In the name of God amen I Thomas Whiting of Rushden in the County of Northampton victualler being weak in health but of Sound and disposing mind memory and understanding blessed be God for the same do this twentieth day of March in the year of our Lord one thousand eight hundred and thirty six make, publish and declare this my last will and testament in manner and form following, first I desire that my body may be decently interred at the discretion of my Executors hereinafter named and I do hereby direct that all my just debts Funeral and Testamentary expenses be paid out of my personal Estate hereinafter named. I give devise and bequeath unto my brother John Whiting of Emberton in the County of Buckingham Farmer and to my friend Thomas Cleaver of Wellingborough in the County of Northampton Auctioneer all my undivided share or interest in those three Freehold Messuages or Tenements with yards, gardens and appurtenances which are now the joint property of me and my sister and brothers situate at Brayfield commonly called Brayfield on the Green in the said County of Northampton in Trust that they the said John Whiting and Thomas Cleaver apply the income of the said share or interest in the said Messuages or Tenements and appurtenances after deducting all necessary repairs, unto the use and for the maintenance and education of my Daughter Elizabeth Whiting until she attains the age of twenty one years, and on her attaining the age of twenty one years then I give devise and bequeath my said share or interest in the said Estate unto my said Daughter her heirs executors, administrators and assigns absolutely forever and should my said Daughter die before she attains the age of twenty one years, then, and in that case; I give devise and bequeath all my said share or interest in the said Messuages or Tenements and appurtenances unto my dear Wife Mary Whiting her heirs executors, administrators and assigns absolutely forever but should my said Wife and Daughter both die before my said Daughter arrives at the age of twenty one years then and in that case I will and direct that my Executors hereinafter named shall sell and dispose of my said share or interest in the said Messuages or Tenements and appurtenances either by public auction or private contract as they may think most proper and after paying all expenses attending such sale that the monies arising therefrom subject also to the deduction of legacy duties shall be equally divided between my Brothers and Sisters which may then be living.
I give and bequeath unto my Executors hereinafter named all my household furniture, beds, bedding, plate, linen, glass, china, brewing vessel, ale casks, ale, wines, spirits, live and dead farming stock, book debts, money and securities for money and all other my Personal Estate and effects whatsoever and wheresoever and of whatever nature kind or quality the same may consist of at the time of my decease in Trust that they my said Executors may at their discretion hold the same and carry on my present business for the future joint use benefit maintenance and education of my said Wife Mary Whiting and my said Daughter Elizabeth Whiting or sell and dispose of the same at any time they my said Executors may think proper and in such a manner as they may think proper, and in the event of their selling my said personal property then and in that case after paying all my just debts, Funeral and testamentary expenses to divide the money arising from the sale of the same between my said Wife and said Daughter in manner following.
It is my will and desire as nearly as can be done that my said Wife Mary Whiting and my said Daughter Elizabeth Whiting should partake of and enjoy equally between them the whole of my worldly possessions and having by this my last Will and Testament devised to my said Daughter my share or interest in the freehold Messuages or Tenements and appurtenances at Brayfield aforesaid, it is my will and I do hereby give and bequeath unto my said Wife out of the sale of my personal property aforesaid the sum of one hundred pounds over and above the half of what it may realize to and for her own absolute use and benefit, and after dividing the amount of money which may be realised from the sale of my personal property aforesaid and adding the said sum of one hundred pounds to my said Wife’s moiety, then I give and bequeath the residue unto my before mentioned Brother John Whiting and my before mentioned friend Thomas Cleaver in trust that they the said John Whiting and Thomas Cleaver shall place the same out to interest upon such security or securities as they may think best and the interest arising from the same to be applied to the further maintenance and education of my said Daughter Elizabeth Whiting until she attains the age of twenty one years, and on her so attaining the age of twenty one years then the whole principal and interest due at that time to be paid to my said Daughter for her own absolute use and benefit, and should my said Daughter die before she attains the age of twenty one years then I will and direct that the said principal and interest shall be paid to my said Wife, but should my said Wife and Daughter both die before my said Daughter attains the age of twenty one years then I will and direct that the said principal and interest shall be divided in the same manner as my share or interest in my before mentioned freehold Messuages or Tenements and appurtenances.
And I do hereby make, ordain, nominate, constitute and appoint my said Brother John Whiting and my said friend Thomas Cleaver and the survivor of them Executors and Executor of this my last Will and Testament.
And I hereby declare that my said Executors and the survivor of them, and the Executors and administrators of such survivors, shall and may at all times reimburse and indemnify themselves and himself respectively, and deduct and retain to themselves and himself respectively out of the Trust Estate and premises, all such costs, charges, damages and expenses as they or either of them, shall or may at any time expend, lay out and be put unto, for or by reason of all any or either of the trusts hereby in them reposed, and that neither of them shall be answerable for any loss which may happen to any of the said trust premises, unless such loss happen through his or their wilful neglect or default, nor for any loss which may happen by depositing any money in the hands, keeping or custody of any public or common banker, nor the one for the other of them, nor for more monies than shall actually come into each of their hands respectively.
And hereby revoking and making void all former or other wills by me at any time heretofore made, I declare this to be my only true last Will and Testament in witness whereof I the said Thomas Whiting the Testator have to this my will contained on this one sheet of paper set my hand and seal the day and year first above written.