This is the last Will and Testament of me William Havens Pope of Higham Ferrers in the county of Northampton Surgeon I nominate and appoint my Partner Thomas John Starling of Higham Ferrers aforesaid Surgeon and my friend Francis Henry Hogg of Philpot Lane in the City of London Merchant Executors and Trustees of this my Will and I appoint the said Thomas John Starling and Francis Henry Hogg and the survivor of them or other the trustees or trustee for the time being of this my Will Guardians of the persons and Estate of such of my children as shall be under the age of twenty one years and unmarried at my decease I give and bequeath to the said Thomas John Starling for his own use and benefit all the household furniture and effects wine beer fuel provisions or like household stores which at the time of my death shall belong to me or which shall then be in or about or appropriated to the use of the dwelling house wherein at the time of my death we shall jointly reside and carry on the business or profession of Surgeons and apothecaries or as we have now done for four years past And I also give and bequeath to the said Thomas John Starling for his own use and benefit all the Estate and interest which I may have at the time of my death in the said dwelling house wherein we now reside and carry on business as aforesaid and all my share and interest in our Partnership property and effects other than and except my share of any debts which at the time of my death shall be due to us as Partners and I direct that the bequests so made to the said Thomas John Starling as aforesaid shall operate take effect and that he shall be entitled to the full benefit thereof whether he accepts the executorship of this my Will or not I give and bequeath All residue of my personal estate which shall remain after the payment of any just costs funeral and testamentary expenses unto my three children William Havens Mary Anne and Frances Elizabeth now severally infants in the following shares and proportions that is to say two fourth parts or shares thereof to my said son William Havens one other fourth part or share thereof to my said daughter Mary Anne and the remaining fourth part or share thereof to my said daughter Frances Elizabeth provided always that should my said son William Havens die in my lifetime or after my death before he shall have attained the age of twenty one years and without leaving lawful issue leaving my said daughters Mary Anne and Frances Elizabeth living at the time of my death or at the time of his dying after my death before he shall have attained the said age of twenty one years and without leaving lawful issue then I give and bequeath the whole residue of my personal estate to my said two daughters in equal shares provided further that should either of them my said two daughters die in my lifetime or after my death before she shall have attained the age of twenty one years and without having married leaving the other of them and my said son William Havens living at the time of my death or at the time of her dying after my death before she shall have attained the said age of twenty one years and without having been married then I give and bequeath the one fourth part or share of the residue of my personal estate to which such daughter so dying as aforesaid would had she survived me and lived to attain the said age of twenty one years or marry have become entitled under this my Will to the survivor of them my said two daughters and my said son in equal shares provided further that if one only of them my said three children shall be living at the time of my decease or if they shall all be then living but one only of them shall live to attain the age of twenty one years or marry then I give and bequeath the whole residue of my personal estate to such only surviving child I direct that the residue or share of the residue of my personal estate to which each or either of my said daughters shall become entitled under the bequests aforesaid shall be retained and her’s if or vested in my Executors or in Trustees or a Trustee to be appointed as thereinafter directed and that the said Executors Trustees or Trustee and their or his executors or administrators shall stand possessed of and interested in the residue or share of residue of my personal estate to which each or either of my said daughters shall become entitled upon the trusts following, that is to say Upon trust during the life of such daughter to pay to her only the income which shall arise from the residue or share of residue to which she may be so entitled and to pay such income to her in case of and during her coverture for her separate use only without her being able to attain or encumber or reprieve thereof of the benefit thereof by anticipation or otherwise and after her death leaving any husband surviving her then during his life to pay the income arising from such residue or share of residue unto such husband and any child or children who she may have and the issue living at her death of any such child or children or to any one or more of such objects or persons exclusively of the other or others of them in such manner and form as such daughter by any deed to be duly executed by her or by her Will shall appoint and in default of any such appointment and so far as any such appointment shall not extend In trust to pay such income to her husband during his life and after the death of such husband if any such shall survive such daughter or at the death of such daughter if she shall have no husband the trust to dispose of the principal of the residue or share of the residue for the benefit of all or any children or child and either to the omission of any one or more of such children or otherwise in such manner and form as such daughter shall by any deed to be duly executed by her or her Will direct and in default of any such appointment as last aforesaid and so far as any such appointment shall not extend then In trust for the issue if only one and all the children in equal shares if there shall be more than one child of such daughter who being a son or sons shall attain the age of twenty one years either in her lifetime or afterwards or being a daughter or daughters shall attain that age or marry either in her lifetime or afterwards but so that if there shall be more than one child of such daughter and any other of the trust fund shall have been appointed to him or her or his or her mother under the power aforesaid he or she shall not share in the unappointed part of the trust fund without bringing his or her appointed share into hotchpot with his or her brother or sister brothers or sisters and accounting for the same accordingly unless the appointment made in his or her favor shall have declared to the contrary and in case there shall be no child or children of such daughter or there being such child or children and the same 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 and unmarried then I direct that the principal of such trust fund or so which thereof as shall not have become vested in any such child or children under any appointment to have been made in his or her or their favor as aforesaid or as shall not have been applied for his or her benefit under the provisions hereinafter contained and also all accretions or additions thereto which shall have been made from the accumulation of the income thereof as hereinafter provided shall be held subject to the life interest therein of her husband In trust for and for the sole use and benefit of the person or persons who under the statutes for the distribution of the estates and effects of persons dying intestate shall or may or should or might at the time of her death be entitled to any personal estate or to which she may or might be possessed or entitled at the time of her death such persons if more than one taking and participating in the shares prescribed on the same statute provided always and I do also direct that in case my said daughter respectively or either of them shall survive me and marry then the residue or share of residue of my personal estate to which she may have become entitled under the provisions aforesaid or any part thereof shall and may if the trustees or trustee for the time being thereof under this my Will shall think fit but not otherwise be released and discharged from all or any of the trusts invitations and sanctions herein expressed or contained and which shall or may affect the same and is vested in any other persons or person as trustees or trustee or retained by the said trustees or trustee for the time being thereof subject to any other trusts directions invitations powers or provisions to or made contained or expressed in and by any deed or deeds of settlement to be duly executed by such daughter and her husband or widowed husband for the benefit of herself her husband and issue subject to any trust or invitations to be made or declared in favor or for the benefit of herself her husband and issue in such manner and form whether similar to or different from the trust directions and invitations herein declared and expressed concerning the same or otherwise as the said trustees or trustee for the time being thereof under this my Will in their or his sole discretion shall approve Also I direct that the receipt or receipts of any persons or person who may be appointed trustees or trustee for the purposes of such new settlement for any monies or property to be affected thereby shall be a seal and complete discharge for the same to the trustees or trustee thereof under this my Will and they he or she shall be under no obligation or liability in respect of the future application thereof provided always and I hereby direct that during the minorities of each or either of my children all the income or accumulations of income to which he or she may be entitled under the provisions aforesaid from or out of the residue of my personal estate or such part of such income as shall in the discretion of the said trustees or trustee be required shall be applied in or towards his or her maintenance and education and advancement in the world and that as to my said son any part not exceeding one fourth in value or amount of the property to which he may be entitled under this my Will may at the discretion of the said trustees or trustee be applied during his minority for his benefit and advancement and I will that all income so arising as aforesaid and not applied to the maintenance education or advancement of the child entitled thereto shall be accumulated and that the fund so to be accumulated so far as the same shall not from time to time be applied as aforesaid shall follow the distribution of and be treated as part of the principal who use the same processes And I authorise and empower my Executors to waive suspend or release or make any composition or arrangement for or concerning any debt or debts demand or demands which may be due to me at the time of my decease or as claimed on behalf of my estate and to take my security or real or personal property or any Bond Note or engagement for the payment or satisfaction of any such debt or debts demand or demands or the sum or sums to be accepted or taken by way of composition for the same and to allow such time for the payment of any such debt or debts sum or sums without taking any security for the repayment thereof as they or he shall think proper and aids to pay or satisfy any debt or debts demand or demands which may be claimed to be owing from me or be made against my Estate upon such like or evident whether strictly legal or not as they or he shall deem satisfactory and to delay or postpone the conversion into money of any part of my personal estate which in their opinion may be advantageously allowed to remain outstanding and unconverted into money and to settle adjust and wind up all accounts pending between me and any other person or persons whomsoever and give full and complete acquittances and discharges in relation thereto and to refer to arbitration upon such terms and conditions as they or he shall deem expedient any disputes which may be pending or may arise with any person or persons with whom I in my lifetime shall have had any dealings or transactions or any other disputes whatever relating to my Estate and effects or any part thereof and at their or his discretion to abide by or contest and dispute any submission or arrangement which may have been made or entered into as aforesaid or any award or other matter or proceeding consequential thereon I authorise and empower my Executors and the trustees or trustee for the time being of this my Will to invest all monies in their or his hands which shall be subject to any of the trusts of this my Will in the names or name of my said trustees or trustee for the time being in or upon the public stocks or funds of Great Britain or in Bank stock or upon the security of a mortgage or mortgages of any freehold copyhold leasehold estates or upon debentures mortgages of any such canal Railway or dock company or companies or other similar Company or companies in Great Britain or any of the colonies thereof as my said trustees or trustee for the time being shall think well established and sound or in paid up shares or joint stock of any such company or companies paying a dividend and from time to time to vary any investment of trust monies I declare that the receipt in writing of the trustees or trustee for the time being of this my Will for any monies or property bonus or affected by the trusts of this my Will or any or either of them shall discharge the person or persons paying or transferring the same from responsibility for the application thereof or for the propriety or regularity of the payment or for transfer thereof or of any transaction leading thereto I direct that in case my executors or the survivor of them or the persons or person who may take administration or Probate under this my Will shall be desirous of closing the accounts of their or his executorship or administration whilst any part of my residuary personal estate shall remain in specie outstanding or unconverted into money and it shall happen that the person or persons charged with such executorship or administration shall be other than the person or persons who may be appointed to act in the execution of the trusts to which such residuary Estate may be subject under this my Will then I direct that the person or persons last aforesaid may accept and take a transfer or assignment of all or any part of my residuary personal estate then remaining unconverted or outstanding and settle adjust and allow the accounts of the persons or person charged with such executorship or administration and in that case I empower the said trustees or trustee to sell and dispose of and convert into money all or any part of such residuary personal estate and to exercise all powers and authorities over and in relation thereto in the same manner and as fully and effectually as the person or persons charged with the Executorship or administration could or might have done provided always and I declare that if the said Thomas John Starling and Francis Henry Hogg or any person to be appointed or who may become trustee of any residuary personal estate shall die or disclaim or be desirous of being discharged from or refuse or decline to accept or become incapable to act in the execution of the trusts thereof hereby declared from time to time subsisting or capable of taking effect then and as often as the same shall happen it shall be lawful to and for the said Thomas John Starling and Francis Henry Hogg or the survivor of them or the continuing working trustees or trustee for the time being or for the executors or administrators of the surviving Trustee for the time being from time to time to nominate and appoint any other person or persons to supply the place of the trustee or trustees so dying disclaiming or desiring to be discharged or becoming incapable as aforesaid and for the protection of my said trustees and trustee for the time being I hereby further declare that they respectively shall not be answerable for any loss which may happen to the trust estates or otherwise in relation to this my Will or the trusts thereof from any act which they respectively shall do in good faith and under a reasonable belief that the same would be beneficial to my Estate or children and I wish this declaration to be expounded in manner most favorable to my trustee and trustees being most anxious that whilst they give their services for the welfare of my children they should not suffer from any inadvertent deviation from strict rules or law or equity and I declare that it shall be lawful for the trustees or trustee for the time being of this my Will with and out of the monies which shall come to their respective hands to deduct and allow to themselves and allow their respective cotrustees or cotrustee all costs, charges damages and expenses which shall be incurred or occasioned by or unto them respectively in or about the acceptance or execution of the aforesaid trusts or in anywise relating thereto In witness whereof I have to this my last Will and Testament written on seven sheets of paper set my hand this fourth day of October one thousand eight hundred and fifty five Wm Havens Pope ~ signed by the said William Havens Pope the testator as his last Will and Testament in the presence of us being present at the same time who at his request in his presence and in the presence of each other subscribe our names as ~ witnesses John Sanderson Higham Ferrers ~ Samuel Allen Higham Ferrers
CODICIL
I William Havens Pope do declare this to be a codicil to my last Will and Testament dated the fourth day of October 1855 and I do hereby declare that it is my will and desire that the share of the residue of my personal Estate to which my son William Havens shall or may become entitled under my said Will shall not become a vested interest in or be payable to him until he shall have attained the age of twenty five years or until he shall have taken a degree at one of the Universities of England and have entered into holy orders or shall have entered into some business or profession to the full satisfaction of his Trustees for the time being of my said Will and I further declare and direct that the Clause and all powers contained in my said Will relative to the maintenance and education benefit and advancement of my three children during their minorities shall as to my said son William Havens or be extended and continue in their power until his share shall have become payable under this Codicil to my said Will in all other respects I ratify and confirm my said Will as witness my hand this fourth day of [January] one thousand eight hundred and fifty six Wm Havens Pope ~ signed by the said William Havens Pope the testator as a codicil to his last Will and Testament in the presence of us being present at the same time who at his request and in his presence and in the presence of each other subscribe our names as witnesses ~ John Sanderson Higham Ferrers ~ [Robert? E Pope?] [.... H Graye] [ .... Stanner?]
PROVED at London with Codicil 2nd April 1856 before the Judge by the oaths Thomas John Starling and Francis Henry Hogg the executors to whom Admon [Administration] was granted having been first sworn by com [commission] duly to administer
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