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1837

 

WILL OF FRANCES MUCKLESTON

Source: Public Record Office Prob 11/1886.

 

This is the last will and testament of me Frances Muckleston of Walford in the parish of Baschurch in the County of Salop Widow. First I direct that all my just debts funeral and testamentary expenses shall be fully paid and satisfied. I give and bequeath unto my son in law Robert Aglionby Slaney the sum of three hundred pounds for the affectionate kindness he has shown me. I give and bequeath to my granddaughters Elizabeth Frances Eyton, Mary Slaney and Frances Catherine Slaney children of the said Robert Aglionby Slaney and my daughter Elizabeth Slaney his wife the sum of one hundred pounds each. Also I give and bequeath unto my brother Plowden Presland and Harriet his wife the sum of one hundred pounds each. To my nephew Thomas Plowden Presland and my nieces Elizabeth Presland and Frances Harriet Bullock the wife of Thomas Bullock the sum of one hundred pounds each. Also I give and bequeath to my friends Miss Margaret Kynaston, Miss Anne Kynaston and Miss Anna Middleton all residing in The Crescent, Shrewsbury and to the Reverend William Hopkins Rector of Fitz in the said county of Salop Clerk (one of the trustees hereinafter named) the sum of ten pounds apiece as a trifling token of regard and I give and bequeath unto the said William Hopkins, Robert Aglionby Slaney and Elizabeth his wife and to the Vicar of the Parish of Baschurch for the time being their executors administrators and assigns the sum of thirty pounds sterling upon trust that they or the survivors or survivor of them or the executors or administrators of such survivor or other the trustees or trustee for the time being of the said sum of thirty pounds shall lay out and invest the same upon Government or Real Security at Interest in their names and do and shall pay the interest and dividends thereof yearly forever to the most industrious poor with the largest families in the said parish of Baschurch not receiving relief from the said parish the same to be divided between such poor as aforesaid at Christmas in every year at the discretion of my said daughter Elizabeth Slaney during her life if and when she shall be resident in the said parish and in case at any time she shall not be resident in the said parish then at the discretion of the resident Clergyman for the time being of the parish of Baschurch. I give to my friend Jane Cassandra Case if she shall be living with me at the time of my death the sum of one hundred pounds. I give to William Griffiths if he shall be in my service at the time of my decease the sum of ten pounds and mourning and also the sum of five pounds and mourning to Hannah the wife of the said William Griffiths. Also I give to Elizabeth Gould the sum of ten pounds. To Sarah Griffiths in case she shall be living with me at the time of my decease an annuity of ten pounds for her life to commence at my death and be payable half yearly and also to the said Sarah Griffiths a legacy of ten pounds and mourning and one years wages in addition to what may be due to her besides the ten pounds a year hereinbefore given to her and I likewise give to her the said Sarah Griffiths all my wearing apparel which I shall not otherwise dispose of and I give to each of my other servants who shall be living with me at the time of my decease and who shall have lived with me for two years and upwards next preceding my decease the sum of five pounds and mourning together with one years wages in addition to what may be due to them respectively all which said pecuniary legacies I direct shall be paid by my executors within six calendar months next after my decease. I give and bequeath unto the said William Hopkins, Robert Aglionby Slaney and Elizabeth his wife their executors and admons all the stock standing in my name in the three per cent *** Bank Annuities upon the trusts hereinafter mentioned (that is to say) upon trust that my said daughter Elizabeth Slaney shall and may receive take and enjoy the dividends interest and annual produce of the said trust stock for and during the term of her natural life for her own sole and separate use and benefit free from the debts *** or engagements of her present or any future husband for which purpose the receipt in writing of my said daughter Elizabeth Slaney shall alone be a sufficient discharge for the same and it is my will and desire that my said daughter do and shall give to and amongst those widows in the parish in which she shall reside whom she shall think most deserving of the same the sum of two pounds yearly on Christmas Day during her life and from and after the decease of my said daughter Elizabeth Slaney then upon trust that the survivors or survivor of them do and shall stand possessed of and interested in the said trust stock and the dividends interest and annual produce thereof in trust for my said granddaughters Elizabeth Frances Eyton, Mary Slaney and Frances Catherine Slaney in equal shares and proportions the same to be paid to them respectively at their respective ages of twenty one years or day or days of marriage which shall first happen but if the same shall have happened in the lifetime of my said daughter then immediately after her decease with benefit of survivorship to and amongst my said granddaughters in case of the death of any one or more of them under the age of twenty one years and without having been married and in case all my said grandchildren Elizabeth Frances Eyton, Mary Slaney and Frances Catherine Slaney shall happen to die in my lifetime or in surviving me shall die without having attained the age of twenty one years or having been married then upon further trust that my said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall pay the interest and dividends of the said trust stock to my said brother Plowden Presland or permit and suffer him to receive the same for and during the term of his natural life and from and immediately after his decease then do and shall pay transfer and assign the said trust stock *** and between my said nephew and nieces Thomas Plowden Presland and my nieces Elizabeth Presland and Frances Harriet Bullock and their respective executors and administrators share and share alike. I give to my old and faithful servant Elizabeth Gould one annuity or yearly sum of thirty pounds from the time of my decease for and during the term of her natural life the same to be paid to her by four equal quarterly payments in the year and I do direct that a sufficient sum shall be set apart from my personal estate to provide for the payment of the said annuity and also the annuity hereby given to the said Sarah Griffiths and shall for that purpose be laid out or invested in or upon Government or Real Security in the names or name of the said William Hopkins, Robert Aglionby Slaney and Elizabeth his wife or the survivors or survivor of them or the executors or administrators of such survivor during the respective lives of the said Elizabeth Gould and Sarah Griffiths. I will and desire that all the legacies and bequests hereinbefore by me given of money or of stock and whether by way of annuity or of gross sums shall be paid free of legacy duty and I direct my executors hereinafter named to pay such legacy duty out of the residue of my personal estate. I give and bequeath unto my said son in law Robert Aglionby Slaney my Gold Repeating Watch and Silver Tankard it is also my will that all my plate linen and wines together with a pair of cases with knives forks and spoons in them shall be equally divided between my said brother Plowden Presland and my said daughter Elizabeth Slaney my said daughter Elizabeth Slaney taking her share of the two shares and if my said brother Plowden Presland shall happen to die in my lifetime his said son Thomas Plowden Presland to have his share. I also give and bequeath unto my said daughter Elizabeth Slaney my painted cabinet with all my china books rings pearls and lace and also all my household goods and furniture and all fixtures belonging to me at the time of my decease in my dwelling house at Walford aforesaid and also my carriage horses farming stock and instruments of husbandry. Also I give and bequeath unto the said Robert Aglionby Slaney and Elizabeth his wife the said Plowden Presland and Harriet his wife the said Thomas Plowden Presland, Elizabeth Presland and Frances Harriet Bullock mourning rings or brooches containing some of my hair and also I direct that my executors shall pay for the tea the receiving members of Baschurch Female Club on the twenty fourth day of June next after my decease. I give devise and bequeath unto my dear nephew Thomas Plowden Presland his executors administrators and assigns all that my leasehold messuage or dwelling house with the out offices and appurtenances thereunto belonging being No. 5 Euston Square London in the County of Middlesex to hold the same unto the said Thomas Plowden Presland his executors administrators and assigns for all the estate *** and interest which I shall be entitled to therein at the time of my decease to and for his and their own absolute use and benefit he the said Thomas Plowden Presland paying all the ground rent due and to become due for the same premises doing all necessary repairs and performing all the covenants of the lease on the lessees part to be performed and I also give to the said Thomas Plowden Presland all rent and arrears of rent which shall be due to me at my decease in respect of the said messuage and premises. I give the rest residue and remainder of all my money securities for money and personal estate and effects of what nature or kind soever and whatsoever unto my said son in law Robert Aglionby Slaney and Elizabeth his wife and whereas Joseph Muckleston late of Prescott in the said County of Salop Esq deceased did on or about the twelfth day of February one thousand eight hundred and twenty seven transfer into my name five thousand pounds stock in the three per cent consolidated bank annuities for my own benefit during my life and after my decease to be disposed of by me to my brother the said Plowden Presland and his said wife and family in such manner as I should think proper now I do hereby give and bequeath the said sum of five thousand pounds stock unto my said trustees the said William Hopkins, Robert Aglionby Slaney and Elizabeth his wife or the survivors or survivor of them or the executors or administrators of such survivor upon the trusts and to and for the intents and purposes following that is to say as to one third part of the said five thousand pounds stock upon trust to pay the interests and dividends thereof unto my said brother Plowden Presland and his assigns for his life and as to one third part of the said five thousand pounds stock upon trust to pay the dividends and interest thereof unto the said Harriet the wife of my said brother Plowden Presland for and during the term of her natural life for her own sole and separate use independently of her said husband and without being subject to or liable to his debts control or engagements and I direct that her receipt and receipts alone shall be a sufficient discharge for the same and as to the remaining third part or share of the said five thousand pounds stock and also as to the other two third parts or shares thereof subject to the trusts declared thereof respectively during the respective lives of the said Plowden Presland and Harriet his wife unto trust for my said nephews and nieces Thomas Plowden Presland, Elizabeth Presland and Frances Harriet Bullock and their respective executors administrators and assigns in equal shares and proportions for his her and their own absolute benefit and upon trust to assign and transfer the same principle stock unto and between the said Thomas Plowden Presland, Elizabeth Presland and Frances Harriet Bullock their respective executors administrators and assigns in equal shares and proportions accordingly provided always that if the said Harriet the wife of the said Plowden Presland shall happen to survive him and shall afterwards marry again then and in that case her life estate and interest of and in the said one third or share of the said five thousand pounds stock of which the dividends and interest are so directed to be paid to her for her life as aforesaid shall be forfeited and the same shall be thereupon forthwith paid assigned or transferred on or amongst her children the said Thomas Plowden Presland, Elizabeth Presland and Frances Harriet Bullock and their respective executors administrators assigns in equal shares and proportions in like manner as if the said Harriet the wife of the said Plowden Presland were actually dead. And I do hereby declare and direct that it shall be lawful to and for the trustees or trustee for the time being acting in the execution of the trusts of this my will to alter change and vary from time to time the trust stock funds and securities in or upon which any of the trust monies hereinbefore bequeathed shall be invested so as the same shall be paid out or invested in or upon real or Government Securities in England as they he or she in their his or her discretion shall think fit and that the receipt or receipts of the said trustees or trustee for the time being shall be a good and sufficient discharge for all or any part of the said trust monies property and securities or the rents interest dividends and annual produce thereof as in such receipt or receipts shall be acknowledged or expressed to be received provided always and I do hereby declare and direct that if all or any of the trustees hereinbefore appointed or any trustee or trustees hereinafter is mentioned or their respective heirs executors administrators or assigns shall happen to die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them reposed in such case and when and so often as the same shall happen it shall and may be lawful to and for the then surviving or continuing trustees or trustee or the executors or administrators of the last surviving or continuing trustee by any writing or writings under his her or their hand and seal or hands and seals to be attested by two or more credible witnesses from time to time nominate substitute and appoint any other person or persons to be trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged from or refusing declining or being incapable to act as aforesaid and when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid all the personal estate monies and premises which shall be then subject to the trusts of this my will shall be thereupon with all convenient speed assigned and transferred in such manner as that the same shall and may be legally and effectually vested subject nevertheless to all the trusts of this my will or such of them as shall be then necessary and capable of taking effect in the surviving or continuing trustee or trustees or if their shall be no continuing trustee then in such trustees or trustee solely as occasion shall require and so as that every such new trustee shall be possessed of and *** with all such and the same estates rights interests trusts and powers and be entitled to all such privileges and exemptions as if he were originally appointed a trustee by this my will provided also that in addition to the other trustees acting in the execution of the trusts of this my will the Vicar of Baschurch for the time being shall at all times be the trustee of the sum of thirty pounds by me bequeathed for the benefit of the poor of the said parish of Baschurch if and when he shall be willing to act in the said trust and that the trustees or trustee for the time being acting in the execution of the trusts of this my will or any of them their heirs executors or administrators shall not be responsible for any more or other of the said trusts property and monies than they shall severally actually receive nor the one for the other or others of them but each for his own acts receipts and defaults only nor for any loss that may happen by failure of any bank banker or other persons with whom the same shall and may be lodged for safe custody nor for any involuntary losses whatsoever and that it shall be lawful for the said trustees or trustees for the time being to deduct and retain out of the said trust money stocks funds and securities all costs charges damages expenses which they either or any of them shall or may pay sustain or be put unto or about the execution of the trusts hereby in them reposed. I request that if my said brother Plowden Presland shall survive me and be residing in Great Britain at the time of his decease my said son in law Robert Aglionby Slaney and Elizabeth his wife will have his remains buried in the vault with his brother the Reverend Thomas Presland at Baschurch and his name put on the tablet, his son the said Thomas Plowden Presland my said son in law Robert Aglionby Slaney if he shall then be in the country and the officiating clergyman of the parish to attend the funeral. I also request that if my said nephew Thomas Plowden Presland shall survive me and be residing in Great Britain at the time of his decease my said son in law Robert Aglionby Slaney and Elizabeth his wife will have his remains buried in the same vault at Baschurch with his said uncle Thomas Presland and his name put on the tablet. And I constitute and appoint my said son in law Robert Aglionby Slaney and Elizabeth his wife executor and executrix of this my will hereby revoking all former wills by me made and declare this to be my last will and testament contained in nine sheets of paper set my hand and seal that is to say to the first eight sheets my hand and to this ninth and last sheet my hand and seal the twenty first day of March in the year of our lord one thousand eight hundred and thirty seven - Frances Muckleston - signed sealed published and declared by the said testatrix Frances Muckleston as and for her last will and testament in the presence of us who in her presence and at her request and in the presence of each other have hereunto subscribed our names as witness thereto Mr *** How Solicitor Shrewsbury, Mr Andrew Thring Gentleman Shrewsbury, Mr Meir Clerk to Mr How Solicitor Shrewsbury.

 

This is a codicil to the last will and testament of me Frances Muckleston of Walford in the county of Salop widow which will bears even date herewith but has already been executed by me. Whereas Joseph Muckleston late of Prescott in the said county of Salop Esq deceased founded and established a school for the instruction of children in Bomere Heath in the parish of Preston Gubbals in the said county which is now carried on at a house there built by him for that purpose and whereas I am desirous that the said school or any school which may be substituted re-established or founded in lieu thereof and conducted governed and regulated upon the like principles and manner as the said school so founded and established by the said Joseph Muckleston as aforesaid is now conducted governed and regulated should at all times from and after my decease be visited in the manner and for the purposes hereinafter expressed by a clergyman of the Church of England to be from time to time appointed by the trustees or trustee for the time being under this codicil in order to make provision for the above mentioned purpose. I give and bequeath unto my nephew Thomas Plowden Presland of the Greenfields near Shrewsbury in the county of Salop Esquire, The Reverend William Jones Clerk Vicar of Baschurch in the said county of Salop Gentleman and William Wyborgh How of Shrewsbury in the said county of Salop Gentleman such sum of sterling money of Great Britain as shall be necessary and sufficient to enable the same Thomas Plowden Presland, William Jones and William Wyborgh How to purchase seven hundred pounds three pounds per centum Consolidated Bank Annuities of Great Britain in manner hereinafter mentioned intending the expenses of the purchase nevertheless upon the trusts to and for the intents and purposes and with under and subject to the powers provisos and declarations hereinafter limited created expressed and declared of and concerning the same and I do hereby charge the said legacy or sum of money so by me given and bequeathed unto the said Thomas Plowden Presland, William Jones and William Wyborgh How as aforesaid upon and direct that the same shall be paid by the executors of my will unto the said Thomas Plowden Presland, William Jones and William Wyborgh How solely and exclusively from and out of my personal estate and my will is I do hereby direct and declare that the said Thomas Plowden Presland, William Jones and William Wyborgh How and the survivors and survivor of them the executors administrators and assigns for such survivor shall and do stand possessed and interested of and in the said legacy or sum of money so by me given and bequeathed to them as aforesaid upon trust that they the said Thomas Plowden Presland, William Jones and William Wyborgh How and the survivors or survivor of them and the executors and assigns of such survivor shall and be with and out of the same legacy or sum of money purchase in their or his name or names seven hundred pounds three pounds per centum Consolidated Bank Annuities are upon further trusts that the said trustees or trustee for the time being acting under and by virtue of this codicil to my said will shall and do from time to time pay the dividends of the said seven hundred pounds three pounds per centum Consolidated Bank Annuities as and when the same shall arise and be received by them or him unto such a person being a clergyman of the church of England as established by law as shall from time to time thereafter during such time thereafter during such time as the said school founded and established by the said Joseph Muckleston or any other school at any time or times hereafter substituted re-established or founded in lieu thereof and conducted governed and regulated upon such and the like manner as the said school is founded and established by the said Joseph Muckleston as aforesaid now conducted governed and regulated shall subsist or be carried on at Bomere Heath aforesaid be nominated and appointed by the said trustees or trustee for the time being or the major part of them in manner hereinafter mentioned to visit the said school so founded and established by the said Joseph Muckleston or so to be substituted re-established or founded in lieu thereof as aforesaid on any day and days (except Sundays) once or oftener in every fortnight and to examine instruct the children for the time being educating in the same school in the knowledge of the orthodox principles and liturgy of the Church of England as established by law and of the Old and New Testament and as to their knowledge and observance of their moral duties in manner aforesaid and according to the purpose and true intent meaning of this codicil provided always and I declare my will to be that if at any time or times after my decease the said school so founded and established by the said Joseph Muckleston or so to be substituted re-established or founded in lieu thereof as aforesaid shall by civil ecclesiastical or lawful authority be prohibited or prevented from being carried on or shall cease to be carried on for or by reason of the failure or deficiency of funds for carrying on the same or for or by reason of any other all matter or thing whatsoever then and in every such case if the same school shall not being o prohibited prevented from being carried on or so cease to be carried on for twelve calendar months in succession the visitor for the time being so nominated and appointed as aforesaid shall continue entitled during such suspense of the said school to the receipt of the dividends of the said seven hundred pounds three pounds per centum Consolidated Bank Annuities in the same manner as if the school had continued to be carried on. If such school shall be so prohibited or prevented from being carried on or shall so cease to be carried on for twelve calendar months in succession therein in every such case the dividends of the said seven hundred pounds three pounds per centum Consolidated Bank Annuities which from time to time shall fall due after the same school or any school to be substituted re-established or founded in lieu thereof as aforesaid shall be resumed or carried on again shall be laid out and expensed by the trustees or trustee for the time being under this codicil yearly and every year at Christmas in the purchase of blankets coal or flannel for the use and benefit of and to be distributed by the said trustees or trustees among such poor persons residing in the parish of Baschurch aforesaid as my daughter Elizabeth Slaney wife of Robert Aglionby Slaney of Walford aforesaid Esquire if then being and residing within the parish of Baschurch aforesaid or as the Vicar and Church Wardens for the time being of the parish of Baschurch if my said daughter Elizabeth Slaney be then dead or be not then resident within the parish of Baschurch aforesaid shall direct and my will is and I do require and direct that the said trustees or trustee for the time being or the major part of them do and shall as soon as conveniently maybe after my decease and from time to time and at all times thereafter during such time as the said school founded and established by the said Joseph Muckleston or any school so to be substituted re-established or founded in lieu thereof as aforesaid shall subsist or be carried on as aforesaid as occasion shall arise by reason of the death resignation or revocation of the appointment of any person who under or by virtue of this my codicil shall have been nominated and appointed to visit the said school so founded and established or so to be substituted re-established or founded as aforesaid nominate and appoint such person being a clergyman of the Church of England as established by law to visit the said school so founded by the said Joseph Muckleston or so to be substituted re-established or founded in lieu thereof as aforesaid on any day or days (except Sundays) once or oftener in every fortnight and to examine and instruct the children for the time being educating in the same school in the knowledge of the orthodox principles and liturgy of the Church of England as established by law and of the Old and New Testament and as to their knowledge and observance of their moral duties by the said trustees and trustee for the time being or the major part of them shall be decided a fit and proper person to be nominated and appointed for that purpose provided always and my will is and I do hereby declare that it shall be lawful for the said trustees or trustee for the time being or the major part of them from time to time and at anytime or times hereafter upon giving three calender months previous notice in writing to the person who for the time being shall be such visitor as aforesaid under or by virtue of this codicil of their or his intention in that behalf in writing under their or his hands or hand and at their or his *** discretion to revoke annul and determine the nomination and appointment of such person as such visitor as aforesaid and then upon such nomination and appointment and all and every benefit and advantage therefrom arising or arriving unto such person under and by virtue of this codicil shall forthwith cease determine and be void to all intents and purposes anything hereinbefore to the contrary thereof contained in anywise not withstanding and my will is and I do hereby declare that any person being a trustee for the time being acting under and by virtue of this codicil only qualified in other respects pursuant to the provisions and according to the purporting intent and meaning of this codicil shall not be qualified hindered or prevented by reason or on account of being nominated and appointed by the said trustees or trustee for the time being acting under and by virtue of this codicil or the major part of them to be such visitor as aforesaid

 

 

 

To be continued