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1773

 

WILL OF RICHARD MUCKLESTON

Linen Draper of Stoke Newington.

 

Source: Public record Office. Prob 11/992

 

In the name of God Amen. I Richard Muckleston of Stoke Newington in the county of Middlesex Gentleman but formerly of Cheapside London being in health of body and of sound and disposing mind and understanding do make my last will and testament in manner following and first and principally I commend my soul to Almighty God my creator trusting assuredly to a joyful resurrection at the last day to life eternal through the merits and mediation of my blessed saviour and redeemer Jesus Christ and as to all such worldly estates as it hath or shall please God to bless me with I dispose thereof as follows, first I give and devise unto my eldest son Joseph Muckleston and his heirs forever all that my farm and lands called Ty Caugh situate in the parish of Sellatin Oswestry in the County of Salop subject nevertheless and charged and chargeable with the payment of a year annuity or yearly sum of eight pounds to Mrs Mary Powell for the term of her natural life payable half yearly at the feast of the Ammuration of the Blessed Virgin Mary and St Michael the Archangel the first of such payments to begin and be made at such of the said feasts as shall first happen after my decease. Item. I also give and devise unto my said son Joseph all that my capital messuages or tenement situate lying and being in Meriton and Preston Gubbals in the said county of Salop with the barns stables buildings closes and parcels of land hereditament and appurtenances whatsoever thereunto belonging usually held occupied or enjoyed therewith now or late in the tenure or occupation of William Davies or his undertenant and which was devised to me by the will of my late brother Joseph Muckleston deceased to hold to him his heirs and assigns forever and whereas I am also seized or possessed of other messuages lands and tenements in Meriton and Preston Gubbals aforesaid or one of them formerly in the tenure or occupation of Thomas Morris, Thomas Gate, Richard Gate, Bartholowmew Colvax and Thomas Senning and now or late of Edward Colvax, the widow Griffith, Edward Senning, William Davies, Thomas Evans and William Clayton Blacksmith or their undertenants and also of four messuages or tenements stable and garden in the parish of St Chad in Shrewsbury which were devised to me by the will of my said late brother Joseph Muckleston chargeable with the payment of the sum of one thousand pounds within six months after I should come into possession of the same to the child and children of my heir Katherine the wife of Samuel Griffiths by any after taken husband and for default of such issue to the children of my sister Jones equally to be divided between them and their lawful representatives now I do hereby give and devise the several last mentioned messuages lands tenements and hereditament unto my said eldest son Joseph and his heirs forever chargeable nevertheless with the payment of the said one thousand pounds to the children of my sister Jones according to the will of my said brother Joseph my said heir being dead without issue. Item. I give and bequeath unto my youngest son William Hawkins Muckleston the sum of three thousand pounds to be paid out immediately after my decease in the purchase of Orphans Stock in the Chamber of London in the joint names of my brother in law Isaac Hawkins Esquire and my nephew William Jones Esquire in trust for the benefit of my said son William and to be transferred to him at his age of twenty one years and the interests or dividends thereof in the mean time I direct shall be paid and applied for or towards his maintenance and education but in case of his death without issue during his minority then I give and bequeath the same unto my son Joseph. Item I give and devise unto my dear wife Mary Muckleston all that my capital messuage or tenement situate and being Prescott in the parish of Baschurch and County of Salop now or late in the tenure or occupation of Sarah Harris and Thomas Evans or one of them or their undertenants with all and singular houses outhouses barns buildings gardens orchards lands meadows *** pastures floodings *** and appurtenances whatsoever thereunto belonging or therewith held used or enjoyed and also all and singular Tythes and Tenths of corn *** hay and clover and all other Tythable things whatsoever yearly growing arising or surviving within the townships of Eyton in the said county of Salop with two pews in the parish church of Baschurch which said capital messuages or tenements lands tythes and premises were formerly the estate and inheritance of Thomas Harris of ?Crukton? Esquire and lately purchased by me to hold to my said wife and her assigns for and during the term of her natural life and from and immediately after her decease I give and devise the same capital messuages lands tythes and premises unto my said son Joseph and the heirs of his body lawfully begotten and for default of such issue in him I give and devise the same unto my youngest son William Hawkins and his heirs forever. Item. I give and devise unto my said wife my two copyhold houses with their appurtenances situate in Church Street in and hold of the Manor of Stoke Newington in the County of Middlesex one of which is in my own occupation and the other in the occupation of James Standerwich to hold to my said wife and her assigns for and during the term of her natural life and from and immediately after her decease I give and devise the same copyhold houses and premises unto my said son William Hawkins and his heirs forever. Item. I give and bequeath unto my said wife all my plate linen and household goods and furniture whatsoever to and for her own use proper use and benefit. Item. I give to my sister Joanna Muckleston one hundred pounds and to my sister Jones ten pounds to be paid to them within three months after my decease. I also give to my said brother in law Isaac Hawkins and my said nephew William Jones my two trustees hereinafter named the sum of fifty pounds each as a small recompense for the trouble they may have in the execution of the trusts hereby in them reposed and all the rest and residue of my goods chattels and personal estate and effects whatsoever and wheresoever after payment of my debts and legacies and the raising of the three thousand pounds herein before given to my youngest son to be laid out and invested in Orphan Stock for his benefit as aforesaid. I give and bequeath unto the said Isaac Hawkins and William Jones in trust for the purpose hereinafter mentioned that is to say in trust to pay out and invest the same in their joint names in some or one of the published Parliamentary Funds and from time to time to pay or otherwise permit and empower my said wife to have and receive the whole interest dividends or yearly produce thereof for her own proper use during the term of her natural life and from and after her decease upon trust to pay assign or transfer the whole principal of such residue of trust money and the interest dividends and produce thereof unto such of my said sons or to both of them in such manner as my said wife shall by any deed or writing under her hand and seal executed in the presence of two or more reliable witnesses or by her last will and testament only executed in the presence of two or more credible witnesses direct or appoint and for want of such direction or appointment or as to such part of the said residue or trust money whereof no appointment shall be made upon trust to pay assign or transfer the same unto my said sons equally to be divided between them at their respective ages of twenty one years and in case either of my said sons shall die under age and without issue then to pay assign or transfer the whole of such trust money unto my surviving son at his age of twenty one years and in the meantime until my said son shall attain their ages of twenty one years to pay or apply the interest dividends or yearly produce thereof or of a sufficient part thereof for or towards their respective maintenance and education as they my said trustees shall in their discretion think most fitting and convenient for them nevertheless it is my will and meaning that in case either of my said sons shall die under age having a child or children lawfully begotten I do recommend it to my wife and would have her take notice of such child or children in her disposition of the said trust money and if she should die without having made any such disposition then I will and direct that the child or children of my son so dying under age shall stand in the place of his her or their father and be entitled to have and receive an equal part or share with my surviving son of the said trust money as of such part thereof as shall remain indisposed of by my said wife according to the power herein before given unto her but in case both of my said sons shall die in the lifetime of their mother without issue then upon trust then they my said trustees do and shall immediately after the decease of my said wife pay assign or transfer the whole of such residue or trust money unto my said sister Joanna Muckleston for her own proper use but in case of her death before such contingency happening then in trust to pay assign or transfer the same unto and amongst my next of kin according to the Statute for Distribution of Intestate Estates and as it may be for the advantage of my children to advance some money during their respective minoritys for putting them out apprentice or otherwise for their advancement in the world I do hereby authorise and empower my said trustees or the survivor of them to advance and pay out of the residue of my estate herein before bequeathed to them in trust as aforesaid such sum or sums of money for putting my said sons out apprentice or otherwise for the introducing them into any office business or employment as my said wife during her life shall from time to time direct or require or as they the said trustees or the survivor of them after the decease of my said wife shall in their discretion think proper and most for the interest of my children but the moneys so to be advanced and paid are upon a division of the residue of my estate between my said sons to be considered and taken as part of their respective shares thereof for whom the same shall have been so advanced and paid unless my said wife by any writing signed by her otherwise order or direct the same which I hereby authorise and empower her to do and I do hereby will and direct that my said trustees or either of them shall not be answerable or accountable for any involuntary loss which may happen in the placing out my estate at interest nor for any more thereof than shall actually come to their respective hands and receipt nor the one for the acts defaults receipts and payments only and that they my said trustees shall and may from time to time retain and reimburse themselves respectively out of the said trust money or estate all such costs charges and expenses as they or either of them shall pay sustain or be put unto in or about the due execution of the trusts hereby in them reposed and I do hereby constitute and appoint my said dear wife sole executrix of this my will and hereby revoking all former wills by me at anytime heretofore made I *** those present only contained in four sheets of paper to be my last will and testament and none other or otherwise in witness whereof I the said Richard Muckleston have to the first three sheets hereof set my hand and to the last sheet my hand and seal this third day of August one thousand seven hundred and sixty eight in the eighth year of the reign of King George the Third - Richard Muckleston - signed sealed published and declared by the said Richard Muckleston the testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto - Ben Rosewall - William Rosewall - Arthur Carter son of William Carter of London now Clerk to Mr Rosewall.

Whereas I Richard Muckleston of Newington in the County of Middlesex Gentlemen have in and by my last will and testament bearing date the third day of August 1768 given unto my son William Hawkins Muckleston the sum of three thousand pounds to be laid out and invested in Orphans Stock in the Chamber of London to be taken in the names of my brother in law Isaac Hawkins Esquire and my nephew William Jones Esquire in trust for the benefit of my said son William Hawkins Muckleston and to be transferred to him at his age of twenty one years and the interests and dividends thereof in the meantime to be applied for and towards his maintenance and education now I do by this present writing or codicil to my said will declare in case my oldest son Joseph shall happen to die before he attains the age on twenty one years and without issue then and in such case I revoke the said legacy of three thousand pounds so by my said will given or intended for the benefit of my said son William Hawkins Muckleston and so will and direct that the said three thousand pounds shall fall or sink into the residue of my personal estate and with such residue be laid out and invested in Government Securities in the joint names of my said trustees Isaac Hawkins and William Jones and the interests and dividends thereof I give and bequeath unto my dear wife Mary Muckleston during her life for her own proper use and benefit and from and after her decease I give and bequeath the same unto my said son William Hawkins Muckleston and in case both my said sons shall happen to die before they respectively attain their ages of twenty one years and without issue then I give and devise and bequeath all my messuages farms lands tenements tythes and hereditament in the County of Salop and also my two copyhold messuages or tenements in Church Street in Stoke Newington in the County of Middlesex and also all other my messuages lands hereditament and real estate whatsoever and wheresoever unto my said dear wife Mary Muckleston her heirs and assigns forever and I likewise give and bequeath unto my said wife all the rest and residue of my personal estate for her own proper use and benefit. And I do hereby will and direct that this codicil shall be taken as part of my said will in witness whereof I the said Richard Muckleston the testator have hereunto set my hand and seal the thirtieth day of August 1770 and in the tenth year of the reign of George the Third King of Great Britain - Richard Muckleston - signed sealed published and declared by the said Richard Muckleston the testator as and for a codicil to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have set our hands as witnesses hereto - Ben Rosewall - Edwin Davies - Benj. Hargood.

This will was proved at London with a codicil the sixteenth day of November in the year of our Lord one thousand seven hundred and seventy three before the worshipful Francis Simpson Doctor of Laws Master Keeper or Commissionary of the Prerogative Court of Canterbury lawfully constituted by the oath of Mary Muckleston Widow the Relict of the deceased and sole executrix named in the said will to whom administration was granted of all and singular the goods and chattels and credits of the said deceased having been first sworn duly to administer.

 

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Will Summary

Dates: Will written 3rd August 1768, Codicil 30th August 1770, Proved 16th November 1773.

Property: Farm called Ty Caugh in Sellatin Oswestry

Property in Meriton and Preston Gubbals

Property in the Parish of St Chads Shrewsbury

Property in Prescott, Baschurch, Salop and in Eyton, Salop.

Two houses in Church Street, Stoke Newington, Middx.

Bequests: Property in Prescott to his wife plus household items.

Remainder of estate in trust for his two sons Joseph and William Hawkins.

To sister Joanna Muckleston £100

To sister [Mary] Jones £10

To each of his trustees £50 for their trouble

Trustees: Brother in Law Isaac Hawkins and nephew William Jones.

Executor: Mary Muckleston his wife.

 

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Genealogical Information

Richard Muckleston [Ref 0220]

Occupation: Gent and Draper

Baptised: 28th May 1708 St Chads Shrewsbury

Married: Mary Hawkins 28th August 1744 Tatenhill Staffs

Buried: 29th October 1773 St John Baptist Hillingdon

Parents: Joseph Muckleston Grocer and Mary

Children: Richard and Mary died young, Joseph [bn 1754] and William Hawkins [bn 1755]