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WILL of Abraham Bowerman Croxon of Burham on Crouch 1861
This is the last Will and Testament of Abraham Bowerman Croxon of Burnham in the county of Essex. Farmer. I appoint my wife Mary Ann Croxon and John Rogers of Burnham Farmer and My Nephew Charles Henry Bowerman of the Grange Road Bermondsey in the county of Surrey Butcher to be the executors and trustees of this my the last Will and also guardians of my infant children during their respective minorities. I give to my said wife a Legacy of One Hundred Pounds for her immediate use. I also give to my said wife all my household goods and furniture plate linen china glass books pictures prints wine liquors fuel housekeeping provisions consumable stores and other effects of the like nature which shall be at my decease be in my then dwelling hose. I also give to my said wife a yearly rent charge of One Hundred and Fifty Pounds sterling during her life to be charged upon and issuing out of all he real estate to which I shall be entitled at my decease for her own separate and inapplicable use and without power of anticipation to commence from my decease and to be paid quarterly the first payment to be made at the expiration of three calendar months after my decease in case she shall be their living and a proportion part to be paid to her executors or administrators now to the time of her decease. And I empower my said wife her executors or administrators to recover the said rent charges whenever the same shall have been in arrears for fourteen days and all immediately accrued arrears and all costs by distress and also by entry upon and perception of the rents and profits of the herediments charged therein Provided always that if the income of the real estate to which I shall be entitled at my decease shall after defraying the costs of repairs insurance and other annual outgoings shall be inadequate to satisfy the aforesaid rent charges to my said wife then I direct my said executors and trustees to appropriate in their names a sufficient fund in three ponds per cent consoles to answer by dividends thereof at the period appropriation the payment of so much of the said rent charge as my said real estate shall be inadequate to meet and to apply in the meantime and until such appropriation to pay such deficiency out of my general estate and subject thereto such appropriated fund shall from part of my residency, personal estate. I devise all the freehold messuage lands tenements and herediments to which I shall be entitled at my decease unto my said trustees their heirs and assigns upon trust to sell the same in manner and with the powers and discretions hereinafter mentioned. I direct and empower my said trustees or the survivor or survivors of them his executor or administrators or other the trustees or trustee for the time being acting under this my will to bargain sell and dispose of all my copyhold messuages lands tenements and herediments to which I shall be entitled at my decease in the manner with the powers and discretions also hereafter mentioned. And to case admission to such copyhold herediments should be required on my decease I devise the same for that purpose to my said nephew Charles Henry Bowerman and his heirs to be held upon the trust therein declared I charge all my freehold and copyhold estates with the payment of my debts. I give all the residue of my personal estate to which I shall be entitled at my decease unto my executors and trustees upon trust to convert in to money such parts of my persona estate as shall not consist of money and to stand possessed of the money so to arise and all other of my personal estate and also all monies to arise from the sale therein before directed to be made of my freehold and copyhold estates upon trust there out to pay my debts funeral and testamentary expenses the aforesaid legacy and (if Needed) to appropriate funds in aid of the aforesaid rent charges herein before directed and subject thereto In trust for such child or children of mine which shall survive me and being a son or sons shall attain the age of twenty one years or die under that age issue at his or their decease or being a daughter or daughters shall attain that age or marry and for such child or children living at my decease as being a male or males shall attain the age of twenty one years or die under that age issue at his or their decease or being a female or females shall attain that age or marry of any child or children of mine who shall die before me in equal shares as being brother and sisters but so that the child or children collectively of any deceased child of mine shall take only the share who that deceased child would have taken if living. And I declare that the share of every female under this my will shall be for her separate use and that her sole receipt (not withstanding covertures) shall alone be a good discharge for the same. Provided and I hereby declare that all such monies as I shall advance to my children or shall be owed to me from any of them at my decease and which shall be found entered in any book kept by me or be otherwise recorded by me in writing or for which I shall take any receipt note security or other written memorandum shall be considered as part of my residuary estate and shall be deducted from his her or their respective share but so never the less that no such child shall be called upon to refund such monies for the general purpose of my will. Provided never the less that if the monies so to be owing to me from any one such child shall alone or together with any advancements made by me to him or her exceed in amount his or her share of the residuary trust premises (including such advancement and debts) then the excess thereof beyond such share shall be paid to my trustees or trustee for the time being for the benefit of my other children or their issue (if entitled thereto) under the aforesaid trusts. I direct and empower my said trustees or trustee for the time being acting under this my will to sell my said real estate either subject to or free from the said rent charge and to realise my said residuary personal estate either by public auction or private contract together or in parcels and subject to such terms and conditions as to the title or any other matter relating to the sale as they my said trustees or trustee hall think expedient also to fixed reserve biddings and buy in properly offered for sale and vacate and vary contracts for sale and to resell with the like powers without liability to answer for any consequential loss and generally to effect the sale and conversion of my said real and residuary personal estate on such terms and in such manor as shall be deemed most advantageous never the less with full discretionary powers to suspend as long as child of mine being a son being under the age of twenty one years or being a daughter shall be under that age not having been married or( in case my said real estate shall not be more than sufficient to pay the aforesaid rent charge to my said wife) until after her decease the sale of my said real estate and during such survive to manage and order all the affairs thereof regards letting or lease or otherwise occupation repairs insurance or other maters relating thereto as such trustees or trustee may deem most expedient and advantageous but so that every lease be granted at a rack rent and be granted for not more than twenty one years And if my said real estate or any part thereof be sold free form the aforesaid rent charge or there so much thereof as shall be by any such sale become unprovoked for shall be a charge upon the proceeds of such sale and the investment thereof unless and until my trustees or trustee shall secure the payment of the said rent charge or so much thereof as shall have become so unfortunate---- as aforesaid by the appropriation in manor aforesaid of a sufficient fund in the three pounds per cent consoles provided also and notwithstanding the trust and direction there before contained . I authorise and request my trustees or trustee for the time being so long as any child of mine being a son being under the age of twenty one years or being a daughter shall be under that age not having been married or for such shorter period as they my said trustees or trustee shall think most desirable to carry on and continue the business of any farm or farms in which either as owner or occupier I may be engaged at my decease and for the purpose to retain unsold all or such parts as they or he shall think fit of my said real and residual personal estate and to employ so much of my estate and effects in such business as shall be deemed necessary with the full discretionary powers as to renewal of leases disposition and purchase of stock and employment and payment of bailiffs servants and labourers without being liable for any loss which may happen thereby or by or through any other mater or thing in relation to such business and during the carrying on of such business my wife and infant sons and unmarried daughters (whether such daughters be over or under twenty one) shall be entitled to reside at the expense of my trust estate in the dwelling house I shall occupy at my decease or in such other house belonging to the farmed lands as my said trustees or trustee shall deem most suitable Provided that in the case any son of mine being of age should desire to manage the said business or any part thereof it shall be lawful for but not imperative on my said trustees or trustees to permit (if they or he think fit) such son to manage such business and to make him such pecuniary remuneration for his services as they she or he shall think reasonable such son to be nevertheless subject to the general superintendence and control of and to summary dismissal by my said trustees or trustee in the same manner as if he were there agent or servant. Provided also and not withstanding the trusts and directions here before contained I give to every son of mine who at the respective times when my real estate shall become saleable and my farming business be discontinued shall have attained the age of twenty one years successively according to priority of birth the right of purchase by valuation as hereafter mentioned all or any of my real estate herein before directed to be sold and also the stock alive and dead crops growing and served implements and utensils in husbandry and other farming effects which shall be in upon or about all or any of the farms and lands the business whereof I have authorised to be so carried on as aforesaid and all my tenant right and interests in any such farm and lands and upon payment of the amount of such valuation respectively I have devised and bequeathed the property so valued and paid for unto the person or persons respectively by where the said being so purchased and paid for and to his or their heirs executors administrators and assigns absolutely And I declare that for the purpose of exercising and determining the aforesaid rights of redemption my said trustees or trustee shall whensoever my said real estate becomes saleable or the said farming business be discontinued give notice thereof in writing to every son of mine who has attained the age of twenty one years successfully according to seniority of birth and every son to whom such notice shall have been given and who shall omit for the same space of twenty eight days next thereafter to notify by writing under his hand to my said trustees or trustee his intention to exercise his right of pre-emption shall be seemed to have waived the same. And I declare that every valuation to be made in exercise of any of the proceeding rights of pre-emption shall be made by two indifferent persons one to be chosen by the person exercising such right of pre-emption and the other by my said trustees or trustee for the time being or in the case the two persons to be chosen as aforesaid shall differ in their estimate then by a third person to be nominated by two such persons and that in making any valuation of the said farming effects my then tenant rights and interests as leasee or any otherwise farmed lands shall be included without my premium or other consideration. Provided always that no purchaser from my said trustees or trustee shall be effected by or concerned to take notice of any of the powers of pre-emption freely given nor (unless such purchaser shall have purchased expressly subject thereto) of the aforesaid rent charge to my said wife. And I declare that for the purpose of enjoyment and transmission under the trusts hereinbefore contained my said estate as well real as personal shall be considered as money from the time of my decease and the rents profits and other annual produce thereof however constituted or invested including the profits of the aforesaid business and whet to yielding more or less than the ordinary rate of interest until the same shall be actually sold and converted into money shall be deemed annual income for the purpose of the aforesaid trusts and the share therein of every child of mine who shall have attained a vested interest in the said residuary trust promises shall (if he or she should so request) to be paid to him or her from time to time as the amount thereof shall be ascertained and be approved by him or her but no such payment shall be required oftener than once a year and as regards the farming business herein before authorised to be carried on it is my wish that the accounts relating thereto be made out and balanced yearly at Christmas. I direct my said Trustees or trustee for the time being during the minority of any person presumptively entitled to any share under this my will to invest the same in their or his names or names in (blot) upon (blot) published stocks or funds of Great Britain or upon Government or Real Security in England and not elsewhere with power to vary the same investment in their or his discretion and during such minority I empower and direct my said Trustees or trustee (not withstanding the ability of any parent)to apply at his discretion all or any part of the income arising from such investments or from any other source towards the maintenance and education of the person presumptively entitled thereto either directly or to his or her parent or guardian without seeing to the application thereof or requiring any account for the same and to accumulations (by similar investments) the unapplied portion (if Any) of such income with the power to resort to such accumulations for the maintenance of the person presumptively entitled thereto. And subject to such power such accumulations shall follow the distribution of the funds from which the same shall arise. I also empower my said Trustees or trustee at their her or his discretion to raise by such ways and means as they she or he shall judge expedient and apply for the advancement in life or otherwise for the benefit of any minor or of any legatee whose share shall have become vested any sum or sums of money not exceeding the sum of four hundred ponds or exceed of the share to which he or she may be presumptively or actually entitled under this my will. I devise all the estate which at my decease shall be solely vested in me as trustee or be vested unto my said trustees ---- to the equities affecting the same respectively I declare that my said --- shall not be entitled to any benefited from this my will if she my dower freebench or thirds out of my estate. And lastly I hereby revoke any former wills and codicils, In witness thereof I have to this my last will and testament set my hand at the --- thereof this seventeenth day of May One Thousand Eight Hundred and Sixty One. Signed and published by the said Abraham Bowerman Croxon the testator as his last Will And Testament in the presence of us present At the same time who in his presence at his Request and in the presence of each other have Subscribed our names as Witness J B Arthy Clerks to Mr James Parker Solicitor Chelmsford P G Brooks Codicil I Abraham Bowerman Croxon of Burnham in Essex Farmer do make this codicil to my will which bears the date the 17th day May 1861 My nephew Charles Henry Bowerman one of my executors and trustees and also one of the guardians of my infant children having lately departed this life I declare that my said will shall be read and shall take effect as if the name of my wife's brother (namely) John Belcham of Rayleigh in the said county Draper had been written in every part of the said will where in the name of the said Charles Henry Bowerman either expressly or by reference occurs in place of and I as if such last mentioned name had never been inserted in such will and that this substitution shall extend to the contingent devised therein contrived of my copyhold herediments. In all other respects I confirm my said will In witness thereof I have hereunder set my hand this 8th July in the year of our Lord 1862. Signed by the said Abraham Bowerman Croxon the testator as a codicil to his Will in the presence of us present At the same time who in his presence at his Request and in the presence of each other have Subscribed our names as Witness J W Wilson Solicitor Chelmsford J B Arthy Codicil 2 This is the second codicil to my will, which bears the date the 17th day May 1861. Whereas by my said will I have devised and bequeathed certain real estate and personal estate and given certain powers to my wife Mary Ann Croxon, John Rodgers and Charles Henry Bowerman as trustees and appointed them executors of my said will and guardians of my infant children and by codicil to my said will dated 8th July 1862 I appointed John Belcham to be a trustee and executor of my said will in the place of Charles Henry Bowerman who was then dead. Now I revoke such codicil to my said will as far as the said John Belcham is object thereof and substitute my son Abraham Bowerman Croxon in his place and declare that my will shall be read and shall take effect as if the name of my said had been written in every part of the said will wherein the name of the said Charles Henry Bowerman either expressly or by reference occurs in lieu of and in such last mentioned name had never been inserted in such will and that this substitution shall extend to the contingent devised therein contrived of my copyhold herediments. In all other respects I confirm my said will In witness thereof I have hereunder set my hand this 7th June in the year of our Lord 1867. Signed by the said Abraham Bowerman Croxon the testator as a codicil to his Will in the presence of us present At the same time who in his presence at his Request and in the presence of each other have Subscribed our names as Witness Edw Woodward Sol Billericay John Wood Langford |