Will of William Jones, victualler of the Three Pigeons, 1838 (codicil 1842, proved 1857)

Herts RO 14AR397 & 293AW2

This is the last Will and Testament of me William Jones of Winslow in the County of Bucks Victualler First I direct that my just debts and funeral expenses 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 the real estate hereinafter given and devised and I charge such real estate with the payment thereof accordingly And whereas I have contracted with my Mother in Law Ann Hazzard for the purchase of a copyhold Messuage or Tenement in Winslow aforesaid called the Three Pigeons now occupied by me with the Bakehouse yard garden and other the appurtenances thereto belonging but such purchase has not yet been completed  Now I give and devise unto my Brothers James Jones and Joseph Jones their Heirs and Assigns All the said Messuage or Tenement Hereditaments and Premises so contracted to be purchased as aforesaid with the appurtenances and all my estate and interest therein and thereto Upon the Trusts hereinafter declared concerning the same (that is to say) Upon Trust that they the said James Jones and Joseph Jones or the survivor of them or his Heirs do and shall if they or he shall think it necessary or expedient raise such sum or sums of money as they or he may think fit by mortgage of the said Hereditaments and premises or any part thereof and surrender the same by way of mortgage in fee or otherwise to the person or persons who may be willing to become the mortgagee or mortgagees thereof and receive the monies to be raised by such mortgage or mortgages and give effectual discharges for the same and exonerate the said mortgagee or mortgagees from all liability in respect of the application thereof And do and shall at such time or times as they or he shall think expedient and most for the benefit of the persons interested under this my Will (with the consent of my Wife Sarah Jones if living and of their or his own proper authority if she shall be dead) absolutely sell and dispose of the said Messuage or Tenement Hereditaments and Premises either by public auction or private contract and for such price and prices as to them or him shall seem fit and reasonable with liberty for them or him to buy in and resell the same at some future auction and to surrender convey and assure the same unto the purchaser or purchasers thereof or as he or they shall direct and receive the monies arising from the sale thereof and give effectual discharges for the same and exonerate the said purchaser or purchasers from all liability in respect of the application thereof And I declare that the monies which shall arise from mortgage or the sale of

[page 2] the said Messuage or Tenement 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 hereinafter bequeathed And I declare that in the mean time and until the said Message or Tenement Hereditaments and Premises shall be sold the rents issues and profits thereof shall be paid and applied to the same persons and in the same manner as hereinafter directed in respect of the interest dividends and annual produce of my personal estate and effects And as to all my goods chattels stock in trade and other personal estate whatsoever I give and bequeath the same unto my said Brothers James Jones and Joseph Jones their Executors Administrators and Assigns Upon the Trusts intents and purposes hereinafter mentioned (that is to say) Upon Trust that they the said James Jones and Joseph Jones and the survivor of them his Executors Administrators and Assigns do and shall in the mean time until the conversion thereof into money as hereinafter mentioned permit and suffer my said Wife Sarah Jones to have the free and uncontrolled use and enjoyment thereof And do and shall at such time or times as they or he shall think fit with the concurrence of my said Wife if living and of their or his own proper authority if she shall be dead sell and dispose of and convert into money so much thereof as shall not consist of money or securities for money and as shall be in its nature saleable and collect get in and receive the residue thereof And do and shall stand possessed thereof Upon Trust that they the said James Jones and Joseph Jones and the survivor of them and the Executors Administrators and Assigns of such survivor do and shall as soon as conveniently may be after my decease by with and out of the same pay the balance of the purchase money for the said Messuage or Tenement Hereditaments and Premises if the same shall not have been paid in my life time and also pay and satisfy all other debts which I may justly owe at the time of my decease and my funeral expenses and the costs and charges of proving and establishing this my Will and carrying the same into execution And as to the residue and remainder of the said monies Upon Trust to lay out and invest the same 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 to alter vary and transfer the hereinbefore mentioned trust monies so to be laid out and invested as aforesaid for or into other stocks funds and securities of the like nature as they or he shall think fit

[page 3] And to pay the interest or dividends of the monies so to be invested to my said Wife Sarah Jones for and during the term of her natural life, she applying the same in supporting maintaining and educating all and every my child and children who shall from time to time, be under the age of twenty one years and unmarried And from and after her decease As to the said trust monies stocks funds and securities and the interest dividends and annual produce thereof Upon Trust for all and every my Sons and Daughters William Jones, John Jones, Sarah Ann Jones, Louisa Jones, Silvanus Jones, Eliza Jones and Thomas Jones their Executors Administrators and Assigns respectively for their absolute use and benefit in equal shares as Tenants in common, nevertheless so that any sum or sums of money which may have been advanced by me in my life time to or for the advancement in the World of any or either of my said Children may be brought into distribution and accounted for accordingly And in case and so often as any of my said Children shall die under the age of twenty one years and without issue then and in every such case as well the share or shares hereby originally provided for the said Child or Children so dying as the share or shares which shall have accrued to him her or them by virtue of this present provision shall go remain and be to the other or others of the said Children in equal shares as Tenants in common Provided always and I do hereby further declare that after the decease of my said Wife Sarah Jones and during such time as my said Children or any of them shall be under the age of twenty one years the said Trustees or Trustee for the time being shall appropriate all or a competent part of the interest and dividends of the share to which such child or children shall be for the time being intitled 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 my said Wife Sarah Jones and my said Brothers James Jones and Joseph Jones joint Executrix and Executors of this my Will and also Guardians of my Children during their respective minorities Provided always and I do hereby further declare that my said Trustees and each of them and each of their Heirs Executors and Administrators 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 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 the

[page 4] said trust monies and premises shall be placed for safe custody or for any default or neglect of the other or others of them or for involuntary lapses And also that it shall and may 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 respectively and also to allow their respective Co-Trustee or Co-Trustees all costs charges damages expenses 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 And lastly I hereby revoke and make void all former and other Wills by me heretofore made In Witness whereof I the said William Jones the Testator have to each sheet of this my last Will and Testament contained on four sheets of paper set my hand this eighteenth day of January in the year of our Lord one thousand eight hundred and thirty eight.

[signed] William Jones

Signed by the said William Jones the Testator in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

                        Dav(id) Tho(mas) Willis   Sol(icitor)  Winslow
                        John King Junr  his Cl(er)k

[page 5] This is a Codicil to the last Will and Testament of me William Jones of Winslow in the County of Bucks Victualler which will bears date the eighteenth day of January one thousand eight hundred and thirty eight  Whereas since the date of my said Will I have purchased certain copyhold cottages or tenements and hereditaments in Winslow aforesaid and also a certain freehold close or piece of land in the parish of Swanbourne in the said County of Bucks Now I hereby give and devise unto my brothers James Jones and Joseph Jones the said cottages or tenements close or piece of land and hereditaments and all other the real estates of which I may be seised or possessed at the time of my decease with their respective appurtenances To hold the same and every part thereof unto the said James Jones and Joseph Jones their Heirs and Assigns Upon the same trusts in every respect as are in my said Will declared and contained with respect to the messuage or tenement hereditaments and premises which it is therein stated that I had contracted to purchase of my Mother-in-Law Anne Hazzard  And I hereby ratify and confirm my said Will in all respects In witness whereof I have hereunto set my hand this fourteenth day of October in the year of our Lord one thousand eight hundred and forty two.

[signed] William Jones

Signed by the said William Jones the Testator in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereof.

                        Dav(id) Tho(mas) Willis                   Sol(icitor) Winslow
                        W(illia)m Lee Grace his Clerk


Notes

Ann Hazzard was still the landlady of the Three Pigeons in 1828: see Alehouse Recognizances. The Three Pigeons was the substantial inn on the west side of the High Street just north of the Churchyard, now subdivided into various shops and flats (nos. 27 & 29).

Silvanus Jones mentioned in the will was the father of the Victorian playwright Henry Arthur Jones.

Click on the pictures below for full images of the documents:

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Will of William Jones p1

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Will of William Jones p2

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Will of William Jones p3

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Will of William Jones p4

Codicil:

Will of William Jones p5

William Jones had to appear at the Old Bailey in August 1853 in a case concerning his son-in-law:

CALEB WILLIAM ELLIOTT was indicted for uttering a forged promissory note for £40, with intent to defraud.

MR. BALLANTINE conducted the Prosecution.

HENRY COOPER. I am a surgeon, and live in Moor-street, Soho-square. On 13th Oct., between 3 and 4 o'clock in the afternoon, the prisoner came to me; he had not been introduced to me personally before, but a letter from my solicitor introduced him to me, and he came with my solicitor—a promissory note was handed to me—I think my solicitor, Mr. Walsh, handed it to me—it was signed by the prisoner and William Jones—I gave a check for it—I did not know the prisoner or William Jones, but Mr. Walsh had asked me if I could oblige a client of his by doing it—the note was not honoured when it was due.

JAMES WILLIAM WALSH. I am a solicitor. I know the prisoner; I introduced him to the last witness for the purpose of having this note discounted—I had spoken to Mr. Cooper about it on the prisoner depositing a certain policy of insurance, and knowing his father-in-law by reputation—the prisoner showed me the note, which purported to be signed by William Jones—the note required an alteration, and it was made, and it was discounted by Mr. Cooper.

WILLIAM JONES. I keep the Three Pigeons, at Winslow, in Buckinghamshire; I am father-in-law of the prisoner. The name of William Jones on the note is not my writing—I did not give anybody authority to sign it—my son-in-law was in distress.
Cross-examined by MR. WOOLLETT. Q. Are there many members of your family in the country living near you? A. Yes, a great many; they have had transactions with me—I believe they never had a promissory note but one, which is two years ago.

GUILTY . Aged 27. (Recommended to mercy by the Jury.)— Confined Six Months.

Source: Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 06 July 2012), August 1853, trial of CALEB WILLIAM ELLIOTT (t18530815-836).

Caleb William Elliott (b. Aston Abbotts) was a grocer in Market Square, Aylesbury, in the 1851 Census, married to George Jones' daughter Louisa, but was listed as a bankrupt in various newspapers in Dec 1852. In 1861 he was a cab proprietor in Chelsea, and he and Louisa now had 5 children. They were living in Fulham in 1871; no occupation was given but they had 4 lodgers so presumably ran a boarding-house.