Return to James Deeks *****************************************************
I found this a difficult will to translate and some words I just could not decipher – the missing works are shown on the will as ? – there was no punctuation in the will but I have tried to put in breaks to make easier reading – James Deeks b1770
This is the Last Will and Testament of James Deeks of Hundon in the County of Suffolk Farmer.
First I give and devise unto my daughter Susan all that my messuages and tenements and Farm with the houses lands and premises thereunto belonging to me, and the Wash Farm situate in the Parishes of Hundon and Clare or in any of the adjoining Parishes, all the appurtenances thereto belonging both Freehold and Copyhold and also Copyhold Cottages that I purchased of Mr Mansfield, and all the crops, farming, live and dead stock, except my flock of sheep, furniture and effects which shall belong to or be usually employed or used upon or in the said messuages, farms and premises at the time of my decease. To hold the same unto my said daughter Susan her heirs, executors, administrators and assigus respectively forever, subject nevertheless and charged and chargeable with the payment of the several said charges or yearly sums following.
Namely the sum of fifty pounds a year to my said wife Mary during her life. The sum of thirty pounds a year to my said brother John Deeks during his life, and after his decease the sum of fifteen pounds a year to his present wife if she shall survive him during her life. The said yearly sums so given to my said Wife and my said brother John, to be calculated from the day of my decease, and to be payable half yearly from that time during their respective lives, and the said yearly sums so given to the Wife of my said brother John if she shall survive him, to be calculated from the day of his decease, and to be payable half yearly from that time to his said Wife during her life.
And in the case of non payment of the aforesaid several charges or yearly sums at the times and in the manner herebefore provided for payment of the same respectively. I hereby authorise and empower the said annuitants respectively or such of them whose annuity shall for the time being be unpaid or in arrear contrary to my will, from time to time to enter unto and upon the said devised hereditaments or any part thereof, and then and there distrain for the same respectively, or for so much of the same as shall be unpaid or in arrear, and the distresses so taken to sell and dispose of in like manner in all respects, and in cases of distress for each rescued upon common ? and so from time to time to the interest that thereby the said yearly sums respectively may be fully paid and satisfied.And I give and bequeath to my daughters Charlotte and Martha all that my messuages or tenements and Farm called Swans Hall Farm, with the cottages, lands and tenement and buildings thereto belonging, both Freehold and Copyhold which I purchased of (name is missing) situate in the several parishes of Hundon and Barnardiston, and all the crops, farming, live and dead stock, except the crops of corn and hay and my flock of sheep, and effects which shall belong to or be usually employed or used upon in the said messuages farm and premises at the time of my decease, to hold the same unto my said daughters Charlotte and Martha, their heirs, executors, administrators and assigus respectively, in equal shares as tenants in common and not as joint tenants, and all the costs of my Freehold and Copyhold messuages or tenement, lands, hereditaments and premises whatsoever and wheresoever situate, belonging to me at my decease at which I can in any way dispose of by will.
I give and devise unto my son Charles Deeks his heirs and assigus forever, and I give and bequeath the Lease of the farm and lands I now occupy under Robert Everitt Esquire, and all my estate right and interest therein, and also all the crops, farming, live and dead stock, except the crops of corn and hay and flock of sheep, household furniture and effects, which shall belong to or be usually employed or used in or upon the same, at the time of my decease, unto my said son Charles, his executors and administrations, and it is my will that he shall have the option of purchasing my flock of sheep, according to a valuation to be made by two indifferent persons, one to be names by him my said son, and the other by his Co/executors hereinafter named, or by the umpire of such persons in case of their disagreement.
(No name is given to the above farm James mentions , but the census shows Charles living in Brick Wall Farm, Hundon so I am assuming this is the above farm)
And I give and bequeath the lease of the farm and lands I now occupy under Robert Hartland Baronet, called The Street Farm, and all my estate right and interest therein, and also all the crops, farming live and dead stock, furniture and effects, except the crops of corn and hay which shall be or belong to the same at the time of my decease, unto my son George Deeks his executors and administrations.
And I direct my Executors hereinafter named to invest the sum of five hundred pounds in their names upon Government or Coal Securities, with power to them and the survivor of them his Executors and Administrators, from time to time to alter and vary the same, and the interest, dividends and annual interest arising therefrom, as and when the sums shall become due and be received, to pay to or otherwise dispose of the same for the ? maintenance and Education of Mary Ann Metcalf, the illegitimate child of my son James Deeks deceased, until she shall attain the age of twenty five years or previously die, and if and when the said Mary Ann Metcalf shall attain the said age of twenty five years, I give and bequeath the said sum of five hundred pounds and the stock, funds and securities upon which the same shall be invested, unto the said Mary Ann Metcalf his executors and administrators for her own use, provided always, and it is my will that if the said Mary Ann Metcalf shall die under the said age, having lawful issue living at her decease, then from and after her decease, I give and bequeath the said monies and securities, and the annual income thereof unto and equally to be divided between such issue if more than one, if only one then to such one absolutely, and it is my will that it shall be lawful for my Executors during the minority of each such issue as last aforesaid, to pay the annual income of the share of each such issue, unto his or her father or to such other person as my Executors shall think fit, for the maintenance, education and benefit of such issue during their minority.
And I give and bequeath unto my said Wife the sum of ten pounds payable immediately after my decease.
And all the Rest and Residue of my monies, securities for money, goods, chattels, personal estate and Effects, and the monies to ? by the sale of my crops of corn and hay, and effects whatsoever belonging, the amount of the valuation to be paid by my son Charles for the flock of sheep, after and subject to the payments of my just debts, financial and testamentary expenses, I direct to be divided into four equal parts or shares. One fourth part thereof I give and bequeath unto my said son Charles. One fourth part thereof I give and bequeath unto my said daughter Charlotte. One fourth part thereof I give and bequeath unto my said daughter Martha.
And the remaining fourth part thereof I direct my Executors hereinafter named to invest upon Government or Coal Securities in their names, with full power to them and the survivor of them his executors and administrators, from time to time to alter and vary the same, and the annual income arising therefrom as and when the same shall be received, I give and bequeath unto my said son George and his assiges during his life and from and after his death, I give and bequeath the said remaining fourth part and the stocks, funds and securities upon which the same shall for the time being be invested, unto and equally to be divided between and amongst all and every child and children of my said son George living at his decease, and the issue of any deceased chuld such issue ? taking no note between them, the share to which their respective parents would have been entitled if living, and in case my son George shall be without leaving any child or issues as aforesaid, then, I give and bequeath the said remaining fourth part and the stocks, funds and securities upon which the same shall be invested unto and equally to be divided between and amongst my four other children, Susan, Charles, Charlotte and Martha, share and share alike and to their personal representatives.
And I hereby nominate, ? and appoint my said son Charles and Mr Thomas Goodchild of Clare, brother and Farmer, joint Executors of this my will, and it is my will and I do hereby declare that they respectively and their respective heirs, executors and administrations and other Trustee and Trustees, for the time being of this my will, shall be chargeable only for so much money as they or he shall respectively actually receive by virtue of this my will, not withstanding their or any of their joining in receipts for the safe conformity, and that any one of them shall not be answerable for the other, but each for his own costs, receipts, neglects and defaults only, and that they respectively shall not be accountable for any Banks, Brokers or other persons with whom or in whose hands any part of the trust monies shall be deposited or lodged, nor for any other misfortune loss or damage which may happen in the execution of any of the aforesaid trusts or powers or in relation thereto, except the same shall happen by or through their or his own wilful default or neglect respectively, and also that the said Trustee or Trustees for the time being shall ? to their respective hands by virtue of this my will, retain to and reimburse himself and themselves respectively and also allow to his and their co/trustee and co/trustees all loses, costs, damaged and expenses which they shall respectively sustain, or be put into or which shall be to them or any of their ? in or about the execution or by reason or in consequence of the trusts hereby in their hands. And I revoke all former wills by me made and declared, this to be my Last Will and Testament. In witness whereof, I the said James Deeks the Testator, have to this my Last Will and Testament contained in four sheets of paper, set my hand and seal that is to say my hand to the first three sheets and my seal to this fourth and last sheet, this twenty first day of December in the year of our Lord one thousand eight hundred and thirty seven. James Deeks Signed sealed published and declared by the said James Deeks the Testator as and for his Last Will and Testament, in the presence of us who at his request in his presence and in the presence of each other, subscribed our names as witnesses hereto the several alterations respecting the crops of corn and hay having first been made.
Harry Wayman, Charles Wayman, George Clark.
Proved – at London the 13th April 1839 before the Judge by the oaths of Charles Deeks the son and Thomas Goodchild the Executors to whom ? was granted having been first sworn by court duly to administer.