The Centre for Buckinghamshire Studies DAWe: 134/24 DAWf: 114/182

Thomas Nichols 1823

This is the last Will and Testament of me Thomas Nichols of Castlethorpe in the County of Buckingham Farmer being of sound mind and memory and understanding First I order direct that all my just debts funeral and testamentary expences shall be fully paid and satisfied And I give and devise unto my brother William Nichols and my friend Edward Augustine Worley of Stony Stratford in the said County of Bucks Gentleman and Robert Pittam of Furtho in the County of Northampton Farmer their heirs and assigns All that my Estate right and Interest whether in possession reversion remainder or expectancy of and in All that Messuage or Tenement and Lands situate at Castlethorpe aforesaid and Hanslope in the said County of Buckingham to which I am entitled under and by virtue of the Will of my Grandfather Thomas Nichols And also of and in All that Cottage or Tenement situate at Castlethorpe aforesaid in the occupation of Thomas Watson And also of and in All those my several Closes or Inclosed Grounds Cottage or Tenement with the Appurtenances which I purchased of Philip Hoddle Ward situate in the parish of Hanslope aforesaid and in the occupation of Thomas Gandern with their and every of their rights members and Appurtenances And also of and in All and every other Messuage Lands Tenements and Hereditaments whatsoever and wheresoever in the Kingdom of Great Britain To hold the same unto them the said William Nichols Edward Augustine Worley and Robert Pittam and their Heirs to the uses upon the trusts for the intents and purposes and under and subject to the powers provisos and declarations hereinafter expressed limited and declared of and concerning the same that is to say Upon trust that they the said William Nichols Edward Augustine Worley and Robert Pittam and the Survivors or Survivor of them and the heirs and assigns of such Survivor do and shall permit and suffer my Wife Margaret Nichols to receive and take the rents issues and profits of the same premises to and for her own use and benefit during the term of her natural life or so long as she shall continue my Widow and unmarried And from and immediately after the marriage or decease of my said Wife which shall first happen then Upon trust that they my said trustees the said the said William Nichols Edward Augustine Worley and Robert Pittam or the Survivors or Survivor of them or heirs or assigns of such survivor do and shall as soon as conveniently may be after such events happening sell and absolutely dispose of the same together or in parcels by public Auction or private Contract as to them or him shall seem expedient for the best price or prices in Money that can be reasonably had or obtained for the same respectively and respectively to Convey assign and assure the same accordingly And I will and declare that the receipt or receipts of my said Trustees or the Survivors or Survivor of them or the heirs or assigns of such Survivor for the Money for which the same shall be so respectively sold shall from time to time be sufficient discharge or sufficient discharges to the purchase or purchasers of the said several premises hereinbefore made Saleable by this my Will or any part or parts thereof for his her or their purchase Money or so much thereof as shall be therein acknowledged or expressed to have been received And that such purchaser or purchasers his or their heirs executors administrators or assigns or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase Money so received or any part or parts thereof And my Will further is that the Monies which shall arise by or from such Sale or sales as aforesaid shall be declared to be part of my personal Estate and that the clear Yearly rents and profits of the said hereditaments and premises (after either of the aforesaid events happening) in the mean time until the same shall be sold shall be declared to be part of my personal estate and that the same Monies and rents and profits shall be subject to the dispositions hereinafter made concerning my personal estate And I give and bequeath All and singular my Goods Household Furniture Plate Linen and China live and dead Stock Crop Hay Implements in Husbandry Monies Securities for Money Monies in the funds Canal Shares debts and all and singular other my personal estate and effects whatsoever and wheresoever or of what nature or kind soever the same may be unto the said William Nichols Edward Augustine Worley and Robert Pittam their Executors and Administrators Upon the trusts and for the intents and purposes and under and subject to the powers provisos declarations and agreements hereinafter expressed and declared of and concerning the same that is to say Upon trust that they my said Trustees or the Survivors or Survivor of them or the executors or administrators of such survivor do and shall sell and dispose of such part of my said personal estate as shall not consist of monies or debts and which shall not already be invested in real or Government Securities for the best price or prices that can be reasonably obtained for the same and shall and do collect such debts and my Will is and I direct that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such survivor do and shall thereout pay and discharge all my debts funeral and testamentary charges and expences and all other incidental expences attending the Sale or Sales as aforesaid and after payment thereof then Upon trust that they my said Trustees the said William Nichols Edward Augustine Worley and Robert Pittam or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall place out and invest the Monies arising by sale of my said Personal Estate (as also the Monies which shall arise by Sale of my said real estate when and as the same shall be so converted into money) in or upon some of the Parliamentary Stocks or Funds or on real securities in England at interest and do and shall vary alter or transpose such Stocks funds or securities for others of the like nature when and so often as it shall seem expedient And as to the interest dividends and proceeds arising from such Stocks Funds or Securities upon which the produce of my said real and personal estates shall have been placed and invested Upon trust that they my said trustees or the Survivors or Survivor of them or the executors or administrators of such survivor do and shall pay and apply so much and such parts of the interest dividends and proceeds arising thereform as they in their discretion shall think necessary for the maintenance and education of my Children as shall be living at my decease or shall be born in due time after my decease during their respective minorities And when and as they shall severally and respectively attain his her or their Age or Ages of twenty one years then Upon trust that they my said trustees the said William Nichols Edward Augustine Worley and Robert Pittam or the Survivors or Survivor of them or the executors or administrators of such survivor do and shall pay or transfer all such principal monies arising from the Sale of my real and personal estate or that shall have been placed out and invested on the Stocks funds or securities as aforesaid unto such Children respectively at such time as aforesaid in equal shares and proportions to and for their own respective use and benefits absolutely to whom I give and bequeath the same accordingly And in case any or either of my said Children or the Child or Children who may be born in due time after my decease shall happen to depart this life leaving lawful issue him her or them surviving before they or either of them shall become entitled to the share or shares hereinbefore by me directed to be transferred as aforesaid then Upon trust that they my said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall transfer the said stocks funds and securities to such Child of the parent or parents respectively so dying if there shall be but one such Child upon his or her attaining the Age of twenty one years and if there shall be more than one such Child of the parent or parents respectively so dying as aforesaid then my Will is that the same Stocks Funds and Securities be equally divided between or among all and every such issue share and share alike and transferable upon his her or their attainment to his her or their Age or respective Ages of twenty one years and the interest dividends and proceeds in the mean time of such of them as shall not have attained the Age of twenty one years to be paid and applied in the manner as I have hereinbefore directed the application of the dividends to my said Children as aforesaid during their respective Minorities And in case any or either of my said Children shall depart this life without leaving lawful issue her or them surviving then I direct my said trustees the said William Nichols Edward Augustine Worley and Robert Pittam or the Survivors or Survivor of them or the executors or administrators of such survivor to transfer or assign the part or share parts or shares of her or them so dying without issue as aforesaid unto the Survivors or Survivor of them and the lawful issue of such Child or Children who shall have died leaving lawful issue such issue taking the part or share only as her or their parent or parents would have been entitled to if living under this my Will And in case all and every my said Children shall depart this life without leaving lawful issue then and in such case I do give devise and bequeath all and every my said real and personal Estate and Estates unto my brother the said William Nichols his heirs executors administrators and Assigns And my Will further is that my said trustees or any or either of them or their respective heirs executors administrators or assigns shall not be charged or chargeable with any more of the said trust Monies and premises than they respectively shall actually receive and that one of them shall not be answerable or accountable for the other of them but each one for his own acts receipts neglects or defaults only nor shall they or either of them be answerable or accountable for any Banker Broker or other person with whom any of the said trust monies may be deposited for safe custody or otherwise in the execution of the said trusts nor for the insufficiency or deficiency of any Stocks funds or securities in or upon which any of the said trust Monies may be invested in pursuance of and in conformity of this my Will or for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or otherwise in relation thereto unless the same shall happen by or through their own wilful defaults respectively And also that they my said trustees shall and may by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid retain to and reimburse himself and themselves and be allowed all costs charges and expences which they or either of them may respectively sustain or expend or be put unto in or about the execution of the trusts aforesaid or in any matter relating thereto And I do hereby nominate constitute and appoint my said Brother William Nichols and my friends Edward Augustine Worley and Robert Pittam joint Executors of this my Will and Guardians of the persons and estate of my said Children during their minority And lastly I do hereby revoke all former Wills and testamentary instruments by me at any time heretofore made and declare this only to be and contain my true last Will and Testament In Witness whereof I Thomas Nichols the Testator have in this my last Will and Testament contained in five sheets of paper set my hand and seal to each sheet thereof this twenty first day of March in the year of our Lord One thousand eight hundred and twenty three Thomas Nichols Signed sealed published and declared by the above named Thomas Nichols 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 have hereunto subscribed our names as Witnesses the words “Edward Augustine” and “Robert Pittam” being written on erasures throughout and first particularly observed Thos Worley Wm. Swannell Judith Nichols

Whereas I have in and by last Will and Testament given and bequeathed to my Wife Margaret Nichols the Rents and profits of my real Estate for her life or so long as she shall continue my Widow Now it is my Will and desire that in addition thereto she shall select and make choice of such part of my Household Goods and Furniture as she shall think fit to the Amount of One hundred pounds and which I hereby give and bequeath to her for her own use and benefit absolutely And also the Sum of One Hundred pounds to be paid and payable to her by my Executors in my said Will named as soon as conveniently may be after my decease and which I also give and bequeath to her accordingly And I do hereby declare that this shall be taken as a Codicil to my said Will In Witness whereof I have hereunto set my hand and Seal this fifth day of May One thousand eight hundred and twenty three Thos. Nichols Signed Sealed published and declared by the within named Thomas Nichols as 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 have hereunto subscribed our names as Witness Jos. Kitelee Mary Nichols

Proved 29th May 1823 before the Reverend Henry Quartley Clerk Surrogate by the Oaths of William Nichols the natural and lawful Brother and Edward Augustine Worley and Robert Pittam the joint Executors to whom Administration was committed they being first sworn duly to Administer