Will of John Gurdon Rebow 1799-1870

 

John Gurdon Rebow d.1870

 

Rebow Will

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This post shows the Will exactly as it was written with no attempt to break it down into paragraphs. Done in this way it shows exactly how the original document is written. As the documents are sometimes very large each line of writing in the document sometimes takes up two lines when it is transcribed in to the web site.

Summary

John Gurdon Rebow joined the Rebow family when in 1835 he married Mary Ormsby (nee. Martin Slater Rebow). who had previously been married to Sir Thomas Ormsby. He died in 1833.  Mary was the last member of the Rebow bloodline. John Gurdon took the Rebow name when he married Mary in 1835. She died in 1842 seven years after her marriage to John Gurdon. There were no children from their marriage.

John Gurdon married again in 1845 to Georgina Isabella Elanor Toler. She was twenty years younger than her husband. They had 3 children, Hector John, Georgina and Mary Louise.

John Gurdon Rebow made his will in 1845 naming his brothers Brampton and William as Executors. They were also, along with Georgina named as Guardians to any children of the marriage.

Between that date and 1870 when he died, three codicils were added to the will.

The first in 1846 was a bequest to his father.

The second Codicil in 1865, revoked the appointment of his wife Georgina as Guardian to their children, replacing her with his sister Mrs Anne Woodhouse.

The third Codicil in 1867 revoked all bequests made to his wife Georgina in his Will. He states: ‘ I hearby declare that my said will shall be read in all respects and in the same manner as if the name of my wife had not appeared in my will.

In March 1867, it is recorded that Georgina was admitted to Hayes Park, a private mental home in Middlesex. It had a change of use in 1898 and became a Nursing Home. Georgina was living there when she died in 1900.

Hector aged 23 when his father died, inherited the estate. Census records show that in 1871 he was living at Wivenhoe Park. Also there were his sisters Georgina, age 18 and Mary Louise age 13.

Will of John Gurdon Rebow d. 1870

I John Gurdon Rebow of Wivenhoe Park in  the County of Essex Esquire do hereby revoke all Wills Codicils and other Testamentary Dispositions heretofore made by me and declare this to be my last Will and Testament I give and devise all and singular the freehold Manors messuages lands undivided moieties parts shares and hereditaments of or to which I am now or shall at my death be seizes or entitled for any estate or interest whatsoever or of which I now have or at my death shall have power to dispose by Will (except what I otherwise devise or dispose of by this my Will and except the manors messuages lands undivided moieties parts shares and hereditaments granted and confirmed or expressed and intended so to be in and by an Indenture of Settlement made previously to my marriage with my wife the Right Honorable Lady Georgina Isabella Elanor Gurdon Rebow dated the first day of this instant month of December and made or expressed to be made between me of the first part my said wife then the Right Honorable Lady Georgina Isabella Toler of the second part my brother Brampton Gurdon and William Gurdon of the third part the Right Honorable Hector Earl of Norbury and John Vandeleur Stewart of the fourth part the said Brampton Gurdon and the Honorable Lawrence Parsons of the fifth part and Crofton Moore Vandeleur and my brother Philip Gurdon of the sixth part to such of the uses upon and for such of the trusts intents and purposes and with under and subject to such of the powers provisoes and declarations in and by the said Indenture of Settlement limited expressed and declared of and concerning the said freehold hereditaments and premises thereby granted and confirmed or expressed and intended so to be as shall at my death be subsisting or capable of taking effect but so as not to increase or mutiply charges and subject and without prejudice to such of the said uses trusts intents purposes powers provisoes and declarations in and by the same settlement and herein before by reference thereto limited expressed and declared and to the uses of estates which may be ?eated under or by virtue of the same powers or any of them I give and declare as well all and singular the said manors messuages lands undivided moieties parts shares and hereditaments herein before devised as all and singular the said manors messuages lands undivided moieties parts shares and hereditaments by the said Indenture of Settlement granted and confirmed or expressed and intended so to be as aforesaid to the use of the first and every other son of my body by my said wife successively according to their respective seniorities in tail general with remainder to the use of George Canning Mellish of Harcourt Buildings Inner Temple Esquire his executors administrators and assigns for the term of six hundred years to be computed from the day of my death in trust by the usual ways and means to raise for my said brother Philip Gurdon the sum of five thousand pounds for my brother Edward Gurdon the sum of five thousand pounds and for my sister Mrs Anne Wodehouse the sum of five thousand pounds with interest at four per cent per annum on the same several sums respectively from the time when the same term shall (if ever) become an estate in profession or an estate in reversion expectant only on some other term of years and to pay the same respectively to the said Philip Gurdon Edward Gurdon and Anne Wodehouse respectively or their respective executors administrators or assigns and from and after the expiration or sooner determination of the said term of six hundred years and in the mean time subject thereto and to the trusts thereof to the use of the said William Gurdon his heirs and assigns for ever And I hereby declare my Will to be that subject and without prejudice to the trusts declared thereof by the said Indenture of Settlement the said Brampton Gurdon and William Gurdon their heirs and assigns shall stand and be seized of and interested in all and singular the copyhold messuages lands tenements and hereditaments by the said Indenture of Settlement covenanted to be surrendered to the use of the said Brampton Gurdon and William Gurdon their heirs and assigns in trust for the first and every other son of my body by my said wife successively according to their respective seniorities in tail general with remainder

in trust for the said William Gurdon his heirs and assigns I give and devise all and every the copyhold and messuages lands tenements and hereditaments wheresoever situate of or to which I am now or at the time of my death shall or may be seized or entitled either at law or in equity for any devisable estate or interest or of which I now have or at my death shall have power to dispose this my Will (except what I otherwise devise or dispose of by this my Will / unto and to the use of the said Brampton Gurdon and William Gurdon their heirs and assigns according to the custom or customs of the manor or manors of which the same respectively are holden and at and under the rents fines heriots suits and services therefore respectively but and of right accustomed upon and for such trusts intents and purposes and with under and subject to such powers provisoes and declarations as shall or may as nearly correspond with and be similar to the uses trusts intents purposes powers provisoes and declarations herein before limited declared and contained of and concerning the freehold hereditaments and premises herein before devised in strict settlement by reference to my said marriage settlement and otherwise as the different tenure and quality of the premises and the Rules of Law and Equity will permit but not so as to increase or multiply charges and I hereby request that every person who under or by virtue of this my Will shall become entitled to the possession or the receipt of the rents and profits of all or any of the said hereditaments and premises herein before devised and shall not then bear and use the name and arms of Rebow shall thereupon take and use the name and arms of Rebow either alone or together with his or her family name and arms Provisoes nevertheless and I hereby declare that the above request is to be deemed simply expressive of my wish and not as a command or inpunition I give and bequeath all and singular my plate and jewels unto the said Brampton Gurdon and William Gurdon their executors administrators and assigns in trust to permit the same to go along with and be used and enjoyed so far as the Rules of Law and Equity will permit by the person who under or by virtue of my said Marriage Settlement and this my Will or either of them shall for the time being be in the actual possession of or entitled to the receipt of the rents issues and profits of the said freehold hereditaments and premises herein before devised in strict settlement yet so that the same shall not rest absolutely in any person by my said settlement or this my Will made tenant intail male or intail by purchase of the said hereditaments and premises unless such person shall attain the age of twenty one years but on the decease under that age of any such person being tenant in tail male or in tail by purchase as aforesaid shall go devolve and remain in the same manner as if they had been freeholds of inheritance and had been included in the devise in strict settlement herein before made by reference to my said marriage settlement and other wise And I direct that an Inventory shall be made of the said plate and jewels as soon as may be after my decease and that two copies shall be made of the same and that each of them shall be signed by the person for the time being entitled to the enjoyment thereof under the trusts aforesaid / if such person shall for the time being be of full age / I give and bequeath to my said wife the sum of one thousand pounds to be paid within two calendar months after my death but without interest in the mean time I give and bequeath to the Essex and Colchester Hospital the sum of one hundred pounds to be paid within twelve calendar months after my death free of legacy duty and exclusively out of that part of my personal estate which may by Law be applied to charitable purposes and I hereby declare that the receipt of the Treasurer for the time being of the said Hospital shall be a sufficient discharge for the said sum of one hundred pounds I give and bequeath all the money securities for money goods chattels rights credits and other Personal Estate whatsoever and wheresoever of or to which I am now or at the time of my death shall or may be possessed or entitled either at Law or in Equity for any estate or interest which can be bequeathed by Will or of which I now have or at my death shall have power to dispose by this my Will (except what I otherwise bequeath or dispose of by this my Will or Codicil hereto unto the said Brampton Gurdon and William Gurdon their executors administrators and assigns upon trust that they the said Brampton Gurdon and William Gurdon and the survivor of them and the executors or admin istrators of such survivors shall as soon as conveniently may be after my death call in sell dispose of and convert into money all such and so many and such part

and parts of the said money securities for money goods chattels rights credits and other personal estate as shall not consist of ready money and shall stand and be possessed of and interested in the money to arise from such calling in sale disposition and conversion into money and of and in the ready money of or to which I shall be possessed or entitled at the time of my decease upon trust that the said Brampton Gurdon and William Gurdon and the survivor of them and the executors and administrators of such survivor shall by and out of the same pay and discharge my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil hereto and the legacy duty upon the said legacy herein before given duty free and on any legacy or legacies which may by any codicil hereto be given duty free and lay out and invest the surplus or residue of the said monies in the names or name of them the said Brampton Gurdon and William Gurdon or the survivor of them or the executors or administrators of such survivor in or upon any of the Parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England Wales or Ireland and shall from time to time (if and when they or he shall think fit so to alter vary and transpose the said stocks funds and securities into or for other stocks funds or securities of the same or a like nature at their or his direction and shall stand and be possessed of and interested in the said trust monies stocks funds and securities and the interest diviends and annual produce thereof upon and for such trusts intents and purposes and with under and subject to such powers provisoes and declarations as shall or may as nearly correspond with and be similar to the uses trusts intents and purposes powers provisoes and declarations herein before limited declared and contained of and concerning the said freehold hereditaments and premises herein before devised in strict settlement by reference to my said marriage settlement and otherwise is the different nature and quality of the premises and the Rules of law and Equity will admit and so that the interest dividends and annual produce of the said trust monies stocks funds and securities may be received and taken (so far as the different nature and quality of the premises and the Rules of Law and Equity will admit/ by the person or persons who under or by virtue of this my Will shall for the time being be in the actual possession or entitled to the receipt of the rents and profits of the said hereditaments and premises herein before devised in strict settlement by reference to my said marriage settlement and otherwise but not so as to increase or multiply charges and so that the said trust monies stocks funds and securities shall not rest absolutely in any person hereby made by reference and otherwise as aforesaid tenant in tail male or tenant in tail by purchase of the said hereditaments and premises herein before devised in strict settlement by reference as aforesaid and otherwise unless such person being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry but on the decease under that age (or being a daughter under that age and unmarried) of any such persons being tenant in tail male or in tail by purchase of the same hereditaments and premises shall go devolve and remain as if the said trust monies stocks funds and securities had been freehold if inheritance and had been included in the said devise herein before contained of the same freehold hereditaments and premises herein before devised in strict settlement by reference to my said marriage settlement and otherwise provided also and I hereby declare my Will to be that the several estates and interests herein before given by reference and otherwise to my said wife and to my said sons and their issue and to my said daughters and their issue in the freehold and copyhold hereditaments monies stocks funds securities and chattels herein before devised and bequeathed and settled respectively as aforesaid and the said pecuniary legacy herein before given to my said wife shall be accepted and taken by my said wife sons daughters and issue in satisfaction and discharge of all rights of action damages claims and demands which may arise or might be recovered from my heirs executors or administrators or my estate under or by virtue of the covenants for title I have entered into in and by my said marriage settlement or otherwise by means of any annual or other sums being payable out of or charges upon all or any of the freehold or copyhold hereditaments therein comprised under the will of General Francis Slater Rebow deceased or

otherwise howsoever and that if my said wife or any of my said sons daughters or issue shall attempt to enforce or recover any such right of action damages claims or demands as aforesaid from my heirs executors or administrators or my estate or shall neglect or fail for more than one calendar month after a request in writing for that purpose by the said Brampton Gurdon and William Gurdon or the survivor of them or the executors or administrators of such survivors to execute a proper and sufficent release of all such rights of action damages claims and demands as aforesaid then and in such case every estate interest legacy and benefit hereby given to or provided for the persons so attempting or so neglecting or failing as a aforesaid shall absolutely cease determine and be void in the same manner and to the same effect as if the limitation gift or bequest of such estate interest or benefit had been altogether omitted in this my will I give devise and bequeath all the estates which at the time of my decease shall be vested in me upon any trusts or by way of mortage and of which I have power to dispose by this my Will with their rights members and appurtenances unto the said Brampton Gurdon and William Gurdon their heirs executors administrators and assigns respectively according to the nature and quality thereof respectively upon the trusts and subject to the equity of redemption which at the time of my decease shall be subsisting or capable of taking effect therein respectively but the money secured on such mortgages to be considered and taken as part of my personal estate and I do hereby nominate and appoint my said wife and the said Brampton Gurdon and William Gurdon Guardians of my infant children during their respective minorities and I do hereby nominate and appoint the said Brampton Gurdon and William Gurdon Executors of this my last Will and Testament and give to each of them who shall act in the execution of this my Will and as a trustee thereof the sum of five hundred pounds for his trouble and I hereby authorize and empower the executors or executor for the time being acting in the execution of this my Will to pay and satisfy any debts owing or claiming to be owing by or from me or my estate and any liabilities to which I or my estate may be subject upon any evidence they or he shall think proper and to accept any composition or any security real or personal for any debt or debts owing to me or my estate and to allow such time for the payment of any such debt or composition for a debt / either with or without taking security for the same /as to my said executors or executor shall seem reasonable and also to compromise and compound or subject to arbitration and adjust and settle all debts accounts transactions matters and things which shall at the time of my death be owing or claimed to be owing from me or my estate or be depending or arise between me or my said executors or executor or any other person or persons and generally to act in relation to the premises in such manner as they or he shall think expedient without being liable for any loss which may be occasioned thereby and I do hereby declare that the receipt and receipts in writing of the said Brampton Gurdon and William Gurdon and the survivors and survivor of them and the heirs executors and administrators of such survivor or of the trustees for the time being acting in the execution of the trusts of this my will for any sum or sums of money which may be paid to them or him under or by virtue of this my Will or in the execution of the trusts hereof shall be a good and effectual discharge and good and effectual discharges for the money therein respectively acknowledged to be received and shall to all intents and purposes discharge the person or persons taking such receipt or receipts his her or their heirs executors or administrators from seeing to the application or being accountable or answerable for the misapplication or nonapplication of the same or any part thereof provided always and I do hereby declare my will to be that if the said trustees hereby appointed or either of them or any future trustee or trustees to be appointed as herein after is mentioned shall die or be abroad for twelve calendar months at one time or be desirous of being discharged of and from or refuse or decline or become incapable or act in the trusts or powers hereby in them reposed or to them given as aforesaid before the said trusts or powers shall have been fully executed performed or discharged or shall have become incapable of effect then and in such case and when and so often as the same shall happen it shall be lawful for the surviving or continuing trustee or trustees for the time being (and for this purpose any trustee or trustees retiring from or declining to act in the aforesaid trusts shall if willing to act in the exercise

of this present power be considered a continuing (trustee or continuous) trustee / or for the executors or administrators of the last surviving or continuing trustee for the time being to nominate substitute or appoint one or more person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or being abroad or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and that when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid all the trust estates monies and premises which shall then be vested in the trustee or trustees so being abroad or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid either solely or jointly with the other trustee or in the surviving trustee or in the heirs executors or administrators of the surviving trustee (as the case may be) shall with all convenient speed be conveyed assigned and transferred in such manner and so as that the same shall and may be legally and effectually vested in the surviving or continuing trustee and such new and other trustee or if there shall be no continuing trustee then in such new trustee or trustees only upon the trusts herein before declared of and concerning the same trusts estates monies and premises respectively or such of the same trusts as may then be subsisting and capable of taking effect and I do hereby declare that the trustee or trustees so to be nominated substituted and appointed as aforesaid shall and may either before or after the said trust estates monies and premises shall have so vested in him or them jointly or solely as aforesaid in all things act and assist in the management carrying on and execution of all the trusts and powers aforesaid in conjunction with the other then surviving or continuing trustee if there shall be any such surviving or continuing trustee and if not then by himself or themselves as fully and effectively and shall and may have and exercise all the same power and powers authority and authorities to all intents effects constructions and purposes whatsoever as if he or they had been originally in and by this my Will nominated a trustee or trustees provided always and I do hereby declare that the said several trustees hereby nominated and appointed or to be appointed by virtue of the proviso lastly herein before contained and each and every of them and the heirs executors administrators and assigns of them each and every of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding his or 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 of them or for the acts receipts neglects or defaults of the other or others of them but each and every of them only for his and their own acts receipts neglects or defaults respectively and that any one or more of them shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise on the execution of the trusts of this my Will or any of them or that they or any of them shall not be answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through their own wilful default respectively and also that it shall be lawful for them the said trustees in this my Will named and such future trustee or trustees so to be appointed as aforesaid and every or any of them their or any of their heirs executors administrators or assigns by and out of the monies which shall count to their or his hands by virtue of the trusts aforesaid to retain to and reimburse himself and themselves respectively and also to allow to their and his co-trustee all costs charges damages and expenses which they or any of them shall or may suffer sustain expend discharge be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto In witness whereof I the said John Gurdon Rebow the testator have to this my last Will and Testament contained in eighteen sides of paper set my hand this twenty third day of December one thousand eight hundred and forty five – J Gurdon Rebow signed published and declared

by the above named John Gurdon Rebow the testator as and for his last will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – M S Davidson 38 Bloomsbury Square – I D. Holmes Clerk to Mr Davidson

This is a Codicil to the Will of me John Gurdon Rebow of Wivenhoe Park in the County of Essex Esquire I give and devise all my real estate and share or shares of real estate situate in the Parish of Cranworth in the County of Norfolk unto and to the use of my father Theophilus Thornhagh Gurdon Esquire during his natural life and from and after his decease unto and to the use of my eldest brother Brampton Gurdon and his heirs and assigns for ever In witness whereof I the said John Gurdon Rebow the testator have to this Codicil to my Will set my hand this eight day of December one thousand eight hundred and forty six – John Gurdon Rebow – signed published and declared by the above named John Gurdon Rebow the testator as and for a Codicil to his Will in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses L Parsons – J W Bowen

This is a Codicil to the Will of me John Gurdon Rebow of Wivenhoe Park in the County of Essex Esquire M.P. my said Will bearing date the twenty third day of December one thousand eight hundred and forty five Whereas by my said Will I have appointed my wife the Right Hon orable Lady Georgiana Isabella Elanor Gurdon Rebow and my brothers Brampton Gurdon Esquire and William Gurdon Esquire Guardians of my infant children during their respective minorities now I do hereby revoke the said appointment of my said wife to act as such guardian of my infant children as aforesaid and I confirm the said appointment of my brothers to act as such guardians as aforesaid And I hereby nominate and appoint my sister Mrs Anne Wodehouse of No 24 Upper Brook Street Grosvenor Square in the County of Middlesex to be Guardian jointly with my said brothers Brampton Gurdon and William Gurdon of my infant children during their respective minorities In witness whereof I the said John Gurdon Rebow the testator have to this Codicil to my last Will and Testament set my hand this twenty fourth day of October one thousand eight hundred and sixty five -J Gurdon Rebow – Signed and declared by the above named John Gurdon Rebow the testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – J G Davidson of 8 Spring Gardens London – Jno Langdon Jr his Clerk

This is a Codicil to the Will of me John Gurdon Rebow of Wivenhoe Park in the County of Essex Esquire my said Will bearing date the twenty third day of December one thousand eight hundred and forty five Whereas by my said Will I have given to my wife the Right Honorable Lady Georgina Isabella Elanor Gurdon Rebow certain bequests now I do hereby revoke all such bequests which I may have given to my said wife by my said Will and all powers and authorities which I may have vested in her by my said Will and I hereby declare that my said Will shall be read in all respects and in the same manner as if the name of my said wife had not appeared in my said Will I hereby give and bequeath to each of my servants in my service at my death and who shall have been living with me for ten years previous to my decease one years wages In witness whereof I the said John Gurdon Rebow the testator have to this Codicil to my last Codicil set my hand this thirty first day of May one thousand eight hundred and sixty seven – J Gurdon Rebow – Signed and declared by the

above named John Gurdon Rebow the testator as and for a Codicil to his last Will in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – M S Davidson 35 Spring Gardens –  Saml Bloomfield Clerk to Messrs M & F Davidson 35 Spring Gardens

On the 12th jan 1871 Admon  with the Will and three Codicils thereto annexed of the personal estate and effects of John Gurdon Rebow late of Wivenhoe Park in the County of Essex Esqre deceased who died on the 12th Octr 1870 at Wivenhoe Park aforesaid was granted to Hector John Gurdon Rebow Esq the son the tenant in tail under the Indenture of Settlement referred to in the said Will and as such the Residuary Legatee therein named he having been first sworn Brampton Gurdon and William Gurdon the Brothers the Executors and Residuary Legatees in Trust named in the said Will having renounced the Probate and Execution of the said Will and Codicils.