Will of Thomas Doo

of Bygrave, Hertfordshire died 1813

Will dated 21st Jan 1813
Will proved 13th Aug 1813

This is the last Will and Testament of me Thomas Doo of Bygrave in the County of Hertford Esquire ffirst I desire to be buried in the Church of Bygrave aforesaid if I should happen to die at Bygrave & to be carried to the Grave by my own Men Servants to whom I direct that five shillings apiece may be paid for their trouble And if I should not die at Bygrave then I desire to be buried at the most convenient place that my Exors & Executrix shall think proper.

And whereas my Brother George Doo stands indebted to me in ffifteen hundred pounds & interest upon Bond Now I do hereby desire that my Exors will not after my decease demand of him the payment of the said Debt or any part thereof but on the contrary I direct them to deliver up the same Bond to ^my said Brother^ be cancelled immediately after my decease

And I give & devise unto my said Brother George Doo for & during the term of his natural life one annuity yearly Rent or Sum of ffifty pounds of lawful money of Great Britain free & clear of & from all Taxes Charges & apepments whatsoever parliamentary or otherwise howsoever to be paid to the said George Doo by four equal Quarterly payments that is to say on the 25th day of March the 24th day of June the 20th day of September & the 25th day of December in every year by even & equal portions at or within the South porch of the parish Church of Great Hormead in the said County of Hertford the first payment thereof to begin & be made on such of the said Days as shall first & next happen after my decease to be issuing & payable out of all that my messuage Tenement or ffarmhouse with the Outhouses Lands Grounds & Heredits thereto belonging situate in or near the parish of Great Hormead aforesaid in the occupation of Ann Judd widow

& I do hereby charge & make chargeable the same messuage ffarm lands & premises with the payment of the said annuity yearly Rent or sum of ffifty pounds to the said George Doo during his life & with such & the like remedies & powers of Distress & Entry from time to time for recovering the same in case of the non-payment thereof for the space of twenty days next after the same shall become due in manner & at the times herein before directed as are common & usual in cases of Rent Charges

And I will & expressly direct & declare that it shall not be in the power of the said George Doo to assign alienate charge or incumber the said annuity yearly Rent or sum of ffifty pounds or any part thereof nor in anywise to dispose of the same or any part thereof by any kind of anticipation whatsoever it being my will & intention that the same shall be paid into his own hands & be applied for his own sole use & support under all events and that the receipts or discharges in writing for the several payments of the said annuity year Rent or sum shall be signed with the proper hand of the said George Doo & by no other person whomsoever

And I further will & declare that if the said George Doo shall or do at any^time^ directly or indirectly sell & dispose of or in anywise assign alienate make over pledge charge or incumber the said Annuity yearly Rent or sum of ffifty pounds or any part thereof to or for the benefit of any person or persons whomsoever for any consideration intent or purpose or under any pretence or colour whatsoever then & in such case & ???? & immediately after the same shall so happen all the right title & Claim of the said George Doo of in & to the said Annuity yearly Rent or sum of fifty pounds shall cease & become absolutely forfeited & be no longer ^paid or^ payable & the said Messuage ffarm Lands & Premises shall from their effects be therefrom exonerated & discharged in the same manner as if the said George Doo was then actually dead any thing in this my Will contained to the contrary thereof in anywise notwithstanding

And I give & devise unto my Sisters ffanny Doo & Ann Doo Spinsters & to the survivor of them for & during the term of their natural lives & the life of such survivors provided they or either of them shall so long remain single & unmarried one annuity yearly Rent or Sum of sixty pounds of like lawful Money free & clear of & from all Taxes Charges & assignments whatsoever parliamentary or otherwise howsoever to be paid to my said Sisters & the survivor of them by four equal quarterly payments that is to say on the 25th day of March the 24th day of June the 29th day of September & the 25th day of December in every year by even & equal portions at or within the south porch of the parish church of Great Hormead aforesaid the first payment thereof to begin & to be made on such of the said Days as shall first & next happen after the decease of my said Brother George or after the said Annuity yearly Rent or sum of ffifty pounds hereinbefore give to him shall cease & become forfeited by any of the means aforesaid in his life time to be issuing & payable to my said Sisters & the survivor of them out of all my said Messuage ffarm Lands & premises situate at or near Great Hormead aforesaid in the occupation of the said Ann Judd

and I do hereby charge & make chargeable the same Messuage ffarm Lands & premises with the payment of the said Annuity yearly Rent or sum of sixty pounds to my said Sisters & the survivor of them during their lives & the life of such survivor if they or either of them shall so long remain single & unmarried & with such & the like remedies & powers of Distress & Entry from time to time for recovering the sums in case of non-payment thereof for the space of twenty days next after the same shall become due & in manner & at the timings hereinbefore directed as are common & usual in cases of Rent Charges but it is my will that the Marriage of my said Sisters or either of them shall have the same immediate effect upon the said last mentioned annuity yearly Rent or Sum of & the Messuage ffarm Lands & Premises hereby charged with the payment thereof as though she or they so marrying was or were actually dead And so as aforesaid charged and chargeable with & subject & liable to the payment of the said several Annuities yearly Rents or Sums of ffifty pounds & Sixty pounds to my said Brother & Sisters George Doo ffanny Doo & Ann Doo respectively in succession during their lives in manner & under the directions & conditions hereinbefore expressed

I give & devise all the said Messuage ffarm Lands & Premises situate at or near Great Hormead afores’d in the occupation of the said Ann Judd to my nephew John Cowell (son of my Brother-in-Law John Cowell of Margate in the County of Kent Esquire) & to his heirs & assigns for ever

And I give & devise all & singular other my ffreehold & copyhold Messuages Cottages Lands Tenements & Heredits whatsoever & wheresoever to my said Sisters ffanny Doo & Ann Doo in joint tenancy during their lives provided they shall so long remain single & unmarried but it is also my will that the Marriage of them or either of them shall have the same immediate effect upon this present devise and all the Messuages ^Cottages^ Lands Tenements & Heredits therein comprised as though she or they so marrying was or were actually dead And it is likewise my will that the said last mentioned ^devise^ shall be subject to this express condition that they my said sisters & the survivor of them & the Exors or Admors of such Survivor shall & do at all time during the continuance of the same devise or of the Estates & Interests of my said Sisters or either of them of & in the premises therein comprised keep all the said last mentioned premises in good & tenantable repair & in such state deliver up the same to the succeeding owner or owners thereof or pay to him her or them in Money the amount of the dilapidations immediately upon such owner or owners becoming intitled to the actual possession of the same premises on the decease or marriage of both my said Sisters And from & after the several deceases of both my said Sisters or after their Marriage which shall first happen

I give & devise all my said last mentioned ffreehold & Copyhold premises to my said nephew John Cowell & to his heirs & assigns for ever

And I give devise & bequeath to my said Brother in Law John Cowell all that Messuage or Tenement ffarm & Lands called Bygrave ffarm with the appurts which I now hold & occupy under a Lease from the Marquis of Salisbury for the residue of the term therein to come & unexpired subject to the payment of the as owed Rent & to the performance of all the Covenants conditions & agreements comprised in the said lease on the part of the Lessee

And it is my Will & desire that the said John Cowall upon his Entrance on the said ffarm shall take & purchase all my household ffurniture plate china linen cattle corn grain hay implements of husbandry & other ffarming stock property & effects of every sort which at the time of my decease may happen to be in upon or about the said Messuage & premises at a fair valution & appraisement to be made thereof by two indifferent & proper persons one of them to be chosen by the said John Cowell & the other by my said Sister ffanny Doo & Robert ffarr the elder of the parish of Kimpton in the said County of Hertford ffarmer for the purpose of ascertaining the amount thereof in a candid manner jointly & not as though they were concerned for or employed by two separate parties

And I also desire that the amount of such appraisement in money may be paid by the said John Cowell in manner following viz one half part thereof at the expiration of one year after my decease & the other half part thereof at the expiration of two years after my decease & the same to be added to the amount of my ready money Securities Stocks ffunds Debts to me owing & other personal Estates

And if my said Brother in Law John Cowell & my said Sister ffanny Doo & the said Robert ffarr my Exors & Executrix hereinafter named should find it practicable to improve my said personal Estate by any accumulation of Interest upon the same or any part thereof during the said two years I desire it may be done if it can be effected without injuring Mr Cowell

And I give to the said Robert ffarr fifty pounds for his trouble as one of my Exors to be paid to him within two years after my decease

And to my Servant Martha Triva(?) Ten pounds & my other servant Elizabeth Pinner five pounds for mourning if they shall should continue in my service until the time of my decease to be paid to them respectively for that purpose immediately after my decease

And after ^the^ payment of my ffuneral & Testamentary Expences all my just Debts & the aforesaid Legacies I desire that the clear residue & remainder of my said personal Estate may be divided into five equal parts or shares which

I do hereby give & bequeath in manner following that is to say one fifth part thereof to or for the benefit of my Sister Mary the wife of Stephen Cole of Bassingbourn in the County of Cambridge Tanner & her two Daughters under the Trusts hereinafter mentioned

One other fifth part thereof to my said Sister ffanny Doo

One other fifth part thereof to my said Sister Ann Doo

One other fifth part thereof to my Sister Elizabeth the wife of the said John Cowell

& the remaining fifth part thereof to my Nephew George Doo & my Niece ffanny Doo (Son & Daughter of my late Brother John Doo deceased) equally to be divided between them share & share alike

And I will and direct that the said severall parts or shares of my said Sisters ffanny Doo Ann Doo & Elizabeth Cowell of & in my said personal Estate shall be paid to them respectively at the end of two years after my decease And that my said Exors & Executrix shall & do at the same time place the part or share thereof by this my Will given for the benefit of my said Sister Mary Cole & her Daughters out at Interest in the Names of them my said Exors & Executrix or the Survivor of them his or her Executors or Administrators upon such Real or Government Securities or ffunds as they shall think safe & proper & that they shall from thenceforth stand possessed of or interested in such securities or ffunds upon Trust to pay all the Interest Dividends & annual produce thereof half yearly or as the same shall become due unto my said Sister Mary Cole of her assigns during her life for her separate use & benefit & upon her own receipt in writing or that of her appointee but not to be assigned or otherwise disposed of by way of anticipation & not be subject or liable to the Debts Engagements Disposal or Control of her present or any future husband & from & after the decease of my said Sister Mary Cole In Trust as to the said Securities or ffunds for her two Daughters Mary Mole & Stephana Docwra equally to be divided between them share & share & the same to be paid or transferred to them respectively as soon as conveniently may be after their said Mother’s decease

And if either of my said Nieces Mary Mole & Stephana Docwra should happen to die in the life time of their said Mother unmarried & without leaving any lawful issue then I give the share of her so dying of & in the said securities or ffunds unto the other of them my said Nieces if living or if dead then to her children if any there should be And if both my said Nieces should happen to die in the life time of their said Mother unmarried without leaving any lawful issue then I give the whole of the said securities or ffunds unto and equally amongst my said Sisters ffanny Doo Ann Doo & Elizabeth Cowell or such of them as shall be living at the time of the decease of my said Sister Mary Cole and as to the said one fifth part or share of & in the clear residue of my personal Estate which is herein before given unto & equally between my said Nephew & Niece George Doo & ffanny Doo as aforesaid I will & direct that my said Exors & Executrix shall & do place the same out at Interest in their Names on Real or Government Securities or ffunds & that the Interest Dividends & annual produce thereof during the Minorities of my said Nephew & Niece shall not be paid to them or for their use but shall from time to time when & as often as the same shall amount to a proper sum be also placed out at Interest in like manner in order that the same may accumulate for their benefit and as soon as he or she shall severally attain the age of twenty one years (but not before) I desire that he or she may then receive his or her full moiety or share of the said last mentioned Securities or ffunds & of all the said accumulated Interest thereof to & for his & her own use & benefit respectively

And if my said Nephew George Doo or my said Niece ffanny Doo should happen to die under the age of twenty one years without leaving any children or child or there being such if all of them should die under the age of 21 years without lawful issue then I give the share of him or her so dying as aforesaid of & in the said last mentioned securities or ffunds & accumulations thereof unto the survivor of them my said Nephew & Niece to be paid or transferred to such Survivor at his or her age of twenty one years and if my said Nephew & Niece George Doo & ffanny Doo shall both happen to die under the age of twenty one years without leaving any children or child or there being such if all of them should die under the age of 21 years without lawful issue then I give the whole of the said last mentioned Securities or ffunds & accumulations unto & equally amongst my said Sisters Mary Cole ffanny Doo Ann Doo & Elizabeth Cowell or such of them as shall be living at the time of the decease of the Survivor of them my said last mentioned Nephew & Niece under the age of 21 years without issue or at the time of the decease of all such issue under that age as the case may happen

But in regard to such share of the said last mentioned Money as my said sister Mary Cole may happen to become entitled to it is my Will that it shall be subject to such & the same Trusts and Contingencies & be applied in such & the same manner in every respect as is hereinbefore expressed concerning the fifth part of the clear residue of my personal Estate which is hereinbefore give for the benefit of her my said Sister Mary Cole & her two Daughters as aforesaid

And my Will further is that my said Trustees & each of them their Exors & Admors shall & may in the first place out of the respective monies which shall come to their hands by virtue of this my will deduct retain & reimburse to & for himself herself & themselves & pay to his her or their Co-trustee or Trustees all such loss and Damage sum & sums of money as they or either of them shall necessarily or reasonably sustain ^or^ expend in the execution or defence of the Trusts aforesaid And that neither of them shall be answerable or accountable for the other or others of them or for the acts receipts or payments neglects or defaults of the other or others but each of them for himself or herself & for his or her own acts receipts & payments & wilful neglect or Default only & that they shall not nor shall either of them be answerable or accountable for any more money than they he or she shall respectively actually receive nor for any loss or losses which may happen to be incurred without their her or his wilful neglect or default respectively

And I do hereby nominate & appoint my said Brother in Law John Cowell my said Sister ffanny Doo & the said Robert ffarr Executors & Executrix of this my will and I revoke all former Wills & Codicils by me heretofore made & declare this to be my last Will & Testament In witness whereof I have to each of the four first sheets of this my will set my hand & to this fifth & last sheet thereof my hand & Seal this twenty first day of January in the year of our Lord One thousand eight hundred & thirteen.

Thomas Doo Signed sealed published & declared by the said Thomas Doo the Testator as & for his last Will & Testament in the presence of us who at his request in his presence & in the presence of each other hereunto subscribed our names as

Witnesses there to James Barns Edw’s Cooch Rob’t Cooch of Baldock

Whereas my Brother George Doo may at the time of my decease stand indebted to me in other monies besides the fifteen hundred pounds mentioned in my Will Now I desire that none of these other Debts may ever be demanded of him but I hereby will & declare that if he should in any respect ever attempt to disturb my Will or controvert the Disposition I have therein & thereby made of my property or should ever set up a claim to any part of my property Real or personal in any shape whatever beyond what I have therein given to him then I do hereby revoke & make void to all intents & purposes all & every the devises & bequests orders & directions which in & by my said Will are made in his favour This is to be considered as part of my Will Witness my hand this twenty first day of January One thousand eight hundred & thirteen Thomas Doo

Witness here to James Barns Edw’d Cooch Rob’t Cooch

Whereas it is possible that my Brother George Doo may after my decease unfortunately feel disposed to continue the very improper acquaintance & connection which he has long since formed & kept up with a woman of the name of Jane Wolfe Now I do hereby will & direct that if ^at^ any time after my decease my said Brother should cohabit or personally associate with the said Jane Wolfe or should by any written letter note or verbal message correspond with her or any of her children or should ever be seen or known to be in her company or in the company of any of her children or if he should supply her or any of her children with money goods or credit or maintain support aid or assist her or any of them in anywise howsoever either directly or indirectly through the medium of any other person under any pretence or colour whatsoever or if he should ever encourage permit or suffer the said Jane Wolfe or any of her children to intrude by herself or themselves into any house or apartment wherein he may happen to be or into his company in any way manner or place whatsoever & if he shall not instantly thereupon either cause her or them to retire from his presence or quit the spot himself Then & in any such case and as soon as the same shall happen I do hereby from that moment absolutely revoke & make void the annuity yearly Rent of sum of ffifty pounds which in & by my last Will & Testament bearing Date the 21st day of January Instant I have given & devised to my said Brother during his life And I do hereby expressly direct & declare that the said annuity yearly Rent or sum of ffifty pounds shall then instantly cease & become null & void & absolutely forfeited to all intents & purposes whatsoever & the same shall from thenceforth be no longer paid or payable And my messuage ffarm Lands & Heredits which I have in & by my said Will charges with the payment of the said annuity yearly Rent or sum of ffifty pounds shall immediately thereupon become totally discharged of & from the same & all future payments thereof & the subsequent divises & limitations respecting my said messuage ffarm lands & premises & the other annuity yearly Rent or sum of money by my said Will charges thereon shall then forthwith take place in the same manner as if my said Brother George Doo was actually dead any thing in my said Will contained to the contrary thereof in anywise notwithstanding And in all other respects I do hereby ratify & confirm my said Will & a former Codicil thereto added or annexed This writing I declare is to be considered as a codicil & as part of my said Will & to which I have hereunto set my hand & seal this twenty eighth day of January 1813 Tho’s Doo Witness hereto Geo Hicks Baldock Edw’d Cooch Rob’t Cooch

Proved at London (with two codicils) 13th August 1813 before the Judge by the oaths of John Cowell Esquire ffanny Doo Spinster the sister & Robert ffarr the Exors to whom admon was granted being first sworn (by comon) duly to admos

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