Will of George Cross the Elder, maltster, 1842 (proved 1846)

National Archives PROB 11/2029/84

This is the last Will and Testament of me George Cross the elder of Winslow in the County of Bucks late  Blacksmith and now Maltster First I give and devise unto my son or reputed son George Cross the younger of Winslow aforesaid Draper All that and those my freehold messuage or tenement Blacksmiths shop and premises situate standing and being in Steeple Claydon in the said County of Bucks and also the plot or allotment of land set out by the commissioners for inclosing lands in the parish of Great Horwood in the said County of Bucks in lieu of my copyhold common rights in the said parish containing two roods and twenty seven perches or thereabouts with the respective rights members and appurtenances to the said respective hereditaments and premises belonging or in anywise appertaining To hold the same and every part thereof unto and to the use of the said George Cross the younger his heirs and assigns for ever also I give and devise unto the said George Cross the younger and my friends David Thomas Willis of Winslow aforesaid Gentleman and Thomas Burgess of the parish of Winslow aforesaid Farmer All and every my freehold copyhold and other messuages cottages closes lands hereditaments real estate and premises whatsoever situate standing lying and being in  the several parishes of Winslow aforesaid North Marston and Great Horwood in the said County of Bucks not herein before otherwise disposed of with the rights members . . . To hold the same . . .  unto and to the use of the said George Cross the younger David Thomas Willis and Thomas Burgess their heirs and assigns upon trust nevertheless as hereinafter mentioned (that is to say) upon trust during the minority of John Cross son of the said George

[p.2] Cross the younger to permit and suffer the said George Cross the younger or his assigns to occupy or receive the rents and profits of the copyhold messuage or tenement wherein I now dwell with the malting outbuildings yard and garden thereto belonging and also the cottage in two tenements situate and being near thereto and in the respective occupations of Sarah King spinster and Penelope Dudley widow and also my freehold messuage tenement or public house situate . . .  in North Marston aforesaid called or known by the name or sign of the Bell and the cottage or tenement and yard or piece of ground thereunto adjoining and belonging in the occupation of William Allen and his assigns and also the barn passage and piece of ground situate . . . in North Marston aforesaid which I purchased of Mary Fowler widow with the right members . . . he the said George Cross the younger and his assigns keeping the same in good and tenantable repair and insured from loss or damage by fire And when and so soon as the said John Cross shall arrive to the age of twenty one years I give and devise unto the said John Cross All and every the said copyhold freehold messuages cottages tenements malting hereditaments and premises situate . . .  in the several parishes of Winslow and North Marston aforesaid hereinbefore particularly described with the rights members … To hold the same and every part thereof unto and to the use of . . . John Cross his heirs and assigns for ever And upon further trust during the minority of William Henry Cross son of . . .  George Cross the younger to permit and suffer . . .  George Cross the younger or his assigns to receive the rents and profits of all that my copyhold . . .  in Great Horwood . . . in the occupation of Henry Dancer and called or known by the name or sign of the Crown with the cottage or tenement  thereto adjoining in the occupation of [blank space] Munday  And all that freehold allotment or piece of ground containing three perches or thereabouts lying in front of the said messuage or tenement with the rights members . . .  the said George Cross the younger and his and his assigns keeping the same in good and tenantable repair . . .  And when and so soon as the said William Henry Cross shall arrive to the age of twenty one years I give and devise unto . . . William Henry Cross . . . All and every my said copyhold . . . in Great Horwood aforesaid with the rights members . . . To hold the same . . . to the use of \the said/ William Henry Cross his heirs and assigns for ever  And upon further trust during the minority of Ann Cross the daughter of the said George Cross the younger to permit and suffer the said George Cross the younger . . .  to occupy and enjoy or receive the rents and profits of All that my copyhold close piece or parcel of land or ground situate . . .  in the parish of Winslow aforesaid in my own occupation and which I sometime since purchased of William Bowles [?=Bowler] with the rights members . . . he the said George Cross the younger keeping the same in good heart plight and condition and the Cowhouse gates mounds fences thereto belonging in good and tenantable repair And when and so soon as the said Ann Cross shall arrive to the age of twenty one years I give and devise unto the said Ann Cross the said close

[p.3] piece or parcel of land or ground hereinbefore mentioned . . . in Winslow aforesaid with the rights . . . To hold the same . . . to the use of the said Ann Cross her heirs and assigns for ever And my mind and will is that in case the said George Cross the younger shall depart this life previous to the said John Cross William Henry Cross and Ann Cross or any or either of them attaining the age of twenty one years I hereby authorise and empower the said David Thomas Willis and Thomas Burgess and the survivor of them and his heirs to receive the rents and profits of the said hereditaments and premises hereinbefore given and devised to the said John Cross William Henry Cross and Ann Cross respectively and by and out of the same to pay all charges and expences of keeping the same in good and tenantable repair and the buildings insured from loss or damage by fire and all expences of letting the said hereditaments and premises and receiving the rents and profits thereof and to apply and dispose of the surplus of such rents issues and profits respectively after answering the purposes aforesaid in for and towards the maintenance education and support of the said minor devisee or devisees respectively or otherwise for their respective benefit as the said David Thomas Willis and Thomas Burgess or the survivor of them or his heirs shall think fit and in case the said John Cross William Henry Cross and Ann Cross or any or either of them shall depart this life under the age of twenty one years and without issue then and in such case I give and devise the several hereditaments and real estate and premises herein before given and devised to them him or her so dying with the respective rights . . . unto the survivors or survivor of them the said John Cross William Henry Cross and Ann Cross To hold the same unto the survivors or survivor of them . . . and their respective heirs and assigns as tenants in common and not as joint tenants and in case the said John Cross William Henry Cross and Ann Cross shall all depart this life under the age of twenty one years and without issue then and in such case I give and devise the several hereditaments . . . hereinbefore given and devised to them respectively with the respective rights members . . . unto the said George Cross the younger his heirs and assigns for ever  Also I give and bequeath unto the said John Cross William Henry Cross and Ann Cross All my household goods and furniture plate linen beds bedding brewing and dairy utensils chattels and effects which shall at my decease be in and about my dwelling house in Winslow aforesaid equally to be divided between them share and share alike when and as they shall severally attain the age of twenty one years with benefit of survivorship among them as to the share or shares of either or any of them dying under that age also I give devise and bequeath unto the said George Cross the younger all the rest and residue of the real estates if any and also of my goods chattels furniture ready money and utensils stock in trade book debts rights and credits Personal Estate and Effects whatsoever and wheresoever and of what nature and kind soever the same may be which I may die possessed of interested in or entitled unto and not hereinbefore by me otherwise disposed of To hold the same . . . and all my estate and interest therein and thereto unto the said George Cross the younger his heirs executors administrators and assigns absolutely according to the several natures and tenures thereof subject nevertheless to the payment of all such debts as I may justly owe at the time of my

[p.4] decease my funeral and testamentary expences And I \do/ hereby nominate constitute and appoint the said George Cross the younger David Thomas Willis and Thomas Burgess joint executors of this my last will and testament and  hereby revoke and make void all former and other wills by me at any time heretofore made And my mind and will further is and I hereby declare and direct that it shall be lawful for my said executors and trustees by and out of the monies which shall or may come to their hands by virtue of this my will to deduct retain to and reimburse themselves and himself and each other respectively all such losses costs charges and expences as they or any or either of them may bear pay sustain expend or be put unto in or about or by reason or means or on account of the performance and execution of all or any of the trusts hereby in them reposed in any respect whatsoever and that notwithstanding his appointment as a trustee and executor under this my will the said David Thomas Willis shall be entitled to his proper fees and charges for any professional business he may transact in the execution of the trusts aforesaid and also that they my said executors and trustees and any or either of them shall not be charged or chargeable with or answerable or accountable for any more of the trust estates and property than what shall come to their hands or custody respectively by virtue of this my will nor with or for any loss damage or diminution that may happen to the same or any part thereof so as it happen not through any or either of their wilful default or neglect nor shall the one of them be answerable or accountable for the other or others but each of them for himself and his own acts defaults and neglects only In witness whereof I the said George Cross the elder and testator have to every sheet of this my last will and testament contained in five sheets of paper set my hand this tenth day of November in the year of our Lord one thousand eight hundred and forty two – George Cross Sen [signature] this Sheet and the four sheets of paper hereto annexed were severally signed by the said George Cross the elder and testator in the joint presence of us who in his presence and in the presence of each other have here unto subscribed our names as witnesses thereof – Char Willis [signature] Wm Lee Grace [signature] his clerk

Proved at London 5th January 1846 before the Worshipful Joseph Phillimore Doctor of Laws and Surrogate by the oaths of George Cross (formerly the younger) and David Thomas Will two of the Executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like Grant to Thomas Burgess the other Executor when he shall apply for the same.

Notes

George Cross was probably baptised in 1767 at Preston Bissett. He died in 1844 aged 76 In 1796 he bought the messuage and blacksmith's shop which he already occupied at 3 High Street. He married Zillah Eagleton in 1796 but only after their son George Cross Eagleton had been baptised - hence "my son or reputed son". Zillah died in 1799 after the birth of another son John (who presumably died young). George then married Mary Brandon of Winslow in 1801. She was the daughter of John Brandon of Rands Farm (d.1810).

George acquired some property in Horn Street and Cow Street from the Eagleton family, and sold it in 1818. He bought Churchwalk House and 16-18 Horn Street in 1813. He also ran the Old George Inn for a time. He was living at Churchwalk House in 1841 with his grandson William and 3 servants, but probably moved in with his son before he died. His copyhold property at his death (recorded at the 1846 manor court) consisted of:

See also: will of George Cross jr, proved 1864

Copyright 10 November, 2017