I James Biggs of Desborough in
the County of Northampton Gentleman do hereby revoke and make void all
former wills codicills and trestamentary dispositions made by me and do
publish and declare this to be my last will and testament
whereas I am the surviving trustee under the will of Joseph Morris late
of Desborough aforesaid ffarmer deceased and as such am possessed of the sum
of two hundred pounds sterling upon trust to pay the interest thereof to
William Morris for his life and after his death which has lately happened
the said sum of two hundred pounds by the said testator directed to sink
into his residuary personal estate and by virtue of a deed of appointment
dated on or about the twenty fourth day of June one thousand eight hundred
and thirty four under the hand and seal of my late wife Mary Biggs [...]
[...] [...] the residue of thr estate of the said Joseph Morris to the
trustees named in manner therein mentioned and I am possessed of the sum of
two hundred pounds as part of the said residuary estate which I have laid
out in the purchase of two hundred and seventeen pounds nineteen shillings
and eight pence stock in the three per cent Consolidated Bank Annuities
standing in my name in the Books of the Governor and Company of Bank of
England for the benefit of George John Adams Corrall and John Edward Dainty
or the persons who shall become entitled thereto under the said deed of
appointment and I am also possessed of the sum of four hundred and twenty
two pounds eighteen shillings and four pence and interest thereon amounting
to ten pounds six shillings and four pence which said last mentioned sum
with the interest thereon I have laid out and invested in my name in the
purchase of tive hundred and twenty nine pounds eight shillings and five
pence thereof[?] in the said three percent Consolidated Bank annuities
and is other part of the said residuary estate to which the [???] [???] of
Desborough aforesaid Clerk[?] is entitled under the said deed of
appointment subject to the restraint[?] charges thereon and whereas I am
under [???] covenants and agreements to pay the sum of four hundred and ten
pounds with interest thereon to the day of payment as and for the
consideration in money for the absolute purchase of one moiety or equal hald
part of certain Closes [???] or parcels of land situate at Desborough
aforesaid of Ann
the wife of George
Harrison one of the daughters of
Robert Nursey who
before such purchase could be completed became of unsound mind now I direct
and declare that the said several sums of two hundred pounds and four
hundred and ten pounds and the interest thereof respectively shall be raised
and paid in manner hereinaftermentioned and upon the payment of the said sum
of four hundred and ten pounds the said purchase money I direct that a
proper and effectual in conveyance or assurance shall be made of the said
Contractes[?] for heredits and presmises at the expense of my personal
estate unto and to the use of my nephew
James Biggs of
Desborough aforesaid ffarmer and Grazier his heirs and assigns for ever or
in such manner as he or they shall direct whom I give and devise the said
contractes for heredits and premises accordingly
I forgive and release unto my said nephew James Biggs the debt or sum of
one thousand two hundred pounds which he now owes me upon his Hand or so
much thereof as shall be due thereon at my decease and I hereby direct and
declare that he shall pay all interest due thereon at the time of my death
and I direct my executors after the payment of such interest to deliver up
the said Bond to him to be Cancelled
I give and bequeath to my friend John Higginson Marvin of ffrowlesworth
in the County of Leicester Gentleman my Gold watch
I give and bequeath the following legacies to my niece Mary Johnson
daughter of my late Sister Ann Dudley the sum of one hundred pounds to and
for her own use absolutely to my niece Mary ffowler the daughter of my
sister Elizabeth Moor[?] the sum of one hundred pounds to and for her own
use absolutely to John ffreer Biggs the reputed son of my Brother John Biggs
by his present wife the sum of one hundred pounds free of legacy duty to and
for his own use absolutely and to each of my executors hereinafter named the
sum of nineteen Guineas as an acknowledgement for the trouble they will have
in executing the trusts of this my will all which said legacies I direct
shall be vested interest on my death and to be paid at the end of the [???]
month next that event
I give and bequeath unto my late Servant Samuel Turner the sum of ten
pounds and all my wearing apparel. I give and bequeath unto my Housekeeper
Prudence Webb the
sum of nineteen Guineas if she shall be living with me at my decease besides
what shall be due to her for wages both of which said legacies I direct
shall be vesed interests on my death and shal be paid within one month after
that event
I give and bequeath all my household goods and furniture plate linen
China Glass beds bedding Coppers barrels casks [???] utensils brewing
vessels implements and utensils of household furniture [???] Beer wine
liquors and provisions fo housekeeping and fuel which shall be in and about
my messuage or tenement and premises wherein I now dwell at the time of my
decease unto my said nephew James Biggs his heirs and advisors absolutely in
addition to what I have before given to him
I give and bequeath my ready money securities for money debts due or
owing to me at my decease live and dead stock and all other my personal
estate and effects whatsoever and wheresoever and of what nature or kind
soever not otherwise disposed of by [???] me unto my friends James
Attenborough of Brampton by Dingley in the said County of Northampton
Grazier and Richard Bagshaw of Newton in the said County Grazier their [???]
advisors and assigns upon and for the trusts and purposes hereinafter
mentioned concerning the same
I give and devise direct limit and appoint all and every my messuages
closes lands tenements heredits and real estate whatsoever and wheresoever &
whatsoever of whatever tenure which I have power to dispose of or direct
limit or appoint under any general or special power and which I intend to
exercise by this my will except my trust or mortgages hereinafter
devised with their appurts unto and to the use of my said nephew James Biggs
his heirs and assigns for ever
I give and devise all such messuages lands tenements and estates as shall
be vested in my at my decease in trust or by way of mortgage with their
appurts unto unto and to the use of the said James Attenbenborough and
Richard Bagshaw their heirs [???] advisors and assigns according to the
nature and qualities thereof subject to such trusts and [???] of redemption
as shall attest[?] the same respectively but the money due or owed[?]
on such mortgages to be considered as part of my personal estate
I declare and direct that the said James Attenborough and Richard Bagshaw
their heirs executors advisors and assignes shall stand possessed of my said
personal estate hereinbelow given to them upon and for the trusts intents
and purposes following that is to say upon trust that they my said said
trustees or trustee for the time being do and shall sell dispose of and
convert into money such part of my personal estate hereinbefore given to
them as shall not sonsist of money and so and shall by and out of the money
to arise thereby or from my personal estate pay and discharge all my just
debts funeral and testamentary expences and all costs and expences attending
the execution of this my will or variations thereto and do and shall retain
in their hands the said several sums of two hundred pounds and four hundred
and ten pounds or so much money as will be sufficient to answer the payment
of the said several sums and the interest thereof from time to time in
manner hereinbefore is mentioned and recited[?] and all the costs and
expences attending the same then upon trust that they my said trustees or
trustee for the time being do and shall but subject and without prejudice to
the direction or trusts hereinafter contained pay and apply or otherwise
assign and transfer the residue or surplus of the said trust monies unto my
said nephew James Biggs his executors advisors and assigns absolutely for
his and their own use in addition to what I have hereinbefore given to
him and my will is and I direct and declare that my said trustees or trustee
sjall place out the said several sums of two hundred pounds and four hundred
and ten pounds or such other sum of money as shall be necessary at interest
in Government or real security or securities which may be altered and varied
as often asthought proper and do and shall pay and apply the dividends or
interest thereof respectively from time to time to the several persons
entitled thereto by virtue of the said [???] will or deed or appointment and
covenant or agreements for their respective lives and after the deceases of
such persons respectively do and shall pay the said several sums of two
hundred pounds and four hundred and ten pounds to the persons who may become
entitled thereto under the said deed of appointment and covenants or
agreements respectivly or otherwise howsoever
and I also declare and direct that the said trustees or trustee for the
time being of this my will shall and do stand possessed of the said sums of
two hundred and seventee pounds nineteen shillings and eifht pence and five
hundred and seventy nine poinds eight shillinds and five pence three per
cent Consolidated Bank annuities as I have hereinbefore mentioned and the
stocks funds and securities for the same and the dividens or interest for
the same respectively in trust for such person or persons who are or shall
becoe entitled thereto by virtue of the said deed of appointment as
aforesaid and I declare that my siad trustees or trustee shall be at liberty
to alter and vary the said stocks funds or securities or any of them as
often and from titme to time as they or he shall think proper and I hereby
declare that the receipts in writing of my said trustees or trustee for the
time being of this my will for any sum or sums of money payable to them or
him under or by virtue of this my will shall effectively[?] discharge the
person or persons paying the same from all responsibility whatsoever
I appoint the same James Attenborough and Richard Bagshaw executors of
this my will and I do hereby authorize and empower my said trustees and
executors to pay any debts owing by me or claimed from me upon any evidence
they or any of them shall think proper and to accept any security real or
personal for any debt or debts owing to me and also to compound for the same
and to allow such time for the payment thereof as to them or him shall
appear reasonable and subject[?] any dispute touching the matters aforesaid
to arbitration or otherwise adjust affairs as they shall think proper
provided always and I hereby declare that if my said trustees or either of
them or any trustee or trustees to be appointed as hereinafter is mentioned
shall die or shall [???] the execution of the trusts hereby [???] or go
beyond the Seas or decline or become incapable to act in the trusts hereby
reposed in them or him respectively then and so often as it shall so happen
it shall be lawful for the surviving or continuing trustee or if there be no
such trustee then for the retiring or renouncing trustee for the time being
[???] or if there be no such last mentioned trustee then for the executors
or advisors of the last surviving or continuing trustee by any deed or
writing legally executed to appoint one or more person or persons to be a
trustee or trustees in the room of the trustee or trustees so dying
renouncing going beyond Seas or declining or becoming incapable to act as
aforesaid and that unpon every such appointment the said trust estates
monies and premises respectively shall be conveyed assigned and transferred
in such manner that the same may become vested in the new trustee or
trustees jointly with the surviving or continuing trustee or trustees or
solely as occaion shall require and that every such new trustee shall have
the same powers authorities and discretion to all intents and purposes
whatsoever as if he had been originally appointed a trustee in this my will
and I declare that the trustees hereby appointed or to be appointed as
aforesaid and their respective heirs executoes advidors and assigns shall be
charged and chargeable respectively only for such monies as they shall
respectively actually receive and shall not be answerable or accountable for
the acs of each other nor for any involuntary loss and also that it shall be
lawful for my said trustees or trustee out of the said monies to retain to
and reimburse themselves respectively and to allow this and thier cotrustee
and cotrustees all fees and bills of cosgts paid to counsel or Solicitors
respectively touching my estate or affairs as between Solicitor [?] and
Client and all other costs charges damages and expenses which they may
respectively sustain or be put unto in the execution of the aforesaid trusts
or relative thereto or to my affairs
In witness I whereof the said James Biggs the Testator have to this my
last will and testament contained on six sheets of paper set my hand and
seal to wit my hand to the five preceding sheets and my hand and seal to
this sixth or last sheet thereof this twenty ninth day of May in the year of
our Lord one thousand eight hundred and thirty eight
Jas. Biggs SS Signed and declared by the
above named James Biggs the Testator as and for his last will and testament
in the presence of both of us present at the same time who in his presence
at his request and in the presence of each other have hereunto set our names
as witnesses thereto Thos Ingram of
Leicester Solicitor --
William Lansbury
of Desborough Baker --
George Kilborn of
Desborough Carpenter.
Proved at London 18th October 1838 before the
Judge by the oath of James Attenborough and Richard Bagshaw the exors to whom admon
was granted having been first sworn by Comon duly to admin.
Notes:-
The original will has no punctuation or separate
paragraphs. As this makes it hard to read, particularly online, I have
inserted some punctuation and tried to break the text into separate clauses.
Top of page