Curson Family – Supporting Documents

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Will of John Curson Senior

The full text of the will

This is the last Will and Testament of me, John Curson, late of Deopham in Norfolk, Farmer, but now of Palgrave in Suffolk, Innkeeper.

First, I appoint Maria my Wife and Jeremiah Curson my brother Executrix and Executor of this my Will.

I give and devise, subject as hereinafter mentioned, all those several Cottages or Tenements with the Yards, Gardens and Appurtenances thereto belonging and held therewith situate in Deopham aforesaid and which descended to me after the death, and as heir at Law, of John Curson my son, subject to the right or dower of —- Curson the Widow of my said deceased son, therein to the use of such person or persons and for such Estate or Estates intents and purposes as Sarah Jane Curson my daughter shall, whether covert or sole and notwithstanding any coverture she may be under by and Deed or Deeds in writing to be executed by her in the presence of one or more Witness or Witnesses or by her last Will in writing to be executed by her in the presence of two or more Witnesses, Appoint and in default thereof and subject thereto unto and to the use of the said Sarah Jane my daughter, her heirs and assigns for ever;

And I charge the said Cottages or Tenements and Hereditaments with the payment of the principal sum of One hundred pounds now charged thereon by way of Mortgage or with so much of the said principal sum as shall remain due and charged thereon at my decease and with the interest to become due in respect of the said sum after my decease in complete exoneration of my personal Estate and of all my other real Estate, and I empower and direct the said Jeremiah Curson, my brother, his Executors or administrators when and as he or they shall think proper, but nevertheless before the expiration of twenty years next after my decease, to make sale and dispose of all and every the Messuages, Lands and Hereditaments situate and lying in Deopham aforesaid or elsewhere and hereinbefore devised to uses in favour of my said Daughter Sarah Jane Curson, her appointees, heirs and assigns whereof or wherein I or any person or persons in trust for me or for my benefit am, is or are or shall at my death be seized or possessed of any Estate of Inheritance otherwise or over which I shall have at my death any right or power of disposition or appointment, be the same freehold, copyhold or any other tenure with their appurtenances either together or in parcels and either by public auction or Private Contract, and upon and under such stipulations, terms and conditions as to title or evidence of Title, or otherwise and in such manner in all respects and for such price or prices as he or they shall think proper, with liberty to fix a reserved bidding for any lot or lots and from time to time to buy in the said premises or any part thereof at any auction or auctions and to vary or rescind and contract or contracts for sale either Gratuitously or otherwise and from time to time to resell the premises so bought in, or the contract or contracts for sale whereof shall be rescinded without being answerable for any loss or expences, and to appoint and assure the said Hereditaments and premises hereby directed to be sold as aforesaid unto and to the use of or in trust for the purchaser or purchasers thereof, his, her or their heirs and assigns, or as he, she or they shall direct and in default of and until such appointment and assurance, I give, devise and appoint the said Hereditaments and premises hereinafter directed to be sold,
To the use of the said Jeremiah Curson my brother, his heirs and assigns, Upon trust to sell and dispose of the same hereditaments and premises in manner hereinbefore mentioned and in the meantime out of the rents, issues and profits there to to pay the expences of keeping the same in repair and of insuring the buildings against loss or damage by fire if he or they should think proper to effect and keep up such insurance and any other charges and expences which may be payable in relation to the premises and subject thereto to pay and apply and dispose of the rents, issues and profits of the said hereditaments and premises with, and as part of my residuary personal Estate, for the purposes hereinafter mentioned;

And I do hereby declare that the monies to arise from such sale or sales of the said Hereditaments and premises hereinbefore directed to be sold after paying all expenses of or attending the same sale or sales shall be held and applied with and as part of my residuary personal Estate for the purposes hereinafter mentioned;
And I give unto the said Maria my Wife all such parts of the household furniture, plate, linen, china and other household effects which belonged to her my said Wife previously to her marriage with her and as are now or shall be at the time of my decease in my possession;

And I give unto my said Executrix and Executor all the residue of my Goods, chattels and effects, Upon trust to receive and get in and convert the same when and as they, he or she shall think proper, and to stand possessed thereof and the produce thereof for the purposes hereinafter mentioned,

And I declare that my Executrix and Executor and Trustees and Trustee for the time being acting under my Will respectively his and her heirs executors, administrators and assigns shall stand possessed of my said residuary personal Estate and effects and of the monies to arise and be produced from the sale, conversion and getting in of the same, and of the moneys to arise from the sale of the said hereditaments, real estate and premises hereinbefore directed to be sold and from the rents and profits thereof from the time of my decease until [the] sale thereof and by other the ways and means aforesaid,

Upon trust thereout to pay my funeral expences and the expences of proving this my Will, and also the costs, charges and expences of executing the same, or the provisions herein contained and all my debts whatsoever except the said sum and interest hereinbefore exclusively charged upon and made payable out of the said Cottages or Tenements and hereditaments hereinbefore devised to or to uses in favour of my said Daughter Sarah Jane Curson, her appointees heirs, and assigns and subject thereto upon further trust thereout to pay unto the said Maria my wife the sum of forty pounds Sterling for her own use,
And upon further trust thereout to pay unto my daughter the said Sarah Jane Curson the sum of sixty pounds Sterling for her own use,
And upon further trust to pay and divide the residue of the said trust monies unto and equally between my two daughters Hannah Heythorpe and the said Sarah Jane Curson, share and share alike as tenants in common,

And I declare that the legacy and share of each of my said Daughters shall be paid to her for her separate use, free from marital contract and that her receipt alone notwithstanding coverture shall be a good and sufficient discharge for the same,

And I declare and direct that the receipts and receipts of the said Jeremiah Curson, his heirs, executors, administrators and assigns, or of the Trustee or Trustees for the time being of this my Will for any money to be received by him or them from the sale of the said Real Estate hereinbefore directed to be sold and the rents and profits thereof or otherwise howsoever under or by virtue of this my Will shall be a good and sufficient discharge for the money therein acknowledged to be, or to have been, received, and release the person or persons taking the same receipt from all obligation of seeing to the application of the said money and from all liability in respect thereof,

And I direct that my said Executrix and Executors and Trustee respectively, their, his and her heirs, Executors, administrators and assigns and the Trustee or Trustees for the time being of this my Will shall be answerable only for such moneys and property as he, she or they respectively shall actually receive and that neither of them shall be answerable for the acts, receipts, payments or defaults of the other of them, nor for any Bailiff, Agent or other persons whom he of they respectively shall employ or trust in or about the said trust moneys and premises or with any part thereof, nor for any accidental or involuntary loss, and that it shall be lawful for him, her and them to retain and deduct out of the aforesaid trust monies all costs, damages and expences which he, she or they shall or may suffer, expend or be put unto in the execution of this my Will, and his, her and their charges for his, her and their trouble relating thereto;

And I empower my said Executrix and Executor respectively to compound or allow time for the payment of my debt or debts due to my Estate and satisfy and settle all demands against my Estate, whether supported by strictly legal evidence or not, without regard to any Statutory or other bar, and to refer any matter in difference to arbitration, and to act under this my Will to the same extent and effect as they respectively could or might act in their, her or his own concerns under the same or similar circumstances,

And hereby revoking all former Wills by me at any time made, I declare this writing to be and contain my last Will and Testament.

In witness whereof I the said John Curson the Testator have to this my last Will and Testament subscribed my name and affixed my seal this first day of September in the year of our Lord, One thousand eight hundred and forty nine

John Curson

Signed sealed and published and declared by the said John Curson the Testator as and for his last Will and Testament in the presence of us present at the same time and in the presence of each other have subscribed our names as Witnesses thereto, the words “the said” interlined in the first side having been so first interlined and the word “hereditaments” having been first written on an erasure,

Henry Vike, Samuel Evans

Probate

This will was proved at Wymondham on the eighth day of March 1850,

Before the Revd David Jones, Clerk, Surrogate in this behalf of the Worshipful Charles Evans M.A. Official Principal or the Episcopal Consistorial Court of Norwich, lawfully constituted, & was approved etc and administration of all and singular the Goods etc of the within named John Curson the Testator deceased was on the sixth day of April following duly granted to Jeremiah Curson his brother the Executor within named, he being duly sworn etc (power being reserved for committing the like administration to Maria Curson, Widow, testator’s relict, the Executrix within named when she shall pray the same etc) saving etc.

Testator died January 1850.

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Date	Change
18/6/26	Published