Will of James King, surveyor, 1877 (proved 1894)

Oxford Probate Registry

BE IT KNOWN that at the date hereunder written the last Will and Testament with a Codicil thereto of James King late of Winslow, in the County of Buckingham, Surveyor, formerly of Birmingham in the County of Warwick, deceased, who died on the 28th  day of January 1894, at Winslow aforesaid, and who at the time of his death had a fixed place of abode at Winslow aforesaid, within the District of the Counties of Oxford, Berks and Buckingham was proved and registered in the District Probate Registry of Her Majesty’s High Court of Justice at Oxford, and that Administration of the personal estate of the said deceased was granted by the aforesaid Court to Martha Anne King of Winslow aforesaid, Spinster, the Daughter of the Deceased, and John King of 29 Spring Road, Birmingham aforesaid, Commission Agent, the Son of the Deceased, two of the Executors named in the said Will, they having been first sworn well and faithfully to administer the same. Power being reserved of making the like Grant to Elizabeth Anne King, Widow, the Relict of the Deceased the other Executor named in the said Will.
Dated the 9th day of March 1894.  
Gross value of Personal Estate £701 – 16 – 0
Net        “     “       “              “    £487 – 1 - 7
Extracted by Herbert Bullock, Solicitor, Winslow.

[p.2]This is the last Will and Testament of me James King late of Winslow in the County of Buckingham, Auctioneer and Farmer but now of Birmingham in the County of Warwick, Surveyor. I revoke all former and other Wills heretofore made by me. I bequeath my wines liquors and other consumable household stores and provisions and such of my household furniture plate linen china glass and other household effects as she may select unto my wife Elizabeth Anne King absolutely And I bequeath the remainder of my said household furniture plate linen china glass and other household effects unto my daughter Martha Anne King absolutely.  I bequeath unto my said wife for her immediate purposes the sum of One hundred pounds payable within one calendar month after my decease  I bequeath unto my said daughter Martha Anne King the sum of Five hundred pounds to be paid to her free of legacy duty within six calendar months after my decease and if the same shall remain unpaid at the expiration of such six months the said legacy shall bear interest from that time at the rate of four per cent per annum payable half yearly And I declare that such legacy shall be for the sole and separate use of my daughter and shall be paid to her independently of any husband with whom she may intermarry and her receipt alone notwithstanding coverture shall be a sufficient discharge for the same [A similar bequest of £400 is made in favour of his son Edward without the marital clause but including the interest caveat] . . . I declare that I give the said legacy to my said son Edward because my son John is under the Will of his Grandfather James Horne deceased entitled to a freehold property of the value of Four hundred pounds or thereabout situate at Toddington in the County of Bedford I devise and bequeath all the freehold copyhold and leasehold estates to which I shall be entitled at my decease (except estates

[p.3] vested in me as Trustee or Mortgagee) and I bequeath the residue of my personal estate to which I shall be then entitled unto my said wife Elizabeth Anne King my said daughter Martha Anne King and my said son John King their heirs executors administrators and assigns respectively Upon trust to sell my freehold copyhold and leasehold estates together or in parcels at public auction or private contract with power to make any special conditions as to the title or evidence of title or otherwise and with power to buy in the premises at any public sale or to rescind either on terms or gratuitously any contract and to resell without being answerable for any consequent loss and to convey and assign the premises respectively so sold to the purchaser or purchasers thereof and to convert and get in my other residuary personal estate and out of the moneys to arise from such freehold copyhold and leasehold estates and residuary personal estate to pay my just debts and funeral and testamentary expenses and the legacies given by this my Will or any Codicil thereto and to invest the residue of such moneys in the names or name of my trustees or trustee in or upon any of  the public stocks or securities of the United Kingdom or upon any freehold or leasehold securities in England with liberty for my trustees or trustee to vary and transpose the investment from time to time for any other investment  of the description aforesaid And upon further trust to pay unto or permit and suffer my said wife to receive out of the annual income of the said moneys or the stocks funds and securities whereon the same shall be invested the sum of One hundred and fifty pounds per annum during her widowhood by equal half yearly payments and to pay the residue of the said annual income to my children the said Martha Anne King Sarah the wife of Harry Lee, John King and Edward King equally And after the death or remarriage of my said wife as to the moneys stock funds and securities and the annual income thenceforth to become due for the same Upon trust for my said four children to be equally divided among their respective executors administrators and assigns and the respective shares of such children to be absolutely vested on my decease and the shares of my said daughters Martha

[p.4] Anne King and Sarah Lee to be received enjoyed and disposed of by them as their separate estate free from control or interference of their husbands and their receipts notwithstanding coverture to be effectual discharges for the same Nevertheless I declare that no sale of my freehold copyhold or leasehold estates or any part thereof shall be made in the lifetime of my said wife without her previous consent in writing and that my trustees or trustee shall have a discretionary power to postpone for such period as to them him or her shall seem expedient the conversion or getting in of any part of my residual personal estate which shall at my decease consist of stocks funds shares or securities of any description whatever but the unsold freehold copyhold and leasehold estates and outstanding personal estate shall be subject to the trusts hereinbefore contained concerning the moneys stocks funds and securities aforesaid and the rents and yearly produce thereof shall be deemed annual income for the purposes of the purposes of such trusts and the real estate shall be transmissible as personal estate under the ultimate trust hereinbefore contained I empower the trustees or trustee during the widowhood of my said wife with her consent in writing and afterwards at their entire discretion to grant leases of my said freehold copyhold and leasehold estates or any part thereof (but as to my copyhold estates first obtaining the requisite licence or licences) for a term or terms not exceeding seven years in possession at the best rent or rents to be incident to the immediate reversion without taking any fine or premium I direct that my son John shall have the option of purchasing my freehold farm at Steeple Claydon in the County of Buckingham at the price of Seven thousand pounds such option to be declared within two calendar months next after the power of sale hereinbefore contained in respect of my freehold copyhold and leasehold estates shall have under the provisions hereof have become exercisable and my said son shall accept the title under which I hold the said farm but no purchaser under the trusts of this my Will shall be obliged to take notice of or be affected by this power of pre-exemption And I declare that the expression “my trustees or trustee” shall be construed as taken to mean the trustees or trustee for the time being of my Will whether original

[p.5] or substituted I devise all estates vested in me either as trustee or mortgagee unto my son John King his heirs executors administrators and assigns subject to the trusts and equities affecting the same  respectively And lastly I appoint my said Wife my said daughter Martha Anne my said son John to be Executrixes and Executor of this my Will In Witness whereof I have signed my name at the end of this my Will contained in this and preceding five pages of paper this first day of January One thousand eight hundred and seventy seven.
James King [signature]
Signed by the said James King as and for his last Will and Testament in the sight and presence of us both present at the same time who in his sight and presence at his request and in the presence of each other have hereunto subscribed our names as attesting Witnesses
R.A. Dale [signature] Solr. Birmingham
Edward Oliver [signature] Solr. Clerk to Mr Dale

This is a Codicil to the last Will and Testament of me James King of Winslow in the County of Bucks,  Surveyor which Will bears the date first day of January One thousand eight hundred and seventy seven Whereas by my said Will I devised and bequeathed all my real estate and the residue of personal estate to Trustees in trust to sell and convert the same into money and having paid thereout my funeral and testamentary expenses and legacies to invest the residue in manner therein mentioned and to hold the stocks funds and securities and the annual income thenceforth to become due for the same after the death or second marriage of my wife Upon trust for my four children to be equally divided among them the respective shares of such children to be absolutely vested on my decease now my Will is And I hereby direct the Trustees for the time being of my [p.6] Will to hold the share which my daughter Sarah Dent a Widow in my Will described as the wife of Harry Lee would be entitled under the aforesaid trust upon the death or second marriage of my wife  In trust to retain the said share in the same or similar stocks funds and securities and to pay the income arising therefrom to my said daughter Sarah during her life for her separate use free from the debts or Control of any husband with whom she may intermarry and from and after the decease of my said daughter Sarah In trust for all the children of my said daughter Sarah who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age in equal shares And whereas in  my said Will I directed that my son John shall have the option of purchasing my freehold farm at Steeple Claydon at the price of Seven thousand pounds upon Certain Conditions now my Will is And I hereby direct that my said son John shall have the option of purchasing the said farm at a price of Four thousand five hundred pounds but otherwise upon the same Conditions as are in my said Will mentioned And in all other respects I confirm my said Will In Witness whereof I have hereunto set my hand  this twenty fifth day of September One thousand eight hundred and eighty nine.
James King [signature]
Signed by the said James King the Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Herbert Bullock [signature] Solicitor, Winslow, Bucks.
Hugh Ray [signature] Clerk to Mr Bullock

On the ninth day of March 1894, Probate of this Will with one Codicil was granted at Oxford, to Martha Anne King, Spinster, the Daughter, and John King, the son, two of the Executors
It is hereby certified that the foregoing is a correct Copy. Dated this Fifteenth ay of March 1894.


1894: Buckingham Advertiser, 3 Feb
  OBITUARY.- We regret to announce the death, during Sunday night last, Mr. James King of this town, land agent.  Mr King had for years been the vice-chairman of the Board of Guardians and with Mr. Monk the chairman of the Board, represented Winslow.  A contest being threatened a few years since, he gave up Winslow and was elected for Tattenhoe, which place he represented at the time of his death.  He was a very prominent man in parish affairs, and for a long time had been the acting surveyor, and also managing director of the Gas Company.  He was formerly in business as an auctioneer, and held fortnightly sales in the High Street.  In politics, Mr. King always took an active part, being one of the leading Conservatives of the town.

1894: Bucks Herald, 10 Feb
  Frederick Bunce, who died at Winslow on Saturday, was at one time well known as Mr. King’s man at the fortnightly markets, which at that time were held under the churchyard wall.  Bunce only survived his late master six days.


Notes

James King's eventful life included two bankruptcies, fights with his brother and sister, the death of his son in a shooting accident, exile to Birmingham where he made his will, and return to Winslow after his brother died intestate and he inherited 10 High Street. Read more.

He was born in 1822, the son of John King, surveyor, of 5 Horn Street. He married Elizabeth Anne Horne from Soulbury in 1846, and they lived in one of the Church Houses. He was Winslow's most prominent auctioneer and ran a livestock market before he was superseded by George Wigley.

Martha Anne King the daughter must have acquired 10 High Street as she was the owner by 1910, and she remained there until she died in 1922. She was usually known as Miss King, and was secretary to the Winslow Lace Industry.

Copyright 4 September, 2021