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Will of Rowland Berkeley of Benefield (-1813)

This is the last will and Testament of me Rowland Berkeley of Benefield in the County of Northampton Gentleman that is to say I give the sum of fifty pounds to my dear wife Mary to be paid to her immediately after my decease for her present supply I give to my daughter Mary Ann my piano forte with the music school belonging to it I give the sum of thirty one pounds ten shillings to my daughter Elizabeth to purchase for herself a piano forte if she ..... it to be paidto her 2 months after my decease I ive to my servant is husbandry Thomas Ridgeman annuity or yearly sum of five pounds for his life to be paid him by ... half yearly payments the first payment thereof to .... a the end of three calender months next after my deacease and to be routinely ... and payable half yearly .... every year of his life and I hereby charge and make .... .... my personal estate to and with the payment thereof I give and devise all and every my real estate whatsoever to to ... I am entitled in possession reversary or herewith a . ...... and .......all did ..... my goods chattels .live and dead stock effects and personal estate whatsoever and wheresoever and of what nature or kind ..... the same way be at the time of my decease after and subject to the payment of debts the aforesaid .... and annuity and my funeral and testamentory espenses unto my siad wife Mary and my brothers Charles Berkeley of Biggin in the parish of Oundle in the said County of Northampton Esquare and John Berkeley of the Stock Exchange London Gentleman their executors administrators and assigns upon Trust that they and the survivor and survivors of them and the executors admiinistrators and assigns of such survivor do and shall .... ass... pay apply and divide the same between and amongst all my children Charles Berkeley, Mary Ann Berkeley Elizabeth Berkeley rowland Berkeley and Miles Berkeley and any other child or children that I may have in equal proportions the part or share or parts of shares of such of them as shall be a son or sons to be ..... assured and paid to him or them at his or her age of twenty one years and the part or share or the part or share or parts of shares of such of them as shall be a daughter or daughters to be .... and assured or paid to her or them at her or their age or ... ages of twenty one years or on the days or days if her or their marriage or .... mariageswhich shall first happen provided always and my will is and I hereby direct that if any one of more of my said children being a daughter or daughters shall depart this life before me shall attain her age of twenty one years or be married or if any of my said children being a son or sons shall depart this life without having lawful issue before he or they shall attain the age of twenty one years then the share or shares of such daughter or daughters .... and if such son or sons .... without lawful issue of and in as well muy said ... as my personal estate shall go to and accure for the benefit of the survivors or survivor and other or others of my said children and shall be equally divided between or amongst themif more than one and if only one the .... to ... only one at suych ... days and time and in such manner as having before mentioned and it is my will and I so hereby direct that in case any of my children being a son or sons shall happen to .... die before he or they shall attain his or their age or .... ages of twenty one years and shall have lawful issue ..... shall subject to their life estate of the widow of such son so ... aforesaid therein be .... to and shall have and ... not only his or her their state survival shhare or shares but such other share or shares as shall have accured by the ... of survivors by the .... her will before mentioned if only one he or she to take the whole but if two or more to be equally divided between them notwithstanding the disposition herein before made of my personal estate I ... that my said deat wife shall continue my farming business for the benefit of herself and my family and in such .... my farming stock of every description shall be valued and ... for the amount of it given to my dear wife to the satisfaction of the said Charles Berkeley and John Berkeley and in such manner and with such condition as they shall think most for the advantage of my family and hereby revoke all former wills and .... this to be my last will and testament and I make constitute and appoint my said dear wife executrix and my said brothers Charles Berkeley and John Berkeley executors of this my will and joint Trustees and Guardians of the persons and ... of my present and other other children I may have during their respective minorities and my will is that my said Trustees and Executors and such of them shall be .... and chargeable only with such monies as they shall respectively .... receive by virtue of the trusts hereby in their ... notwithstanding but this or their ... in any script or scripts for the sake of conformity and the one of them shall not or ..... or accountable for the others or other of them but such of them for her or his own arts deeds scriipts and .... only nor shall they or any of them be .... or accountable for any .... .... or toher person with whom any part of the said Trust previously may be .... for the .... .... of any security or securities .... or .... whatsoever or in which the ... or any part thereof shall bne ... or invsted or for any ... or .... whiuch may happen ... the same is .... by his her or their own wilful neglect or default and it shall annd may be lawful to and for my said Trustees and such of them theor and such of their .... .... .... and .... by and out of any monies which shall ... to their .... respectively by .... of their Trusts aforesaid to which to .... ..... .... herself or himself and themselves respecively and ... to allow to his or their .. Trusteee or ... Trustees all such costs recharges and expenses as they or any of them shall or may sustain expand or be put into in or about the execution of the ... Trusts ... in them in and by this my will or any matter of things relating thereto ... writings whereof have to this last will and tstament contained in three sheets of paper by my hand and seal that is to say to the first two sheets my hand and to the third and last sheet my hand and seal this fourth day of December in the year of out Lord one thousand eight hundred and nine R Berkeley (seal) Signed.... ..... sealed by the said Rowland Berkeley the testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereto subscribed our names as witnesses the words "subject to the life estate of the widow of such son surviving as aforesaid therein" being first inter... between the fifth and sixth lines of the second sheet. Nov .... Solt Oundle Mark of Thomas Freeman Mark of Robert Lay Servants to R Berkeley

Codicil to R berkeley's will whereas I am entitled to a reversionary share or third part of certain freehold estate situate in the town and Lordship of Oundle in the County of Northampton by will of my late brother Mr Miles Berkeley of Hope ... aforesaid I do hereby give and bequeath my said reversionary share or third part of the said freehold estates unto my executors named in my will earing date the day of December 1810 for interests and purposes herein after maintained that is to say I direct my said executors to divide equally the value of the said reversionary share amonst all my children which shall be alive at the time of my decease and if only one child should be living I give the said reversionary share unto my surviving child and in case all my children should die before me I give the said revisionary share unto my wife Mary Berkeley for the term of her natural life and after her decease I give the said revisionar share unto my brothers Charles berkeley of Biggin and John Berkeley of the Stock Exchange and to their .... ....them and from and after their decease I give the said revisionar share unto all the legitimate children of my brothers Charles Berkeley and John Berkeley share alike by writings whereof I have hereunto set my hand and seal this fourth day of June in the year of our Lord one thousand eight hundred ad eleven R Berkeley (seal) signed and sealed in the presence of Edward ... Rector of Benefield and ... ...... ...... . .... ..... .... .

I Rowland Berkeley of Benefield in the County of Northampton Gentleman so direct and order that this present wirting may be accepted and taken as a codicil to my last will and tstament bearing date the fourth of December one thousand eight hundred and nine I give and bequeath unto my dear wife Mary all sort of my ...hold furniture to the value of one hundred and fifty pounds as she shall think proper to take to her own use and benefit and without being liable to ... any amount of and for the same I take this oppiortunity of correcting an error in the former codicil ro my will bearing date the fourth of June one thousand eight hundred and eleven when I refer to my will bearing date day of December 1810 and so hereby declare that my .... was to the aforesaid will bearing datethe fourth day of December one thousand eight hundred and nine and ... am ... ... this present writing to be .... and taken as part of my last will and rstament and accepted as a codicil thereto ... writings whereof I have hereunto set my hand and seal this nineteth day of February one thousand eight hundred and thirteen R Berkeley (seal) Signed sealed published and ... by the said Rowland Berkeley as a codicil to his last will and tstament in our presence and at his request and in the presence of each other attest the same the words "the value of one hundred and fifty pounds the word "use" having first been interlined and the work "...." obliterated and the word "thirteen" interlined over the same William Bailey Robert Lay

Proved at London with 2 codicils 14 July 1813 bfore Judge by the oaths of Mary Berkeley widow the Relict Charles berkeley John Berkeley Esqs the brothers and exors to whom ... was granted being first sworn duly to administer.