The Will of Richard Dixon BOYCE
(1770-1850), Racehorse Trainer, Newmarket
This is the last Will and Testament of me Richard Dixon Boyce of Woodditton in the County of Cambridge Training Groom First I direct that all my just debts funeral and testamentary expences be fully paid and satisfied by my Executors hereinafter named with all convenient speed after my decease I give and bequeath all and every my household goods and furniture plate linen china books (except Books of Account) Pictures and every other Article of domestic use which shall be in or about my Dwellinghouse at the time of my decease unto my two daughters Elizabeth Conolly Widow and Frances the wife of William Barrow to be divided between them share and share alike I give devise and appoint All that and those my capital messuage or Mansion house stables outbuildings land and hereditaments which I now reside in and occupy and whereof is occupied by my Son Henry with the appurtenances situate lying and being in Woodditton aforesaid To the uses following that is to say To the use of my eldest Son Henry Boyce for his life without impeachment of waste and after his decease To the use of his sons successively according to their respective seniorities in tail male And for default of such issue To the use of my second son Richard Boyce for his life without impeachment of waste and after his decease To the use of his sons successively according to their respective seniorities in tail male and for default of such issue To the use of my third son William Dixon Boyce for his life without impeachment of waste and after his decease To the use of his sons successively according to their respective seniorities in tail male and for default of such issue To the use of my own right heirs for ever and for the purpose of preventing the contingent remainders hereinbefore created from being destroyed I give devise and appoint the hereditaments hereby limited to any person during the term of his natural life immediately after the determination that estate by forfeiture or otherwise during his life time unto and to the use of William Hilton of Newmarket All Saints Gentleman and John Clark of Newmarket Saint Mary Bookseller and their heirs during the life of the Tenant for life whose estate shall so determine In trust for him and by the usual means to preserve the continual remainders expectant or depending thereupon from being destroyed Provided also and I direct that if any person for the time being intitled to the actual possession or to the receipt of the rents and profits of the said hereditaments hereinbefore devised and appointed as aforesaid respectively shall be under the age of twenty one years the said William Hilton and John Clark and the survivor of them and the executors or administrators of such survivor do and shall so long as the person intitled as aforesaid shall be under the age of twenty one years enter into and receive the rents and profits of the said hereditaments and apply such part thereof as they or he shall think proper for the maintenance and education of such person or in the discretion of the said William Hilton and John Clark or the survivor of them or the executors or administrators of such survivor shall pay the same to the Guardian or Guardians of such Minor for the purpose of being so applied And I further declare that the receipts of the said William Hilton and John Clark or the survivor of them or the executors or administrators of such survivor for the rents and profits of the said hereditaments which shall be paid to them or him by virtue of the Clause lastly hereinbefore contained and also the receipts of the Guardian or Guardians for the time being of any Minor Devisee in tail to whom any sum of money shall be paid for his maintenance and education as aforesaid shall effectually discharge the persons paying the same monies respectively from all responsibility in respect of the application thereof And I give and devise All that and those my freehold messuage or tenement and hereditaments with the appurtenances situate and being in Newmarket Saint Mary in the County of Suffolk now in the occupation of Dr Robert Fyson Surgeon unto my Sons Henry Boyce and Richard Boyce their heirs and assigns but upon the trusts following that is to say Upon trust to receive and take the rents and profits of the said messuage or tenement and hereditaments last mentioned and thereout to pay the necessary expences of keeping the same in repair and insured from lo�s or damage by Fire and subject thereto do and shall pay over the same rents and profits or the residue thereof as they shall from time to time arise and be received into the proper hands of my said daughter Elizabeth Conolly to and for her sole and separate use and benefit for and during the term of her natural life independent and free from the control debts engagements or incumbrances of any future husband or unto such person or persons for such ends intents and purposes as my said daughter Elizabeth Conolly by any Note or Notes in writing to be signed by her proper hand notwithstanding any coverture shall direct or appoint (but not by way of sale Assignment charge or circumstance or other mode of anticipation) and I do declare that every receipt which shall be given by my said daughter Elizabeth Conolly alone and notwithstanding any coverture or by her appointee or appointees as aforesaid for the said last mentioned rents and profits shall be a good and sufficient discharge and good and sufficient discharges for the same and from and immediately after the decease of my said daughter Elizabeth Conolly Upon trust for the child if only one and if more than one then all the children of her my said daughter Elizabeth Conolly lawfully begotten equally to be divided between or among the same children if more than one share and share alike as tenants in common and not as joint tenants and the heirs and assigns of the same child or children respectively in fee and not in tail and in case any one or more of such children shall depart this life under the age of twenty one years without leaving any issue of his her or their body or bodies lawfully begotten living at his or her death or respective deaths then as to and concerning the original part or share of and in the said hereditaments hereinbefore limited for the benefit of the same child or children so dying and also the share or shares thereof which from time to time shall belong to or vest in or be taken by the same child or children respectively by virtue of this present provision in the nature of remainders Upon trust for the other or others of the same child or children to be equally divided between or among them if more than one share and share alike as tenants in common and not as joint tenants and his her or their heirs and assigns for ever Provided always that it shall be lawful for every person who by virtue of this my will shall be tenant for life in possession or tenant in tale male in possession of my capital messuage or mansion house land and other hereditaments first hereinbefore described and appointed and who shall have attained his or her age of twenty one years and for the said William Hilton and John Clark or the survivor of them and the executors or administrators of such survivor during the minority of any such tenant for life or in tail male and also that it shall be lawful for my said sons Henry and Richard or the survivor of them his executors or administrators with the consent in writing of my said daughter Elizabeth Conolly during her life notwithstanding any coverture and after her decease of the proper authority of the said trustees or trustee during the minority or respective minorities of her child or children as to the said messuage or tenement and hereditaments secondly hereinbefore described by and deed or instrument in writing to be sealed and delivered by him her or them and attested by one or more witness or witnesses to demise or lease all or any part or parts of the said hereditaments severally hereinbefore devised and appointed with their appurtenances to any person or persons whomsoever for any term or number of years not exceeding twenty one years in possession and not in reversion or by way of future interest and so that there be reserved and made payable in every such Lease during the continuance thereof the best and most improved yearly rent or rents that can or may be reasonably had or gotten for the same without taking any fine premium or foregift for the making thereof and under the usual restrictions And I give and devise All that and those my copyhold Cottage or Tenement and hereditaments with the appurtenances situate and being on the Mill Hill in Newmarket Saint Mary aforesaid now in the occupation of Mrs Lydia Norton unto and to the use of her son William Norton now residing with her his heirs and assigns for ever And as to all my freehold land hereditaments and premises at Fordham in the County of Cambridge now in the tenure or occupation of John Shinn and all other my freehold copyhold and leasehold estates whatsoever and wheresoever with their respective rights members and appurtenances And also as to and concerning all and every my stocks funds monies mortgages and securities for money debts goods chattels and Generally All the rest residue and remainder of my personal estate and effects whatsoever and wheresoever not by me otherwise already disposed of I give devise bequeath and appoint the same and every part thereof unto and to the use of my said sons Henry Boyce and Richard Boyce their heirs executors administrators and assigns for ever according to the different natures and qualities of the said respective estates but upon the trusts following that is to say Upon trust at such convenient period after my decease as my said Sons Henry and Richard or the survivor of them his heirs executors administrators shall in their or his discretion think fit absolutely to sell and dispose of my said real and leasehold estates hereditaments and premises last mentioned and also all such parts of my said residuary personal estate as shall be in their nature saleable either by public auction or private contract and either together or in parcels as my said trustees or trustee shall think most advantageous with liberty to buy in the same or any part thereof at any public sale and afterwards to resell the same by public auction or private contract without being answerable for any loss upon such resale and to convey assign and assure the same unto the purchaser or purchasers thereof as he she or they shall direct And upon further trust with all convenient speed after my decease to collect get in and receive the remaining part of my said residuary estate And as to the net monies to arise from such sale or sales and to be collected got in and received as aforesaid Upon trust thereout to pay or satisfy and retain all my just debts funeral and testamentary expences legacies and all expences incident to the trusts hereby created as and when the same shall become due and payable and after payment thereof As to the sum of One thousand six hundred pounds sterling part of the money arising from or comprising my residuary real and personal estate In trust for Charles Frank Boyce Ellen Eliza Boyce George Frank Boyce and Emmeline Ann Boyce the four Children of my said late deceased son Francis Boyce in equal shares as tenants in common to be vested interests in them respectively on their respectively attaining the age of twenty one years with benefit of survivorship and accrual between or amongst them in the event of any or either of them dying under that age And I direct that if any or either of them the said Charles Frank Boyce George Frank Boyce Ellen Eliza Boyce and Emmeline Ann Boyce shall be under the age of twenty one years at the time of my decease then my said trustees or trustee do and shall lay out and invest his her or their share or respective shares in the names or name of my said trustees or trustee in the Purchase of Stock in some or one of the Public funds or upon other Government or real securities at interest of and in England with full power to alter vary and change the same stocks funds and securities for or into others of the like nature or description as often as occasion shall require and do and shall apply and dispose of the dividends interest and annual proceeds of the said stocks funds and securities for and towards their maintenance and education of the same child or children during his her or their minority or respective minorities and if all of them my said four Grandchildren shall die under the age of twenty one years then the said last mentioned trust stocks funds and securities shall sink into and form part of the ultimate residue of my estate and go as the same is hereinafter disposed of And as to the sum of Five hundred pounds sterling other part of the monies arising from or composing my residuary estate Upon trust for my son Charles Boyce his executors administrators and assigns absolutely And I direct my Executors hereinafter named immediately or as soon as convenient after my decease to deliver over to my said son Charles Boyce the several Deeds Evidences and Writings now in my possession relating to a certain leasehold messuage or tenement Mansion and premises at Newmarket Saint Mary aforesaid (sometime since purchased by me for and assigned and conveyed to my said son Charles Boyce) and now in the tenure or occupation of my said son Charles Boyce the said Deeds Evidences and Writings remaining in my possession for safe custody only and as to the sum of Two thousand three hundred pounds sterling other part of the monies arising from or composing my residuary estate Upon trust for my said son Henry Boyce his executors administrators and assigns absolutely And as to the sum of One thousand two hundred pounds sterling other part of the monies arising from or composing my residuary estate Upon trust for my said son Richard Boyce his executors administrators and assigns absolutely and as to the sum of One thousand pounds sterling other part of the monies from or composing my residuary estate Upon trust for my son William Dixon Boyce his executors administrators and assigns absolutely and as to the sum of Two thousand pounds sterling other part of the monies arising from or composing part of my residuary estate Upon trust thereout to pay off the Post obit Bond which I executed on the marriage of my said daughter Frances Barrow and as to the remainder of the said sum of Two thousand pounds in trust for my said daughter Frances Barrow her executors administrators and assigns absolutely and as to the sum of one thousand and seven hundred pounds sterling other part of the monies arising from or composing my residuary estate Upon trust that my said Sons Henry Boyce and Richard Boyce or the survivor of them or the executors or administrators of such survivor do and shall as soon as convenient lay out and invest the same sum in their or his own names or name in the purchase of stock in some or one of the Public funds or upon real or Government securities at interest of and in England and do and shall of their or his own proper authority alter vary and change the same stocks funds and securities for or unto others of the like nature or description from time to time as often as occasion may require and do and shall receive and take the dividends interest and annual proceeds of the said stocks funds and securities as the same shall become due and pay over the same unto the proper hands of my said daughter Elizabeth Conolly for her sole and separate use in like manner as is hereinbefore directed respecting the rents and profits of the said freehold messuage or tenement hereditaments and premises at Newmarket Saint Mary aforesaid secondly hereinbefore devised and from and after the decease of my said daughter Elizabeth Conolly then do and shall stand possessed of and interested in the said stocks funds and securities and the dividends interest and annual proceeds thereof Upon trust for the Child if only one and if more than one then all of the children of her my said daughter Elizabeth Conolly equally to be divided between or among them share and share alike as tenants in common to be vested in him her or them when and so soon as he she or they shall attain his her or their age or respective ages of twenty one years And I do declare and direct that there shall be benefit of survivorship and also of X between or amongst the said children in the event of the death of any one or more of them without having acquired a vested interest or vested interests as aforesaid And it is my Will and I direct that it shall be lawful for the said trustees or trustee for the time being after the decease of my said daughter Elizabeth Conolly to apply and dispose of the rents and profits of my said Messuage or tenement hereditaments and premises at Newmarket Saint Mary aforesaid secondly hereinbefore devised and also the dividends interest and annual proceeds of the said sum of One thousand seven hundred pounds in for and towards the Maintenance and education of her child and children during his her or their minority or respective minorities as the said trustees or trustee shall think fit And also that it shall be lawful for the said trustee or trustees after the decease of my said daughter Elizabeth Conolly or in her lifetime with her consent in writing notwithstanding any coverture to apply and dispose of any part not exceeding one moiety or half part of the presumptive share or shares of such child or children of and in the Capital or principal of the said trust stocks funds and securities last mentioned for putting or placing such child or children to any Profession business or employment or otherwise for his her or their preferment or advancement in the World notwithstanding his her or their minority or respective minorities I give and bequeath to the said William Hilton and John Clark the sum of Ten pounds each for the trouble they may po�sibly have in the execution of the trusts hereby in them reposed And as to all the residue and remainder of the monies arising from or composing my residuary estate and which shall not be wanted or required for the purposes aforesaid In trust for all my Grandchildren the children of the said Henry Boyce William Dixon Boyce Elizabeth Conolly Frances Barrow and my late son Francis Boyce as shall be living at the time of my decease and as being a male or males shall attain the age of twenty one years or being a female or females shall attain that age or marry to be equally divided between or among them share and share alike as tenants in common with benefit of survivorship and accrual amongst them in the event of the death of any one or more of my said Grandchildren without having acquired a vested interest or vested interests in the said last mentioned trust fund And I direct that with respect to the presumptive shares of such of my said Grandchildren as shall not have acquired a vested interest therein at the time of my decease my said trustee or trustees shall lay out and invest the same in the names or name of my said trustees or trustee upon Government or real securities at interest with full power to alter vary and change such securities from time to time as aforesaid and shall apply and dispose of the dividends interest and annual proceeds thereof for and towards the maintenance and education of such of my said Grandchildren until they shall respectively take a vested interest in their said shares of the said trust funds Provided also and I hereby declare that in case either of them my said sons Henry and Richard Boyce or any trustee or trustees to be appointed under this present provision in their or either of their places or stead shall depart this life or be desirous to be discharged from the aforesaid trusts or shall go to reside beyond the Seas or shall neglect or refuse or become incapable to act in the said trusts before the same shall be fully performed or satisfied then and in any such case and when and as often as the same shall happen it shall and may be lawful to and for the surviving or continuing or last acting trustee or the executors or administrators of the surviving or last acting trustee of this my Will of their or his own proper authority or in case both of them my said sons Henry and Richard Boyce shall decline to act in the trusts of this my Will and shall renounce the same then notwithstanding any such renunciation it shall be lawful for them or such of them as shall be living at the time of my decease to nominate any fit person or persons to supply the place of the trustee or trustees respectively so dying desiring to be discharged or going to reside beyond the Seas or refusing neglecting or becoming incapable to act or renouncing as aforesaid And that immediately after every such appointment the trust estate funds monies and premises shall be conveyed assigned and transferred to and in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require and in his her or their heirs executors and administrators Upon the trusts in this my Will expressed and declared of and concerning the same or such of them as shall be then subsisting or capable of taking effect And that every such new trustee shall have and may exercise the same powers privileges and authorities as if he had been appointed a trustee by this my Will and as if his name had been inserted herein instead of the name of the Trustee hereby appointed or in or to whose place such new trustee shall come and succeed And I declare and direct that every receipt which shall be given by the trustees or trustee for the time being acting in the execution of the trusts of this my Will for any money to be received by them or him pursuant to the aforesaid trusts shall be a legal and conclusive discharge to the person or persons paying the same and fully and for ever release and exonerate the person or persons from all obligation of seeing to the application thereto and from all lien and liability by reason of the misapplication or nonapplication thereof And I nominate constitute and appoint my said sons Henry Boyce and Richard Boyce Executors of this my Will Provided also and I do hereby further declare my Will to be that they my said trustees and Executors their heirs executors or administrators shall not be chargeable with or accountable for any more of the aforesaid trust estates monies and premises than they respectively shall actually receive nor for any lo�s which shall happen of the same so as such loss happen without their respective wilful defaults and also that it shall be lawful for my said trustees and executors and their respective heirs executors and administrators in the first place out of the aforesaid respective trust estates monies and premises to deduct and reimburse themselves respectively and to pay or allow each other all such loss costs charges and expences as they shall respectively sustain or be put unto by reason of the said several trusts hereby in them reposed And lastly I do hereby revoke and make void all former and other Wills heretofore made and declare this only as my last Will and Testament In witness whereof I the said Richard Dixon Boyce the testator have to this my last Will and Testament contained in this and nine preceding sheets of paper subscribed my name to each sheet and at the end thereof this twenty seventh day of December in the year of our Lord One thousand eight hundred and forty eight - R.D. Boyce - Signed by the within named Richard Dixon Boyce 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 subscribed our names as witnesses - Robert Fyson Surgeon Newmarket - William Parr Isaacson Solr. Newmarket -
This is a Codicil to the last Will and Testament of me Richard Dixon Boyce of Woodditton in the County of Cambridge Training Groom I give and bequeath unto Arthur Venables of the City of Oxford Saddler out of my remaining residuary estate mentioned in my said Will the sum of Five hundred pounds sterling to be paid to him within six calendar months after my decease and I confirm my said Will in all other respects In witness whereof I have hereunto subscribed my name this fourteenth day of November One thousand eight hundred and forty nine - R D Boyce - Signed published and declared by the within named Richard Dixon Boyce the testator as and for a Codicil to 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 subscribed our names as witnesses - William Parr Isaacson - Francis Park -
Proved at London with a Codicil the 3rd April 1851 before the Judge by the oaths of Henry Boyce and Richard Boyce the sons the Executors to whom admon was granted having been first sworn duly to administer (by Commission).
(Note to the above: the monetary bequests in the Will and Codicil were in the sums of �1,600, �500, �2,300, �1,200, �1,000, �2,000, �1,700, and �500 respectively, giving a total of �10,800).
Footnote
This will was acquired by Geoffrey Woollard, he has kindly transcribed this will for inclusion here. If you have any information about this will please contact Geoffrey Woollard email: