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WILL OF ROBERT CRICKMORE 1850

Transcribed by Chris Elsden to whom many thanks

Spelling and capitals as in the transcription, but for ease of reading, paragraphs and punctuation have been inserted

The Will of Robert Crickmore of Seething proved 18th March, 1859 at Norwich

This is the last Will and Testament of me Robert Crickmore of Seething in the County of Norfolk Farmer

I give and devise unto my wife Ann Jane Crickmore and her assigns, during her life, an annuity or clear yearly sum of Eighty pounds of lawful money of Great Britain, to be yearly issuing and payable out of and charged and chargeable upon All and singular my freehold and copyhold messuages or tenements farm lands and hereditaments containing One hundred and sixty five acres more or less, situate at Seething aforesaid, now and for some years past in my own occupation.

the said Annuity to be payable, and paid, to my said wife or her assigns by equal half yearly payments in every year, without any deduction or abatement whatsoever, with a proportional sum for any fractional portion of a half year which may happen immediately to precede the determination thereof the first half yearly payment of the said Annuity, to be made at the expiration of six calendar months next after my decease.

And I declare that in case, and so often as, the said Annuity of Eighty pounds, or in case such proportional part thereof as aforesaid, shall be in arrear and unpaid in the whole, or in part by the space of fourteen days next after any of the said days or times hereinbefore appointed for payment thereof as aforesaid, then and so often it shall be lawful for my said Wife and her assigns to enter and distrain for the sum and for the expences occasioned by the non payment thereof upon all or any part of the hereditaments hereby charged with the payment of the said Annuity, in the same manner in all respects as landlords are authorized by law to do for rents received on common leases for years.

And also that in case, and so often as the said annuity, or in case such proportional part as aforesaid, shall be paid either in the whole or in part by the space of twenty eight days next after any or either of the days or times hereinbefore appointed for payment thereof, then and so often (although there shall not have been any legal demand of the same) it shall be lawful for my said Wife or her assigns to enter into and upon and to hold all or any part of the said hereditaments hereby charged as aforesaid and to retain possession and to receive the rents and profile thereof for her or their own use until she or they shall thereby or otherwise be fully paid and satisfied the arrears of the said Annuity which may afterwards become due during the time of her or their being in possession of the said premises and all costs and expences occasioned by the nonpayment thereof at the days or times aforesaid

And I give and bequeath unto John William Wells of the City of Norwich, Gentleman, and William Barnard of Shottisham in Norfolk, Farmer and Miller, their heirs and assigns for and during the natural life of my daughter Mary the wife of William Durrant an annuity, or yearly rent charge, of sixty pounds of lawful money aforesaid, to be yearly issuing and payable out of and charged and chargeable upon all and singular the hereditaments hereinbefore mentioned; the said annuity or yearly rent charge to be payable and paid in equal portions, half yearly, in every year, without any deduction or abatement whatsoever, with a proportional sum for any fractional portion of a half year which may happen immediately to precede the determination of the said annuity the first half yearly payment thereof, to be made at the expiration of six Calendar months next after my decease.

(?) And the said proportional sum immediately after the decease of my said daughter

And I give to the said John William Wells and William Barnard, their heirs and assigns, in respect of the said Annuity of Sixty pounds, the same, or the like powers, of distress and entry upon and perception of the rents and profits of the hereditaments aforesaid, for recovering and enforcing payment thereof as I have hereinbefore given to my said wife, and her assigns, in respect of the said Annuity of Eighty pounds.

And I declare that the said annuity of Sixty pounds shall be held upon trust for the sole and separate use and benefit of the said Mary Durrant, exclusive of her present or any future husband, and so that the same may not be subject to his debts or control, and so that the said Mary Durrant may not assign, incumber or in any manner anticipate the growing payments thereof. And that her receipt may from time to time, notwithstanding her coverture, be sufficient discharges for the same.

And I also give and bequeath unto the said John William Wells and William Barnard, their heirs and assigns, for and during the natural life of my daughter Sarah Crickmore an annuity, or yearly rent charge, of Forty pounds of lawful money aforesaid to be yearly issuing, and payable upon, out of and charged and chargeable upon, All and singular the hereditaments hereinbefore mentioned; the said last mentioned annuity to be payable, and paid, in equal portions half yearly in every year without any deduction or abatement whatsoever, with a proportional sum for any fractional fraction of a half year which may happen immediately to precede the determination of the said Annuity the first half yearly payment thereof, to be made at the expiration of six calendar months next after my decease. And the said proportional sum immediately after the decease of the said Sarah Crickmore

And I give to the said John William Wells and William Barnard, their heirs and assigns, in respect of the said annuity of forty pounds, the same or the like powers of distress and entry upon, and perception of, the rents and profits of the said hereditaments for recovering and inforcing payment thereof, as I have hereinbefore given to my said wife and her assigns in respect of the said annuity of Eighty pounds.

And I declare that the said annuity of forty pounds shall be held upon trust, for the sole and separate use and benefit of the said Sarah Crickmore, exclusive of any husband whom she may intermarry, and so that the same may not be subject or liable to his debts or control, and so that the said Sarah Crickmore may not assign incumber or in any manner anticipate the growing payments thereof , And that her receipts may from time to time, notwithstanding any future coverture, be sufficient discharges for the same.

And I declare that the legacy duty payable in respect of the said three annuities and all incidental expences shall be discharged out of my personal estate.

And subject and charged as aforesaid,  I subject and charge All and singular the hereditaments hereinbefore mentioned with the payment, at the expiration of three Calendar months next after the decease of my said wife, of the sum of five hundred pounds sterling to each of my two sons, Robert Crickmore and Charles Crickmore

Provided always that if the said Charles Crickmore shall die under the age of twenty one years, the said sum of five hundred pounds so given to him as aforesaid shall be divided between the said Robert Crickmore and my eldest son William Crickmore in equal shares, or if either of them shall die in the lifetime of the said Charles Crickmore, the whole of the said sum of five hundred pounds shall go and be paid to the survivor of them.

And subject and charged as aforesaid, I subject and charge All and singular the hereditaments herein before mentioned, with the payment, at the expiration of three calendar months next after the decease of the said Mary Durrant, unto the said John William Wells and William Barnard, their executors, administrators or assigns, of the sum of One thousand five hundred pounds sterling.

And I declare that the said sum of One thousand five hundred pounds shall be held upon such trust or trusts for the benefit of all or any one or more of the children or other issue of the said Mary Durrant such other issue to be born in her lifetime as the said Mary Durrant by her last Will, nothwithstanding her coverture, shall appoint.

And in default of such appointment in trust for the child if only one, or the children equally if more than one, of the said Mary Durrant; but on the death of each child, who being a son shall die under the age of twenty one years or being a daughter, shall die under that age without having been married, as well the share originally given as the shares originally accruing under this cross executory trust to such child, shall accrue to the other children equally, or to the other child if only one, but no child, in whose favor an appointment shall be made under the power last aforesaid, shall participate in the unappointed fund, without bringing the appointed interest into hotchpot.

And if no child of the said Mary Durrant, being a Son, shall attain the age of twenty one years, or being a daughter shall attain that age, or marry, then subject to any interest in the said sum of One thousand five hundred pounds which the said Mary Durrant may appoint to her husband under the power next hereinafter contained, I declare that the said sum of One thousand five hundred pounds shall be divided equally between such of my said three sons, William, Robert and Charles as shall be living at the time of such failure of children of the said Mary Durrant,, and the issue (if any) of him or them as shall be then dead the issue of him or them who shall be dead, to take however only the share or shares which he, her or their father, would have taken, if living, in equal shares if more than one.

And if there shall be but one such Son, the whole to go and to be paid to such only Son, his executors, administrators or assigns.

And I hereby empower the said Mary Durrant, by her Will, to appoint to, or in favor of her present, or any future, husband who may survive for the whole or any part of the yearly income of the said sum of One thousand five hundred pounds for the life of each husband or for any interest determinable on or before the death

And from and immediately after the decease of my said daughter Sarah Crickmore I further subject and charge, All and singular the hereinbefore mentioned, with the payment at the expiration of three calendar months next after the decease of the said Sarah Crickmore, I further subject and charge, All and singular, the hereinbefore mentioned with the payment at the expiration of three calendar months next after the decease of the said Sarah Crickmore unto the said John William Wells and William Barnard , their executors, administrators or assigns, of the sum of one thousand pounds.

And I declare that the said sum of One thousand pounds shall be held upon such trusts, and with such powers in favor of the surviving husband, if any of the said Sarah Crickmore and her child or children and with such gift or bequest over in the event of the failure of the children of the said Sarah Crickmore as shall correspond with the trusts, powers, gifts and limitations hereinbefore declared and contained, concerning the said sum of One thousand five hundred pounds.

And I declare that the said several sums of five hundred pounds, five hundred pounds, One thousand five hundred pounds, and One thousand pounds shall carry interest at the rate of five pounds per Cent per Annum from the respective days on which the same shall become payable.

And for the better securing the payment of the said sums of five hundred pounds, five hundred pounds, One thousand five hundred pounds, and One thousand pounds, I give and devise All such part and parts, and so much as is, or are, freehold of, and in All and singular the hereditaments hereinbefore mentioned (subject and charged with the said Annuities of eighty pounds, Sixty pounds and forty pounds, and without prejudice to the powers herein before given for recovering payment thereof respectively) unto the said John William Wells and William Barnard, their executors, administrators and assigns, for the term of One thousand years, to be computed from my decease, without impeachment of waste, Upon trust out of the rents and profits of the said hereditaments, or any part thereof, to raise and satisfy the said several sums of five hundred pounds, five hundred pounds, One thousand five hundred pounds and One thousand pounds, when and as the same shall respectively become payable together with interest thereon at the rate aforesaid with all incidental costs and expences.

And I declare that the said annuities of Eighty pounds, Sixty pounds, and forty pounds shall have priority in charge over the said sums of five hundred pounds, five hundred pounds, One thousand five hundred pounds, and One thousand pounds.

And subject and charged as aforesaid I give devise and appoint All and singular the said hereditaments hereinbefore mentioned unto my said Son William Crickmore, his heirs and assigns, for ever, for his own use and benefit.

Provided always, and I hereby declare that it shall be lawful for my said Son William Crickmore, his heirs and assigns, at any time during the life time of the said Mary Durrant to pay unto the trustees, or trustee, for the time being of this my Will, the sum of One thousand five hundred pounds in full satisfaction and discharge of the said sum of One thousand five hundred pounds, and also of the said annuity of sixty pounds respectively charged upon the said hereditaments as aforesaid.

And I declare that the said trustees, or trustee, shall invest the said sum of One thousand five hundred pounds in the Public or Government Stocks or funds of Great Britain, or on real securities in England, with power from time to time to vary such securities for others of a like nature, And do and shall stand possessed of the dividends, interest and annual income of the said trust Stocks, funds and securities, during the lifetime of the said Mary Durrant upon the same or the like trusts as are hereinbefore declared, or contained, concerning the said annuity of sixty pounds, Such dividends interest and annual income to be in lieu and satisfaction of the same annuity.

And do and shall stand possessed of the said principal Stocks, funds and securities, from and immediately after the decease of the said Mary Durrant upon the same, or the like, trusts, and with the same, or the like, powers in favor of the surviving husband, if any of the said Mary Durrant and her child, or children, and with the same, or the like, gifts or bequests over in the events of the failure of the children of the said Mary Durrant as are hereinbefore declared and contained, concerning the said sum of One thousand five hundred pounds so charged upon the said hereditaments as aforesaid And Provided also

And I hereby further declare that it shall be lawful for the said William Crickmore, his heirs or assigns, at any time during the lifetime of the said Sarah Crickmore to pay unto the said trustees, or trustee, the sum of One thousand pounds in full satisfaction and discharge of the said sum of One thousand pounds, and also of the said Annuity of forty pounds respectively charged upon the said hereditaments as aforesaid.

And I declare that the said trustees or trustee shall invest the said sum of One thousand pounds in the Public Stocks or funds of Great Britain, or on real Securities in England, with power from time to time to vary such Securities for others of a like nature,  And do and shall stand possessed of the dividends, interest and annual income of the said trust Stocks, funds and securities, during the lifetime of the said Sarah Crickmore upon the same or the like trusts as are hereinbefore declared, or contained, concerning the said Annuity of forty pounds; such dividends interest and income to be in lieu of the same annuity, And do and shall stand possessed of the said principal Stocks, funds and securities, from and immediately after the decease of the said Sarah Crickmore upon the same, or the like, trusts and with the same, or the like, powers in favor of the surviving husband, if any, of the said Sarah Crickmore and her child, or children, and with the same, or the like, gift or bequest over in the event of the failure of the children of the said Sarah Crickmore as are hereinbefore declared and contained, or referred to, concerning the said sum of One thousand pounds so charged upon the said hereditaments as aforesaid

And I do hereby declare that the receipts in writing of the said trustees, or trustee, for the said sums of One thousand five hundred pounds and One thousand pounds, shall fully and effectually release and discharge the said hereditaments, and the person or persons paying the same of and from, the said sums of One thousand five hundred pounds and One thousand pounds and of and from the said Annuities of Sixty pounds and forty pounds so respectively charged upon the said hereditaments as aforesaid.

  I direct all my just debts and my funeral and testamentary expences to be paid out of my personal estate

I give to my said wife the sum of One hundred pounds, And I empower my said wife to take such articles of my household furniture and effects as she may think fit, not exceeding in value the sum of One hundred pounds, (such value to be ascertained in the usual manner), in the whole, or in part, discharge of the said legacy or sum of One hundred pounds.

I give to each of my said Sons Robert Crickmore and Charles Crickmore the sum of two thousand pounds in addition to the benefits hereinbefore given to them respectively.

And I give to my said daughter Sarah Crickmore the sum of One thousand pounds

And I direct the said legacies to be paid free from legacy duty at the end of three calendar months next after my decease  And I declare that such legacies shall carry interest at the rate of four pounds per Cent per Annum from the time the same shall become payable

And I direct and declare that if the said Charles Crickmore shall be under the age of twenty one years at the time of my decease, my said Trustees and Executors shall invest the said two sums of five hundred pounds and two thousand pounds, so given to  him as aforesaid in the Public or Government Stocks or funds of Great Britain or on real securities in England, during the minority of the said Charles Crickmore, with power to vary and change such Stocks, funds or securities for others of a like nature, and do and shall pay and apply the dividends, interest and annual produce thereof, in and towards the maintenance and education of the said Charles Crickmore during his minority.

And, subject to the payment of my said debts and funeral and testamentary expences, and the said legacies and legacy duty, I give and bequeath All my personal estate and effects whatsoever and wheresoever unto my said Son William Crickmore, his executors, administrators and assigns, for his own use and benefit.

I give and devise All that, and these my messuage, farm lands and hereditaments, late belonging to my brother William Crickmore, deceased, situate in Seething aforesaid, unto the said John William Wells and William Barnard, their executors, administrators and assigns, for the term of five hundred years, to be computed from the day of my decease, Upon trust, in case my personal estate shall be insufficient to satisfy my debts, funeral and testamentary expences, legacy duty, and the pecuniary legacies of One hundred, two thousand pounds, two thousand pounds, and one thousand pounds, hereinbefore bequeathed, then out of the rents and profits of the hereditaments comprised in the said term, or by mortgage or Sale of the same premises, or any part thereof, or by any other means to raise, in aid of my personal estate, so much money as shall be sufficient to satisfy the same debts, expences, legacy duty, and legacies, and to apply the money so raised accordingly.

And I declare that when the trusts of the said terms of One thousand years and five hundred years respectively shall be satisfied, or become unnecessary, the same terms shall respectively cease.

And, subject and charged as aforesaid, I give and devise, and by virtue of every power in anywise enabling me in that behalf, appoint All and singular the hereditaments lastly hereinbefore mentioned,  And all and singular other my real estate whatsoever and wheresoever, not hereinbefore disposed of, unto my said Son William Crickmore, his heirs and assigns for ever, for his own use.

And I direct and declare that all and every person, and persons, who shall pay any sum, or sums of money, or transfer any Stocks, funds or securities to the trustee or trustees for the time being of this my Will, shall be wholly and absolutely exempt from all responsibility in respect of the application thereof, And from all necessity to inquire whether such sum or sums are payable, or ought to be raised, under the trusts hereinbefore contained.

And I give and devise unto the said John William Wells and William Barnard, and their heirs, All the freehold and copyhold estates vested in me as a trustee or Mortgagee, subject to the equities, and upon, and for ,the trusts affecting the same states respectively.

And I declare that in case the said John William Wells and William Barnard, or either of them, or any other trustee for the time being of this my Will, shall die in my lifetime, or shall at my decease renounce the trusts thereof, or be incapable of acting therein, or in case such trustees shall at any time after my decease die, or decline, or become incapable to act in the aforesaid trusts before the same shall be fully performed, or shall become Bankrupt, or take the benefit of any Act for the relief of Insolvent debtors, then, and as often as the same shall happen, it shall be lawful for the surviving or continuing trustee for the time being, or if there be no such trustee, then for the executors or administrators of the last deceased trustee to nominate a new trustee, or new trustees, to supply such vacancy or vacancies.

And that when, and as often as any new trustee or trustees shall be nominated in manner aforesaid, All the trust premises shall thereupon be assigned and transferred, so that the same shall be legally vested in the new trustee jointly with the continuing trustee, or in case there shall be no continuing trustee, then in new trustees, only upon the trusts, and for the intents and purposes hereinbefore declared concerning the same. And every such new trustee shall and may in all respects act in the execution of the trusts to which he shall be nominated as fully and effectually and with all such powers and authorities as if he had been originally by me appointed.

And I hereby appoint the said John William Wells and William Barnard Executors of this my Will, And I give to each of my said Executors twenty five guineas (free of legacy duty) as an acknowledgement for the trouble of executing my Will

And I hereby direct and declare that my said Executors and Trustees for the time being 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 or conformity. And that they, or any of them, shall not be answerable or accountable for any involuntary loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto. And that it shall be lawful for them, or any of them, 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 witness whereof I the said Robert Crickmore the Testator have to this my last Will and Testament contained on ten sheets of papers, set my hand this twenty second day of June One thousand eight hundred and fifty

Robert Crickmore

Signed, Published and Declared by the said Robert Crickmore, the testator, as and for his last Will and Testament, in the presence of us, who in his presence, at his request, and in the presence of each other (all present at the same time), here hereunto subscribed our names as witnesses thereto
Edwd Freestone Sol Norwich
Geo C Kerry Clerk to Mr F

Whereas in and by my Will, bearing the date the twenty second day of June One thousand eight hundred and fifty, I have given to each of my Sons, Robert Crickmore and Charles Crickmore, the sum of two thousand pounds in addition to certain other benefits mentioned in my said Will, And whereas, since the making of my said Will, I have advanced and given to my said Son Robert Crickmore the sum of One thousand and five hundred pounds, Now therefore I do hereby revoke the legacy of two thousand pounds given and bequeathed to him as aforesaid, and in lieu thereof I give and bequeath to him the sum of Five hundred pounds only, in addition to the other benefits given to him by my said Will as aforesaid.  In all other respects I confirm my said Will and declare this to be a Codicil thereto, Dated this twenty fifth day of October One thousand eight hundred and fifty six

Robert Crickmore

Signed, Published and declared, by the said Robert Crickmore the testator, as and for a Codicil to his last Will and Testament, in the presence of us, who in his presence, at his request, and in the presence of each other (all present at the same time) have hereunto subscribed our names as Witnesses thereto
Edwd Freestone Sol Norwich
Richd Ladell Clerk to Mr F

Certified to be a correct copy

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