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elizabeth slaney
frankmucklestonallen
adelaideallen

1847

 

WILL OF ELIZABETH SLANEY

(Nee Muckleston)

 

Source: Public Record Office. PROB 11/2062.

This is the last Will and Testament or Testamentary Appointment of me Elizabeth Slaney the wife of Robert Aglionby Slaney of Walford Manor in the County of Salop Esquire whereas under and by virtue of an Indenture bearing date the eleventh day of April one thousand eight hundred and thirty six and made between the said Robert Aglionby Slaney and myself the said Elizabeth Slaney of the one part and Thomas Plowden Presland of Cosford in the County of Salop Esquire and the Reverend John Oliver Hopkins of Fitz in the same county Clerk of the other part All and every the manors messuages lands tenements tithes and hereditaments whatsoever and wheresoever in the several Counties of Salop Stafford Leicester and Derby of or to which I the said Elizabeth Slaney upon the decease of my uncle Joseph Muckleston late of Prescott in the County of Salop Esquire deceased became seized or entitled at law or in equity under the will of the said Joseph Muckleston or otherwise howsoever and also all and every the lands tenements and hereditaments at Prescott aforesaid herebefore taken obtained or received in exchange from Thomas Evans Esquire were conveyed and assured unto the said Thomas Plowden Presland and John Oliver Hopkins and their heirs to the uses intents and purposes therein and in pact hereinafter mentioned (that is to say)to the use of such person or persons for such estate or estates interest or interests and to and for such intents and purposes and subject to such powers provisos declarations and agreements or without being so subject and in such manner and form as the said Robert Aglionby Slaney and myself the said Elizabeth Slaney by any deed or deeds instrument or instruments in writing to be sealed and delivered by us in the presence of and attested by two or more witnesses should from time to time direct limit or appoint And in default of and until such direction limitation or appointment and as to such pact and pacts of the premises of which no such direction limitation or appointment should be made or to which any such direction limitation or appointment should not extend to the use of the said Robert Aglionby Slaney and his assigns during the joint lives of the said Robert Aglionby Slaney and my self without impeachment of waste and from and after the decease of either of us to the use of the survivor of us the said Robert Aglionby Slaney and myself and his or my heirs and assigns during his or my life without impeachment of waste and from and after the decease of the survivor of us to the use of such person or persons for such estate or estates interest or interests and to and for such intents and purposes and subject to such powers provisos declarations and agreements or without being so subject and in such manner and form as I the said Elizabeth Slaney not withstanding my coverture should by any deed or deeds instrument or instruments in writing to be by me sealed and delivered and to be attested as therein mentioned or by my last will and testament in writing or any codicil or codicils thereto in writing or any writing or writings in the nature of or purporting to be a will or codicil to be respectively by me signed and published in the presence of and attested by three or more credible witnesses direct limit or appoint and whereas by a deed poll or instrument in writing bearing date the thirtieth day of December one thousand eight hundred and forty two and sealed and delivered by me in the presence of and attested by the two credible persons whose names are thereupon endorsed after writing that by a certain deed poll bearing date the seventeenth day of March one thousand eight hundred and thirty one and in exercise of the power therein referred to directed and appointed that the several sums of five thousand one hundred and six pounds three shillings and five pence three pounds per cent Reduced Bank Annuities forty thousand pounds three pounds per cent Consolidated Bank Annuities thirty thousand pounds three pounds ten shillings per centum Reduced Bank Annuities five thousand pounds Bank of England Stock and five shares in the Ellesmere Canal Navigation and the stock and securities upon which the same should be invested and all other the residuary estate of the said Joseph Muckleston deceased should be transferred and assigned by the trustees of the will of the said Joseph Muckleston unto and in the names of Joseph Alsuith Cotton Joseph Pycroft and Thomas Avery together with the said Thomas Plowden Presland and William Henry Slaney therein named and should be held by them and the survivors and survivor of them his executors administrators and assigns upon trust to pay transfer and assign the same unto or in trust for such person or persons and for such intents and purposes and in such manner and form pacts shares and proportions as I not withstanding my coverture and as well when covert as sole and either absolutely or with or without power of revocation and new appointment by any deed or deeds to be by me sealed and delivered in the presence of and to be attested by two or more credible witnesses or by my last will and testament in writing to be executed and attested as therein mentioned should direct and appoint and also writing that the said Joseph Alsuith Cotton Thomas Plowden Presland and William Henry Slaney at the request in writing of myself and my said husband Robert Aglionby Slaney had laid out and invested the sum of twenty six thousand and twenty pounds part of the said sums of five thousand one hundred and six pounds three shillings and five pence forty thousand pounds thirty thousand pounds and five thousand pounds in the purchase of certain hereditaments situate in the parish of Fitz in the County of Salop known by the names of The Grafton Estate and The Mork Hall Estate and the expenses incident thereto and that the same estates had been conveyed unto and to the use of the said Robert Aglionby Slaney his appointed heirs and assigns forever it was and is witnessed and for the considerations in the said deed poll mentioned I did thereby direct and appoint that the sums of fourteen thousand four hundred pounds three pounds per cent Reduced Bank Annuities and twelve thousand eight hundred pounds three and a half per cent Reduced Bank Annuities which produced upon the sale thereof the said sum of twenty six thousand and twenty pounds sterling and the interest dividends and annual produce thereof and the said hereditaments and premises situate in the parish of Fitz aforesaid and known by the names of the Grafton and Mork Hall Estates with the appurtenances should be and be deemed to be real estate and should thereforth go remain and be unto the said Robert Aglionby Slaney his heirs and assigns but nevertheless to such uses and upon such trusts and purposes as in the said Indenture of Release of the twenty fifth day of August one thousand eight hundred and forty two are expressed concerning the same to the intent that the same hereditaments should be thereforth absolutely freed from the trusts and purposes contained in the said deed poll of the seventeenth day of March one thousand eight hundred and thirty one and all other trusts powers and purposes affecting the premises previously thereto Now I do hereby in virtue and exercise of the power or authority lastly hereinbefore referred to as such in me lieth confirm the appointment made by me as hereinbefore recited and in further exercise of the said power or authority and also by virtue and exercise of the power or authority first hereinbefore recited or mentioned and of all other powers and authorities in anywise enabling me in this behalf I the said Elizabeth Slaney do by this my last will and testament in writing direct limit and appoint that firstly all those messuages farms lands and hereditaments situate at Prescott in the Parish of Baschurch in the said County of Salop and which I acquired as devisee or heir or otherwise from the said Joseph Muckleston deceased or which were received and acquired in exchange or by purchase from Mr Thomas Evans and also the Great Tithes thereof and also the lands which were purchased from Mrs Leonora Evans called Guys Cross and are situate at Prescott aforesaid and secondly all the messuages lands and hereditaments situate at Yeaton in the parish of Baschurch aforesaid which were purchased from Mr Pickstock or from the late Mrs Molelove and also a seat in Baschurch Church and also all those lands which were received in exchange or purchased from James Parry Esquire and also the cottage and garden purchased from *** Mason and also the great tithes thereof And also certain tithes in Yeaton and Yagdon in the said county purchased from the Reverend Robert Norgrave Pemberton And also the cottage and lands at Old Woods in the parish of Preston Gubbals in the said County of Salop purchased from Adam Griffiths and containing four acres more or less and also the little common field containing about two acres and a half contracted to be purchased from *** Smith Esquire situate in the township of Yeaton aforesaid together with their respective appurtenances shall go remain and be to the uses following that is to say to the use of my dear husband the said Robert Aglionby Slaney and his assigns during his natural life without impeachment of waste and from and after his decease as to the hereditaments and premises firstly hereinbefore described or mentioned to the use of Robert Burton of Longnor in the said County of Salop Esquire and the said John Oliver Hopkins their executors administrators and assigns for the term of five hundred years to be computed from the decease of my said husband without impeachment of waste upon the trusts nevertheless and subject to the proviso hereinafter declared and contained respecting the same And as to the said hereditaments firstly hereinbefore described or mentioned from and after the determination of the said term of five hundred years and in the meantime subject thereto and to the trusts thereof And also as to the said hereditaments secondly hereinbefore described or mentioned from the time of my decease to the use if my dear daughter Elizabeth Frances Eyton should so long live but not otherwise of her husband Thomas Campbell Eyton of Eyton in the said county of Salop Esquire until he shall be found bankrupt or shall take the benefit of any Act of Parliament for the relief of Insolvent Debtors And from and after the determination of the estate so limited to the use of the said Thomas Campbell Eyton by his decease or otherwise to the use of my said daughter Elizabeth Frances Eyton if she should be then living during her natural life without impeachment of waste for her sole and separate use and benefit and not to be liable to the debts engagements or control of her said present or any future husband and her receipts to be sufficient discharges for the rents and profits of the said hereditaments and premises And from and after the determination of that estate by any means in her lifetime to the use of William Henry Slaney of Grays Inn in the County of Middlesex Esquire and the said Thomas Plowden Presland their heirs and assigns during the life of my said daughter Elizabeth Frances in trust to preserve the contingent remainders hereinafter limited from being defeated or destroyed but nevertheless to permit and suffer my said daughter Elizabeth Frances during her life to receive and take the rents and profits of the said messuages lands tithes and hereditaments for her sole and separate use and benefit in manner hereinbefore mentioned And from and after the decease of my said daughter Elizabeth Frances Eyton in case my said daughter shall leave any child or children or other issue her surviving then and in such case if any such child or other issue should so long live but not otherwise to the use of Thomas Campbell Eyton until he shall be found bankrupt or shall take the benefit of any Act of Parliament for the relief of Insolvent Debtors as aforesaid And from and after the determination of the estate lastly hereinbefore limited to the said Thomas Campbell Eyton by his decease or otherwise but subject nevertheless and without prejudice to the uses and estates hereinbefore limited previously to the estate or interest so lastly aforesaid given to the said Thomas Campbell Eyton to the use of each and every son in succession of my said daughter Elizabeth Frances Eyton born and to be born before my decease for and during the life of each such son without impeachment of waste and from and after his decease to the use of his first and other sons successively in tail general so that every older son of my said daughter Elizabeth Frances Eyton born and to be born before my decease and his first and other sons successively and the heirs of their respective bodies issuing and with and subject to a limitation in remainder immediately after the estate for life of each such son of my said daughter Elizabeth Frances born and to be born before my decease to the use of the said William Henry Slaney and Thomas Plowden Presland and their heirs during the life of such son in trust to preserve the contingent uses and estates in remainder from being defeated or destroyed but nevertheless to permit such son and his assigns to receive and take the rents issues and profits of the aforesaid messuages lands tithes and hereditaments for his and their own use and benefit and from and after the determination or failure of the uses and estates hereinbefore limited and in the meantime subject and without prejudice thereto to such uses upon such trusts and for such intents and purposes and with under and subject to such powers provisos declarations and agreements as by and in an Indenture of Settlement bearing date the twelfth day of May one thousand eight hundred and thirty five (being the settlement made previously to and in contemplation of the marriage of my daughter Mary Wynne with William Watkin Edward Wynne Esquire) are limited declared expressed and contained of or concerning the freehold estates and hereditaments therein described situate at Walford in the said County of Salop or such of the same uses trusts intents and purposes powers provisos and declarations as shall or may be then subsisting and capable of taking effect or being exercised And my will is and I hereby declare that the said messuages hereditaments and premises firstly hereinbefore described or mentioned are limited to the said Robert Burton and John Oliver Hopkins their executors administrators and assigns for the term of five hundred years upon trust that the said Robert Burton and John Oliver Hopkins or the survivor of them or the executors or administrators of such survivor shall as soon as conveniently may be after my decease by mortgage sale or other disposition of the said firstly hereinbefore described hereditaments and premises or any of them for the whole or any part of the said term or by with and out of the rents and profits of the same hereditaments and premises or by any other reasonable ways and means levy and raise the sum of five thousand pounds of lawful British money with interest for the same after the rate of four pounds per centum per annum to be computed from the day of the decease of the survivor of myself and of my said husband and shall pay the said sum of five thousand pounds unto my dear daughter Frances Catherine Slaney her executors administrators and assigns for her and their own use and benefit absolutely provided also and my will further is that when the trusts hereinbefore declared of the said term of five hundred years shall have been fully performed and satisfied and the trustees or trustee of the said term their or his executors or administrators shall have been fully reimbursed and satisfied all charges and expenses (if any) to be occasioned by or relating to the trusts hereinbefore declared respecting the said term and which they and he are and is hereby authorised to levy and raise by the ways or means aforesaid and to retain accordingly the said term of five hundred years subject and without prejudice to any disposition which may have been made of the premises comprised therein or of any part thereof in pursuance of the trusts aforesaid shall absolutely cease and determine And in further execution of the powers or authorities hereinbefore recited or mentioned or one of them and all other powers and authorities in me vested or enabling me in this behalf I direct limit and appoint that the before mentioned messuages lands tenements tithes and hereditaments at or near Netherseal in the county of Leicester and Coton or elsewhere in the counties of Leicester and Derby with the appurtenances shall from and after my decease go remain and be to the uses following that is to say to the use of my said husband Robert Aglionby Slaney and his assigns during his natural life without impeachment of waste and from and after his decease to the use of the said Robert Burton and John Oliver Hopkins their executors administrators and assigns for the term of six hundred years to be computed from the decease of my said husband without impeachment of waste upon the trusts nevertheless and subject to the proviso hereinafter declared and contained respecting the same and from and after the determination of the said term of six hundred years and in the meantime subject thereto and to the trusts thereof to the use of my dear daughter Mary Wynne the wife of William Watkin Edward Wynne of Peniarth in the County of Merioneth Esquire and her assigns during her natural life without impeachment of waste for her sole and separate use and benefit and not to be liable to the debts engagements or control of her said present or any future husband and her receipts alone notwithstanding her coverture to be good and effectual discharge for the rents and profits of the said hereditaments and premises And from and after the determination of that estate by any means in her lifetime to the use of the said William Henry Slaney and Thomas Plowden Presland their heirs and assigns during the life of my said daughter Mary Wynne to preserve the contingent remainders hereinafter limited from being defeated or destroyed but nevertheless to permit and suffer my said daughter Mary Wynne during her life to receive and take the rents and profits of the last mentioned messuages lands tithes and hereditaments for her sole and separate use and benefit in manner hereinbefore mentioned and from and after the decease of my said daughter Mary Wynne to such use or uses for the benefit of all or any one or more of the children or other issue of my said daughter Mary Wynne by her present or any future husband such other issue being born in her lifetime as she shall by deed executed in the presence of and attested by one or more witness or witnesses or by her last will or any codicil or codicils thereto direct or appoint and in default of any such appointment and so far as no such appointment may extend to the use of the first and every other son of my said daughter Mary severally and successively according to seniority in tail general and in default of such issue to the use of all and every the daughters and daughter of my said daughter Mary if more then one equally or her daughter if only one wholly in fee simple with cross or executory limitations over of the share or shares as well original as accruing of each of them or her dying under the age of twenty one years without leaving issue to the use of the others equally or the other of them if only one wholly in fee simple And in default of all such issue to the use of my own right heirs for ever And my will is and I hereby declare that the said last mentioned and appointed hereditaments and premises are hereinbefore limited to the said Robert Burton and John Oliver Hopkins their executors administrators and assigns for the said term of six hundred years upon trust that the said Robert Burton and John Oliver Hopkins or the survivor of them or the executors or administrators of such survivor shall as soon as conveniently may be after my decease by mortgage sale or other disposition of the said firstly hereinbefore described hereditaments and premises or any of them for the whole or any part of the said term or by with and out of the rents and profits of the said hereditaments and premises or by any other reasonable ways and means levy and raise the sum of six thousand pounds of lawful British money with interest for the same after the rate of four pounds per centum per annum to be computed from the day of the decease of the survivor of myself and of my said husband and shall pay the said sum of six thousand pounds unto my dear daughter Frances Catherine Slaney her executors administrators and assigns for her and their own use and benefit absolutely provided also and my will further is that when the trusts hereinbefore declared of the said term of six hundred years shall have been fully performed and satisfied and the trustees or trustee of the said term shall have been fully reimbursed and satisfied all charges and expenses (if any) to be occasioned by or relating to the trusts hereinbefore declared respecting the said term and which they and he are and is hereby authorised to levy and raise by the ways or means aforesaid and to retain accordingly the said term of six hundred years subject and without prejudice to any disposition which may have been made of the premises comprised therein or of any part thereof in pursuance of the trusts aforesaid shall absolutely cease and determine And by virtue and in further execution of all powers and authorities hereinbefore recited or mentioned or one of them and of all other powers and authorities in me vested or enabling me in this behalf I direct limit and appoint all and every the dwellinghouses lands tithes hereditaments and premises situate at Milford and Eyton in the said County of Salop as well those which I inherited or acquired from the said Joseph Muckleston deceased as those namely Milford Mill and Lands which I have acquired by purchase or exchange to the uses following that is to say to the use of my said husband and his assigns during his natural life without impeachment of waste and from and after his decease to the use of my said daughter Frances Catherine Slaney during her natural life without impeachment of waste for her sole and separate use and benefit and not to be subject to the debts engagements or control of any husband with whom she may intermarry and her receipts alone notwithstanding her coverture to be sufficient discharges for the rents and profits of the said hereditaments And from and after the determination of that estate by any means in her lifetime to the use of the said William Henry Slaney and Thomas Plowden Presland their heirs and assigns during the life of my said daughter Frances Catherine in trust to preserve the contingent remainder hereinafter limited from being defeated or destroyed but nevertheless to permit and suffer my said daughter Frances Catherine during her life to receive and take the rents and profits of the said last mentioned messuages lands and hereditaments for her sole and separate use and benefit in manner hereinbefore mentioned And from and after the decease of my said daughter Frances Catherine to the use of the first and every other son of my said daughter Frances Catherine Slaney severally and successively according to seniority in tail general And in default of such issue to the use of the daughters of my said daughter Francis Catherine if more than one equally or the daughter if only one wholly in fee simple with executory limitations over of the share or shares as well original as accruing or each of them or her dying under the age of twenty one years without leaving issue to the use of the others equally or the other of them if only one wholly in fee simple And in default of all such issue to the use of my own right heirs forever provided also and my will is and I hereby further declare that it shall and may be lawful for the said William Henry Slaney and Thomas Plowden Presland and the survivor of them and the executors or administrators of such survivor and other the trustees or trustee of this my will to be appointed as hereinafter mentioned with the consent in writing of the person or persons entitled by purchased under the limitations of this my will to an estate for life or entail in the messuage lands or tenements to be leased under any exercise of this present power if such person or persons be of full age but if not then of the proper authority of the said trustees or trustee to limit or appoint by way of demise or lease all or any part or parts of the said messuages lands tithes and hereditaments hereby appointed or devised with the appurtenances to any person or persons for any term or number of years not exceeding seven years to take effect in possession and not in reversion or by way of future interest so that there be reserved in every such demise or lease during the continuance thereof to be incident to the reversion of the hereditaments thereby to be demised the best or most improved yearly rent or rents that can be reasonably obtained for the same without taking any fine promise or foregift for the making thereof and so that the lessee or lessees and his or their executors administrators and assigns be not made dispunishable for waste by any words therein to be contained and that in every such case there be inserted a condition of *** or nonpayment of the rent or rents to be thereby reserved should the same or any part thereof be in arrears for the space of twenty one days after becoming due and so that the lessee or lessees to be therein named do make and execute a counterpart thereof And my will is and I hereby further declare that it shall be lawful for the said William Henry Slaney and Thomas Plowden Presland and the survivor of them and the executors and administrators of such survivor and other the trustees or trustee for the time being of this my will to be appointed as hereinafter mentioned

 

 

To be continued