Will made 26 December 1854, 1st Codicil made 8 May 1857, 2nd Codicil made 30 September 1859. Susannah Whitaker died 7 January 1862, Oath of Charlotte Field 12 February 1862, Oath of Ellen Whitaker 2 May 1862, Probated with Codicils 6 May 1862. Susannah Whitaker, neé Humphrys, was the wife of Frederick Whitaker of Bampton. One of their children Elizabeth Frederick Maria Whitaker married Cabel Roope of Oporto, and had, among others, Susanna Roope Dockery. [transcribers notes in square brackets]

Julian Rawes and Bryant Bayliffe.

This is the last Will and Testament of me Susannah Whitaker of the Manor House in Bampton in the County of Oxford, widow, made 26 December 1854 as follows.

In the first place I direct all my just debts funeral and testamentary expenses to be fully paid and discharged by my Executors hereinafter named.
I owe to my son Frederick my ten drawing room chairs worked with the family Crest and also my printed Books and the Bracket Clock in my bedroom.
I give to my daughter Catherine Sarah Newman my Gold Watch with the chain seal and appendages thereto belonging.
I give to my daughters Maria and Ellen such part of my household furniture linen glass and china as they choose to select for their own use.
I give my Wardrobe to my daughters to divide as they can agree and in case of dispute my Executors to decide.
I also direct my Executors hereinafter named to hand over to such person or persons as I shall specify in a note or memorandum, notes or memoranda to be made from time to time or at any time hereinafter by me and signed by me such articles as I shall name therein to be given to him her or them and as to the remainder of my household furniture and effects plate money securities for money and personal estate of every description and wheresoever situate at the time of my decease.

I give and bequeath the same to my brother in law Edward Frederick Whitaker of Bampton aforesaid, surgeon, and my friend Edward Bradshaw of Lew in the parish of Bampton aforesaid, Gentleman upon Trust to convert the whole thereof into money and thereout [sic] in the first place to retain to themselves £10 10s. each as a mark of my esteem then to give to my said son Frederick £500 and then to divide the residue unto and equally between my children namely Frederick Whitaker, Susannah Frederick Nielkins, Maria Whitaker, Caroline Newman, George William Whitaker, Amelia Frederick Bousfield, Catherine Sarah Newman, Ellen Whitaker and Elizabeth Frederick Maria Roupe but as to the share of my son George William I direct my said Trustees to invest the same at interest for his benefit and pay him the interest thereof during his natural life with power for them if they think proper but not otherwise to advance him from time to time all or any portion of the principal and upon his decease.

I give the principal, or the unapplied part thereof unto and equally between his children.

I give to my said Trustees all estates vested in me as a trustee or mortgage thereof upon Trust according to the equities affecting the same and I appoint the said Edward Frederick Whitaker and Edward Bradshaw Executors of this my Will hereby revoking all former and other Wills by me and at any time heretofore made by me, provided always and I hereby authorise and empower the Trustees or Trustee for the time being of this my Will to pay any debts claimed against me or against my estate upon any evidence they shall think proper to admit and to adjust settle compromise and compound all accounts reckonings transactions matters and things depending at the time of my decease between me and any other person or persons whatsoever and to accept any security real or personal for any debt or debts owing to me and to allow such time for the payment thereof as to him or them shall seem reasonable and to refer any matters in difference relating to my affairs to arbitration.

And I declare that it shall be lawful to the Trustees or trustee for the time being of this my Will to sign and give any receipt or receipts for any sum or sums of money payable to them or him under or by virtue of this my Will and that any person or persons paying to the or him any such sum or sums of money and taking their or his receipt for the sum respectively shall not afterwards be answerable or accountable for the less misapplication or nonapplication or in anywise bound or concerned to see the application of the money in the said receipts mentioned or acknowledged to have been received.

Provided always and I further declare that the powers authorities and discretions herein given to the Trustees and Executors in my Will names shall extend to the Trustees and Executors for the time being of this my Will I declare that if either of my said trustees herein named shall die in my lifetime or shall refuse to accept the trusts of my Will or in case any trustee for the time being shall die or become unable or unwilling to act the I empower and direct the surviving or continuing trustees or trustee competent to act (whether desirous of being discharged or not) or if there shall be none such then the executors administrators of the last surviving trustee by any deed in writing to appoint any person or persons in the room of such deceased refusing retiring or incompetent trustee or trustees and by force of every such appointment as aforesaid all the authorities and discretions given or expressed to be given to the deceased retiring incapacitated or discharged trustee shall be conferred upon the appointed trustee or trustees in whom either alone (or in the case may be) jointly with the surviving or continuing trustee or trustees properly shall vest or by proper assurances be vested.

Provided always and hereby I hereby further expressly declare that the said several trustees hereby appointed and to be appointed as aforesaid and each and every of them and also my executors and the heirs and the heirs executors administrators and assigns of all and each and every of them shall be charged and chargeable respectively for such moneys only as they respectively shall actually receive by virtue of the trusts hereby reposed in them notwithstanding their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the others or either of them or for involuntary losses or for any banker broker or other person in whose hands any moneys shall be deposited for safe custody nor for any loss which shall happen by or through the insufficiency or deficiency of any fund or security in or upon which any of the said trust moneys shall be invested for the time being unless the same shall arise or exist by or through their respective wilful default or neglect and also that it shall and may be lawful to and for my said trustees and executors and the trustees and executors for the time being of this my Will and their respective heirs executors and administrators with and out of the trust premises or the rents issues profits dividends interests and proceeds thereof and out of the moneys which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and also allow to his and their co-trustees and co-trustee co-executors and co-executor all such costs charges damages and expenses fees to counsel and others for advice if they deem it necessary as they or either of them shall or may suffer sustain expend disburse be at or be put unto in or about the aforesaid trusts and executorships or any of them or in relation thereto. In witness whereof I the said Susannah Whitaker the Testatrix have to this my last Will and Testament contained in four sheets of paper set my hand the day and year first before written --- Susannah Whitaker --- Signed by the Testatrix as and for her last Will and Testament in the joint presence of us present at the same time who at her request in her presence and I the presence of each other have hereunto subscribed our names as Witnesses: James Rose, Sol'r. Bampton --- Caroline Hickman --- Mary Ann Field servants to Mrs Whitaker.

1st Codicil
This is a Codicil to the last Will of me Susanna Whitaker of Bampton in the County of Oxford, widow, I give and dispose of all my gold and silver plate & plated articles, jewels, trinkets & personal ornaments to & amongst my son Frederick & several daughters. To my son Frederick a silver teapot, sugar basin& cream jug marked W & the crest, silver coffeepot , largest silver Waiter, 4 silver candlesticks, cruet stand, small silver Waiter with a crest, 6 table spoons, 6 dessert spoons, 1 gravy, 1 soup ladle all fiddle pattern. Wine strainer, 6 forks, 6 dessert do, Time piece in Dining Room.

To my daughter Susanna. Silver Liquor stand, tortoise shell tea caddy & silver spoon.
To my daughters Maria & Ellen Eight table spoons, 1 gravy, pair sugar tongs gadroon pattern, 6 dessert spoons marked M.H., 6 large forks, 6 dessert do. 6 tea spoons, 2 salt spoons, mustard spoon, small plated teapot, 2 plated candlesticks, 3 small tea spoons.
To my daughter Caroline Silver mustard pot & spoon, 4 puscect[?] salts & 4 spoons, marrow spoon, silver skewer second sized silver Waiter, 6 small tea spoon.
To my daughter Elizabeth silver teapot& stand, cream jug, sugar basin & tongs, 6 table spoon, 6 tea spoons gravy do marked M.M., a small silver Waiter, punch ladle, one old fashioned chair in drawing room.
To my daughter Amelia 6 table spoons, 6 dessert do 3 tea spoons,1 gravy do marked M.M., 2 salt spoons, 2 sauce ladles, 6 tea spoons fiddle pattern, 6 large forks, silver bottle stands, 1 chamber candle stick.
To my daughter Catherine 6 table spoons, 6 dessert do, 6 tea spoons, 1 gravy spoon, 2 sauce ladles, I trifle stand & oval glass cut dish. 3 small tea spoons, 2 plated candlesticks, 1 bedroom do, 2 bottle stands, 1 old chair in drawing room.
To my several Godchildren I give my Goddaughter Caroline Newman 1 silver butter boat. To my Goddaughter Susanna Whitaker of New Zealand 1 silver butter boat. To my Godson George Newman a small cream jug. To my Godson Cabel Roope 2 small silver salts. To my Godson Frederick Whitaker of New York I give £5 5s instead of plate. To my son George I give £20 in lieu of plate and in case of any married daughters the same to be delivered to herself & her acknowledgment for the same to be discharged to my executors. Any plate not before given to be divided between my son Frederick & five married daughters and I appoint my daughter Ellen to be an Executrix of this my Will jointly with my brother in law Mr Edward Frederick Whitaker & my friend Mr Bradshaw the executors therein named. I also give to my Executrix £10 10s.

Witness my hand this 8th May 1857 --- Susanna Whitaker --- in the presence of us present at the same time who in her presence subscribed and attest the same --- Mary Ann Field --- Charlotte Field, Servants to Mrs Whitaker.

2nd Codicil
This is a Codicil to my Will. I direct my Trustees and Executors to pay to my said son George William Whitaker his share of the residue of my estate at the same time and in the same manner as the other residuary legatees instead of investing the same as directed in my said Will. I also give to him £25 which sum is to be considered in lieu of plate and linen.

I give to my daughters Ellen all the furniture and effects in her own bedroom and in my bedroom and the Oak Parlour, the clock in the passage by her bedroom door, all my wardrobe and wearing apparel and wines and spirits and the timepiece in the dining room. Also my part share and interest if any in any reversion or reversions in money funds or securities or the proceeds of any sale of hereditaments formerly belonging to my said son George William but sold or mortgaged by him and repurchased by my late husband to hold to my said daughter Ellen for her own absolute use and benefit free from marital control.

I give to said son Frederick the whole of my drawing room furniture except as otherwise disposed of.
I revoke the first Codicil attached to the foot of my said Will and I revoke the appointment of my brother in law Edward Frederick Whitaker as trustee and executor named in my said Will and all bequests powers and authorities made to him in and in lieu thereof.
I appoint my said daughter Ellen to be trustee and Executor in his place the same as if she had been named in my said Will in his stead.
I confirm my Will in all other respects As witness my hand this 30th September 1859 --- Susanna Whitaker --- Signed by the said Testatrix as and for a Codicil to her last will and Testament in the joint presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses --- R.H.Bullen Sol'r, Bampton --- Charlotte Field, Servant to Mrs Whitaker.

In Her Majesty's court of Probate --- The District Registry at Oxford --- In the Goods of Susanna (otherwise Susannah) Whitaker deceased --- I Charlotte Field of Bampton in the County of Oxford, Domestic Servant make oath that I am one of the subscribing witnesses to the first Codicil to the last Will and Testament of the said Susanna (otherwise Susannah) Whitaker late of the Manor House in the parish of Bampton in the County of Oxford, widow, deceased, the said first Codicil being now hereunto annexed bearing date 8th May 1857 and that the said Testatrix executed the said first Codicil on the day of the date thereof by signing her name at the foot or end thereof as the same now appears thereon in the presence of me and of Mary Ann Field the other subscribed witness thereto, both of us being present at the same time and we thereupon attested and subscribed the said first Codicil in the presence of the said Testatrix --- Charlotte Field --- Sworn by the said Charlotte Field at Bampton in the County of Oxford the 12th February 1862 before me Samuel Rose A Commissioner to administer Oaths in the Chancery of England.

In Her Majesty's Court of Probate --- The District Registry of Oxford --- In the Goods of Susanna (otherwise Susannah) Whitaker deceased --- I Ellen Whitaker of the Manor House in the parish of Bampton in the County of Oxford, Spinster make Oath and say that I am one of the Executors of the last Will and Testament with two codicils thereto of Susanna (otherwise Susannah) Whitaker late of the Manor house Bampton aforesaid, widow, the said Will and Codicils being now hereunto annexed and bearing date respectively the 26th December 1854, the 8th May 1857 and the 30th September 1859. And having now carefully inspected the said Will and also perused the said Codicil bearing date the 30th September 1859 and observed the following words appearing therein that is to say " I revoke the first Codicil attached to the foot of my said Will ". I further make Oath that the Codicil so revoked and referred to as being attached to the foot of the said Will is written at the bottom of the last sheet of the said Will and is without date and that besides such last mentioned Codicil the Testatrix made and duly executed the two first above mentioned Codicils bearing date respectively the 8th May 1857 and the 30th September 1859 each of which is written on a separate sheet of paper and Probate thereof together with the said Will is now being applied for by Edward Bradshaw and me this deponent the Executor therein named --- Ellen Whitaker --- Sworn by the above named Ellen Whitaker at Bampton in the County of Oxford on the 2nd May 1865 before me James Rose a Commissioner to administer Oaths in Chancery in England.

On the 6th May 1862 the Will with two Codicils thereto of Susanna (otherwise Susannah) Whitaker late of the Manor House in the parish of Bampton in the County of Oxford, widow, deceased, who died on the 7th January 1862 at the Manor House Bampton aforesaid and proved in the District Registry attached to Her Majesty's Court of Probate at Oxford by the Oaths of Edward Bradshaw of Lew in the parish of Bampton aforesaid Gentleman, the executor named in the Will and Ellen Whitaker of Bampton Manor House aforesaid Spinster, Daughter of the Deceased the Executor named in the first and second Codicils they having been first sworn duly to administer.

Effects under £3000. No leaseholds.

Extracted by Bullen and Ravenor. Solicitors Bampton, Oxon.

It is hereby certified that the foregoing is a correct copy dated 15th May 1862.

[A separate attached sheet of paper is a repeat of the above starting "On the 6th May 1862 ----] Transcribed by Bryant G Bayliffe June 2009.

Transcribed from the original by Bryant Bayliffe, 2009