Will of John Curtis, farmer and dairyman, 1858 (proved 1859)

Principal Probate Registry

On the 20th. Day of January 1859 the Will of John Curtis late of Winslow in the County of Buckingham farmer and Dairyman deceased who died on the 18th. day of July 1858, at Winslow aforesaid was proved in the Principal Registry of Her Majesty’s Court of Probate, by the Oath of Ann Curtis of Winslow aforesaid Widow the Relict (during Widowhood) Robert Curtis of Hogshaw in the same County Farmer the Brother of the said Deceased and Thomas Curtis of Quainton in the same County Farmer (the Son of Testator ‘s Uncle William Curtis) the Executors therein named they having been first sworn duly to administer

Effects under £3,000

This is the last Will and Testament of me John Curtis of Winslow in the County of Bucks farmer and Dairyman I appoint my Wife Ann (during her widowhood) my brother Robert Curtis and my cousin Thomas Curtis (son of my Uncle William) to be Executrix and Executors and also Trustees of my Will I direct that all my just debts my funeral and testamentary expenses may be fully paid and satisfied as soon as conveniently may be after my decease and subject thereto I empower my said Wife to carry on my farming and dairying business and for that purpose to continue tenant of the farm which I shall use at my decease or to hire or use any other farm  and employ any live and dead agricultural stock and such part of my personal estate as she shall think fit with liberty for her at any time to transfer the business to any son or sons of mine or admit any son or sons of mine to a share thereof and lend to him or them the capital employed or requisite to be employed therein or any part thereof upon such security and such terms as she and the other trustees for the time being under my Will shall think reasonable or empower my said Wife to manage my personal estate generally in such manner as shall appear to her to be most advantageous to my family with liberty at her discretion either to permit it to continue in the state in which it shall be found at my death or to get it in and invest the proceeds in the names or name of the trustees or trustee for the time being of my Will upon any stocks funds or securities or at any rate of interest or in the purchase of any real or personal property and to vary the investment when and as my said trustees shall think fit (the real property so purchased to be convertible into and treated as personalty for all the purposes of my Will) I give to my said Wife all the income of so much of the personal estate to which I shall be entitled at my decease as shall be in anywise employed or invested (inclusive of the profits of the said business) and also the use of the residue thereof but charged with the maintenance education and bringing up in a manner suitable to their station in life of my children for the time being under the age of twenty one years In the event of my said Wife marrying again I thenceforth annul the powers and benefits hereinbefore given to my said Wife I declare that on the death or marriage of my said Wife my personal estate shall vest in the other trustees or trustee for the time being of my Will who shall have the same power and liberty in regards to my business as I have hereinbefore given to my said Wife carrying on the same for such period as the circumstances of my estate or my family shall in the opinion of my said trustees or trustee render it convenient or desirable so to do and subject thereto shall cover get in my personal estate not invested in stocks funds or securities of the United Kingdom or on real securities in the United Kingdom and invest and place out the produce in and upon investments of that description but with liberty to continue any investments of a different description which they or he shall think it inexpedient to disturb and with power to vary from time to time the investment of my personal estate so as the investment be confined to stocks funds or securities of the description aforesaid I declare that the said trustees or trustee shall hold my personal estate from and after the death or marriage of my said Wife In trust for my children John Thomas Curtis William Robert Curtis Thomas Daniel Curtis Robert Curtis and Henry Curtis equally to be absolutely vested at the age of twenty one years and as to the shares original and accruing of any or either of them dying under that age In trust for the other or others of my children conformably to the preceding trust with power for the said trustees to apply the whole or any part of the income and with the consent of my said Wife during her widowhood any part of the capital of each child’s original or accruing share not absolutely vested for his benefit by way of maintenance advancement or otherwise and the unapplied income of each share shall be accumulated and the accumulations be deemed an accretion to the same share I devise all lands and hereditaments which shall at my decease be vested in me as mortgagee or trustee in fee or otherwise into and to the use of my said brother Robert Curtis and my said cousin Thomas Curtis their heirs executors administrators and assigns subject to the trusts and equities  affecting the same respectively I appoint my said Wife during widowhood and on her death or if she shall marry again then on her marriage my said brother Robert Curtis and my said cousin Thomas Curtis to be the Guardian or Guardians of my infant children I declare that the receipts of my said trustees shall exonerate purchasers and others paying monies to such trustees by virtue of my Will from all liability in respect of the application thereof I declare that if my said trustees or any of them or any trustees or trustee to be appointed under this provision shall die or become unwilling or unable to act as trustees or trustee of my Will it shall be lawful for my said Wife during her widowhood and after her death or marriage for the trustees or trustee for the time being whether continuing or declining to act or if none for the executors or administrators or either or any of the executors or administrators of any deceased trustee to appoint any fit person to be a trustee or trustees in the place of any trustee or trustees dying or becoming unwilling or unable to act And I declare that the trustees for the time being of my Will shall be competent to exercise all the powers hereon confided to the trustees herein named  And I further declare that the trustees for the time being of my Will shall not be answerable for each others acts or receipts nor for losses happening without their own respective default and shall be at liberty to retain and allow to each other out of the respective trust monies all expenses incident to the execution of the trusts and powers of my Will Lastly I revoke all other Wills In witness whereof I the said John Curtis the Testator have to each sheet of this my last Will and Testament contained on two sheets of paper set my hand this fourteenth day of July in the year of our Lord one thousand eight hundred and fifty eight                                              John Curtis

This sheet and the preceding sheet of paper was each signed by the said John Curtis the Testator in the joint presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses                        Dav. Tho. Willis Solicitor Winslow
                                                                                                Thos. R. Brown  his clerk

Proved at London 20th. February 1859 by the oaths of Ann Curtis Widow the Relict (during Widowhood) Robert Curtis the Brother and Thomas Curtis (the Son of Testators Uncle William Curtis) the Executors to whom Admon was granted.

Notes

John Curtis was originally from Hogshaw, and came to Winslow as a tenant farmer: in 1851 he had 147 acres and employed 8 men. He married Ann, daughter of the schoolmaster and farmer Daniel Grace (d.1868). They lived at 47 Sheep Street, where Ann still lived, rent-free, at the time of the Winslow Hall Sale in 1897. The sons mentioned in the will were:

They were all still living with their mother in 1861. William and Henry were still there in 1871 and described themselves as farmers. John had established himself at Gadebridge Farm, Hemel Hempstead, and Robert was working for a grocer in Gloucester. Thomas and Henry were farmers living with their mother in 1881 and 1891, and William was a farmer of 260 acres at Shucklow, Little Horwood. Anne and Thomas were at the same house in 1901, by which time Thomas was assistant overseer and insurance agent (they gave up the farm in 1895). Ann died later in 1901 aged 88.

Will of Thomas Daniel Curtis, 1924 (proved 1938)

Oxford Probate Registry

In His Majesty’s High Court of Justice
The District Probate Registry at Oxford
BE IT KNOWN that Thomas Daniel Curtis of Station road Winslow in the County of Buckingham died on the 21st day of January 1938 at Winslow aforesaid AND BE IT FURTHER KNOWN that at the date hereunder written the last Will and Testament (a copy whereof is hereto annexed) of the said deceased was proved and registered in the District Probate Registry of His Majesty’s High Court of Justice at Oxford and that Administration of all the Estate which by law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to Elizabeth Fanny Curtis of Station road aforesaid widow relict of deceased and Alfred Edward Curtis of Stone in the said County farmer the executors named in the said Will.

  And it is hereby certified that an Affidavit for Inland Revenue has been delivered wherein it is shewn that the gross value of the said Estate in Great Britain (exclusive of what the said deceased may have been possessed of or entitled to as a Trustee and not beneficially) amounts to £1885:16:4 and that the net value of the personal estate amounts to £1503:13:8.

  And it is further certified that it appears by a Receipt signed by an Inland Revenue Officer on the said Affidavit that £55:14:2 on account of Estate Duty and interest on such duty has been paid.
  Dated the 1st day of March 1938.

W W Hughes  District Registrar
Extracted by Philip Wood, Solicitor, Winslow.

  I THOMAS DANIEL CURTIS of Station Road Winslow in the County of Buckingham hereby revoke all former wills and testamentary instruments made by me and declare this to be my last Will I appoint my wife Elizabeth Fanny Curtis and my cousin Alfred Edward Curtis of Lower Hogshaw Farm Winslow in the County of Buckingham Farmer to be Executors and Trustees of this my Will and I bequeath the sum of One hundred pounds  free of duty to the said Alfred Edward Curtis if he shall prove my Will and act in the trusts thereof And as to all the rest of my estate and effects both real and personal I devise and bequeath the same unto and to the use of my trustees their heirs executors administrators and assigns Upon trust to sell call in and convert into money my real and residuary personal estate and Upon further trust to invest the money arising from the sale calling in and conversion thereof in the names or name of the trustees or trustee for the time being of this my Will and to pay the annual income of such investments during the joint lives of my said wife Elizabeth Fanny Curtis and my sister-in-law Louisa Jane Foll to my said wife Elizabeth Fanny Curtis during her life And from and after her death to pay the annual income of such investments to my said sister-in-law Louisa Jane Foll if then living during her life And from and after the death of the survivor of the said Elizabeth Fanny Curtis and Louisa Jane Foll As to the capital and income of the same investments Upon trust for my niece Ethel May Curtis and my niece Gladys Cooper Curtis the children of my brother Robert Curtis if they shall both be living at the death of the survivor of my said wife and the said Louisa Jane Foll in equal shares but if only one of my said nieces shall then be living then in trust for that one absolutely I declare that the trustees or trustee for the time being of this my Will shall have a discretionary power to postpone for such period as to them or him shall seem expedient the sale calling in or conversion of any parts of my real or personal estate but the unsold real estate and the outstanding personal estate shall be subject to the trusts hereinbefore contained concerning the investments aforesaid and the rents and yearly produce and use thereof shall be deemed annual income for the purpose of such trusts and the unsold real estate shall be deemed to be converted as from the time of my death and be transmissible as personal estate accordingly And without prejudice to the generality of the aforesaid discretionary power I expressly declare that my trustees shall have the fullest discretion to postpone the sale and conversion of any share or interest I may have in the freehold messuage in Station Road Winslow now in the joint occupation of my said wife and myself and also of any furniture and effects therein belonging to me and that it shall not be obligatory on my trustees to keep the said premises in repair or insured or to make an inventory and see to the repair insurance or replacement of the said chattels In witness whereof I have hereunder set my hand this twenty fourth day of October One thousand nine hundred and twenty four

THOS. D. CURTIS –

Signed by the said testator Thomas Daniel Curtis as and for his last Will in the presence of us both present at the same time who at his request in his sight and presence and in the presence of each other have hereunto subscribed our names as witnesses
  G.M.BARKER  Winslow  Solicitor
HUGH J. RAY, Clerk to Messrs. SMALL & Barker, Solicitors, Winslow

On the 1st day of March 1938 Probate of this Will was granted at Oxford.

Epitaph of T.D. Curtis

Copyright 19 December, 2020