John Christopher Mansel 1839

I John Christopher Mansel of Cosgrove in the County of Northampton Esquire hereby devise all my real Estate to my friend William Ward of the Middle Temple London Esquire and Charles Markham of Northampton Gentleman and their heirs upon trust in the first place to raise by mortgage or sale so much money as they shall think necessary for the payment of my debts (whether owing by written security or simple contract) of the legacies hereby given (except the legacy of £4000 pounds hereinafter mentioned) and of my funeral testamentary and other expences of this my Will and for this purpose I give direction to my said trustees or the survivor of them to select and mortgage or sell (one or both) so much and such part or parts of my real Estate at such time all times and in such manner and for such sum or sums as they shall deem proper and most advisable And it is my Will that each and every receipt of my said trustees or the survivor of them shall be a sufficient discharge and exoneration for so much money expressed therein to be raised to each and every mortgagee or purchaser of any part all parts of my real estate And subject as aforesaid I will that my said trustees standard seized of all my real estate to the uses following that is to say To the use of my Wife Maria Antonia Mansel during her life she keeping my Mansion House in good and sufficient repair to which repair as well as any other repairs or improvements on my real estate I empower her to take therefrom from time to time timber and other materials and from and after the decease of my said Wife Then (subject nevertheless to the charge of £4000 hereinafter mentioned) for the use of the first Son of the body of me the said John Christopher Mansell on the body of the said Maria Antonia Mansel to be begotten and of the heirs male of such Son lawfully issuing and for default of such issue then to the use of the second third fourth and of all and every other Son and Sons of the body of me the said John Christopher Mansell on the body of my said Wife to be begotten severally successfully and in remainder one after the other as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and the heirs male of his body issuing being always to be preferred and to take before the younger of such Son and Sons and the heirs male of his and their body and bodies issuing and for default of such issue then to the use of all and every the daughters if more than one of the body of me the said John Christopher Mansel on the body of my said Wife to be begotten to be equally divided amongst them share and share alike and to take a tenants in common and not as joint tenants and of the several and respective areas of the bodies of all and every such daughters lawfully issuing and in case one or more such daughters shall happen to die without lawful issue of her or their body or bodies then as to the share or shares of them so dying to the use of the survivors or others of them share and share alike to take as tenants in common and of the several and respective heirs of their bodies lawfully issuing and encased all such daughters but one should happen to die without issue or if there shall be but one such daughter then to the use of such only daughter and the heirs of her body lawfully issuing and for default of such issue to the use of my brother Robert Mansel and his assigns to during his natural life without impeachment of waste (safe pulling down or suffering houses and buildings to fall without rebuilding them) and from and after the determination of that estate to the use of my nephew John Christopher Mansel Son of my said Brother Robert and his assigns during his natural life without impeachment of waste (save the as aforesaid) and from and after the determination of that estate by forfeiture or otherwise in the lifetime of my said nephew to the use of William Linskill of Park Square in the parish of Saint Mary le bone in the County of Middlesex Esqr and his heirs during the natural life of my said Nephew upon trust to support the contingent uses and estates hereinafter limited and to preserve the same from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my said Nephew and his assigns during his life to receive the rents issues and profits of my real Estate for his and their proper use and benefit and from and after the decease of my said Nephew to the use of the first and every other Son of my said Nephew lawfully to be begotten severally and successively and in remainder one after another in order and course as they respectively shall be in priority of birth and the heirs Male of the body and respective bodies of such Son and Sons issuing the elder of such Sons as the heirs Male of his body and issuing and be preferred to the younger of such Sons and the heirs Males of his and their body and respective bodies issuing and in default of such issue to the use of the second third and all and every other Son of my soul Brother Robert lawfully to be begotten severally successors be and in remainder one after another in order and course as they respectively shall be in priority of birth and the heirs male of the body or respective bodies of such Sons and Sons issuing the elder of such Sons and the heirs Male of his body issuing being always to take before and be preferred to the younger of such Sons and the heirs Male of his body and their body and respective bodies issuing And in default of such issue to the use of my Nephew Henry Longueville Mansel Son of my late Brother Henry Longueville Mansel and his assigns during his natural life without impeachment of waste save as the said four and from and after the determination of that estate by forfeiture otherwise in the lifetime of my said Nephew Henry Longueville to the use of the said William Linskill and his heirs during the natural life of my said nephew Henry Longueville upon trust to support the contingent uses and estates herein after limited and to preserve the same from being defeated or destroyed and for that purpose to make entries and bring attention as occasion may require but to permit my said Nephew Henry Longueville and his assigns during his life to receive the rents issues and profits of my real estate for his and their proper use and benefit and from and after the decease of my said Nephew Henry Longueville  To the use of the first and every other Son of my said Nephew Henry Longueville lawfully had to be begotten severally and successfully and in remainder and after another in order and course as they respectively shall be in priority of birth and the heirs Male of the body and respective bodies of such Son and Sons issuing the elder of such Sons and the heirs male of his body issuing being always to take before and be preferred to the younger of such Sons and the heirs male of his and their body and respective body is issuing And in default of such issue to the use of my nephew Robert Mansel second son of my aforesaid Brother Henry Longueville and his assigns during his natural life without impeachment of waste save as aforesaid and from and after the determination of that estate by forfeiture or otherwise in the lifetime of my said Nephew Robert to the use of the said William Linskill and his heirs during the natural life of my said Nephew Robert upon trust to support the contingent uses and estates hereinafter limited and to preserve the same from being defeated or destroyed and for that purpose to make entries and bringing attention as occasioned may require but to permit my said nephew Robert and his assigns during his life to receive the rents issues and profits of my real estate for his and their proper use and benefit and from and after the decease of my said nephew Robert to the use of the first and every other son of my said nephew Robert lawfully to be begotten severally and successively in remainder one after another and in order and course as they respectively shall be in priority of birth and the heirs male of the body and respective bodies of such Son and Sons issuing the elder of such Sons and the heirs male him for years body issuing being always to take before and be preferred to the younger of such Sons and the heirs male of his body and their body and respective bodies issuing and in default of such issue to the use of my a trustee Charles Markham and his assigns or during his natural life without impeachment of waste save as aforesaid and from and after the determination of that estate by forfeiture to otherwise in the lifetime of the said Charles Markham to the use of the said William Linskill and his heirs during the natural life of the said Charles Markham upon trust to support the contingent uses and estates hereinafter limited and to preserve the same from being defeated or destroyed and for that purpose to make entries and bringing attention as occasion may require but to permit the said Charles Markham and his assigns during his life to receive the rents issues and profits of my real estate for his and their proper use and benefit and from and after the decease of the said Charles Markham to the use of the first and every other Son of the said Charles Markham lawfully to be begotten severally and successively and in remainder and one after another in order and course as they respectively shall be in priority of birth and the heirs male of the body and respective bodies of such Son and Sons issuing the elder of such Sons and the heirs male of his body issuing being always to take before and be preferred to the younger of such Sons and the heirs male of his body their body and respective bodies issuing And in default of such issue to the use of Christopher Markham brother of the said Charles Markham and his assigns during his natural life without impeachment of waste save as aforesaid and from and after the determination of that estate by forfeiture or otherwise in the lifetime of the said Christopher Markham to the use of the said William Linskill and his or heirs during the natural life of the said Christopher Markham upon trust to support of the contingent uses and estates here in after limited and to preserve the same from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit the said Christopher Markham and his assigns during his life to receive the rents issues and profits of my real estate for his and their proper use and benefit and from and after the decease of the said Christopher Markham to the use of the first and every other Son of the said Christopher Markham lawfully to be begotten severally and successively and in remainder one after another in order and course as they respectively shall be in priority of birth and the heirs male of the body and respective bodies of such Son and Sons issuing the elder of such Sons and the heirs male of his body issuing being always to take before and be preferred to the younger of such Sons and the heirs male of his and their body and respective bodies issuing and in default of such issue to the use of my own right heirs
And from and after the death of my said Wife I had charge and make liable my real estate with and for the payment of the sum of four thousand pounds unto all and every the Child and Children of my said brother Henry Longueville Mansel lawfully begotten or to be begotten if more than one to be equally divided between them share and share alike the share or shares of such Child or Children being a Son or Sons to be paid assigned or transferred to him or them as and when he or they shall respectively attain his or their age or respective ages of twenty one years  And the share or shares of such of them as shall be a Daughter or Daughters to be paid assigned or transferred to her or them as and when they shall severally attain her or their age or ages of Twenty one years or being married respectively which shall first happen all such share as to be considered as personal property and vested interests from the time of my decease subject nevertheless and it is my will that in case any one or more of the said Children shall die before the time at which his her or their respective portions became payable without leaving any lawful issue then living the share or shares are regional and a crowing of all and every one so dying shall go among the survivors and survivor of them and be paid assigned and transferred in like manner as the original shares Provided always and my Will and meaning further is that it shall and may be lawful to and for all and every the person or persons respectively two home or two whose use my said estate is hereinbefore limited whom he or they respectively shall be or a entitled to be in the actual possession of my said estate by virtue of the limitations aforesaid by indenture or indentures under his or their hand and seal or hands and seals respectively to demise lease or grant all or any part all parts of my said estate whereof whereon he or they shall be in possession as aforesaid except my said mansion house gardens pleasure grounds lawns plantations and appurtenances unto my a person or persons whomsoever for any time or number of years not exceeding twenty one years to take effect in possession as aforesaid and not in reversion so as upon every such a lease so to be made there be reserved and continual payable quarterly to the person entitled to the premises by virtue of the limitations aforesaid according to the estate to them respectively limited the best and most improved yearly rents for the same and so as the respective leases of all and every such a lease and leases so execute counterparts of such a leases respectively And in case the servants next hereinafter named be in my service at the time of my decease I give them the following legacies viz  To Francis Gibbs my butler one hundred pounds To Mary Gibbs my housekeeper fifty pounds provided my said Wife shall find her deserving the same To Abraham Marriot my footman fifty pounds if nevertheless one more of the servants only having left my service shall not take away the right of the other or others of them to receive his her or their legacy or legacies and as I have charged the said three legacies on my real estate it being my intention to exonerate my personal property from the payment of all debts and legacies funeral testamentary and other expences and as they cannot be paid till my said trustees shall deem it expedient to raise money as hereinbefore directed I Will that the said three legacies be considered as vested from the time of my decease and carry interest from the expiration of the year after that time and I bequeath to my said trustee William Ward as a memorial any ten volumes of my books that he made choose I bequeath my money livestock wines and all other things of which the natural use consists in the expenditure sale or consumption to my said Wife for her own use and benefit and I bequeath all the rest and residue of my personal estate to my said Wife during her life and after her decease to go to and be enjoyed if successively for the time being by the persons entitled to my real estate under the limitations hereinbefore mentioned as far as the law permits I appoint my said Wife executrix and the said William Ward and Charles Markham Executors of this my Testament and I empower my said trustees out of the money to be raised by them as before directed to pay and discharge all costs charges and expences which may be incurred in the execution of this my Will and Testament and as it may be difficult for them to race the exact necessary sum or sums I bequeath any overplus that may remain after answering all the above mentioned purposes to my said Wife for her own use and benefit and I further declare that each of them the said William Ward and Charles Markham shall be respectively answerable for so much money only as each shall actually receive notwithstanding they may join me in any receipt for conformity and that neither of them shall be answerable for the failure of any banker with homes they or either of them may deem it necessary to deposit money for safe custody And lastly I revoke all former Wills and having added since the writing of the former sheets hereof the word male four times in the second sheet and the words “personal property” and “living” in the fifth sheet I declare this and six preceding sheets to be my last Will and Testament to which I have set my hand and seal viz my hand to the six preceding sheets and my hand and seal to the 7th or last sheet this twentieth day of April one thousand eight hundred thirty five John C Mansel Signed Sealed Published and Declared by the abovenamed John Christopher Mansel for his last Will and Testament in the presence of us who at his request and in the presence of each other have here unto subscribed our names as witnesses Robt Ward 3 Albany St James London W. L. Moorsom Cosgrove Priory Geo Heady Cosgrove

Codicil My Butler Francis Gibbs having lived with me a great many years it is my further Will and I hereby devise in case he shall continue in my service to the time of my decease that he have during his life the use rent free of all that ploughed field containing about 9 acres situated above the Canal near the Bridge on the left hand side of the Road going to the Priory and which is now in his occupation John C Mansel Signed and acknowledged as a Codicil to his Will by the above named testator in the presence of us this fifth day of January 1838 who at the same time in the presence and in the presence of each other have here unto subscribed our names as attesting Witnesses Robt Ward Albany St James London Wm Ward Middle Temple London

By this a second Codicil to my Will I devise at Maria Margaret Mansel Widow of my late brother Henry Longueville Mansel shall have the use and benefit rent free of the cottage or house garden and other appurtenant premises in Cosgrove now occupied by Capt Chace such use and benefit nevertheless only to be for her own occupation and so long as she may occupy them and not for the purposes of assignment or subletting And I further bequeath to my Servant William Turvey the sum of twenty pounds subject to the same terms and conditions as in my Will are expressed in regards to my other Servants  It is my wish that my funeral be conducted in a plain and unostentatious a  way and with as little expense as may be consistent with proper the decency and having made this declaration of my real sentiments I had trusts the fulfilment of them to the discretion of my executors John C Mansel Signed and acknowledge this thirty first day of January 1838 as the second Codicil to his Will by John Christopher Mansel of Cosgrove in the County of Northampton Esquire in the joint presence of us who at the same time in his presence and in the presence of each other have here unto subscribed our names attesting witnesses Robt Ward St James London Wm Ward Middle Temple London

By this a second Codicil to my Will I devise that Maria Margaret Mansel Widow of my late Brother Henry Longueville Mansel shall have the benefit rent free of the Cottage or house Gardens and other buildings now occupied by Captain Chace such use and benefit nevertheless only to be for her own occupation and so long as she may occupy them and not for the purpose of assignment or subletting and I further bequeath to my Servant William Turvey subject to the same terms and considerations as in my Will are expressed in regard to  any other Servants And I further leave and bequeath to my Butler Francis Gibbs for his natural life of all that field called the Lucorn Field below Cosgrove Bridge also all that Maltkiln Maltkin Close  with Cottage and premises thereunto belonging to hold rent free for his life and I further leave and bequeath to my housekeeper Mary Gibbs all that Cottage in the occupation of Mrs. Cane and William Beason together with the gardens Orchard and outhouses together with a field called the Joiners Close adjacent to the said Cottages for her natural life and free of any rent charges and these legacies at the expiration of the lives of the said Francis and Mary Gibbs to return to the estate It is my wish is that my funeral be conducted in as play in a manner and with as little expense is maybe consistent with the proper decency and having made this my a declaration I Trust the fulfilment of them to the discretion of my executors John C Mansel Signed and acknowledged this second day of June as a Codicil to this Will by John Christopher Mansel of Cosgrove in the county of Northampton Esqr in the joint presence of us who at the same time in his presence and in the presence of each other have hitherto subscribed our names as attesting witnesses John Crisp Gardener J C Mansell Esq Robert Pearson Keeper J. C. Mansell Esq

Appeared Personally John Crisp of Cosgrove in the County of Northampton Gardener and William Wars of No 1 Plowden Buildings Temple London Esquire and jointly and severally made Oath and first the said John Crisp for himself made Oath that he is one of the subscribed witnesses of the due executrux of the paper writing is hereunto annexed marked with the Letter B which bears date the second day of June and which with the paper writing here two also annexed and which is marked with the Letter A and bears date the thirty first day of January one thousand eight hundred and thirty eight per port together to be and contain a second Codicil to the last Will and Testament of John Christopher Mansel late of Cosgrove in the County of Northampton Esquire deceased and he further made Oath that on the second day of June in the year one thousand eight hundred and thirty eight the said Testator duly executed the said paper writing now marked B as aforesaid by signing his name at the foot or end thereof in the presence of this Deponent and Robert Pearson the others subscribed Witness here two both of whom were present at the same time and at that Deponent and the said Robert Pearson thereupon attested and subscribed the said Paper writing now marked B as aforesaid in the presence of the said Testator and of each other And the said William Ward for himself made Oath that he is one of the Executors named in the Will of the said deceased and that having been present at the house of the Deceased at the time of his death he did after such event proceed to search for his Will in order to ascertain what directions the Deceased might have given therein with respect to his funeral and he then Deponent then found in the Secretary Drawer of a Bookcases which stood in the Bedroom of the Deceased and which was previously locked up and the key of which he that Deponent then received from the Relict of the deceased a sealed Envelope in which on opening the same he that Deponent then had found the Will and first Codicil of the Deceased and also the two Paper Writing here in before mentioned and which are now marked with the said Letters A. and B.  And which per port together to be and contain a second Codicil to the said Will And that Deponent having now viewed and inspected the said paper writing marked B and having particularly noticed and observed the obliteration of some word or words which appear obliterated with a pen between the words “Malt Kiln Close” and the words “with Cottage” in the seventeenth line off from the top of the first page or side of the said Paper writing and which said word or words so obliterated are now or illegible and cannot be deciphered he further made Oath that at the time he so broke the seal of the aforesaid Envelope and talk of there from the aforesaid Paper Writings if he that Deponent perused the said Paper writing marked B and then noticed and observed the before mentioned Obliteration therein and that the said Obliteration he is now all in all respects in the very same state plight and Condition as when he first noticed by this Deponent his finding and perusing the said Paper rewriting as aforesaid Wm Ward John Crisp On the 23rd day of April 1839 the said William Ward Esquire if it was duly sworn to the truth of the aforegoing  Affidavit Before me W C Curteis Surr Present  N. B. Congleheart Notary Public On the 25th day of April 1839 the said John Crisp was also duly sworn to the truth of the aforegoing Affidavit by Virtue of the Commission here to annexed Before me John Graham Commissioner

Proved at London with two Codicils (the second being contained in Paper writings marked A and 23/2nd May 1839 before the Judge by the Oaths of William Ward and Charles Markham Esquires two of the Executors to whom Administration was granted they having been first sworn to wit the said William Ward off before the Worshipful William Calverley Curteis and the said Charles Markham before the Worshipful Frederick Thomas Pratt respectively Doctors of Laws and Surrogates duly to administer Power reserved of making the like Grant to Maria Antonia Mansel Widow the Relict the other Executor

Probate 2 May 1839


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