, in such case
the part or share of such so dying to be equally paid and divided amongst
the survivors,
provided further, and my mind and will is, that my said daughter
Ann shall in no wise, or by any ways or means whatsoever, part with, assign,
convey away, or dispose of her life interest, the said sum of four thousand
pounds, or any part or parts of the interest therefrom arising, at any time
during her natural life, and in the event of her so doing or attempting so to
do by any deed or writing by her signed for that purpose in such wise, I
revoke the said bequest legacy or annuity so to her given for the then
remainder of such her natural life, and the said interest dividends and
proceeds aforesaid to be paid and applied in thenceforth for the benefit of
her Children alone and in default of Exeing[?] any such lawful issue living, then
to pay and apply the same unto and for the benefit of my daughter
Mary Jane
and her issue in the same manner as directed to be paid as aforesaid to my
said daughter Ann and her issue
And as to all the Rest, Residue and Remainder of my aforesaid real and
personal Estates, except thereout only such sums as may be hereinafter
mentioned or otherwise required for the purpose of executing the trusts of
this my will, Upon trust they the said Samuel Sarjeant, James Biggs, William
Fairy, and Edward Bates, or the Survivors of them their Executors or
administrators, shall and do as soon after my decease as convenient sell and
convert into ready money all such part or parts of my personal Estate as
shall not consist of money or securities for money, and shall call receive
and get in all such part or parts thereof as consist of monies or securities
for money and shall and do thereupon with all convenient speed then
afterwards invest and place out the monies arising by any sale or sales and
to be called in upon parliamentary or real securities by way of mortgage on
lands as may be thought best and shall and do yearly and every year during
the life of my daughter Mary Jane Cave pay, or cause to be paid, all the
interest, dividends, profits and produce thereof into the proper hands of her,
my said daughter Mary Jane, to and for her own sole separate use and disposal,
or to such person or persons as she by any writing signed by her proper hand
shall from time to time direct, notwithstanding any husband or husbands she
may hereafter marry
and my will is that no husband of my said daughter shall
not intermeddle therewith, neither shall the same be liable to his control,
debts or engagements, neither shall my said daughter in any wise sell, convey
or part with her life interest, or any part or parts thereof, to any person or
persons, and the receipt of my said daughter Mary Jane signed with her proper
hand shall be a good and sufficient discharge for such interest, dividends
and profits to my said Trustees except as aforesaid,
and from and after the
decease of my said daughter Mary Jane then upon trust to pay such
interest, dividends and profits to and for the maintenance, education,
advancement and benefit of all such lawful Children she may leave living at
her decease during their respective minorities, and when they respectively
arrive at the age of twenty one my said Trustees shall call in so much of
the said trust monies as will be sufficient to pay such arriving at the said
age of twenty one an equal part or share thereof, and in case of the decease
of any of such Children before receiving their equal part or share as
aforesaid leaving lawful issue such to be entitled to their deceased parents
share and in case there shall happen to be no child or children of the body
of my said daughter Mary Jane living at her decease, or being any all shall
depart this life under the age of twenty one, then upon trust that my said
Trustees, and the Survivors of them and the Executors or Administrators of
such Survivors, shall and do pay and apply the said interest, dividends,
profits and personal Estate unto and to the use and for the equal benefit of,
all and every the lawful Child and Children of my aforesaid daughter Ann
during their respective minorities, and when they severally arrive at twenty
one to pay an equal part of share thereof to such so arriving at that age,
their respective Executors or administrators
and whereas I have before
directed my said Trustees, or the Survivors, to pay unto my said daughter Ann for
and during the term of her natural life the interest, dividends and proceeds
arising from the sum of four thousand pounds, Now I do hereby further direct
my said Trustees in case it shall happen that my said daughter Ann shall be
left a widow in such case to pay unto her during such her widowhood the
further yearly interest and proceeds of two thousand pounds out of such
residue aforesaid
and subject thereto I give the residue for the benefit of
my said daughter Mary Jane and her issue as aforesaid provided nevertheless
any thing to the contrary in this my will mentioned or contained that it
shall and may be lawful for my said Trustees, or the Survivors of them, to let
out[?] and lease[?] for any number of years not exceeding twenty one, all or any part
or parts of my said real Estates, or from year to year or otherwise sell and
dispose of all, or any part or parts, of my said real Estate by public sale
for the most and best price that my be obtained for the same, and place out
the trust monies therefrom arising upon real or Government security or
securities from time to time as may be most approved of, and pay and apply
the interest, dividends and produce therefrom arising unto my daughter Mary
Jane and her issue as aforesaid
and I direct that the receipt or receipts of
my said Trustees, or the Survivors of them, shall be good discharge or
discharges to the purchaser or purchasers of all or any part of parts of my
said real Estates situate in the parishes of Desborough, Rowell, Clipstone,
Welham or elsewhere, and that such purchaser or purchasers shall not in any wise be
answerable or accountable for the application or nonapplication of such
purchase money or any part thereof nor for any loss which may happen thereto
and further any thing in this my said will contained to the contrary, I do
hereby direct that my said Trustees or the Survivors of them shall have full
power by all lawful ways and means to dispose of my said real and personal
Estates and to act, do and perform all acts necessary thereunto whatsoever
to the intent that my said will and the trusts herein mentioned may be as
fully performed as may be
I give unto Mary Reynolds who now lives with me twenty pounds a year for
and during the term of her natural life, legacy duty free
and I give unto my servant Robert Threadgold the sum of five pounds a
year for and during his natural life, legacy duty free
And I nominate constitute and appoint the said Samuel Sarjeant, James
Biggs, William Fairy, and Edward Bates Executors and Trustees of this my will
and Guardians of my said daughter Mary Jane
and I do hereby direct that my
said Trustees and each of them shall and may deduct and retain by and out of
the said monies, which may from time to time come into their hands by virtue
of this my will, the sum of five pounds a year and also all other costs,
charges, damages and expences which he, they, or any of them shall or may pay,
bear, expend, charge or be put unto for their trouble in about or any wise relating to the said Executorship, or the executing or performing the trusts
aforesaid
and that they or any of them their Executors Administrators or
assigns shall not be charged or chargeable by only each for his own
respective receipts, payments, acts and wilful defaults, and not otherwise, nor
for any sum or sums of money other than such as shall actually come to their
or his own hands respectively by virtue of this my will, nor with any loss or
damage which may happen in placing out any of the monies aforesaid, nor for
any loss or damage which may happen by reason of the Executorships without
his or their wilful neglect
And I do order and direct that whenever, by reason of death or incapacity of
acting, my Trustees are reduced to the number of two then and in such case
such two shall nominate two more respectable persons as Trustees to act in
the place and stead of such two by reason of death or otherwise so incapable
of acting, and shall execute any proper Justiament[?] deed or otherwise to enable such
new Trustees legally to act in all respects as Trustees and Executors and as
though they had been appointed by me the said Testator at the time of
executing this my said last Will and Testament hereby revoking all former
and other will and wills by me made and executed hereby ratifying and allowing
all and whatsoever is in my aforesaid Will mentioned and therein contained
In Witness whereof I, aforenamed Testator Samuel Cave, have to this my said
last Will and Testament contained in eight sheets of paper to the first
seven set my hand and to this eighth and last my hand and affixed my seal
this twenty-fifth day of December one thousand eight hundred and thirty
Samuel Cave :-: Signed sealed published and declared by the said
Samuel Cave 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 subscribed our names as witnesses :-
Wm Burditt :-:
Thomas
Foster :-:
Wm Foster
PROVED at London 3rd September 1831 before the Worshipful William
Cabourley Curtois, Doctor of Laws and Surrogate, by the oaths of Samuel Sarjeant, James Biggs, William Fairy and Edward Bates the Executors to whom
Administration was granted having been first sworn duly to administer.
[added in the margin]
On the 14th February 1863 Letters of Admon (with the Will annexed) of the
personal estate and effects of Samuel Cave late of Desborough in the County
of Northampton, deceased, who died 12th May 1831 at Desborough aforesaid, left unadministered by Samuel Sargeant, James Biggs and William Fairy and Edward
Biggs deceased, whilst living the Executors and Universal Legatees in Trust
named in the said Will, were granted to
David Roche Vandeleur Esquire one of
the Natural and lawful Children of Mary Jane Vandeleur (Wife of
Edward Vandeleur Esquire) formerly Cave, Spinster, deceased, whilst living the
Residuary Legatee for life named in the said Will, and as such having
attained the age of twenty one years one of the Residuary Legatees
substituted[?] in
the said Will having been first sworn, The said William Fairy having survived
his Co Executors and died intestate, And the said Mary Jane Vandeleur having
survived the said deceased
Notes:-
The original will has no punctuation or separate
paragraphs. As this makes it hard to read, particularly online, I have
inserted some punctuation and tried to break the text into separate clauses.
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