Contents
Landowner in Deopham
Last Will & Testament
This will was proved at the Prerogative Court of Canterbury on December 23rd 1815; this text of the will has been transcribed from the probate copy.
Text of the Will
This is the Last Will & Testament of me, John Browne, of Tacolneston in the County of Norfolk Esquire.
I give appoint & devise all those four undivided …ith parts or shares or other parts or shares to which I am entitled of & in the Advowson of Little Barningham in the said County of Norfolk
And of and in all that Estate & Farm or all those Estates & Farms with the Lands, Hereditaments & Appurtenances thereto belonging or held therewith situate, lying & being in Little Barningham aforesaid or in any other adjacent Town, parish or place now in the occupation of Edmund Starling & his undertenants;
And also of & in all those Messuages, Dwellinghouses, Lands, Tenements & Hereditaments with the Lands & Appurtenances thereto belonging situate in Bury Saint Edmunds, Thurston & Tostock in the County of Suffolk or in any other Town, Parish or place, Towns, Parishes or places to them or either of them adjacent now in the several occupations of Bacon, Mrs. Ransome, Mr. Green or their, or some of their, undertenants;
And also all & singular other my Messuages, Lands, Tenements & Hereditaments part or parts, share or shares of Messuages, Lands, Tenements and Hereditaments situate, lying & being in the said several parishes of Little Barningham, Bury Saint Edmunds, Thurston & Tostock or in any other Town or Towns, Parish or Parishes to them or either of them adjacent or elsewhere in the said County of Suffolk;
And also all & every my Estates, Lands, Tenements & Hereditaments situate in Wymondham, Besthorpe, Deopham, Morley Saint Botolph & Attleburgh in the said County of Norfolk which were purchased by me at several different times of & from the Executor of John Matthews, deceased, the Executors of Reverend Thomas Taylor, deceased, Thomas Anderson, deceased, Buckle, Samuel Pettingall, the Executors of John Sparkhall deceased, James Sparkhall, the Executors & Devisees in Trust named in the will of Jonathan Dey, deceased, the Reverend William Papillon, Jacob Lucas & Mary his Wife, John Grime Carter & Mary his wife, the Right Honorable Lord Byron, Daniel Buckenham & James Chapman respectively & also all & singular the Lands late parcel of the Commons & Waste Grounds situate in Wymondham aforesaid which have been by the award of the Commissioners named & appointed in & by an Act of Parliament passed in the forty sixth year of the Reign of His present Majesty entitled “An Act for Inclosing Lands in the Parish of Wymondham in the County of Norfolk” assigned, set out & allotted unto George Browne Leake hereinafter named as my Trustee (for the said several Estates, Lands & Hereditaments, Freehold, Copyhold or of any other Tenure) with their & every of their Rights, Members & Appurtenances unto & to the use of the Reverend James Stoughton, Rector of Sparham in the County of Norfolk & Thomas Church of Aslacton in the said County, Farmer, & their Heirs nevertheless upon & subject to the Trusts, powers & provisos hereinafter declared concerning the same (that is to say):
Upon trust, out of the Rents of the said Estates, to pay unto Sophia Church, Sister of my late deceased wife & her assigns & during her life an annuity of twenty five pounds to commence from the day of my demise by four equal quarterly payments; the first payment to be made at the Expiration of the first three months next after my demise;
And also to pay Catherine Knight Leake, the wife of John Custance Leake of Holt in the said County of Norfolk, Clerk, for & towards the Maintenance & Education of all such of her Children by her present Husband (except an Eldest Son for the time being during their respective minorities so many annual Sums of twenty pounds as shall be equal to the .. number of such younger Children as shall for the time being be under the age of twenty one years so as nevertheless that the annual aggregate of such annual Sums shall never exceed the Sum of sixty pounds the said several annual Sums to commence upon & after the decease of the said John Constance Leake & to be paid half yearly upon the sixth Day of April & the tenth Day of October in every Year during the Minority of the said days of payment as shall happen next after the death ot the said John Custance Leake & I direct that if such several Younger Children shall respectively attain the said Age of twenty one Years on any day than upon either of the said half yearly days then that the said annual Sums for such Children respectively so attaining the said age of twenty one Years as last mentioned shall continue until the Day of payment next following such their respective attainment of the Age of twenty one Years as aforesaid;
But if the said Catherine Knight Leake shall marry again or die before all her said Children shall have attained their respective Ages of twenty one years, then the several annual Sums asw directed to be paid to the said Catherine Knight Leake as aforesaid shall be applied by my said Executors for & towards the maintenance and Education of such said Younger Children of the said John Custance Leake & Catherine Knight his wife as aforesaid during their respective Minorities as aforesaid, it being my intention that the said Catherine Knight Leake shall receive & apply the said several annual Sums as aforesaid no longer than whilst she shall remain the widow of the said John Custance Leake & unmarried (and subject to the said several annual Sums aforesaid) upon trust for the said George Browne Leake who is the Eldest Son of the siad John Custance Leake & Catherine Knight his wife) & the assigns of the said George Browne Leake during his natural life subject to impeachment of waste for cutting down Timber Trees for any purpose whatsoever & after his Decease upon trust for his first & other Sons successively according to their respective Seniorities of Age & their Heirs Male of their respective Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Male of his Body;
And in Default of such Issue upon trust for John Custance Leake the second Son of the said John Custance Leake, Clerk, & Catherine Knight his wife & the Assigns of the said John Custance Leake the Son for his life subject to impeachment of waste for cutting down Timber Trees for any purpose whatsoever & after his decease upon trust for his first & other Sons successively according to their respective Seniorities of Age & the Heirs Male of their respective Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Male of his Body
And in default of such Second, upon trust for the third & all & every other the Son & Sons of the said John Custance Leake, the Father & Catherine Knight his wife now born or hereafter to be born successively according to their respective Seniorities of age & the Heirs Male of their respective Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every younger of the same Sons & the Heirs Male of his Body
And in default of such Issue upon trust for the first & all & every other the Son & Sons of William Church of Tibenham in the said County of Norfolk, Farmer, successively according to their respective Seniorities of Age & the Heirs Male of their respective Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Male of his Body
And in default of such Issue upon trust for Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church, the five daughters of the said William Church & the Heirs & assigns of the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church as Tenants in common provided always & I do declare that if any of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church shall die under her or their Age or respective Age of twenty one Years then that the share or respective share of her or them so dying as well … as actual by virtue of this proviso shall be upon trust for the Survivors or Survivor or others or other of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church her or their Heirs & Assigns as Tenants in Common if more than one provided always
And I do declare that such of them the said George Browne Leake & his Brothers & of the Sons of the said William Church & such of the Issue of the said George Browne Leake & his Brothers & of their Sons of the said William Church by virtue of this my will shall become beneficially entitled to the said Hereditaments hereinafter devised shall within the space of one Year next after or they shall so become entitled take upon him & them respectively & use the Surname of Knight after his or their own Surname and also shall quarter the Arms of Knight with his or their own Family Arms provided further & it is my will that no person who by virtue of this my will shall become beneficially entitled to the said Estate in the said Parish of Morley Saint Botolph by virtue of the Limitations hereinbefore contained or to the Estates in the said Parish of Tacolnestone & Morley Saint Peter & Morley Saint Botolph hereinafter mentioned & … or any of them shall consent to any Act of Acts of Parliament for inclosing any of the Commons or open Fields within either of the said Parishes & in case any such person or persons shall expressly[?] give consent to any person or persons who shall apply for the same in order to effect n Inclosure of the said Commons or open Fields or any part thereof, then it is my will & mind that all & every the Hereditaments hereinbefore by me Devised to him, her or them respectively shall immediately thereupon go to the person or persons next in remainder in this my will in the same manner as if such person or persons giving such consent being Tenant or Tenants for Life was or were dead, or being Tenant or Tenants in Tail was or were dead without Issue inheritable to such intail
And I do hereby declare that if by any event my said Messuages, Lands & Hereditaments hereinbefore devised shall become subject in possession to any trust before the person or persons in whose favor such trust is declared shale be in existence, then that my said Trustees or Trustee for the time being shall receive the Rents & Profits of the said Messuages, Lands & Hereditaments & pay over & account for the same unto the person or persons who would be entitled to the possession of the said Messuages, Lands & Hereditaments if the other person or persons having the prior trust thereof should never come into existence up to & until that the said last mentioned person or persons shall come into existence or the possibility of his or their existence shall have ceased;
And I give & devise all my Manors, Estates, Lands, Tenements & Hereditaments situate in Tacolnestone aforesaid & all & Singular other my Manors, Estates, Lands, Tenements & Hereditaments (not hereinbefore devised) situate, lying & being in the several Parishes of Forncett Saint Mary, Forncett Saint Peter, Morley Saint Peter & Morley Saint Botolph, Deopham, Wymondham, Wramplingham, Besthorpe, Bunwell, Attleburgh [sic], Old Buckenham, Aslacton, Gissing, Diss, the Heyward of Diss, Burston, Tibenham or elsewhere in the said County of Norfolk including therein certain Lands lying in Forncett Saint Peter in which I have lately contracted to purchase of English & Long respectively whereof or wherein I, or George Denny Graver of Wymondham in the County of Norfolk, Gentleman, as my Trustee or any other person or persons In Trust for … … is, or are, seized or possessed or over which I have any right or power or disposition, unto & to the use of the said James Stoughton & Thomas Church & their Heirs nevertheless upon & subject to the Trusts, powers & provisions hereinafter expressed & declared containing the same (that is to say):
Upon trust out of the Rents of the said Estates to pay unto the said George Denny Graver & his Assigns during his life an Annuity of two hundred & fifty pounds to commence from the day of my decease & to be payable by two equal half yearly payments on the sixth Day of April & the tenth day of October in every Year & the first payment to commence on such of the said days of payment as shall first happen next after my decease & in case the said George Denny Graver shall die in the interval in between any of the said days of payment then upon trust to pay such part of the said Annuity of two hundred & fifty pounds as shall be proportionate to the time which shall have elapsed between the last Day of Payment next preceding his decease & such his decease unto the Executors or Administrators of the said George Denny Graver;
But it is my will & I direct that the said George Denny Graver shall, if & when he shall be thereunto requested by the said James Stoughton & Thomas Church or the Survivors of them his Executors or Administrators make & execute all such Acts, Matters, Deeds & things as shall be necessary or proper for conveying, surrendering & assuring all such Manors, Messuages, Lands & Hereditaments as are now vested in him the said George Denny Graver as my Executor so & in such manner as the same may be well & effectually vested in my said Trustees hereinbefore named upon the Trusts by this my will declared containing such Manors, Messuages, Lands & Hereditaments respectively & if the said George Denny Graver shall refuse or … for this period of thirty days next after request to him made for that purpose & … by the said James Stoughton & Thomas Church or the Survivor of them (the Executors of such Deeds & Instruments being to be deducted out of the Rents & Profits of the said Estates hereby secondly devised to the said James Stoughton & Thomas Church & their Heirs In Trust as aforesaid) to make & Execute such acts, Deeds, Matters & things as last aforesaid then the provisions hereinbefore made for the benefit of the said George Denny Graver shall cease … & be utterly void to all Intents & Purposes in the same manner as if the said George Denny Greaver were actually dead
& also upon trust to pay unto the said Sophia Church & her assigns during her life an Annuity of twenty five pounds to commence from the day of my decease by four equal Quarterly Payments, the first payment to be made at the Expiration of the first three months next after my decease
And also upon trust to pay unto Elizabeth, the Wife of the said George Denny Graver for & towards the Maintenance & Education of all such her Children by her present husband (except an Eldest or only Son for the time boeing) during their respective Minorities as so many annual sums of twenty pounds as shall be equal to the number of such younger Children who shall for the time being be under the Age of twenty one Years so as nevertheless that the annual aggregate of such several Sums shall never exceed the Sum of one hundred pounds, the said several Sums to commence to be paid upon & after the Decease of the said George Denny Graver & to be paid half yearly upon the sixth Day of April & the tenth Day of October in every Year during the Minority of such Younger Children of the said George Denny Graver & Elizabeth his Wife as aforesaid & the first of such payments to be made on each of the said Days of Payment as shall happen next after the Death of the said George Denny Graver & I direct that if such several Younger Children shall respectively attain the said Age of twenty one Years on any other Day than upon either of the said half Yearly days. Then that the said annual Sums for such Children so attaining the said Age of twenty one years as last mentioned shall continue until the Day of Payment next following such their respective attainment of the said Age of twenty one Years as aforesaid.
But if the said Elizabeth Graver shall marry again or die before all her said Younger Children shall have attained their respective ages of twenty one Years, then the several annual Sums so directed to be paid to the said Elizabeth Graver as aforesaid shall be applied by my said Executors & the Survivor of them or his Heirs in, for & towards the Maintenance & Education of such said Younger Children of the said George Denny Graver & Elizabeth his wife as aforesaid during their respective Minorities as aforesaid, it being my intention that the said Elizabeth Graver shall receive & apply the said several Sums as aforesaid no longer that whilst she shall remain the widow of the said George Denny Graver & unmarried
And also upon trust to pay to my Servant Thomas Huggins the Weekly Sum of ten shillings during the joint natural lives of himself & Rebecca his Wife & after the Decease of the said Rebecca leaving the said Thomas, then upon trust to pay the said Thomas Huggins the Sum of six shillings during his natural life, and after the death of the said Thomas Huggins leaving the said Rebecca, then to pay unto the said Rebecca the weekly Sum of Four shillings during her life which said weekly Sum I intend as a remuneration to the said Thomas Huggins for taking care of the Timber upon my several Estates hereinbefore devised (except my Estates at Little Barningham, Bury Saint Edmunds, Thurston & Tostock & I request that he may be accordingly employed to superintend the management of the same Timber as often as may be found necessary & if the said James Stoughton & Thomas Church or the Survivor of them, his Executors or Administrators shall in consideration of the Age and infirmities or the diligence of the said Thomas Huggins in the Superintendence of such Timber as aforesaid think proper to make an addition to the Weekly Sum hereinbefore bequeathed to him & I do hereby empower them the said James Stoughton & Thomas Church & the Survivor of them, his Executors or Administrators to increase the same to any Sum not exceeding twelve shillings & six pence per week during the joint lives of the said Thomas Huggins & Rebecca his Wife & after the decease of the said Rebecca Huggins if she shall die in the lifetime of her said Husband then to any Sum not exceeding eight shillings & six pence per week during his life & I direct that an Order in Writing under the Hand of the said James Stoughton directing that the said Weekly allowance of the said Thomas Huggins shall be increased as aforesaid shall fully intitle the said Thomas Huggins to … & receive the same increased allowance accordingly
And subject to the said several annual & weekly Sums as aforesaid upon trust for John Turner Graver (Eldest Son of the said George Denny Graver & Elizabeth his Wife) & the Assigns of the said John Turner Graver during his natural life subject to impeachment of waste for cutting down Timber Trees for any purpose whatsoever & after his decease upon trust for his first & other Sons successively according to their respective Seniorities of Age & the Heirs Male of their respective Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Male of his Body
And in default of such Issue upon trust for George Denny Graver the second Son of the said George Denny Graver & Elizabeth his Wife & the Assigns of the said George Denny Graver during his natural life, subject to impeachment of Waste for cutting down Timber Trees for any purpose whatsoever after his decease upon trust for his first & other Sons successively according to their respective Seniorities of Age & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Male of his Body
And in default of such Issue, upon trust for the third & all & every other the Son & Sons of the said George Denny Graver by the said Elizabeth his wife now born or hereafter to be born successively according to their respective Seniorities of Age & the Heirs Male of the several Bodies every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Male of his Body
& in default of such Issue, upon trust for the first & all & every other the Son & Sons of the said William Church successively according to their respective Seniorities of Age & the Heirs Male of their several Bodies, every Elder of the same Sons & the Heirs Male of his Body to take before every Younger of the same Sons & the Heirs Make if his Body;
& in default of such Issue, upon trust for the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church, their Heirs & Assigns as Tenants in Common, Provided always & I do hereby declare that if any of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church shall die under her or their Age or respective Ages of twenty one Years, then it is my Will & mind that the share or respective Shares of her or them so dying, as well Original as arrived by virtue of this proviso, shall be in trust for the Survivor or Survivors or other or others of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church her or their Heirs & Assigns as Tenants in Common if more than one provided also that if by any event my said last mentioned Manors, Lands & Hereditaments shall become subject to any trust before the person or persons in whose favor such trust is declared shall be in existence, then that my said Trustees or Trustee for the time being shall receive the Rents & Profits of the said Manors, Lands & Hereditaments & pay over & account for the same unto the person or persons having the prior trust thereof should never come into existence up to & until that the said last mentioned person or persons shall come into existence or the possibility of his or their existence shall have ceased
Provided further & I do hereby declare that such of them the said John Turner Grave & George Dowing Graver & of the other Sons of the said George Denny Graver & such of the Sons of the said William Church & such of the Issue of the said John Turner Graver & George Dowing Graver & of the other Sons of the said George Denny Graver & such of the Issue of the Sons of the said William Church as by virtue of this my Will shall become beneficially entitled to the possession or to the rents & profits of the same Hereditaments shall within the space of one Year next after, he or they shall so become intitled [to] take upon him & them respectively & use the Surname of Browne after his or their own Family Surname & also shall quarter the Arms of Browne with his or their own Family Arms;
Provided always & I declare my Will & meaning to be that in case all Manors, Messuages, Lands & Hereditaments hereinbefore devised shall become beneficially vested in a Son of the said William Church or the Issue of a Son of the said William Church in Tail Male in Possession whereby he would be subject to the Condition of taking the several names of Knight & Browne as aforesaid, then I direct that such of the Sons of the said William Church of such of the Issue of the Sons of the said William Church for the time being intitled in possession as aforesaid shall within such time as in hereinbefore mentioned for that purpose take & use the several names of Knight & Browne in manner hereinafter expressed (that is to say) the name of Knight next immediately after his own Family Surname & the name of Browne next after that of Knight & likewise quarter the several Arms of Knight & Browne with his & their own Family Arms;
Provided further & it is my Will & Mind, that in case any of the persons hereinbefore respectively directed to take & use the respective Surnames & Arms of Knight & Browne or either of them shall respectively refuse or neglect to take & use the same respectively within the time for that purpose appointed as aforesaid, then it is my express Will that the Trust Limitation hereinbefore contained for the benefit of him or them so refusing, or neglecting, shall cease & the Hereditaments to him or them devised shall immediately thereupon be in Trust for the person or persons next in remainder for this my Will, in the same manner as if such person or persons so neglecting or refusing being Tenant or Tenants for Life, was or were dead, or being Tenant or Tenants in Tail, was or were dead without Issue inheritable to such Intail;
Provided also & I do declare that it shall be lawful for the said James Stoughton & Thomas Church & the Survivor of them & the Trustees or Trustee for the time being under this my Will as often as may be necessary to appoint the said Estates or any part or parts thereof respectively to any person or persons by was of Lease for any Term of Years not exceeding seven Years from the making thereof at the best Yearly Rent that can be reasonably got for the same without taking any Fine or Foregift for the making thereof but so that there be contained therein a Condition of Recovery on the nonpayment of the Rent thereby received & so that the Lessor execute the said Lease or a Counterpart or Duplicate thereof & thereby Covenant for the Payment of the Rent therein reserved & be not expressly made dispunishable for waste;
Provided always & it is my Will & Mind that it shall be lawful for the said Thomas Church for his personal convenience & benefit to hold my Farm now in his Occupation for any period during his Life which he shall think proper at the Yearly rent of Fifty Pounds to be payable to the person or persons for the time being entitled to the said Farm by virtue of the Limitations aforesaid half yearly on the fifth Day of April & the tenth Day of October or within fourteen Days then next after in every Year & the first payment thereof to be made on such of the Days of Payment as shall next happen after my Decease, nevertheless on Condition of his keeping & maintaining the Land in a good Husbandlike manner according to the usual course & custom of the County in which the same is situate, but so that his Term shall never be less than a Tenancy from Year to Year & that he shall not be at Liberty to quit his said Farm without having previously given such Notice to quit as the Law requires to be given by a Tenant from Year to Year in order to determine his Tenure & shall not have the option of resuming the said Farm if he once quit the same;
Provided also & it is my will & mind that it shall be lawful for the said William Church for his personal convenience & Benefit to hold my Farm now in his occupation for any period during his life which he shall think proper at the Yearly Rent of sixty nine pounds three shillings & nine pence to be payable to the person or persons for the time being entitled to the said Farm by virtue of the Limitations aforesaid half Yearly on the fifth day of April & the tenth day of October if within fourteen days then next afters in every Year & the first payment thereof to be made on such of the said Days of Payment as shall happen next after my Decease, nevertheless on Condition of his keeping & maintaining the Land in a good Husbandlike manner according to the usual course & custom of the Country in which the same is situate, but so that his Term shall never be less than a … from Year to Year & that he shall not be at Liberty to quit his said Farm without having previously given such Notice to quit as the Law requires to be given by a Tenant from Year to Year in order to determine his Tenure & shall not have the option of resuming the said Farm if he once quit the same,
Provided also & I declare my Will to be that notwithstanding any thing herein contained, it shall be lawful for the said James Stoughton & Thomas Church & the Trustee or Trustees for the time being under this my Will to Demise or Lease & my Will is that they do & shall Demise & Lease all that Farm and Estate in Tacolnestone aforesaid now occupied by me to the said William Church at a Fair & adequate Rent
But not exceeding the amount of the Yearly Value the same is now assessed or at my Decease shall be assessed to the property Tax for such Term or Terms of Years as my said Trustees may think proper so as such Term or Term or Terms of Years shall not exceed the Minority of the first person for the time being beneficially entitled to the said Farm & Estate by virtue of the Limitations aforesaid who shall live to attain the Age of twenty one Years provided further & it shall be lawful for the said James Stoughton & Thomas Church & the Survivor of them, his Executors & Administrators to cut down any Timber upon the said Estates respectively for such repairs or improvement thereon as in his or their Judgement shall be expedient (save in repairing or laying any Barn Floor) & to apply the same accordingly, it being my Will & mind that no Timber shall be cut down upon any of the said Estates save for repairs as aforesaid, provided always & I do hereby direct that if any person for the time being beneficially entitled to the possession or to the receipt of the Rents, Fines & Profits of any of the Estates hereinbefore devised shall be under the Age of twenty one Years the said James Stoughton & Thomas Chgurch & the Survivor of them & the Heirs of such Survivor shall as long as the person intitled as aforesaid shall be under the Age of twenty one Years receive the Rents, Fines & Profits of the Estates ti which he of she shall be entitled & apply a competent part thereof for his or her Maintenance, Education & Advancement & invest the residue & surplus of such Rents & Profits in the Name or Names of the said James Stoughton & Thomas Church & the Survivor of them, his Executors or Administrators & to alter & vary such Security as he or they shall think proper & … from time to time this the annual …& … of the said Investments & again invest the same in such Securities as aforesaid;
To the Intent & so that the same may accumulate in the nature of compound Interest & so & shall stand possessed of such Surplus of the Rents & Profits together with th accumulations thereof upon the Trusts & for the purposes hereinafter declared, nevertheless with full power for the said James Stoughton & Thomas Church & the Survivor of them & his Heirs to apply the savings of any preceding Year or Years in & towards such Maintenance, Education & Advancement as aforesaid in any succeeding Year or Years & I … recommend that each of them the said George Browne Leake & John Turner Graver shall be educated for the Church & be ordained thereinto & I request that the said John Turner Graver when he shall come into possession of the Estates hereby devised to himself will endeavour to Establish the Moduses & other Customs relative to the Tithes of the Parish of Tacolnestone aforesaid.
I give & bequeath unto each of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church the sum of one hundred pounds to be paid when they shall respectively attain the respective ages of twenty one Years or be married which shall first happen, Provided such respective Marriages shall take place with the Consent of the said William Church & James Stoughton.
Also, I give unto Ann Poll Daughter of John Poll of Old Buckenham in the said County of Norfolk, Husbandman, the Sum of fifty pounds to be paid to her when she shall attain her age of twenty one Years & if any of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church & Ann Pool [sic] shall die under the Age of twenty one Years or if either of them the said Elizabeth Church, Sophia Church, Maria Church, Kesiah Church & Mary Ann Church shall die before they shall be respectively married with such Consent as aforesaid, then I direct that the Legacy or Legacies of her or them so dying shall … for the benefit of the person for the time being entitled to the Estates out of which the same are hereby directed to be payable and I charge the waid Estates hereby … devised to the said James Stoughton & Thomas Church with the payment of the said several Legacies of one hundred pounds & fifty pounds accordingly & I hereby release the said Thomas Church & William Church from all & every Sum & Sums of money which they of either of them may owe me at the time of my Decease (save & except on Account of Rent of the said Farms now in their respective occupation)
I bequeath to the said John Custance Leake the Father, All my Books whatsoever
And I give to the said James Stoughton the Sum of three hundred pounds if the said John Turner Graver & George Browne Leake shall both attain the Age of twenty one Years, but if either of them shall die under that age, only to be paid at the the time of the death of such one of them so dying under the age as aforesaid if the Survivor of them shall have then attained the said age of twenty one Years but if the Survivor of them shall not then have attained the said Age, then to be paid on the Attainment of that age by such Survivor
But in case both of them the said John Turner Graver & George Browne Leake shall die under the said Age of twenty one Years, then the said Legacy hereby given to the said James Stoughton shall wholly cease & … into my personal Estate
And I give to the said Elizabeth Graver my Gold Watch to be retained by her until her Eldest Son for the time being by the said George Denny Graver shall attain the Age of twenty one Years & then to be delivered to such Eldest Son at his said Age of twenty one Years;
And I give my Bed, bolsters, hangings & furniture thereto belonging & also all the wearing linen & apparel late belonging to my late Sister Catherine Browne & my late Mother together with the Chest or Chests in which the same are contained & also the Mahogany Bureau now standing in the Room in which I usually lie & also four Mahogany Chairs such as she shall choose, four Silver Tea Spoons, one Table Spoon & six tea Cups & Saucers, one Tea Pot & One Tea Caddy such as she shall make choice of
And I direct that all the Timber in & about the Yards in my occupation & in the Yards in the occupation of Elizabeth Nicktlip shall be preserved by said Trustees for repairs necessary to be done to my Estates in Tacolnestone & the Parish or Parishes adjoining thereto
And I give to the said Thomas Church the Burvan in my Sleeping Room & the Burvan in the Parlour Chamber
And I give to the said William Church all the residue of my Household Furniture, Plate, Linen & China, And also all household Stores of all sorts & kinds in, about & belonging to the House in which I now dwell, And also all the Horses, Mares, Geldings, Oxon, Bullocks, Cows, Sheep, Sows & other Cattle & livestock whatever And all the Waggons, Carts & other Carriages, Plows, Harrows, Rolls & other Farming Utensils of what kind or denomination soever which shall at my Decease be in, about or belonging to the Farm & Lands in my own occupation or in the Barns, Stables & other Offices, Outhouses & Buildings thereto belonging to & for his own use & benefit
And I do hereby direct that all the Costs, Charges & Expenses which shall be incurred by the respective persons who shall be the first next after my Decease to take & use the Name & Arms of Knight & Browne respectively pursuant to this my Will on account of taking & using such Names & Arms shall be defrayed out of my Personal Estate
And all the residue of my Personal Estate & Effects as may by any event whatever prove at my Decease not effectually disposed of, I bequeath unto the said James Stoughton & Thomas Church, their Executors & Administrators upon trust to Convert into Money all such parts as shall not consist of Money at my decease & to stand possessed of the same together with such parts thereof as shall then consist of Money upon the Trusts herein after declared concerning the same
And I do hereby declare that the said James Stoughton & Tomas Church, their Executors & Administrators shall stand possessed of the said last mentioned Trust Monies And also of the surplus of the Rents & Profits of the Estates hereinbefore devised to them by the said James Stoughton and Thomas Church & their Heirs, In Trust for the said George Browne Leake for Life with the remainder over as aforesaid which shall be received by the said James Stoughton & Thomas Church or their Heirs during the Minority of the person or persons for the time being entitled in possession to the same Estates or the receipt of the Rents & Profits thereof together with the Interest & Accumulation of such surplus Rents & Profits after & subject to the payments & applications hereinbefore & hereinafter expressed upon trust to invest the same or any part or parts thereof form time to time as opportunity may offer in the purchase of Freehold or Copyhold Estates situate in England to be approved of by some Writing under the Hand of the person who would be Tenant for life in Tail Male thereof if the same were then purchased if such person shall be of Age,
But if such person shall be under Age then every such purchase shall be at the direction of the said James Stoughton & Thomas Church, their Executors & Administrators, & the Estate & Estates to be purchased shall forthwith be settled To the Uses & upon the Trusts & for the Ends, Intents & Purposes & subject to the powers, provisoes & Conditions hereby limited & declared concerning the Estates hereby devised to the said James Stoughton & Thomas Church & their Heirs In Trust for the said George Browne Leake for life with remainder over as aforesaid or as near thereto as the nature & quality of the said Estates so to be Purchased & intervening circumstances will admit of;
And my will is that, until a proper Purchase be invested in, the said James Stoughton & Thomas Church, their Executors & Administrators, shall invest the same in this or their Name or Names in Government or Real Securities in England & alter & vary the same as he or they shall think proper & pay & apply the Interest & Dividends of the said Money & Annuities unto the person or persons & for the Intents & Purposes & in the manner in which the Rents & profits of the Estates to be Purchased as aforesaid would be applicable if the same were actually purchased provided always & my desire is that the Money arising from the residue of my Personal Estate & the surplus of the Rents & Profits of the Estates hereinbefore devised to the said James Stoughton & Thomas Church & their Heirs In Trust for the said George Browne Leake for life with remainder over as aforesaid which shall … during the Minority of any person or persons entitled thereto in possession or a … part thereof shall be laid out in the Purchase of the remaining shares of the said Advowson of Little Barningham & of the said Estates & Lands situate at Little Barningham, Bury Saint Edmunds, Thurston & Tostock in preference to any other purchase whatsoever
And I do therefore empower the said James Stoughton & Thomas Church, & the survivor of them, his Executors & Administrators, to continue a competent part of this money arising from the residue of my Personal Estate & the said surplus Rents & Profits upon Securities at Interest as long as there exists in his or their Judgement any prospect of purchasing the said remaining shares or any of them upon reasonable Terms
And I declare my Will to be that the said James Stoughton & Thomas Church, their Executors & Administrators shall stand possessed of the said residue or surplus of the Rents & Profits of the Estates hereinbefore devised to them & their Heirs In Trust for the said John Turner Graver for life with remainders over as aforesaid which shall be received by the said James Stoughton & Thomas Church, their Heir during the Minority of the person or persons for the time being entitled in possession to the same Estates of the Receipt of the Rents & Profits thereof together with the Interest & Accumulations thereof after the applications aforesaid & hereinafter mentioned upon trust to invest the same or any part or parts thereof from time to time as often as proper opportunities shall offer in the Purchase of Freehold or Copyhold Estates situate in England to be approved of by … writing under the hand of the person who would be Tenant for life or in Tail Male thereof if the same were then purchased if such person shall be of Age,
But if such person shall be under age then every such purchase shall be at the discretion of the said James Stoughton & Thomas Church & the Survivor of them, his Executors & Administrators & the Estate & Estates so to be purchased shall be forthwith settled To the uses & upon the Trusts hereby limited & declared concerning the Estates hereby devised to them the said James Stoughton & Thomas Church and their Heirs In Trust for the said John Turner Graver for life with remainders over as aforesaid or as near thereto as the Nature & Quality of the said Estates so to be purchased and intervening circumstances will admit of
And I direct that the said James Stoughton & Thomas Church & the Survivor of them & his Heirs shall … in the month of January in every year during such time as they shall be in receipt of the Rents & Profits of my said Estates make out a … & proper Statement & Account of all monies received & paid, dispersed & allowed by him & them in the Execution of the Trusts, Powers, Provisos & directions of this my will & shall & so cause such Statement & Account to be fairly written & transcribed in a Book (or Books) to be kept for that purpose & signed by the said James Stoughton & Thomas Church or the Survivor of them or the Trustee or Trustees for the time being under this my Will
And that it shall be lawful for the said John Custance Leake the Father at any time after such Accounts shall be so made up to inspect the Accounts relative to the Monies & Estates hereinbefore devised & bequeathed for the benefit of the aid George Browne Leake for life with remainders over as aforesaid
And that it shall be lawful for the said George Denny Graver at any time after such Accounts shall be made up to inspect the Accounts [in] relation to the Estates hereinbefore devised to the said James Stoughton & Thomas Church & their Heirs In Trust for the said John Turner Graver for life with remainder over as aforesaid
And I make, constitute & appoint the said James Stoughton & Thomas Church Executors of this my last Will & Testament and I declare that all receipts signed by the said James Stoughton & Thomas Church of the Trustee or Trustees for the time being under this my Will for all Monies paid them in the Execution of the Trusts of this my Will shall be sufficient discharges therefore & shall exonerate the person or persons paying the same from all liability of seeing to the application thereof & all responsibility on account of the misapplication or nonapplication thereof
And I declare my will & meaning to be & hereby further direct that my said Trustees & Executors or either of them, their, or either of their, Executors or Administrators shall not be liable to make good any casual or involuntary Loss which at any time or times may arise or happen of or unto the said Trust Monies or the Securities upon which the same shall be invested or any part thereof nor shall they or either of them be responsible or accountable the one for the other of them nor for the Agent, Broker or other person whom they or either of them shall employ in & about the said Trust Estates, Monies & premises but each of them for his own Acts & Deeds, Receipts & Payments only & for such Monies only as shall actually come to his or their respective hands & not for any Money for which they or either of them shall join in any transfer or sign any receipt or receipts for conformity only & that it shall be lawful for them & each of them, their & each of their Heir, Executors & Administrators from time to time by & out of any Monies which by virtue hereof shall come to their or either or any of their hands in the first place to deduct, retain to & reimburse himself & themselves respectively & also pay or allow to his co-trustee allo such Loss, Costs, Charges & Expences as they, any or either of them shall or may respectively pay, suffer, sustain or expend or be any way put unto, in or about the management or Execution of all or any of the Trusts hereinbefore mentioned or … or any matter or thing in any wise relating thereto or which they or either of them can reasonably Charge of Demand for their , either or any of their Journies, attendances & Trouble in or about the same
In witness whereof the above named John Browne the Testator have to this my last Will & Testament contained in Eight Sheets of paper to the first Seven Sheets thereof set my Hand & to this last Sheet set & put my hand & Seal this twentieth Day of April in the year of our Lord one thousand, eight hundred and twelve:-
John Browne
Signed, sealed, published & declared by the said John Browne the Testator as & for his last Will & Testament in the presence of us who in his presence at his request & in the presence of each other have hereunto subscribed our Names as Witnesses thereto, the several Erasures & Interlineations being first made,
– John Spicer of Tacolneston,
– James Tennant of Tacolneston,
– W.J. Christian of Tivetshall Saint Margaret, Attorney at Law.
Codicil to the Will
This is a Codicil to be annexed to & taken as part of the last Will & Testament of me John Browne of Tacolneston in the County of Norfolk, Esquire, which Will bears the date on the twentieth Day of April one thousand eight hundred & twelve
Whereas since the date & Execution of my said Will I have agreed to purchase of Charles Allen of Deopham in the said County of Norfolk a certain small piece of Land situate at Deopham aforesaid but the same hath not as yet been conveyed & assured unto me
And whereas since the Date & Execution of my said Will I have also agreed to purchase of Ephraim Howes of Fundenhall in the said County of Norfolk a certain Messuage or Farm House with the Lands, Hereditaments & Appurtenances thereto belonging situate in Fundenhall aforesaid but the same have not been as yet Conveyed & assured unto me;
And whereas I have also purchased of Thomas Trench Berney of Bracon Ash in the said County of Norfolk, Esquire, and Francis Reynolds of Wymondham in the said County of Norfolk, Farmer, certain Lands situate in Fundenhall aforesaid but the same have not been as yet conveyed & assured to me;
Now, I do by this Codicil which I direct to be taken as part of my said Will give & devise the said piece or parcel of Land which I have so agreed to purchase of the said Charles Allen & all my Estate & Interest therein or Right thereto unto & to the use of the Reverend James Stoughton Rector of Sparham in the said County of Norfolk, Clerk, & Thomas Church of Aslacton in the said County, Farmer, the Trustees in my said Will named & their Heirs according to the Nature, Tenure & Quality of the said Piece of Land, nevertheless upon, to & for the several Trusts, Ends, Intents & Purposes & under & subject to the several powers, provisoes, declarations & directions mentioned, expressed, declared & contained or referred to in and by my said Will of & concerning the Messuages, Farms, Lands, Tenements & Hereditaments which are in & by my said Will devised unto them the said James Stoughton & Thomas Church & their Heirs upon trust for George Browne Leake (in my said Will named) for life with Remainders over as therein mentioned
And I give & devise all & singular the said Messuage or Farm House, Lands & Hereditaments which I have so purchased of the said Ephraim Howes, Thomas Trency Berney & Francis Reynolds respectively with their & every of their Rights, Members & Appurtenances & all my Estate & Interest therein unto & to the use of the said James Stoughton & Thomas Church & their Heirs according to the nature, tenure and Quality of the said last mentioned Message, Lands & Hereditaments respectively, nevertheless upon, to & for the several Trusts, Ends, Intents & Purposes & under & subject to the several powers, provisoes, Declarations & directions declared, expressed & contained or referred to in & by my said Will of and concerning the Manors, Messuages, Farms, Lands, Tenements & Hereditaments which are in & by my said Will devised unto the said James Stoughton & Thomas Church & their Heirs upon trust for John Turner Graver (therein named) for his life with remainders over as therein mentioned
And I direct that my Executors & Trustees in my said Will named shall in case the siad Messuages, Lands & Hereditaments shall not be conveyed unto me in the Lifetime, complete such several Purchases respectively & cause the said Messuagges, Lands & HEreditaments to be Conveyed & assured to them the said James Stoughton & Thomas Church & their Heirs upon trust as aforesaid
And I also direct that the several persons of whom I have so purchased the said Messuages, Lands & Hereditaments shall upon Payment of the Purchase Money therefor, Convey, Surrender & assure the said Messuage, Lands & Hereditaments respectively unto & to the use of the said James Stoughton & Thomas Church & their Heirs, nevertheless upon & to the several & respective Trusts, Ends, Intents & Purpose hereinbefore mentioned or referred to
And lastly, I ratify & Confirm my said Will in all respects except so far as the same is hereby altered or revised
In witness whereof I have hereunto set my hand & Seal the twenty fifth Day of May, One thousand eight hundred & thirteen
John Browne
Signed, sealed & published & declared by the said John Browne as & for a Codicil to his last Will & Testament in the presence of us who in his presence at his request & in the presents of each other have hereunto subscribed our Names as Witness thereto
John Mitchell of Wymondham in Norfolk, Attorney at Law
James Tennant of Tacolneston
John Spicer of Tacolneston
Proved at London with a Codicil 23d December 1815 before the Judge by the Oaths of the Reverend James Stoughton Clerk & Thomas Church the Executors to whom Administration was granted being first Sworn by … duly to Administer a definitive … in writing having been first read & … for the force & validity of the said will.
Public Record Office Ref: PROB 11/1575
Transcription © G. Sankey
| Date | Change |
|---|---|
| 30/12/24 | Published |
Deopham History 