Will of William Selby-Lowndes of Winslow and Whaddon, esquire, 1837 (proved 1840)

National Archives, PROB 11/1936/200

This is the last Will and Testament of me William Selby Lowndes of Winslow and of Whaddon Hall \in the county of/ Bucks Esquire I give and bequeath unto my dear Wife Ann Eleanora Isabella Selby Lowndes the sum of two thousand pounds to enable her to purchase plate linen and furniture when she quits Whaddon or otherwise for her immediate use and benefit And I direct that the same sum be raised out of my personal Estate and paid to her as soon as

[p.2] conveniently can be after my decease  I also give to my said Wife my Carriage and Carriage Horses with their Harness  I give to my dear Daughter Maria Lowndes the sum of fifty guineas as a token of my affection and do not give her more being amply provided for out of the Family estates in Winslow  I give and bequeath unto my eldest Son William Selby Lowndes Esquire all and singular my household goods furniture fixtures and other effects of that nature of and belonging to my Mansion House and Offices called Whaddon Hall and also all my ornamental and other china glass linen Wines Liquors pictures prints plate books and manuscripts whatsoever which may be therein or in my house at Winslow at my death and also all my Personal Estate and Effects whatsoever and wheresoever not hereby or by any Codicil hereto otherwise disposed of subject nevertheless to payment of debts (except debts on mortgage whereof is hereafter provided for) legacies and Testamentary and funeral expences to hold to my said Son for his own absolute use and benefit I give … to my … eldest Son William Selby Lowndes my Manor of Calverton in the County of Bucks with its rights members and appurtenances to hold to my … son his heirs and assigns for ever  And Whereas I am under and by virtue of certain Indentures of Lease and Release and Assignment bearing date respectively the third and fourth days of June one thousand eight hundred and fourteen the Indenture of release being Indorsed on a certain Indenture of release and Mortgage bearing date the fourteenth day of April one thousand seven hundred and eighty eight thereinbefore recited or mentioned) made between John Ford Esquire of the one part and Sir Thomas Cotton Sheppard Baronet then Thomas Thomas Cotton Sheppard Esquire of the other part and under and by virtue of a certain Deed Poll and Declaration of Trust thereof under the hand and seal of … Sir Thomas Cotton Sheppard dated the thirty first day of October one thousand eight hundred and fourteen equitably entitled to the sum of ten thousand pounds \heretofore/ charged by my late Father William Selby Esquire on his Estates at Whaddon and Nash and elsewhere in the said County of Bucks (which now stand settled on me and my Issue male by my present Wife in the manner hereinafter mentioned) some time since paid off and satisfied by or in the name of the said Sir Thomas Cotton Sheppard with monies advanced by me for that purpose on an assignment of  such mortgage And Whereas by Indentures of lease and release … bearing date … twelfth and thirteenth days of August one thousand eight hundred and six the release made between my late Father … William Selby of the first part myself of the second part … Ann Eleanora Isabella my now Wife of the third part Thomas Hanmer therein described and the Reverend Thomas Lowndes therein also described of the fourth part Waldon Henry Hanmer therein described of the fifth part and … Thomas Cotton Sheppard of the sixth part (being the Settlement made previously to my marriage with my present Wife) all those the Manors or Lordships of Whaddon  Nash and Giffords Manor in Whaddon with their appurtenances in the said County of Bucks and the Park and Chase of Whaddon together with the several messuages or tenements cottages farms lands and hereditaments to the same Manors Park and Chase belonging and also several other farms lands and hereditaments in the Parishes of Whaddon Little Horwood and Mursley in the said County were conveyed and assured To the use (among others) of the said William Selby during his life without impeachment of waste with remainder to [extended space filler] Trustees during his life to preserve contingent remainders with remainder to the use of me

[p.3] the said William Selby Lowndes for life without impeachment of waste with remainder to Trustees during my life … with remainder to the use of … Thomas Cotton Sheppard his executors … for the term of five hundred years upon trust for raising at my death the sum of ten thousand pounds for the portions of the younger child or children of my said Marriage (of whom there are five now living and some of whom have attained their respective ages of twenty one years) with divers remainders over in favor of the first and other Sons of my said marriage in tail male  Now I do hereby give and devise unto Philip Duncombe Pauncefort \Duncombe/ of Great Brickhill in the County of Bucks Esquire and John Hall \Esquire/ a Major in Her Majesty’s first Regiment of life Guards all those my Manors or reputed Manors of Matching Barnes and Watermans otherwise Waters’s in the County of Essex with their rights members and appurtenances and also all and singular my messuages cottages farms Homesteads Lands tenements Woods Wood Grounds and underwoods Commons Roads Wastes and other lands Tythes and hereditaments whether freehold or copyhold situate lying and being in the parish of Hatfield Broad Oak or elsewhere in the said County of Essex and all other the freehold and copyhold estates in the said County of Essex of or to which I or any person or persons in trust for me am is or are seized or entitled for an estate of inheritance in fee simple in possession reversion remainder or expectancy or which I have power to dispose of or appoint by this Will for any \such/ estate with all and every the rights royalties members and appurtenances to my said several manors estates and hereditaments belonging or appertaining being my now divided moiety of the several estates remaining unsold heretofore of John Barrington of Hatfield Broad Oak aforesaid Esquire (which moiety lately descended to me as one of the Coheirs of the said John Barrington and has been since conveyed to the use of me my appointed heirs and assigns under and by virtue of certain deeds of partition dated the seventeenth and eighteenth days of April in the year of Our Lord one thousand eight hundred and thirty six made between me and William Lowndes of Chesham in the County of Bucks Esquire the other Coheir of the said John Barrington)  To have and to hold all and singular my said Manors or Lordships … hereinbefore devised with their rights royalties … unto and to the use of the said Philip Duncombe Pauncefort Duncombe and John Hall their heirs and assigns for ever upon and for the trusts intents and purposes hereinafter expressed and declared concerning the same (that is to say) upon trust that they the said Philip Duncombe Pauncefort Duncombe and John Hall or the survivor of them or the heirs or assigns of such survivor shall and do as soon as conveniently may be after my decease absolutely sell and dispose of my several manors estates and hereditaments so hereby devised either together or in parcels by public sale or auction or by private contract to any person or persons willing to become the purchaser or purchasers thereof for the best price or prices that can reasonably be obtained for the same and in such manner as they my said Trustees or the survivor of them … shall think proper and for facilitating such sale or sales of my said Manors Estates and hereditaments I declare that the \receipt or/ receipts of my said Trustees or the survivor of them his heirs or assigns shall be a good and sufficient discharge … to any purchaser … of my said several estates and hereditaments or any part thereof for his or their purchase money and that such purchaser . . . shall not be called

[p.4] upon or bound to see the application nor to be answerable or accountable for any loss  misapplication or nonapplication of the monies which in such receipt … shall be expressed to be received  And I hereby direct that my said Trustees or the survivor of them … shall and do by and out of the monies to arise by such sale or sales pay and satisfy the costs charges and expences of preparing for and making the same and also the costs … which shall be incurred in and about the execution and performance of the trusts hereby created of and concerning the same and subject thereto shall and do stand possessed of and interested in the money to arise by such sale or sales in trust thereout to lay out and invest in the name or names of the said Philip Duncombe Pauncefort Duncombe and John Hall or the survivor of them … the sum of five thousand pounds English Sterling money in some of the Public Stocks or funds of Great Britain or at interest upon Government or real securities in England such several stocks securities or funds from time to time to be altered varied and transposed in or upon stocks funds or securities of the same or the like nature when and so often as the Trustees … shall in … their discretion but with the consent in writing of my said Wife during her lifetime think proper and shall and do pay the interest dividends and annual produce of such stocks … as they shall respectively become due into the proper hands of my … Wife Ann Eleanora Isabella Selby Lowndes during her natural life for her own use free from the debts controul or engagements of any husband with whom she may intermarry after my death and I declare that her receipt alone shall be a good and sufficient discharge for the same respectively provided however and I hereby declare that it shall be lawful for the Trustees … of the said sum of five thousand pounds or \of/ the funds or securities in which the same may stand invested at any time … during the joint lives of my said Wife and oldest Son and such Trustees are hereby directed when thereunto required by my said Wife and oldest Son by any writing under their hands to sell the funds or call in the securities in which the said sum of five thousand pounds may then be invested or any part thereof and to lay out or invest the money to arise by such sale … in the purchase of freehold messuages lands tenements or hereditaments of a clear and undefeazible estate of Inheritance in fee simple in possession to be situate near or desirable to be held with \and/ as part of my Whaddon and Winslow Estates which premises so to be purchased shall be conveyed to the use of my said Wife and her assigns during her life without impeachment of waste (with power for her to Grant leases thereof at the most improved yearly rents for any term or terms not exceeding twenty one years in possession) and from and after her decease to the several uses upon the trust and for the intents and purposes to which my said Whaddon or Winslow Estates or the one to which such purchased lands shall be intended to be added shall then stand settled by the existing settlement thereof provided Also and I hereby further declare that if the messuage … to be purchased as aforesaid and the clear rents and profits thereof shall not produce and amount in  income to the interest and dividends of the stock or securities which shall have \been/ sold to make the purchase then I hereby direct that my said Son and his successors their executors or administrators shall yearly and \in/ every year during the remainder then to come of the life of my said Wife in which such yearly rents and profits shall fall short of the interest

[p.5] and dividends of the funds or securities which shall have been sold … pay … my said Wife or her assigns by half yearly payments on the days upon which such rents profits and dividends shall become payable such yearly sum as with such rents and profits will make up the full amount of the interest and the dividends of  the funds or securities which shall have been so sold as aforesaid  And upon trust in the next place and I hereby direct my said Trustees … to pay and apply so much more of the monies to arise by such sale … of my estates as shall be sufficient to pay off … the mortgage for ten thousand pounds … to be charged on my … Whaddon Estates and to \be/ now vested in … Sir Thomas Cotton Sheppard in trust for me and also the sum of ten thousand pounds so charged on the same estates  by and under my … marriage Settlement for the portions of my younger children … to be divided by the Trustees … among such children … and which mortgage and sum of ten thousand pounds and ten thousand pounds I hereby … direct shall be paid off … in full exoneration of … Whaddon and other Estates therefrom … and released therefrom by me for the benefit of the persons who shall succeed thereto … after my death under the limitations  … contained in a certain Indenture of resettlement of the same several estates bearing date the thirteenth day of April one thousand eight hundred and thirty two under a recovery suffered thereof by my eldest son William Selby Lowndes And as to the then residue and surplus of the monies to arise by such sale of my said Manors and Estates after raising and paying several sums of money hereinbefore mentioned and all expences which shall attend the … same … (subject to any charges I may hereafter create thereon) and as to the said mortgage money of ten thousand pounds at present charged upon my said Whaddon Estates and so directed to be paid off and charged as aforesaid and which I hereby bequeath to them for the purpose I hereby direct that my Trustees … do pay the sum of eight thousand pounds part thereof to or for each of my younger Sons Thomas William Selby Lowndes Richard William Selby Lowndes Henry William Selby Lowndes and Charles William Selby Lowndes (subject nevertheless as hereinafter directed) or to the issue of any .. or either of my said Sons who may happen to die in my lifetime (such issue to be entitled to and take the share only to which the deceased parent would have been entitled therein if living and which I direct to be paid to him her and them accordingly on attaining their respective ages of twenty one years) but I hereby direct that my said Trustees … shall deduct from the sum hereinbefore directed to be paid to my … son Thomas William Selby Lowndes and pay over to my oldest Son William Selby Lowndes the sum of one thousand one hundred and forty pounds which I have already \advanced/ out of money intended for my said Eldest Son and also any further money which I may thereafter advance and pay for the purchase of Commissions for or otherwise for the promotion of … Thomas William Selby Lowndes in the Army And I also direct that my Trustees … shall in like manner deduct from the sum hereinbefore directed to be paid to my … son Henry William Selby Lowndes and pay over to my … eldest Son the sum of two thousand and ninety pounds which I have already advanced out of money intended for my … eldest son and also  any further money which I may thereafter advance…

[p.6]  [in connection with] Henry William Selby Lowndes in the Army  I … direct that my … Trustees … do pay … eight thousand pounds further part of the produce of such sales and mortgage money as aforesaid unto the Trustees of the Settlement made on the marriage of my … Son Edward William Selby Lowndes with Miss Mary Elizabeth Hartman in satisfaction and discharge of the sum of eight thousand pounds with which sum I have charged certain parts of my … Essex Estates by way of mortgage for the benefit of them and their children such several sums of eight thousand pounds hereinbefore directed to be paid to or for my said younger sons … making with the sum of two thousand pounds to which each of them will presumptively be entitled at my death of the portion of ten thousand pounds at present charged on my said  Whaddon Estates and directed to be paid off as aforesaid the sum of ten thousand pounds intended by me as a provision for each of my younger children And I hereby direct that the then surplus of the produce of the sales of my said Manors and estates and of the mortgage money of ten thousand pounds charged on my Whaddon estate and to be paid off after the several appropriations and payments hereinbefore  directed to be made and paid including five thousand pounds or the securities for the same to fall in at the death of my … Wife in case the same shall not have been invested in the purchase of messuages or land shall fall into and be considered as part of my residuary Personal Estate for the benefit of my … eldest Son to whom I hereby give … the same for  his own use and benefit provided always … the Trustees of the trust estates and premises … vested in them [provisions follow in the event of death, requests to be discharged, refusal or incapability of existing Trustees, for future replacements to be appointed, takes up the remainder of the page].

[p.7] [Continuation of various fairly standard clauses relating to duties, powers and limitations to liability for present and future Trustees takes up the first two thirds of this page leading up to ] … And I nominate and appoint the said Philip Duncombe Pauncefort Duncombe and the said John Ball Executors of this my Will And lastly I hereby revoke any former 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 William Selby Lowndes the Testator have to this my last Will and Testament and to a Duplicate hereof each contained in eight sheets of paper set my hand and seal (that is to say) to the first seven sheets hereof my hand and to this eighth and last sheet hereof my hand and seal this twenty fourth day of August in the year of our Lord One thousand eight hundred and thirty seven

[signed] W Selby Lowndes
Signed sealed published and declared by the said William Selby Lowndes 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 have hereunto subscribed our names as Witnesses thereof the Words “and which I hereby bequeath to them for the purpose” having been first interlined in the fifth sheet hereof
Robt L Appleyard Lincolns Inn London Gent
Jno Danby Christopher No.1 New Sqr Lincolns Inn Sol(icito)r
Edward Pike Clerk to Mr Appleyard

Proved at London 12th November 1840 before the Judge by the Oaths of Philip Duncombe Pauncefort Duncombe Esquire and John Hall Esquire the Executors


Notes

William Selby-Lowndes (1767-1840) was the eldest son of William Lowndes (1735-1813) who took the name Selby to inherit Whaddon Hall and estate under the will of Thomas James Selby. See Winslow Hall for more information. He changed his name to Selby-Lowndes after his father died. He was MP for Bucks 1810-20; see his biography on the History of Parliament website. He also has his own Wikipedia page. The property at Hatfield Broad Oak in Essex came to him and his cousin William Lowndes of Chesham from John Shales Barrington, whose sister was Richard Lowndes' wife and William Selby-Lowndes' grandmother.

He married first in 1795 at Thornton, Maria Sheppard (1776-98), daughter of Thomas Sheppard of Thornton Hall (William was described as "of Whaddon-hall"). They had one child:

Then in 1806 he married Ann Isabella Hanmer (1778-1852) at Simpson; she was daughter of Rev. Graham Hanmer from the family who owned the manor of Simpson in the 18th century. She was still living at Whaddon Hall in 1841. Their children were:

Copyright 12 October, 2018