Transcript of will of William Feakes 1858

This is the last will and Testament of me
William Feakes of Saham Toney in the County of
Norfolk Farmer Whereby I appoint my sons in law
Thomas Rudderham of Saham Toney aforesaid Shoemaker
and William Knopwood of the same place Husbandman
Executors of this my Will I give to my Wife Martha Feakes
my household furniture linen china live and dead stock
Crops of Corn Grain Pulse and grass severed and unsevered
money and other my personal estate and effects for her own
use and benefit subject to the payment of all my just debts
(except the charges on my real estate but paying any
interest money which may be due thereon at my
decease) funeral and testamentary expenses And as to
my messuages lands tenements hereditaments and real
estate of whatever nature or tenure the same may be
situate in Saham Toney aforesaid and Ashill in
the said County or elsewhere I hereby authorize
empower and direct the said Thomas Rudderham
and William Knopwood and my son William
Newton of Saham Toney aforesaid Fowl Dealer and
the survivors or survivor of them and the heirs executors
or administrators of such survivor with all convenient
speed after my decease to sell and dispose of my said
messuages lands tenements hereditaments and estates
in Saham Toney and Ashill aforesaid or elsewhere
together or in separate lots or parcels and either
by Public Auction or Private Contract for such price
or prices as they my said Trustees or their survivors
or survivor of them or their heirs executors or
administrators of such survivor shall think
reasonable and to bargain sell or otherwise convey and
assure the same or any part or parts when sold
unto the purchaser or purchasers thereof his her or
their heirs and assigns or as he she or they shall direct
with full power to buy in the same or any part thereof
at any Auction or to rescind any contract
for the sale thereof and afterwards to resell the same without
being answerable for any loss or diminution in price by
such resale and receive and take the rents issues and profits
of all the same hereditaments and premises until such sale
or sales thereof as aforesaid shall be made and completed
and for promoting and facilitating any sale or sales by
me hereinbefore authorized to be made under the several
trusts and powers aforesaid in that behalf I hereby declare
that my said Trustees or their survivors or survivor of them
or the heirs executors or administrators of such survivor
do and shall make such contracts conveyances and
other assurances as to them or the survivor of them shall
seem meet and that no purchaser or purchasers his her or
their heirs or assigns shall be obliged or required to ascertain or
enquire into or take notice of any matter connected with
such sale or sales And I hereby also declare my will and
mind to be that my said Trustees and the survivors or
survivor of them and the heirs executors or administrators
of such survivor shall stand possessed of all the money
to arise from the sale or sales hereinbefore authorized to be
made of my said hereditaments and premises and from
the receipt of the rents issues and profits thereof as aforesaid
Upon trust after paying the costs and expences attending
the execution of the trusts of this my Will and the principal
sum or sums of money which are or may be at the
time of my decease charged or secured by way of
mortgage upon any part or parts of my said real
estate to lay out and invest the surplus money arising
from such sale or sales and receipt of the rents and profits
as aforesaid in the names or name of them my said
Trustees or the survivors or survivor of them or the
heirs executors or administrators of such survivor at
interest upon Government or real securities in England
or Wales with full powere from time to time to alter vary
and transpose the same for other funds or securities
of a similar kind And shall stand possessed of
and interested in the said dividends or interests as and
when the same shall respectively become payable upon
trust for and I hereby give and bequeath the same
unto my said Wife Martha Feakes for the term of
her natural life And from and immediately after her
decease I hereby declare that my said Trustees or the
survivors or survivor of them or the heirs executors or
adminstrators of such survivor do and shall stand
possessed of and interested in the money arising from
such sale or sales or from the receipt of the rents and
profits as aforesaid or from any investment which may
have been made under the last mentioned trusts Upon
trust for and I hereby give and bequeath the same
unto and equally to be divided between my children by my
said Wife Martha before our Marriage namely Robert
Newton Thomas Newton the said William Newton Sophia
the Wife of the said Thomas Rudderham and Eliza the
Wife of the said William Knopwood with benefit of
survivorship in case any of them depart this life
in my or my said Wifes lifetime without issue And
in case any of my said children shall die in my
lifetime or the lifetime of my said Wife leaving a child
or children living at my or my said Wifes decease
then I declare that the children and child of such of
my said children so dying as aforesaid shall have his
or her parents share of the trust money and premises
so given him or her as aforesaid And I hereby
declare that the receipt or receipts in writing of my
said Executors and Trustees or the survivors or
survivor of them or the heirs Executors or admis-
trators of such survivor shall be a good and
sufficient discharge and good and sufficient
discharges for any sum or sums of money
payable or to become payable to them or him under
any of the trusts and powers aforesaid And that the person
or persons taking such receipt or receipts shall not be in
any manner obliged or required to see to the application
or be answerable for the misapplication or nonapplication
of the money in such receipt or receipts acknowledged or
expressed to have been received or any part thereof Provided
Always and in case any of the said Trustees shall die or
be desirous of being discharged from or become incapable
to act in the execution of the trusts hereinbefore declared
or shall neglect or refuse to execute the same or go to reside
beyond the Seas before the same shall be fully executed
and performed it shall be lawful for the continuing Trustees
or Trustee by any writing under their or his hands or
hand to nominate a new Trustee or Trustees for the purpose
of supplying such vacancy or vacancies so occasioned
and thereupon the trust estates monies and premises
shall be conveyed assigned and transferred in such
manner that the same may be effectually vested in such
new and former Trustees or Trustee their heirs Executors
administrators and assigns or in such new Trustees
only their heirs executors administrators and assigns
as the case may require Upon the trusts and for the
intents and purposes hereby declared concerning the
same or such of them as shall be then capable of
taking effect and such new Trustees or Trustee so to be
appointed shall be fully competent to execute the same
trusts in all aspects as are vested in the Trustees hereby
appointed And I direct that my said Executors and Trustees
shall be responsible only for so much money as shall
come to their own respective hands notwithstanding
their or any of their giving or signing or joining
in giving or signing any receipt or receipts for the sake of conformity
and that they any or either of them shall not be
answerable for involuntary losses or for the acts
deeds or defaults of each other but only for their or his
own acts deeds or defaults And that it shall be lawful
for themselves any or either of them to reimburse
themselves and himself respectively and to allow
to their or his Co-executors and Trustees and Co-executor
and Co-trustee out of the money which shall come
to their respective hands by virtue hereof all
reasonable costs charges and expences for the trouble
and journies or otherwise which they any or either
of them may be put into or sustain in the
execution of the Trusts of this my Will or in
relation thereto over and besides their necessary
expences And I revoke all former Wills by me
made and declare this to be my last In Witness
whereof I have hereunder set my hand this third
day of July in the year of our Lord one thousand
eight hundred and forty eight
		his
	William X Feakes
		mark
Signed by the said Testator as his last Will
and Testament in the presence of us present at
the same time who at his request in his presence
and in the presence of each other have subscribed
our names as Witnesses Edw Rob Grigson
Watton Norfolk - Wm. Thompson
		A true Copy
			F B Butler
Proved on the 26th day of June 1858
by the Oath of William Knopwood the
surviving Executor

	Testator died on or about 26th May 1858

[Photocopy supplied by Christine Hird, from microfiche copy at the Norfolk Record Office]

The will of William Feakes, 1858