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1786

 

WILL OF WILLIAM HAWKINS MUCKLESTON

Doctor

Source: Public Record Office. Prob 11/1153.

 

This is the last Will and Testament of me William Hawkins Muckleston of Walford in the Parish of Baschurch in the County of Shropshire. Bachelor of Physics being sick and weak in body but of sound and disposing mind praised be God. First I do hereby confirm the settlement made on my marriage with Frances my dear wife and direct that my executors cause my part of such settlement to be performed in all respects and in addition thereto I give and bequeath unto my said dear wife the sum of fifty pounds to be paid to her immediately after my decease and whereas part of the provision intended for my dear wife by the settlement made previous to our marriage will not take place till after the death of Mrs Elizabeth Presland her mother. Now I do therefore give unto my said wife the interest and dividends of one thousand five hundred pounds East India Annuities and one thousand one hundred pounds four percent Bank Annuities consolidated standing in my name for and during the life of her said mother if my said wife shall so long live and at the death of her said mother I direct that the said interest or dividends shall be applied for the purpose hereafter mentioned. I give and bequeath unto my said wife all my household goods plate Linen China and household furniture of every description and denomination as also my watch trinkets jewels and other ornaments of her person together with all my books. I give to my Uncle Isaac Hawkins Esquire and to the said Elizabeth Presland I give ten guineas each for mourning. I also give and bequeath unto my brother Joseph Muckleston Esquire of Prescott in the County of Shropshire and to Isaac Hawkins Browne of Badger in the said county Esquire my two trustees hereinafter named the sum of twenty pounds each in case they shall accept the trust as a small acknowledgement for the trouble they may have in the management of my affairs. I give and devise unto the said Joseph Muckleston and Isaac Hawkins Browne and their heirs all my Copyhold Messuages or Tenements Hereditament and premises situate and being in Stoke Newington in the county of Middlesex and held of the Manor of Stoke Newington and to which I have surrendered to the use of my will to hold the same with the appurtenances unto the said Joseph Muckleston and Isaac Hawkins Browne their heirs and assigns for ever upon trust that they shall receive all rents and profits that shall arise from the said Copyhold Houses and apply them to the purpose hereinafter mentioned and to the intent that they the said Joseph Muckleston and Isaac Hawkins Browne or the survivor of them or the heirs of such survivor shall have full power as they in their discretion and good judgement shall think proper to sell and dispose of the said Messuages or Tenements Hereditament or premises. I declare my will and mind to be that the receipt or receipts of the said Joseph Muckleston and Isaac Hawkins Browne or the survivor of them or the heirs of such survivor shall be a good and sufficient discharge to the possessor or possessors of the said premises for his her or their respective purchase money and that such purchaser or purchasers shall not be obliged to see to the application thereof nor shall he she or they be answerable or accountable for the misapplication or non application of the said purchase money or any part thereof and I do give and bequeath the money to arise by such sale or sales or from the rents and profits of the said Messuages and Premises in case they are not sold as also all the rest and residue of my Money Securities for ***** estate and effects whatsoever and wheresoever after payment of my just debts the aforesaid legacies and my funeral and testamentary charges unto the said Joseph Muckleston and Isaac Hawkins Browne their executors and administrators upon the several trusts and to and for the several intents and purposes hereinafter mentioned that is to say upon trust that they the said Joseph Muckleston and Isaac Hawkins Browne or the survivor or survivors of them or their executors or administrators of such survivor so and shall as my effects shall be turned into money lay out or invest the monies to arise or be produced there from and also from the sale of my said copyhold premises in some or one of the Public stocks or funds or on real securities in trust for Elizabeth my present child or for any other child or children that shall be born of my said wife Frances within twelve calender months after my decease in equal shares and proportions to be paid assigned or transferred to him her or them being a son or sons at this or their age or respective ages of twenty one years or being a daughter or daughters at the age or respective ages of twenty one years or day or respective days of marriage which shall first happen and I direct that the interest or dividends thereof or so much thereof as my said executors shall think proper or necessary shall be paid or applied for or towards his her or their respective maintenance or education during their respective minorities and the residue to accumulate for his her or their Benefit and in case Elizabeth my present child or any other child or children that shall be born of my said wife within twelve calendar months after my decease shall happen to die under the age of twenty one years and without issue being a son or sons or under that age and unmarried being a daughter or daughters and that my said wife and my said brother Joseph Muckleston or any child or children of his shall be then living then in trust to pay the interest and dividends of the said residue of my estate unto my said wife or her assigns or otherwise to permit and suffer her or them to receive the same for and during the term of her natural life and from and after her decease then in trust to pay assign or transfer the principal of the residue of any estate unto my said brother Joseph Muckleston absolutely to his own use or to his child or children in case he shall be then dead but in case after death of my said child or children before he she or they shall become entitled to the residue of my estate and that my said wife shall be then living and that my said brother shall be then dead without issue or shall afterwards die in the lifetime of my said wife without issue then in trust to pay assign or transfer the principal or the residue of my estate and all the improvements thereof unto my said wife absolutely to her own use and in case of the death of my said child or children before he she or they shall become entitles as aforesaid and that my said wife shall be then dead and that my said brother shall be likewise then dead without issue then in trust to pay assign or transfer the principle of the said residue of my estate or the funds or securities upon which the same shall then stand interested and all accumulations thereof unto my next of kin according to the statute for the distribution of intestate estates provided and I do hereby declare my will and mind to be that it shall and may be lawful to and for my said trustees and the survivor or survivors of them and the executors and administrators or such survivors by and out of the residue of my estate or the interest or dividends thereof to raise and pay such sum or sums of money as they or the survivors or survivor of them or the executors or administrators of such survivor shall in their his or her discretion think proper for the advancing or placing out in the world any such child or children at a fit age in any business or employment and I do hereby nominate constitute and appoint the said Frances my dear wife sole executrix and the said Joseph Muckleston and the said Isaac Hawkins Browne my two trustees of this my will and thereby revoking and making void all other wills by me at any time theretofore made. I declare this writing only to be my last Will and Testament and I do hereby declare that it shall and may be lawful to and for my trustees and every of them their and every of their executors and administrators to retain to and reimburse themselves respectively out of my estate or the interest thereof all such costs charges and expense as they or any or either of them shall or may bear pay sustain expend or be put to in or about the execution of all or any of the trusts thereby reposed in them or any matter or thing relating there unto and that they or any or either of them shall not be answerable or accountable for any loss that may happen to any part or parts of my estate by reason of their placing out or investing the same or any part thereof in or upon any Real or Government Securities as aforesaid or by depositing any money that may come to their or either of their hands by virtue of this my will with any Banker for safe custody or for any other involuntary loss whatsoever nor shall they be answerable or accountable for each other or for the acts goods receipts payments or defaults of each other but each of them for his or her own acts deeds receipts payments and wilful defaults only In witness whereof I the said William Hawkins Muckleston the testator have to this my last Will and Testament contained in four sheets of paper to the first three sheets thereof set my hand only and to this fourth and last sheet my hand and seal this thirteenth day of April in the twenty seventh year of the reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King and in the year of our Lord one thousand seven hundred and eighty six. Wm Hawkins Muckleston. This writing was signed sealed published and declared by the said testator William Hawkins Muckleston the testator as and for his last Will and Testament in the presence of us who in the said testators presence and at his request and also in the presence of each other have hereunto subscribed our names as witnesses. Richd Brown, Thomas Williams.

This is a Codicil to the last Will and Testament of me William Hawkins Muckleston of Walford in the Parish of Baschurch in the County of Shropshire Bachelor of Physics whereas by virtue of the settlement upon my marriage with Frances my dear wife the five thousand pounds three percent Bank Annuities ***** therein mentioned will in case of the death of myself and my said wife without issue or that such issue shall die before they respectively become entitled thereto according to the terms of the said settlement devolve upon the Trustees to my said Will **** **** ***** of the said five thousand pounds annuities was purchased with the monies which I received for my said wifes portion I think it but justice to her and her family that she should have power to dispose of such monies in the event before mentioned and I do therefore hereby direct that in case of the death of my said wife without issue by me and leaving such and they shall all happen to die before they shall become entitled to the said five thousand pounds annuities Moreton Wallhouse and Joseph Muckleston the trustees named in the said settlement and the survivor of them his executors or administrators shall after the decease of my said wife and in default of such issue as aforesaid stand possessed of two thousand five hundred pounds annuities part of the said five thousand pounds annuities and also of all such sum and sums of money as they the said Moreton Wallhouse and Joseph Muckleston shall become possessed of by virtue of the said settlement in the event of the death of Plowden Presland therein named as therein is mentioned In trust for such person or persons in such parts shares and proportions and in such sort manner and form as my said wife Frances Muckleston by any deed or deeds writing or writings to be sealed and delivered by her in the presence of and attested by two or more reliable witnesses or by her last Will and Testament in writing or any writing purporting to be her last Will and Testament to be by her assigned sealed and published in the presence of and attested by the like number of witnesses shall declare direct limit or appoint give or bequeath the same and in default of such direction declaration limitation or appointment give or bequest or in case of any such direction declaration limitation or appointment gift or bequest which shall not amount to a complete disposition of the said two thousand five hundred pounds three percent annuities and such other sum or sums of money before mentioned then and as when the interest thereby limited shall respectively end and determine and as to such part or parts thereof whereof no such direction declaration limitation or appointment gift or bequest shall be made in trust for such person or persons as will by virtue of the said settlement become entitled thereto upon the death of my wife without issue as aforesaid. In witness whereof I the said William Hawkins Muckleston the testator have to this codicil to my last Will and Testament set my hand and seal this thirteenth day of April in the year of our Lord one thousand seven hundred and eighty six. Wm Hawkins Muckleston. Signed sealed published and declared by the said William Hawkins Muckleston as and for a codicil to his last Will and Testament in the presence of us Rich Brown Thomas Williams.

This will was proved at London will a codicil the eleventh day of May in the year of our Lord one thousand seven hundred and eighty seven before the worshipful George Harris Doctor of Laws and surrogate of the right worshipful Peter Calvert Doctors of Laws Master Keeper or Commissionary of the Prerogative Court of Canterbury lawfully constituted by the oath of Frances Muckleston widow the relict of the deceased and sole executrix named in the said will to whom administration to all and singular the Goods Chattels and Credits of the said deceased was granted she having been first sworn duly to administer.

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Will Summary

Date: Written 13 April 1786, Codicil 13 April 1786, Proved 11th May 1787

Property: At Stoke Newington

Bequests: To his wife all she is entitled to under her marriage settlement, £50 to be paid immediately plus dividends on £2600 worth of annuities, household items, watch, jewels and books.

To his uncle Isaac Hawkins and mother in law Elizabeth Presland 10 Guineas each

To brother Joseph Muckleston and Isaac Hawkins Browne £20 each

The rest of his personal estate put in trust for his daughter Elizabeth.

Executor: Wife Frances Muckleston

Trustees: Brother Joseph Muckleston and Isaac Hawkins Browne.

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Genealogical Information

William Hawkins Muckleston [Ref 0259]

Occupation: Doctor

Born: 15th July 1755

Baptised: 23rd July 1755 St Verdant, Foster Lane, London

Married: Frances Presland [date unknown]

Buried: 5th March 1787 at Baschurch

Parents: Richard Muckleston Draper and Mary

Children: Elizabeth only daughter and heiress.