Will and Codicil
Alexander Locke
Moulton 1850
Sub: 450, 19 Folios
Dated 10th April 1849 The Will of Mr Alexander Locke of Moulton
On the ninth day of November in the year of our Lord one thousand eight hundred and fifty J.A. Pollard, and John Lock (in this will written “Locke”) the executors within named, were duly sworn and also made oath that the whole of the personal estate and effects of the deceased at the time of his death did not amount in value to the sum of four hundred and fifty pounds.
Before me J Morton Surrogate.
The Testator died on the 28th day of September 1850.
This is the last will of me Alexander Locke of Moulton in the county of Lincoln, farmer. I devise unto my brother William Locke of Moulton aforesaid farmer with whom I now reside all my real estates with their respective appurtenances. To hold the same unto and to the use of my said brother and his assigns for and during the rest of his natural life. I bequeath unto my said brother all my farming stock household furniture monies debts and all other my personal estate whatsoever to and for his own use subject to the payment of my just debts and funeral and testamentary expenses. And from and after the decease of my said brother William Locke I devise said real estates with their respective appurtenances unto my friends John Hope Maclean of Spalding in the same county banker and my brother in law James Addleshaw Pollard hereinafter described their heirs and assigns. Upon trust that they of the survivor of them or the heirs executors or administrators of such survivor – hereinafter called the Trustees or Trustee shall as soon as conveniently may be after my said brothers decease sell the same either by Public Auction or Private Contract with full power to buy in and rescind any contract for sale and to resell without being responsible for any loss occasioned thereby and to do all such acts and assurances for effectuating any such sale as they or he shall think fit. And I declare that my said trustees or the survivor of them and the heirs executors administrators and assigns respectively of such survivor shall hold such purchases monies upon trust to invest the same in their names in Government or real securities with power to my said Trustees or Trustee to vary the same and pay and divide the dividend or interest to arise therefrom as the same shall be received equally between my brother John Locke of Ryhall in the County of Rutland Wheelwright and my sister Susan the wife of James Addleshaw Pollard of Spalding aforesaid Estate Agent and their assigns during the term of their natural lives and the life of the survivor of them. And after the decease of the survivor of them my said Brother John Locke and Sister in trust that they my said Trustees or Trustee shall call in such principal monies and pay in the first place unto my niece Mary Jane Pollard the daughter of my said sister Susan Pollard her executors administrators or assigns the legacy or sum of One Hundred Pounds of lawful British money in addition to what is hereinafter bequeathed to her and her or their receipt shall be a sufficient discharge to my said Trustees for the same. And after payment of such legacy that they my said Trustees shall pay and divide the remainder of such monies between and amongst all and every the children of my said Brother and Sister (including my said niece Mary Jane Pollard) living at my death of afterwards to be born who being a son or sons shall attain the age of twenty one years or die under that age leaving issue living at their or his death or respective deaths or born in due time after or being a daughter of daughters shall attain that age or marry including any child or children who shall be born after any such child being a son shall have attained the age of twenty one years or shall have died under that age leaving issue living at his death or being a daughter shall have attained the age of twenty one years or married and shall afterwards being a son or sons attain the age of twenty one years or die under that age leaving issue living at their or his death or respective deaths or being a daughter or daughters shall attain the age of twenty one years or marry to be divided amongst such children of them my said Brother and Sister or their respective executors administrators or assigns in equal shares and if there shall be but one such child the whole to be in trust for that one child his or her executors administrators or assigns Provided always that the said Trustees or Trustee may at their or his discretion raise the whole or any part or parts of the then expectant presumptive or vested shares of any child under the trusts hereinafter contained and apply the same for his or her advancement or benefit or for the maintenance and education of such child either directly or to his or her guardian or guardians without seeing to the application thereof or requiring any account for the same And shall during such suspense of actual vesting accumulate the residue (if any) thereof in the way of compound interest by investing the same and the resulting income thereof from time to time in or upon any such stocks funds or securities as are hereinbefore mentioned for the benefit of the person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded with power for the said Trustees or Trustee to resort to the accumulation of any preceding year or years and apply the same for or towards the maintenance or education of the child or children who shall for the time being be presumptively entitled to the same respectively Provided always and I declare that after any child or children of my said Brother or Sister being a son or sons shall have attained twenty one years or die under that age leaving issue living at his or their death or respective deaths or born in due time after, or being a daughter or daughters shall have attained that age or married the said Trustees or Trustee shall pay the interest and annual produce then due to such last mentioned child or children of the expectant or presumptive portion for the time being of such last mentioned child under the trusts aforesaid unto such child or to his or her executors administrators or assigns for his or her proper use and benefit any thing hereinbefore contained to the contrary notwithstanding I appoint the said John Hope Maclean and James Addleshaw Pollard Trustees of this my Will And I hereby declare that the receipts or receipt in writing of the Trustees or Trustee for the time being acting in the execution of any of the Trusts hereof for the purchase money of premises sold or for any monies or securities which may be paid or transferred to them or him in pursuance hereof shall effectually discharge the respective purchasers or other persons paying or transferring the same from being concerned to see to the applications or being answerable for the misapplication or non application thereof. And I hereby declare that if the said Trustees hereby appointed or wither of them or any Trustee or Trustees to e appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said Trustees or Trustee (and for this purpose any retiring Trustee shall be considered a Trustee) may appoint any other person or persons to be a trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act And upon every such appointment the said Trust premises shall be transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require. And every such new trustee shall (both before and after the said Trust premises shall have become vested) have the same powers authorities and discretions as if he had been hereby originally appointed a Trustee. And I declare that the Trustees or Trustee for the time being of this will shall be chargeable only with such monies as they or he respectivley shall actually receive and shall not be answerable the one for the other of them nor for any Banker Broker or other person in whose hands any of the Trust Monies shall be placed nor for the insufficiency of any stocks funds or securities nor otherwise for ?? losses. And that the said Trustees or Trustee for the time being may reinburse themselves or himself out of the monies which shall come to their or his hands under the Trusts aforesaid all expences to be incurred in or about the execution of the aforesaid Trusts. I appoint my said brother William Locke executor of this my will. In witness whereof I the said Alexander Locke have to this last will set my hand this tenth day of April One Thousand Eight Hundred and Forty Nine.
Signed and acknowledged by the said Alexander Locke as his will in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
J Rose – Butcher SpaldingW Rowell – Baker Spalding
I Alexander Locke of Moulton in the County of Lincoln Farmer do declare this to be a codicil to my last will and testament Whereas I have by said will appointed my Brother William Locke since deceased Executor of my said will. Now by this my codicil I do hereby appoint my Brother in Law James Addleshaw Pollard and my Brother John Locke both in my said will named to be my Executors and I hereby confirm my said will in all other aspects. In witness whereof I the said Alexander Locke the testator have hereunto set my hand this twenty fifth day of September One Thousand Eight Hundred and Fifty.
Signed Published and Declared by the said Alexander Locke the testator as a codicil to his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.
Thomas Rowell – Moulton Farmer Mary Ball – Moulton – single woman
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