Will of Joseph Bowden of Shipton, farmer, 1865 (proved 1867)

Oxford Probate Registry

ON the Thirtieth day of April 1867 the Will of Joseph Bowden late of Shipton in the parish of Winslow in the County of Buckingham, Farmer, deceased, who died on the Twenty third day of March 1867 at Shipton aforesaid, was proved in the District Registry attached to Her Majesty’s Court of Probate at Oxford by the Oaths of Thomas Bowden of No. 27 George Street, Blackfriars’ Road in the County of Surrey, Joiner, the Son of the Deceased, John Flint of Victoria Street, Dunstable in the County of Bedford, Corn Dealer, and James King of Winslow aforesaid, Auctioneer and Land Agent, the Executors therein named they having been first sworn duly to administer.

It is hereby certified the above is a correct Copy. Dated this Ninth day of May 1867.
Effects under £600. No Leaseholds.
Extracted by Willis and Willis, Solicitors, Winslow, Bucks

Gravestone of Joseph BowdenThis is the last Will and Testament of me Joseph Bowden of Shipton in the Parish of Winslow in the County of Bucks, Farmer. I appoint my Son Thomas Bowden, my Son in Law, John Flint and my friend James King of Winslow aforesaid, Auctioneer and Land Agent, to be Executors and Trustees of my Will. I bequeath all my household goods and furniture, plate, linen, china. wearing apparel, books, picture, prints, wines, liquors, fuel and other consumable stores, unto my Wife Elizabeth absolutely. I devise unto my said Trustees all the real Estate of which I may be beneficially seized at the time of my death, Upon the trusts hereinafter mentioned, that is to say, Upon trust at any time or times during the lifetime of my said Wife Elizabeth, with her written consent, whether covert or sole, to sell and absolutely dispose of my Real Estate or any part thereof. And to pay apply and dispose of the monies to arise from such sale and disposition, after payment thereout of all charges and expenses of and attending such sale in augmentation of the monies to arise from my residuary personal Estate and Effects, and subject to the preceding trusts, to pay and apply the rents issues and profits of my Real Estate, to my said Wife Elizabeth or her assigns or permit and suffer her or them to receive the same during the term of her natural life. And upon further trust, as soon as conveniently may be after the decease of my said Wife, to sell such Estate or parts thereof as shall not have previously been disposed of by virtue of the power hereinbefore given for that purpose, either together or in parcels, and by public Auction or private Contract as they in their discretion shall think fit, for the most money and best price or prices that can be reasonably obtained for the same, and to pay and apply the net monies to arise by such sale in the same manner as is hereinafter directed with regard to the monies to arise from my Residuary personal Estate. I bequeath the residue of my personal estate to my said Trustees, Upon trust to convert and get in such parts thereof not constituted of moneys invested in stocks, funds or securities yielding income (other than personal securities) and at their discretion either to get in the monies invested as last aforesaid or permit the same to continue so invested, and invest the produce of the trust property so converted or gotten in, pursuant to the general direction for investment hereinafter contained. I direct that my said Trustees shall permit my said Wife and her assigns, to receive from my death the net annual income actually produced by my trust property however constituted or invested during the term of her natural life. And from and after her decease, I direct my said Trustees shall call in the monies to be invested as aforesaid, and by and out of the same, pay the following legacies, that is to say, to my Daughter Ann, the Wife of John Flint, the legacy or sum of One hundred pounds. I having advanced her the sum of One hundred pounds during my lifetime. To my Son Thomas, the legacy or sum of Five hundred pounds. To my Daughter Eliza the Wife of Harry Hill, the Legacy or sum of Two hundred pounds, to be paid into her proper hands for her own personal use and benefit, free from marital control, at such times and in such proportions as my Executors shall think fit, and for which her receipts alone shall be sufficient discharge. To my Daughter Jane, the Wife of William Willmore, the legacy or sum of Two hundred pounds. To my Grandson William, the Son of my Son William, the legacy or sum of two hundred pounds ; to my Granddaughter Elizabeth, daughter of my said Son William,  the legacy or sum of one hundred pounds, such last mentioned legacies to be paid to my respective Grandchildren if and when they shall attain the age of twenty two years, and to pay, share, and divide the residue of the same monies unto my four Children namely, Ann Flint, Thomas Bowden, Eliza Hill and Jane Willmore. In case either of my Children shall die having issue at his or her death I direct that the share of each Child so dying shall be paid to his or her Child if only one or divided equally between his or her Children, if more than one on their severally attaining the age of twenty one years, with benefit of survivorship among the Children of every such Child as to the share or shares of either or any of such Children dying under that age. Provided always that it shall be lawful for the said Trustees or trustee to apply in or towards the maintenance and education, or otherwise benefit of each Grandchild of mine entitled under the trusts aforesaid to a legacy or share not absolutely vested, the annual income of such legacy or share. Provided further that it shall be lawful for the said Trustees or trustee to apply in or towards the advancement in life or establishment in business of each Grandchild entitled as aforesaid, any part not exceeding one fourth part of the capital of his or her legacy or share. I direct that all investment of trust monies to be made by my said trustees, shall be made in their names in the Public Funds or on Government securities of the United Kingdom or on real securities in England or Wales, and not elsewhere. And I empower my said trustees to vary such investments at their discretion for any others of the kind prescribed. I devise all the Real Estate (if any) which shall at my decease be vested in me, as trustee or Mortgagee, to my said trustees, their heirs and assigns, subject to the trusts and equities affecting the same respectively. I declare that the receipts of my trustees or trustee for the time being of my Will, shall effectually exonerate all purchaser, Mortgagees and others, paying monies to such trustees . . . from all liability in respect of the application thereof. I empower my said Wife during her life, and after her decease, the trustees . . . to nominate in writing any person . . . to supply the place of any trustee . . .  of my Will who shall die, disclaim or become unwilling or unable to act when . . . a vacancy . . .  shall occur, and on every such appointment the necessary assurance shall be executed for vesting my trust estate in the new and old Trustees . . . And I absolve the trustees . . .of my Will from responsibility for the receipts and defaults of each other, and for involuntary losses, and also authorise such Trustees . . . to retain and allow to each other all expenses incurred in or about the execution of the trusts of my Will.  Lastly I revoke all other Wills. In Witness whereof I the said Joseph Bowden, the Testator have to every sheet of this my last Will and Testament contained on three sheets of paper, set my hand this Twenty seventh day of July in the year of our Lord One thousand eight hundred and sixty five Joseph Bowden [signature]  This sheet and the preceding two sheet of paper hereto annexed were severally signed, by the said Joseph Bowden, the Testator,  in the joint presence of us who at his request, in his presence, and the presence of each other have hereto subscribed our names as Witnesses Thos. Price Willis [signature] Attorney, Winslow Thos. R. Brown[signature] His Clerk

Proved at Oxford, the Thirtieth day of April 1867, by Oaths of Thomas Bowden, the Son, John Flint, and James King the Executors to whom Administration was granted.
The Testator Joseph Bowden was late of Shipton in the parish of Winslow in the County of Buckingham, Farmer, and died on the Twenty third day of March 1867 at Shipton aforesaid
Under £600.
Willis and Willis, Solicitors, Winslow, Bucks
It is hereby certified the foregoing is a correct Copy. Dated this Ninth day of May 1867.


Notes

Joseph Bowden was buried at Keach's Meeting House (see photo above). According to the 1861 Census he was a farmer of 23 acres, born in Shipton, living in Swanbourne Road next door to his son William, an agricultural labourer aged 30. James King sold the remaining stock of his farm: see advert. His widow Elizabeth died in 1881 aged 74 and was commemorated on the same gravestone but her part is no longer very legible.

1872, 3rd May, Bicester Herald
  AT THE COUNTY COURT AT BUCKINGHAM, on April 25, there were about forty cases entered, of which only the following came before J. B. Parry, Esq., Q.C., the Judge.  J. Jones, dealer, Winslow [the initial could be a mistake for S. = Silvanus], v. W. Willmore, innkeeper, Winslow.  Claim £12, for rent of land at Winslow,- Mr. Barnes, of Brackley, for plaintiff, and Mr. Small, of Buckingham, for defendant.- Mr. Jones said he purchased some property at Winslow, of which the defendant was tenant.  The conditions were for him to have the rent from Michaelmas to Lady Day.  The rest apportioned on his lot was £12 for Willmore to pay.  Defendant offered him this amount, and he refused it, because he had taken manure from the field.  Plaintiff asked him for payment, and he asked for time.- Cross-examined: Mr. King was present when the appointment was made, and he was executor of Mr. Bowden, and Mr. Bowden was the lessee of the property.  Willmore offered him £12 which he refused.- His Honour asked for the conveyance to plaintiff, but it was not forthcoming.- Mr. Small on that ground asked for a non-suit.- Mr. Jones said he had applied to defendant for the rent since; and he asked for time.- His honour said in that case there would be a non-suit, each party to pay his own costs.

Copyright 5 September, 2020