??? Swingbourn

Transcript of will of Elizabeth Swingbourn (neé Woodward)

This is the last will and testament of me Elizabeth Swingbourn of Kidlington in the County of Oxford, Widow, made this twenty fourth day of June in the year of our Lord, one thousand eight hundred and thirty nine.

First I will and direct that all my just debts funeral and Testamentary Expenses and the cost of proving this my will be paid and discharged by my Executors herinafter mentioned. I give and bequeath unto William Scroggs of Kidlington aforesaid, Miller, and Robert Burgoyne of the same place, Tailor, the sum of six hundred pounds, new three and one half per centum Bank Annuities, upon trust, to pay the dividends thereof to my niece Phillis Sandell, of the City of Oxford, for her sole and separate use independent of her husband, whether present or future, and not subject to his debts, control or engagements and, so that she shall not anticipate or assign the same or any part thereof, and from and after her decease upon trust to assign and transfer the said capital sum unto, and equally between, each of her children as shall be living at her decease. But in case of the death of either in her lifetime leaving issue, then upon trust, to assign and transfer the share of him, or her, so dying, unto his, or her, children. I give and bequeath unto the said Phillis Sandell, all my household furniture, linen, books and wearing apparel, for her sole, and separate use.

I give and bequeath unto my niece, Charlotte Pointer, now or late of Edgeware Road, in the County of Middlesex, one hundred pounds of the like stock, for her separate use and whose receipt for the same shall be a sufficient discharge.

I give and bequeath unto my niece Mary Head of Marston in the County of Wilts, fifty pounds of the like stock.

Unto my niece Ann Pointer, of Edgeware Road, aforesaid, one hundred pounds of the like stock.

Unto my niece Sarah Pullen, of Hinton in the County of Wilts, one hundred and pounds of the like stock.

Unto my nephew John Cox, of Bletchington in the County of Oxford, one hundred pounds of the like stock.

Unto my niece Martha Cox, of the City of London, one hundred and fifty pounds of the like stock, and to Rebecca, the wife of Stephen Cox, of New Woodstock in the County of Oxford, one hundred and fifty pounds of the like stock.

I give and bequeath to each of the daughters of my late nephew, Charles Warner, of Bletchington aforesaid, as shall be living at the time of my decease, nineteen pounds sterling, and to each of the children, as shall be then living, of a daughter, or daughters, of the said Charles Warner, who shall have died in my lifetime, a like sum of nineteen pounds.

I give and bequeath unto my niece Martha Upcott, of the City of London, nineteen pounds. Unto my niece Rebecca Smith of the same city, nineteen pounds.

Unto Ann, the daughter of the aforesaid Rebecca Cox, the sum of fifty pounds and unto Elizabeth, the wife of Charles Gibbs, of Warbrough in the County of Wilts, the sum of fifty pounds.

I give and bequeath to each of the children of my late nephew Thomas Cox, of Blechington aforesaid, the sum of ten pounds, to be paid to each on his or her attaining the age of sixteen years.

I give the sum of ten pounds to be distributed in bread to poor widows and widowers of Kidlington aforesaid at the discretion of my executors. I give and bequeath unto the said William Scroggs and Robert Burgoyne, the sum of nineteen pounds each as a small remuneration for the trouble they will be put to in executing this, my will. All the rest and residue of my estate and effects, whatsoever, and wheresoever, I give and bequeath unto the said William Scroggs, and Robert Burgoyne, upon trust, to pay and divide the same unto, and amongst themselves, and all, and every other the legatees, in my said will, mentioned, rateably and in proportion to the amount of their respective, and several, legacies, by me hereinfore bequeathed. And I hereby nominate and appoint the said William Scroggs and Robert Burgoyne to be executors of this my will, and, hereby revoking all former wills by me, heretofore made, do declare this to be my last will and testament, and I empower my said executors to alter, vary and transpose my said trust funded property as it may appear best, to them, but so that nevertheless, the sum may be secured on some real or Government Security or Securities, upon trust, aforesaid. And I devise all mortgaged and trust estates which may be vested in me unto the said William Scroggs and Robert Burgoyne, subject to, and upon, the equities and trusts affecting the same. And I declare that their receipt and the receipt of the survivor and his heirs shall be a good discharge for all monies, which, in such receipt, shall be expressed to be received, and that all persons paying any monies for the purposes of this my will, and, taking a receipt from them or him, accordingly shall not be obliged to see to the further application of the same monies, nor be accountable for the misapplication, provided lastly. And I hereby declare that on the death, refusal, or incapacity to act, of either of them, the said William Scraggs and Robert Burgoyne, or 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 as stead of such trustee so dying, refusing or becoming incapable, to act as aforesaid and thereupon, the said trust monies and premises shall be transferred so that the same may vest in such new trustee, jointly with the continuing trustee upon the trust hereinbefore declared. And that every such new trustee shall have the same power, as if he had been appointed by this my will. And my will and mind is that my trustees and executors shall not be answerable the one for the other of them, or for signing receipts for the sake of conformity, or for involuntary lapses, but each for his own acts, receipts and defaults only. And that it shall be lawful for them to reimburse themselves, and to allow each other all losses, costs, charges and expenses, which they, or either of them, shall be put unto, or sustain for, or by reason of, this my will, or the trusts hereby reposed in them. In witness whereof, I the said Elizabeth Swingbourn have to this, my last will and testament, contained in this and the two preceding sheets of paper, set my hand the day and year first above written.

Elizabeth Swingbourn

The writing contained in this and the two preceding sheets of paper was signed by the above mentioned Elizabeth Swingbourn the testatrix in the joint presence of us who in her presence and in the presence of each other have subscribed our names as witnesses.

J. V .Harrison

Batten Harrison

Copy of will of Mrs Swingbourn. Dated 24th June 1839

Taken from the copy of the will made by Harrison and Son.