The will of Rev John Willis of Haddenham

John Willis left his only son John all his land, writing desk, gold watch, piano, Wines and spirits, books, papers, carriages, horses, and plate. His wife Sarah got all the household goods, furniture, linen, glass, china, and books 'with her name written in them'. He also left her his portrait until she died, at which point it would pass to his son. He had been left one-fifth of the consols in his Father's will; he was not allowed to touch them, but was allowed to bequeath them, so he directed that they be added to his estate, and directed that his trustees should purchase enough consols more to ensure an income of £30 per annum which should be given to the poor of Haddenham in the form of coal, and to do likewise (to the tune of £20 per annum) for the poor of Cuddington. The residue of his estate was to be divided into two parts, and invested in trust. The income from one half was to go to his wife Sarah, and after her death to his son John, and after his death to equally to any grandchildren, who would inherit the capital at age 21 (or upon marriage, if female and younger than 21). The income from the other half was for his son, and then his son's widow (if any), and then his grandchildren, who again would inherit at 21. If there were no grandchildren, it would go to his brother Thomas's children.

This is the last Will and Testament of me The Reverend John Willis of Haddenham in the County of Bucks Clerk I give and devise all my freehold and copy hold messuages lands tenements and hereditaments whatsoever and wheresoever with their appurtenances and all other my real estates whatsoever unto and to the use of John Willis my son born of the body of my first wife Catherine and whose maiden name was Catherine Dow? His heirs and assigns for ever subject nevertheless to any mortgage or mortgages which may be subsisting thereon at my decease and in exoneration of my personal Estate therefrom I give and bequeath unto my said son John Willis my writing desk gold watch Piano Forte Wines spirits and other liquors and all my books papers and manuscripts which at the time of my decease shall have my name written in them and all my carriages and horses and the harness and trappings thereto belonging and all my plate marked or impressed with a star or with the Initial Letters J. W. for his own absolute use and benefit And I give and bequeath unto my beloved Wife Sarah all my household goods furniture linen glass china and all the books with her name written in them and all my plate not hereinbefore bequeathed and all other my household effects and articles of use or ornament and whether personal or household ornaments for her own absolute use and benefit I also give and bequeath to my said Wife the portrait of myself To hold to her for her life and after her decease I give and bequeath the same unto my said son John Willis I give and bequeath the portrait of my brother in law Paul Wilmot Esquire unto his daughter Cathie Wilmot for her own use and benefit absolutely And I give and bequeath to each of my Executors hereinafter named the Legacy of One hundred pounds on their consenting to act as Trustees and Executors of this my Will payable within Twelve calendar months after my decease but I do hereby declare that notwithstanding the bequest of the said Legacies and their appointment as Trustees and Executors it shall be lawful for them to act as Attornies and Solicitors in the the Execution of the trusts herein contained or any of them and to make proper professional charges in respect thereof And I do hereby in pursuance of the power given to me in this behalf in and by the Will of my deceased Father The Reverend Thomas Willis appoint that the one fifth part or share of the trust monies stocks funds and securities in his Will mentioned over which I have by virtue of the said Will the general power of Testamentary appointment and all and every the stocks funds and securities which do now or shall at my decease repressed? the said One fifth part or share shall as soon as conveniently may be after my decease be paid assigned and transferred unto my Executors so as to fall into and be considered in all respects as part of my general personal Estate And I do hereby direct that my Executors shall and do within twelve calendar months next after my decease by and out of such part of my personal estate or of the Estate or Property hereinbefore appointed under my said late father's Will as may be properly applicable for charitable purposes purchase in the names of the Vicar and Churchwardens for the time being of the Parish of Haddenham aforesaid such a sum of Three pounds per cent Consolidated Bank Annuities as by the dividends thereof will produce the annual income of Thirty pounds subject to property tax if any and also subject to the Legacy or Succession tax or duty To the intent that the dividends and annual ? Of such Bank Annuities subject as aforesaid may be a perpetual fund and be applied in the month of January in every year in the purchase of coal or other fuel to be distributed to such of the Poor of the said Parish of Haddenham as in the Opinion of the Vicar and churchwardens for the time being of that Parish shall be most deserving and in such manner and proportions as they shall think proper And I direct that the receipt or acknowledgement in writing of the Vicar and Churchwardens for the time being of the said Parish of Haddenham in whose name such Bank Annuities shall be so purchased as aforesaid shall be a sufficient discharge to my Executors for such Bank Annuities or the money which shall be applied in the purchaser thereof And I further direct that from time to time when a new Vicar shall be instituted and inducted into the Living of Haddenham aforesaid and that such other times as the Vicar and Churchwardens for the time being of the said parish of Haddenham shall think fit the Bank Annuities so to be purchased as aforesaid shall be transferred into the names of the Vicar and Churchwardens for the time being of such Parish in order that they be enabled to perform the trust hereinbefore declared of the dividends thereof and that the expenses of and instant to every such Transfer and the receipt of the dividends from time to time of the said Bank Annuities shall be paid out of such dividends And I do hereby further direct that my said Executors shall and do within twelve calendar months next after my decease by and out of such part of my personal Estate or of the Estate or Property hereinbefore appointed under my said late father's Will as may be properly applicable to charitable purposes purchase in the names of the Vicar and Churchwardens for the time being of the Parish of Cuddington in the said County of Bucks such a sum of Three pounds per cent Consolidated Bank Annuities as by the dividends thereof will produce the annual income of Twenty pounds subject to property tax if any And also subject to the Legacy or Succession tax or duty To the interest that the dividends and annual Income of such last mentioned Bank Annuities may be a perpetual fund and be applied in the month of January in every year in the purchase of Coal or other such to be distributed to such of the Poor of the said Parish of Cuddington as in the Opinion of the Vicar and Churchwardens for the time being of that Parish shall be most deserving and in such manner and proportions as they shall think proper And I direct that the receipt or acknowledgement in writing of the Vicar and Churchwardens for the time being of the said Parish of Cuddington in whose names such Bank Annuities shall be so purchased as aforesaid shall be a sufficient discharge to my Executors for such Bank Annuities or the money which shall be applied in the purchase thereof And I further direct that from time to time or when a new Vicar shall be instituted and inducted into the Living of Cuddington aforesaid and that such other times as the Vicar and Churchwardens for the time being of the said Parish of Cuddington shall think fit the Bank Annuities so to be purchased as ? Aforesaid shall be transferred into the names of the Vicar and Churchwardens for the time being of such Parish in order that they may be enabled to perform the trust hereinbefore declared of the Dividends thereof and that the expenses of and ? To every such transfer and to the receipt of the Dividends from time to time of the said last mentioned Bank annuities shall be paid out of such dividends And as to and concerning all the Residue and Remainder of my Personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever not hereinbefore otherwise disposed of (after and subject to the payment of all my just debts and funeral and testamentary expenses) I give and bequeath the same unto Robert Manley Lowe of the In Temple London Gentleman and Joseph Parrott of Aylesbury in the County of Bucks Gentleman Upon trust that they or the survivor of them or the executors or administrators of such survivor do and shall with all convenient speed after my decease call in sell and dispose of or otherwise convert into money my said residuary personal Estate and Effects other than such part thereof as shall at my decease consist of such a stocks funds or securities as next hereinafter mentioned And do and shall lay out and invest the monies which shall arise from and constitute and be the produce of my said residuary personal estate (other than as aforesaid) in their or his names or name in or upon some or one of the Parliamentary Stocks or public funds of Great Or at interest upon government or securities or upon mortgage of freehold copyhold or long leasehold lands tenements or hereditaments in England or Wales and do and shall from time to time alter vary and transpose the said trust monies stocks or funds and securities and also any such stocks funds or securities as may be part of my said residuary personal Estate at my decease for or into any other such stocks funds or securities as aforesaid as often as they or he shall think fit and do and shall stand and be possessed of and interested in my said residuary personal Estate and the stocks funds and securities in or upon which the same may be invested or which may represent the same and the dividends interest and annual produce thereof Upon the trusts following that is to say as to one moiety or equal half part of the said trust monies stocks funds and securities in the interest dividends and annual produce thereof Upon trust that they or he my said Trustees or Trustee do and shall pay unto my said Wife Sarah or her assigns or permit or authorise her or them to receive and take the interest dividends and annual produce of the said moiety or half part of the said trust monies stocks funds and securities for her natural life and from and after the decease of my said Wife then so and shall pay the interest dividends and annual proceeds of the said moiety or half part unto or permit or authorise the same to be received by my said son John Willis or his assigns for his natural life and after his decease do and shall stand and be possessed of the said moiety of the said trust monies stocks funds and securities out of the interest dividends and annual produce thereof In trust for the child if only one or if more than one all and every the children of the said John Willis equally to be divided between or among them share and share alike the share or shares of such child or children as shall be a son or sons to be paid or transferred to him or them respectively subject nevertheless or without prejudice to the preceding Trusts at his or their age of respective ages of Twenty-one years and the share or shares of such child or children as shall be a daughter or daughters to be paid or transferred to her or them respectively subject nevertheless or without prejudice as aforesaid at her or their age or respective ages of Twenty-one years or day of respective days of marriage (which shall first happen) Provided always And I hereby declare that if any of the children of the said John Willis being a son or sons shall die under the age of Twenty-one years or being a daughter or daughters shall die under that age without being or having been married then in the share or shares of him or them so dying and in the said moiety of the said trust monies stocks funds and securities as well original as accruing under this present clause or so much thereof as shall not have been applied for the advancement of any such child or children pursuant to the power hereinafter in that behalf contained shall go accrue and belong to the survivors or survivor of the said children and the executors administrators and assigns of such of them (if any) as shall be then dead having first acquired an absolute and indefeasible interest or interests in his her or their original share or shares at their of and shall if more than one be equally divided between or amongst such survivors or survivor of them and the said representatives of such of them (if any) as shall be then dead as aforesaid share and share alike such representatives taking only the share or shares which such deceased child or children would have taken if living and the share or shares so surviving or accruing as aforesaid shall be payable and transferable respectively at such and the same respective ages and times as I hereby provided and declared concerning his her or their original share or shares And in case there shall be no child of my said son John Willis or their being any child or children if he/she or they being a son or sons shall depart this life under the age of Twenty-one years or being a daughter or daughters shall depart this life under that age without having been married then after the decease of my said Wife and my said son of the said Trustees or Trustee shall pay the interest dividends and annual produce of the same moiety of the said trust monies stocks funds and securities unto any person who shall be his Widow or her assigns for the term of her natural life And as to the other or remaining moiety or half part of the said trust monies stocks funds and securities and the interest dividends and annual produce thereof Upon trust that the said trustees or trustees do and shall pay unto my said son John Willis or his assigns or permit or empowered him or them to receive and take the interest dividends and annual produce of the same moiety for the term of his natural life And from and after his decease do and shall pay the interest dividends and annual produce of the same moiety of the said trust monies stocks funds and securities to any person who shall be his widow or her assigns for the term of her natural life And from and after the decease of my said son John Willis and of his Widow if any then do and shall stand and be possessed of the same last mentioned moiety of the said trust monies stocks funds and securities and the interest dividends and annual produce thereof Upon such and the same trusts for the benefit of the child or children of the said John Willis and with such provisions by way of survivorship ? between and amongst them as are hereinbefore expressed in his her or their favour of and concerning the said first mentioned moiety of the said trust monies stocks funds and securities Provided always And I do hereby further declare that it shall be lawful for the Trustees or Trustee for the time being of this my Will after the decease of the person or persons respectively having a prior life interest or prior life interests therein to apply all or any part of the dividends interest and annual proceeds arising from the share for the time being of each and every child of the said John Willis under this my Will being and Infant of and in the said trust monies stocks funds and securities during his or her minority in or towards his or her maintenance and support and education in such manner as my said trustees or trustee it shall think fit and proper And further that it shall be lawful for the said trustees or trustee for the time being after the decease of such person or persons respectively as aforesaid to pay the interest dividends and annual produce of such shares of any such infant child as aforesaid into the hands of the widow of any of the said John Willis so long as such child shall be living with and maintained by her and ? Of the application of such interest dividends and annual proceeds so paid as last aforesaid shall be called for or required from such widow or from the said trustees or trustee on any pretence whatsoever And that if in any year or years such trustees or trustee shall not in pursuance of the last mentioned Trust apply for the maintenance and education of any such child the whole of the annual income so and made applicable to such purposes then and so often as the same shall happen the surplus thereof shall be invested in any such stocks funds or securities as aforesaid and accumulated and go along with the original share from or in respect of which the same shall have arisen or been produced and be subject in all respects to the trusts of such original share Provided also and I do hereby further declare that it shall be lawful for the trustees or trustee for the time being of this my Will with the consent in writing of the person or respective persons having a prior life interest or prior life interests therein and after the decease of such person or persons then at the uncontrolled discretion of the said trustees or trustee to apply any part not exceeding One third part of the share or shares or expectant or presumptive share or shares of each and every of the children of the said John Willis of and in the said trust monies stocks or funds and securities for or towards the advancement in the world or otherwise for the benefit of such child or children respectively But in case there shall be no child of my said son John Willis living at my decease or born afterwards who being a son shall live to attain the age of Twenty one years or being a daughter shall live to attain that age or be married Then I direct that the said Trustees or Trustee shall and do stand possessed of and interested in the said trust monies stocks funds or securities or so much of their of as shall not be applied for the advancement of any child or children of him my said son pursuant to the power for that purpose hereinbefore contained In trust for all and every the children of my brother The Reverend Thomas Willis already born and hereafter to be born who shall be living at the time of the failure or determination of the trusts hereinbefore declared for the benefit of my said Wife and Son and his issue and Widow if any of and concerning the said trusts or monies stocks funds or securities and who being a son or sons shall then have attained or shall afterwards live to attain the age of Twenty one years or being a daughter or daughters shall then have attained the age of Twenty-one years or been married or shall afterwards live to attain that age or be married which shall first happen and if there shall be two or more such children then equally to be divided between or among them as Tenants in common but if there shall be only one of such child either son or daughter as the case may be then in trust for such one child Provided always and I do hereby direct that in case any one or more of the children of my said brother shall happen to die before such failure or determination of Trusts as aforesaid leaving issue one or more child or children of his her or their body or bodies who shall be living at the time of such failure or determination and who being a son or sons shall live to attain the age of Twenty-one years or being a daughter or daughters shall live to attain that age or be married which shall first happen then and in such case the share to which each such child so dying would if he or she have been then living have become absolutely or presumptively entitled as aforesaid of and in the said trust monies stocks or funds or securities shall be In trust for his or her child or children who being a son or sons shall live to attain the age of twenty-one years or who being a daughter or daughters shall lift attain that age or be married which shall first happen and if there shall be two or more such lastly mentioned children then equally to be divided between or amongst them but if there shall be only one such child either son or daughter as the case may be then In trust for such one child And in case there shall be any child or children grandchild or grandchildren of my said brother living at the time of such failure or determination of Trusts as aforesaid who shall be then entitled presumptively but not absolutely to any share or shares of the aforesaid trust monies stocks funds or securities then I direct that my said trustees or trustee for the time being shall in the meantime from and after such failure or determination apply the interest dividends and annual produce of the presumptive share for the time being of each such child or grandchild in such trust monies stocks funds or securities or so much of such interest as such Trustees or Trustee shall in their or his discretion think proper for or towards the maintenance and education of such child or grandchild until such his or her share shall become vested and payable or he or she shall previously die and that if in any year or years such trustees or trustee shall ? Of the last mentioned trust apply for the maintenance and education of any such child or grandchild the whole of the annual interest so and made applicable to such purposes then and so often as the same shall happen the surplus thereof shall be invested in any such stocks funds or securities as aforesaid and accumulated and go along with the original share from or in respect of which the same shall have arisen or been produced and be subject in all respects to the trusts of such original share Provided always and I do hereby direct that the receipt or receipts in writing of the acting trustees or trustee for the time being of this my Will shall be a good and effectual discharge for all monies which shall come to their or his hands by virtue of or under this my said Will on the trusts or powers of aforesaid or for so much of such monies respectively as in such receipt or receipts shall be acknowledged to be received and that the person or persons paying any such monies and taking such receipt or receipts for the same as aforesaid shall not afterwards be obliged to see to the application or nonapplication their of Provided also And I do hereby further declare that if the said Trustees hereinbefore named and appointed or either of them shall die in my lifetime or shall at or after my decease renounce or disclaim the trusts of this my Will or if they the said Trustees or any new Trustee or Trustees to be appointed as hereinafter mentioned or any of them shall at any time happen to die or be desirous to be discharged from or shall refuse or decline or become incapable to act in the execution of any of the Trusts hereinbefore expressed before the same trusts shall have been fully performed then and in every such case it shall be lawful for my said Wife and my said son John Willis or the survivor of them with the consent and approbation of the surviving or acting or continuing Trustee or Trustees for the time being and after the decease of the survivor of them for the surviving or acting or continuing trustee or trustees for the time being or if there be none such then for the renouncing disclaiming or retiring trustee or trustees or for the acting Executors or Executors or the administrators or administrators of the Last surviving or acting trustee by any writing or writings to be sealed and delivered by the persons or person exercising this present power in the presence of and to be attested by two or more credible witnesses from time to time to nominate constitute and appoint any other person or persons to be a Trustee or Trustees in lieu of the trustee or trustees so dying renouncing disclaiming desiring to be discharged or refusing declining becoming incapable to act as aforesaid And that on any appointment of such new Trustee or Trustees the said trust monies stocks funds and securities for the time being shall be vested in such new Trustee or Trustees jointly with the surviving or continuing Trustee or if there should be no surviving or continuing Trustee then in such new Trustees only Upon and for such trusts interests and purposes as are hereinbefore declared and expressed of and concerning the said trust monies stocks funds and securities or such of them as shall be then subsisting and capable of taking effect And I do hereby declare that all and every such new Trustees and Trustee shall and may in all things either before or after such vesting act and assist in the management carrying on and execution of the trusts to be reposed in them or him as fully and effectually and with all such powers authorities and direction to all interests and purposes whatsoever as if he or they had been originally named by this my Will a Trustee or Trustees for the purposes of aforesaid or as the Trustees or Trustee in whose place such new Trustee or Trustees shall succeed could have done by virtue hereof if he or they have been living and acting or continuing to act in the execution of the said trusts or powers And I do hereby declare that the said Trustees hereby appointed and such new Trustees as aforesaid and each of them their and each of their heirs executors and administrators shall be charged and chargeable only with and for so much of the said trust monies hereinbefore mentioned as they respectively shall actually received notwithstanding their respectively joining with any Trustee or Trustees in the signature of receipts for the sake of conformity and that any one or more of such Trustees shall not be answerable or accountable for any other or others of them or for the acts deeds receipts neglects or defaults of any other or others of them but each of them for his own respective acts deeds receipts neglects and defaults only nor shall they or any or either of them be answerable or accountable for any misfortune loss accident or damage which shall or may happen in the execution of any of the trusts or powers herein expressed or otherwise in relation thereto and less the same shall happen through their or his own wilful neglect or default respectively And I do hereby declare that it shall be lawful for the said Trustees and such new Trustee as aforesaid and each of them their and each of their heirs executors and administrators by and out of the monies which shall from time to time come to their or his respective hands by virtue of this my Will to retain to and reimburse themselves and himself respectively and to allow to their or his respective Cotrustees or Cotrustee all such costs charges and expenses as they or any or either of them shall or may sustain or incur in or about the execution of any of the trusts or powers herein expressed or otherwise in relation thereto And I do hereby further declare that the receipt or receipts in writing of the acting Trustees or Trustee for the time being of this my Will shall effectually discharge all and every the persons or person paying any monies to them or him under or by virtue of this my Will all the trusts or powers hereby in them or him reposed from be answerable or accountable for any loss misapplication or nonapplication and from being obliged to see to the application of such monies or so much thereof as in such receipt or receipts shall be expressed or act knowledge to be received And I nominate and appoint the said Robert Manley Lowe and Joseph Parrott Executors of this my Will and hereby revoking all former and other Wills and Testaments dispositions by me at any time heretofore made I declare this only to be my last Will and Testament In Witness whereof I the said John Willis the Testator have to each of the nine preceding sheets of this my last Will and Testament contained in ten sheets of paper set my hand only and to this tenth and last sheet thereof set my hand and seal this twenty fifth day of August in the year of our Lord One thousand eight hundred and fifty-four – John Willis – Signed Sealed and declared by the said John Willis the Testator as and for his last Will and Testament in the presence of others who were present at the same time and who in his presence and at his request and in the presence of each other have hereunto subscribed our names as Witnesses the several erasures alterations and interliniations opposite to which we have placed our initials having been first made – John West 4 Brecknock Terrace, Camden Town Middlesex – Joseph Richmond Servant to Mr Willis.

Proved at London the 20th June 1855 before the Worshipful ? Thomas Pratt Doctor of Laws and Surrogate by the Oaths of Robert Manley Lowe and Joseph Parrott the Executors to whom Admon was granted having been first sworn duly to administer