The Will of James Allcott of Bosbury, Gentleman, 1839
This is the last will and Testament of me, James Allcott, of The farm in the parish of Bosbury in the County of Hereford, Gentleman. First I give devise and bequeath unto my son John all that freehold cottage and land at Bishops Frome in the occupation of John James to hold to him, his heirs and assigns for ever Also I give devise and bequeath unto Henry Poole of Bars Court in the parish of Tarrington in the said County of Hereford, Gentleman, and Thomas Godsall of Temple Court in the parish of Bosbury aforesaid, Gentleman, all my freehold, leasehold and copyhold messuages, farms, lands, hereditaments and premises whatsoever and wheresoever that I shall die possessed of and of which I have any disposing power To hold to them, the said Henry Poole and Thomas Godsall, and the survivor of them and the heirs and assigns of such survivor of them nevertheless, upon trust that they, my said Trustees, or the survivor of them or the heirs, executors and administrators of such survivor, do and shall, as soon as may be after my decease, let the whole of any freehold, leasehold and copyhold messuages, farms, lands, hereditaments and premises for any term or number of years as to them shall seem meet so that such term or terms of years shall cease when my eldest son James Allcott shall arrive at the age of twenty three years.
Subject nevertheless as hereinafter mentioned, then I give and devise the whole of my freehold, leasehold and copyhold messuages, farms, lands, hereditaments and premises over which I have any disposing power unto my said son, James Allcott, his heirs and assigns for ever. But nevertheless and it is the true intent and meaning of me and of this my will and the before mentioned device to my said son, James Allcott, is made upon this express condition that, so soon as my said son, James Allcott, shall have arrived at the age of twenty three years, I do hereby request and desire him, my said son James Allcott, to come and assure unto my son, John Allcott, by good and sufficient conveyance and assurances in the law the whole of the freehold, leasehold and copyhold messuages, farms, lands, hereditaments and premises so given, devised and bequeathed to him my said son, James Allcot,t by my late uncle, John Allcott, deceased, and in case my said son, James Allcott, shall refuse when he arrives at the age of twenty three years to convey and assure unto my said son, John Allcott, the whole of such freehold, leasehold and copyhold messuages, farms, lands and hereditaments and premises so given to - James Allcott – him my said son, James Allcott, by my said late uncle, John Allcott, deceased and in such case I do hereby revoke and make void the before devise and bequest unto my said son, James Allcott, and do by this my last will and testament give devise and bequeath the whole of my said freehold, leasehold and copyhold messuages, farms lands, hereditaments and premises whatsoever and wheresoever that I shall die possessed of unto my said son, John Allcott, to hold to him, my said son, John Allcott his heirs and assigns for ever.
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And, subject to the payment of all my just debts, funeral and testamentary expenses and the expense of proving this my will, I give and bequeath unto them, the said the said Henry Poole and Thomas Godsall, and the survivor of them and the heirs, executors and administrators of such survivor, all my mortgages in fee, mortgages for terms, bonds, notes and securities for money and all my live and dead stock of what nature or kind soever, growing crops, implements in husbandry, dairy and brewing utensils and all other my personal property of what nature or kind soever that I shall die possessed of to hold to them, the said Henry Poole and Thomas Godsall, and the survivor of them and the heirs, executors and administrators of such survivor upon trust to make sale and dispose of so much and such part of my said stock crop household goods and personal estate as is in its nature saleable either by public auction or auctions private contract or contracts as to them or either of them shall seem best as soon as conveniently may be after my decease.
And out of such monies to arise and be made from such sale or sales as aforesaid and the monies to be called in as aforesaid or the rents to be received from my said freehold, leasehold or copyhold messuages, farms, lands, hereditaments and premises do and shall pay unto my wife, Sarah Allcott, the sum of fifty pounds per annum for and during the term of her natural life or so long, as she shall remain – James Allcott – unmarried, at two half yearly payments in every year by even and equal portions that is to say the first day of August and the second day of February the first payment thereof to begin and be made at upon such of the said days of payment that shall first happen next after my decease.
And in the next place do and shall maintain, educate and support my said two sons, James and John Allcott, until they shall respectively arrive at the age of twenty three years. And so soon as my said sons, James and John Allcott, shall arrive at the respective ages of twenty three years, then I do hereby direct my said trustees and the survivor of them and the heirs executors and administrators of such survivor, to divide the whole of the unapplied monies arising from the sale of my said personal estate and effects and monies to be called in as aforesaid and to arise from the rents issues and profits of my said freehold, leasehold and copyhold messuages, farms, lands, hereditaments and premises equally between my said two sons, James and John Allcott, share and share alike. And in case my said sons, James and John Allcott, shall depart this life before they shall respectively arrive at the age of twenty three years without leaving lawful issue, then I give and bequeath the whole of my said personal estate and effects unto my nephew, James Thomas Mutlow, of the parish of Bishops Frome in the County of Hereford, Gentleman, provided always that in case the said Henry Poole and Thomas Godsall or either of them shall at anytime or times hereafter happen to die or desire to quit and be discharged from the aforesaid trust hereby in them by me respectively reposed, then and so often it shall and may be lawful for the remaining or other trustee by any deed or deeds in writing or writings under his hand and seal attested by two credible witnesses from time to time and as often as by such death or resignation of the said trustee it shall become necessary or inconvenient to nominate or appoint such other person or persons as to him should be thought fit to be a trustee or trustees shall act in all trusts hereby by me reposed in the trustees hereby appointed in the room or place of the trustee so dying or desiring to be discharged from the said trusts it shall and may be lawful to and for him and them to limit appoint and convey, release and assign and give up his or their trusts, estates and interests in the said hereditaments and premises and personal property herein before mentioned and the same shall become vested in the new trustee or trustees so to be appointed as aforesaid and every other new trustees or trustee to become interested therein together with the former trustees or trustee other than – James Alcott – such as have desired to be discharged or who shall have resigned, released, assigned and relinquished his and their trusts, estates and interests as aforesaid, shall in like manner have the free power and authority as often as it shall be necessary or requisit with such consent as aforesaid to be testified nominate and appoint any other person or persons to succeed in the said trusts and to stand and be a trustee or trustees for the purposes aforesaid in the room and stead Of any former trustee or trustees so dying or desiring to be discharged from the said trusts.
And I do hereby declare that the receipt or receipts of my said trustees and the survivor of them and the heirs, executors and administrators of such survivor shall be good and sufficient discharge or discharges to any purchaser or purchasers of all or any part of my said personal estate for so much money as in such receipt or receipts shall be acknowledged or expressed to be received. And that my said trustees and the survivor of them, his heirs, executors and administrators shall not be answerable or accountable for any more of the said trust monies than what they or either of them shall actually receive nor the one of them for the other of them but each of them for his own acts neglects and defaults only. And that my said trustees and the survivor of them and the heirs, executors and administrators of such survivor, shall reimburse and pay himself and themselves all reasonable costs, charges and expenses that they or either of them may be put unto for or by reason of the trusts by me in them reposed as well for loss of time and trouble as other necessary expenses.
And I do hereby nominate, constitute and appoint my said wife, Sarah Allcott, Henry Poole and Thomas Godsall joint executrix and executors of this my last will and testament hereby revoking all former and other will and wills heretofore by me made and ratifying and confirming this to be my last will and testament.
In witness whereof I have to this my last will and testament contained on four sheets of paper to the first three set my hand and to this fourth and last sheet, my hand and seal this 5th. day of September One thousand eight hundred and thirty nine – James Allcott LS [locus sigillum - Latin meaning marking the place of the seal]
Signed, sealed, published and declared by the testator, the said James Allcott, as and for his last will and testament in the sight and presence of us who at his request in his sight and presence and in the sight and presence of each other have subscribed our names as witnesses hereunto the interlineations between the third and fourth lines from the top of the first sheet and the obliteration in the second sheet being first taken notice of by us.
William H. Bridges, Eastwood, Tarrington
Thomas Galliers, Solicitor, Castle Nr. Ledbury
Proved at Hereford 14th August 1841 before the Revd .... Wa... Corbett, Clerk M.A. Vicar Gent and by the oaths of Sarah Allcott, widow, and Henry Poole, two of the executors within named (a power being first reserved for Thomas Godsall, the other executor, to prove the same at any time hereafter).
To whom sworn under £2,000 }
Testator died 2nd July 1841 }
Thomas Ivans, Notary Public, Dep[uty] Reg[istrar], Hereford
