Will of Joseph Neal, innholder and dairyman, 1839 (proved 1842)

National Archives, PROB 11/1965/379

This is the last Will and Testament of me Joseph Neal of Winslow in the County of Bucks Innholder and dairyman First I direct that all my just debts and funeral expences and the charges of proving this my Will may be paid with all convenient speed after my decease by and out of my personal estate and effects and in case such personal estate and effects shall be insufficient for that purpose by and out of my real estate hereinafter given and devised and I charge the same real estates with the payment thereof accordingly and I give and devise unto my brother in law William Flowers and my friend Samuel Cole of the parish of Winslow aforesaid dairyman All and every my freehold copyhold and other messuages cottages lands tenements hereditaments and real estate whatsoever and where-
[p.2] soever whereof or wherein I or any person or persons in trust for me have or hath any estate of freehold or inheritance in possession reversion remainder or expectancy and which I have power to dispose of by this my Will with all and every of their rights members and appurtenances and all my estate right and interest therein To have and to hold the said messuages cottages closes \lands tenements/ hereditaments and premises with their appurtenances but charged respectively as the same respectively do now stand charged unto the said William Flowers and Samuel Cole or the survivor of them or the heirs executors administrators or assigns of such survivor 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 but with the consent in writing of my Wife Rosetta Joan Neal if she shall be living and shall so long continue my Widow absolutely sell and dispose of the said messuages cottages lands tenements hereditaments real estate and premises with their appurtenances either by public auction or private contract and either together or in parts as they or he my said trustees or trustee shall think fit and for such price or prices as to them or him shall seem reasonable with liberty for them or him to buy in the same or any part thereof at any Auction and to resell the same at some future Auction or by private contract as to them or him shall seem meet without being answerable for any loss that may arise by reason of such resale And I declare that the monies which shall arise from the sale of the said hereditaments and premises hereinbefore devised 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 residuary personal estate and effects hereinafter bequeathed And I declare that in the meantime and until the said 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 to and in which the interest or dividends and annual produce of the monies to arise from the sale of the said hereditaments and premises would be payable and applicable by virtue of this my Will if the same hereditaments and premises were actually sold and the monies produced thereby were invested as hereinafter is mentioned And I declare that if the said hereditaments and premises hereinbefore devised or any of them or any part thereof shall at any time before the same shall be so sold as aforesaid become untenanted it shall be lawful for the said William Flowers and Samuel Cole or the survivor of them or the heirs executors administrators or assigns of such survivor by deed to demise or lease the premises which shall for the time being be untenanted to any person or persons whomsoever for any term or number of years not exceeding seven years to be computed from the making thereof so that there be contained in every such lease or demise a condition for reentry on nonpayment of the rent or rents thereby reserved for the space of twenty one days next after the same becomes payable and so that the lessee named therein do thereby covenant for payment of the said rent and do execute a counterpart thereof And whereas I now carry on business as an Innkeeper and dairyman and I am desirous that the said businesses or either of them or any other business or trade in connexion therewith or any branch thereof respectively may at the option of my said Wife Rosetta Joan Neal be carried on after my decease during such part of her natural life as she shall continue my Widow for the benefit of herself and my family as well by her as by my late Wife Sarah Neal deceased Now therefore I give and bequeath the said businesses and all my interest therein and in the use and occupation of any messuages farms lands tenements hereditaments and premises now or hereafter to be held occupied or employed therein and all my stock utensils implements and effects now or hereafter to be employed therein for carrying on the said businesses or either of them or any other business or trade in connexion therewith or any branch thereof respectively and all sum and sums of money and debts which shall be due and
[p.3] owing to me at the time of my decease in respect of the said businesses or either of them or any branch thereof respectively with all and every of their appurtenances unto the said William Flowers and Samuel Cole their executors administrators and assigns Upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter declared concerning the same (that is to say) Upon trust that they the said William Flowers and Samuel Cole or the survivor of them his executors administrators or assigns do and shall if my said Wife Rosetta Joan Neal shall be desirous so to do permit and suffer my said Wife during her life or such part thereof as she shall continue my Widow but under and subject to the direction and control of the said William Flowers and Samuel Cole and the survivor of them or the executors administrators or assigns of such survivor to carry on manage and conduct the said businesses or either of them or any other business or trade in connexion therewith or any branch thereof respectively And I hereby authorise and empower my said Wife Rosetta Joan Neal if she shall so think fit during such time as she shall continue my Widow to carry on and I direct that she shall have the management of the said businesses or either of them or any branch thereof respectively and shall in all things carry on and conduct the same according to the best of her judgement but under and subject to such direction and control as aforesaid as I might or could have done if I were living and acting therein And that it shall be lawful for the said William Flowers and Samuel Cole and the survivor of them and the executors and administrators of such survivor to enter into contracts or agreements respecting the said businesses or either of them as they or he shall think proper And that it shall be lawful for the said William Flowers and Samuel Cole and the survivor of them his executors administrators and assigns to increase or diminish the concerns of the said businesses from time to time and for that purpose to take rent and occupy any houses or land or resign the occupation of any of the houses or land which may from time to time be occupied for the purposes of such businesses and out of the profits of the said businesses to make all such purchases for the benefit of the said concern as they or he shall think proper to adjust and settle and if necessary compound and compromise all accounts debts and sums of money owing to me or from me relating to the said businesses or either of them or any branch thereof respectively to discontinue the said businesses or either of them wholly or partially with the consent of my said Wife Rosetta Joan Neal during her Widowhood as shall seem most advantageous for the persons interested in the same under this my Will to hire use and employ all necessary servants laborers assistants and workmen with such Salaries and Wages as they or he shall think proper and do all such other matters and things for the benefit of the said business and execute all such acts and deeds relative thereto as they or he shall think fit and as if they or he were or was absolutely entitled to the said businesses And as to the clear gains and profits arising from the said businesses I hereby direct that the said William Flowers and Samuel Cole and the survivor of them his executors and administrators do and shall stand possessed thereof Upon trust to apply the same from time to time to and for the same person or persons purpose or purposes as are hereinafter declared respecting the residue of my personal estate And I hereby give and bequeath unto the said William Flowers and Samuel Cole their executors administrators and assigns all the rest and residue of my Estate and Effects. And I direct that they shall stand and be possessed of and interested in the same estate and effects and also of and in my said businesses and the stocks utensils implements effects and deeds belonging or relating thereto from and after the decease of my said Wife Rosetta Joan Neal at the time of her marrying again or the respective time or times of her wishing either wholly or partially to discontinue business as aforesaid Upon trust that they the same William Flowers and Samuel Cole and the survivor of them and the executors administrators and assigns of such survivor do and shall as soon as conveniently may be sell dispose of and convert into money so much thereof as shall not consist of money
[p.4] or securities for money as shall be in its nature saleable and collect get in and receive the residue thereof And do and shall stand and be possessed of and interested in the monies to arise therefrom upon and for the trusts intents and purposes and under and subject to the powers provisoes agreements and declarations hereinafter declared concerning the same (that is to say) Upon trust that they the said William Flowers and Samuel Cole and the survivor of them and the executors administrators and assigns of such survivor do and shall as soon as can conveniently may be after my decease by with and out of the same pay and satisfy all the debts which I shall justly owe at the time of my decease my funeral expences and the costs and charges of proving and establishing this my Will and carrying the same into execution And do and shall lay out and invest the residue of the said monies 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 when and as often as they or he shall think fit And do and shall stand and be possessed of and interested in the said trust monies stocks funds and securities and the interest dividends and annual produce thereof Upon and for the trusts intents and purposes and under and subject to the powers provisoes agreements and declarations hereinafter declared concerning the same (that is to say) Upon trust to pay the interest and dividends and annual produce of the said trust monies stocks funds and securities unto and permit the same to be received by my said Wife Rosetta Joan Neal during her life (if she shall so long continue my Widow but not otherwise) and also such proportionate part thereof as I shall accrue and become due between the time of the said investment or last payment and her decease or marrying again she to apply the same in supporting maintaining and education all and every my child and children either by her or by my late Wife Sarah Neal deceased who shall be living at the time of my decease or be born in one time thereafter in a manner suitable to their rank and circumstances And from and after the decease of my said Wife Rosetta Joan Neal or the time of her marrying again which shall first happen Upon trust for all and every my present and future born children and child as well by my said present wife as by my said late wife Sarah Neal deceased or such of the said children as shall attain the age of twenty one years or die under that age leaving issue of his her or their body or respective bodies and their respective executors administrators and assigns for their absolute use and benefit in equal shares as tenants in common Provided always and I do hereby declare that after the decease of my said Wife Rosetta Joan Neal or the time of her marrying again which shall first happen and during such time as my said Children or any of them or the issue of any of them who may have died 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 Children or issue respectively shall be for the time being entitled 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 Provided always and I do hereby further declare that it shall be lawful for the trustee or trustees for the time being at any time or times during the Widowhood of my said wife Rosetta Joan Neal with her consent and after the decease or marriage at their or his discretion to raise and apply the whole or any part of the shares to which the said child or children shall for the time being be entitled under the trusts and provisions herein before declared and contained for or towards his her or their preferment advancement or benefit And I appoint the said William Flowers and Samuel Cole Executors of this my Will And I appoint the said William Flowers and Samuel Cole and the survivor of them jointly with my said wife Rosetta Joan Neal during her Widowhood Guardian and Guardians of the persons and
[p.5] estates of my child or children during his her or their minority or respective minorities And I do hereby declare that the receipt or receipts of the said William Flowers and Samuel Cole or the survivor of them or the executors or administrators of such survivor for any sum or sums of money payable to them or him under or by virtue of the trusts of this my Will shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same or so much thereof respectively as in such receipt or receipts shall be expressed or acknowledged to be received And that the person or persons to whom the same shall be given his her or their executors administrators or assigns shall not afterwards be answerable or accountable for any losses misapplication or nonapplication or be obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received or any part thereof Provided always and I hereby declare that if the trustees appointed by this my Will or to be appointed under this present provision or any of them or their or any of their heirs executors administrators or assigns shall die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in the reposed as aforesaid before the same shall be full executed then and in every such case it shall and may be lawful to and for the said trustees or the surviving or continuing trustee appointed by this my Will whether they or he shall accept the trusts thereof or shall renounce the same or for the trustees or the surviving or continuing trustee to be appointed under this present provision or for the executors or administrators of such last surviving or continuing trustee by any deed or deeds instrument or instruments to be by them him or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to nominate and appoint any fit person or persons to be a trustee or trustees in the room or place of the trustee or trustees so dying or desiring to be discharged or becoming unwilling or incapable to act as aforesaid And that when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid all the trust estates monies and premises or such of them as shall then be subject to the trusts and provisions aforesaid which shall have vested in such trustees or trustee so dying desiring to be discharged or becoming unwilling or incapable to act as aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred so and in such manner as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustees or trustee as occasion shall require to the uses and upon and for the trusts intents and purposes hereinbefore expressed and declared or such of them as shall be then subsisting and determined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have and be entitled to exercise the same powers and authorities as if he or they had been appointed a trustee or trustees of this my Will Provided always and I do hereby further declare that the trustees of this my Will hereby appointed and to be appointed as aforesaid and each and every of them and each and every 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 or any of 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 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 losses 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 Cotrustees or Cotrustee all costs charges damages expences 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 In Witness whereof I the said
[p.6] Joseph Neal the testator have to every sheet of this my last Will and Testament contained on five sheets of paper set my hand this twenty seventh day of March in the year of our Lord one thousand eight hundred and thirty nine

Joseph Neal

Signed by the said Joseph Neal 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.
J(oh)n Cowley                   Char(les) Willis

Proved at London 26th July 1842 by the Oaths of William Flowers and Samuel Cole Executors to whom Administration was granted.


Notes

Joseph Neal ran The Bell from 1814. His first wife Sarah Flowers (b.1793), whom he married in 1815 at North Marston, was presumably related to John Flowers of Beachampton who owned the freehold. After she died in 1826 or earlier he married her sister Rosetta, another daughter of William and Sarah Flowers - but they can't have been legally married as marriage to a deceased wife's sister was only legalised in 1907. Joseph bought the property in the early 1830s, and probably built the present frontage.

Despite its length, the will gives no details of his family - perhaps the technical illegitimacy of some of them meant that it was safer to rely on the trustees, one of whom was their uncle. The 1841 Census shows that Joseph had at least 5 children (there was also a son John who became a jeweller in London and was instrumental in founding the Baptist Tabernacle in Winslow). After he died, his eldest son William seems to have run The Bell (he came home from London in 1839 when Joseph was taken ill) while his widow Rosetta continued the farming business. Another two generations of Neals later ran The Bell.

Joseph Neal died on 11 Feb 1842, aged 54. His widow Rosetta (b.1803 at North Marston) was still living at The Bell in the 1851 Census, but apparently remarried in London in 1853.

Copyright 22 April, 2019