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[ 18 ]

 

THE REVEREND ROWLAND MUCKLESTON

Will Proved : 26 Jul 1897

 

Index entry:-

1897

Muckleston The Reverend Rowland

Muckleston The Reverend Rowland of The Rectory Dinedor Herefordshire Clerk died 8th April 1897 Probate Hereford 26th July to William Warcop Peter Consett Esquire and Robert Henry de Winton late captain in her majestys army Effects £68435 6s 1d

 

Transcript of the Will:-

This is the last Will and Testament of me The Reverend Rowland Muckleston Rector of Dinedor in the county of Hereford I bequeath the two miniature paintings of my late father to my sister Anne Smythe and the miniatures of the Preston family I bequeath to the Reverend John Darcy Harcop Preston Rector of Freemantle Southampton I bequeath my guns fishing rods and sporting apparatus to my nephew Travers Smyth I bequeath my dog and cats to my cook and housekeeper Elizabeth Mustoe knowing that she will take care of them I bequeath to the said Elizabeth Mustoe the sum of five hundred pounds to Emma Mustoe my parlour maid the sum of three hundred pounds and to John Meredith my gardener the sum of fifty pounds such legacies to be respectively dependant on the respective legatees being in my service at the time of my decease and to be respectively paid free from legacy duty I bequeath the following charitable legacies to be paid out of such part of my personal estate as may by law be bequeathed for charitable purposes to the societies or institutions hereinafter mentioned (whose respective receipts shall be effectual discharges for the same) and to be applicable for the charitable purpose of such societies or institutions namely to the Hereford Diocesan Church Building Society the sum of two thousand pounds to the Hereford County Infirmary the sum of two thousand pounds to the Society for the Prevention of Cruelty to Animals the sum of three thousand pounds which I direct that they shall invest as they may think fit and I desire that they will apply the annual income of such sum of three thousand pounds and the investments thereof in such way as such Society shall think most expedient in obtaining or enforcing the mitigation or abolition of vivisection which is a practice that I consider to be opposed both to the Will of God and the best feelings of mankind and subject thereto I devise that such Society will apply such annual income in aid of the general purposes thereof I bequeath to my executors hereinafter named the sum of three thousand pounds to be paid out of such part of my personal estate as may by law be bequeathed for charitable purposes and I direct that my said executors shall apply the same in founding in the City of Lichfield some charity for the deserving poor of such City regardless of their religious creed in such a way as shall best preserve in such city the memory of my late brother the Reverend John Muckleston Clerk in holy orders and his wife Mary Muckleston and I empower my said executors to prepare and carry out or give effect to any scheme for that purpose which they in their absolute discretion shall think best calculated to effect my intentions as above expressed I bequeath the sum of two thousand pounds to be paid out of such part of my personal estate as may by law be bequeathed for charitable purposes unto the Provost and Fellows of Worcester College in the University of Oxford and I wish that they should invest the same upon any investments allowed by law and apply the annual income thereof under the name of the Rowland Muckleston fund in bestowing pensions or assistance upon any superannuated servants of that college whom the said Provost and Fellows for the time being may think fit and deserving in such proportions and manner as they shall deem expedient in addition to and not by way of substitution for any other provision may have been or may be made or but for this present bequest would in the ordinary course have been made by the College or out of its funds for such superannuated servants I bequeath to my said executors hereinafter named the sum of three thousand pounds to be paid out of such part of my personal estate as may by law be bequeathed for charitable purposes and I direct that my said executors shall apply the same in founding in the parish of Askam Bryan in the county of York some charity for superannuated and deserving labourers of good character who for ten years and upwards prior to receiving and benefit under this bequest shall have resided or worked in the said parish in such a way as shall best preserve the names of my late aunts Elizabeth Jane and Anne Preston and to be called the Preston charity and I direct that in the first place after the founding of the said charity as to which I empower my executors to prepare and carry out or give effect to any scheme in relation thereto which they in their absolute discretion shall think best calculated to effect my intentions as above expressed my said executors shall in the first place out of the last mentioned sum of three thousand pounds erect a tablet or brass under the memorials of my said aunts which I have placed in the parish church of Askam Bryan aforesaid if the same can be done or if not in some other suitable place in or about the said church or in the said parish in order to commemorate this personal bequest and stating the effect thereof I declare that the discretion hereinbefore given to my executors with relation to the said charities or any of them or the founding or nature thereof shall be exercisable by my legal personal representatives or representative for the time being and shall not be deemed personal to my executors hereinafter named or the survivor of them I appoint the Very Reverend George Herbert Dean of the Cathedral Church of Hereford and Captain D'Arcy Preston RN of Shellow near Doncaster executors and Trustees of this my Will and bequeath to each of them who shall prove this my Will the legacy or sum of one hundred pounds I bequeath the whole of my personal estate not specifically above mentioned unto the said George Herbert and D'Arcy Preston upon trust (except as to my old mare) to sell call in and convert the same into money and with and out of the proceeds of such sale calling in and conversion and with and out of such parts of my personal estate as shall consist of money at my decease to pay my funeral and testamentary expenses and debts and the legacies above mentioned having regard to the directions hereinbefore contained as to the funds out of which such of the said legacies as are bequeathed for charitable purposes are hereinbefore directed to be paid and I declare that the said George Herbert and D'Arcy Preston and the survivor of them and the executors administrators and assigns of such survivor or other the trustee or trustees of this my Will ( hereinafter called my "said trustees or trustee" ) shall stand possessed of the residue of the proceeds of such sale calling in and conversion and ready money ( hereinafter called "my residuary trust funds" ) upon the trusts following that is to say upon trust as to the sum of five thousand pounds part thereof to invest the same in the three percent consolidated annuities or in Debentures or Debenture Stock of any Railway Company paying a dividend on its ordinary stock in the names or name of my trustees or trustee and to pay the annual income thereof unto Reverend John Darcy Harcop Preston for and during the term of his natural life and upon his decease to pay or transfer the said sum of five thousand pounds or the investments for the time being representing the same unto his son Rowland D'Arcy Preston my godson and I make the last mentioned bequest in compliance with a desire expressed by my aunt the late Miss Preston of York that at my decease the money should revert to her family I having received that sum from her and as to the sum of three thousand pounds further part of the said residuary trust funds upon trust to pay the same to my sister Mrs Louisa Stewart of Paignton near Torquay in case she shall be living at the time of my decease but should she predecease me then I direct my said trustees or trustee to lay out and invest the said sum of three thousand pounds in the purchase of a government annuity for the life of her daughter Amy Stewart to whom I bequeath the same and as to the sum of three thousand pounds further part of the said residuary trust funds upon trust to invest the same upon any securities upon which trustees are authorised to invest trust funds and to pay the interest dividends and annual income of such investment unto my sister Mrs Anne Smythe of Tenby Pembrokeshire for and during the term of her natural life and from and after her decease upon trust to pay and divide the said sum of three thousand pounds and the investment for the time being representing the same unto and equally between such of the children of her son the said Travers Smyth as been sons shall attain the age of twenty one years or being daughters shall attain that age or marry and if but one such child then to pay the same to that one child and I direct my said trustees or trustee with and out of my said residuary trust funds to purchase a government annuity of fifteen pounds per annum for the life of ________ Jackson of Lichfield for many years butler to my late brother the Reverend John Muckleston of Lichfield to whom I bequeath the same I direct my said trustees or trustee with and out of my said residuary trust funds to purchase a government annuity of five pounds per annum for the life of Mrs Derry late mistress of School supported by my late sister in law Mrs Muckleston to whom I bequeath the same I direct my said trustees or trustee with and out of my said residuary trust funds to invest such a sum in Debentures or Debenture Stock of any Railway Company paying a dividend in the ordinary stock as will produce the annual sum of forty pounds and to pay the said annual sum from time to time to some respectable and kind hearted person who will provide a comfortable home for my mare and it is my wish that my said trustees or trustee shall so far as they reasonably take care that she is well fed and housed and has proper exercise but is not worked and from and after the decease of my said mare or in case my said old mare shall predecease me then I direct my said trustees or trustee to pay and divide the said sum so directed to be invested as last aforesaid or the investments for the time being representing the same unto and equally between my nephew the said Travers Smyth and my niece Amy Stewart of Paignton aforesaid or if either of them shall predecease me then to the survivor of them I bequeath the sum of one thousand pounds further part of my said residuary trust funds unto the Rector and churchwardens for the time being of the said parish of Dinedor upon trust to invest the same on such securities as trustees are by law authorised to invest trust funds and to dispose of the annual produce of such investments as follows firstly in giving to each collager in the said parish of Dinedor three pounds weight of beef on the day before each Christmas day or on some other convenient day about that time secondly in providing the poor of the said parish with medicine and strengthening food in their sickness and thirdly in giving pecuniary aid to such poor when in distress or out of work and I direct my trustees or trustee to stand possessed of the ultimate residue of my residuary trust funds In trust for my said sister Anne Smyth absolutely during her life and after her death for her son the said Travers Smyth during his life and after his death in trust for all his children or any child who being male attain the age of twenty one or being female attain that age or marry under that age and if more than one in equal shares and I declare that all charitable legacies and bequests given and bequeathed by this my Will shall be paid exclusively out of such part of my personal estate as may be legally bequeathed for charitable purposes I direct that there shall be no priority or precedence in payment of or providing for the several sums hereinbefore directed to be paid or provided out of my residuary trust funds and that every bequest whether in principle or income contained in this my Will in favour of any female shall be for her sole and separate use independently of her husband and that her receipt alone shall be a discharge for the same and that in the case of income she shall not have power to dispose or deprive herself of the benefit thereof by anticipation In witness whereof I have set my hand to the sheets of this my Will this eighth day of April one thousand eight hundred and eighty two

Signed by the above named Rowland Muckleston as his last Will in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses H C Beddoe Solicitor Hereford Charles C Beddoe Solicitor Hereford

This is the first Codicil to the last Will and Testament of me the Reverend Rowland Muckleston Rector of Dinedor in the county of Hereford which Will bears the date the eighth day of April one thousand eight hundred and eighty two whereas by my said Will I have bequeathed the legacy of three thousand pounds to the Society for the Prevention of Cruelty to Animals now I hereby revoke the said legacy in all respects and whereas by my said Will I have bequeathed to my executors therein named the sum of three thousand pounds to be paid out of such part of my personal estate as might by law be bequeathed for charitable purposes and I have directed that my said executors should apply the same in founding in the City of Lichfield some charity for the deserving poor of such city regardless of their religious creed in such a way as should best preserve in such city the memory of my late brother the reverend John Muckleston Clerk in Holy Orders and his wife Mary Muckleston now I do absolutely revoke such bequest and in lieu and instead thereof I hereby declare it to be my Will and I direct that my said executors shall apply the said sum of three thousand pounds in founding in the parish of the "Close of Lichfield" in the City of Lichfield some charity for the deserving poor of such parish regardless of their religious creed in such a way as shall best preserve in such parish the memory of the said Reverend John Muckleston Clerk in Holy Orders and his wife the said Mary Muckleston I direct that the trustees or trustee of my said Will with and out of my residuary trust funds to purchase a government annuity of Ten pounds per annum for the life of Mary Meacham now residing at "The Vicarage" The close in the said county of Lichfield to whom I bequeath the same I bequeath the further legacy of five hundred pounds to my cook and housekeeper Elizabeth Mustoe and my parlour maid Emma Mustoe the further legacy of two hundred pounds such legacies to be respectively dependant on the respective legatees being in my service at the time of my decease and to be paid free from legacy duty I give and bequeath to my niece Amy Grange in my said Will called Amy Stewart the daughter of my sister Mrs Louisa Stewart of Paignton near Torquay the legacy of one thousand pounds in addition to any monies I have given her by my said Will I give and bequeath the legacy or sum of one thousand pounds to the Herefordshire Eye and Ear Institution and I direct that the same shall be paid out of such part of my personal estate as may by law be bequeathed for charitable purposes and that the receipt of the treasurer of the said institutions shall be a sufficient discharge to my executors named in my said Will for the amounts of such legacy and in all other respects I confirm my said Will In witness whereof I have to this my first Codicil to my said Will hereunto set my hand this twelfth day of July one thousand eight hundred and eighty six

Signed by the said Rowland Muckleston as a first Codicil to his last Will and testament in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Charles B Beddoe Solicitor Hereford Joseph Thomas Clerk to Mr H C Beddoe Solicitor Hereford

This is the second Codicil to the last Will and Testament of me the Reverend Rowland Muckleston Rector of Dinedor in the county of Hereford which Will bears date the eighth day of April one thousand eight hundred and eighty two and the first Codicil thereto bears the date twelfth day of July one thousand eight hundred and eighty six I give and bequeath the following legacies namely to Mrs Eliza Lyon of Ford Hall Shrewsbury the legacy or sum of one thousand pounds to the Reverend Edward Muckleston of Hasely Rectory in the county of Warwick Clerk in Holy Orders the legacy or sum of one thousand pounds and to my parlour maid Emma Mustoe the further legacy of five hundred pounds to be dependant on her being in my service at the time of my decease and to be paid free from legacy duty and in all other respects I confirm my said Will and first Codicil thereto In witness whereof I have to this the second Codicil to my said Will hereunto set my hand this fifteenth day of September one thousand eight hundred and eighty eight

Signed by the said Rowland Muckleston as a second Codicil to his last Will and Testament in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Charles B Beddoe Solicitor Hereford Joseph Thomas Clerk to Messrs H C Beddoe and Son Solicitors Hereford

This is the third Codicil to the last Will and Testament of me the Reverend Rowland Muckleston Rector of Dinedor in the county of Hereford which Will bears date the eighth day of April one thousand eight hundred and eighty two and the first Codicil thereto bears date the twelfth day of July one thousand eight hundred and eighty six and the second Codicil thereto bears date the fifteenth day of September one thousand eight hundred and eighty eight Whereas by my said Will I have appointed Captain D'Arcy Preston RN of Shellow near Doncaster to be one of the executors and trustees thereof and whereas the said Captain D'Arcy Preston has lately died now I hereby appoint William Preston Consett of Brawarth Hall Yorkshire and 58 Sloane Street in the county of Middlesex Esquire to be one of the executors and trustees of my said Will in the place of the said Captain D'Arcy Preston deceased and I give to the said William Preston Consett if he shall prove my said Will the legacy or sum of one hundred pounds and I declare that my said Will shall be construed and take effect as if the name of the said William Preston Consett were inserted in my said Will throughout instead of the names of the said Captain D'Arcy Preston I give the following legacies namely to my present gardener Thomas Harris the sum of fifty pounds to my cook and housekeeper Elizabeth Mustoe the further legacy of five hundred pounds such legacies to be respectively dependant on the respective legatees being in my service at the time of my decease and to be respectively paid free from legacy duty I bequeath the sum of one thousand pounds part of my residuary trust funds unto my trustees upon trust that my trustees or trustee shall invest the same on such securities as trustees are by law authorised to invest trust funds and shall pay the interest dividends and annual income of such investment unto the Rector for the time being of Dinedor in the said County of Hereford upon trust that such interest dividends and annual income shall be applied by the Rector for the time being of Dinedor aforesaid for and towards the sustentation of the Church of England School in the parish of Dinedor aforesaid and in the event of there ceasing to be any Church of England School in the said parish of Dinedor then I direct that the said sum of one thousand pounds and the investments for the time being representing the same shall sink into and form part of my residuary personal estate and I declare that all charitable legacies and bequests given and bequeathed by my said Will or by this present or any Codicil thereto shall be paid exclusively out of such part of my personal estate as may be legally bequeathed for charitable purposes and in all other respects I confirm my said Will and first and second Codicils thereto In witness whereof I have to this the third Codicil to my said Will hereunto set my hand this thirteenth day of April one thousand eight hundred and ninety one

Signed by the said Rowland Muckleston as a third Codicil to his last Will and Testament in the presence of us both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Charles B Beddoe Solicitor Hereford Wm A W Price Clerk to Messrs H C Beddoe and Son Solicitors Hereford

This is the fourth Codicil to the last Will and testament of the Reverend Rowland Muckleston Rector of Dinedor in the county of Hereford which bears date the

 

To be continued