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Muckleston Family History Group

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elizabeth slaney
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adelaideallen

1830

WILL OF JOSEPH MUCKLESTON

Source: Public Record Office Prob 11/1179.

 

This is the last will and testament of me Joseph Muckleston of Prescott near Shrewsbury in the Parish of Baschurch in the County of Salop Esq. made this thirty first day of March in the year of our Lord one thousand eight hundred and twenty four. I do hereby charge all my personal estate not hereinafter by me specifically given or disposed of with the payment of my just debts, funeral expenses and the costs and charges of proving my will. I give and devise my estates in Prescott in the parish of Baschurch in the said county of Salop and in Milford in the Chapelry of Little Ness in the said county of Salop and the Great Tithes of the township of Eyton on the parish of Baschurch aforesaid unto my niece Elizabeth Slaney wife of Robert Aglionby Slaney Esq and only daughter of my late brother William Hawkins Muckleston her heirs and assigns forever. I also give and devise all my estates in the several counties of Stafford, Leicester and Derby unto my said niece Elizabeth Slaney and her heirs and assigns forever. I give and devise all that my Manor of Walford and also all those my capital and other messuages, tenements and dwellinghouses, farms, lands, tithes and other hereditament with the *** members and appoints thereof situate lying and being in the several townships of Walford and Yeaton in the parish of Baschurch in the said county of Salop and which I lately purchased of and from Plowden Presland Esq and received in exchange from John Arthur Lloyd of Donkay Esq unto the Reverend Joseph Alsuith Cotton of Ellesmere in the said county of Salop Clerk, Joseph Pycroft of Burton upon Trent in the said county of Salop Esq and Thomas Avery of Uxbridge in the county of Middlesex Esq their heirs and assigns to the several uses upon the trusts and to and for the intents and purposes hereinafter expressed or declared of or concerning the same that is to say to the use of my sister in law Frances Muckleston of Walford aforesaid Widow and her assigns for and during the term of her natural life and from and after the determination of that estate by forfeiture or otherwise in her lifetime to the use of the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs during the life of my said sister in law Frances Muckleston in trust to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make *** and bring actions as occasion shall be or require but nevertheless to permit and suffer my said sister in law and her assigns during her life to receive and take the rents issues and profits thereof to and for her and their proper use and from and after the decease of my said sister in law to the use of my said niece Elizabeth Slaney and her assigns for and during the term of her natural life and from and after the determination of that estate by forfeiture or otherwise in her lifetime to the use of the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs during the life of my said niece Elizabeth Slaney in trust to support and preserve the continuous uses and estates hereinafter limited and by the usual ways and means to preserve the same from being defeated or destroyed but nevertheless to permit and suffer my said niece and her assigns during her life to receive and take the rents issues and profits thereof to and for her and their proper use and from and immediately after the decease of my said niece Elizabeth Slaney to the use of the said Robert Aglionby Slaney in case he shall then be living and his assigns for and during the term of his natural life and from and after the *** determination of that estate by forfeiture or otherwise in his lifetime to the use of the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs during the life of the said Robert Aglionby Slaney in trust to support and preserve the same from being defeated or destroyed but nevertheless to permit and suffer the said Robert Aglionby Slaney and his assigns during his life to receive and take the rents issues and profits thereof to and for his and their proper use and from and immediately after the several deceases of the said Frances Muckleston, Elizabeth Slaney and Robert Aglionby Slaney to the use of the first born son of the body of my said niece Elizabeth Slaney lawfully to be begotten and the heirs male of the body of such first son issuing and in default of such issue to the use of the second, third, fourth, fifth, sixth and all and every other the son and sons of the body of my said niece lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in priority of birth and the heirs male of the body and respective bodies of all and every such son and sons issuing from other of such sons and the heirs male of his body being always to be preferred and to take before every younger of the same sons and the heirs male of his body issuing and in default of such issue to the use of Elizabeth Frances Slaney daughter of my said niece and the heirs of the body of the said Elizabeth Frances Slaney lawfully issuing and in default of such issue to the use of Mary Slaney another daughter of my said niece Elizabeth Slaney and the heirs of the body of the said Mary Slaney lawfully issuing and in default of such issue to the use of Frances Catherine Slaney another daughter of my said niece Elizabeth Slaney and the heirs of the body of the said Frances Catherine Slaney lawfully issuing and in default of such issue to the use of all and every other the daughter and daughters of the body of my said niece Elizabeth Slaney lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike as tenants in common and the heirs of the body and bodies of all and every such daughter and daughters and on the death and failure of such issue of any one or more of such daughter or daughters then as well the original share or shares of such of them so dying and of whom there shall be a failure or issue as aforesaid as also such share or shares as shall arrive to her or them so dying or her or their issue on the death and failure of such issue to the uses of the said Plowden Presland his heirs and assigns forever. I give and devise all and every other messuages, tenements or dwelling houses, farms, lands, tithes and every other heredits with their and every of their appurts situate lying and being in the townships of Merrington and Walford and in the several parishes of Preston Gubbals and Baschurch in the said county of Salop and all other my personal and real estate not hereinbefore disposed of unto the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs and assigns to the several uses upon the trusts and for the intents and purposes hereinafter expressed or declared of or concerning the same, that is to say to the use of my said niece Elizabeth Slaney and her assigns for and during the term of her natural life and from and after the determination of that estate by forfeiture or otherwise in her lifetime to the use of the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs during the lifetime of my said niece Elizabeth Slaney in trust to support and preserve the contingent uses and estates hereinafter limited and by the usual *** means to preserve the same from being defeated or destroyed but nevertheless to permit and suffer my said niece and her assigns during her life to receive and take the rents issues and profits thereof to and for her and their proper use and from and after the decease of the said Elizabeth Slaney to the use of the said Robert Aglionby Slaney if he should be then living and his assigns for and during his natural life and from and after the determination of that estate by forfeiture or otherwise in his lifetime to the use of the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs during the life of the said Robert Aglionby Slaney in trust to support and preserve the contingent uses hereinafter limited and by the usual ways and means to preserve the same from being permitted or destroyed but nevertheless to permit and suffer the said Robert Aglionby Slaney and his assigns during his natural life to receive and take the rents issues and profits thereof to and for his and their proper use and from and after the several deaths of the said Elizabeth Slaney and Robert Aglionby Slaney to the use of the first born son of the body of my said niece Elizabeth Slaney lawfully to be begotten and the heirs male of the body of such first son issuing and in default of such issue to the use of the second, third, fourth, fifth, sixth and all and every other the son and sons of the body of my said niece lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in priority of birth and the heirs male of the body and respective bodies of all and every such son and sons issuing from other of such sons and the heirs male of his body being always to be preferred and to take before every younger of the same sons and the heirs male of his body issuing and in default of such issue to the use of Elizabeth Frances Slaney daughter of my said niece and the heirs of the body of the said Elizabeth Frances Slaney lawfully issuing and in default of such issue to the use of Mary Slaney another daughter of my said niece Elizabeth Slaney and the heirs of the body of the said Mary Slaney lawfully issuing and in default of such issue to the use of Frances Catherine Slaney another daughter of my said niece Elizabeth Slaney and the heirs of the body of the said Frances Catherine Slaney lawfully issuing and in default of such issue to the use of all and every other the daughter and daughters of the body of my said niece Elizabeth Slaney lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike as tenants in common and the heirs of the body and bodies of all and every such daughter and daughters and on the death and failure of such issue of any one or more of such daughter or daughters then as well the original share or shares of such of them so dying and of whom there shall be a failure or issue as aforesaid as also such share or shares as shall arrive to her or them so dying or her or their issue on the death and failure of such issue to the uses of my cousin the Reverend John Fletcher Muckleston of Lichfield in the county of Stafford Clerk, if he shall be then living and his assigns for and during the term of his natural life and from and after the determination of that estate by forfeiture or otherwise to the use of the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery and their heirs during the life of the said John Fletcher Muckleston in trust to support and preserve the contingent uses and estates hereinafter limited and by the usual ways and means to preserve the same from being defeated or destroyed but nevertheless to permit and suffer the said John Fletcher Muckleston and his assigns during his life to receive and take the rents issues and profits thereof to and for his and their proper use and from and on the decease of the said John Fletcher Muckleston to the use of the *** every other son and sons of the body of the said John Fletcher Muckleston begotten or to be begotten severally successively and in remainder one after another as they shall be in seniority age and priority of birth and the heirs male of the body and respective bodies of all and every such son and sons lawfully begotten and the heirs male of his and their body and bodies being *** preferred and to take before the younger of such sons and the heirs male of his and their body and bodies and in default of issue male of any or either of such son and sons to the use of my own eight heirs for ever of the name of Muckleston provided always and my will is that it shall not be lawful for any person or persons who for the time being shall be in possession of or entitled to the rents and profits of my said freehold estates situate in the aforesaid county of Salop before devised by virtue of this my will to cut down or sell any more timber or timber trees or other trees from off my same estates than which shall be absolutely necessary for the repair of my said Shropshire estates except nevertheless such timber and trees as shall have arrived at their full growth and age or shall be going to decay and *** which I hereby direct him her or them to cut down and sell for his her and their own use and benefit. I give and bequeath unto the said Robert Aglionby Slaney one thousand pounds three per cent consolidated bank annuities being part of the stock now standing in my name in the said funds. I give the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery, the sum of one thousand five hundred pounds stock in the said three per cent consolidated bank annuities in trust to pay one thousand pounds stock part *** to the treasure for the time being of the Salop Infirmary to be applied to the charitable uses thereof and the remaining five hundred pounds stock to the treasure form the time being of the Stafford Infirmary to be applied to the charitable uses and purposes thereof the two last mentioned sums of one thousand pounds and five hundred pounds stock to be paid or transferred within six calender months after my decease. I give unto the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery the sum of five hundred pounds stock in the three per cent consolidated bank annuities same for their own use and benefit as an acknowledgement of the trouble they may have in the execution of the trusts of this my will. I give to my cousin the said John Fletcher Muckleston the sum of one thousand pounds stock in the said three per cent consolidated bank annuities which said last mentioned legacies I direct shall be paid or transferred within twelve calendar months next after my decease. I give all my leasehold messuages or dwellinghouse with the heredits and appurtenances thereunto belonging situate and being and numbered 7 in Euston Square in the county of Middlesex unto my said niece Elizabeth Slaney for and during the term of her natural life and from and after the decease of the said Elizabeth Slaney I give the same leasehold premises unto my great niece the said Elizabeth Frances Slaney her executors and assigns. I give unto my said sister in law Frances Muckleston all that my leasehold messuages or dwelling house with the heredits and appurts thereunto belonging situate and being and numbered 21 in Euston Square aforesaid for and during the term of her natural life and from and after her decease I give and bequeath the said leasehold messuage or dwelling house numbered 21 and premises unto my great niece the said Mary Slaney her executors and admons. I give unto Sarah Key of Hampstead in the same county of Middlesex spinster all that my leasehold messuage or dwelling house with the heredits and appurtenances thereunto belonging situate and being and numbered 20 in Euston Square aforesaid for and during the term of her natural life and from and after her decease I give the same dwellinghouse and premises unto my great niece the said Frances Catherine Slaney her executors and admons. I give unto my godson Jonathan Muckleston Key the sum of five hundred pounds stock in the said three per cent consolidated bank stock annuities to be paid or transferred to him on attaining his age of twenty one years with the interest or dividends therefrom arising in the meantime to be paid and applied towards his maintenance and education. I give to my god daughter Louisa Muckleston daughter of the said John Fletcher Muckleston the sum of five hundred pounds stock in the said three per cent consolidated bank annuities to be paid or transferred to her on attaining her age of twenty one years with the interest or dividends therefrom arising and in the meantime to be paid and applied towards her maintenance and education. I give to Edward Muckleston of Bicton in the county of Salop Esquire the sum of one thousand pounds stock in the said three per cent consolidated bank annuities to be paid or transferred to him within twelve calender months after my decease. I give unto Wilhemina Catherine Lynam spinster daughter of the Reverend *** Lynam of the city of Bath Clerk the sum of One thousand pounds stock in the said three per cent consolidated bank stock annuities to be paid or transferred to her within twelve calendar months after my decease. I give to Mary Evans and Deborah Evans both of Prescott aforesaid spinsters the sum of one hundred pounds stock in the said three per cent consolidated bank annuities each to be paid or transferred to each of them within twelve calendar months after my decease. I give and bequeath to the Minister and Church Wardens of Baschurch and their successors the sum of fifty pounds stock in the said three per cent consolidated bank annuities upon trust to continue the sum in such funds or invest the produce thereof upon *** other securities at interest and lay out such interest upon Christmas Day yearly in the purchase of bread to be distributed to the poor of the said parish of Baschurch in such manner as they the said Minister and Church Wardens see fit within six calendar months after my decease. I give to my servant Sarah Thomas fifty pounds. I give to all my servants that shall be in my service at the time of my decease one years wages each for mourning over and above what shall be owing to them for wages at the time of my death. I give and bequeath to my three nieces the said Elizabeth Frances Slaney, Mary Slaney and Frances Catherine Slaney the sum of ten thousand pounds each. I give and bequeath unto the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery all the rest residue and remainder of my personal estate of what nature or kind soever and wheresoever upon trust that they the said Joseph Alsuith Cotton, Joseph Pycroft and Thomas Avery or the survivor of them or the executors or admons of such survivor shall and do as soon as conveniently may be after my decease collect gather in sell dispose of and convert the same and every part thereof into money and from time to time pay assign and transfer the whole of such my residuary estate and effects and all the interests and dividends thereforth to arise due therefore to such uses upon and for such trusts intents and purposes and *** under and subject to such *** provisos agreements and declarations as my said niece Elizabeth Slaney not withstanding her present or any future *** by any deed or deeds testament or testaments in writing with or without *** of ***ration or new appointment or by her last will and testament in writing or any codicil or codicils in writing thereto to be by her respectively legally executed shall from time to time or at any one time *** limit or appoint give or bequeath the same and in default of and until such direction limitation or appointment gift or bequest if ineffectual or incomplete shall extend and in the mean time subject thereto then upon trust that they my said trustees do and shall pay assign and transfer the same or so much thereof whereof no such direction limitation or appointment gift or bequest shall have been made unto and amongst all and every the child and children of my said niece Elizabeth Slaney living at the time of my decease in equal shares and proportions share and share alike and to take as tenants in common and not as joint tenants and in case there shall be no such child or children of my said niece living at her decease then I do hereby declare and direct that my said trustees shall stand possessed of such residuary estate and effects in trust for the executors or administrators of my said niece Elizabeth Slaney. I give unto the said Joseph Alsuith Cotton, Joseph Pycroft Thomas Avery and Robert Aglionby Slaney their heirs and assigns all such real estates as are now vested in me by way of mortgage in order to enable them with the greater ease and convenience to recover receive and get in the money secured by such mortgages for the purposes of this my will and I give to the said Joseph Alsuith Cotton, Joseph Pycroft Thomas Avery and Robert Aglionby Slaney their heirs and assigns all such real estate as are now vested in me upon any trust or trusts to hold the same to the said Joseph Alsuith Cotton, Joseph Pycroft Thomas Avery and Robert Aglionby Slaney their heirs and assigns upon the trusts affording the same and I declare that my said trustees and executors hereinafter named and their respective executors admons and assigns shall not be answerable or accountable the one or the others or other of them and that they or any of them shall not be charged or chargeable with or answerable for the acts receipts *** or default of the others or other of them but each of them for his own acts receipts and defaults only nor for any money rents profits but such only as they respectively shall actually receive by virtue of this my will no for any loss which shall or may happen by the act or failure of any banker steward or receiver or of any other person or persons whomsoever employed o acting in the said trusts under the said trustees for the time being and that they respectively shall be allowed all their notes charges damages and expenses to be occasioned by the execution of the trusts hereby in them reposed and I do lastly constitute and appoint the said Joseph Alsuith Cotton, Joseph Pycroft Thomas Avery and Robert Aglionby Slaney executors of this my last will and testament wrote on seven sheets of paper to the first six sheets set my hand and to this seventh or last sheet my hand and seal the day and year first above written - JOSEPH MUCKLESTON - signed sealed published and declared by the said testator Joseph Muckleston as and for his last will and testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses William Jeffreys, Wm ***, Wm Thomas.

 

Prescott near Shrewsbury

This is a codicil to my last will I give and bequeath to my faithful servant Sarah Thomas two hundred pounds of lawful money for her long and faithful service to me during health and sickness in addition to the sum of fifty pounds I have left her by my will - JOSEPH MUCKLESTON - dated this 18th day of October 1827

I the undersigned Joseph Muckleston of Prescott near Shrewsbury in the county of Salop Esquire do make and declare this to be a codicil to my last will and testament dated the thirty first day of March One Thousand Eight Hundred and Twenty Four I give and bequeath to Jonathan Key of Hampstead in the county of Middlesex Esquire and Henry Key of Tulsehill Brixton in the county of Surrey his brother two hundred pounds each I give and bequeath to Plowden Presland of Kentish Town in the county of Middlesex Esquire five thousand pounds. I give and bequeath to Thomas Plowden Presland his son for his kind attention to me two thousand pounds I give and bequeath to my servant Sarah Thomas in addition to two other legacies one of fifty pounds and the other of two hundred pounds left her by me three hundred pounds stock in the four percent bank annuities part of the stock now standing in my name and I give and bequeath to my housekeeper Elizabeth Stacey fifty pounds the whole of the above legacies I hereby request to be paid within twelve months after my decease as witness my hand this eighth day of May one thousand eight hundred and twenty eight this is the mark X of me the above named Joseph Muckleston witness the mark of the above named Joseph Muckleston. Thos Jones No. 10 Brunswick Square, Sarah Williams servant to Mr Joseph Muckleston Esquire.

 

to be continued.......