Lucy Monoux Will

Transcription of Lucy Monoux’s will from the National Archive, March 2010, by Emrys Williams. I added punctuation as I thought made best sense, but have not changed any words. If anyone finds any mistakes, or can fill in the words I can’t read, please let me know!

Where has the photographic copy gone? I must look for it!


 

The last Will and Testament of me, Lucy Monoux, of Linden in the parish of Eversholt in the county of Bedford, spinster.

I give and bequeath to my housekeeper Elizabeth Tankersley an annuity, or that yearly sum, of fifty pounds during the term of her natural life to be paid to her by equal half yearly payments, with a proportionate part thereof up to the day of her decease; the first payment to be made six calendar months after my decease. I also bequeath to the said Elizabeth Tankersley, her executors and administrators, the further sum of ten pounds per annum for the care and support of the Green Parrott (called old Polly), which she now has under her care, so long as the Parrott shall live; to be paid at the same time and in the same manner as the before mentioned annuity. I also give to the said Elizabeth Tankersley the use of that part of my farmhouse at Eversholt aforesaid which is now occupied by Mr. Joseph Daniel, for the term of her natural life without paying any rent for the same.

And from and after the decease of the said Elizabeth Tankersley I give unto her niece, Mary Tankersley, an annuity, or that yearly sum, of thirty pounds during the term of her natural life (provided she do not dispose of the same by anticipation), to be paid to her by equal half yearly payments, with a proportionate part thereof up to the day of her decease; the first payment to be made at the expiration of six calendar months from the time of the decease of the said Elizabeth Tankersley. And I hereby declare that the annuity so given to the said Mary Tankersley shall be for her own sole use, independent of any husband with whom she may intermarry and of his debts and engagements. And her receipt alone, or of such person as she shall, from time to time, as and when the same shall become due (but not so as to dispose of the same by anticipation), by any note in writing appoint to receive the same, shall be be the only legal discharge for the same. Provided that if the said Mary Tankersley shall dispose of the said annuity or any part thereof by anticipation, the same shall cease immediately thereupon.

And I hereby declare that the said annuities ? ? or yearly sums respectively shall be issuing and payable from and out of all and every my real Estates and which I hereby declare with the payment thereof respectively. And I farther declare that if either of the said annuities or yearly sums, or any part of them respectively, shall be and remain unpaid by the space of forty days next after the same respectively shall become due as hereinbefore provided, being lawfully demanded, that the said Elizabeth Tankersley and Mary Tankersley respectively may lawfully enter upon all or any part of my said real estates and shall have, and may exercise, all the rights and remedies by distress or otherwise for ? payment of the same annuities or yearly ? ? respectively, and all costs and expenses, as Landlords are by law authorized to use and exercise for ? reserved upon ? ?

I give to Miss Georgiana Fremantle of Green Street, Berkeley Square, the sum of one hundred pounds sterling to be paid to her, free of legacy duty; which duty I direct shall be paid by my Executors out of the residue of of my personal Estate.

I give to the Honourable Frances Henley Ongley, Sister of Lord Ongley, the watch given to me by the late Honourable F Henley Ongley.

I give to Frances Sally Gordon, Daughter of the late Hess Gordon Esquire, my Diamond cross and all my ? ?

I give to her sister Charlotte Catherine Gordon all the rest of my jewels, watches and trinkets.

I give to the Honourable Frederic Henley Ongley, of Old Warden, and John Green, of Woburn in Bedfordshire, Gentleman, two of my trustees and executors hereinafter named, the sum of three hundred pounds sterling each.

And I give to my said housekeeper, Elizabeth Tankersley, the Bed, Bedstead and Bed furniture which she now uses, and all my wearing apparel and articles of dress (except as otherwise given by this my will).

And unto each of my Domestic servants who shall have lived me not less than two years at the time of my decease, I give the amount of one year’s wages.

And to each of my domestic servants, a suit of mourning.

I give, devise and bequeath unto the Honourable George Henley Ongley, of Old Warden, and the said Frederic Henley Ongley and John Green, all my messuages, farms, lands, tenements and hereditaments at Eversholt aforesaid, and at Wooton and Kempston Hardwick in the said county of Bedford, and all other my real Estates wheresoever, and all my personal Estate and Effects of whatever description and wheresoever the same may be, (except what are hereinbefore given specifically). To hold the same unto the said George Henley Ongley, Frederic Henley Ongley and John Green, their heirs, executors, administrators and assigns, nevertheless upon and for the trusts, ends, intents and purposes hereinafter declared or expressed concerning the same.

That is to say, upon trust to sell, and convert into money, such part only of my personal estate as shall consist of horses, live and dead farming stock, and crops, and such part of the same only as the said Charlotte Catherine Gordon shall direct to be sold; and, upon trust, to apply the product of such sale, and such other part of my personal Estate as shall consist of money, or securities for money, in or towards payment of my just debts and funeral and testamentary expenses and the pecuniary legacies hereinbefore bequeathed.

And, upon trust, to receive the rents, profits and annual proceeds of my real estate and of such part of the remainder of my personal estate as shall not be personally used by the said Charlotte Catherine Gordon under the trust for her benefit hereinafter declared, and by and out of such rents, profits and annual proceeds to keep the messuages and buildings in tenantable repair, and insured from loss by fire, and from time to time pay the said annuities or yearly sums of money hereinbefore charged on my real estates, and to pay such part of my debts and funeral and testamentary expenses and the pecuniary legacies hereinbefore bequeathed if any shall remain unpaid, until the whole of such debts, funeral and testamentary expenses, and legacies, shall be fully satisfied. And, subject thereto, and also subject as respects the said farmhouse at Eversholt aforesaid to the occupation of part thereof by the said Elizabeth Tankersley Rent free during her life, in trust to pay such rents, profits and proceeds to the said Charlotte Catherine Gordon during the term of her natural life, provided she shall not marry any person not born a subject of Great Britain.

And, as to such part of the remainder of my personal estate as shall not consist of money or securities for money and shall not have been disposed of as hereinbefore directed, upon trust, for the use of the said Charlotte Catherine Gordon during the term of her natural life provided she shall not marry any such person as aforesaid, the same respectively to be independent of any husband with whom she may intermarry and of his debts or engagements.

And her receipt alone, or of such person as she shall from time to time as any moneys shall become due and payable (but not so as to dispose of the same by anticipation) by any note or writing appoint to receive the same from my said trustees or trustee for the time being, shall be the only effectual discharge for the same.

And from and after the decease of the said Charlotte Catherine Gordon, or if she (the said Charlotte Catherine Gordon) shall intermarry with any person not born a subject of Great Britain, then immediately from and after such marriage, upon trust, to pay such rents, profits and annual proceeds unto, and to stand possessed of, such part of the remainder of my personal estate as shall not consist of money, or securities for money, and shall not have been disposed of as hereinbefore directed, for and for the sole use of the said Frances Sally Gordon for the term of her natural life, provided she do not marry any person not born a subject of Great Britain.

The same respectively to be independent of any husband with whom she may intermarry, and of his debts or engagements.

And her receipt alone, or of such person as she shall from time to time as any moneys shall become due and payable (but not so as to dispose of the same by anticipation) by any note in writing appoint to receive such monies, shall be the only effectual discharge for the same.

And from and after the decease of the said Frances Sally Gordon, or in case she (the said Frances Sally Gordon) shall intermarry with any person not born a subject of Great Britain, then from and immediately after such marriage, upon trust for, and for the sole use and benefit of, the said George Henley Ongley, his heirs, executors, administrators and assigns.

Provided always (and I hereby declare my will to be) that it shall be lawful for my said trustees or trustee for the time being, at any time or times during the existence of the trust hereinbefore created for the benefit of the said Charlotte Catherine Gordon and Frances Sally Gordon respectively, by any indenture or indentures to be sealed and delivered by them or him, in the presence of, and to be attested by, two or more credible witnesses, to demise or lease all or any part or parts of my said messuages, lands, tenements and other trust premises hereinbefore devised and bequeathed, with their appurtenances, to any person or persons for any term or number of years absolute, not exceeding seven years, to take effect in possession (and not in reversion or by way of future interest), so as every such lease to be made as aforesaid, be made with the consent of the said Charlotte Catherine Gordon, or of the said Frances Sally Gordon, whichever may be the beneficiary interested in possession, testified by some writing under her hand. And so as upon every such lease there be reserved the best or most improved yearly rent or rents to be incident to the immediate reversion of the said hereditaments and premises that can, or may be, reasonably had or gotten for the same, without taking any fine, premium or foregift for the making thereof. And so as there be contained in every such lease a condition of reentry on nonpayment of the rent of rents, thereby to be respectively reserved. And so as the lessee or lessees respectively do execute a counterpart of every such lease and do thereby covenant for the payment of the rent or rents thereby to be respectively reserved, and be not by any clause or words therein to be contained, made dispunishable for waste, or exempted from punishment for committing waste (any thing hereinbefore contained to the contrary thereof in any wise notwithstanding).

Provided also, and I hereby declare, that on the death, refusal, desire to be discharged or incapacity to act of either of them, the said George Henley Ongley, Frederic Henley Ongley and John Green, or of any trustee or trustees to be appointed in his or their place or stead, it shall be lawful for the acting trustee or trustees for the time being of this my will, or the executors or administrators of the last acting trustee, to appoint a new trustee or trustees in the place or stead of such trustee so dying, refusing, desiring to be discharged or becoming incapable to act as aforesaid. And, thereupon, all the then trust estate, moneys, stocks, funds, securities and promises shall be conveyed, assigned and assured so that the same may vest in such new trustee or trustees, jointly with the surviving or continuing trustees or trustee, or solely as case may require. And in his act, or their acts, executors, administrators and assignees ? nevertheless upon the trusts hereinbefore contained, or such of them

as shall be then subsisting and capable of taking effect, and that every such new trustee either before or after such conveyance shall, and may, exercise the same powers and authorities as if he had been appointed a trustee by this, my will. And it is also my will that my present trustees and executors, and every future trustee respectively, shall always be allowed their costs and expenses in the execution of the trusts and powers aforesaid, and that they shall not be answerable for more than they shall receive and possess, and ? only for his own receipts, payments and acts, notwithstanding that joining in receipts for conformity sake, and not for any loss or injury not occasioned by their wilful act or default.

I appoint the said George Henley Ongley, Frederic Henley Ongley and John Green executors of this, my will, and revoke all former wills at any time heretofore made by me.

In witness whereof I have hereunto set my hand and seal.

The twentieth day of february in the year of our lord one thousand eight hundred and forty one = Lucy Monoux = seal =

Signed sealed published and declared by the said Lucy Monoux, the testatrix, as and for her last will and testament, in the presence of (present together at the same time) who at her request in her presence, and in the presence of each, have hereunto subscribed our names as witnesses:

Wm Harland =
Wm Sinfield =
Clerks to Mr Green Solr Woburn

Proved at London, the 15th Novr 1843, before the worshipful John Danbury, Doctor of Laws and Surrogate, by the oaths of the Honourable George Henley Ongley, the Honourable Frederick (in the will written Frederic) Henley Ongley and John Green, the Executors, to whom administration was granted having been first sworn duly to administer.

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