Of the Green Family from Harpole, Northamptonshire their Ancestors and Relatives

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Tuesday, 21 November 2017 06:15 AM GMT

Charles Abbott of Market Harborough - his Will - 1847

 Charles Abbott was the first husband of Elizabeth Ann Green, the sister of my g grandfather. He died, when they had only been married four years and she was only twenty five. Eleven years later she married Richard Lawrence, her late husband's apprentice.

Elizabeth Ann's Mother Frances wrote in December 1847 "my Daughter as had a great trial in the loss of her Husband but she as been Wonderfully suported and as many kind Friends she goes on with her Business at the Present and she says that she is much more Comfortable than she should be with out it and I wish her to do as she likes for I am happy to say that she acts very Privately? and looks up to him that as Promised to be the Husband of the Widow thay was married only 3 year". So it appears she had decided to marry Richard Lawrence very soon after her first husband's death. Maybe the terms of the will caused her to delay her second marriage.

 

This is the last Will and Testament
of me Charles Abbott of Market Harborough in the County of Leicester Book
seller and hosier made this nineteenth day of January in the year of our Lord
one thousand eight hundred and forty seven and whereof I appoint my Wife Elizabeth
Anne Abbott my Brother Thomas Abbott and my brother in law William
Holloway Executors with power to adjust compound and settle by compromise
arbitration or otherwise all debts accounts and transactions unsettled between
any person or persons unpaid? at my decease I give and bequeath all the
household goods and furniture plate linen and china wearing apparel ale wines
spirits and household effects of or to which I am now or may be at my decease possesses
or entitled unto my said Wife her executors administrators and assigns for
her absolute use and benefit and as to all the real Estate (if any) whether in possession
reversion remainder or expectancy and all the stock in trade book and other
debts and other the Personal Estate and Effects whatsoever and wheresoever (except
sush part thereof as is hereinbefore bequeathed to my said Wife) of or to which
I am now or may be at me decease seized possessed or entitled (after payment of
my just debts funeral and testamentary expenses) unto my said Wife and the
said Thomas abbott and William Holloway their heirs executorsvadministrators and
assigns according to the nature of such Estates respectively upon and for the trusts
and purposes hereinafter mentioned that is to say upon trust that they my said
trustees or the trustees or trustee for the time being of this my Will do and shall in
the first place sell and absolutely dispose of all the said stock in trade unto my
said Wife if she shall be desirous of purchasing the same at a valuation to be
made by two indifferent and competent persons or their umpire in the usual way and stand
possessed of the monies arising therefrom (after payment of all incidental expenses)
upon the trusts and for the purposes hereinafter mentioned concerning the

same But in case my said Wife shall for the space of three calendar months after
such stock in trade shall have been offered to her by the trustees or trustee for the
time being refuse or neglect to purchase the same at such valuation as aforesaid
then and in such case upon trust that such trustees or trustee do and shall immediately
thereafter or at such other time or times as they or he shall deem most advantageous
sell and absolutely dispose of such stock in trade unto such person or persons
and at such price or prices and in such manner as such trustees or trustee
may in their or his discretion deem expedient and proper and stand possessed of the
monies arising therefrom (after payment of all incidental expenses) upon the trusts
and for the purposes hereinafter mentioned concerning the same and as to the residue
of the said personal Estate and Effects and as to the said real Estate if any upon trust
that the said trustees or trustee for the time being do and shall from and immediately
after my decease or at such other time or times as they or he shall in their
or his discretion deem most advantageous sell and absolutely dispose of and collect
and convert into money the same respectively together or in parcels and by public
auction or private contract for such price or prices and in such manner as such
trustees or trustee shall think reasonable and proper and buy in and afterwardds resell
the same respectively or any part thereof without incurring any responsibility
by reason of any such loss or diminution of price consequent thereon and stand possessed
of the monies arising from such last mentioned sale or sales and such collation
or conversion as aforesaid (after payment of all incidental expenses) upon the trusts
and for the purposes hereinafter mentioned concerning the same and my mind
and will is that the said trustees or trustee for the time being shall stand possessed
of all monies arising from all and every such sale or sales collection and conversion
as aforesaid (after payment of all incidental expenses and my just debts and funeral
and testamentary expenses) upon trust thereon in the first place to pay my
said Wife the sum of one thousand pounds sterling and which I hereby bequeath
to her for her own absolute use and benefit and as to the residue of such monies upon
trust that such trustees or trustee do and shall place out and investvsuch residue in
their or his names or name in or upon Government or real securities in England
and pay the dividends interest and annual produce thereof unto my said Wife and
her assigns for her life if she so long continue my widow but not otherwise and
from and immediately after her decease or marriage again which shall first happen
upon trust that such trustees or trustee do and shall stand possessed of such securities
and the principal money arising therefrom and all interest dividends and annual
produce thereof from the decease or marriage again of my said Wife upon
trust fior all the children both sons and daughters (per capita and not per stripes)
now born or hereafter to be born of my said brother Thomas Abbott and of my late
sister Elizabeth Holloway deceased the late Wife of the said William Holloway or
such of the said children as shall be living at my Wife's decease or marriage
again which shall first happen and the issue (if any such of them as shall be
then dead leaving issue such objects of trust if more than one to take equally and
as tenants in common but so that the issue may take through all the degrees and
equally among themselves the share or shares only which the parent or respective
parents of such issue would have taken if living and to be payable assignable or
transferrable to such object or objects of trust respectively being a male or males as
and when he or they respectively shall attain the age of twenty one years or
being a female or females as and when she or they respectively shall attain that
age or be married which shall first happen But if any such object or trust shall
die under the age of twenty one years without having beeen married then as to
the share or respective shares as well original as occuring under this cross? trust of
the object or objects of trust so dying in trust for the other or others of the objects of the
trust hereinbefore contained in favor of the said children and issue living at
my said Wife's decease or marriage again to take in manner provided by such
trust and I hereby declare that it shall be lawful for the said trustees or trustee
for the time being to invest the share or respective shares of the children or if one
respectively entitled under any of the trusts aforesaid during the minority of

males and minority and discoverture of females in or upon Government or real securities
in England and to apply the yearly income of such share or shares respectively
in or towards the maintenance and education or otherwise for the benefit of such children
or issue respectively and to apply in or towards the advancement or preferment in
the works? of each such child or issue so entitled as aforesaid the whole or any part as
such trustees shall deem expedient of the principal of the value of his or her share during
his or her minority provided always and I hereby further declare that every receipt given
by the said trustees or trustee for the time being shall be a good and sufficient
discharge to every purchaser and other person paying or delivering to such trustees or
trustee any of the trust monies or other trust property of this my Will or in whose
hands the same respectively may be place out on security or otherwise for the money
or property insuch receipt or receipts expressed or acknowledged to be received and that
such purchaser or other person shall not afterwards be obliged to see to or be answerable
or accountable for the application thereof provided also and I hereby further declare
that the said trustees or trustee for the time being shall have power to alter vary or
transpose all or any part of the trust securities of this my will for or into any other or
others of the nature hereinbefore specified at discretion provided also and I hereby further
declare that it shall be lawful for the said trustees or trustee for the time being or
the executors or administrators of any surviving trustee from time to time as often
as there may be occasion to appoint any person or persons to supply the place of any
present or future trustee or trustees of this my will who may die or become unwilling
or unable to act in the execution of the aforesaid trusts or powers or any of them before
the same shall be fully performed and that upon every such appointment the
trust Estates monies securities and premises hereinbefore mentioned shall be conveyed?
assigned and transferred so and in such manner as that they may vest jointly in
any new and old trustees or solely in the new trustees as occasion shall require and
the said new trustees shall be entitled to all such power and authorities as are here
by given to the trustees hereby appointed and I hereby further declare that the trustees
hereby appointed and to be appointed in manner aforesaid respectively and their respective
heirs executors or administrators shall in nowise be answwerable for the acts or
receipts of each other nor for any loss or damage which may happen in or about
the execution of the aforesaid trusts or powers or any of them without their own
wilful default respectively and that it shall be lawful for the said trustees respectively
and their respective heirs executors administrators and assigns to secure and retain
out of the money which shall come to their hands by virtue of this my will and
pay to and allow each other all costs charges and expenses which they may sustain
or be put unto in or about the execution of the aforesaid trusts or powers or any of
them I give and devise all Estates vested in me upon any trust or as mortgaged
fee unto and to the use of my said wife and the said Thomas Abbott and William
Holloway their heirs and assignes upon the trusts and subject to the equities affecting
the same and I do hereby revoke all Wills Codicils Testamentary papers and
writings by me heretofore made In witness whereof I the said Charles Abbott have
to this my last Will and Testament set my hand the day and year first aforesaid
Chas Abbott Signed by the said Charles Abbott the Testator as and for his last
Will and Testament in the presence of us present at the same time who in his
presence at his request and in the presence of each other hereunto subscribe our
names as witnesses - Jas Ley Douglass Soli Mt Harborough - Richard Lawrence
Apprentice to Mr C Abbott.

Proved at London 19th July 1847 before the Judge by the Oaths of Elizabeth
Ann (in the Will Elizabeth Anne) Abbott Widow the Relict Thomas Abbott
the brother and William Holloway the executors to whom Admon was granted
having been first sworn by Comon only to administer.

 

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