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Will of Ann Cross, spinster, 1864 (proved 1875)
Oxford Registry, 15 July 1864
ON the Sixth day of March 1875 the Will of Ann Cross late of Winslow in the County of Buckingham, Spinster, deceased, who died on the Twenty fifth day of September 1874 at Winslow aforesaid, was proved in the District Registry attached to Her Majesty’s Court of Probate at Oxford by the Oath of James Hughes of the City of Oxford, Grocer, the sole Executor therein named he having been first sworn duly to administer.
It is hereby certified the above is a correct Copy. Dated this Eleventh day of March 1875.
Effects under £2,000 No Leaseholds
Extracted by Willis and Willis, Attorneys, Winslow.
This is the last Will and Testament of me Ann Cross of Winslow in the County of Bucks, Spinster.
I appoint James Hughes of the City of Oxford Grocer to be Executor and Trustee of my Will I devise unto my Brother the Reverend John Cross All that my freehold messuage or Inn called the White Hart situate at Bicester in the County of Oxford with the appurtenances and all other the real estate if any of which I may be beneficially seized at the time of my death except estates in the Parishes of Winslow aforesaid and Grandborough in the said County of Bucks To hold the same unto my said Brother and his assigns during the term of his natural life and he and they keeping the same in good and tenantable repair and insured against loss or damage by fire to the full amount of value thereof And from and immediately after his decease I devise the same unto the use of his Son William George Herbert Cross his heirs and assigns absolutely but in case the said John Cross shall die before the said Son shall attain the age of twenty one years or if the said William George Herbert Cross shall die under that age then and in either of such cases I devise the said Estate with the appurtenances unto the said James Hughes his heirs and assigns subject to the life interest of my said Brother John therein Upon trust during the minority of the said William George Herbert Cross to let set and demise the same in like manner as hereinafter directed with regard to my other estates And to accumulate the net rents and profits thereof for the benefit of the said William George Herbert Cross until he shall attain the age of Twenty one years and then to pay the same to him and convey the said estates to him his heirs and assigns absolutely And upon further trust with all convenient speed after the death of the said John Cross if his said Son shall die under the age of Twenty one years to sell the said Estate with the appurtenances and stand possessed of the monies to arise therefrom In trust in equal shares and proportions for the other present and future born children of my said brother John (except his Daughter Amy) or such of them as shall attain the age of Twenty one years the income thereof in the meantime to be accumulated for their benefit I devise unto the said James Hughes all the real estates of which I may be beneficially seized at the time of my death situate and being in the several Parishes of Winslow and Grandborough aforesaid In trust during the respective minorities of my Brothers and Sisters George Thomas Cross Walter Essex Cross Mary Cross and Charlotte Cross to let set and demise the same from year to year or any term not exceeding Three years in possession for the best and most improved rents that can be obtained for the same and to receive such rents and profits and thereout pay all rates taxes charges and impositions and the costs of letting the same and of repairing the gates buildings and fences thereon and accumulate the net balance of such rents and profits for the benefit of my said last named Brothers and Sisters respectively in manner hereinafter mentioned until they shall respectively attain the age of Twenty one years And when and so soon as my said Brother George Thomas Cross shall attain the age of Twenty one years to pay to him all accumulations of an equal moiety of the net rents and profits arising from my estates in the Parish of Grandborough until the said Walter Essex Cross shall attain that age to pay to him all accumulations of the other equal moiety of the net rents and profits arising from my estates in the Parish of Grandborough And when and so soon as both my said Brothers George Thomas Cross and Walter Essex Cross shall attain the age of Twenty one years Upon further trust to convey surrender or otherwise assure my said estates in . . . Grandborough unto and to the use of . . . George Thomas Cross and Walter Essex Cross and their respective heirs and assigns absolutely in equal shares and proportions as tenants in common and not as joint tenants And in case either of them . . . George Thomas Cross and Walter Essex Cross shall die under the age of Twenty one . . . to sell and dispose of my estates in . . . Grandborough and to stand possessed of one equal moiety of the net monies arising from such Sale after paying all incidental expences in trust for such one of them . . . George Thomas Cross and Walter Essex Cross shall attain the age of Twenty one years and of the other moiety of the said net moneys in trust in equal shares and proportions for all and every of my Brothers and Sisters or such of them as shall attain the age of Twenty one years . . . [Identical provisions to those set out for George and Walter Cross in relation to the estate in Grandborough are then recreated for the sisters Mary and Charlotte in relation to the estate in Winslow. These include estate conveyance at the age of 21 and Ann Cross’ wishes in the event of either or both sisters’ deaths.]
I bequeath to my Step Mother Charlotte Cross for her own use all my household goods and furniture plate linen china glass books prints pictures wearing apparel jewels and trinkets I bequeath all the residue of the personal estate which I may be possessed or entitled to at the time of my death to the said James Hughes Upon trust . . . to get in and convert the same And out of the monies thereby arising to pay my just debts my funeral and testamentary expences and to invest the residue thereof pursuant to the general direction for investment hereinafter contained And to pay the income arising therefrom unto my said Brother John and his assigns during the term of his natural life And after his death to stand possessed of the capital of such investment and future accumulations thereof In trust in equal
shares and proportions for all . . . children of my said Brother John except the said Amy Cross and William George Herbert Cross or such of them as shall attain the age of Twenty one years the income thereof in the meantime to be accumulated for their benefit I direct that it shall be lawful for my said Trustee to sell and dispose of the several estates hereinbefore directed to be sold . . . by Public Auction or Private Contract at such place and time and subject to such stipulations relative to the title or evidence of title or to the time or mode or payment of the purchase money (part whereof may be allowed to remain on Mortgage of all or any part of the estates sold) or to any other matters connected with the sale as my said Trustee shall judge expedient or as his Counsel shall advise with full discretion and authority to sell either subject to or discharged from or with an indemnity by impounding part of the purchase money or otherwise against any incumbrances and also to fix reserved biddings and buy in any Lot or Lots at any Auction and to rescind or vary any Contract for Sale without being liable for any consequential loss and also to execute such instruments and assurances as shall be requisite for effecting and completing the sale of my said Estates I direct that all investments of trust monies to be made by my said Trustee shall be made in his name in some Bank for Savings or in the public funds or on Government or real securities in England I empower the Trustees or Trustee for the time being of my Will to give receipts for monies or effects to be paid or delivered to such Trustees or Trustee by virtue of my Will and declare such receipts shall exonerate the persons taking the same from all liability to see the application or disposition of the money or effects therein mentioned I exempt every Trustee of my Will from losses occurring without his own wilful default and authorize him to retain and allow to his Co-trustee all expences incidental to the Trusteeship Lastly I revoke all other Wills. In Witness whereof I the said Ann Cross the Testatrix have to each sheet of this my last Will and Testament contained on five sheets of paper set my hand this Twenty second day of March in the year of our Lord One thousand eight hundred and sixty four
Ann Cross [signature]
Signed and declared by the said Ann Cross the Testatrix as and for her last Will and Testament in the presence of us both being present at the same time who in her presence at her request and the presence of each other have hereunto subscribed our names as Witnesses the word “absolutely” in the fifth line from the bottom of the second sheet being first written on an erasure
D.T. Willis [signature]
Thos. Price Willis [signature] Attornies, Winslow, Bucks
Proved at Oxford, the Sixth day of March 1875, by Oath of James Hughes the sole Executor, to whom Administration was granted.
The Testatrix Ann Cross was late of Winslow in the County of Buckingham, Spinster, and died on the Twenty fifth day of September 1874, at Winslow aforesaid
Under £2,000.
Willis and Willis, Attorney, Winslow
It is hereby certified the foregoing is a correct Copy. Dated this Eleventh day of March 1875.
Notes
Ann Cross (1826-74) was the eldest daughter of the draper and maltster George Cross (1796-1864), q.v. for details of her siblings. She owned considerably more property than she had inherited from her father, and presumably inherited some of it from her mother. She lived with two of her half-sisters at 13 Market Square, where there was a sale of her furniture as her stepmother had predeceased her. James Hughes was also the trustee of her father's will.
For some family reminiscences, see Edgar H. Cross's website.