1843 - Elizabeth DOCWRA, widow, of Kneesworth, Cambs.

Will was written on 17 November 1842
Will was proved on 18 November 1843

This is the last Will and Testament of me Elizabeth Docwra of Kneesworth in the County of Cambridge Widow

I give and devise unto my daughter Eliza the Wife of Stephen Hughes Moule and to her heirs and assigns for ever all my allotment of land and estate at Melbourne at the County of Cambridge now or late in the occupation of the said Stephen Hughes Moule as undertenants or assigns to hold the same unto my said daughter Eliza Moule her heirs and assigns for ever

I give and bequeath unto my said daughter Eliza Moule the sum of four hundred pounds of lawful money for her own absolute use and benefit

I give and devise unto my daughter Emma the Wife of John Gardener and to her heirs and assigns all that my messuage cottage or tenement with the barn yard garden orchard and appurtenances thereto belonging situate at Kneesworth aforesaid and also all that allotment plot piece or parcel of land or ground near thereto in the Parish of Bassingbourn containing about four acres be the same more or less as the same are now in my own occupation or in the occupation of my tenants to hold the same premises unto my said daughter Emma Gardener her heirs and assigns for ever

I give and bequeath unto my said daughter Emma Gardener the sum of one hundred pounds for her own absolute use and benefit

I give and devise unto my daughter Ann the Wife of Thomas Titchmarsh and to her heirs and assigns for ever all my allotment plot piece or parcel of land or ground with the rights members and appurtenances thereto belonging situate in the Parish of Bassingbourn in the Cunty of Cambridge containing about fifteen acres be the same more or less now in the tenure or occupation of Mr. Joseph Phillips or his undertenants to hold the same unto my said Daughter Ann Titchmarsh her heirs and assigns for ever

I give and bequeath unto my friend Mr. Thomas Sutton Senior of Bassingbourn in the County of Cambridge Baker the sum of three thousand pounds of lawful money upon trust to lay out and invest the same in his name in or upon the public Stocks or funds or other Government or real securities in England with power for my said trustee his executors administrators or assigns to vary and transpose the stocks funds and securities from time to time as often as occasion shall require or as shall be found expedient

and I direct that my said trustees shall stand possessed of the said trust monies stocks funds and securities upon the trusts following that is to say as to one equal third part or share thereof upon trust from time to time during the joint lives of my said daughter Eliza Moule and her husband the said Stephen HUghes Moule to pay the dividends interest and annual produce arising therefrom unto or permit the same to be received by my said daughter Eliza Moule for her separate use free from the control debts and engagements of her present or any future husband

and after the decease of either of them the said Stephen Hughes Moule and Eliza Moule upon trust to pay the same dividends and annual produce unto the survivor of them for his or her own use during his or her life and after the decease of the survivor of them the said Stephen Hughes Moule and Eliza his wife upon trust to stand possessed of the said one equal third part or share of the said trust monies stocks funds or securities and the yearly dividends interest and produce to arise therefrom In trust for all or any one or more of the children grandchildren or other issue of my said daughter Eliza Moule (such grandchildren or other issue to be born in her lifetime) for such interests and in such proportions and subject to such conditions restrictions and limitations over in favor of any other or others of the said children grandchildren or other issue and with such regulations for maintenance education and advancement and to be paid and transferred at such age or ages either absolutely or upon such contingencies as my said daughter Eliza Moule whether covert or sole shall at any time or from time to time in any deed or deeds either with or without power of revocation and new appointment or by her last will and testament or any Codicil or Codicils thereto direct or appoint and in default of such direction or appointment and subject thereto In trust for all and every child and children of my said daughter Eliza Moule who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry if more than one in equal shares as tenants in common and if there shall be no child of my said daughter Eliza Moule who shall live to acquire a vested interest in such trust funds then as to one moiety or half part the said one third part or share of the said stocks funds and securities in trust for the person or persons who would by virtue of the statutes of distribution be entitled to the personal estate of my said daughter Eliza Moule at the time of her decease if she now died intestate and without having a husband or child an as to the other moiety or half part of the said one thrid part or share of the said stocks funds and securities In trust for such person or persons in such parts shares and proportions and to and for such intents and purposes in all respects as my said daughter Eliza Moule shall at anytime or times whether covert or sole by any deed or will in writing appoint or bequeath the same and in default of and subject to every such appointment In trust for the person or persons who would by virtue of the statutes of distribution be entitled to the personal estate my daughter at the time of her decease if she had died intestate and without leaving a husband or child provided always

and I hereby declare that in case of the death of the survivor of them the said Stephen Hughes Moule and Eliza his wife any of the children grandchildren or other issue of my said daughter Eliza Moule who under the trusts hereinbefore contained or under any appointment to be made by virtue of the powers hereinbefore contained may be entitled to any vested or presumptive share or shares of the said trust monies stocks funds or securities being a male or males shall not have attained the age of twenty one years or being a female or females shall not have attained that age or been married then subject and without prejudice to any direction or regulation which may be made by any such appointment or appointments as aforesaid it shall be lawful for the trustee or trustees for the time being of this my will in his or their direction from time to time to apply all or any part of the yearly dividends interest or annual produce of the vested or presumptive share of each such child grandchild or issue being a male during his minority or being a female during her minority or discoverture in or towards his or her maintenance and education or otherwise for his or her benefit and that subject as aforesaid so much if any of the dividends interest or annual produce arising from the share or presumptive share of esch such child grandchild or issue respectively as shall not be so applied as aforesaid shall be improved at interest and accumulated and the accumulations thereof to be added to the principal of the share wheure(?) the same shall have arisen with power nevertheless to the said trustee or trustees if he or they shall deem it expedient so to do to apply the accumulated fund or any part thereof in and towards the maintenance and education of the child or children from whose share or presumptive share or respective shares the same shall have arisen provided also

and I further declare that it shall be lawfull for the said trustee or trustees with the consent in writing of the said Stephen Hughes Moule and Eliza his wife or of the survivor of them and after the decease of such survivor then in the discretion of the said trustee or trustees to apply any part not exceeding one half of the principal or value of the vested or presumptive share of each or any of the children grandchildren or issue of my said daughter as aforesaid in and towards the advancement or preferment in the world or otherwise for the benefit of the child grandchild or issue to whom such share or respective shares shall actually or presumptively belong

and as to one other equal third part or share of and in the said trust monies stocks funds and securities upon such trusts and for such purposes and with under and subject to such powers and provisions in favour of my daughter Emma the wife of the said John Gardener and her said husband children grandchildren and other issue as shall correspond with the preceding trusts powers and provisions in favour of my said daughter Eliza Moule and her said husband children grandchildren and other issue

and as to the remaining equal third part or share of and in the said trust monies stocks funds and securities upon such trusts and for such purposes and with under and subject to such powers and provisions in favour of my youngest daughter Ann the Wife of Thomas Titchmarsh and her said husband children grandchildren and other issue as shall correspond with the preceding trusts powers and provisions in favour of my said daughter Eliza Moule and her said husband children grandchildren and other issue

I give and devise unto the said Thomas Sutton and his heirs all my messuage or tenement and hereditaments situate in the High Street at Royston in the County of Hertford now or late in the occupation of James Meyer or his under tenant or undertenants and all other my real estate situate at Royston in the said County of Hertford to hold the same unto and to the use of the said Thomas Sutton his heirs and assigns upon trust as soon as convenient after my decease to sell the same by public Auction or private contract with liberty from time to time if deemed expedient to buy in the same or any part thereof at any auction and to rescind or vary the terms of any contract for sale that may have been entered into and to convert the whole or such parts of the said estate as from time to time shall be sold in such manner as the respective purchasers thereof shall direct

and I declare that such purchasers respectively shall be exonerated from all responsibility in respect of the application of the monies paid by them respectively to my said trustee his heirs or assigns

and I thereby declare that my said trustee his heirs and assigns shall stand possessed of the monies to be produced by such sale or sales as aforesaid after deducting the expences attending the same upon trust to pay the same unto and equally between and among my said three daughters Eliza Moule Emma Gardener and Ann Titchmarsh their executors administrators or assigns

Provided always and I hereby declare that if my said daughter Ann Titchmarsh shall be minded or desirous to possess my said estate at Royston aforesaid and of such desire shall within the space of three calendar months next after my decease give notice in writing to my said trustee then and in such case the sale hereinbefore directed shall not take place but a valuation shall be made of the said estate by two competent persons one of them to be chosen by the said Ann Titchmarsh and the other of them by the said Thomas Sutton his heirs or assigns and if such two persons shall disagree in the premises then by a third person or umpire to be nominated by the two persons so first chosen whose decision shall be final and in that case I give and devise the same messuage or tenement hereditaments and real estate situated at Royston aforesaid unto and to the use of my said daughter Ann Titchmarsh her heirs and assigns subject nevertheless and charged and chargeable with the payment thereout of two thirds of the amount of the valuation hereinbefore directed to be made of my said estate unto and equally between my said daughters Eliza Moule and Emma Gardener their assigns and administrators within twelve calendar months next after my decease

I give and bequeath unto the said Thomas Sutton the sum of ten pounds as a mark of my respect

And as to all the rest residue and remainder of my goods chattels monies securities real and personal estate whatsoever and wheresoever not hereinbefore disposed of I give devise and bequeath the same unto and equally to be divided between my said three daughters Eliza Moule Emma Gardener and Ann Titchmarsh their heirs executors administrators and assigns as tenants in common for their absolute use and benefit

I give and devise unto my said three daughters their heirs and assigns all real estates vested in me as mortgagitor(?) or trustee upon the trusts and subject to the equities affecting the same respectively

Provided always and I hereby declare that in case the said Thomas Sutton shall die in my lifetime or shall renounce the execution of the trusts hereby created or in case the said Thomas Sutton or any trustee or trustees to be appointed under this present provision shall die or shall be absent from the United Kingdon for the space of eighteen calendar months at one time or shall otherwise desire to be discharged from or decline or become unwilling or unable to act in the aforesaid trusts or in case it shall be by my said three daughters or the survivor or survivors of them thought fit to increase the number of trustees to the number of three trustees then and so often as the same shall happen it shall be lawful for my said three daughters Eliza Moule Emma Gardener and Ann Titchmarsh or the survivor or the survivors of them and after the decease of my said daughters then for the retiring or renouncing trustee for the time being or if there be no such last named trustee then for the executors or administrators of the last deceased trustee to nominate any fit person or persons to supply the place or places of the trustee or trustees respectively so dying residing abroad desiring to be discharged from or declining or becoming unwilling or unable to act as aforesaid or as such additional trustee or trustees as aforesaid and that immediately after every such appointment the said trust estates monies and effects stocks funds or securities shall be converted or transferred in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees soleley as the case may require and that such new trustee or trustees shall have and be capable of exercising all the powers and authorities whatsoever hereinbefore contained in the same manner to all intents and purposes as if he or they had been appointed a trustee or trustees by this my will

Provided also that the trustees for the time being of this my will shall be charged and chargeable with such sums only as they respectively shall actually receive by virtue of the trusts hereby reposed in them notwithstanding their joining in any receipt or receipts or doing any other act for the sake of conformity and that they or any of them shall not be answerable or accountable for involuntary misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto

Provided also and I hereby lastly declare that it shall be lawful for the said trustees or trustee for the time being by and out of the money which shall come to their or his hands by virtue of the trusts aforesaid to deduct retain and reimburse for themselves respectively or himself and also to allow to each other all costs charges damages and expences and fees to Counsel for advice which they or any of them may sustain disburse or incur in or about the execution of the aforesaid trusts or in relation thereto in

And lastly I hereby nominate and appoint my said three daughters Eliza Moule Emma Gardener and Ann Titchmarsh joint Executrixes of this my will and revoke all other wills by me at any time made

In Witness whereof I the said Elizabeth Docwra the Testator have to each sheet of this my last will and testament contained in seven sheets of paper set my hand this seventeenth day of November in the year of our Lord one thousand eight hundred and forty two Elizabeth Docwra Signed published and declared by the said Elizabeth Docwra the Testatrix for her last Will and Testament in the presence of us who present together at the same time in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses the word Hughes being first written on erazure throughout the will W H Nash Solr. Royston Thos. Pickering his Clerk

Proved at London 18th November 1843 before the Judge by the Oaths of Eliza Moule (Wife of Stephen Hughes Moule) Emma Gardener (Wife of John Gardener) and Ann Titchmarsh (the Wife of Thomas Titchmarsh) the daughters the Executrixes to whom Administration was granted having first sworn (by Commission) duly to administer.

PRO, catalogue reference: PCC Prob/11/1998, will of Elizabeth Docwra, widow of Kneesworth, Cambridgeshire (proved) 18 November 1843 (dated 17 November 1842).

Transcription by Anne Nichols, Cumbria, England 17 October 2003.