Will of Reverend Mark Kerr, 1853 (proved 1855)

National Archives PROB 11/2212/195

This is the last Will and Testament of me The Reverend Mark Henry James Kerr of Winslow in the County of Buckingham Clerk I hereby revoke all Wills and other Testamentary Dispositions heretofore made by me and declare this to be my last Will and Testament I give to my Brother Beauchamp Kerr and my Sister Mrs Pearse each a Mourning Ring of the value of Twenty pounds And I give to my

[p.2] Brother Charles William John Kerr for his own absolute use all my plate and plates articles pictures and books and my Sermons I give to my Sister Mrs Hubback in order that if one or more of her Sons should take Holy Orders she may then divide such Sermons equally amongst such Sons or to give the same to such only Son in case but one should take Holy Orders  And I expressly direct that if neither of her Sons shall take Holy Orders that such Sermons be given to such other of my Nephews who shall take Holy Orders  as my Sister Mrs Hubback may think proper to give them but that on no account shall they be sold or disposed of out of the family And I give devise and bequeath all my lands tenements and real estates together with my Leasehold estate and all the money securities for money goods chattels and other personal estate whatsoever and wheresoever of or to which I am now or at the time of my death shall or may be seised possessed or entitled whether in possession reversion or otherwise except where I otherwise dispose of by this my Will or any Codicil thereto unto my said Brother Charles William John Kerr and Edward Robert Barnes of Aylesbury in the said County of Buckingham Gentleman hereinafter called my Trustees their heirs executors administrators and assigns according to the nature and quality thereof respectively Upon Trust that they my … Trustees and the survivor of them and the executors … do and shall as soon as conveniently maybe after my decease sell and dispose of my said lands tenements … either in public auction or private contract subject to such conditions of sale as to Title or otherwise as maybe considered advisable and with full power to effectually convey and assure the same to the purchaser or purchasers thereof and do and shall also call in sell and convert into money such parts of the said securities in money goods chattels and other personal estate as shall not consist of ready money except such monies as shall for the time being be invested on securities Which my said Trustees or Trustee shall approve of or not think it advisable to change without such securities may not be such as are hereinafter authorized  And do and shall stand and be possessed of the money to arise from the said real and leasehold estates and from such calling in and conversion into money and or the money which may be continued on such existing securities as aforesaid and also of the ready money of or to which I shall be possessed \or entitled/ at the time of my death … Upon the Trusts and subject to the provisos and declarations hereinafter contained, that is to say Upon Trust in the first place for payment out of the same of my funeral and testamentary expenses and debts and the costs to be incurred in and about the sale and conversion into money as aforesaid or otherwise in or about the Trusts aforesaid and for the payment of the Legacies bequeathed by this my Will or which may be bequeathed by any Codicil hereto And I give and bequeath the following Legacies or sums of money to be paid within one year after my decease To my said Brother Charles William John Kerr the sum of Four hundred pounds sterling To my Sister Charlotte Kerr the sum of Four hundred pounds sterling And to my God child the child of my said Brother Beauchamp Kerr And to my God child the child of my said Sister Mrs Pearse to my Godchild the child of my said Sister Mrs Hubbard and to my God child the child of my said Sister Mrs Bayly each the sum of Fifty pounds sterling the same \sums/ to be vested in my said God children immediately on my decease and to be paid to them in addition to any other sums they may become entitled to by virtue of this my Will  And I direct that my said Trustees … do and shall lay out and invest the surplus or residue of the said monies so to arise by such sale calling in or disposition as aforesaid when and as the same shall be received and also the residue of my said ready monies in their or his names or name in some of the parliamentary stocks or public funds of Great Britain or at interest upon Government or real security in England or Wales with power from time to time at discretion to alter vary and transpose the said stocks or funds or securities into or upon others stocks funds or securities of the like nature  And do and shall stand possessed of the said Trust monies stocks … and also the securities upon which any part or parts of my personal estate may be permitted to remain as hereinbefore mentioned Upon the Trusts and under and subject to the powers and declarations hereinafter contained (that is to say) As to one third part thereof Upon Trust to pay the interest dividends and annual proceeds of the same to my Sister Mrs Hubback during her life for her sole and separate use independent of her present or any future husband and so as not to be subject to his debts control or engagements her receipt for the same being a sufficient discharge to my said Trustees … And from and after the death of my said Sister Mrs Hubback do and shall stand possessed of the same one third part of the said Trust monies stocks … In Trust for all and every of her children or only child who being a Son or Sons shall live to attain the age of Twenty one years or being a Daughter or Daughters shall live to attain that age or marry to be divided between such children if more than one in equal shares as Tenants in common and if there shall be but one such child then the whole of the same one third part shall be In Trust for that one child only  And as to one other third part of the said Trust monies stocks … Upon Trust to pay the interest … to my Sister Mrs Bayly during her life for her sole and separate use independent [of husband’s debts and controls with her receipts sufficing as Trustee discharges] And from … the decease of … Mrs Bayly [the Trustees] do and shall stand possessed of such other one third part of the said Trust monies stocks … In Trust for all and every her children [with repeat of provision clauses as set out for Mrs Hubback ’s children] And as to the remaining third one part of the said Trust monies stocks … Upon Trust to pay the interest … to my Brother William Kerr during his life  And from and after his decease do and shall stand possessed of such other one third part of the said Trust monies stocks … In Trust for all and every his children [with repeat of provision clauses as set out for his siblings’ children] provided always and I hereby declare that it shall be lawful for my said Trustees … of this my will at any time … during the lifetime of my said Sisters … and of my said Brother … with the consent in writing of such Sisters or Brother (as the case may be) each so far only as regards her or his own children And at any time … after the death of either of the same Sisters or Brother at the entire discretion and of the proper authority of my said Trustees … to invest the whole or any part or parts of the then expectant or presumptive or vested share of any child under the Trusts hereinbefore declared and to pay apply and dispose of the same for his or her education preferment or advancement in the world or otherwise for his or her benefit as may be thought most advisable by my said Trustees  I give devise and bequeath all the estates which at my death shall be vested in me upon any trusts or by way of Mortgage and which I shall at my death have power to dispose of by Will unto my said Trustees their heirs executors and administrators respectively according to the nature of respectively

[p.3] Upon the Trusts and subject to the equity of redemption which at my death shall be subsisting or capable of taking effect therein respectively but so that money secured or Mortgage (if any) shall be taken as part of my personal estate  And I hereby declare that the receipt or receipts of my said Trustees … acting in execution of the trusts of this my Will shall be a good and effectual discharge … to the purchaser … of my said real and personal estate and to all other persons for any sum or sums of money stocks funds or securities paid or transferred to him or them under or by virtue of this my will and that such purchaser … paying or transferring such monies stocks … and taking any such receipt … shall not afterwards be bound to see to the application or be answerable for the misapplication or nonapplication thereof  Provided always and I hereby declare that if the said Charles William John Kerr and Edward Robert Barnes or either of them or any Trustee … appointed as hereinafter provided shall die or be abroad or desire to be discharged or refuse or decline to become incapable to act in the execution of the  Trust hereof then and in every such case it shall be lawful for the said Charles William John Kerr and Edward Robert Barnes … to appoint a new Trustee … in the place of the Trustee so dying or being abroad … [terms, conditions and exceptions of a standard nature applying to appointed Trustees and replacement Trustees set out] And I nominate and appoint the said Charles William John Kerr and Edward Robert Barnes Executors of this my Will In Witness whereof I the said Mark Henry James Kerr the Testator have to each sheet of this my last Will and Testament contained in six sheets of paper signed my name this third day of January one thousand eight hundred and fifty three Mark H J Kerr [signature] Signed by the said Mark Henry James Kerr the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other at the same time have hereunto subscribed our names as witnesses Wm E Eagles Alf(re)d Mitchell  Clerks to Messrs Tindal & Baynes Solicitors Aylesbury

This is a Codicil to the above written last Will and Testament of me The Reverend Mark Henry James Kerr of Winslow in the County of Buckingham Clerk I hereby revoke the bequests therein contained of the Legacies of Four hundred pounds each to my Brother Charles William John Kerr and to my Sister Charlotte and in lieu thereof hereby give and bequeath to my \said/ Brother Charles William John Kerr and to my said Sister Charlotte each the legacy or sum of Six hundred pounds  And in all other respects I hereby confirm my said Will  In witness whereof I have hereunto signed my name this second day of March one thousand eight hundred and fifty three Mark H J Kerr [signature] Signed by the said Mark Henry James Kerr the Testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other at the same time have hereunto subscribed our names as witnesses Joseph Baily Shenley [signature] Chris(tophe)r Williamson Jun(io)r Aylesbury

This is a second Codicil to the last Will and Testament of me The Reverend Mark Henry James Kerr of Winslow in the County of Buckingham Clerk which Will bears the date the third day of January one thousand eight hundred and fifty three Whereas I have in and by a Codicil to my said Will which Codicil bears date the second day of March one thousand eight hundred and fifty three revoked a certain bequest contained in my said Will of a Legacy Four hundred pounds to dmy  Brother Charles William John Kerr and in lieu thereof  I have by the same Codicil given to my said Brother a Legacy of Six hundred pounds  Now I hereby revoke the said Legacy of Six hundred pounds given to my said Brother by the said Codicil and also the said Legacy of Four hundred pounds given to him by my said Will and instead of such Legacies respectively I hereby give and bequeath to my said Brother Charles William John Kerr the Legacy or sum of one thousand pounds sterling to be paid to him within one year after my death  And in all other respects I hereby confirm my said Will and Codicil respectively In witness whereof I have to this second codicil to my Will signed my name this fourth day of December one thousand eight hundred and fifty four Mark H J Kerr [signature] Signed by the said Mark Henry James Kerr \the Testator/ as and for a second Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other at the same time have hereunto subscribed our names as witnesses Chas W Selby Lowndes North Crawley Bucks [signature] Jane Bristow North Crawley Bucks [signature]

This is a third Codicil to the last Will and Testament of me The Reverend Mark Henry James Kerr of Winslow in the County of Buckingham Clerk which Will bears the date the third day of January one thousand eight hundred and fifty three I give and bequeath to Mrs Purcel of Winslow with whom I lodged the sum of Fifty pounds free of Legacy Duty in consideration of her kindness and attention to me during the time I was suffering from a severe accident on my Shin Bone In witness whereof I have to this third Codicil to my will set my hand and signed my name this [blank space] day of December one thousand eight hundred and fifty four Mark H J Kerr [signature]
[p.4] Signed by the said Mark Henry James Kerr as and for a Codicil to his Will in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses  W Selby Lowndes [signature]  T B Whitehouse [signature]

This is a Codicil to the last Will and Testament of me The Reverend Mark Henry James Kerr of Winslow in the County of Buckingham Clerk I hereby appoint my Brother William Henry Kerr to be a Trustee and Executor of my said last Will and Testament jointly with the other Trustees and Executors named and appointed in my said Will and I declare that my said Brother William Henry shall have as full powers and shall in all respects be enabled to act as if he had been originally named and appointed as Trustee and Executor in my said Will  In witness whereof I have hereunto signed my name this eleventh day of January one thousand eight hundred and fifty five Mark H J Kerr [signature] Signed by the said Mark Henry James Kerr in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses hereto C M Barnett NP [signature]  William Savill [signature]

Proved at London with four Codicils 12th May 1855 before the Worshipful Frederick Thomas Pratt Doctor of Laws and Surrogate by the oaths of Revd Charles William John Kerr Clerk the Brother and Edward Robert Barnes Esquire the executors named in the Will and William Henry Kerr Esquire also the co executor named in the fourth Codicil to whom Adm(inistrati)on was granted having been first sworn duly to administer By Motion and decree


Notes

Mark Kerr (b.1802) served as stipendiary curate of Winslow 1826-1834, immediately after being ordained (he studied at Trinity College, Cambridge, 1820-25). He lived at the Vicarage, where his furniture, horse, dogs, guns and other property were sold on 31 Dec 1834. He played cricket for Winslow in 1836, was living in Great Horwood in 1838, and was back in Winslow by 1841 when he and his brother Charles were lodging at Miss Todd's school, 11 Sheep Street. He became a magistrate for Winslow in 1850. He is missing from the 1851 Census, but his brother later lodged with Mrs Susanna Purcell at 7 Station Road, so he probably lived there c.1853-4. He was evidently a friend of the Selby-Lowndes family, and officiated at several of their weddings. More information about his life emerges from these newspaper cuttings:

Bucks Herald, 3 Feb 1855
WINSLOW
DEATH OF THE REV. M.H.J. KERR – With deep regret we have to announce the sudden death of the Rev M.H.J. Kerr, formerly curate of Winslow, for some years and up to his illness, a few months since, an active and very useful magistrate of this district.  The Rev. gentleman, who had been of late under medical treatment, was, on the 25th ult., taking a walk, when he fell down and expired.

DEATHS On the 25th ultimo., at Alton, in Hants, aged 52, the Reverend Mark Henry James Kerr, of Winslow Bucks, second son of the late Lord Charles Kerr, and grandson of the 5th Marquis of Lothian. The deceased was a Magistrate for the County of Buckingham, and was formerly for several years Curate of Winslow.

Hants Advertiser, 3 Feb 1855
ALTON, February 3.
SUDDEN DEATH – An inquest was held on Monday at Alton, by – Shebbeare, esq. (Coroner), on the body of the late Mark Henry James Kerr, an inmate of the Alton Lunatic Asylum, who had died of disease of the heart.

Bucks Herald, 5 May 1855
SINGLEBOROUGH, NEAR WINSLOW.
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                FOR        SALE,
EARLY    IN           JUNE     NEXT,
TWO FARMS, one containing about 82 ACRES,
and the other about 62 ACRES, by direction
of the Trustees under the Will of the late Mark
Henry James Kerr
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For information apply to Messrs. Tindal and Baynes,
Solicitors, Aylesbury; and Mr. D. T. Willis, Solicitor,
Winslow.

Copyright 24 August, 2017