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Transcribed by John Collins, 2012
Thomas Smith - will 1817

This is the Last Will and Testament of me Thomas Smith of Rushden in the County of Northampton Farmer which I do make publish and declare in manner following (that is to say) First I direct that all my just debts funeral and testamentary expenses shall be fully paid satisfied and discharged by my executors hereinafter named. I Give and devise unto my Housekeeper Hannah Jaquest All that messuage or tenement and Garden situate and being in Rushden aforesaid now in the occupation of Elizabeth Parker widow together with all and singular the rights members privileges and appurtenances whatsoever to the same belonging To hold the said messuage or tenement Garden and premises with their appurtenances unto and to the use of the said Hannah Jaquest her heirs and assigns for ever. I Give and Bequeath to my Brother William Smith of Little Creaton in the parish of Spratton in the said County of Northampton Farmer my Silver Tankard which I desire may be delivered to him by my executors immediately after my decease. Also I Give and Bequeath unto William Achurch one of the Sons of my Nephew Samuel Achurch of Rushden aforesaid Baker the Sum of One Hundred Pounds and unto Samuel Achurch and John Achurch two other of the sons of my said Nephew Samuel Achurch the Sum of twenty five pounds a piece. Also I Give and Bequeath unto William York and Samuel York the Sons of Thomas York of Rushden aforesaid Shepherd the Sum of five pounds a piece. All which said Legacies I do direct shall be paid at the expiration of twelve Calendar Months next after my decease to such of my said Legatees as shall then have attained the age of twenty one years. And to such of them as shall not then have attained the said age when and as they shall severally attain the said age and I direct that the Legacies of such of my said Legatees as shall not have attained the age of twenty one years at the expiration of twelve Calendar months next after my decease shall immediately thereafter or as soon as conveniently may be, be put out to interest by my trustees hereinafter named upon Government or real Security which interest shall be applied and appropriated for and towards their maintenance and education during their respective minorities. I Give and devise unto my said Brother William Smith my Nephew John Achurch of Wymington in the County of Bedford Farmer and William Keep of Wellingborough in the said County of Northampton Brazier All and every other my messuages Lands tenements hereditaments and real estates whatsoever situate and being at Rushden and Wymington aforesaid or elsewhere in the United Kingdom of Great Britain and Ireland (the customary or copyhold parts whereof I have duly surrendered to the use of my Will) together with all and singular the rights members and appurtenances whatsoever to the same belonging and all my Estate right title and interest therein or thereunto To hold the same hereditaments and premises and every part of thereof with their appurtenances unto and to the use of my said Brother William Smith my said Nephew John Achurch and the said William Keep their heirs and assigns for ever upon trust nevertheless and to the intent and purpose that they or the Survivors or Survivor of them or the heirs of such Survivor do and shall as soon as conveniently may be after my decease absolutely see and dispose of all and every my said last mentioned messuages lands tenements hereditaments and real estates either by Public Auction or Private Contract and together or in Parcels at and for the best price or prices and for the most money which can or may be reasonably had or gotten for the same and my will is and I do hereby direct that the money arising by such sales and the rents issues and profits of the said hereditaments and premises in the mean time and until the same shall be sold shall be added to and made part of my personal estate and shall be paid applied and disposed of in such manner and for such purposes as I have hereinafter directed concerning my personal estate hereinafter by me given and bequeathed and for promoting and facilitating the sale of my said Estates I do hereby declare that the receipt or receipts of my said trustees or the Survivors or Survivor of them or the heirs of such Survivor for the Purchase money for the said hereditaments and premises shall be a good and sufficient discharge or good and sufficient discharges to the purchaser or purchasers of the dais premises or of such part or parts thereof which shall be so sold for so much of the Purchase money as in such receipt or receipts shall be acknowledged or expressed to be received and that such Purchaser or Purchasers after such receipt or receipts shall not be obliged to see to the application of such purchase money or any part thereof or be in any way answerable or accountable for the Loss misapplication or non application thereof or of any part thereof Also I Give and Bequeath unto my four nieces Elizabeth the wife of William Wright of Knuston Lodge in the parish of Irchester in the said County of Northampton Farmer Mary the wife of Thomas Wallis of Farndish in the County of Bedford and Northampton or one of them farmer Sarah Ann the wife of Samuel Achurch of the parish of Saint Neots in the County of Huntingdon Farmer and Jane Achurch of Rushden aforesaid spinster the four daughters of John Achurch of Rushden aforesaid Farmer All my Household Goods and furniture plate Linen and China equally to be divided between them share and share alike And as to all my money and Securities for money and all other my personal estate and effects whatsoever and wheresoever and of what nature kind or sort soever the same shall or may consist at the time of my decease not herein by me given and disposed of I do give and bequeath the same and every part thereof unto my said Brother William Smith my said Nephew John Achurch and the said William Keep their executors and administrators Upon trust that they or the Survivors or Survivor of them or the executors or administrators of such Survivor do and shall as soon as conveniently may be after my decease collect get in and receive all and every Sum and Sums of money which shall or may be due and owing to me from any person or persons whomsoever at the time of my decease and sell and dispose of my personal estate and effects for the most money and best price or prices which can or may be reasonably had or gotten for the same and do and shall by and out of the monies pay satisfy and discharge all my just debts the several Legacies hereinbefore by me given and bequeathed the Legacy of ten pounds ten shillings hereinafter by me given and bequeathed to the said William Keep and my funeral and testamentary expenses And from and after payment and satisfaction thereof upon trust that they my said trustees or the Survivors or Survivor of them or the executors and administrators of such Survivor do and shall pay distribute divide and retain All the rest residue and remainder of the monies which shall arise or be produced from my said real and personal estates in manner following (that is to say) As to one fourth part thereof upon trust to pay and retain the same to and for the sole use and benefit of my said Brother William Smith his executor or administrators if he shall be living at the time of my decease but if he shall die in my lifetime then upon trust to pay distribute and divide the same unto between and amongst all and every the child and children of the said William Smith who shall be living at the time of my decease equally share and share alike if more than one and if nut one then to such only child the shares of him her of then respectively who shall not then have attained the age of twenty one years to be paid when and as he she or they shall respectively attain such age and the interest thereof respectively in the mean time to be paid and applied for and toward their respective maintenance and education. And as to one other fourth thereof upon trust that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such Survivor do and shall place out and invest the same at interest in their or his name or names on Government or other real Security or Securities so as the best annual interest be made thereof that conveniently may be and from time to time to call in the said money so to be placed out as aforesaid or make all of the funds or Securities wherever or whereon the same shall be invested and to replace out the monies thereby arising in or upon such new or other Stocks funds or Securities wherein or whereon the same or like nature as they or he shall think proper And upon further trust that they my said trustees or the Survivor or Survivor of them or the executors or administrators of such Survivor do and shall pay the interest dividends and produce of the said money so to be placed out as aforesaid as the dame shall become due and be received by them unto my Sister Elizabeth Worlidge of Wellingborough aforesaid widow and her assigns for and during the term of her natural Life And from and immediately after her decease then upon trust that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such Survivor do and shall pay and divide two fourth parts of the said money so to be placed out and invested as aforesaid and a proportionate part of the unapplied interest Dividends and Produce thereof (if any) unto and between my said Nieces Sarah An Achurch and Jane Achurch equally share and share alike and do and shall continue or replace out and invest the remaining two fourth parts of the said money so to be placed out and invested at interest as aforesaid in their or his names or name on Government or real Security or Securities so as the best Annual interest be made thereof that conveniently may be and from time to time to call in the said money so to be placed out as aforesaid or make sale of the funds or Securities wherein or whereupon the same shall be invested and to replace out the same in or upon such new or other Stocks funds or Securities of the same or like nature as they or he shall think proper And upon trust they my said trustees or the Survivors or Survivor of them or the executors and administrators of such Survivor do and shall during the natural Lives of my said Nieces Elizabeth the wife of the said William Wright and Mary the wife of the said Thomas Wallis respectively receive the interest dividend and pay the same as the same shall become due and be received by them unto them my said nieces Elizabeth Wright and Mary Wallis for and during the terms of their respective natural Lives to and be their own respective use and benefit and not to be subject or liable as the debts control or management of their respective husbands are their receipt only to be sufficient discharges and from and after the respective deceases of my said nieces Elizabeth Wright and Mary Wallis Upon trust that they my said trustees or the Survivor so and shall pay distribute and divide the said remaining two fourth parts of the said money so to be placed out as aforesaid and the unapplied interest dividends and produce thereof in manner following (that is to say) One half paid thereof unto between and amongst all and every the child and children of my said niece Elizabeth Wright who shall be living at the time of her decease (if more than one) equally share and share alike and if but one such child then to such only child his or her executor or administrators And the other half part thereof unto between and amongst all and every the child and children of my said niece Mary Wallis who shall be living at the time of her decease (if more than one) equally share and share alike and if but one such child then to such only child his or her executors or Administrators and as to the remaining two fourth parts of the monies which share arise or be produced from my said real and personal Estates as aforesaid Upon trust that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such Survivor do and shall pay distribute retain and divide the same in manner following (that is to say) four sixth parts thereof unto and between my Nephews the said John Achurch and his Brother William Achurch and my said nieces Sarah Ann Achurch and Jane Achurch in equal shares and proportions And do and shall place out and invest the remaining two sixths parts of the said monies at interest in the names or name of them my said trustees or the Survivors or Survivor of them or the executors or administrators of such Survivor on Government or other real Security or Securities so as the best annual interest be made thereof that conveniently may be and from time to time to call in the said money so to be placed out as last aforesaid or make sale of the funds or Securities wherein or whereupon the same share be invested and replace out the monies thereby arising in or upon such new of other Stocks funds or Securities of the same or the like nature as they or he shall think proper And upon further trust that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such Survivor do and shall during the natural lives of my said nieces Elizabeth Wright and Mary Wallis respectively secure the interest dividends and produce of the said monies so to be placed out as last aforesaid and pay the same as the same shall become due and be received by him unto them my said nieces Elizabeth Wright and Mary Wallis for and during the terms of their respective natural Lives to and for their own respective use and benefit and not to be subject or liable to the debts Control or management of their respective husbands and their receipts only to be sufficient discharges and from and after the respective deceases of my said nieces Elizabeth Wright and Mary Wallis upon trust that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such Survivor do and shall pay distribute and divide the said monies so to be placed out as last aforesaid and the unapplied interest dividends and produce thereof in manner following (that is to say) one half part thereof unto between and amongst all and every the child and Children of my said niece Elizabeth Wright who shall be living at the time of her decease (if more than one) equally share and share alike and if but such Child then to such only Child his or her executors or administrators and the other half part thereof unto between and amongst all and every the Child and Children of my said niece Mary Wallis who shall be living at the time of her decease if more than one equally share and share alike and if but one such Child then unto such only Child his or her executives or administrators and I do hereby nominate constitute and appoint my said Brother William Smith my said Nephew John Achurch and the said William Keep executors of this my Last Will and Testament And I do Give and Bequeath unto the said William Keep the Sum of ten pounds ten shillings as an acknowledgment for the trouble his will have in the execution of this my will and my will is and I do hereby direct and declare that my said trustees or any or either of them shall not be answerable for or liable to make good and casual or involuntary Loss which at any time or times happen of the said trust monies or any part thereof or of any other monies which may come to their or either of their hands by virtue of this my will so as the same happens without his or their wilful neglect or default Nor shall my said trustees or any or either of them be answerable or accountable the one for the other of them or for the acts deeds receipts payments or engagements of the other of them but each for his own acts Deeds receipts payments or engagements - - - - only and for such monies only as shall actually come to their any or either of their hands and not for any monies for which they or any or either of them shall give or sign any receipt or receipts for Conformity and that it shall and may be lawful to and for my said trustees and each and every of them to deduct retain to and reimburse himself and themselves respectively by and out of the said trust money All such Costs charges and expences as they any or either of them shall or may pay bear suffer sustain expend or be put unto in or about concerning the execution of the trusts hereby in them reposed of any matter or thing relating thereto And Lastly herby revoking disannulling and making void all former and other wills and codicils by me at any time heretofore made I do declare this present writing to be and contain my only last will and testament In Witness whereof I the said Thomas Smith the testator have to this my Last Will and testament contained on Six Sheets of paper set my Hand and affixed my Seal (that is to say) my hand to the five preceding sheets and my hand and Seal to this sixth and last Sheet thereof the eleventh day of May in the year of our Lord One thousand eight hundred and fifteen – Thos Smith s/s – Signed Sealed Published and declared by the said Thomas Smith 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 hereunto Subscribed our names as witnesses the erasures on the tenth and eleventh Lines of the third Sheet hereof being first made and the interlineations between the ninth and tenth Lines of the said third Sheet being also first written Geo Burnham Attorney, Wellingboro’ – John Blott of Rushden Farmer – Eliz Pentelow of Rushden, Spinster

Proved in the Archdeaconry Court of Northampton the twenty seventh day of June in the year of our Lord One thousand eight hundred and seventeen by William Smith John Achurch and William Keep the executors therein named

NRO Ref: N W 27 Jun 1817 Tho Smith
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