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Will of John Clark of St Ives 1849

 

 

Will of John Clark of St Ives 1849 Yeoman of St Ives 1849

Proved in Archdeaconry Court of Huntingdon

 

This is the last Will and Testament of me John Clark of

Saint Ives in the County of Huntingdon Yeoman I give and

devise unto my wife Phoebe Clark for and during the Term of

her natural life an Annuity or Weekly sum of Two shillings

per Week without any deduction or abatement whatsoever

to be paid to her weekly by my Brother Staffurth Clark and I

charge my Freehold Land at Warboys in the County of Huntingdon

occupied by John Thompson with the payment thereof with

full power to my said Wife in case of default of payment

to distrain for the same and to sell such distresses in like

manner as for rent reserved by lease or Common demise

I authorize request and direct my brother Staffurth Clark his

Executors or Administrators with all convenient speed after

my decease to make sale and dispose of my Copyhold

Land in Warboys in the occupation of John Thompson

and all other my Copyhold Estate whatsoever absolutely

by Public Auction or private Contract to any person or

persons willing to become the purchaser or purchasers thereof

respectively for such price or prices Sum or Sums of money as to

him his Executors or Administrators shall seem reasonable And

I do hereby declare that the receipt or receipts of the said Staffurth

Clark his Executors or Administrators for any money payable

under this my Will shall affectivally discharge the person or

persons paying the same from being answerable or accountable

for this misapplication or nonapplication thereof or of any part

thereof or to enquire into the necessity or propriety of any

Sale or Sales that may be made or accepted by order

of this my Will and that as person or persons becoming

purchasers or purchasors of my said Copyhold Estates shall

be bound or obliged to ascertain or inquire into the necessity

or propriety of any such Sale or Sales as aforesaid And

I declare that the said Staffurth Clark his Executors and

Administrators shall stand and be interested in the Money

to arise from such Sale or Sales as aforesaid after payment

of the Expenses thereupon? In the first place to pay any Just

debts funeral and Testamentary Expenses and the expense

of proving this my Will and in the next place to pay

off and discharge all mortgages that may be charged

on my said Copyhold or Freehold Estates hereinafter

devised and in the next place to place the residue

of the said Money out at Interest on good real Security

and receive and retain the Interest thereof for his own

use for and during the Term of his natural life and after

his decease I direct his Executors or Administrators to apply

and pay the Interest to his wife Jane Clark for and

during her natural life and from and after the decease

of the survivor of them I direct the Principal Money to be

divided equally between his children William Clark

George Staffurth Clark Charles Clark Staffurth Clark and

John Clark share and share alike I also give and

bequeath to my said brother Staffurth Clark all my

Personal Estate of what nature or kind soever I

Give and devise my freehold land in Warboys formerly

Wrights and which my said Brother Staffurth Clark and his Wife

Jane Clark for and during the Term of their Natural

Lives and the life of the longer liver of them and from

and after the decease of my said Brother and his

Wife and the longer liver of them I Give and devise

the same to my Nephew George Staffurth Clark

upon trust that he the said George Staffurth Clark

his heirs Executors and Administrators do and shall

with all convenient speed after my decease make

sale and dispose thereof by Public Auction or Private

Contract for the most money and best price that

can be obtained for the same and do and shall

make and execute all such Contracts Conveyances

Surrenders and Assurances acts and deeds as he or

they shall think proper And I do declare that

the receipt or receipts of the said George Staffurth Clark

his Heirs Executors or Administrators shall be a sufficient

discharge or discharges for the purchase or purchasers thereof

and that such purchaser or purchasers shall not be

answerable or accountable for any less misapplication

or nonapplication of the said Purchase Monies or any

part thereof And I do herby declare that the said

George Staffurth Clark his Heirs Executors or Administrators

shall stand possessed of the Money arising from such

Sale or Sales after payment of all Expenses thereof In

trust to pay and equally divide the same between himself

and Brothers William Clark, Charles Clark, Staffurth Clark

and John Clark share and share alike as directed with

with respect to the residue of my Copyhold Estate and

I give and bequeath the same to them accordingly

And I do hereby declare that neither of my said Trustees

shall be chargeable with or accountable for any more

of the Trust Monies than shall come to their respective

hands nor for any loss that may happen (wilful loss

excepted) in the execution of the above Trusts. And I do

hereby appoint my Brother Staffurth Clark Sole Executor

of this my Will and do hereby revoke and make void

all former Wills and Codicils by me at any time

heretofore made and I declare this to be my last

Will and Testament In witness whereof I have hereunto

set my hand and seal this thirtieth day of

March in the Year One thousand eight hundred and

forty nine

 

Signed sealed and delivered by the said         }

John Clark the Testator as and for his last               }

Will and Testament in the presence of us                   }                          John Clark

who at his request in his presence and in the              }

presence of each other have hereunto subscribed   }

our names as Witnesses hereto                      }

 

Wm B B Posbrooke Bt

Thomas Tronding

Jas O Beck ?  St Ives

 

This will was the subject of a chancery dispute see here

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