Samuel Dunkley of Rothersthorpe - His Will

Monday, 8 March 2010 04:51 PM GMT

Contributed by: Jerry Green

In his will Samuel seems more worried about protecting the trustees of his estate than his wife and children.

This is the last Will and Testament of me Samuel Dunkley of Thrup otherwise Rothersthorpe in the County of Northampton yeoman in manner and form following, that is to say, First I give devise and bequeath unto my Friends John Boswell of Upton in the said County of Northampton yeoman and John Manning of Kislingbury in the said County of Northampton yeoman their heirs and assigns all and every my freehold copyhold and leasehold Messuages Cottages Closes Meadows Lands Tenements Hereditaments and real estates whatsoever with their and every of their rights members and appurtanences to hold the same unto the said John Boswell and John Manning their heirs executors administrators and assigns Nevertheless upon and for the several trusts and to and for the several ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same, that is to say, Upon trust that they the said John Boswell and John Manning their heirs executors administrators and assigns do and shall as soon as conveeniently may be after my decease absolutely sell convey and dispose of all and every my said Messuages, Cottages Closes Meadows Lands Tenements Hereditaments and real Estates and all my estate right title term and interest therein either together or in two or more lots or parcels and by public auction or by private contract as they shall think fit for the best price or prices and most money which can or may be reasonably procured or obtained for the same and by and out of the monies arising from and by the Sale or Sales of the said premises in such manner as is hereinafter directed concerning the same also I give and bequeath to the said John Boswell and John manning their executors administrators and assigns all and singular my Household Goods and Implements of Household Plate Linen China Implements Utensils in Husbandry Horses Cows Sheep and Cattle of all kinds Monies and Securities for money chattels and credits and all and singular other my personal Estate and Effects whatsoever and wheresoever and of every nature sort or kind soever To hold the same unto the said John Boswell and John Manning their executors administrators and assigns Nevertheless upon and for the several trusts and to and for the several ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say Upon trust that they the said John Boswell and john Manning their executors administrators and assigns do and shall as soon as conveniently may be after my decease absolutely sell dispose of and convert into money all such parts of my personal Estate which shall not consist of Money at the time of my decease and do and shall call in and receive all debts and monies due and owing to me from or by any person or persons whomsoever and by and with my ready money and the monies to arise from or by the sale or sales of my said real and personal estate and to be collected received and got in as aforesaid do and shall in the first place pay satisfy and discharge all my just debts and funeral expenses and the charges of proving this my will and also all the costs charges journies damages trouble and expenses which they my said Trustees or either of them their or either of their heirs executors administrators or assigns shall or may pay bear suffer incur sustain expend or be put unto in about or concerning the trusts hereby in them reposed or the management and execution thereof or otherwise relating thereunto and do and shall put and place all the then residue and surplus of the said trust monies out at interest upon good security or securities during the life of my dear wife Elizabeth Dunkley and do and shall pay the interest thereof to my said wife for her life and after her decease do and shall pay the principal money and all unapplied interest thereof unto and equally amongst all my eight children share and share alike or to their respective executors administrators or assigns and for the better facilitating the sale of my said real Estates I do hereby will and declare that the receipt or receipts of my said Trustees the said John Boswell and John Manning or the survivor of them or the heirs executors administrators assigns of such survivor given to the purchase or purchases of all or any part of my said real Estates shall be a good and sufficient discharge and effectual discharges to such purchaser or purchasers his her and their heirs executors administrators and assigns for such purchase money or for so much thereof as in and by such receipt or receipts shall be acknowledged or expressed to be received and from and after such receipt or receipts shall be given such purchaser or purchasers his her or their heirs executors administrators or assigns shall not be obliged or necessitated to see to the application of such purchase money nor be in any way answerable or accountable for any loss misapplication or nonapplication of the said purchase money or any part thereof by my said Trustees or either of them their or either of their heirs executors administrators or assigns and my will and meaning further is that my said Trustees the said John Boswell and John Manning shall not be answerable or accountable the one of them for the either of them nor with or for the act deed receipt neglect or default of the other of them but each of them for himself only and for his own heirs executors administrators and assigns acts deeds receipts neglects and defaults neither shall they or either of them their or either of their heirs executors administrators or assigns be answerable or accountable for any more monies than what he or they shall severally actually receive nor with or for any loss which may happen of the said trust monies or any part thereof unless such loss shall happen or be occasioned by or through his or their own wilful neglect default or mismanagement and I do hereby further will and declare that it shall and may be lawful to and for my said Trusdtees and each of them their and each of their executors administrators and assigns by and out of the monies which shall come to their hands by virtue of this my will in the first place to decuct retain to and reimburse himself and themselves respectively all loss costs charges journies damages trouble and expenses which they my said Trustees or either of them their or either of their heirs executors administrators or assigns or either of them shall or may from time to time pay bear suffer incur sustain expend or be put unto in about or concerning the execution of this my will and the trusts hereby in them reposed and I do hereby nominate and appoint my said trustees the said John Boswell and John Manning joint Executors of this my last will and Testament Nevertheless upon the several trusts and to and for the several ends interests and purposes hereinbefore mentioned expressed and declared of and concerning the same and lastly I do hereby revoke disannul and make void all former and other will and wills by me at any time or times heretofore made and do declare and publish this and this alone to be and contain my true and whole last will and Testament In Witness whereof I the said Samuel Dunkley the Testator have to this my last will and Testament contained in and written on ___________________________ four - sheets of paper set my hand and seal in manner following (that is to say) my hand to this and the preceding sheets and my hand and seal to this fourth and last sheet thereof this twenty second day of May ___ in the year of our Lord One thousand eight hundred and twenty seven

Signed Sealed published and declared by
the above named Samuel Dunkley the
Testator as and for his last will and
Testament in the presence of us who
have hereunto at his request in his
presence and in the presence of each
other subscribed our names as witnesses
Samuel Dunkley
[   ]
C Lewis
W Treadgold

On the 28th December 1833 John Manning one of the Executors named in the within will was then sworn well and faithfully to perform the same and that the deceased at the time of his death  (which happened on the         day of                   1833) was not possesed of Goods Chattels and Credits to the value of six hundred Pounds
before me W Butler A M
Surrogate

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