Will of Samuel Bull, victualler, 1839 (proved 1841)

National Archives PROB 11/1948/142

This is the last Will and Testament of me Samuel Bull of Winslow in the County of Bucks Victualler First I direct that all my just debts and funeral expences and the charges of proving this my Will may be paid with all convenient speed after my decease out of my personal estate and effects and in case such personal estate and effects shall be insufficient for that purpose out of my real estates hereinafter given and devised and I charge the real estates with the payment thereof accordingly and I give and devise unto my friends Samuel Cole of the parish of Winslow aforesaid Dairyman and Richard Baldwin of  Winslow aforesaid Baker all my copyhold and other messuages tenements hereditaments and real estate whatsoever and wheresoever with their respective rights members and appurtenances and all my estate right and interest therein to have and to hold the said messuages tenements hereditaments and premises with their appurtenances but charged as the same respectively do now stand charged unto the said Samuel Cole and Richard Baldwin and their heirs upon trust that they  the said Samuel Cole and Richard Baldwin or the survivor of them his heirs executors admors or assigns do and shall at such time as he or they shall think expedient and most for the benefit of the persons entitled under this my Will but with the consent in writing of my Wife Elizabeth Mary Bull if she shall be living and shall so long continue  my Widow absolutely sell and dispose of the said hereditaments real estate and premises with their appurtenances either by public auction or by private contract as they or he shall think fit for such price or prices as to them or him shall seem reasonable with liberty for them or him to buy in the same at any auction and resell the same at some future auction or by private contract without being answerable for any loss that may arise by reason of such resale  And I declare that the monies which shall arise from the sale of the said hereditaments and premises shall be held and applied upon the same trusts and in the same manner in every respect as hereinafter is mentioned with respect to the monies which shall arise from my personal estate and effects and I declare that in the meantime and until the said  hereditaments and premises shall be sold the rents and profits thereof shall be paid and applied to the same persons and in the same manner to and in which the interest dividends and annual produce \of the monies/

[p.2] to arise from the sale of the said hereditaments and premises would be payable and applicable by virtue of this my Will if the same hereditaments and premises were actually sold and the monies produced thereby were invested as hereinafter is mentioned and whereas I am desirous that my present business or trade of a Victualler may at the option of my said Wife Elizabeth Mary Bull be carried on after my decease during her Widowhood for the benefit of herself and my family  Now therefore I give and bequeath the said business and all my interest therein and all my stock utensils implements and effects now or hereafter to be employed therein for carrying on the said business  and all sum and sums of money and debts which shall be due to me at the time of my decease in respect of the said business with their appurtenances unto the said Samuel Cole and Richard Baldwin their executors admors or assigns upon trust that they . . . do and shall if my said Wife shall be desirous so to do permit and suffer her . . . during her life or such part thereof she shall continue my Widow but under and subject to the direction of the said Samuel Cole and Richard Baldwin . . . to carry on manage and conduct the said business and I hereby authorize and empower my said Wife if she shall so think fit during such time as she shall continue my Widow to carry on and I direct that she shall have the management of the said business and shall in all things carry on and conduct the same according to the best of her judgment but \under and/ subject to such direction and control as aforesaid as I might or could have done if I were living and acting therein and that it shall be lawful for the said Samuel Cole and Richard Baldwin . . . to discontinue the said business with the consent of my said Wife during her Widowhood if it shall seem most advantageous for the persons interested in the same under this my Will and as to the clear gains and profits arising from the said business I direct that the said Samuel Cole and Richard Baldwin . . .  do and shall stand possessed thereof upon trust to apply the same from time to time to and for the same person or person purpose or purposes as are hereinafter declared respecting the residue of my personal estate and I hereby give and bequeath unto the said Samuel Cole and Richard Baldwin . . . all the Rest and Residue of my estate and effects and direct that they shall stand and be possessed of and interested in the same estate and effects and also of and in my said business and the stock utensils . . . belonging or relating thereto from and after the decease of my said Wife or at the time of her marrying again or the time of her wishing to discontinue business as aforesaid upon trust that they the said Samuel Cole and Richard Baldwin . . . do and shall as soon as conveniently may be sell dispose and convert into money so much thereof as shall not consist of money and shall be in nature saleable and collect get in and receive the residue thereof and do and shall stand and be possessed of and interested in the monies to arise therefrom upon trust that they the said Samuel Cole and Richard Baldwin . . . do and shall as soon as conveniently may be after my decease by and out of the same pay and satisfy all the debts which I shall justly owe at the time of my decease my funeral expences and the costs and charges of proving and

[p.3] establishing this my Will and carrying the same to execution and do and shall lay out and invest the residue of the said monies in their or his own names or name in the parliamentary stocks or public funds of Great Britain or at interest on Government or real securities in England and from time to time alter vary and transfer the said trust monies for or into other stocks funds and  securities of the like nature when and as often as they or he shall think fit and stand and be possessed and interested in the said trust monies stocks funds . . . and the interest dividends and annual produce thereof upon trust to pay the interest dividends. . . of the said trust monies . . . unto and permit the same to be received by my said Wife during her life (if she shall so long continue my Widow but not otherwise) and also such proportionate part thereof as shall accrue and become due between the time of the said investment or last payment and her decease or marrying again she to apply the same in supporting maintaining and educating all and every my child and children who shall be living at the time of my decease or be born in due time thereafter and from and after the decease of my said Wife or the time of her marrying again which shall first happen upon trust for all and every my present and future \born/ children and child or such of them as shall attain the age of twenty one years or die under that age leaving issue of his her or their body or respective bodies and their respective executors admors or assigns for their absolute use and benefit in equal shares as tenants in common provided always and I do hereby declare that after the decease of my said Wife or the time of her marrying again which shall first happen and during such time as my said children or any of them or any issue of any of them who may have died shall be under the age of twenty one years the said trustees or trustee for the time being shall appropriate the interests and dividends of the share to which such child children or issue respectively shall be for the time being entitled under the trusts and provisions hereinbefore declared and contained for or towards his her or their maintenance and education or otherwise for his her or their benefit and I appoint the said Samuel Cole and Richard Baldwin Executors of this my Will and I appoint Samuel Cole and Richard Baldwin and the survivor of them jointly with my said Wife Elizabeth Mary Bull during her Widowhood guardian and guardians of the persons and estates of my child or children during his her or their minority or respective minorities and I do hereby declare that the receipt or receipts of the said Samuel Cole and Richard Baldwin . . . for any sum of money payable to them or him under or by virtue \of the trusts/ of this my Will shall be a sufficient and effectual discharge . . . for the same or so much thereof respectively as in such receipt . . . shall be expressed or acknowledged to be received and that the person or persons to whom the same shall be given his her or their executors admors and assigns shall not afterwards be answerable for any losses misapplication or nonapplication or be obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received or any part thereof provided always and I do hereby further declare that the trustees of this my Will and each of them and each of their heirs . . . shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or joining in giving any receipt or receipts for the sake of conformity and I direct that none of them shall be answerable or accountable for any banker or broker with whom

[p.4] the said trust monies and promises shall be placed for safe custody or for any default or neglect of the other or others of them or for involuntary losses and also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and reimburse themselves and also to allow their respective  cotrustees or cotrustee all costs charges damages expences and fees to Counsel for advice which they or any of them shall or may sustain expend or disburse in or about the execution of the aforesaid trusts or in relation thereto In Witness whereof I the said Samuel Bull the testator have to every sheet of this my last Will and Testament contained on four sheets of paper set my hand this sixteenth day of May in the year of our Lord one thousand eight hundred and thirty nine

Samuel Bull [signature]

Signed by the direction of the said Samuel Bull testator and in his presence and the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our Names as Witness thereto
Dav Tho Willis Jno Cowley William Lee Grace [signatures]

Proved at London 6th July 1841 before the Judge by the Oaths of Samuel Cole and Richard Baldwin the Executors to whom Adm(inistrati)on was granted having been first sworn by Com(issi)on duly to administer


Notes

Samuel Bull died in the second quarter for 1839, aged 38. We don't know if he was related to any of the other Bulls in Winslow. He married Elizabeth Mary Sandall at Buckingham in 1825. He kept the Royal Oak from the late 1820s. His widow carried on the business until she sold up in 1859 (she died in 1866). They had at least 8 children, some of whom must have died young.

 

Copyright 29 March, 2018