Will of Henrietta Tookey of Hemel Hempstead, widow, 1846 (proved 1847)

National Archives PROB 11/2056/380

This is the last Will and Testament of me Henrietta Tookey formerly of Winslow in the County of Buckingham but now of Hemel Hempstead in the County of Hertford Widow Whereas by certain Articles of Agreement bearing date on or about the twenty third day of August in the year one thousand seven hundred and ninety six and made between John Tookey of Winslow in the County of Buckingham Surgeon and Apothecary and me the said Henrietta Tookey by my then name and description of Henrietta Prentice of the same place Spinster of the one part and Sarah Prentice of Winslow aforesaid Widow Mother of me the said Henrietta Tookey (then Prentice) of the other part after writing that the said John Tookey was seized and possessed of according to the custom of the Manor of Winslow with its members in the County of Bucks of and in (amongst other premises) All those inclosed pieces and parcels of arable land meadow and pasture ground  lying and being in the Parish of Little Horwood in the said County of Bucks some time since in the tenure or occupation of Robert Hillyer and afterwards Richard Lomath containing together by admeasurement sixteen acres two roods and thirty seven perches with the appurtenances and also reciting that I the said Henrietta Tookey … was in like manner seized and possessed of or otherwise interested in and entitled to all that messuage or tenement situate and being in Winslow aforesaid late in the occupation of Thomas Prentice deceased (Father of me … Henrietta Tookey) with the appurtenances and also one other close of pasture ground situate and being in Winslow … called or known by the name of Tinkers End Close the land then or late of Robert Bigg lying on the South and the land then late of Thomas Blake on the North parts thereof then or late in the tenure or occupation of John Mayne with the appurtenances and also a close of pasture whereon a messuage or tenement formerly stood called the Home Close situate in Little Horwood within the Manor aforesaid then late in the occupation of George Clarke and also of a parcel of land in Little Horwood … called the Wood Pastures containing by estimation eight acres and a half (be the same more or less) then late in the tenure or occupation of the said George Clarke the land formerly of William King and Butler Evans lying on the East and West parts thereof with their respective appurtenances and also reciting that a marriage had been agreed upon between the said John Tookey and me … Henrietta Tookey and that it had been thereupon proposed that the several customary or copyhold hereditaments and premises thereinbefore mentioned should be surrendered and assured to for and upon the uses and purposes thereinafter declared and expressed of and concerning the same It is witnessed that … John Tookey and I … Henrietta Tookey did thereby for ourselves our heirs executors and administrators covenant and promise to and with the said Sarah Prentice her executors and administrators that in case the said then intended marriage should take effect he … John Tookey and I should and would as soon as conveniently might be after the solemnization thereof duly surrender into the hands of the Lords of The Manor of Winslow with its Members … according to the custom thereof all and singular the several mesuages and tenements closes lands grounds and premises thereinbefore mentioned and described with their appurtenances to for and upon all such uses intents and purposes as were thereinafter in those presents mentioned expressed and declared (that is to say)  As to for and remaining the said now inclosed pieces or parcels of land or ground in Little Horwood … containing sixteen acres two roods and thirty seven perches with the appurtenances To the use and behoof of … John Tookey and … Henrietta Tookey … and our assigns for the term of our respective natural lives and the life of the survivor or longer liver

[p.2] of us and from and after our several deceases to the use and behoof of such one or more of the child or children of us … John Tookey and Henrietta Tookey … for such estate and estates and in such parts shares and proportions manner and form and charged or not charged with the payment of any sum or sums of money to the other or others of such children as we … John Tookey and Henrietta Tookey … should at any time during our joint lives surrender and appoint or as the survivor of us … should by such surrender or by his or her last Will and Testament in writing duly executed give devise limit or appoint the same and in case there should not be any such child or children of … John Tookey by … Henrietta Tookey … or being such all of them should happen to die in the lifetime of … John Tookey and Henrietta Tookey or in the lifetime of the survivor of us  then to the use and behoof of the heirs and assigns of … John Tookey forever and as to for and concerning the said messuage or tenement in Winslow … late in the tenure of Thomas Prentice deceased with the appurtenances and the said pasture ground in Winslow called Tinkers End close and the said close of pasture ground called the Home Close in Little Horwood … with their appurtenances to such and the same uses during the natural lives of … John Tookey and Henrietta Tookey and subject to our appointment and disposition to and amongst our child and children … or being such all of them shall happen to die ….

[Lengthy circular clauses without specific reference to any land or property in Winslow]

And whereas some part of the messuage or tenement lands and hereditaments mentioned and described in the said above in part writed Articles of Agreement have been surrendered limited appointed sold and disposed of namely a messuage and tenement situated and being at Winslow … in the ... Articles of Agreement stated to be formerly in the tenure of occupation of John Clarke and then of … John Tookey and also the … messuage or tenement at Winslow … late in the tenure of … Thomas Prentice deceased with the appurtenances and also copyhold close of pasture ground called or known by the name of Peter Lowndes’s close with the

[p.3] stables and buildings thereon erected And also a close or pightle of pasture ground situate and being at Winslow … called the Pightle adjoining the messuage or tenement of Robert Crocket deceased and in the … recited Agreement stated to be then late in the occupation of … Thomas Prentice deceased but no surrender appointment or other assurance nor any other disposition whatsoever has been made of the other lands hereditaments and premises hereinbefore above particularly mentioned and comprised in the … Articles of Agreement And whereas … John Tookey departed this life leaving me … his Widow and two children issue of the said marriage namely John Tookey the younger and Henrietta Tookey Spinster him surviving And whereas my … son John Tookey the younger and my … daughter Henrietta Tookey have both departed this life Now I the said Henrietta Tookey do by this last Will and Testament by me duly executed in the presence of and attested by the two credible persons whose names are hereinunder subscribed as witnesses give devise and bequeath and also by virtue and in exercise and execution of the power of disposition and limitation to me given to me or reserved in and by the … Articles of Agreement and of all and every other power and powers authority and authorities me in any wise enabling in this behalf direct limit and appoint that all and singular the copyhold messuages tenements lands hereditaments and premises mentioned and hereinbefore particularly described and also mentioned in the … Articles of Agreement or such and so many of them or such parts and parcels of the same messuages … as I have now power to dispose of or to direct limit or appoint give devise or bequeath (and also all other my freehold copyhold and leasehold messuages … whatsoever and wheresoever that I shall die possessed of interested in or have power to dispose of unto and to the use of The Reverend John Hooper of Rolvendon in the County of Kent Clerk and Woodfield Blake Eagles of Aylesbury in the County of Buckingham Gentleman their heirs executors administrators and assigns for ever Upon the trusts hereinafter expressed and declared concerning the same (that is to say) Upon trust for my Grandson John Joseph Tookey for and during the term of his natural life without impeachment of waste so far as I can grant that privilege and after his decease Upon trust at the discretion of my trustees or trustee for the time being to sell and dispose of my freehold copyhold and leasehold  estates together or in parcels and either by public auction or private contract and subject or not subject to any special or other conditions or stipulations as to the title or [blank space] evidence of [blank space] title and generally in such manner as my said trustees … may think proper with full power to buy in the same at any sale and to vary or rescind the contract for any sale or sales and to convey the same when sold to the purchaser or purchasers thereof or as he or they may direct  And I hereby declare that all receipts given by my said trustees … shall be a sufficient discharge for the monies thereby expressed to be received to the … purchasers or other …  persons taking the same and shall exonerate such persons from all liability as to the application or misapplication of any such monies And I direct my trustees to stand possessed of such proceeds of the sale of my freehold … estates In trust for such child or children of my said Grandson as shall be living at his decease and such issue then living of his child or children deceased as shall attain the age of twenty one years as tenants in common per stirpes and not per capita (nevertheless taking into account and deducting from the share of any such issue any monies that may have been paid for his or her advancement under the power hereinafter given but if there shall be no object of the trust hereinbefore contained

[p.4] then In trust for the child or children of the said Woodfield Blake Eagles and John Cowley of Winslow in the said County of Buckingham Surgeon living at the decease of my said Grandson and such issue living of their respective child or children then deceased as shall attain the age of twenty one years or marry as tenants in common per stirpes and not per capita) and I empower my … trustees … until my … Grandson shall attain the age of twenty one years or die to receive the rents and annual produce of the said trust estates and to pay and apply the same or a competent part thereof on or towards his maintenance education and advancement in the world accumulating the unapplied surplus (if any) for the benefit of my … Grandson if he should attain the age of twenty one … but if not then such accumulations shall fall into and form part of the sale monies aforesaid  And I also empower my … Trustees … after the decease of my … Grandson and during the minority or respective minorities of the person or persons entitled to or contingently or presumptively entitled to any share or shares of the sale monies … to invest in the public stocks or on mortgage of freehold or other real property of ample value the same share or shares and to receive the yearly income thereof and to apply the same in or towards the maintenance and education of such person …

[further variations of a similar nature ensue without reference to any specific people or property]

… my said Will further is that it shall and may be lawful for my … Grandson during his life as and when entitled in possession of my … trust estates and also for the trustees … for the time being of this my Will whilst their or his cestui que trust shall be under age to grant leases of my … estates or any of them for any term … not exceeding seven years in possession and not in conversion so as the best improved rents be reserved without taking any fine and so as there be contained in such leases provisoes for re entry for nonpayment of the rents thereby reserved for any space not exceeding thirty days after the same shall become due and so as the lossees do execute  counterpart of such leases and I declare that the rents and profits of my … trust estates after the same become saleable and until the same shall be sold under the trusts aforesaid shall follow the distribution of the income of the monies to arise by the sale thereof I give and bequeath unto my particular friend Caroline Rebecca Clarke of Winslow … Widow the sum of one hundred pounds to be paid within six months after my decease and I charge the said legacy upon all my real and personal estates  And I give and bequeath the other pecuniary legacies following to be paid at the end of six calendar months next after my decease (that is to say) to … John Hooper and Woodfield Blake Eagles the sum of ten pounds each provided they shall act as trustees under this my Will as a small remuneration for their trouble  To Ann Willett who was formerly my servant and now or late of Warwick Yard Warwick Place Bedford Row London the sum of ten pounds for her sole use and benefit. To Maria Dolt now residing with me as domestic servant the sum of ten pounds to John Willeat Cowley of Buckingham … Gentleman the sum of ten pounds I give … the specific legacies following (namely) to my Grandson John Joseph Tookey his late Father’s mourning ring and his late Grandfather’s Gold Heart It is my particular request and desire that my remains should be interred and placed in  the same tomb or grave as my daughters lately were at Winslow and at a reasonable and convenient period afterwards that the whole of the tomb stone and inscriptions should be renovated and put into

[p.5] a proper and consistent order and I hereby charge my real and personal estates with the expence attending the same accordingly I give … all the residue of my Personal Estate (if any) remaining after payment of my just debts heriots fines funeral and testamentary expences and the said legacies unto my Grandson … John Joseph Tookey as and when he shall attain the age of twenty one … but in case he shall be under the age of twenty one … at the time of my decease I empower and direct my trustees … until he shall attain the said age … to invest the same in public stocks and apply the yearly income thereof in the same manner in all respects as I have directed the annual rents and produce of my … trust estates to be paid and applied…

[the Will goes on to state in the event of John Joseph Tookey’s death without issue before reaching twenty one, the children of Woodfield Blake Eagles and John Cowley become beneficiaries]

I declare that it shall be lawful for my … trustees … notwithstanding any of the trusts hereinbefore contained to raise any sum of money which shall be required to answer the deficiency (if any of my personal estate not hereinbefore specifically bequeathed to satisfy my debts and in funeral and testamentary expences and the pecuniary legacies hereinbefore bequeathed…

[Much of the remainder of this page deals with the rights of the trustees in relation to matters of debt, the process in the event of their deaths and their right to nominate others to fulfil their role in the event they chose to discontinue their involvement, using what appear to be standard clauses]

And I do hereby nominate and appoint … John Hooper and Woodfield Blake Eagles Executors of this my Will

[p.6] And lastly I hereby revoke any Wills by me at any time heretofore made and do hereby declare this present writing contained on seven sheets of paper to be my last Will and Testament In witness whereof I have hereunder set my hand and also to each of the six preceding sheets of this my Will this tenth day of February in the year of our Lord one thousand eight hundred and forty six H. Tookey [signature] signed by the … Testatrix Henrietta Tookey as and for her last Will and Testament in the presence of us … witnesses Cha(rle)s Ehret Grover Sol(icito)r Hemel Hempstead Anne Horwood Hemel Hempstead

This is a Codicil to the Will of me Henrietta Tookey of Hemel Hempstead in the County of Hertford Widow Whereas my Will bearing date on or about tenth day of February last I have directed my trustees until my Grandson John Joseph Tookey shall attain the age of twenty one years or die to receive the rents and annual produce of my trust estate to pay and apply the same or a competent part thereof in or towards his maintenance education and advancement in the world Now I hereby declare that my … trustees shall continue to receive the rents and annual produce and apply the same according to the directions set forth in my said Will until my said Nephew [sic] shall attain the age of twenty five years instead of discontinuing such power at the age of twenty one years. In all other respects I confirm my … Will In witness whereof I have hereunto set my hand this twentieth day of July in the year of our Lord one thousand eight hundred and forty six H. Tookey [signature] signed by … Henrietta Tookey the Testator as and for a Codicil to her last Will and Testament in the presence of us … as witnesses J W Cowley Solicitor Buckingham Sarah Dolt Hemel Hempstead

Proved at London with a Codicil the 15th of May 1847 before the Judge by the oaths of Reverend John Hooper Clerk and Woodfield Blake Eagles the Executors to whom Ad(ministration)n was granted having been first sworn by Commission duly to administer

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Notes

Henrietta was the daughter of Thomas Prentice (d.1780) and widow of John Tookey (d.1818), both surgeons of Winslow. See her and John's sale of some land in 1806 for more information. She was living in Hemel Hempstead by 1841, with her daughter Henrietta who predeceased her and left her whole estate to her. Her son was the John Tookey, surgeon of Warbleton, Sussex, whose will was proved in 1825 (National Archives, PROB 11/1748/256); he had a son John Joseph Tookey with his wife Frances who subsequently married Rev. John Hooper of Rolvendon, one of the executors. Woodfield Blake Eagles the other executor was her cousin (son of William Eagles of Aylesbury, wool-stapler, will proved 1810, National Archives PROB 11/1512/145). She was also the cousin of Sarah, wife of Dr John Cowley.

messuage and tenement situated and being at Winslow: this refers to Lawn House, sold to Dr John Cowley in 1820.

messuage or tenement at Winslow: probably 2 High Street (London House).