John Pacey 1838

This is the last Will and Testament of me John Pacey of Castlethorpe in the County of Bucks Yeoman being of sound and disposing mind Memory and understanding First I will order and direct that all my just debts funeral and testamentary expences shall be fully paid and satisfied I give devise and bequeath unto Joseph Bull of Castlethorpe aforesaid Gentleman and George Heady of Cosgrove in the County of Northampton Victualler All and every My Messuages Cottages or Tenements lands hereditaments and real Estate situate standing lying and being in Castlethorpe aforesaid or elsewhere for to which I am seised or entitled in possession reversion remainder or expectancy And also all and singular My household goods and furniture plate linen and china Monies Securities for Money personal Estate and Effects whatsoever and wheresoever and of what kind or sort soever To hold the same Estates respectively according to their respective Natures and Qualities unto the said Joseph Bull and George Heady their Heir Executors and Administrators Upon the Trusts and to and for the Ends intents and purposes following that is to say Upon Trust to stand possessed of and intrusted therein respectively And to convert into Money each part or parts of my said personal Estate as shall not consist of ready Money or Securities for Money and thereout to pay all my just debts and funeral and testamentary Expences and to invest the residue of the Monies arising from my said personal Estate in the Government Stocks or Funds of Great Britain or on real Security or Securities in England at Interest in the Names or Name of them the said Joseph Bull and George Heady or the Survivor of them his Executors or Administrators with power to alter vary and transpose the Stocks Funds and Securities in or upon which any part of my said personal Estate shall from Time to Time be invested for others of the like nature when and as they or he shall deem expedient and to pay and apply the Interest Dividends and proceeds thereof together with the rents issues and yearly profits of my said real Estate as and when the same shall be respectively received unto my dear Wife Ann Pacey her Appointees or assigns for and during the Term of her natural life And from and immediately after her decease Upon Trust that they the said Joseph Bull and George Heady or the Survivor of them or the Heirs of such Survivor do and shall sell and absolutely dispose of my said real Estate either together or in parcels and either by public Auction or private Contract with power to buy in the same or any part thereof at any such Auction or Auctions And afterwards to sell the same by Public Auction or private Contract for the best price or prices that can or may be reasonably had or obtained for the Same And for facilitating such Sale or Sales I do hereby direct and declare that the receipt or receipts of them the said Joseph Bull and George Heady or the Survivor of them or the Heirs of such Survivor shall be a good and sufficient discharge to the purchaser or purchasers of my said real Estate for so much Money as shall be therein expressed or acknowledged to be received And that such Purchaser or purchasers respectively or his or her or their heirs Executors Administrators or assigns shall not afterwards be liable to see to the application or answerable or accountable for any loss Misapplication or nonapplication thereof or of any part there of And as to the Purchase Monies to arise from or by such Sale as aforesaid of my said real Estate and as to all and singular the Stocks Funds and Securities whereon my said personal Estate or any part thereof may then be invested Upon Trust to divide the same into three equal parts or shares and to pay and apply the same in Manner next hereinafter Mentioned (that is to say) One equal third part or share thereof to my Son William Pacey of Castle Thorpe aforesaid Victualler to and for his own absolute Use and benefit to whom I give and bequeath the same accordingly one other equal third part or share thereof to my daughter Elizabeth the Wife of Thomas Humley of Sherrington in the said County of Bucks Yeoman to and for her own use and benefit absolutely To whom I give and bequeath the same accordingly And the remaining equal third part or share thereof to my four Grandchildren the children of my daughter Jane now deceased late the Wife of Joseph Hutchings of Hanslope in the said County of Bucks Maltster as and when they shall respectively attain their Ages of twenty one years And in case they or any or either of them shall not have attained that age upon the decease of my said Wife Then I direct my said Trustees or Trustee to continue possessed of and interested in their his or her Shares or Share (as the Case May happen) and to invest the same in Manner aforesaid and to pay and apply the Interest dividends and proceeds thereof respectively for and towards their his or her Minority And in Case any of such Children shall die under the age of twenty one years and without leaving Issue them surviving Then I direct that the Share as well original as accruing of such Child so dying as aforesaid shall go to and be divided amongst the surviving children in equal shares and payable at the same Time with their original shares but in Case any such Child so dying under the Age of twenty one years shall leave issue him or her surviving Then I direct that his or her share as well original as accruing shall go to such only one absolutely Provided always And I do hereby declare that it shall be lawful for my said Trustees or Trustee for the Time being to retain to and reimburse themselves and himself and them and his Cotrustee and Cotrustees out of the said Trust Monies all Costs Charges and expences which he or they shall or May ..in sustain expend or be put unto in or about the Execution of the Trusts hereby in them reposed And that they my said Trustees or Trustee shall not be answerable or accountable for any more Money than they shall respectively actually receive actually receive nor for any loss which may happen to the same unless such loss shall happen by or through their or his wilful neglect or default nor the one for the other of them but each for himself and his own acts deeds receipts neglects and defaults only notwithstanding their joining in any Act or receipt for the sake of Conformity And lastly I do hereby nominate Constitute and appoint the said Joseph Bull and George Heady Executors of this My Will In testimony whereof I the said John Pacey the Testator have to the first two sheets of this my last Will and Testament contained in three sheets of Paper set my hand and to this last sheet thereof my hand and Seal this thirteenth day of September in the year of our Lord one thousand eight hundred and thirty six

The Mark X of John Pacey

Signed Sealed published and declared by the said John Pacey the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses -

John Parrott junr - George B. Day - Clerks to Mr. E. A. Worley Solr. Stony Stratford – Sarah Buckingham – Servant to Mr. Worley

Proved the 26th day of May 1838 before The Reverend Charles Kipling Clerk Surrogate by the oath of Joseph Bull and George Heady the joint Executors to whom Administration was Committed they being first sworn duly to administer