Winslow History | Will of John Procter, gentleman, 1825 (proved 1841)

Will of John Procter, gentleman, 1825 (proved 1841)

National Archives, PROB 11/1955/204

This is the last Will and Testament of me John Procter of Winslow in the County of Buckingham Gentleman I \direct/ that all my just debts and funeral and testamentary expences . . . be fully paid . . . I give and bequeath unto my dear Wife Mary Procter all and singular my household goods and furniture plate china linen wearing apparel printed books and stock of wine and other liquors . . . for her own proper use and benefit I give . . . unto my said wife the sum of five hundred pounds to be paid to her immediately . . . after my decease I do hereby give . . unto my Son John Procter all such . . . sums of money (if any) as he may be indebted to me at the time of my decease but inasmuch as I have already provided for my said son beyond provision I have already made or can make for either of my other children I cannot in justice to them make any further provision for him . . . I give . . . unto my Daughter Eleanor Procter the sum of one thousand pounds . . . for her own absolute use and benefit subject nevertheless to the proviso hereinafter contained I give . . . unto my Nephews William Curling of Lower Thames Street in the City of London Fishmonger and Alexander Curling of Fish Street Hill in the same city

[p.2] Fishmonger and my esteemed Friend Henry Tubb of Bicester in the County of Oxford Banker whom I have hereinafter appointed executors of this my will the sum of one thousand pounds . . . upon trust that they William Curling Alexander Curling. and Henry Tubb . . . shall immediately upon receipt thereof . . . invest the same in purchase of stock in some . . . of the public stocks or funds of Great Britain in [their] names . . . and shall stand . . . possessed of . . . the stocks . . . in trust . . . until my daughter Jane Procter shall attain her age of twenty one years or be . . . married . . . or depart this life under that age and without having been married . . . to pay . . .the . . . annual proceeds of the said stocks . . . for the maintenance education and cloathing of my said daughter Jane and to . . . invest the surplus of any . . . annual proceeds in the purchase of the public funds in the names . . . of my said trustees . . . so as the same may accumulate for the benefit of my said daughter in the nature of compound interest and upon my . . . daughter attaining her age of twenty one years or upon her day marriage provided such marriage shall take place with the consent . . . of . . . the trustees . . . of the said stocks . . . which shall first happen . . . then the sum of one thousand pounds or the stocks . . . with all such accumulations thereof (if any) to my said daughter . . . and in case my said daughter shall depart this life before [the] age of twenty one years and without having been married . . . to consider the said sum of one thousand pounds . . . to lapse . . . and form part of my residuary estate . . . provided always nevertheless . . . that in case I shall . . . give . . . to . . . either of my . . . daughters Eleanor or Jane any . . . sums of money . . . the same or so much thereof as shall appear to remain unrepaid . . . at my death . . . shall be taken and go . . . towards satisfaction pro tanto of . . . the sum of one thousand pounds hereinbefore . . . bequeathed . . . I give to each of them William Curling Alexander Curling. and Henry Tubb the sum of ten guineas as a token of my esteem for them and as some compensation for the trouble they will have in the execution and performance of the several trusts hereby in them reposed and as to all the

[p.3] Rest Residue and Remainder of my estate . . . I give . . . the same . . . unto . . . William Curling Alexander Curling. and Henry Tubb . . . upon trust that they . . . shall . . . at such time . . . after my decease as they . . . shall . . . think proper . . . convert into money all such . . . parts of my residuary estate as shall not consist of money or stock in the public funds or debts which shall be due to me at the time of my death and collect . . . all such debts and shall stand . . . possessed and interested in the monies to be received . . . [and invest the monies in their own names with the annual investment income to go to the wife Mary Procter. On her death one third of the residue would pass to his daughter Elizabeth the wife of Reverend Samuel Trueman for her sole benefit. On Elizabeth’s death the residual part of her legacy was to pass to her children on reaching the age of twenty one. During their minorities the funds were to be used towards their maintenance and education.Similar provisions are made for a third each to pass to his other daughters Eleanor and Jane and their children. In case of Jane dying before the age of twenty one her share would be equally divided between Elizabeth and Eleanor. The daughters were given permission to create trusts for their respective husbands to receive a share of the funds, if so desired. Standard clauses regarding the issuing of receipts by the legatees are included.

[p.5] . . . and I do hereby nominate constitute and appoint the said William Curling \Alexander Curling/ and Henry Tubb Executors of this my Will . . .
[Standard dispensations for trustees regarding responsibility for monies received, accountability for losses and arrangements for appointing replacement trustees on death, unwillingness or inability to execute the duties imposed upon them in the Will are set out, leading to . . .]
. . . and lastly hereby revoking and making void all former wills . . . by me at any time heretofore made I do declare this . . . to be . . . my last will and Testament In Witness whereof I have to this my last will and Testament contained in eleven sheets of paper . . . set my hand to the first ten sheets and my hand seal to this eleventh and last sheet this fourth day of November in the year of our Lord one thousand eight hundred and twenty five

John Procter [signature]

signed sealed published and declared by the said John Procter 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 George Marten [signature] Sol^r. Mincing Lane London Griffⁿ Thomas [signature] Anthony Brown J^un [signature] Clerks to Mess^rs Brown & Marten Mincing Lane London

I John Procter the Testator named in the foregoing Will do make . . . and do declare . . . a Codicil to my said will whereas since the date and execution of my . . . will my daughter Eleanor Procter . . . hath intermarried with . . . Thomas Hawley of Great Surrey Street Blackfriars in the County of Surrey Grocer and I have given to the said Thomas Hawley the sum of seven hundred pounds as a marriage portion . . . Now I do hereby revoke the legacy of one thousand pounds . . . given to my said daughter Eleanor and bequeath unto . . . Eleanor the sum of three hundred pounds . . . I do hereby confirm my said will in all respects save so far as the same is hereby affected In witness whereof I have hereunto set my hand and seal this twenty ninth day of September in the year of our Lord one thousand eight hundred and twenty six John Procter [signature] signed sealed published and declared by the testator John Procter as and for a Codicil to 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 George Marten [signature] Sol^r. Mincing Lane London Griff Thomas [signature] Anthony Brown J^r [signature] Clerks to Mess^rs Brown & Marten Mincing Lane London

This is a Codicil to the last will and Testament of me John Procter heretofore of Winslow in the County of Bucks but now of Pulborough Place Harleyford Road Vauxhall in the County of Surrey Gentleman I hereby revoke the appointment by my said will made of Henry Tubb therein named to be one of my executors and trustees . . . and I hereby direct that the several devices bequests and gifts made to and the discretion trusts and confidence reposed by my said will . . . be construed read and taken . . . as if the same had been . . . made and reposed in the said William Curling Alexander Curling alone exclusive of the said Henry Tubb I do hereby constitute make and appoint the said William Curling Alexander Curling sole Executors of my said will as altered by my former Codicil In witness whereof I have hereunto set my hand and seal this twelfth day of December in the year of our Lord one thousand eight hundred and thirty seven John Procter [signature] signed sealed published and declared by the said John Procter the testator as and for a Codicil to 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 to the execution thereof the alterations with our initials having been previously made George Marten [signature] Mincing Lane London W^m Griffin [signature] J^as Humphreys [signature] Clerks to Mess^rs Brown Marten & Thomas Sol^rs Mincing Lane London

Proved at London with two Codicils 28th Dec^r 1841 before the Worshipful John Danbury Doctor of Laws and Surrogate by the Oaths of William Curling Alexander Curling the Nephews the Executors to whom Adm(inistrati)on was granted having been first sworn duly to administer

Notes

John Procter was living in Winslow in 1823 when the Land Tax shows him as a tenant of Samuel Yeates and in 1833 when he witnessed Sarah Yeates' will, but had returned to London by 1841. The 1841 Census shows him living in Harleyford Road aged 84 with his wife Mary aged 73 and daughter Jane aged 27. He is presumably the John Proctor aged 85 whose death was registered at Lambeth that year.

In 1826 his daughter Eleanor (Helena in the marriage register) married Thomas Hawley, son of the Winslow grocer George Hawley, who became a grocer and tea dealer in London. Eleanor was born in 1802 at Moreton in Marsh, Gloucs.