Will of Ann Hazzard, widow, 1845 (proved 1851)

Herts RO 287AW2

This is the last Will and Testament of me Ann Hazzard of Winslow in the County of Bucks Widow  First I give and devise unto my son James Hazzard and my esteemed friend Joshua Lewin French of Winslow aforesaid Ironmonger All that my Copyhold Messuage Tenement  or Public House situate standing and being in Winslow aforesaid in the occupation of my Son in Law William Jones and called or known by the name or sign of the Three Pigeons with the bakehouse yard garden and all other the appurtenances thereto belonging To hold the same and every part thereof unto the said James Hazzard and Joshua Lewin French their Heirs and Assigns Upon Trust that they the said James Hazzard and Joshua Lewin French or the survivor of them or his Heirs do and shall as soon as conveniently may be after my decease carry into effect the agreement some time since entered into by me with him the said William Jones for the sale thereof to him and do and shall receive the balance which shall at my decease remain due from him in respect of the purchase Money contracted to be paid for the same and upon receipt thereof duly surrender and convey the same hereditaments and premises unto and to the use of the said William Jones his Heirs and Assigns or as he or they shall direct or appoint And do and shall pay apply and dispose of the balance of such purchase money in like manner as is hereinafter directed with respect to the residue of my personal estate and effects  Also I give and devise unto my daughter Mary Hinton Widow All that my Copyhold Cottage or Tenement situate standing and being in Winslow aforesaid adjoining the said Messuage Tenement or Public House called or known by the name or sign of the Three Pigeons and now in the occupation of the said Mary Hinton with the rights members and appurtenances thereto belonging To hold the same unto the said Mary Hinton and her Assigns during the term of her natural life subject nevertheless to and charged with the Payment of the sum of twenty pounds and Interest secured to the said William Jones by my promissory note of hand or so much thereof as shall be due at the time of
[signed] Ann Hazzard

[p.2] my decease  And from and after the decease of the said Mary Hinton I give and devise the said last mentioned Cottage or Tenement Hereditaments and premises with the appurtenances unto Ann Hinton (daughter of the said Mary Hinton) To hold the same unto and to the use of the said Ann Hinton her Heirs and Assigns for ever Subject nevertheless and charged as aforesaid and also subject to the payment of the legacy or sum of nineteen pounds and nineteen shillings to each of her two Brothers James Hinton and Edward Hinton and her sister Sarah Hinton when and as they shall severally and respectively attain the age of twenty one years  And in case of the decease of the said Ann Hinton under the age of twenty one years and without Issue I give and devise the last mentioned Cottage ... after the decease of my said Daughter Mary Hinton unto the said James Hinton To hold the same unto and to the use of the said James Hinton his Heirs and Assigns for ever Subject nevertheless to and charged with the said sum of twenty pounds and Interest or so much thereof as shall then remain due and also subject to the payment of the legacy or sum of twenty five pounds each to his said brother Edward Hinton and sister Sarah Hinton on their severally attaining the age of twenty one years  And in the event of either or any of my said Grandchildren James Hinton Edward Hinton and Sarah Hinton dying under the age of twenty one years and without Issue I direct that the legacy or legacies hereinbefore given to him her or them respectively shall not lapse but be paid to the survivor or survivors of all my said Grandchildren hereinbefore named (including the said Ann Hinton and James Hinton) equally share and share alike  And it is my particular desire that all my said Grandchildren shall after the death of my said Daughter Mary Hinton during their respective minorities have the liberty of residing in the said Cottage or Tenement and premises with the said Ann Hinton or James Hinton (as the case may be) with \out/ paying or making any satisfaction for the same (except that no interest shall be paid on any or
[signed] Ann Hazzard

[p.3] either of the said legacies so long as the said legatees shall be permitted so to reside in the said premises)  And I give and bequeath unto the said James Hazzard and Joshua Lewin French All my household Goods and Furniture ready Money and securities for Money debts chattels rights credits and all other my personal estate and effects whatsoever and wheresoever and of what nature or kind soever To hold the same and every part thereof and all my estate and interest therein and thereto unto the said James Hazzard and Joshua Lewin French their Executors Administrators and Assigns Upon Trust with all convenient speed after my decease to convert the same into money and by and out of the same and the monies to be received of the said William Jones ... as aforesaid to pay all such incumbrances as shall at the time of my decease affect my said hereditaments ... and all my other just debts (except the said principal sum of twenty pounds with the Interest so due and owing to the said William Jones as aforesaid and directed to be paid by my said Daughter Mary Hinton) my funeral and testamentary expences  And in the next place to pay thereout to my Granddaughter Ann Bignell the Legacy or sum of five pounds sterling and to pay share and divide the residue of the same Monies remaining after answering the several purposes aforesaid unto and among my Sons and Daughters John Hazzard James Hazzard Ann Bowler Widow and Sarah the wife of the said William Jones equally part and share alike to whom I do hereby give and bequeath the same accordingly.  And I hereby nominate ... the said James Hazzard and Joshua Lewin French Executors of this my last Will and Testament and do hereby revoke and make void all former and other Wills by me at any time heretofore made And my mind and will is and I do hereby declare and direct that the receipt or receipts of the said James Hazzard and Joshua Lewin French or the survivor of them his Heirs or Assigns shall be good and sufficient discharges to the said William Jones
[signed] Ann Hazzard

[p.4] ... for so much money as in and by such receipts shall be expressed to be received.  And after such receipt or receipts the said William Jones ... shall be absolutely acquitted and discharged of and from the same  and they or any of them shall not be answerable or accountable either in Law or Equity for any loss or damage which shall or may happen from or by reason of the misapplication or nonapplication of the said purchase Money ... And my mind and Will also is ... that my said Executors and Trustees shall each of them be answerable and accountable for his own acts deeds receipts and disbursements only  ... And also that they shall retain all their costs charges damages and expences ... In witness whereof I the said Ann Hazzard the Testatrix have to every sheet of this my will contained on four sheets of paper set my hand this tenth day of May in the year of our Lord one Thousand eight hundred and forty five
[signed] Ann Hazzard

This sheet of paper and the three sheets hereto Annexed were severally signed by the said Testatrix Ann Hazzard in the joint presence of us who in her presence and the presence of each other have hereunto subscribed our names as witnesses thereof the word "out" being first interlined between the second and third lines from the bottom of the second sheet
[signed] Dav Tho Willis
Benj  Cole his Clerk

[endorsed] Archdeaconry of St Alban
The 24th day of March 1851
James Hazzard and Joshua Lewin French the Executors in this will named were duly sworn as such and that the personal estate of the testatrix doth not amount in the whole to the sum of twenty pounds to the best of their knowledge and belief
Before me
W W McCreight  Surrogate

Notes

Ann Hazzard, nee Markham (bur. 8 April 1850 aged 90), was the owner of the Three Pigeons at 27 High Street which she inherited from her husband James Hazzard (1765-1822), q.v. for more about the family. The cottage which she left to her daughter Mary Hinton was 25 High Street (Lime Cottage).

The 1851 manor court book recorded the following repayment of a mortgage to her brother John Markham (d.1838):

Also at this Court the Homage aforesaid upon their oath present That Philip Goode of Hewland Street Fitzroy Square in the County of Middlesex Gentleman surviving Executor named in the last Will and Testament of John Markham formerly of Winslow in the County of Bucks and afterwards of No. 261 Tottenham Court Road in the Parish of St Giles in the Fields in the County of Middlesex Gentleman deceased died since the last Court holden for this Manor and out of Court (to wit) on the eleventh day of April last acknowledge to have received the several principal sums of One hundred pounds and One hundred pounds due and owing upon or by virtue of two several Conditional Surrenders to the said John Markham of certain Copyhold Hereditaments of Winslow aforesaid within this Manor one of them being made by James Hazzard and Ann his Wife bearing date the first day of November One thousand eight hundred and eighteen and the other being made by the said Ann Hazzard (then a Widow) and bearing date the third day of June One thousand eight hundred and twenty three and all interest for the said principal sums respectively And he did also acknowledge that principal sum of One hundred pounds secure to the said John Markham by another Conditional Surrender from the said Ann Hazzard to him of the same hereditaments bearing date the sixth day of June One thousand eight hundred and twenty three and all interest for the same were some years since paid by the said Ann Hazzard to the said John Markham in his lifetime And he did therefore thereby desire authorize and empower the said Steward of the same Manor to enter Satisfaction on the Court Rolls of the said manor in respect of the three several Conditional Surrenders and every of them so Satisfaction is acknowledged on the Records of this Court for the same.