Philip Monoux Will, 1805

desire that every thing as I have so as aforesaid given to her the use of for her life may be received after my said wife’s decease by the person or persons who will be intitled thereto by this, my will, in the most easy and favourable light that can possibly be done.
Also it is my desire that my said wife do keep up my house at Sandy, aforesaid, in which I now live, so far in repair as to keep out the wind and water. It not being my desire or intent for her to be obliged to repair any violent breaches occasioned by high winds, or any other unforeseen calamity. Also, the better to enable my said wife to do such repairs as she may think proper and necessary, at any time or times, to be done to my said Mansion House and other outbuildings thereto belonging and by her holden and enjoyed therewith, I do hereby desire and direct that she may have all rough timber for the necessary repairing thereof from of my estates in the said County of Bedford lying most convenient to the same, without paying any thing for the same. Also I give unto my said wife, all such materials for building as I shall have by me at the time of my decease in or about my said mansion house and premises, for her to use in the repairs thereof.

Also, I give and devise to my said wife, all that Close of pasture called the Great Close and which was formerly part of the Mill Close, and late in the Occupation of John Bunting, adjoining west upon the Close next my said dwelling house, and which is now laid to the same Close and is now only one Close and lyeth North upon a Close called the Down Close. And also all that Close or piece of ground called Fill, and which was lately common field land, but since inclosed by me next adjoining to the lower Close, where the colt school stands. And also all that part or parcel of inclosed meadow, called the Shadwill, late in the Tenure and Occupation of ? ?. And also all that one other piece of inclosed meadow ground, also called the Shadwill, late in the Tenure and Occupation of Agnes Summerly. All which said before mentioned Close and several pieces and parcels of inclosed meadow ground are lying and being in the said parish of Sandy, and came to me, since my marriage with my said wife, upon the death of the said Sir Humphrey Monoux. And also all that Close of pasture lying in Girtford Barksides, in the said parish of Sandy, called long Close, with the additional Close that was Mr. Pym’s.

Also the kitchen garden as it now is and which ? since my marriage been much enclosed by the addition of several parcels of Ground belonging to my Cottages, at the upper end thereof from the river, and being now laid into the same. And also all that garden in Sandy, aforesaid, now in my own occupation called the Mill Garden. And also the cottage or tenement, hereditaments and premises situate in or adjoining the said garden called the Mill Garden, and now in the Tenure or occupation of William Whittfield. To have and to hold to her, my said wife, for, and during, the term of her natural life.

Also I give and bequeath unto my said wife, all my garden frames, glasses, tools and utensils of every kind, belonging to my said gardens, to and for her own use and benefit.

Also I give unto my said wife my coach and chariot, with any four of my coach horses that she shall choose to have, and also any two of my best saddle horses, together with such harness, cart harness, saddles and furniture that shall be sufficient and necessary for her use.

And also, all my stock of milch cows, for the support of a dairy.

And also all my stock of hay in my Closes and yards in my own occupation, and which I have given to my said wife for her life to, and for, her own use and benefit.

Also I give to my said wife, all my stock of liquors that I shall have at the time of my decease.

And, as a farther token of my affection for my said wife, I give the the sum of four hundred pounds, to be paid her immediately after my decease.

Provided also (and it is my will and mind that) in case my son, Philip Monoux, or the person or persons who for the time being shall be next entitled to the the reversion or remainder (expectant upon my decease) of my said capital messuage or mansion house, with the hereditaments and appurtenances thereunto belonging, in Sandy aforesaid, shall, by any ways or means howsoever, molest, hinder or interrupt my said wife in the quiet enjoyment thereof, for her life, according to the true intent and meaning of this, my will, that then, and in such case, I do hereby further give and bequeath unto my said wife, over and above what I have hereinbefore given and bequeathed to her, and over and above what is settled on her by her marriage settlement, one yearly rent charge or annual sum of one hundred pounds of lawful money of Great Britain, to be paid to her or her order quarterly, at the four most usual feasts or day of payment in the year.

(that is to say)

The feast day of Saint Michael the Archangel; the birth of our Lord Christ; the annunciation of the blessed virgin Mary; and the nativity of Saint John the Baptist; by even and equal portions, without making any deductions, defalcations or abatement, whatsoever, out of the same or any part thereof, for parliamentary taxes, or other taxes or charges whatsoever, assessed or imposed, or to assessed or imposed, upon the same, or on the premises out of which the same is to be issuing and payable as aforesaid, or on my said wife, or her assigns in respect thereof, or of, or for, or in respect of, any other matter or thing whatsoever. The first payment thereof to begin and be made on such of the said feasts or days of payment as shall first and next happen after my said wife shall be interrupted in the quiet enjoyment of my said mansion house and premises in Sandy, aforesaid. And it is my mind and will that it shall, and may be, lawful to, and for, my said wife and her assigns from time to time, in case of nonpayment of the said yearly rent charge or annual sum of one hundred pounds, or any part thereof, in case the same shall become due and payable to her, for all or any of the causes aforesaid, to raise the same by distress, upon all or any part of the estates and premises by this my will charged with the payment thereof, together with the costs and charges of such distress.

Also, I give and bequeath unto my daughter, Mary Payne, the sum of two thousand pounds of good and lawful money of Great Britain.

Also I give and bequeath unto my daughters, Frances Monoux, Judith Reddall Monoux and Lucy Monoux, the sum of three thousand pounds apiece of like lawful money, and which said several and respective legacies I do hereby order and direct to be paid to my said daughters respectively within twelve months next after my decease.

And I do hereby charge, and make chargeable, all and every my manors, messuages, farms, lands, tenements, hereditaments, woods ? and estates, with the appurtenances thereto belonging, situate lying and being in the Counties of Bedford and Nottingham, and not in settlement on my marriage with my said wife, with the payment of the said yearly rent or annual sum of one hundred pounds to my said wife, in case the same shall become due and payable in manner as aforesaid, together with all costs and charges of distress, for nonpayment thereof. And also with the payment of the said several legacies so, by me, as aforesaid, given to my said daughters, Mary Payne, Frances Monoux, Judith Reddall Monoux, and Lucy Monoux.

And, subject thereto, I give and devise all and every my said manors, messuages, farms, lands, tenements, woods, ? estates, hereditaments and premises to the Revd. Philip Monoux, of Sandy aforesaid, Clerk, and Robert ?, of Kempston in the said county of Bedford, Esqr, their heirs and assigns, for the several uses, trusts, intents and purposes, and under and subject to such provisos, limitations and agreements hereinafter, by this, my will, declared, limited and expressed of and concerning the same, and to, and for, no other use, interest or purpose whatsoever.

(that is to say)

To the ? intent, and purpose, to permit, and suffer, my said wife, and her assigns, during her life to receive, and take out of the said estates, and premises, one annuity, or yearly sum, of one hundred pounds, in case my said Son, Philip Monoux, or the person or persons who for the time being shall be most entitled to the reversion or remainder expectant upon my decease, shall, by any ways or means howsoever, let, hinder or interrupt my said beloved wife in her peaceable and quiet enjoyment of my said capital messuage or mansion house, with the hereditaments and appurtenances, at Sandy, by me hereinbefore bequeathed to her for her life, according to the true intent and meaning of this, my will, at the days and times and in the manner in this, my will, before mentioned for payment thereof.

And, subject to the payment of the said annuity of one hundred pounds (in case the same shall become due and payable) according to the bequest in this, my will, contained, and such power of distress for the nonpayment thereof (as is before mentioned), then to the use and ? of them, the said Philip Monoux Clerk and Robert ?, their executors ? and assigns, for and during the term of one thousand years from ? next ? upon such trusts as are herein after mentioned and expressed of and concerning the same term of years and estate.

(that is to say)

As for and concerning the said estate and term of one thousand years, hereinbefore limited to the said Philip Monoux Clerk and Robert ?, their executors ? and assigns, it is hereby declared that the same is so limited to ? upon such trusts and confidences, and to, and for, such intents and purposes, and under and subject to such provisos and agreements as are herein after mentioned, expressed and declared concerning the same.

(that is to say)

That they, the said Philip Monoux, Clerk and Robert ?, and the survivors and survivor of them, and the executors or ? of the survivor of them, shall, and may, after my decease, by mortgage or sale of the same premises comprised in the same ?, or any part thereof, for all or any part of the term of one thousand years, or by felling, cutting down and selling timber fit and proper to be cut, or by any of those ways or means, or by any other ways or means, as the said Philip Monoux, clerk, and

Robert ?, or the survivor of them, or the executors or ? of such survivor, shall in their ? think convenient, raise and levy, or borrow and take up at interest, the sum of eleven thousand pounds for the portion or portions of my said four daughters, respectively, to be paid to them respectively in such manner and at such times as hereinbefore is mentioned.

Provided also that no such sale or mortgage shall be made until some out of the said legacies, or some part thereof, of shall become payable. And that the residue of the rents and profits of the premises, comprised in the said term of one thousand years, over and above such maintenance, shall, and may in the mean time, be had and received by the person or persons respectively who, for the time being, shall be next intitled to the reversion or remainder expectant, and on the said term of one thousand years, to, and for, his and their own use and benefit.

Provided also (and I do hereby order and direct) that they, the said Philip Monoux, clerk, and Robert ?, or the survivor of them, or the executors or ? of such survivor, do levy and raise the said sum of eleven thousand pounds, hereinbefore by me bequeathed to my said four daughters, Mary Payne, Frances Monoux, Judith Reddall Monoux, and Lucy Monoux, respectively, as aforesaid, or any part or parts thereof, by sale or mortgage or ? of the said premises, or of any part thereof, for all

or any part of the said term of one thousand years, and pay the same to and amongst my said four daughters, namely Mary Payne, Frances Monoux, Judith Reddall Monoux, and Lucy Monoux, respectively, in such manner and at such times as hereinbefore is mentioned.
Provided also that, in case all and every the respective Trusts hereinbefore declared touching the said term of one thousand years shall be performed, then, the trustees charges of the execution of the same trusts relating to the said term of one thousand years being fully defrayed, or satisfied, the said term of one thousand years of, and in, the the said premises, or of and in so much thereof as shall remain unsold and undisposed of (for the purposes hereinbefore mentioned concerning the same), shall cease, and be void, for the benefit of the person or persons who shall have the remainder or reversion of the premises ? comprised immediately expectant thereupon.

Provided also that it shall, and may, be lawful to, and for, the said Philip Monoux, clerk, and
Robert ?, their executors and ?, in the first place to deduct and retain to themselves, out of the trusts estates and trust monies, all their reasonable costs, damages, charges and expenses whatsoever, which they, or any of them, shall sustain, bear, pay, expend or put unto, in, about or concerning the execution or management of the trusts hereby in them reposed, and that they, their executors or ? any of them shall not be charged, or chargeable with, or answerable for, any ? or other part of the said monies so as to be raised aforesaid than shall respectively actually come to their respective hands, and not the one of them for the other of them, or for the acts receipts or defaults of the other of them respectively, but each of them, respectively, for his or their own act only, and for his or their own receipts or defaults only; nor shall be answerable for the failure or ? of any goldsmith, banker or other person with whom any of the said monies shall, or may, be placed for safe custody, nor for the loss of any of the said trust monies, unless it be through their wilful neglect or default.

And as to all the rest and residue of my manors, advowsons, messuages, farms, lands, tenements, woods, ?, rents, estates, tenements and hereditaments whatsoever, whether freehold or copyhold, which I am, or at any time hereafter shall be, sized or possessed of, or to which I am any ways intitled in possession, reversion, remainder or expectancy, situate, lying and being in the several counties of Bedford, Nottingham and Buckingham, with their and every of their rights ? and appurtenances, and not otherwise by this my will particularly disposed of, I give and devise the same unto my son, Philip Monoux, his heirs and assigns, to have and to hold the same unto my said Son, Philip Monoux, his heirs and assigns for ever.

And I do hereby give and bequeath all the rest and residue of all and every my leasehold messuages, farms, lands, tenements, woods, estates, rents, ?, tenements and hereditaments, with their appurtenances, and not otherwise by this my will particularly disposed of, and all my estate right ? and interest in and to the same, unto my said son, Philip Monoux, his executors ? and assigns, to have and to hold the said leasehold messuages, lands, tenements and hereditaments, with the appurtenances, unto my said son, Philip Monoux, his executors ? and assigns.

And I do hereby give and bequeath all monies due and owing to me on any securities or security, and all the rest and residue of my goods, chattels and personal estate and effects of what nature or kindsoever not by me hereinbefore otherwise disposed of, but subject to the payment of all and every of my just debts and funeral expenses, I give and bequeath unto my said son, Philip Monoux, his executors ? and assigns.

And I do hereby nominate, constitute and appoint my said beloved wife and my said son, Philip Monoux, joint executrix and executor of this, my will.

And I do hereby revoke and declare null and void all former and other wills and testaments by me at any time heretofore made, and do declare this present writing (contained in this and the five preceding sheets of paper) to be and contain my only last will and testament.

In witness whereof, I, the said testator, Philip Monoux, have to this, my last will and testament, set my hand and seal (that is to say) my hand and seal at the top ? this and the five preceding sheets of paper are fastened together, and my hand at the bottom of each of the five preceding sheets, and my hand and seal to this last sheet, this sixteenth day of October in the year of our Lord one thousand seven hundred and ninety seven.

Phil. Monoux – seal

This writing was signed, sealed, published and declared by the said testator, Philip Monoux, as and for his last will and testament, in our presence who have likewise, in his presence, and at his request, and in the presence of each, subscribed our names as witness thereto.
Mary Whitehead

Susannah Marshall Jno. Rotherham

Whereas I, Sir Philip Monoux, of Sandy in the County of Bedford, Baronet have duly made and published my last will and testament in writing, bearing date the sixteenth day of October in the year of our Lord one thousand seven hundred and ninety seven, and have thereby given and bequeathed unto my three unmarried daughters, namely Frances Monoux, Judith Reddall Monoux, and Lucy Monoux, the sum of three thousand pounds apiece of good and lawful money of Great Britain, to be paid to them in manner and at the times therein mentioned for payment of the same, now I, the said Sir Philip Monoux, Baronet, do by this my codicil annexed to my said will, confirm the said bequest so made to them, my said three daughters, Francis Monoux, Judith Reddall Monoux and Lucy Monoux, and do by this, my codicil annexed (or to be annexed) to my said will, further give and bequeath to them, my said three daughters, Frances Monoux, Judith Reddall Monoux and Lucy Monoux, the further sum of one thousand pounds apiece of good and lawful money of Great Britain. And which said several legacies of one thousand pounds apiece, so given to them, my said three daughters, Frances Monoux, Judith Reddall Monoux and Lucy Monoux, I do hereby order and direct to be paid to them respectively within twelve months next after my decease.

And I do hereby charge all my manors, messuages, farms, lands, tenements, hereditaments, woods, tythes and estates, with their appurtenances, to, and with, the payment of the same, in such and the like manner as I have by my said will ordered, the said several legacies of three thousand pounds apiece, to be paid to them, my said three daughters, Frances Monoux, Judith Reddall Monoux and Lucy Monoux.

And I, the said Sir Philip Monoux, do hereby confirm and ratify my said will, except where I have altered the same by this my codicil, annexed (or to be annexed) to my said will.

And I, the said testator, Sir Philip Monoux, do hereby publish and declare this present writing (contained in this sheet of paper) to be a codicil to my said will, and taken as part thereof.

In witness whereof, I, the said testator, Philip Monoux, have to this, my said codicil, annexed (or to be annexed) to my said will, set my hand and seal, this twentieth day of January in the year of our Lord one thousand seven hundred and ninety eight.

Phil. Monoux – seal –

This writing was signed, sealed, published and declared by the said testator, Sir Philip Monoux, as and for a codicil to his last will and testament, in the presence of us, who have likewise, in his presence, and at his request, subscribed our names as witness thereto, in the presence of each other.