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Will of Frances Wyatt, spinster, 1839 (proved 1840)
National Archives PROB 11/1923/301
This is the last Will and Testament of me Frances Wyatt of Winslow in the County of Bucks Spinster First I give and devise unto Rebecca Wyatt the widow of my late Uncle Lancelot Wyatt deceased All that my undivided moiety or half part of and in All that Copyhold messuage or tenement situate in Great Horn Street in Winslow aforesaid sometime since in the occupation of my said Uncle and now of John King and of and in the orchard gardens and all other the rights members and appurt(enance)s to the messuage or tenement belonging or appertaining To hold the same unto the said Rebecca Wyatt and her assigns for and during the term of her natural life subject to and charged with the payment of the annual sum or yearly rent charge hereinafter given and bequeathed and from and after the decease of the said Rebecca Wyatt I give and devise my said moiety or half part of and in the said messuage or tenement and heredit(ament)s with the appurt(enance)s unto my brother Lancelot Wyatt To hold the same unto and to the use of my said brother Lancelot Wyatt his heirs and assigns for ever Subject to and charged with the payment of the said annual sum or yearly rent charge if the same shall then be payable And I give and bequeath unto my mother Sarah Wyatt and her assigns yearly during her life an annual sum or yearly rent charge of Five pounds of lawful money of Great Britain and Ireland clear of all deductions whatsoever to be issuing out of my said moiety or half part of the said messuage or tenement heredit(ament)s & premises and to be paid by two equal half yearly payments on the twenty fifth day of March & the twenty ninth day of September in every year the first half yearly payment thereof to be made on such of the said days as shall first happen after my decease And I hereby give to my said mother and her assigns such power of entry and distress & sale for recovering the said annual sum or yearly rent charge of Five pounds if the same or any part thereof shall be in arrear for the space of twenty one days next after either of the said half yearly days of payment as are usually give to Landlords for recovering rents reserved by Lease or on common demise Also I give devise and bequeath unto my s(ai)d brother Lancelot Wyatt and my friend David Thomas Willis of Winslow aforesaid Gentlemen All that my undivided moiety or half part of & in all that copyhold close of pasture ground situate lying and being in the Parish of Winslow aforesaid late the property of my said uncle Lancelot Wyatt deceased and now in the occupation of George Cross and of and in the rights members and appurtenances thereto belonging or appertaining And also of and in the shares parts and interest late of my said Uncle of and in the joint stock funds and capital of the County Fire Office and Provident Life Assurance Companies in London and all benefit and advantage thereof To hold the same moieties or half parts respectively with their appurt(enance)s unto my said brother Lancelot Wyatt and the said David Thomas Willis their \heirs/ ex(ecutor)s adm(inistrator)s & assigns absolutely according to the several natures qualities and tenures thereof Upon the trusts hereinafter declared of and concerning the same (that is to say) Upon trust that they my said brother Lancelot Wyatt and the said David Thomas Willis or the survivor of them his heirs ex(ecut)ors admin(inistrat)ors or assigns do and shall at such time or times as they or he shall think expedient and most for the benefit of the persons interested under this my will absolutely sell and dispose of my said moiety or half part of and in the said close of pasture ground heredit(ament)s and premises lastly hereinbefore described and of & in the said shares parts and interest of and in the said joint stock funds & capital of the said Companies with their respective appurt(enance)s either by public auction or private contract and either together or in parts as they or he my said trustees or trustee shall think fit and for such price or prices as to them or him shall seem reasonable with liberty for them or him to buy in the same or any part thereof at any auction & to resell the same at some future auction or by private contract as to them or him shall seem meet without being answerable for any loss that may arise by reason of such resale And I declare that in the mean time and until my said moiety or
[p.2] half part of and in the said close of pasture ground heredIt(ament)s and premises lastly hereinbefore described and of and in the said shares parts and interest of & in the said joint stock funds and capital of the said Companies shall be respectively sold the rents issues and profits dividends interest and annual produce thereof respectively shall be paid and applied to the same persons and in the same manner to and in which the interest dividends and annual produce of the monies to arise from the sale thereof would be payable and applicable by virtue of this my will if the same moieties or half parts were respectively actually sold and the monies produced thereby were invested as hereinafter is mentioned And I direct that my said trustees and the survivor of them his ex(ecut)ors adm(inistrat)ors & assigns shall stand possessed of the monies to arise by such sale and disposition as aforesaid or what shall remain thereof after paying & discharging the costs and expences of and attending such sale and disposition Upon trust to lay out and invest the same in their or his names or name in the Parliamentary stocks or public funds of Great Britain or at interest on Government or real securities in England and from time to time to alter vary and transfer the said trust monies to be laid out and invested as aforesaid for or into other stocks funds and securities of the like nature as they or he shall think fit and shall stand and be possessed of the same trust monies and the stocks funds and securities upon which the same shall be invested and the interest and dividends thereof Upon trust to pay the interest dividends and annual produce thereof to my said mother Sarah Wyatt or her assigns during the term of her natural life and from and after the decease of my said mother Upon further trust to pay the interest dividends and annual produce thereof to my sister Sophia Wyatt or her assigns during the term of her natural life if she shall so long continue single and unmarried And from and after the decease of marriage of my said sister Sophia Wyatt which shall first happen provided my said mother shall have previously departed this life or if she shall be then living then from and after her decease the said monies so to be invested as aforesaid and the stocks funds and securities in which the same shall be invested and the interest and dividends thereof shall be and remain In trust for my brothers & sisters Charles William Wyatt George Wyatt William Wyatt the said Lancelot Wyatt the said Sophia Wyatt Elizabeth Springett and Catherine Elizabeth Stapleton Derbyshire and my niece Mary Wells Wyatt (daughter of my sister Sarah Pinfold Goff) or such of them as shall be then living and the issue of such of them as may then have departed this life leaving issue of each of them to take the part or share to which his her or their deceased parent would have been entitled if living & to share the same equally between them if more than one the interest and dividends of the share to which each child shall be for the time being entitled under the trusts and provisions hereinbefore declared and contained to be applied during his or her minority for and towards his or her maintenance and education or otherwise for his or her benefit Also I give and bequeath unto my said sister Sophia Wyatt all my wearing apparel rings jewels trinkets and ornaments of my person of every kind And I give and bequeath unto the said Rebecca Wyatt all my moiety or half part of the plate household goods and furniture which belong to her and me jointly for her use during her life And I direct that immediately after my decease an inventory shall be made of the said plate household goods and furniture and that the said Rebecca Wyatt shall sign such inventory accompanied with an undertaking for the delivery of an equal moiety or half part thereof by her ex(ecut)ors adm(inistrat)ors or assigns upon or immediately after her decease to the person or persons who shall be entitled under this my will And after her decease I give and bequeath my moiety or half part of the same plate household goods and furniture unto my said mother if she shall then be living And if she shall have previously departed this life I give and bequeath the same moiety or half part unto my said sister Sophia Wyatt And as to all my ready money securities for money and other my Personal estate and effects not hereinbefore otherwise disposed of or what shall remain thereof after payment of my just debts my funeral expences and the costs and charges of proving and establishing this my will and carrying the same into execution I give and bequeath the same and every part thereof unto
[p.3] my said brothers and sisters Charles William Wyatt George Wyatt William Wyatt Elizabeth Springett and Catherine Elizabeth Stapleton Derbyshire equally to be divided between them part and share alike And I do hereby nominate constitute and appoint my said brother Lancelot Wyatt and the said David Thomas Willis joint Executors in trust of this my last will and testament provided always and I do hereby further declare that my said Executors and Trustees and each of them and each of their heirs ex(ecut)ors & adm(inistrat)ors shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or joining in giving any receipt or receipts for the sake of conformity And I direct that none of them shall be answerable or accountable for any banker or broker with whom the said trust monies and premises shall be placed for safe custody or for any default or neglect of the other or others of them or for involuntary losses And also that it shall and may be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and reimburse themselves respectively and also to allow their respective Co trustees or Co trustee all costs charges damages and fees to Counsel for advice which they or any of them shall or may sustain expend or disburse in or about the execution of the aforesaid trusts or in relation thereto And that notwithstanding his appointment as a trustee and executor under this my will the said David Thomas Willis shall be entitled to his proper fees and charges for any professional business he may transact in the execution of the trusts hereby reposed in him In witness whereof I the said Frances Wyatt the testatrix have to every sheet of this my last will and testament contained on four sheets of paper set my hand this twenty sixth day of November in the year of our Lord One thousand eight hundred and thirty nine.
Frances Wyatt
This sheet and the three sheets of paper hereto annexed were severally signed by the said Frances Wyatt the testatrix in the joint presence of us who in her presence and in the presence of each other have hereunto subscribed our names as witnesses thereof the word 'single' being first written as an erasure in the thirteenth line of the third sheet.
Sarah Mayne Char(les) Willis
Proved at London the 15th Feb(ruar)y 1840 before the Judge by the oaths of Lancelot Wyatt the brother and David Thomas Willis the Ex(ecuto)rs to whom Adm(inistrati)on was granted having been first sworn by Com(missi)on to administer.
Notes
Frances Wyatt inherited half the house of her uncle, Lancelot Wyatt (d.1832), which became The Limes and then The Cottage (5 Horn Street). She must have lived there with her uncle and aunt Rebecca (d. 1847) but had apparently moved out before she died. Her other relatives did not live in Winslow: her mother and three of her siblings lived in Middleton Cheney in 1841. Frances was probably in her 40s when she died.