Last Will and Testament of
William Lock
Born 1784, Ryhall, Rutland
Died 7 Aug 1849, Moulton, Lincolnshire
I William Locke of Moulton in the County of Lincoln – Farmer do declare this to be a codicil to my will dated this twenty eighth day of June one thousand eight hundred and forty nine. Whereas I have by my said will ordered and directed that my trustees therein named shall after the decease of my brother Alexander Locke sell all my real estate and ?? out the monies to arise there ?? at interest and pay and divide the same half yearly equally between my brother and sister John Locke and Susan Pollard during their lives and the life of the survivor. Now I do hereby declare that in case my said sister shall survive my said brother John Locke she shall only receive her own share of such interest of my said brother John Locke that the trustees or trustee for the time being shall pay and divide the same during the life of my sister Susan Pollard between amongst all and every the children of my said brother John which shall be living at his death or born in due time afterwards in the way and manner as the principal monies are in my said will ordered to be divided and in other respects I confirm my said will in witness whereof I the said William Locke have to this codicil to my last will and testament set my hand this twenty eighth day of June one thousand eight hundred and forty nine.
Signed and acknowledged by the said William Locke as a codicil to his will in the presence of us present at the same time and who in his presence at his request and in the presence of each other have hereunto subscribed our names as witness.
William Locke (signature)
John Molson Cooley Moulton Farmer (signature)
Thomas Rainer Moulton Farmer (signature)
This is the last will of me William Locke of Moulton in the County of Lincoln, farmer. I devise unto my brother Alexander Locke of Moulton aforesaid farmer now living with me all my real estate’s with their respective appurtenances’ to hold the same unto and use of my said brother and his assigns for and during the term of his natural life I bequeath unto my said brother all my farming stock household furniture monies debts and all 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 Alexander Locke I devise my said real estate’s with their respective appurtenances unto my friends John Hope Maclean of Spalding in the same county Banker and John Dixon Shepherd of Whaplode in the said county of Lincoln Farmer their heirs and assigns upon trust that they or the survivor of them or their heirs executors or administrators of such survivor hereinafter called the trustees of 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 buy in or 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 ?? and I declare that my said trustees of the survivor of them and the heirs executors administrators and assigns respectively of such survivor shall hold such purchase monies upon trust to invest the same in their names in government of real securities with power for any said trustees of trustee to vary the same and pay and divide the dividends or interest to arise therefrom half yearly 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 and divide the same between and amongst all and every the children of my said brother and sister living at my death or 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 at their of his death or respective deaths or born in due time after or being a daughter or 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 any 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 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 share of any child under the trusts herein before 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 and such stocks funds or securities as are herein before 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 at 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 and 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 each 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 anything hereinbefore contained to the contrary notwithstanding I appoint the said John Hope Maclean and John Dixon Shepherd 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 of any monies or securities which may be paid or transferred to them or him in pursuance hereof shall effectively discharge the respective purchasers or other persons paying or transferring the same from being concerned to see to the
application or being answerable for the misapplication or non application thereof. And I hereby declare that if the said trustees hereby appointed or either of them or any trustee or trustees 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 of 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 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 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 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 hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts I appoint my brother Alexander Locke executor of this my will. In witness whereof I the said William Locke have to this my last will set my hand this twenty eighth day of June one thousand eight hundred and forty nine.
William Locke (signature)
Signed and acknowledged by the said William Locke as his will in the presence of us present at the same time and who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
John Molson Cooley Moulton Farmer
Thomas Rainer Moulton Farmer
On the 15th day of October in the year of our Lord one thousand eight hundred and forty nine, Alexander Lock the executor within named, was 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 three hundred pounds.
Before me J Morton ?? Probate dated the 19th day of January 1850.
The testator died on the 7th day of August 1849
Wayne and Sandra's Family History 