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| From National Archives - Transcribed by Janet Meads 2020 |
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The Will of John Harper Esquire
1778
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Burton Latimer Hall in the late 1800s. In 1760 it was
purchased by John Harper whose will is shown below
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I John Harper of Burton Latimer in the County of Northampton Esquire do make and publish this my last Will and Testament in manner and form following that is to say ffirst I direct that all my Just Debts and ffuneral Expences shall be fully paid and satisfied. I give and bequeath to Edward Palmer and James Weltden Roberts my Executors and Trustees hereinafter named the Sum of ffifty pounds a piece for their trouble in the Execution of the Trusts hereby in them reposed. Also I give and bequeath to my uncle Thomas Harper of Hoxton in the County of Middlesex the Sum of one hundred pounds for Mourning to be paid him as soon as conveniently may be after my decease And I also give devise and bequeath unto my said uncle Thomas Harper one Annuity or clear Yearly Sum of two hundred pounds free and clear of and from all Taxes Deductions or abatements whatsoever to be Issuing and payable out of and charged and Chargeable upon all and every or any my Manors Messuages Cottages Closes ffarms Lands Tenements and Hereditaments and real Estate or Estates wheresoever situate and being in Burton Latimer aforesaid: and at Watford and Lilburne in the said County of Northampton and also upon all such real Estate or Estates as I have herinafter directed to be purchased with the Monies arising out of the residue of my personal Estate and the rents of my said Real Estate in manner as herein after is mentioned and to be paid to my said uncle during the term of his natural life by two equal half yearly payments on the fifth day of January and the fifth day of July in every year the first payment out thereof to be made on such of the said days of payment as shall happen next after my decease and I do further will and direct that if the said annuity of two hundred pounds or any part thereof shall be behind and unpaid by the space of twenty days next over or after either of the said days of payment whereon the same ought to be paid as aforesaid (being first lawfully demanded that then and in such Case it shall and may be lawful to and for the said Thomas Harper into and upon my said Real Estate or Estates at Burton Latimer Watford and Lilburne aforesaid and into and upon such other real Estate or Estates as are hereinafter directed to be purchased or any of them or any part or parts thereof to enter and distrain and the distress or distresses then and there found to take load drive carry away and impound and the same in pound to detain and keep or otherwise to sell and dispose of the same as the law shall allow until as well the said annuity or yearly Rent charge of two hundred pounds and all arrears thereof as all Costs attending such Entry or Entrys distress or distresses shall be fully paid satisfied and discharged and I do further order will and direct that in case the said Annuity or Yearly Rent charge of Two hundred pounds or any part thereof shall at any time hereafter be behind or unpaid by the space of thirty days next over or after either of the said days of payment whenever the same is hereinbefore limited and appointed to be paid as aforesaid (altho no demand thereof be made) That then and in such Case it shall and may be lawful to and for my said uncle Thomas Harper or his assigns into and upon all and singular my said real Estate or Estates at Burton Latimer Watford and Lilburne aforesaid and into and upon such other real Estate or Estates so directed to be purchased as aforesaid or any or other of them or any part or parts thereof to enter and to have hold use occupy possess and enjoy the same or to receive and take the Rents Issues and Profits thereof to and for his or their own use and benefit until thereby or therewith or otherwise he or they shall be fully paid and satisfied all arrears of the said Annuity and all Losses Costs Charges Damages and Expences which he or they shall be put unto or sustain by reason or means of the Nonpayment thereof at the times hereinbefore mentioned and appointed for payment of the same and from and immediately after the decease of my said uncle Thomas Harper Then I give devise and bequeath unto Mary the present wife of my said uncle one Annuity or clear yearly rent charge of Sixty pounds free and clear of all Taxes Deductions and abatements whatsoever to be Issuing and Payable out of and charged and chargeable upon all my said real Estate and Estates at Burton Latimer Watford and Lilburne aforesaid and to be paid and payable to the said Mary Harper during the Term of her natural life by two equal half yearly payments on the fifth day of January and the fifth day of July in every year the first payment thereof to commence and begin on such of the said days as shall happen next after the decease of my said Uncle and I do hereby further order will and direct that the said Mary Harper shall have such power and liberty of Entry and distress for nonpayment of the said Annuity or yearly Rent charge of sixty pounds as hereinbefore by me given to my said Uncle for nonpayment of the said Annuity of two hundred pounds hereinbefore given and devised to him as aforesaid and from and after the decease of my said uncle Thomas Harper I also give devise and bequeath to Mary Judd the now wife of William Judd of Bishopsgate Street London Gentleman and only daughter of my said Uncle one other annuity or clear yearly rent charge or Sum of Sixty pounds free and clear of all Taxes deductions Outgoings and abatements whatsoever to be also Issuing and payable out of and charged and chargeable upon all my said real Estate or Estates at Burton Lattimer Watford and Lilburne aforesaid and to be paid and payable unto the proper hands of the said Mary Judd for and during the Term of her natural life and not to be at the disposal of or subject to the debts control or Engagements of her present or any future husband and to be paid and payable by two half yearly payments on the fifth day of January and the fifth day of July in every year the first payment thereof to commence and begin on such of the said days or times of payment as shall happen after the decease of my said uncle Thomas Harper with such powers and Liberty of Entry and distress as aforesaid for Nonpayment thereof and I do will order and direct that the receipt or receipts of the said Mary Judd signed with her proper hand shall alone Notwithstanding her Coverture, be a sufficient Discharge from time to time for payment of the said Annuity also I give devise and bequeath to my servant William Edy in case he shall be living with me at the time of my decease but not otherwise one annuity of clear yearly rent charge or Sum of Ten pounds and Ten shillings for and during the Term of his natural life free and clear of and from all taxes deductions and abatements whatsoever to be Issuing and payable out of and charged and chargeable upon all my said real Estate or Estates at Burton Latimer Watford and Lilburne aforesaid and to be paid and payable by two half yearly payments on the fifth day of January and the fifth day of July in every year the first payment to begin and be made on such of the said days of payment as shall happen next after my decease with such power and Liberty of entry and distress as aforesaid for nonpayment thereof and I also give and devise to my servant Ann Marlow in case she shall be living with me at my decease but not otherwise one other Annuity or clear yearly rent charge of Ten pounds and ten shillings for and during the Term of her natural life free and clear of and from all Taxes deductions and abasements whatsoever to be Issuing and payable out of and charges and chargeable upon all my said Real Estate or Estates as aforesaid and to be paid and payable by two half yearly payments on the fifth day of January and the fifth day of July in every year the first payment to begin and be made on such of the said days as shall happen next after my decease with such powers of Entry and distress as aforesaid for Nonpayment of the said Annuity Also I give and bequeath to Mr Thomas Harper now living with Mr Ward of Stamford in the County of Lincoln Ironmonger the Sum of five hundred pounds and to Mr John Lacey of Northampton or to the Treasurer or Treasurers for the time being of a Society who call themselves the Governors of the County Hospital at Northampton the Sum of ffifty pounds to be applied towards carrying on the Charitable designs of the said Society Also I give and bequeath to the Reverend Mr Samuel Barwick ten guineas for a Ring and any one piece of plate that the said Mr Barwick shall chuse whereof I shall die possessed and I give to the poor of the Parish of Burton Latimer aforesaid (not receiving relief from the Parish the Sum of thirty pounds to be disposed of and distributed amongst them at the discretion of my Executors hereinafter named Also I give to any future Household Servant that shall be living with me at the time of my decease Ten pounds and I give to Henry Maze of Burton Latimer aforesaid Ten pounds and to Sarah Miller of Burton Latimer widow and to William York of Burton Latimer five pounds each all which said last mentioned Legacies I will and direct shall be paid by my Executors hereinafter named within twelve Calendar Months after my decease and as to for and concerning all my said Manors Messuages Cottages Closes ffarms Lands Tenements and Hereditaments at Burton Latimer aforesaid and at Watford and Lilburne in the County of Northampton so charged and chargeable with the payment of the said several annuities or yearly Rent charges of Two hundred pounds sixty pounds and sixty pounds Ten pounds and ten shillings and Ten pounds ten shillings hereinbefore by me given and appointed to be paid upon the contingencies aforesaid and subject thereunto I give and devise the same unto Edward Palmer of Coleshill in the County of Warwick Gentleman and James Weltden Roberts of Kettering in the County of Northampton Gentleman their heirs and assigns In Trust and to and for and upon the several Uses Ends Trusts and Interests and Purposes hereinafter limited mentioned declared and appointed of and concerning the same that is to say upon Trust to receive and take the Rents Issues Profits thereof until John Harper the eldest Son of my cousin Joseph Harper late of Caldwell near Kidderminster in the County of Worcester deceased shall attain his age of twenty three years by and out of such Rents and Profits in the first place to pay and keep down the said several annuities herein before by me given to my said uncle Thomas Harper and Mary his wife and to my said Cousin Mary Judd and my said Servants William Edy and Ann Marlow as the same shall respectively become due and payable by virtue of this my will upon the Contingencies aforesaid and after payinout thereof shall and do also pay apply and dispose of such part and so much of the Rents Issues and Profits thereof not exceeding the Sum of ffifty pounds in any one year, as my said Trustees shall in their discretion think fit for and towards the maintenance and Education of the said John Harper until he shall attain his said age of twenty three years and as to the Residue of such Monies as shall happen to arise or be made by or out of the Rents and profits of my said real Estate or Estates until the said John Harper shall attain his said age of twenty three years upon this further Trust and confidence and I do hereby order will and direct my said Trustees to lay out and Use the same from time to time as the same shall amount to the Sum of Two hundred pounds in the purchase of ffreehold or Copyhold Messuages Lands Tenements or Hereditaments in the County of Northampton in case such purchase or purchases can conveniently be gotten or obtained which said Messuages Lands and Hereditaments when so purchased as aforesaid I will and direct shall be in the first place subject unto and chargeable with the payment of the said several annuities hereinbefore by me given and disposed of and subject to such Powers of Entry and Distress for nonpayment thereof respectively as aforesaid but in case no such purchase or purchases can be met with or obtained Then upon Trust to put and place the same out at Interest on some good and sufficient Real Security or Securities until one or more Convenient Purchase or Purchases can be made therewith or with some part thereof and to receive the Interest or annual product thereof from time to time as the same shall become or grow out and payable in like manner to lay out such Interest or produce as it shall amount to a Competent Sum either in such purchase or purchases as aforesaid or otherwise to place the same at Interest as hereinbefore directed to the intent that the same may be improved and accumulate from time to time for the benefit of the said John Harper untill he shall attain his said age of twenty three years and from and immediately after the said John Harper shall have attained his said age of twenty three years Then as to for and concerning as well all my said Manors Messuages Cottages Closes ffarms Lands Tenements and Hereditaments whatsoever at Burton Latimer Watford and Lilburne aforesaid and all other my real Estate whatsoever as also all such other ffreehold or Copyhold Lands Tenements or Hereditaments so to be purchased by my said Trustees as hereinbefore directed upon Trust and to and for the only sole and absolute use and benefit of the said John Harper his heirs and assigns for ever (subject Nevertheless as aforesaid and to for and upon no other use behoof of Interest or Purpose whatsoever and I do hereby order and direct my said Trustees their Heirs or Assigns to grant convey and assure all such Manors Messuages Cottages ffarms Lands Tenements and Hereditaments and real Estate or Estates whatsoever as well those whereof I shall die seized or possessed as those so by me directed to be purchased as aforesaid (if any such there be unto the said John Harper his heirs and assigns for ever and as to for and concerning all my Ready Money and Securities for Money Bonds Notes Mortgages Goods Chattels Cattle and all other my Personal Estate and Effects whatsoever and wheresoever and of what nature or kinsoever I give and bequeath the same and every part thereof to the said Edward Palmer and James Weltden Roberts upon Trust that they the said Edward Palmer and James Weltden Roberts or the Survivor of them or the Executors or Administrators of such Survivors shall and do with all convenient speed after my decease get in and receive all such Sum or Sums of Money as shall be due to me upon Bond or Mortgage from any person or persons whomsoever or which I may have out of Interest upon any public or private Security or Securities whatsoever and sell and dispose of all my said Goods Chattels Cattle and all other my personal Estate and Effects and shall and do thereout in the first part pay off and discharge all my Just Debts and my ffuneral Expences and the Legacies and bequests hereinbefore given (the said several annuities only accepted) and after payment thereof shall and do lay out the residue of such Monies arising by or out of my said personal Estate (if any) in the purchase of Messuages Lands and Hereditaments in the County of Northampton if such purchase can be gotten or obtained or otherwise to put and place the same out at Interest upon some good and sufficient real Security or Securities in such manner as hereinbefore directed of and concerning the Surplusage of the Monies arising by or out of the Rents and Profits of my said Real Estates for the only sole and absolute use and benefit of the said John Harper his Heirs and Assigns for ever upon his or their attaining such age of twenty three years provided always and my mind and will further is and I do hereby further order will and direct that in case (by means of any purchase or purchases which I may hereafter make or otherwise my Personal Estate whereof I may die possessed shall not be sufficient for the payment of all my Just Debts Legacies and ffuneral Expences that then and in such case it shall and may be lawful for and I do hereby authorize and empower my said Trustees their Heirs and Assigns to borrow and take up at Interest so much Money as shall be necessary to make good such deficiency of my said Personal Estate upon the Security of all or any part or parts of such real Estate or Estates whereof I shall die possessed my Real Estate at Burton Latimer only excepted provided also and I do hereby further order and will and direct that in case the said John Harper shall happen to depart this life before his said age of twenty three years and there shall remain in the Hands of my said Trustees and Executors any Monies arising by or out of such residue of my Personal Estate or by or out of the Rents and Profits of my said Real Estate which shall not have been laid out in such purchase or purchases or put or placed out at Interest in manner aforesaid That then and in such Case as well such Monies so remaining in the Hands of my said Trustees and Executors as also all such further Sum or Sums of Money as shall thereafter happen or arise by or from such Rents and Profits of such real Estate or Estates or the Interest or improvement of such my Personal Estate as aforesaid shall go and be applied and improved from time to time for the use and benefit of the Right Heir or Heirs at Law of the said John Harper in manner hereinbefore directed but so as no such person becoming intitled by virtue of this my will shall be entitled to the possession of such real Estate or Estates Monies or Securities for Money or other Improvements of my said Estate or Estates until he she or they shall attain the full age of Twenty three years and I do hereby Nominate constitute and appoint the said Edward Palmer and James Weltden Roberts Joint Executors of this my will and I do direct that my said Executors and Trustees or either of them shall not be answerable or accountable for the Arts Deeds Neglects or Wilful Defaults the one of them for the other of them but each of them for his own Arts Deeds Neglects and Wilful Defaults only and that it shall and may be lawful to and for my said Executors and Trustees and each of them to repay and reimburse him or themselves out of the said Trust Estate or Estates or out of the Monies that may hereafter come to his or their Hands by Virtue of this my Will all such reasonable Costs Charges and Expences whatsoever as he or they may sustain or be put in or about the Execution of the several Trusts hereby in them reposed and lastly hereby revoking and making void all former and other will and wills at any time heretofore made I do declare this present writing only contained in six sheets of paper to be and contain my last Will and Testament In witness whereof I the said John Harper the Testator have to this Will as also to a duplicate thereof each contained in six sheets of paper fixed together at the Top and Sealed with my own Coat of Arms set my Hand at the Top and bottom of each of the first five sheets thereof and to this sixth and last sheet have set my Hand and affixed my Seal this twenty third day of May in the year of our Lord one thousand seven hundred and seventy eight – John Harper published and declared by the said Testator John Harper as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our Names as witnesses thereto as we have likewise done to a duplicate of the above written will at the same time – Thos. Boone, Kettering. - John Houghton. - Richd. Smith. Clerks to Mr Roberts of Kettering.
This Will was proved at London the thirtieth day of May in the year of our Lord one thousand eight hundred before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath James Weltden Roberts the Surviving Executor named in the said Will to whom administration was granted of all and singular the Goods Chattels and Credits of the deceased having been first Sworn by Commission duly to administer |
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