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Will of William Matthews, builder, 1862 (proved 1878)
Oxford Probate Registry
This is the last Will and Testament of me William Matthews of Winslow in the County of Bucks, Builder. I bequeath the wines liquors fuel and other consumable household stores and provisions and the household furniture plate linen china and glass of which I shall die possessed to my Wife Agnes absolutely. I devise all the real estate to which I shall be entitled at the time of my decease (except estates vested in me a Trustee or Mortgagee) and I bequeath the residue of the personal estate to which I shall be then entitled to my Brother John Matthews and my Brother in Law Thomas Wright their heirs executors administrators and assigns respectively Upon trust to sell my real estate together or in parcels by Public Auction or Private Contract and to convert and get in my residuary personal estate But no sale shall take place of all or any of my real estate during the Widowhood of my said Wife without her written consent The rents of the unsold real estate to be paid to my said Wife during her Widowhood for her own use and to invest the monies to arise from such real estate and the residuary personal estate in the names or name of the Trustees or Trustee for the time being of my Will in or upon any of the Public Stocks funds or securities of the United Kingdom or any real securities in England with liberty for the said Trustees or Trustee with the consent in writing of my said Wife during her Widowhood and after her decease or second marriage at their own discretion to vary and transpose the investment from time to time for any other investment of the description aforesaid. And upon further trust to permit and empower my said Wife during her Widowhood to receive the annual income of the said monies or the stocks funds and securities whereon the same shall be invested. And after the death or second marriage of my said Wife which shall first happen as to the same monies stocks funds and securities and the annual income thenceforth to become due for the same Upon trust for such child or children of mine then living and such issue then living of my child or children then deceased as [p.2] shall either before or after the death or marriage of my said Wife attain the age of twenty one years or previously marry And I empower my Trustees after the death or second marriage of my said Wife to apply the whole or any part of the income of the contingent shares of the respective children and issue aforesaid in or towards their respective maintenance or otherwise for their respective benefit and I direct my Trustees to accumulate the unapplied income and add the accumulations to the capital of the respective shares whence the income shall have arisen And I also empower my Trustees to apply after the death or second marriage of my said Wife or during her Widowhood with her consent in writing any part not exceeding a moiety of the capital of the contingent shares of the respective children and issue aforesaid in or towards their respective advancement in life I declare that the provision hereinbefore made for my said Wife is in satisfaction of the dower and thirds if any to which she shall be entitled out of any real estate of mine I devise all real estates if any which may at my decease be vested in me as Trustee or Mortgagee to the said John Matthews and Thomas Wright subject to the equities affecting the same respectively I empower the Trustees or Trustee for the time being of this my Will to give receipts for all monies and effects to be paid or delivered to such Trustees or Trustee by virtue of my Will and declare that such receipts shall exonerate purchasers and others taking the same from liability to see to the application or disposition of the monies or effects therein mentioned. I empower the Trustees or Trustee for the time being of this my Will to compound or allow time for the payment of any debt or debts due to my estate and to settle all demands against my estate and all accounts between me and any person or persons on such terms as my said Trustees or Trustee shall in their or his discretion think expedient and to refer any matters in difference relating to my affairs to arbitration I declare that if my said Trustees or any of them or any person or persons to be appointed under this clause shall die or be unwilling or incompetent to execute the trusts of my [p.3] Will it shall be lawful for my said Wife during her Widowhood and after her death or second marriage for the competent Trustee or Trustees for the time being if any whether retiring from office of Trustee or not or if none of the executors or administrators or either or any of the executors or administrators of the last surviving Trustee to substitute by any writing under his or their hand or hands any fit person or persons in whom alone or as the case may be jointly with the surviving or continuing Trustees or Trustee my trust estate shall be vested and I exempt every Trustee of my Will from liability for losses occurring without his own lawful default and authorise him to retain and allow to his Co trustee or Co trustees all expenses incidental to the Trusteeship I appoint my said Brother John Matthews and my said Brother in Law Thomas Wright to be Executors and Trustees of my Will and I appoint my Wife she continuing my Widow and after her death or second marriage the Trustees or Trustee for the time being of my Will to be Guardian or Guardians of the persons and fortunes of my infant Children Lastly I revoke all other Wills
In Witness whereof I the said William Matthews the Testator have to each sheet of this my last Will and Testament contained on two sheets of paper set my hand this Eighth day of December in the year of our Lord one thousand eight hundred and sixty two William Matthews [signature]
This sheet and the sheet of paper hereto annexed were each signed by the said William Matthews the Testator in the joint presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses D.T. Willis [signature] Thos Price Willis [signature] Solicitors, Winslow, Bucks
Proved at Oxford the Twenty fifth day of September 1878, by the oath of John Matthews, the Brother, one of the Executors to whom administration was granted. Thomas Wright, the other Executor named in the Will having renounced the Probate and execution thereof.
The Testator William Matthews was late of Winslow in the County of Buckingham, Builder and died on the Fifth day of August 1878, at Linslade in the County of Buckingham.
Under £1,500
Willis and Willis, Solicitors, Winslow.
It is hereby certified that the foregoing is a correct Copy.
Dated this Third day of October 1878.
ON the Twenty fifth day of September 1878 the Will of William Matthews late of Winslow in the County of Buckingham, Builder, deceased, who died on the Fifth day of August 1878 at Linslade in the County of Buckingham was proved in the High Court of Justice in the District Registry attached to the Probate Division thereof at Oxford of by the Oath of John Matthews of Guilsborough in the County of Northampton, Carpenter, the Brother of the deceased one of the Executors named (in the said Will) he having been first sworn duly to administer. Thomas Wright, the other Executor named in the said Will, having renounced the Probate and execution thereof.
It is hereby certified that the above is a correct Copy.
Dated this Third day of October 1878.
Notes
William Matthews was aged 56 at his death. He was born on 4 July 1822 according to the Baptist register; he was the son of William (d.1860) and Mary (d.1856) Matthews and his father was deacon and trustee. He was the brother of Thomas Matthews who went to Australia and compiled Reminiscences of the Old Baptist Meeting House.
His brother John, the executor, moved to Guilsborough, Northants. William lived in Horn Street next to the family’s builder's yard with his wife Agnes Wright (from Scotland); they were married in Birmingham in 1849. She predeceased him in 1877 but he did not remake his will. They had two surviving sons who carried on the very successful firm of Matthews Brothers: William Thomas b.1852 and
Richard James b.1857.