Proved in the Peculiar Court of Banbury in 1804
 










This is the last Will and Testament of me JOHN HIRONS of Wardington in the County of Oxford – Yeoman

I direct all my just debts and funeral and testamentary expenses to be in the first place paid and satisfied and I give and devise all my messuages lands tenements and hereditaments in Wardington aforesaid and all other my real estates whatsoever and wheresoever unto and to the use of RICHARD WILLIAMS of Clopton House in the County of Warwickshire Esquire and URBAN FIDKIN of Banbury in the County of Oxford Gentleman and their heirs upon the trusts following (that is to say) as to my messuage in Wardington aforesaid which I purchased of PHILLIP MUDDIN with its appurtenances in trust for my housekeeper ELIZABETH FOX and her assigns for and during her life she and they keeping the same in tenantable repair and as to my messuage in Wardington aforesaid wherein MARY WARD now lives with its appurtenances in trust for her the said MARY WARD and her assigns for and during her life she and they keeping the same in tenantable repair and upon further trust by and out of the rents and profits of all the rest and residue of my real estates so devised as aforesaid to pay to the said ELIZABETH FOX and her assigns for her and their own use and benefit the yearly sum of twelve guineas for and during the joint lives of her the said ELIZABETH FOX and of my daughter ELIZABETH BREWERTON and in case the said ELIZABETH FOX shall survive my said daughter then upon trust by and out of the last mentioned rents and profits to pay to her the said ELIZABETH FOX and her assigns for her and their own use and benefit the yearly sum of twenty pounds for and during her life the same two annuities to be respectively paid by equal half yearly payments upon the twenty ninth day of September and the twenty fifth day of March in every year clear of all taxes charges and deductions whatsoever the first payment of the said yearly sum of twelve guineas to be made upon such of the said days of payment as shall happen next after my decease and the first payment of the said yearly sum of twenty pounds (if the same shall become payable) to be made upon such of the said days of payment as shall happen next after my said daughters decease and I give to the said ELIZABETH FOX and her assigns such and the like powers of entry and distress upon the said residue of my real estates charged with the said two yearly sums for recovering the same or either of them if they respectively or any part thereof shall happen to be twenty eight days in arrear as are usual in cases of distress for non-payment of rent reserved by lease and from and after my decease as to all the said rest and residue of my real estates subject to the said two yearly sums of twelve guineas and twenty pounds and not hereby declared to be in trust for the said ELIZABETH FOX and MARY WARD respectively for their respective lives as aforesaid and from and after the decease of the said ELIZABETH FOX then as to the said messuage and the appurtenances which I purchased of PHILLIP MUDDIN and from and after the death of the said MARY WARD then as to the said messuage wherein she now lives and its appurtenances my will and meaning further is that my said trustees and the survivor of them and his heirs and the trustees or trustee for the time being of the same estates and premises shall stand and be seized thereof and interested therein upon the further trusts following (that is to say) upon trust in the first place by and out of the rents and profits thereof duly to pay and keep down the interest of the principal money which for the time being shall be due upon mortgage of my said estates and then to retain out of the said rents and profits the yearly sum of one hundred pounds until the monies so retained or the funds or securities wherein or upon which the same shall be invested or placed out and the accumulation of the same shall be sufficient to discharge the principal money which shall be due on such mortgage and from time to time to place out such yearly sum at interest on government or real securities in the names or name of my said trustees or the survivor of them his executors or administrators and also from time to time to receive and place out such interest as and when due upon like securities in the same manner so as to form an accumulating fund for the purpose of redeeming the said mortgage as is hereinafter more particularly directed and subject thereto upon further trust to pay and dispose of the surplus of the said rents and profits during the life of my daughter ELIZABETH BREWERTON wife of JAMES BREWERTON of the City of Oxford as and when the same shall be received to such persons and for such purposes only as my said daughter notwithstanding her coverture and whether covert or sole shall from time to time by any writing signed with her own hand direct or appoint and in default of or until such direction or appointment in trust to pay the same or so much thereof whereof no such direction or appointment shall be into the proper hands of her my said daughter or permit her to receive the same for her sole and separate use independent of her said husband JAMES BREWERTON and every after taken husband and wherewith he the said JAMES BREWERTON or any after taken husband or husbands of my said daughter shall not intermeddle neither shall the same be subject to his or their debts or engagements and the respective receipts of my said daughter and of such person or persons as she shall from time to time direct or appoint to receive all or any part of the same surplus rents and profits under her his or their hand or hands shall notwithstanding her coverture be a sufficient discharge to my said trustees or the person or persons paying the same for so much money as in such receipts shall be acknowledged to be received and from and after the decease of my said daughter ELIZABETH BREWERTON in case the said JAMES BREWERTON her husband shall survive her and there shall neo no lawful issue of her body then living upon trust by and out of the said surplus rents and profits to pay to the said JAMES BREWERTON and his assigns for his and their own use and benefit the yearly sum of one hundred pounds for and during his life by equal half yearly payments upon the fifth day of April and the tenth of October in every year clear of all taxes charges and deductions whatsoever the first payment thereof to be paid upon such of the said days of payment as shall happen next after my said daughter’s decease and I give to the said JAMES BREWERTON and his assigns such and the like powers of entry and distress upon my said real estates hereby charged with or made liable to the payment of the same last mentioned yearly sum of one hundred pounds for recovering the same if and when such yearly sum or any part thereof shall happen to be twenty eight days in arrear as are usual in cases of distress for non-payment of rent reserved by lease and from and after the death of my said daughter ELIZABETH BREWERTON and subject to and charged with the several yearly sums or payments hereinbefore directed or such of them as for the time being shall be undetermined or capable of taking effect and also subject to the estates or interests hereinbefore given to the said ELIZABETH FOX and MARY WARD in the aforesaid two messuages respectively for their respective lives as before expressed all my real estates hereinbefore devised as aforesaid shall be and remain upon the further trusts following (that is to say) in case there shall be only one son of the body of my said daughter ELIZABETH BREWERTON then as to all the same real estates in trust for such only son of the body of her my said daughter begotten or to be begotten and for the heirs of his body issuing but in case there shall be two or more sons of the body of my said daughter begotten or to be begotten then as to all my messuages lands and other hereditaments in Wardington aforesaid now respectively in the occupations of RICHARD LAW, PRATT, THOMAS COWLEY, JOHN GREGORY, JOHN SWAINE, MARY WARD and myself with their respective appurtenances in trust for the first son of the body of my said daughter ELIZABETH BREWERTON begotten or to be begotten and for the heirs of his body issuing and for default of such issue then in trust for the third fourth fifth and all and every other the son and sons of the body of my said daughter begotten or to be begotten save and except her second son severally successively and in remainder one after another as they and every of them shall be in priority of birth and for the several and respective heirs of the body and bodies of all and every such son and sons (except the said second son) issuing the elder of such sons and the heirs of his and their body and bodies and for default of such issue then in trust for the second son of the body of my said daughter begotten to be begotten and for the heirs of his body issuing and as to all my estate messuages lands and other hereditaments called Fernhill in the parish of Wardington aforesaid with their respective appurtenances in trust for the second son of the body of my said daughter begotten or to be begotten and for the heirs of his body issuing and for default of such issue then in trust for the third fourth fifth and all and every other the son and sons of the body of my said daughter begotten and to be begotten (save and except her first son) severally successively and in remainder one after another as they and every of them shall be in priority of birth and for the several and respective heirs of the body and bodies of all and every such son and sons (except the said first son) issuing the elder of such sons and the heirs of his body being always to take before the younger of such sons and the heirs of his and their body and bodies and for default of such issue then in trust for the first son of the body of my said daughter begotten to be begotten and for the heirs of his body issuing and in case my said daughter shall not have any son of her body begotten or if there shall be any such son or sons and every such son shall die without issue of his body or there shall be a failure of issue of the body of every such son then all my real estates hereinbefore devised shall (but subject and charged as aforesaid) be and remain in trust for all and every the daughters of the body of my said daughter ELIZABETH BREWERTON begotten and to be begotten in equal shares as tenants in common in tail general with cross remainders in the usual manner between them and their respective issue as tenants in common in tail general and for default of such issue in trust for WILLIAM GIBBARD of Sharnbrook in the County of Bedford and his assigns for and during the term of his natural life without impeachment of waste and from and after his decease in trust for the first son of the body of the said WILLIAM GIBBARD begotten or to be begotten and for the heirs of the body of such first son issuing and for default of such issue then in trust for the second third fourth and all and every other the son and sons of the body of the said WILLIAM GIBBARD begotten and to be begotten severally successively and in remainder one after another as they and every of them shall in priority of birth and for the several and respective heirs of the body and bodies of all and every such son and sons issuing the elder of such sons and the heirs of his body being always to take before the younger of such sons and the heirs of his and their body and bodies and for default of such issue in trust for all and every the daughter and daughters of the body of the said WILLIAM GIBBARD begotten and to be begotten in equal shares as tenants in common in tail general with cross remainders in the usual manner between them and their respective issue as tenants in common in tail general and for default of such issue then in trust for RICHARD HIRONS son of THOMAS HIRONS of Wardington aforesaid his heirs and assigns for ever provided always and my will is that the sons of the body of my said daughter ELIZABETH BREWERTON and the issue male of the bodies of such sons respectively and the said WILLIAM GIBBARD and the sons of his body and the issue male of the bodies of such sons respectively when and as they respectively shall become entitled to have and enjoy the rents and profits of my real estates hereinbefore devised or any of them or the surplus of all or any of such rents and profits as aforesaid by virtue of the limitations hereinbefore contained and during such time as they respectively shall be entitled to have and enjoy such rents and profits or any of them shall and do assume and take upon himself and themselves respectively and continue to use the surname of HIRONS and use the Coat of Arms of that family and shall in all deeds writings letters and other instruments of writing be styled or called by the surname of HIRONS and set subscribe and write his and their surname and surnames HIRONS to all and every such deeds writings letters and instruments and that in default thereof the person and persons refusing or neglecting so to do shall not have or take any benefit estate or interest from under or by virtue of any of the limitations herein contained or of this my will and that in such case my said real estates hereby devised or such part or parts thereof as the person or persons so refusing or neglecting would otherwise have been entitled to shall from thenceforth (but subject and charged as aforesaid) be in trust for the person or persons who by virtue of this my will is or are to take next in remainder after the person or persons so refusing or neglecting for such estate and estates and in as full ample and beneficial a manner to all intents and purposes as if the person or persons so refusing or neglecting was or were actually dead provided nevertheless that such person or persons next in remainder to take in consequence of such refusal or neglect shall assume and take upon him her or them and continue to use and bear the surname and Coat of Arms of the family of HIRONS in manner and form aforesaid and I empower the said RICHARD WILLIAMS and URBAN FIDKIN and the survivor of them and his heirs with the consent of my said daughter during her life and after her death then with the consent of the said WILLIAM GIBBARD in case and when he shall be entitled to an estate of freehold in possession of and in any part of my said real estates under this my will (such consent to be respectively signified in writing under her or his hand) by indenture or indentures to be sealed and delivered in the presence of two or more credible witnesses (but without prejudice to the estates or interests hereinbefore given to the said ELIZABETH FOX and MARY WARD in the aforesaid two messuages respectively for their respective lives and without prejudice to the payment of the yearly sums hereinbefore directed to be paid to demise or let all or any part or parts of my said real estates to any person or persons for any term of years not exceeding twenty one years in possession but not in reversion or expectancy so as upon every such lease there be reserved during the continuance thereof the most improved yearly rent or rents that can be reasonably had for the same without taking any fine or premium and so as none of such leases be made dispunishable of waste and so as in every such lease there be contained a clause of entry for non payment of the rent or rents to be thereby reserved and so as the lessee or lessees do seal and deliver a counterpart thereof respectively and my will and meaning further is that my said trustees and the survivor of them his executors and administrators shall stand possessed of the securities so to be made an accumulating fund as aforesaid in trust to vary and change such securities from time to time for other government or real securities as they the trustees or trustee (for the time being) of the said trust premises shall think fit and to continue such accumulation thereof as aforesaid until the same accumulating fund shall be sufficient to pay off all the principal money which shall remain on the said mortgage and then to sell or dispose of the said securities and with the money thereby arising to pay off and discharge the said mortgage accordingly but if it shall so happen that the principal money due on the said mortgage or any part thereof shall be called in or it shall be otherwise necessary or expedient to pay off the same before the said fund shall be sufficient for that purpose then and in such case I do hereby empower my said trustees or trustee for the time being to sell and dispose of the said securities and apply the money thereby arising towards the payment of such principal monies so called in or necessary or expedient to be paid off and then also and in such case I do hereby empower the said RICHARD WILLIAMS and URBAN FIDKIN and the survivor of them and his heirs by demise or mortgage of all or any part of my said real estates for any term or number of years to commence and take effect in possession from the time of making such demise or mortgage to raise and borrow and take up at interest so much money as together with the money arising by sale of the said securities shall be sufficient to pay off all the then residue of the principal monies remaining due upon the said present mortgage and thereupon to pay off all the said residue of such monies accordingly and in case any money shall be so raised for the purpose last mentioned my will is that the interest thereof shall be paid out of the rents and profits of my said estates as I have before directed concerning the interest now payable and that the first hereinbefore mentioned yearly sum of one hundred pounds shall not in that case on the discharge of the said present mortgage but shall still be retained placed onto and managed by the trustees or trustee thereof as an accumulating fund as aforesaid for the purpose of discharging and until the same shall be sufficient to discharge in the manner before expressed all the principal money which shall be borrowed by virtue of the power hereinbefore given in that behalf provided always and my will and meaning further is that if there shall be issue of the body of my said daughter begotten or to be begotten an only son and one or more daughter or daughters or two sons and one or more other child or children then and in such case notwithstanding the trusts hereinbefore declared the said RICHARD WILLIAMS and URBAN FIDKIN or the survivor of them his heirs or assigns do and shall after the decease of my daughter by demise sale or mortgage of all or any part or parts of my said messuages lands tenements hereditaments and real estates hereinbefore devised (but without prejudice to the estates or interests hereinbefore given to the said ELIZABETH FOX and MARY WARD in the aforesaid messuages for their respective lives and without prejudice to the payment of the annuities hereinbefore directed to be paid) raise and pay for the portion and portions of all the children of my said daughter other than and except her only son or first and second son the sum or sums of money following (that is to say) if there shall be issue of the body of my said daughter one son only and one or more daughter or daughters then the sum of three thousand pound of lawful money of Great Britain for the portion or portions of such one or more daughter or daughters but if there shall be issue of the body of my said daughter a first and second son and one or more of her child or children then the sum of two thousand pounds of like lawful money for the portion or portions of the same child or children other than and besides a first and second son the moiety of which sum of two thousand pounds and all maintenance money and interest which shall become payable in respect of the same moiety shall be so raised from and out of my said messuages lands and other hereditaments in Wardington aforesaid in the respective occupations of RICHARD LAW  PRATT  THOMAS COWLEY  JOHN GREGORY  JOHN SWAINE  MARY WARD and myself with their appurtenances and the other moiety thereof and all maintenance money and interest which shall become payable in respect of the same moiety shall be raised from and out of my said estate messuages lands and other hereditaments called FERNHILL in the parish of Wardington aforesaid with their appurtenances hereby intended for the second son of my said daughter and which said sums of three thousand pounds or two thousand pounds as the case shall happen to be shall go and be paid to the said child or children other than and except an only son or a first and second son and be equally divided between or among them if more than one share and share alike the share or shares of such of them as shall be a son or sons to be paid to him or them at his or their age or respective ages of twenty one years and the share or shares of such of them as shall be a daughter or daughters to be paid to her or them at her or their age or respective ages of twenty one years or day or respective days of marriage which shall first happen and my will and meaning further is that if any such child or children for whom a portion or portions is or are hereby provided or intended as aforesaid shall being a son or sons attain his or their age or respective ages of twenty one years in the lifetime of my said daughter or being a daughter or daughters shall attain her or their like age or respective ages or be married in the lifetime of my said daughter then and from thenceforth the rights and interests of such child or children so attaining such age or (being a daughter or daughters) so marrying as aforesaid to and in the portion or portions hereby provided or intended for him her or them shall be considered as vested rights and interests in him her or them respectively but the payment thereof shall be postponed until after the decease of my said daughter and shall be payable at the end of six calendar months next after her decease with interest for the same at the rate of four pounds per centum per annum from such decease and my will and meaning further is that if there shall be more than one such child as aforesaid other than and besides an only son or a first and second son and any of them being a daughter or daughters shall die under the age of twenty one years and without having been married or any of them being a younger son or sons shall die or become an eldest or only son or shall become entitled to an estate of inheritance in possession in any part of my said real estates under this my will before he or they shall respectively attain his or their age or respective ages of twenty one years then the portion or portions hereby intended for such daughter or daughters so dying and for such younger son or sons so dying or becoming an eldest or only son or entitled as last aforesaid except so much of the portion or portions intended for such younger son or sons as shall have been applied for his or their advancement pursuant to the power hereinafter given in that behalf shall from time to time go accrue and belong to the survivors or survivor and others or other of the said children and vest in and be paid to him her or them and be equally divided between them if more than one share and share alike at such age or ages days or times and in such manner and shall from time to time be subject to such or the like condition or contingency of survivorship as is hereinbefore expressed concerning his her or their original portion or portions provided also and my will further is that the said RICHARD WILLIAMS and URBAN FIDKIN or the survivor of them or his heirs or assigns do and shall from and after the decease of my said daughter (but subject and without prejudice as aforesaid) by and out of the rents and profits of my said real estates hereby devised to them levy raise and pay for the maintenance and education of all and every such child and children of my said daughter (except an only son or a first and second son and except any other of her sons who shall become entitled to an estate of inheritance in possession of and in any part of my said real estates under this my will) in the mean time until his her or their portion or respective portions shall become payable such yearly sum or sums of money as the interest of the portion or respective portions hereby provided or intended for such child or children were he she or they entitled thereto would amount unto at the rate five pounds per centum per annum the said yearly sum or sums of money for maintenance to be paid by equal quarterly payments on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty first day of December in every year and the first payment thereof to be made on such of the said days as shall happen next after the decease of my said daughter and I do hereby also empower the said RICHARD WILLIAMS and URBAN FIDKIN and the survivor of them his heirs and assigns at any time or times after my said daughters decease (but subject and without prejudice as aforesaid) to raise any part or parts of the portion or portions hereby intended for any such younger son or sons not exceeding one half of his portion for any one son and to pay and apply the same for or towards his or their preferment or advancement in the world notwithstanding his or their portion or portions shall not be then vested or payable and my will further is that if the said RICHARD WILLIAMS and URBAN FIDKlN or either of them shall die or desire to be discharged from the trusts aforesaid before the same shall be performed it shall be lawful for my said daughter ELIZABETH BREWERTON and her said husband JAMES BREWERTON and the said WILLIAM GIBBARD and RICHARD HIRONS or the survivors or survivor of them by any writing or writings under their his or her hands and seals or hand and seal and attested by two or more credible witnesses to appoint any other person or persons to be trustee or trustee for the purposes aforesaid in the place and stead of them the said RICHARD WILLIAMS and URBAN FIDKIN or such of them as shall so die or desire to be discharged from the aforesaid trusts and so from time to time as often as there shall be the like occasion to appoint any other person or persons to be a trustee or trustees in the manner and for the purposes aforesaid and that when and so often as any new trustee or trustees shall be appointed as aforesaid all and singular the aforesaid trust estates securities and trust premises shall thereupon be conveyed assigned and transferred in such manner as that the same shall be effectually vested in the continuing former trustee or trustees and such new trustee or trustees or if there shall be no such continuing trustee then in such new trustee or trustees only upon the trusts aforesaid and such new trustee or trustees shall and may in all things act and assist in the management and execution of the trusts and powers aforesaid or any of them in such and the same manner in all respects as if he or they had been originally nominated as trustee or trustees for the purposes aforesaid and not. otherwise and thereby declare that my said trustees hereinbefore named and the new trustees to be hereafter from time to time appointed as aforesaid or any of them their or any of their respective heirs executors or administrators shall not be answerable for or liable to make good any casual or involuntary loss of any part of the said trust monies and premises and that each of them shall be answerable or accountable for his own particular acts neglects and defaults only and for such of the said trust monies and premises only as shall actually come into his own hands or possession and that they and each of them shall and may by and out of the said trust monies and premises deduct for retain to and reimburse themselves respectively all such costs charges and expenses as they or any of them shall pay expend or incur in or about the execution of the trusts aforesaid and my will further is that the said ELIZABETH FOX shall be permitted to use and enjoy during her life the bed now standing in the room wherein she now sleeps together with the bedding and furniture to the same bed belonging and from and after her decease I give the same to my said daughter and I give and bequeath all the rest and residue of my personal estate whatsoever or wheresoever which shall remain after payment of my debts and funeral and testamentary expenses unto my said daughter ELIZABETH BREWERTON for her own use and benefit and I appoint her my said daughter ELIZABETH BREWERTON sole executrix of this my last will and testament and I hereby revoke all wills by me at any time heretofore made

In witness whereof I the said JOHN HIRONS have subscribed my name to the eight preceding sheets of this my last will and testament contained in nine sheets of paper and to this ninth and last sheet thereof have subscribed and set my hand and seal this eighteenth day of August in the year of our lord one thousand seven hundred and ninety eight

SEALED PUBLISHED and DECLARED by the said JOHN HIRONS as and for his last will and in the presence of us who at his request in his and in the presence of each other have subscribed our names as witnesses – ELIZABETH RILEYWILLIAM APPLETREE Junr THO. FIDKIN