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elizabeth slaney
frankmucklestonallen
adelaideallen

1850

WILL OF JOHN MUCKLESTON

Source: Public Record Office Prob 11/2121.

 

This is the last will and testament of me John Muckleston of Shrewsbury in the county of Salop Gentleman. I give and devise all those my several messuages or dwelling houses warehouses and other premises with the hereditaments and appurtenances thereunto respectively belonging situate and being on Pride Hill, St Alkmunds Square and the Wyle Cop in Shrewsbury aforesaid and now or late in the several occupations of my son Richard Jeffries Muckleston, Peter Elsmore and myself. And also all other real estate whatsoever and wheresoever and whether in possession, reversion, remainder or expectancy unto my wife Margaret Muckleston and Jonathon Scarth of Shrewsbury aforesaid Gentleman their heirs and assigns to hold the same unto and to the use of the said Margaret Muckleston and Jonathon Scarth or the survivor of them her or his heirs or assigns do and shall as soon as conveniently may be after my decease absolutely sell and dispose of my said real estate either altogether and at one time or in several lots or parts and at several times and either by private contract or public auction with power to buy in the same at any auction without incurring any personal liability thereby to any person or persons for such price or prices in money and generally and in every respect in such manner as they she or he shall think proper and so and shall for the purpose of effecting such sale or sales *** into execute and make all necessary contracts *** and assurances to the purchaser or purchasers thereof. And do and shall permit the money which shall arise from or be produced by any such sale or sales to fall into and form part of my personal estate and effects hereinafter bequeathed. I give the use and enjoyment of all my household goods and furniture, plate, linen, china, glass and other effects of the same kind unto my said wife for and during the term of her natural life. I give and bequeath all my monies, securities for monies and all other my personal estate and effects and also my household furniture, plate, linen, china, glass and other effects subject to the life interest of my said wife therein) unto the said Margaret Muckleston and Jonathon Scarth their executors administrators and assigns upon trust to receive collect and call in sell dispose of and convert into ready money so much and such part thereof as shall not consist of money. And I direct that my said trustees or trustee do and shall in the first place *** and out of the monies to arise and be received by the ways and means hereinbefore mentioned pay satisfy and discharge all my just debts funeral and testamentary expenses the costs and charges of proving this my will and of selling and converting into money my said real and personal estates. And as to the residue of my said monies personal estate and effects which shall remain after performance of the trusts aforesaid upon trust to place out and invest the same ( or such part thereof as shall not be then already placed out ) on security either in or upon any of the public stocks or funds of Great Britain or upon Government or Real Securities in England or Wales with power to vary the same as occasion shall require and do and shall pay the interest dividends and annual produce thereof and also the rents and profits of my said real estate until the same shall be sold and disposed of as aforesaid unto my said wife Margaret Muckleston for and during the term of her natural life for her own absolute use and benefit. And from and after her decease my said trustees or trustee do and shall stand possessed of and interested in the said trust monies stocks funds and securities and the dividends interests and profits thereof following ( that is to say ) upon trust in the first place to raise and pay unto my son Samuel Muckleston the legacy or sum of five hundred pounds and to my daughter Catherine Bigg the legacy or sum of two hundred pounds which said last mentioned sum I had intended to bequeath to my said wife but at her request I have bequeathed the same in manner aforesaid to my said daughter Catherine Bigg. And upon trust in the next place to pay to my sons Richard Jeffries Muckleston and William Muckleston the sum of two hundred and seventy four pounds apiece which I hereby bequeath to them respectively in consideration of and as consideration for the several sums of money advanced by them to or for the use of my late son Joseph Muckleston and in compensation for the loss of interest on such sums and in case my said sons or either one of them shall die in the lifetime of my said wife then I direct my trustees to pay the legacy or legacies of my said son or sons unto his or their executors or administrators. And as to the clear residue of all and singular the aforesaid stocks funds and securities and the accruing dividends interest and income thereof my said trustees or trustee do and shall stand and be possessed thereof upon the trust following (that is to say) As to five equal sixth parts or shares thereof the whole into six equal parts to be considered as divided, In trust for my said sons Richard Jeffries Muckleston, William Muckleston and Samuel Muckleston and my daughters Sarah Burfield and Catherine Bigg their respective executors, administrators and assigns as tenants in common and not as joint tenants. And as to the remaining one sixth part or share of the aforesaid trust monies stocks funds and securities my said trustees or trustee do and shall stand possessed thereof in trust for all and every the child and children now born or hereinafter to be born of my son John Muckleston who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry which shall first happen provided always and I hereby declare that it shall be lawful for the trustees or trustee of this my will after the decease of my said wife during the minority of such child or children to pay and apply the dividends and income from time to time accruing on his her or their presumptive share or shares in the trust monies lastly hereinbefore bequeathed in or towards the maintenance education and benefit of such child or children. And I further declare that during the life of Mary the wife of the said John Muckleston it shall be lawful for my said trustees or trustee to pay the aforesaid dividends interest and income into her hands for such purpose. And I declare that the receipt of the said Mary Muckleston notwithstanding coverture shall be a good and sufficient release and discharge for all monies so paid provided also that it shall be lawful for my said trustees or trustee after the decease of my said wife to apply towards the advancement or proficiency in the world of all or any such children as aforesaid all or any part of his her or their presumptive share or shares under the trusts aforesaid. Provided also that my said son Richard Jeffries Muckleston shall be desirous of purchasing the messuage shop hereditaments and premises on Pride Hill aforesaid now occupied by him on such terms as hereinafter mentioned it shall be lawful for him to do so and I direct my said trustees or trustee to convey the same to him accordingly. And I do hereby direct that the price to be paid by my said son for the purchase thereof shall be fixed upon by two indifferent persons one to be chosen by my said son Richard Jeffries Muckleston and the other by my said trustees or the survivor of them or in case of the disagreement of the said referees by an umpire chosen by such two referees. And it shall be an instruction to the said referees or umpire to take into consideration the alterations and improvements made by my said son on the said premises at his own expense considering also the number of years occupancy he has had of the same premises at a rent considerably below the actual value but the sum to be allowed to my said son Richard in the purchase money for the said premises in respect of the said improvements shall not in any event exceed the sum of two hundred pounds provided also that in case my said wife shall be desirous that the sale of my said real estate or any part thereof shall be postponed until after her decease it shall be lawful for my trustees or trustee subject nevertheless in the mean time to the option of my said son Richard to purchase the dwelling house and shop in which he now resides immediately after my decease to delay the same thereof until the happening of such event and I hereby direct that the accruing rents and profits thereof to be paid to and received by my said wife during her life. And I do hereby declare that the receipts in writing of my said trustees or trustee for the time being under their her or his hands or hand for any purchase or other monies payable to them her or him under this my will shall from time to time be a sufficient discharge to the person or persons paying the same and his her or their respective heirs executors administrators and assigns who after such payment shall not be obliged to see to the apportion thereof or any part thereof. I give all the loyal interests vested in me as a trustee or a mortgagee in any real or personal estate unto and to the use of my said trustees their heirs executors administrators and assigns upon such trusts and subject to such equities as shall be subsisting therein respectively. And I nominate constitute and appoint my said wife Margaret Muckleston and the said Jonathon Scarth executrix and executor of this my will and it is my will that the said trustees and executors shall be charged and chargeable only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them her or him reposed not withstanding they or either of them may give sign or join in and receipt or receipts for the same of *** and that each of them shall only be answerable for himself and herself and his and her own acts and not for any involuntary loss and that it shall be lawful for them to reimburse themselves their costs and expenses in discharging the trusts hereby in them reposed provided lastly that if my said trustees hereinbefore named or either of them or any trustee or trustees to be appointed as hereinafter is mentioned shall die disclaim or decline or become incapable to act in the trusts aforesaid before *** same shall be fully executed then and so often as such case shall happen it shall be lawful for the surviving or continuing trustee for the time being by any deed or deeds instrument or instruments in writing to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying discharging declining or becoming incapable to act as aforesaid and in every such appointment the necessary assurances shall be executed for vesting my trust estate in the new and old trustees solely as the case may require. I hereby revoke all former and other wills by me at any time herebefore made and declare this to be my last will. In witness whereof I the said testator John Muckleston have to each of the four sheets of paper on which this my last will and testament is written and contained set my hand this eleventh day of February one thousand eight hundred and fifty - JOHN MUCKLESTON - Signed by the said testator John Muckleston as and for his last will and testament in the presence of us present at the same time and who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto. James Jackson Solicitor Shrewsbury, *** *** Shrewsbury Gentlewoman.

Proved at London 1st October 1850 before the Judge by the oath of Margaret Muckleston Widow the Relict and Jonathon Scarth the executors to whom Admon was granted having been first sworn by *** duly to administer.

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Will Summary

Date: 11th February 1850. Proved 1st October 1850

Property: In Shrewsbury Salop at Pride Hill, St Alkmunds Square and Wyle Cop.

Bequests: Household Items to his wife. Real estate to be sold and after his widows death residue of his estate to be divided into six parts for his sons Richard Jeffries Muckleston, William Muckleston, Samuel Muckleston and daughters Sarah Burfield and Catherine Bigg. The final sixth going to the children of his son John. His son Richard Jeffries had the option to buy the property in Pride Hill.

Executors: Wife Margaret and Jonathon Scarth.

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Genealogical Data.

John Muckleston [Ref 0297]

Occupation: Shoemaker and Burgess.

Born: Circa 1775

Married: Margaret Jeffries 7th September 1794 St Julians Shrewsbury [she died in 1851]

Died: 17th March 1850 [Buried St Julians 22nd]

Parents: Edward Muckleston and Sarah

Children: Richard Jeffries, Sarah, Edward*, John [a bankrupt], William, Samuel*, Joseph, Catherine.

* pre deceased him.