James Addleshaw Pollard – 1854 – Wayne and Sandra's Family History

PUBLIC RECORD OFFICE The National Archives

James Addleshaw Pollard 31.

This is the last Will and Testament of me James Addleshaw Pollard of Spalding in the County of Lincoln Estate Agent and Auctioneer First I will and direct that all my just debts and funeral and testamentary expenses be paid by my executrix and executors hereinafter named within twelve calendar months next after my decease Whereas by an Indenture made the twenty eighth day of September one thousand eight hundred and fifty two between myself of the first part my late dear deceased daughter Mary Jane Maclean then Mary Jane Pollard of the second part John Hope Maclean formerly of Whittlesey but then of Spalding aforesaid Gentleman of the third part and Thomas Pear the younger of Spalding aforesaid Civil Engineer and George Richardson Maugham of Moulton in this County Farmer and Grazier of the fourth part being the Settlement made on the marriage of my said daughter Mary Jane Pollard with the said John Hope Maclean wherein certain lands and hereditaments containing ten acres one rood and twenty six perches (more or less) lying and being in Spalding aforesaid which I purchased of

[Page 2] William Ward were appointed granted and released unto the said Thomas Pear and George Richardson Maugham and to their heirs To the use of myself until the said marriage and after the solemnization thereof To the use of the said Thomas Pear and George Richardson Maugham their heirs and assigns during the life of the said John Hope Maclean but nevertheless upon and for the trusts intents and purposes and with under and subject to the powers provisos agreements and declarations thereinafter expressed and declared of and concerning the same (that is to say) Upon trust that they the said Thomas Pear and George Richardson Maugham and the survivor of them and the heirs and assigns of such survivor should until the said John Hope Maclean should assign charge or otherwise dispose of the said hereditaments and premises or the rents and profits thereof by way of anticipation or attempt or agree so to do or shall do some act whereby the said rents and profits of the said hereditaments and premises if payable to himself would have become vested in some other person or persons or become Bankrupt or Insolvent pay the said rents and profits to the said John Hope Maclean for his own proper use and benefit for and during his natural life but if the said John Hope Maclean shall assign charge or otherwise dispose of the said hereditaments and premises or the rents and profits of the same by way of anticipation or attempt or agree so to do or should do some act whereby the said rents and profits if payable to himself would have become vested in some other person or persons or become Bankrupt or Insolvent Then upon the trusts therein mentioned with an ultimate proviso that if there shall be no child of the said John Hope Maclean by the said Mary Jane Pollard or being such he she or they being a son or sons should die under the age of twenty one years or being a daughter or daughters should die under that age without being or having been married then after the decease of such one of them the said John Hope Maclean and Mary Jane Pollard as should first happen and the failure of such issue as aforesaid the said lands and hereditaments hereinbefore described shall remain and be To the use of me the said James Addleshaw Pollard my heirs and assigns for ever And whereas the said marriage was solemnized at Spalding aforesaid on the twenty ninth day of September one thousand eight hundred and fifty two the said John Hope Maclean being described in the marriage certificate as living at Number 39 Marylebone Place Marylebone in the County of Middlesex where he had been residing before he came to Spalding aforesaid And whereas my said dear daughter Mary Jane Maclean departed this life at Spalding aforesaid on the second day of August last without issue living and was buried at Ryhall in the County of Rutland Now I the said James Addleshaw Pollard in consequence of such land reverting to me my heirs and assigns upon the death of the said John Hope Maclean do devise the same after the said John Hope Maclean’s death as hereinafter is mentioned I give and bequeath unto my Wife Susan Pollard and her assigns All and every my monies in the house or in the bank interest of monies and shares books book debts plate linen and all my household goods and furniture and all such every other my personal estate except as after mentioned to and for her own absolute use benefit and disposal I give devise and bequeath unto my said Wife All that my real estate before mentioned and which is subject to the life of the said John Hope Maclean and all other my real estate whatsoever and wheresoever together with my shares and all monies out on mortgage or note and all securities for money and all other my personal estate not hereinbefore disposed of To hold the

[Page 3] same unto her my said Wife and her assigns for and during her natural life without impeachment of or for any manner of waste with liberty for her to call in or vary and transpose the securities whenever she may see occasion without being responsible or liable for any loss that may happen or be occasioned thereby And from and immediately after my said Wifes decease I give devise and bequeath all my said real estates (except estates vested in me upon trust or by way of mortgage) bank shares and all monies out on mortgage or note and all securities for money and all other my personal estate hereinbefore given to my said Wife for her life unto the use of the aforesaid Thomas Pear and George Richardson Maugham their heirs and assigns Upon trust that they the said Thomas Pear and George Richardson Maugham and the survivor of them and the heirs and assigns of such survivor hereinafter called the trustees or trustee shall as soon as conveniently may be after my said Wifes decease sell the same real estate and the saleable parts of my said personal estate either by public auction or private contract with full power to buy in and rescind any contract for sale and to resell without being in anywise answerable for any loss which may happen thereby and shall stand possessed of the money to arise from such sale or sales upon and for the trusts intents and purposes hereinafter declared concerning the same I give and devise after the decease of the said John Hope Maclean and my said Wife all that my real estate before described which is subject to the said John Hope Macleans life situate and lying in Spalding aforesaid unto the use of the aforesaid Thomas Pear and George Richardson Maugham their heirs and assigns Upon trust that they my said trustees or trustee and the survivor of them and the heirs and assigns of such survivor shall as soon as conveniently may be after the death of the survivor of them the said John Hope Maclean and my said Wife 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 in anywise answerable for any loss which may happen thereby and shall stand possessed of the money to arise from such last mentioned sale or sales Upon and for the trusts intents and purposes hereinafter declared concerning the same (that is to say) As to the money to arise by the sale of the land which is subject to the life estate of John Hope Maclean Upon trust that they my said trustees or trustee and the survivor of them and the heirs and assigns of such survivor shall by and out of the purchase money to be received for the same pay all costs charges and expenses attending such sale or sales and as to the remainder or surplus of such purchase money I give and bequeath the same to the stewards for the time being of the school called the Blue Coat Charity School for poor boys and girls kept up in Spalding aforesaid for the benefit of that most excellent Institution And I declare that the receipt of the stewards thereof for the time being of the said Charity shall be an effectual discharge for the same and that the same be paid as soon after the settling for the purchase of the said land as possible And as to the monies to arise by the sale of my other freehold estates and bank shares and all other my personal estate not hereinbefore bequeathed to my said Wife for her own use Upon trust that they my said trustees or trustee and the survivor of them and the heirs and assigns of such survivor shall by and out of the respective purchase monies to be received for the same and from mortgage and other monies to be received pay all costs charges and expenses attending such sale or sales and of this my Will retain for themselves the sum of nineteen pounds a piece for the trouble they may have in the execution of this my Will Then to pay thereout the following legacies or sums of money (that is to say) To Samuel Edwards of Spalding aforesaid Attorney at law one hundred pounds To Rebecca Stoneham

[Page 4] now living at Number 10 A King Street Soho London daughter of late Stoneham of Spalding aforesaid one hundred pounds To Susan Locke and James Locke a son and daughter of John Locke of Ryhall in the County of Rutland Wheelwright the sum of one hundred pounds To Mary Jane Bromhead of Colsterworth near Stamford the daughter of John Bromhead Farmer fifty pounds To Harriett Jessitt the daughter of the late James Jessitt of Stingo Hill near Skirton Farmer fifty pounds and to my friend William Maxey the elder of Saint Peters Hill Stamford in this County Grocer fifty pounds all which said legacies or sums of money shall be paid free from legacy duty as soon as the different purchases shall be settled Then as to the rest residue and remainder of my said real and personal estates not hereinbefore disposed of I give devise and bequeath the same unto the children of the said John Locke of Ryhall aforesaid including the before named Susan Locke and James Locke (except William Burton Locke and Thomas Locke who I consider is provided for) and the survivors and survivor of them their heirs executors and administrators to be equally divided between them share and share alike on their arriving at the age or respective ages of twenty one years and the shares or share of such of them as shall be under the said age of twenty one years shall be retained by my said trustees or trustee and put out to interest for their his or her benefit And I declare that in case there shall be any call or calls made to pay any money on account of Bank shares during the life of my said Wife Then it shall be lawful for her and her assigns to call in any sum of money out on mortgage to pay for such call or calls and her receipt alone shall be a good discharge for such money so called in and that she shall not be answerable for any loss attending the same I devise and bequeath all the estates vested in me by way of mortgage with the appurtenances unto my said Wife during her life according to the nature of the same premises subject to the equity of redemption subsisting therein respectively but the money secured on such mortgage to be considered as part of my personal estate And from and after my said Wifes decease I devise and bequeath such last mentioned estates with the appurtenances unto the said Thomas Pear and George Richardson Maugham their heirs executors administrators and assigns according to the nature of the same premises subject to the equity of redemption subsisting therein respectively but the money secured on such mortgages to be considered as part of my personal estate And I hereby appoint my said Wife and the said Thomas Pear and George Richardson Maugham Executrix and Executors of this my Will And I do declare that the receipt or receipts 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 shares or securities which may be paid or transferred to them or him in pursuance hereof or of any of the trusts thereof shall effectually discharge the purchaser or purchasers or other the person or persons paying or transferring the same therefrom and from being required to see to the application or being answerable for the misapplication or non application thereof And I do hereby declare that if the said trustees hereby appointed or either of them or any trustee or trustee to be 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 so transferred that the same may become vested in the new

[Page 5] 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 directions as if he had been hereby originally appointed a trustee And I declare that the trustees or trustee for the time being of this my Will shall be chargeable only with such monies as they or he respectively 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 shares or securities nor otherwise for involuntary losses And that the said trustees or trustee for the time being may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts In witness whereof I the said James Addleshaw Pollard have to this my last Will and Testament contained and written in this and the four preceding sheets of paper set my hand this fourteenth day of April in the year of our Lord one thousand eight hundred and fifty four – J. A. Pollard – Signed and acknowledged by the said James Addleshaw Pollard the Testator as his last Will and Testament in the presence of us present at the same time and who in his presence at his request and also in the presence of each other have hereunto subscribed our names as Witnesses the word “nineteen” having been first interlined above an erasure in the third sheet – William Plumpston Tailor & Draper Spalding – Maria Plumpston Spalding.

Proved at London the 7th June 1854 before the Judge by the oaths of Susan Pollard widow the Relict Thomas Pear the younger and George Richardson Maugham the Executors to whom admon was granted having been first sworn by Comon duly to administer.

Principal Individual: James Addleshaw Pollard

Name: James Addleshaw Pollard
Role in Document: Testator (Subject of the Will)
Occupation: Estate Agent and Auctioneer
Residence: Spalding, Lincolnshire, England
Biographical Details: He wrote his will on 14 April 1854, and it was proved in London on 7 June 1854. He was a man of significant wealth, owning real estate, bank shares, and holding mortgages. He was married to Susan Pollard and had a daughter, Mary Jane, who predeceased him.

Principal Individual: Mary Jane Maclean (formerly Pollard)

Name: Mary Jane Maclean (maiden name Pollard)
Role in Document: Deceased Daughter of the Testator
Biographical Details: She married John Hope Maclean on 29 September 1852 in Spalding. Tragically, she died less than a year later on 2 August 1853 without any living children. She was buried at Ryhall in the County of Rutland.

Principal Individual: John Hope Maclean

Name: John Hope Maclean
Role in Document: Son-in-law of the Testator
Occupation: Gentleman
Residence: Formerly of Whittlesey, then Spalding, and described in his marriage certificate as living at 39 Marylebone Place, Marylebone, Middlesex.
Biographical Details: Married Mary Jane Pollard in 1852. The will details a marriage settlement and trust provisions regarding lands in Spalding that revert to James Addleshaw Pollard’s estate upon John’s death, due to Mary Jane dying without issue.

Associated Individuals

Susan Pollard: Wife of James Addleshaw Pollard. Appointed as Executrix and primary beneficiary of his personal estate and a life interest in his real estate.
Thomas Pear the younger: Civil Engineer of Spalding. Appointed as a Trustee and Executor.
George Richardson Maugham: Farmer and Grazier of Moulton, Lincolnshire. Appointed as a Trustee and Executor.
Samuel Edwards: Attorney at law in Spalding. Received a legacy of £100.
Rebecca Stoneham: Daughter of the late Stoneham of Spalding, living at 10 A King Street, Soho, London. Received a legacy of £100.
John Locke: Wheelwright of Ryhall, Rutland. Father to Susan, James, Thomas Locke and William Burton Locke.
Susan Locke & James Locke: Children of John Locke. Each received a legacy of £100, plus a share of the residuary estate.
William Burton Locke: Son of John Locke. Explicitly excluded from the residuary estate because the testator considered him “provided for.”
Thomas Locke: Son of John Locke. Explicitly excluded from the residuary estate because the testator considered him “provided for.”
Mary Jane Bromhead: Daughter of John Bromhead (Farmer) of Colsterworth near Stamford. Received a legacy of £50.
Harriett Jessitt: Daughter of the late James Jessitt (Farmer) of Stingo Hill near Skirton. Received a legacy of £50.
William Maxey the elder: Grocer of Saint Peters Hill, Stamford. Described as a friend. Received a legacy of £50.
William Plumpston & Maria Plumpston: Witnesses to the will. William was a Tailor & Draper in Spalding.

Key Events

Marriage: Mary Jane Pollard and John Hope Maclean on 29 September 1852 in Spalding, Lincolnshire.
Death: Mary Jane Maclean on 2 August 1853 in Spalding, Lincolnshire (buried in Ryhall, Rutland).
Will Creation: 14 April 1854 in Spalding, Lincolnshire.
Probate: 7 June 1854 in London.

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