The Will of John Prior, chair maker and hurdle maker of Hillingdon End 1731 - 1817

The Priors are a well-attested family of Windsor chair makers, rustic chair makers, hurdle makers, and shoe sellers of Hillingdon and Uxbridge, and later Cricklewood. The founder of the family businesses was John Prior (1731 - 1816). A full transcription of his will has never been published before. Throughout the will, where an abbrevation appears, it has been transcribed in full in square brackets. Thus 'Exors' appears as '[Executors]' and so on. The testator, his lawyer and lawyer's clerk were not great fans of punctuation. Sorry.  

To assist in the understanding of a long, complex and repetitive will, the individual members of the family have been colour-coded.  There are also significant groups within the will. These are: 

(i) 'my three sons'  - the three chair making and hurdle making sons, John Robert and Samuel;
(ii) 'my two sons' (Robert and Samuel), the pair of whom were 'severally' occupying premises at the time of John's death owned by him but separate from and different to the business premises occupied by John, which premises are to be offered under the will to Richard Smewins' (their their brother-in-law, and also a chair and hurdle maker - it is unclear whether these premises were a workshop or housing); and 
(iii) 'all my sons and daughters', eleven in all. John Robert and Samuel, and eight surviving daughters: Maria, Martha, Elizabeth, Jane, Mary, Sarah, Rachael Sophia, and Charlotte. 

Maria (1764-?) was married to Malcomb (?-?), whose first name and whose occupation is unknown; 
Martha (1766-1813) to Shadrick Trotman (1763-1817) a millwright;
Elizabeth (1768-1824) to Richard Smewins (?-1845) chair and hurdle maker;
Jane (1772-?1849) to James Higgs (1767-1845), chair maker; 
Mary (1774-1849) to George Nash (1770-1827), a baker and one of John's two Executors;
Sarah (1776-1851) to William Best (1777-1852), a glue maker and cement dealer whose father William Best senior was a carpenter;
Rachael Sophia (1778-1826) to Robert Austin (1779-1824), a hatter and felt maker and the other of John's two Executors; and
Charlotte (1782-?), who was unmarried. 

John junior (1761-1846), Windsor chair maker, hurdle maker, chaise maker and garden
chair maker, married Rebecca Minchener (1771-?). Robert (1780-1853) Windsor chairmaker and hurdle maker, married Ann Hall (1783-?). Samuel (1785-1863) married Louisa Phipps (1784-1862). None of their wives is separately mentioned in John's will.

Probably by clerical oversight, John's wife Martha (1740-1827), who was a retailer of shoes, is never referred to by name, only as 'my said Wife'.

One other member of the family appears in the will: Robert Prior, bricklayer of Dummer in Hampshire, under whose will of 1801 John had been left £500 as remainderman after the expiry of the life interest of Robert Prior's sister, Elizabeth.  Robert Prior's will refers to John as a kinsman and the exact nature of that kinship is as yet unclear.

A colour-coded spreadsheet analysing the effect of the clauses in the will may be found here.

The will and codicil is as follows.

In the name of God Amen I John Prior of Hillingdon End in the Parish of Hillingdon in the County of Middlesex Chairmaker being of a sound and disposing mind memory and understanding (praises be God for the same) do make publish and declare this to be my last Will and Testament in writing in manner and form following that is to say

Whereas I have advanced to my son John for his preferment in life the sum of one hundred and ffifty pounds which by agreement between me and my said son he is to repay with lawful interest after my decease to the Executors of my last Will and Testament to be disposed of as I shall by my said Will give direct or declare or that he my said son shall permit and suffer the Executors of my said will to deduct the said sum of one hundred and fifty pounds and interest out of the money which I shall give him and which he will have to receive by my said will and I have advanced to my daughters next hereafter named for their preferment in life the several sums of money following that is to say Maria the Wife of ______ Malcomb two hundred pounds Martha the Wife of Shadrick Trotman two hundred pounds Elizabeth the Wife of Richard Smewins fifty pounds Jane the Wife of James Higgs one hundred and fifty pounds Mary the Wife of George Nash one hundred and fifty pounds Sarah the Wife of William Best two hundred pounds Rachael Sophia the Wife of Robert Austin one hundred and fifty pounds and to my daughter Charlotte ninety pounds I give to my two sons-in-law the said George Nash and Robert Austin all my ready Money Money in the ffunds debts owing and securities for Money upon Trust that they the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall pay thereout all my just debts and ffuneral and Testamentary Expenses and from and after payment thereof upon Trust to pay my daughters next hereafter mentioned in several sums of Money following that is to say the said Elizabeth Smewins one hundred and fifty pounds and the said Jane Higgs fifty pounds the said Mary Nash fifty pounds the said Rachael Sophia Austin fifty pounds the said Charlotte Prior one hundred and ten pounds all which said five several sums to my said five last mentioned daughters will with what I have already given to them for their advancement in life as aforesaid be equal to what I have in my lifetime given to my said daughters Maria Malcomb Martha Trotman and Sarah Best for their preferment in life and if there shall be any money remaining from my said ready Money Money in the ffunds debts owing and securities for Money after the said five several payments aforesaid it is my Will and I do direct that the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall lay out and invest the same in their or his names or name in the purchase of Parliamentary Stocks or Public ffunds of Great Britain at Interest on Government or Real Securities in England and upon Trust that they the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall pay the Interest and Annual Produce of the said Stocks ffunds and Securities in which the said remaining Money shall be laid out and invested from time to time as the same shall become due and payable unto my said Wife for and during the Term of her natural life for her own use and benefit and upon Trust from and after the decease of my said Wife do and shall pay and apply the said Monies Stocks ffunds and Securities in which the said remaining Money shall be laid out and invested and the Interest Dividends and Annual Produce thereof to between and amongst all and every my said Sons and Daughters their [Executors] [Administrators] and Assigns equally share and share alike and in case there shall not be Money sufficient from my said ready Money Money in the ffunds debts owing and Securities for Money after payment of my just debts and ffuneral and Testamentary Expenses to pay the said five several sums hereinbefore given to my said Daughters as aforesaid I do hereby desire and direct that any deficiency thereof shall be made good and paid out of the Money which shall be received from the sale of my Messuages Lands Tenements and [Hereditaments] hereinafter given to the said George Nash and Robert Austin upon Trust to sell for the purposes hereafter mentioned also I give and bequeath unto my three sons John Robert and Samuel all my Stock in Trade whatsoever (except my Stock in the Retail Shoe Business) and all my Implements thereof it being my desire that they my said three Sons shall carry on my several Businesses of a Chairmaker and a Hurdle Maker together for their mutual benefit and advantage and it is my Will and I do hereby desire and direct that the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall have the said Stock in Trade in the two several Businesses of a Chair Maker and Hurdle Maker and the Implements thereof valued and appraised by two proper Persons of Skill and judgment not interested within one Month next after my decease and if the same shall upon such valuation and appraisement exceed in value the sum of six hundred Pounds I do hereby subject and charge my said Stock in Trade of a Chairmaker and Hurdlemaker and the Implements thereof with the payment of such sum of Money over and above the said sum of six hundred Pounds and I do give and bequeath the said over Money exceeding the said sum of six hundred Pounds upon the valuation and appraisement aforesaid unto and amongst all my said Sons and Daughters from and after the decease of my said Wife their [Executors] and [Administrators] equally share and share alike and in the mean time and until the decease of my said Wife I do direct and desire that they my said three Sons shall pay interest for the over Money at and after the rate of five Pounds per Cent per Annum to my said Wife for her life by two equal and half yearly payments the first thereof to be made and begin at the expiration of the first six Months next after my decease and I do subject and charge my said Stock in Trade of a Chairmaker and a Hurdlemaker and the Implements thereof with the payment of the said Interest to my said Wife for her life as aforesaid Provided and it is my Will and meaning that if the said valuation and appraisement of my said Stock in Trade and the Implements thereof shall fall short of and be insufficient to pay the said sum of six hundred Pounds then I do hereby subject and charge my ready Money Money in the ffunds debts owing and Securities for Money hereinbefore given to the said George Nash and Robert Austin upon the Trusts aforesaid with the payment of such sum of Money as shall be sufficient to make up such deficiency to my said three sons John Robert and Samuel to whom I do hear by give and bequeath the same accordingly anything hereinbefore contained to the contrary thereof notwithstanding also I give and bequeath unto my said Wife all my Stock in Trade in the Retail Shoe Business for her own use and benefit also I give and bequeath unto the said George Nash and Robert Austin the sum of one hundred and fifty Pounds and Interest due and owing to me from my said son John as aforesaid and I do also give and bequeath unto the said George Nash and Robert Austin the sum of one hundred Pounds due and owing to me from the said Shadrick Trotman upon his Promissory Note bearing date the day of March instant and the Interest thereof upon Trust that they the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall pay the said interest of the said to several sums of one hundred and fifty Pounds and one hundred Pounds respectively onto my said Wife for and during the term of her natural life by two equal half yearly payments the first payment thereof to be made and begin at the expiration of the said first six Months next after my decease and from and after the decease of my said Wife upon Trust to call in and receive the said two several sums with all Interest that shall be then due thereon and pay the same to between and amongst all my said Sons and Daughters [Executors] and [Administrators] equally share and share alike also I give and bequeath unto the said George Nash and Robert Austin all my Household Goods Household ffurniture Implements of Household Beds Bedding Plate China and Linen upon Trust that they the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall permit and suffer my said Wife to have and enjoy the same for her life for her own use and from and after her decease upon Trust to sell the said Household Goods Household ffurniture Implements of Household Beds Bedding Plate China and Linen by Public Auction or Private Sale for the best price then can be had or gotten for the same the Money that shall be received therefrom upon Trust to pay the same to between and amongst all my said Sons and Daughters their [Executors] and [Administrators] equally share and share alike also I give and devise unto the said George Nash and Robert Austin and their Assigns all my Messuages Lands Tenements and Hereditaments whatsoever in the Parish of Hillingdon aforesaid and elsewhere to hold the said Premises with the Appurtenances unto the said George Nash and Robert Austin and the survivor of them and his Heirs [Executors] and [Administrators] according to the nature and quality of such Estate upon Trust and to and for the use of my said Wife for and during the Term of her natural life and from and after her decease upon Trust as soon as conveniently may be either by Public Sale or Private Contract to sell and dispose of all and singular the said Messuages Lands Tenements and Hereditaments together or in parcels to the best Purchaser or Purchasers and for the best price that can be reasonably had or gotten for the same and for the facilitating such Sale or Sales I do hereby direct that the receipt and receipts of the said George Nash and Robert Austin and the survivor of them and his Heirs should be sufficient releases and discharges to such Purchaser or Purchasers for his or their purchase Money for so much thereof for which such receipt or receipts shall be given without such Purchaser or Purchasers being obliged to see the application of the said purchase Money or any part thereof and it is my Will and I do hereby direct and declare that the said George Nash and Robert Austin and the survivor of them his Heirs [Executors] and [Administrators] do and shall stand and be possessed of the Money which shall be made from the Sale last aforesaid upon Trust to pay the same to between and amongst all my said Sons and Daughters their [Executors] and [Administrators] equally share and share alike and it being my desire that my said three Sons shall carry on my said Businesses of a Chair Maker and a Hurdle Maker as aforesaid I request that my said Wife will let to them for her life all my Buildings and Yards and Premises which I now use and occupy in my Chairmaking and Hurdlemaking Businesses at such yearly Rent or sum of Money as two proper Persons not interested shall in their opinion judge the same to be worth Provided always nevertheless and it is my Will and meaning and I do hereby direct that if my said three Sons shall be minded and desirous of becoming Purchasers of the Messuages or Tenement and Premises which I now occupy and at which I carry on my several Trades or Businesses of a Chairmaker and a Hurdlemaker and they shall signify such their mind and desire to the said George Nash and Robert Austin or the survivor of them his Heirs [Executors] and [Administrators] at any time or within six Months next after the decease of my said Wife then I do desire and direct that the said George Nash and Robert Austin and the survivor of them his Heirs [Executors] and [Administrators] do and shall within two Months next after my said three Sons shall have so expressed their desire to become Purchasers as aforesaid have the Messuages or Tenement and Premises in my Occupation last aforesaid and the fee simple and Inheritance thereof valued and appraised by two indifferent Persons not interested and that the said George Nash and Robert Austin and the survivor of them and his Heirs do and shall within two Months next after such valuations and appraisement shall have been made as aforesaid will and effectually convey and assure the said premises in my occupation as aforesaid in consideration of such price or sum of Money as the same premises shall be so valued and appraised at as aforesaid to my said three Sons their Heirs [Executors] and [Administrators] according to the nature and quality of such Estate Provided also and it is my will and meaning and I do hereby direct that if my said son in law Richard Smewins or in the case of his decease his said Wife shall be minded and desirous to become the Purchaser of my Messuage or Tenement and Premises in Hillingdon End aforesaid in the several Occupations of my said two sons Robert and Samuel and the said Richard Smewins or in case of his decease his said Wife shall signify his or her mind and desire to the said George Nash and Robert Austin or  the survivor of them his Heirs [Executors] and [Administrators] at any time within six Months next after the decease of my said Wife then I so desire and direct that the said George Nash and Robert Austin or the survivor of them his Heirs [Executors] and [Administrators] do and shall within two Months next after the said Richard Smewins or in the case of his decease his said Wife shall have so expressed his or her desire as aforesaid have the said Messuage or Tenement and Premises in the Occupation of my said two Sons Robert and Samuel and the fee simple and Inheritance thereof valued and appraised by two indifferent Persons not interested and that the said George Nash and Robert Austin or the survivor of them his Heirs [Executors] and [Administrators] do and shall within two Months next after such valuation and appraisement shall have been made as aforesaid will and effectually convey and assure the said Messuage or Tenement and Premises in the occupation of my said two Sons Robert and Samuel in consideration of such price or sum of Money as the same shall be so valued and appraised at as aforesaid unto the said Richard Smewins his Heirs [Executors] and [Administrators] according to the nature or quality thereof or in case of his decease to convey and assure the said premises to his said Wife her Heirs [Executors] and [Administrators] according to the nature and quality of the said Estate also I give and bequeath unto the said George Nash and Robert Austin the sum of ffive hundred Pounds given and bequeathed to me in and by the last Will and testament of Robert Prior late of the parish of Dummer in the county of Southampton Bricklayer deceased bearing date the twenty second day of December which was in the year of our Lord one thousand eight hundred and one from and after the decease of his (the Testator’s) sister Elizabeth upon Trust that they the said George Nash and Robert Austin and the survivor of them his [Executors] and [Administrators] do and shall lay out and invest the same in their or his name or names in the purchases of Parliamentary Stocks or Public ffunds of Great Britain or at Interest on Government or Real Securities in England and upon Trust that they the said George Nash and Robert Austin and the survivor of them his [Executors] or [Administrators] do and shall pay the Interest Dividends and Annual Produce of the said Stocks ffunds and Securities in which the said ffive hundred Pounds shall be laid out and invested from time to time as the same shall become due and payable unto my said Wife for and during the Term of her natural life for her own use and benefit and upon Trust from and after the decease of my said Wife do and shall pay and apply the said Monies Stocks ffunds and Securities in which the said ffive hundred Pounds shall be laid out and invested and the Interest Dividends and Annual Produce thereof to between and amongst all and every my said Sons and Daughters their [Executors] [Administrators] and Assigns equally share and share alike and I do hereby subject and charge the several sums of Money by this my Will hereinbefore given to my said son John with the payment of the said sum of one hundred and fifty Pounds and Interest due from him my said Son to me as aforesaid as I do also subject and charge for several sums of Money by this my will hereinbefore given to the said Martha Trotman with the payment of the said sum of one hundred Pounds due and owing to me from her Husband the said Shadrick Trotman upon his said Promissory Note of Hand and Interest thereof and I do also subject the several sums of Money by this my Will hereinbefore given to my said three Sons John Robert and Samuel respectively with the payment of such sum of Money (if any) as my said Stock in Trade and the Implements thereof shall be valued and appraised that over and above the sum of six hundred Pounds as aforesaid all the rest and residue of my personal Estate not hereinbefore given and disposed of I given and bequeath to my Wife to and for her own use and benefit and I do hereby nominate constitute and appoint the said George Nash and Robert Austin Executors of this my Will and it is my Will and meaning that my said Trustees and Executors or the survivor of them his Heirs [Executors] or [Administrators] shall not be liable to answer or make good any loss or losses that shall or may happen in placing out the Trust Monies according to the directions in this my Will or in transacting any Money Affairs or otherwise relating to or concerning the execution of the Trusts mentioned in this my Will unless the same shall appear to happen by or through their wilful neglect or default and I so direct that my said Trustees and Executors and the survivor of them his Heirs [Executors] and [Administrators] shall and may pay and reimburse himself and themselves respectively out of the Money he or they shall from time to time be possessed of out of this my Will all reasonable and necessary Costs Charges and Expenses that he or they shall bear pay put unto or sustain in or about the execution of this my Will or the Trusts hereby in them reposed and Lastly I do hereby revoke and make void all former and other Will and Wills by me at any time heretofore made and do declare this to be my last Will and Testament in Witness whereof I the said John Prior the Testator have to this my last Will and Testament contained in seven sheets of paper set my hand and seal to wit my hand to the bottom of the six preceding sheets of paper in my hand and seal to this seventh of last sheet of paper the fifth day of June in the forty seventh year of the Reign of our Sovereign Lord George the third by the Grace of God of this United Kingdom of Great Britain and Ireland and in the year of our Lord Christ one thousand eight hundred and seven 

John Prior 

The Writing contained in this and the six preceding sheets of paper was signed sealed published and declared by the said Testator John Prior as and for his last Will and Testament in the presence of us who at his request and in his presence and sight and in the presence and sight of each other have subscribed our names as witnesses hereto 

Rd. Walford Attorney-at-Law Uxbridge 

Tho. Witts Walford, same 

James Davison their Clerk

Whereas I John Prior of Hillingdon End in the parish of Hillingdon in the County of Middlesex Chairmaker have made published and declared my last Will and Testament in writing bearing date the fifth day of June one thousand eight hundred and seven Now I the said John Prior do make this present Codicil which I order and direct shall be taken as and for part of my said last Will and Testament and which Will as to all and every the uses trusts devices bequests and directions therein mentioned devised given and bequeathed of and concerning my Real and Personal Estates therein mentioned I do by this Codicil establish ratify and confirm (save and except such bequests and directions therein mentioned  as are by me here after revoked made void or altered) and whereas I have by my said Will given and bequeathed unto my three sons John Robert and Samuel all my Stock in Trade whatsoever (except my Stock in the Retail Shoe Business) and all my implements thereof it being my desire that my said three Sons should carry on my said several Businesses of a Chair Maker and Hurdle Maker together for their mutual benefit and advantage as in and by the said in part revoked Will reference being thereunto had will more fully and large appear now I do hereby desire and direct upon the decease of either of my said Sons John Robert and Samuel no benefits advantage of survivorship in my said Businesses of a Chairmaker and Hurdlemaker shall accrue unto and be had or taken by the others or the other of them in anywise whatsoever But if the said John Prior Robert Prior and Samuel Prior shall depart this life having a Child Children or Widow or both him surviving and shall be minded and desirous that any or either of his said Child Children or Widow shall enter into and become a Partner with the survivors or survivor of them the said John Prior Robert Prior and Samuel Prior in the said several Businesses of a Chairmaker and Hurdlemaker and shall express and declare such his mind and desire by any Instrument or Writing under his hand to be signed in the presence of and attested by two or more Credible Witnesses or by his last Will and Testament in Writing to be signed and published in the presence of and attested by the like number of Witnesses that the survivors and survivor of my said Sons the said John Prior Robert Prior and Samuel Prior shall and will admit such Child or Children or Widow of such of them my said sons who shall have so departed this life into the said Copartnership under the same Terms Conditions and Agreements as my said Sons who shall have departed this life would have been subject and liable to had he been living but if such Child Children or Widow of my said Sons shall decline or refuse to come into the said Copartnership and shall signify the same to the survivors or survivor of my said Sons in Writing under his or her hand written within one Calendar Months next after the decease of my said Son so dying as aforesaid then the survivors and survivor of my said Sons his [Executors] and [Administrators] shall well and truly pay or cause to be paid unto the [Executors] or [Administrators] of such of my said Sons so dying one Equal third part of the joint Stock and of all such Profit Produce and increase as shall appear to be justly due and coming to such of my said Sons so dying at the time of his decease from which time the [Executors] or [Administrators] of such of my said Sons so dying shall not be entitled or liable to the profit or loss of the said several Businesses hereinbefore mentioned and that the survivors and survivor of my said Sons  their and his [Executors] and [Administrators] shall have take and enjoy to his own use and benefit the other two thirds of the said joint Stock and of all such profit produce or increase as shall appear to be justly due and coming to the survivors and survivor of my said Sons and also of all Goods Wares debts ready Money and things then within the said Copartnership without rendering an account thereof to the [Executors] or [Administrators] of my said deceased Son and I do hereby further direct that my said Sons John Robert and Samuel do and shall within one Calendar Month next after my decease enter into and become bound in and by several Bonds or obligations of usual penalties unto the others and other of them for carrying on the said several Businesses of a Chairmaker and Hurdlemaker in Copartnership together upon the terms hereinbefore particularly mentioned or in default thereof so I hereby give and bequeath the share in the said several businesses of him or them so refusing unto the others or other of my said Sons who shall be consenting to execute such Bonds In Witness whereof I have to this Codicil to my said last Will and Testament contained in two sheets of paper set my hand and seal to wit my hand to the bottom of the preceding sheet of paper the twenty sixth day of September in the year of our Lord one thousand eight hundred and fourteen.

John Prior 

The writing contained in this and the preceding sheet of paper was signed sealed and published and declared by the said John Prior the Testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence and in the presence and sight of each other have subscribed our names as witnesses thereto 

Tho. Witts Walford Uxbridge 

Saml. Breadstry & 

Benjn. Smith his Clerks 

Proved at London with a codicil 23rd May 1817 before the {Worshipful] Samuel Pearce Parson Dr. of Laws and Slr. by the Oaths of George Nash and Robert Austin the [Executors] to whom [Administration] was granted having been first sworn duly to [Administer].

Transcribed from the original in the National Archives Reference PROB-11-1592-441

© Julian Parker 2020