This is the last will and testament of me John Caldecott, of Holbrook Grange, in the hamlet and liberty of Little Lawford, in the parish of Newbold-upon-Avon, in the county of Warwick, Esquire, as follows, viz. I give and devise unto my dear wife Ann Caldecott, in addition to the jointure which I have by our marriage settlement secured to her, and charged upon the premises hereinafter devised, as well as upon other premises in the said settlement mentioned, but which jointure I also made chargeable upon, and desire may be payable out of the other parts of my real estate in the said parish, to the intent she may have the benefit of this addition thereto, free from such charge in manner after mentioned, all that my manor or reputed manor of Little Lawford aforesaid, and my right of fishery in the river Avon there, and all that my said dwelling-house called Holbrook Grange, with the appurtenants thereto belonging; and all those grounds reputed to be within the manor or hamlet of Little Lawford aforesaid, called the Slade or Burton’s Meadows, the Great Holbrook and lodge thereon, the Holbrook Meadow, mill, close, and meadow to the same, the two barn closes, Long Plank Meadow, the Far Ox Leasowe Close, and Limekiln Close adjoining Church Close, Spring Close, and the two home closes with the appurtenances to the same belonging; and also all those my grounds, situate in Long Lawford, in the said parish of Newbold-upon-Avon, which I purchased of the heirs of Thomas Bennett deceased; and also my other ground there, now laid open thereto, called the Piece Close, (all which premises, together with other of my lands and grounds, are now in my own occupation), and also that messuage and garden, with the appurtenances, in Long Lawford, in the occupation of William Adams; and my two cottage houses and gardens with the appurtenances, in the occupation of Thomas Fletcher and Thomas Pearson; and all that my Little Close there, lately purchased of —- Robins, to the intent she my said wife may have the use and enjoyment of the rents and profits of the said premises during her life, in case she shall so long continue my widow, and shall like to make the said Grange her principal place of residence; but in case she shall prefer leaving the same and living elsewhere, then I give to her (in lieu of my said dwelling-house, lands, and premises,) during the remainder of her life and state of widowhood, an annuity or clearly rent-charge of 400l., to be payable out of my said estate, with powers of distress and entry for the recovery thereof, as it the same had been secured by a lease for years, the said annuity to be paid half-yearly, with a proportionable part thereof up to the day of the decease of my said wife, or the ceasing of her state of widowhood as aforesaid; and subject as aforesaid, I give and devise my said manor or royalty rights of fishery, manor-house, grounds and hereditaments, with my water corn mill, and all other my lands and premises within the several parishes, hamlets, or liberties of Newbold-on-Avon, Long Lawford, Little Lawford and Little Harborough, and in Rugby, Bilston, and Bretford, in the parish of Wolston, all in the said county of Warwick, to the use and upon the trusts following: viz. to the use of my nephew Charles Marriott Caldecott, youngest son of my late brother Abraham Caldecott, for his life, and, after the determination of that estate by any means in his lifetime, to the use of George Harris, of Rugby, Esq., and his heirs, during the residue of the said Charles Marriott Caldecott’s life, but in trust only for him, and to protect the contingent uses hereinafter limited; and after his decease to the use of his first and other sons, according to priority of birth, and to the heirs male of his and their respective bodies; and in default of such issue of the said Charles Marriot Caldecott, then to the use of my nephew John Thomas Caldecott (son of my late brother Samuel Caldecott), for his life, and, after the determination of that estate by any means in his lifetime to the use of the said George Harris and his heirs during the residue of the said J. T. Caldecott’s life, but in that trust only for him, and to protect the contingent uses after limited; and, after his decease, to the use of his first and other sons according to priority of birth, and to the heirs male of his and their respective bodied lawfully issuing; and, for default of such issue, I devise the same to John Acland James, eldest son of my late nephew John James, late Bishop of Calcutta, during his life; and from and after determination of that estate in his lifetime, to the said George Harris and his heirs, during his life, but in trust only as aforesaid; and, after the decease of the said J. A. James, to the heirs male of his body, and for want of such issue, then to the heirs male of the body of Thomas Caldecott, eldest son of my late brother Abraham Caldecott, and for want of such issue, then, to my own right heirs. And I devise all that my freehold estate at South Kilworth in the county of Leicester, to my said nephew John Thomas Caldecott, during his life, and after the determination of that estate by any means in his lifetime, then to the said George Harris and his heirs, during his life, but only in trust as aforesaid; and after the decease of the said John Thomas Caldecott, then to the heirs male of his body, and for want of such issue, then to the said Charles M. Caldecott, his heirs and assigns. And my will is, that none of the persons, who, under this my will, shall become tenants for life, or be possessed of any estate short of a tenancy in tail, shall be free from, but shall be subject to impeachment for waste; and that none of them shall have power to continue working any of the lime-kilns or rocks of stone on my estate, except it be for the providing a competent supply of lime for the agricultural or building purposes of my estates here or elsewhere. And my will further is, that it shall be lawful for my said nephews or great nephews, when in the actual possession of my said estates by virtue of the limitations aforesaid, to charge the same premises, or any part thereof, with an annual rent-charge of 60l., by way of jointure, for life, for any woman or women he or they may respectively marry, for every 1000l. In money or value, which he or they shall actually receive or be entitled to, by way of portions with her or them respectively, so that the entire charge so to be made be determinable at her or their death or deaths or second marriage, and do not exceed the annual sum of 400l. to each such woman or woman.”
“I also give to my executors and trustees eight of my Grand Junction Canal shares, to the intent they shall receive the same, so long as she shall continue my widow, and shall choose to make Holbrook Grange her principal place of residence, to the intent the same may be applied in the repairing and keeping in neat order and improving condition my said dwelling-house and its appurtenants, as well as the several walks and plantations belonging to it; and shall be disposable as such; and as to the residue of my personal estate, I give the same to my executors, in trust, to be by them, from time to time, as they shall think best, turned into monies for the payment of my debts and legacies, as well those given by this my will, as those which I may hereafter give by any codicil or codicils; and, subject thereto, I direct my said executors and trustees, from time to time, to lay out and invest the same, with all accumulating produce, in the purchase of other lands and hereditaments, to this parish of Newbold-on-Avon; and my will is, that all such purchased premises should be conveyed to the same use, and under the same limitations and powers, or as near thereto as the then state or circumstances will admit, as my present lands and hereditaments are limited to. And my will further is, that the interest and produce of my said personal estate, which shall, from time to time, arise and be made, before and until the said monies shall be so invested, shall be paid to the person or persons who would be entitled, under the trusts of this my will, to the rents and profits of the said lands and hereditaments, if actually purchased, as an addition thereto. And the testator appointed his wife, during her widowhood, and his nephew J. T. Caldecott and the said C. Marriott Caldecott, joint executors of his said will. In the month of Nov. 1835 the testator purchased an estate in the parish of Newbold-upon-Avon, and subsequently made a codicil to his will, dated the 16th Jan. 1836, and duly executed and attested, which, after reciting that he had “completed the purchase of the real estate of the late Thomas Norman Grazier, deceased, situate within the said parish of Newbold-upon-Avon,” and that the same had been conveyed to him in manner and subject as therein mentioned, contained the following clause:- “Now, I do hereby give and devise all my said newly-purchased estate, subject to the payment of the annuity or yearly rent-charge, and to the powers and privileges aforesaid, unto the same persons, and for the same estates and interests, and subject to the like powers, provisoes and conditions, as I have in and by my said will (subject to my said wife’s estate and interest therein) given and devised all my other real estate in the said parish of Newbold-upon-Avon, to the intent the said newly-purchased hereditaments and premises may become and be considered as an additional part of my said Newbold-upon-Avon estate, and be disposed of therewith. And my further will is, that the income, from time to time to arise and be made from the same newly-purchased estate, shall, after discharging the taxes and necessary outgoing for repairs and otherwise, be applied in the payment of the said annuity and yearly rent-charge affecting the same, so far as the said income will extend; and that all further monies which may from time to time be required for the fulfilment of my said engagement for payment thereof, shall be advanced and paid by the executors out of the profits that shall arise and be made from the residue of my personal estate.” The testator made second and third codicils to his will, which it is unnecessary to state. He afterwards made a fourth codicil to his will, dated the 23rd March, 1839, and duly executed and attested, which was as follows:- “I, John Caldecott, of Holbrook Grange, Warwickshire, do give and devise all that my little close of pasture situate in Long Lawford, in the parish of Newbold-upon-Avon, in the county of Warwick, which I now call my Chapel Close, and which I have heretofore in my will devised as part of the residue of my real estate, (but which I hereby revoke and make void), to my nephew C. Marriott Caldecott, and his heirs and assigns.”
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