TNA PROB 11/1033

Thomas Nichols 1777

In the Name of God Amen I Thomas Nichols the elder of Castle Thorp in the County of Bucks yeoman being sick and weak in Body but of sound and disposing Mind Memory and Understanding do make this my last Will and Testament in manner following that is to say ffirst all that my Messuage Tenement or dwelling House situate and being in Castle Thorpe aforesaid and now in my own occupation with all and singular the outbuildings Yards Gardens orchards Hereditaments and Appurtenances whatsoever thereunto belonging and also all those my Lands Hereridaments and appurtenances thereunto belonging containing by estimation three acres and one Rood situate lying and being in the parish of Hanslop in the said County of Bucks all which said Messuage Tenement or Dwelling House Lands and premises were given to me in and by the last Will and Testament of my Uncle Thomas Nichols late of Castle Thorpe aforesaid and also all and singular my Lands Hereditaments and Appurtenances thereunto belonging situate and being in the parish of Castle Thorpe aforesaid and which I bought and purchased of and from my Aunt Elizabeth Nichols late of Castle Thorpe aforesaid all the above mentioned Messuage Tenement or dwelling House Lands and premises with all the Hereitaments and Appurtenances thereunto belonging I give Devise and Bequeath the same unto my Son Thomas Nichols and his Assigns for and during the Term of his natural Life he or they making no waste or destruction thereupon and from and immediately after the decease of my said Son Thomas Nichols then I Give and devise all the aforesaid Messuage Tenement or Dwelling House Land Hereditaments and Appurtenances thereunto belonging unto any Woman that my said Son Thomas Nichols shall happen to intermarry with if she happen to survive him my said Son Thomas To hold to her during the Term of her naturall Life she making no Waste or destruction thereupon and from and immediately after the decease of my said Son Thomas Nichols and the decease of his Widow if he happen to leave any Then I Give and devise all the aforesaid Messuage Tenement or dwelling House Lands Hereitaments and appurtenances unto the Heirs of the Body of my said Son Thomas Nichols lawfully to be begotten and for default of such lawful Issue Then I Give and devise all the aforesaid Messuage Tenement or Dwelling House Lands Hereditaments and Appurtenances thereunto belonging unto my Son John Nichols and his Assigns for and during the term of his natural Life he making no Waste or Destruction thereupon and from and immediately after his decease then I Give and devise the same Messuage Tenement or Dwelling House Lands Hereditaments and Appurtenances thereunto belonging unto any Woman with whom my said Son John Nichols shall happen to intermarry with if she happen to survive my said son John to hold to her during the term of her natural life she making no Waste or destruction thereupon Then I Give and Devise the aforesaid Messuage Tenement or Dwelling House Lands Hereditaments and Appurtenances thereunto belonging unto the Heirs of the Body of my said John lawfully to be begotten and for default of such lawful Issue then I Give and Devise all the aforesaid Messuage Tenement or Dwelling House Lands Hereditaments and Appurtenances thereunto belonging unto my Grandson Thomas Nichols Son of my Son Richard Nichols of Cosgrove in the County of Northampton To hold to him my said Grandson Thomas Nichols his Heirs and Assigns for ever chargeable nevertheless and I do hereby charge all the aforesaid Messuage Tenement or Dwelling House Lands and Hereditaments and Appurtenances thereunto belonging with the payment of one Annuity or clear Yearly Rent charge of thirty five pounds a Year of lawful Money of Great Britain free and clear of all Taxes and Deductions whatsoever to be paid and payable to my loving wife Catherine and her Assigns for and during the Term of her Natural Life at or in her Dwelling House wherein she shall then dwell by four quarterly payments in each Year that is to say the ffeast Day of saint Michael the Archangel the Birth of our Lord Christ the Annunciation of the Blessed Virgin Mary and the Nativity of Saint John the Baptist by even and equal proportions the first payment thereof to begin and be made on such of the said Days of payment as shall first and next happen after my decease and that when and as often as the same or any part thereof shall be delivered and unpaid by the space of ten days next after any of the said Days of Payment on which the same ought to be paid as aforesaid being lawfully demanded that then and so often and at any time of times then after it shall and may be lawfull to and for my said Wife Catherine unto and upon my said Messuage Tenement or Dwelling House Lands Hereditaments and Premises chargeable therewith or into or upon any part or parts thereof in the Name of the abode to enter and distain and such distress and distresses to detain keep and dispose of as she shall think fit until she shall be fully paid and satisfied all such arrearages with all lost and Charges in and about the keeping and disposing thereof and that if the rent and Profits of the said Messuage Tenement or Dwelling House Lands Hereditaments and premises at any time or times thereafter during the Life of my said wife Catherine happen not to be sufficient to pay and discharge the said Annuity or Yearly Rent charge of thirty five pounds that then and in such case I do hereby Will order and direct my Executor hereafter named shall pay and make up all deficiencies as shall be wanting to make up the Sum of thirty five pounds and pay the same unto my said loving Wife Catherine in the manner and at the time hereinbefore mentioned for payment thereof out of my Personal Estate provided always and my Will is that in case my said Wife shall at any time or times after my decease sue for claim or demand any Dower or thirds out of or in any of my Estates whereof I may die seized that then and in such case and from thereafter the devise of the said Annuity or yearly Rent charge of thirty five pounds to my said Wife and her Assigns for her Life as aforesaid shall cease determine be void except for such Real Estate as I shall in this my Will hereinafter devise to her during her Life also all those my Lands with the Hereditaments and appurtenances thereunto belonging situate lying and being in the Parish of Castle Thorpe which I bought and purchased of William Roberts of Hanslope aforesaid And also all those my Lands with the Hereditaments and Appurtenances there unto belonging situate lying and being in the parish of Castle Thorpe which I bought and purchased of John Johnson late of Castle Thorpe aforesaid I Give and devise the same unto my said Son John Nichols for and during the term of his natural Life he making no waste or destruction thereupon and from and immediately after his decease then I Give and devise the same said Lands Hereditaments and premises with the Appurtenances unto any Woman that my said Son John Nichols shall happen at any time hereafter to intermarry with in case she happen to survive my Son John Nichols to hold to her and her assigns during the Term of her natural Life she or they making no waste or destruction thereupon and from and immediately after the decease of my said son John and the decease of his Widow if he happen to leave any then I Give and devise the same Lands Hereditament and Premises with the Appurtenances unto the Heirs of the Body of my said Son John Nichols lawfully begotten and for default of such lawful Issue of the Body of my said Son John Nichols then I Give and Devise the same Lands Hereditaments and premises with the Appurtenances unto my said Son Thomas Nichols for and during the term of his natural life he making no Waste or destruction thereupon and from and immediately after his decease then I Give and devise the same Lands Hereditaments and Premises with there Appurtenances unto any Woman that my said Son Thomas Nichols shall happen at any time to intermarry with in case she shall happen to survive my said Son Thomas Nichols To hold to her and her assigns for and during the term of her natural life she or they making no waste or destruction thereupon and from and immediately after the decease of my said Son Thomas Nichols and the decease of his Widow if he happen to leave any then I Give and Devise the same Lands Hereditaments and premises with the Appurtenances thereunto belonging unto the Heirs of the Body of my said Son Thomas Nichols lawfully to be begotten and for default of such lawfull Issue of my said Son Thomas Nichols Then I Give and Devise all the same Lands Hereditaments and premises with the Appurtenances thereunto belonging unto my said Grandson Thomas Nichols to hold to him his Heirs and Assigns for ever also all that my Messuage or Tenement with the Yards Gardens Backsides out Buildings Hereditaments and Appurtenances whatsoever thereunto belonging which was given unto me in and by the last Will and Testament of my ffather John Nichols late of Castle Thorpe aforesaid deceased which said Messuage or Tenement is now divided into three Tenements and now in the several tenures or occupations of John Harris Martha Johnson and William Rainbow their or some of their Assignee or Assigns I Give and devise the same unto my said Loving Wife Catherine for and during the Term of her natural Life and from and immediately after her decease then I Give and devise the same last mentioned Messuage or Tenement Hereitaments and Premises thereunto belonging unto my said Son Richard Nichols to hold to him his Heirs and Assigns for ever Also I Give and Devise unto my said Son John Nichols and to his Heirs and Assigns for ever all those my five Messuages or Tenements formerly used as one Tenement with all and singular the Out Buildings Yards Gardens Hereditaments and Premises with there Appurtenances thereunto belonging situate standing and being in Castle Thorpe aforesaid and now in the several Tenure or Occupation of Andrew Meadow John Newbry William Branston Sarah Smith and Elizabeth Linney their or some of their Assignees or assigns And also all that all that my Messuage or Tenement with all and singular the outbuildings Yards Gardens Orchards Hereditaments and Premises with the Appurtenances thereunto belonging situate standing and being in Castle Thorpe aforesaid and now in the Tenure or occupation of Jane Nichols her Assignee or Assigns Also I Give and Bequeath unto my said Son John Nichols the Sum of four hundred and fifty pounds of lawfull Money of Great Britain to be paid to him by my Executor hereinafter named out of my Personal Estate within twelve Calendar Months next after my decease and my Will and Meaning further is that in case my said Son John Nichols shall happen at any time before the Expiration of the said twelve Calendar Months to meet with any bargain or to fix himself in any kind of Business so as to have occasion for the said Legacy of four hundred and fifty pounds that then and in such case I do hereby Will order and Direct my Executor hereinafter named as soon as conveniently may be to raise and pay the said Sum of four hundred and fifty pounds unto my said Son John Nichols out of the Monies that I shall happen to have out at Interest upon Covenant or other Security or in any other manner to raise the said Sum of four hundred and fifty pounds as to my Executor shall seem most convenient and to pay the same as aforesaid Also I Give and Bequeath unto my Daughter Mary Johnson the Sum of fifty pounds Also I Give and Bequeath unto my Daughter Elizabeth Swannell the Sum of one hundred pounds of like lawful Money which said two last mentioned Legacies I hereby order and direct shall be paid respectively within twelve Calendar Months after my decease Also I Give and Bequeath unto my Grandaughter Mary Johnson Daughter of my said Daughter Mary Johnson the Sum of fifty pounds of like lawful Money if she attain her age of twenty one years and if she my said Grandaughter happen to depart this life before she attain her said age of twenty one Years then I Give and Bequeath the said Legacy of fifty pounds so given to her as aforesaid unto her Mother my said Daughter Mary Johnson also I Give and bequeath unto my Grandson John Barrett the sum of one hundred pounds of like lawful Money if he attain his age of twenty one years and if he happen to depart this life before he attain his said age of twenty one years then I Give and Bequeath the said Legacy of one hundred pounds unto my Executor herein after named also I Give and Bequeath unto my Grandson Thomas Swannell Son of my said Daughter Elizabeth Swannell the sum of fifty pounds if he attain his age of twenty one years and if he happen to depart this Life before he attain his age of twenty one Years then I Give and Bequeath the said Sum of fifty pounds so given to him in manner aforesaid unto his Brothers and Sisters that shall be living at the time of his decease to be equally divided amongst them share and share alike Also I Give and Bequeath unto my Grandaughter Catherine Nichols Daughter of my said Son Richard Nichols the Sum of fifty pounds of like lawfull Money to be paid to her if she attain her age of twenty one Years and if she happen to depart this Life before she attain her said age of twenty one Years then I Give and Bequeath the said Legacy of fifty pounds so given to her in manner aforesaid unto her Brothers and Sisters that shall be living at the time of her decease to be equally divided amongst them share and share alike Also all and singular my Goods Household Goods Stock Crop Monies and securities for Money Mortgages in ffee for Years Leases Bonds Notes Implements of Husbandry and all other my Personal Estate whatsoever and wheresoever and of what nature kind or sort soever the same shall be found to consist of at the time of my decease I Give and Bequeath the same unto my said Son Thomas Nichols and to his Executor Administrators and Assigns for ever he and they thereout paying all the aforesaid pecuniary Legacies all my just Debts my ffuneral Expences and charges of proving this my Will and I do hereby make nominate constitute and appoint my said Son Thomas Nichols sole Executor of this my Will and testament hereby revoking and making void all former and other Wills by me at any time heretofore made and I do declare this alone to be my last Will and Testament In Witness whereof I the said Thomas Nichols the Testator have to this my last Will contained in four Sheets of Paper to the three first Sheets set my Hand and to the last Sheet my hand and Seal this fifth day of August in the Year of our Lord one thousand seven hundred and seventy five Thomas Nichols (ss) Signed Sealed Published and declared by the said Thomas Nichols the Testator as and for his last Will and Testament in our presence and attested and subscribed in his presence and in the presence of each other by us John Bull Mark Denton Thomas Grammer

Proved 7th July 1777 by Thomas Nichols