Will of Ann Morecraft Fountain, 1824 (proved 1837)

Herts RO 264AW2

By the Permission of Almighty God I Ann Fountain heretofore Ann Morecraft Spinster and now Wife of Henry Fountain late of Newgate Market in the City of London Salesman but now of Watford in the County Hertford Gentleman being of sound and disposing mind memory and understanding by virtue of the power and powers authority and authorities to me given or reserved in and by a certain Indenture of settlement of three parts bearing date on or about the seventeenth day of April in the year one thousand eight hundred and twelve and made between the said Henry Fountain of the first part me the said Ann Fountain (by my then name of Anne Morecraft) of the second part and John Morecraft of Winslow in the County of Bucks Butcher and Stephen Neate of Newgate Market in the City of London Butcher of the third part made previous to my marriage with the said Henry Fountain my husband and of all and every power . . . and authority . . . anywise enabling me thereunto do by this my last Will and Testament \or writing purporting to be my last Will and Testament/ by me duly signed sealed published and declared in the presence of the persons whose names are hereunto subscribed as witnesses thereto give devise bequeath direct limit and appoint unto my Nephew the said John Morecraft (son of my late brother Thomas Morecraft) all that my copyhold messuage or tenements (formerly three Messuages or tenements) situate and being in Great Horn Street in Winslow aforesaid formerly in the several tenures or occupations of Ann Goatman Widow John Cheney and Catherine Norman Widow late of me the said Ann

[p.2] Fountain and now of Mary Marsh Widow her undertenants or assigns and also all that part of the Wood House or outhouse that is now or late was used with the said messuage or tenement and also all that my copyhold close of pasture ground situate and being in Winslow aforesaid called Crocketts Close with the rights members and appurtenances thereunto respectively belonging to hold the same and every part thereof unto and to the use of the said John Morecraft his heirs and assigns for ever subject nevertheless and I do hereby charge and make liable the same to for and with the payment of the legacy or sum of thirty pounds of lawful British  money to my Nephew Thomas Morecraft (son of my said late Brother Thomas Morecraft) and which I do hereby give and bequeath unto my said Nephew Thomas Morecraft accordingly and direct the same to be paid to him within twelve calendar months next after my decease provided always and my mind and will is that in case the said John Morecraft and Stephen Neate or the survivor of them his heirs executors and administrators shall under or by virtue of the said Indenture of Settlement hereinbefore mentioned be called upon and compelled to sell the said copyhold estates and premises which (so far as I lawfully or equitably can or may) I so desire and direct that they or any or either of them may not be I do hereby direct that the whole of the money by such sale or sales of my said copyhold estates . . .  with the rents issues and profits thereof in the mean time (except thirty pounds part thereof which in such case I direct to be paid to my said Nephew Thomas Morecraft in lieu of the legacy of thirty pounds by me hereinbefore given and bequeath unto him may from and immediately after my decease be detained possessed and enjoyed by my said Nephew John Morecraft his heirs and assigns in the same manner and form as he and they respectively might could should or ought under or by virtue of this my Will to have held possessed or enjoyed my said copyhold estates if such sale . . . thereof had not taken place or as near thereto as the nature of the case and circumstances will admit and I do will and desire the same money if it shall so arise as aforesaid to be paid transferred or assigned to the said John Morecraft his heirs and assigns accordingly by my said trustees anything herein contained to the contrary thereof in anywise notwithstanding also I give . . .  unto my Niece Ann the Wife of John Fountain one hundred and thirty pounds part of my stock in the new three pounds ten shillings per centum consolidated bank annuities which I direct to be assigned and transferred to my said Niece Ann Fountain for her own separate use and not the said John Fountain her husband my intention being that the same shall be for her own personal and separate benefit and not to be subject or liable to the controul debts or engagements of her said husband John Fountain and I do direct that the . . . receipts of . . . Ann Fountain alone notwithstanding her present coverture shall be good and sufficient discharge . . . to my said executors and the survivor of them his executors or administrators for so much money as in or by such . . . receipts shall be expressed to be received also I give . . .  unto my said Nephew Thomas Morecraft son of my late Brother Thomas Morecraft the additional legacy . . . of one hundred and thirty pounds further part of my said stock in the said . . . consolidated bank annuities unto my Nieces Mary the Wife of John King of Barnhill in the Parish of Whaddon in the said County of Bucks Dairyman and Elizabeth the Wife of George King of Winslow aforesaid Grocer one hundred and fifty pounds each further part of my said stock unto my Nephews George Morecraft and James Morecraft sons of my late brother Thomas Morecraft and my Nephew John Morecraft late of Abbotts Langley one hundred pounds each . . . which I direct may be transferred to my said Nephews and Nieces respectively accordingly within twelve months next after my decease also I give and foregive unto my Nephew John Morecraft of Haddenham the sum on fifty pounds due from him to me with all interest thereon and direct that the security I now hold against him for the said sum

[p.3] of fifty pounds be given and delivered to him by my executors hereinafter named in order that the same may be cancelled and destroyed in like manner as if the said John Morecraft of Haddenham had paid and discharged the whole of the principal and interest monies due on the said security also I give . . .  unto the said John Morecraft of Haddenham fifty pounds . . . and direct the same to be transferred to him within twelve calendar months next after my decease and in case of the decease or deceases of any or either of my said Nephews and Nieces hereinbefore respectively named before their said several legacies by me hereinbefore given . . .  to them shall become due and payable and without leaving any child or children of his her or their body or respective bodies lawfully begotten him her or them surviving I do direct that the same shall be paid and divided unto and amongst all and every the survivors of my said Nephews and Nieces . . .  as shall be then living equally share and share alike and to whom I do hereby contingently give and bequeath the same accordingly and my mind and my will is that in case I shall not at the time of my decease have a sufficient stock or placed out in the name of myself or the names of the said John Morecraft of Winslow and Stephen Neate in the said new three pounds ten shillings per centum consolidated bank annuities to answer pay and satisfy the several legacies by me . . . given . . . . by such transfer or sale of such stock then that my executors and trustees . . . so pay unto my said several legatees in lieu thereof such sum or sums of lawful British money as shall be equal and equivalent thereto at the rate and in proportion to the average price of the said per centum bank stock shall then sell for I also give . . . unto my sister in law Ann Morecraft the Widow of my said late brother Thomas Morecraft the legacy or sum of ten pounds of lawful british money and direct the same to be paid to her as soon as conveniently may be after by my decease by my executors . . . also I give . . . unto my great Nieces Elizabeth Ann Jones and Nancy Morecraft Jones (the daughters of my late Niece Ann the Wife of George Jones the younger) the legacy . . .of nineteen pounds nineteen shillings each . . . to be paid to them respectively on their attaining the age of twenty one years and in the mean time from and after my decease and until they shall respectively reach such age I direct the legacies . . . to be placed in some bank for savings on their account that the same may accumulate for their benefit with benefit of survivorship amongst them as to the legacy of either of them dying under such age and without issue but in case my great Nieces shall both depart this life under the age of twenty one years and without issue then I give . . . the two last mentioned legacies . . . with the accumulations thereof (if any) unto such of my Nephews and Nieces hereinbefore still then living equally between them  share and share alike immediately after the decease of the survivor of them the said Elizabeth Ann Jones and Nancy Morecraft Jones without issue as aforesaid also I give . . . unto my said Niece Ann Fountain my silver Snuff Box which I direct to be delivered to her by my executors . . . as soon as conveniently may be after my decease also I give . . . unto my said Nieces Mary the Wife of John King and Elizabeth the Wife of George King all my wearing apparel and ornaments of my person household goods and furniture plate linen and china and direct the same to be divided between them equally . . .  And to all the Rest and Residue of my personal Estate and Effects whatsoever and wheresoever not hereinbefore by me otherwise disposed  of and over which I have a disposing power or what shall be and remain thereof after . . . discharging all such debts as I shall justly owe at the time of my decease my funeral and testamentary

[p.4] expences and the several legacies . . . and stock by me hereinbefore given . . . I give . . . the same and every part thereof unto my said Nephew John Morecraft (son of my late brother Thomas Morecraft) and my said Niece Mary the Wife of the said John King equally to be divided between them . . . and I do nominate and appoint my said Nephew John Morecraft of Winslow and the said John King joint Executors of this my last Will and Testament and I do hereby declare that my said executors or either of them or the survivor his executors or administrators shall not be charged or chargeable with or answerable or accountable for any more of the trust property than what he actually shall receive or with or for any loss or misapplication thereof or any part thereof so as the same shall happen without his wilful neglect or default nor shall either be answerable or accountable for the other of them but each of them for himself and his own acts deeds receipts payments defaults and neglects only and that it shall be lawful for them my said executors and each of them and the executors . . . of the survivor of them . . . out of the said trust property to deduct and reimburse themselves of all such loss costs charges damages and expences as they or either of them shall or may bear sustain expend or be put unto by reason or means on account of the execution or performance of the trusts hereby reposed in them in any respect whatsoever and I do hereby revoke and make void all former and other wills by me at any time heretofore made and declare this only to be my last Will and Testament In Witness whereof I the said Ann Fountain the testatrix have to the four first sheets of this my last Will and Testament contained on five sheets of paper set my hand only and to this fifth and last sheet thereof my hand and seal this twentieth day of December in the year of our Lord Christ one thousand eight hundred and twenty four Ann Fountain [signature] Signed sealed published and declared by the said Ann Fountain the testatrix as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed out names as witnesses thereto Willm. Jennings [signature] Corn Dealer Watford Herts Ann Grahme [signature] Watford Mary Jennings [signature] Wife of the above Willm. Jennings

Proved at London 15th Novr 1837 before the Judge by the Oaths of John Morecraft the Nephew of the Nephew & John King the Executors to whom Adm(inistrati)on was granted limited so far as concerns all the right title & interest of the deceased in & to a certain sum of £200 three per cent consolidated bank annuities & certain Bonds Promissory Notes Book & Other debts & stock in trade or the stocks funds & securities wherever the same may be now invested & the savings increase & accumulations thereof arising and the interest & dividends now due & to grow thereon which by virtue of a certain Indenture of Settlement bearing date the 17th April 1812 she the said testatrix had a right to dispose of & hath disposed of by her will accordingly but no further or otherwise or in any other manner whatsoever they having been first sworn by Com(missi)on to administer

Notes

Ann was baptised in 1750 and buried at Winslow in 1836 aged 85. She married Henry Fountain at St Augustine's, Watling Street, City of London, on 19 April 1812. He was a widower of the parish of St Faith's. Stephen Neate was one of the witnesses. She was a substantial property owner, hence the marriage settlement to which the will refers. A married woman could not normally make a valid will at this date.

Ann's brother was Thomas Morecraft, butcher, will proved 1807, and her sister-in-law was Ann Morecraft nee Gibbs, will proved 1828. Her father was Thomas Morecraft sr, butcher, buried at Winslow in 1793. Thomas Morecraft of Swanbourne, butcher, aged 27, married Ann Boulten of Winslow, aged 26 in 1742; they must have set up home in Winslow as they had a son s baptised there in 1744. He was baptised at Swanbourne in 1715, son of William.

Henry Fountain's will was made in 1824 and proved in 1825 (National Archives, PROB 11/1700/393). He was described as gentleman of Watford. He made his sons-in-law Stephen Neate and Joseph Tanner trustees. He left £1,000 in 4% annuities in trust for "my dear wife Ann Fountain" to receive the interest, as well as a legacy of £50, "the bed bedstead and furniture thereunto belonging on which we now sleep my silver tea pot and stand and one third of my household linen." He mentions his daughters Ann and Jane Fountain, Sarah Neate, Elizabeth Griffin and Mary Tanner; sons Henry, Benjamin, Joseph and John Fountain; John's wife Ann Fountain (see below). He evidently did not envisage his widow staying in his house, and she may have returned to Winslow.

Great Horn Street: This house was in Church Street, now the Old Homestead / Abbot's House.

Crocketts Close: This was on the west side of the High Street north of Vicarage Road. Ann inherited it in 1790 from her aunt Mary Crockett.

my Niece Ann the Wife of John Fountain: Ann Morecraft of Winslow married John Fountain of St John, Clerkenwell, in 1807. Presumably that was the origin of the connection which led to her aunt's marriage to her father-in-law. She must have been the daughter of a brother other than Thomas. According to her will (made 1844, proved 1845, National Archives PROB 11/2025/152) she lived at 80 Goswell Street, St Luke's (William Budd, originally from Winslow, lived in the same street). She left £150 to Ann Morecraft the widow of her brother John; £50 to Mary Harris who lived with her; 19 guineas to Mary Style of Haddenham; £10 to her servant Elizabeth Hicks; everything else to her friend Jane Neate who lived with her.

Copyright 18 March, 2019