Daniel Wagstaff of Scalford 1842 will
National Archives PROB 11/1964/349
This is the last Will and Testament of me The Reverend Daniel Wagstaff of Scalford in the County of Leicester Clerk
I give and devise unto my Nephew The Reverend John Stoupe Wagstaffe of Little Gonerby in the Parish of Grantham in the County of Lincoln Clerk all that my freehold messuage or tenement with the yard garden orchard stable and other outbuildings thereto belonging situate standing lying and being in the Village of Scalford aforesaid wherein I now dwell and which said premises were lately purchased by me of Mr Joel Shuttlewood together with the rights members and appurtenances thereto belonging to hold the said messuage or tenement and premises with the appurtenances unto and to the only proper use and behoof of the said John Stoupe Wagstaffe his heirs and assigns for ever
I forgive the said John Stoupe Wagstaffe the principal sum of one hundred and fifty pounds which I have already lent and advanced to him and all interest which may be due to me thereon at the time of my decease and I do hereby discharge the said John Stoupe Wagstaffe his executors and administrators from payment of such principal sum and interest
I give and devise unto my Nephew William Goodwin Wagstaffe of Little Gonerby aforesaid Gentleman all that my freehold close piece or parcel of land or ground situate lying and being in Scalford aforesaid containing by estimation four acres and one rood or thereabouts but by a recent admeasurement four acres and three roods (be the same more or less) which I some time since purchased of and from Mr William Hawley and now in the tenure or occupation of Samuel Godber his undertenants or assigns together with the rights members and appurtenances thereto belonging to hold the said close piece or parcel of land or ground hereditaments and premises with the appurtenances unto and to the only proper use and behoof of the said William Goodwin Wagstaffe his heirs and assigns for ever
I give and bequeath unto the said John Stoupe Wagstaffe and William Goodwin Wagstaffe their executors administrators and assigns all my Personal Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever and whether in possession or expectancy (not hereinbefore specifically excepted) upon trust that they the said John Stoupe Wagstaffe and William Goodwin Wagstaffe or the survivor of them or the executors administrators or assigns of such survivor do and shall with all convenient speed after my decease sell dispose of and convert into money so much thereof as shall be in its nature saleable and collect get in receive and compel payment of the residue thereof and with and out of the said monies pay satisfy and discharge all my just debts funeral expenses and the costs and charges of proving and carrying into execution this my will and also the several legacies or sums of money hereinafter by me given (that is to say)
I give and bequeath unto the said John Stoupe Wagstaffe the legacy or sum of fifty pounds in addition to the debts I have hereinbefore forgiven him
I also give and bequeath unto the said William Goodwin Wagstaffe the legacy or sum of three hundred pounds and I do hereby authorize and direct the said John Stoupe Wagstaffe and William Goodwin Wagstaffe to retain the said two sums accordingly to and for their own use and benefit
I also give and bequeath unto my Niece Mary Wagstaffe (daughter of my late brother John Stoupe Wagstaffe) the legacy or sum of eight hundred pounds
I also give and bequeath unto my Nephew Goodwin Wagstaffe the legacy or sum of five hundred pounds
I also give and bequeath unto my Niece Mary Ann Wagstaffe the legacy or sum of four hundred pounds
I also give and bequeath unto my Niece Arabella the wife of The Reverend Richard Latham formerly Arabella Wagstaffe Spinster the legacy or sum of four hundred pounds
I also give and bequeath unto my Nephew Jonathan Burnham Wagstaffe Bryan the legacy or sum of one hundred pounds as a proof of my forgiveness
I also give and bequeath unto my Niece Jane Burnham Wagstaffe the wife of Godfrey Radford formerly Jane Burnham Wagstaffe Bryan Spinster the legacy or sum of six hundred pounds
I also give and bequeath unto my much respected friend Elizabeth Warner Spinster the legacy or sum of fifty pounds and I also give and bequeath unto my present Servant Ann Woodward (if she shall be in my service at the time of my decease but not otherwise) the legacy or sum of one hundred pounds beside her then current years wages
All which several legacies or sums of money I do hereby will and direct shall be paid by my executors six calendar months next after my decease or as soon after that period as circumstances will permit
And from and after full payment and satisfaction thereof I give and bequeath the residue and remainder of the said monies and personal estate unto and equally between and amongst the said John Stoupe Wagstaffe William Goodwin Wagstaffe Mary Wagstaffe and Goodwin Wagstaffe share and share alike
Provided always and I do hereby declare that my executors hereinafter named shall be charged and chargeable only for such monies as shall actually come to their or his hands by virtue of this my will nor shall the one be answerable or accountable for the other of them nor for the acts receipts neglects or defaults of the other of them but each of them for his own acts receipts neglects or defaults only and also shall and may by and out of the monies which shall come to their hands by virtue of his my will retain to and reimburse themselves and himself respectively all such costs charges damages and expenses as they or he shall or may respectively suffer expend disburse or be put to for or by reason of the trusts hereby in them reposed or otherwise relating thereto
And lastly I do hereby nominate constitute and appoint my Nephews the said John Stoupe Wagstaffe and William Goodwin Wagstaffe joint Executors in trust of this my last will and Testament and hereby revoking and making void all former and other wills by me at any time heretofore made I do declare this only to be and contain my true last will and Testament
In Witness whereof I the said Daniel Wagstaff the testator have to this my last will and testament contained in three sheets of paper set my hand and seal to wit to the two first sheets thereof my hand and to this third and last sheet thereof my hand and seal this eighth day of July in the year of our Lord one thousand eight hundred and forty
Daniel Wagstaff
Signed sealed published and declared by the above named Daniel Wagstaff the testator as and for his last will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses to the due execution thereof (the word “six” in the twenty sixth line of the second sheet hereof having been first written on an erasure which appears herein
Thomas Dixon
John Evans
Proved at London 1st June 1842 before the Worshipful John Haggard Doctor of Laws and Surrogate by the Oaths of the Revd John Stoupe Wagstaffe Clerk & William Goodwin Wagstaffe the Nephews the Executors to whom Admon was granted having been first sworn duly to administer
