I Francis Slater Rebow of Wivenhoe Park
near Colchester in the County of Essex Esquire & General in Her
Majesty’s Service do hereby revoke all wills codicil and other testa
mentary dispositions made by me heretofore and declare this to be
my last will and testament I desire that my funeral may be respe
tavly conducted but without pump or ostenation I give and devise
limit and appoint all and every the manors messuages lands tene
ments and hereditaments and real estate wheresoever situate and
of what nature or tenure soever of or to which I am now or at
the time of my death shall or may be devised or entitled either at
law or in equity for any devisable estate or interest or of which
I now have power to dispose by will either under and by vir
tue of any indenture bearing date the twenty fifth day of July one
thousand eight hundred and thirty five and made or expressed to be
made between me the said Francis Slater Rebow of the first
part my late dear daughter Dame Mary Martin Ormsby Rebow
of the second part John Gurdon Rebow (then John Gurdon) of the
third part the Right Honorable Henry Williams Poulett Lord
Bayning of the fourth part and John William Egerton Green and
William Gurdon of the fifth part (being a settlement made provided
to and in consideration of the marriage then intended and shortly
afterwards had solemised between the said John Gurdon
Rebow and Dame Mary Martin Ormsby Roberts or by any other
means whatsoever (except what I otherwise dispose of by this my will
or any Codil hereto to the uses following) that is to say to the use and
intent that my sister Jane Foxlow in addition to the legacy hereinafter
given to her may during her life receive out of the rents and profits of
the said hereditaments and premises the yearly sum of three hundred
pounds to be payable quarterly free from all deductions except legacy
duty and income tax and the first of such quarterly payments to be made
at the end of three calendar months from the day of my death if my said
sister shall then be living and to the further use and intent that my said
sister may have and exercise such powers of distress and entry for compel
ling payment of the same yearly sum and of all costs and expenses relating
thereto as are usually given in such cases or are incident to rents reserved
by lease or tenure demise and subject and charged as aforesaid unto and
to the use of the said John Gurdon Rebow his heirs and assigns forever
I give and bequeath direct limit and appoint all and singular the monies
stocks funds and securities goods chattels and 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 may be disposed of by will either
under or by virtue of the said indenture of the twenty fifth day of July
one thousand eight hundred and thirty five or by any other means what
soever (including particularly the moiety which under or by virtue of
the said indenture of the twenty fifth day of July one thousand eight
hundred and thirty five I have power to appoint of the monies produced
by the sale of the lighthouses in the said indenture mentioned and the
stocks funds and securities in or upon which the same have been inves
ted but except what I otherwise dispose of by this my will or any Codical
thereto unto the said John Gurdon Rebow absolutely subject never-
theless to the payment of my funeral and testamentary expences and
debts and the legacies given by this my Will or any Codical hereto
and of the annuity hereinafter bequeathed and of any annuities which
may be bequeathed by any Codicil hereto and may not be charged
on real estate or any other specific property and of the legacy duty
on all such legacies and annuities which may be given
free of legacy entry by this my will or any codicil thereto I give to my
sister Jane Foxlow the sum of five hundred pounds into my Godson
Henry Francis Fosrter son of my late friend John Randolph Forster Esquire
deceased the sum of two hundred pounds I give to my cousins Susan
Milner Adelaide Milner Mary Philippa Milner Frances Harriet Milner
and Sophia Milner the sum of one thousand pounds each and to my
Cousins Thomas Henry Milner Esquire Captain Ferdinand Charles
Milner in the service of the East India Company Captain Peel Milner and
Frederick Milner Esquire the sum of five hundred pounds each I give to
my friend John Watts Bowen of West Bergholt Esquire the sum of two
hundred pounds a testimonial of my sincere regard for him I give
to the trustees of the Colchester and Essex Hospital the sum of two hundred
pounds to be paid exclusively out of such part of my personal estate
as may by law be given for charitable purposes and to be applied to
the uses of that institution and I declare that the receipt of the Treasurer
or of any two of such trustees shall be a sufficient discharge for the
same I give to Mrs Elizabeth Leslie of Melrose in Scotland one hundred
pounds to the reverend Philip James Honeywood one hundred pounds
to Miss louisa Harlan of Colchester one hundred pounds to my Bailiff
Thomas harvey the sum of one hundred pounds also an annuity of
thirty pounds during his life and i direct that such annuity of thirty
pounds shall commence from the day of my decease and be paid half
yearly the first half yearly payment to be made at the end of six calendar
months from the day of my death if the said John Dawson shall be then
living and I give to the said John Dawson in the event of his being in
my service at the time of my disease I give to my footman George Husband
the sum of fifty pounds and I give to each of my household servants (except
my said Butler John Dawson) but including the said George Husband
who shall at my death have lived five years and upwards in my service
one years wages years over and above watch shall at my decease be due
to them respectively but I direct that no servant shall be entitled to
any legacy unless such servant shall be in my service at my death
and I direct that all the legacies and the annuity to John Mason
given by this my will shall be paid within three calendar months
from my decease free from legacy duty 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 mortgage and of which I have power
to dispose by this my will with their rights members and appurten-
ances unto the said John Gurdon Rebow and Robert Birkwell of Bloomsbury
Square in the County of Middlesex Esquire their heirs executors adminis-
trators and assigns respectively according to the nature and quality there
of 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 shall
be considered and taken as part of my personal estate and I do hereby nominate
and appoint the said John Gurdon Rebow and Robert Birkwell
Executors of this my last will and testament and I give to the said Robert
Birkwell the sum of two hundred pounds for his trouble in such executor
ship In witness whereof I the said Francis Slater Rebow the testator have
to this my Will contained in six sides of paper set by hand to each
side and at the end thereof this fourth day of April one thousand eight
hundred and forty four F S Rebow Signed published and declared
by the above named Francis Slater 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 on names as witnesses (the interlearnation
in the fourth side having been previously made) M J Davidson
Bloomsbury Square William Ley clerk to Messrs R Bicknell and
Davidson
I Francis Slater Rebow of Wivenhoe near Colchester in the County
of Essex Esquire a general in Her Majesty’s service do declare this to be a
Codicil to my last will and testament bearing date this fourth day
of april one thousand eight hundred and forty four If my son in law
John Gurdon Rebow in my said named shall die in my lifetime
then and in such case I give and devise direct limit and appoint
all and every the manors messuages lands tenements hereditaments
and real estate wheresoever situate and of what nature or tenure
soever of or to which I am now or at the time of my death shaall
or may be seized or entitled either at law or in equity for any
devisable estate or interest (including any estate or interest with
the will of my late daughter Dame Mary Martin Ormsby Rebow) or
of which I have now power to dispose by will either under and
by virtue of an indenture bearing date the twenty fifth day of
July one thousand eight hundred and thirty five and made or
pressed to be made between me the said Francis Slater Rebow of the
first part my said late dear daughter Dame Mary Martin Ormsby
Rebow of the second part John Gurdon Rebow late John Gurdon
of the third part the Right Honourable Henry William Poulett Lord
Bartining? of the fourth part and John William Egerton Green and William
Gurdon Of the fifth part being a settlement made previously. To and in Consider
ation of the marriage then intended and shortly afterwards had and solemnized
between the said John Gurdon Rebow and Dame Mary Martin Ormsby
Roberts or by any other means whatsoever except estate vested in me upon
trusts or by way of mortgage to the uses upon and for the trusts intents and
purposes and in manner following (that is to say) to the use intent and pur
pose that my sister Jane Foxlow in my said will named may in lieu
of and substitution for the yearly sum of three hundred pounds by
my said will limited to her for her life but in Addition to the legacy
thereby given to her receive during her life out of the rents and
profits of the said hereditaments and premises the yearly sum of one
thousand pounds to be payable quarterly free from all deductions
except legacy duty and income tax the first of such quarterly payments
to be made at the end of three calendar months from the day of my
death if my said sister shall then be living And to the further use
intent and purposes that my said sister may have and exercise all
such powers of distress and other remedies for compelling payment
of the same yearly sum and all costs and expenses relating thereto as
are usually given in such cases or are incident to rents reserved by
lease or common demise and subject and chargeable as aforesaid to the use
of the first and other sons of the Said John Gurdon Rebow successive
ly according to their respective seniorities in tail male with remainder
To the use of the first and other sons of the Said John Gurdon Rebow
successively according to their respective seniorities in tail general with
remainder to the use of all and every the daughter and daughters of the said
John Gurdon Rebow in tail general and if more than one as tenants in
common in equal shares with ? remainders between or amongst them
in tail general with remainder to William Gurdon Esquire the brother
of the said John Gurdon Rebow and his assigns during his life without
impeachment or waste and after the determination of that estate by any
means in his lifetime to the use of Robert Birkwell in my said will named
and his heirs In trust to preserve the contingent uses and estates hereafter
limited from being defeated or destroyed and for that purpose to make entries
and bring actions as occasion shall require but nevertheless to permit the
Said William Gurdon and his assigns during his life to receive and take
the rents issues and profits of the same premises for his and their own
use and benefit and from an after the death of the said William Gurdon
To the use of his first and other sons successively according to their
respective seniorities in tail male with remainder To the use of the
son who at the time of my death shall be the right heir of the said John
Gurdon Rebow and his heirs and assigns for ever And if the said John
Gurdon Rebow shall die in my lifetime then I give and bequeath direct Limit
and appoint all and singular the monies stake funds and securities goods
chattels and 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
may be disposed of by will (including any estate or interest under the
said will of my said late dear daughter ) or of which I have now
power to dispose by will either under or by virtue of the said inden-
ture of the twenty fifth day of July one thousand eight hundred and thirty five I
have power to appoint of the of the monied produced by the sale of the
lighthouses in the said indenture mentioned and the stocks funds and
securities in or upon which the same have been invested except estates
vested in me upon trusts or by way of mortgage subject nevertheless to the
payment thereout of my funeral and testamentary expenses and debts and
of the legacies given by my said will or any Codicil thereto and of the
annuity to John Dawson by my said will bequeathed and of any
annuities which may be bequeathed by any other Codicil thereto and
may not be charged on real estates or on any other specific property
and of the legacy duty on all such legacies and annuity or annuities
which may be given free of legacy duty by my said will or codicil
thereto and I do declare and direct that the same premises shall be
holden (subject as aforesaid. And if my said son-in-law John Gurdon
Rebow shall die in my lifetime then upon and for such trusts intents
and purposes as shall or may as nearly correspond with and be simi
lar to the uses trusts intents and purposes hereinbefore limited decla
red and contained of and concerning the hereditaments and real
estate hereinbefore limited in strict settlement (other than the said
yearly sum of one thousand pounds limited to the said Jane Foxlow
and the powers and remedies for compelling payment thereof as
the different ? and quality of the premises and the rules of
law and equity will permit but so nevertheless that the said per
sonal estate or any part or share thereof shall not rest absolutely
in any person hereby made tenant in tail male or tail general
by purchase of the said hereditaments or any undivided share
thereof unless such person or persons shall attain the age of twenty
one years but on the decease of any such person under the age of
twenty one years shall go devolve and remain in the same man
ner as if it had been real estate and had been included in the strict
settlement hereinbefore contained and I hereby declare my will to
be that every person who under this my codicil shall become entitled
to the possession or the receipt of the rents and profits of the heredita
ments hereinbefore devised in strict settlement and shall not then bear
the name of Rebow shall and do as soon as conveniently
may be thereafter take upon himself and thenceforth use and bear
the surname of Rebow in addition to and after his own name
and apply for and endeavour to obtain an Act of Parliament or
license from the Crown or take such other means as may beRequi
site to enable and authorize him lawfully to take use and bear the
surname of Rebow as aforesaid and if my said son in law John Gurdon
rebow shall die in my lifetime Then I give to my cousins
Susan Milner Adelaide Milner Mary Philippa Milner Frances
Harriet Milner and Sophia Milner in my said will named the
sum of two thousand pounds each in lieu of and in substitution
for the sum of one thousand pounds each given to them by my
said will And to my Cousins Thomas Henry Milner Captain
Ferdinand Charles Milner Captain Peel Milner and Frederick Milner
in my said will also named the sum of one thousand pounds each in
lieu of and in substitution for the sum of five hundred each given
to them by my said will and I direct that all the legacies given by
this codicil shall be paid within three calendar months from my
decease free from legacy duty In witness whereof I the said Francis
Slater Rebow have two this Codicil to my will contained in six sides.
of paper set my hand to each side and at the end thereof this
fourth day of April one thousand eight hundred and forty four
F S Rebow Signed published and declared by the above named
Francis Slater 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 sub-
scribed our names as witnesses (the words “and if my said son
In-law John Gurdon Rebow shall die in my lifetime then” having
been interlined in the third side and struck out in the fifth side M S
Davidson 38 Bloomsbury Square William Ley Clark to Messrs R Bicknell
& Davidson
I Francis Slater rebo of Wivenhoe Park in the county of Essex
Esquire a General in her Majestys Service do declare this to be a Codicil
to my last will and testament which will bears date the fourth day of
april one thousand eight hundred and forty four I give to Miss Adelaide
Milner in my said will named the sum of five hundred pounds in addition
to the legacy given to her by my said will and I direct that such sum of
five hundred pounds shall be paid within three calendar months
from my decease free of legacy duty and I revoke the legacy of five hundred
pounds given by said will to Thomas Henry Milner Esquire In
witness where of I the said Francis Slater Rebow the testator have to
this Codicil to my will set my hand this fifth day of December one thousand
eight hundred and forty four F S Rebow Signed published and declared
by the above named Francis Slater Rebow the testator as and for a
Codicil to his will and 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 George Savill Esqr White
Hall Colchester John Dobson Rector of Wivenhoe
I Francis Slater Rebow of Wivenhoe Park in the County
of Esquire Essex Esquire a General in Her Majesty Service do declare this
to be a Codicil to my last will and testament which will bears date
the fourth day of april one thousand eight hundred and forty four
If my son in law John Gurdon Rebow in my said will named
shall die in my lifetime then and in such case I give to Miss Adelaide
Milner the sum of one thousand pounds in addition to the sum
of two thousand pounds given to her by a previous Codicil to
my said will in the event of my said son in law John Gurdon
Rebow dying in my lifetime such sum of one thousand pounds to
be in lieu of and in substitution for the sum of five hundred pounds
given to Miss Adelaide Milner by another Codicil to my said will
and which Codicil bears even date herewith and I direct that
the said some of one thousand pounds shall be paid within three
calendar months from my decease free of legacy duty and I revoke
the Legacy of one thousand pounds given by such previous Codicil
to my said will to Thomas Henry Milner Esquire In witness
where of I the said Francis Slater Rebow the testator have to
this Codicil to my will set my hand this fifth day of December
one thousand eight hundred and forty four F S Rebow Signed
published and declared by the above named Francis Slater
Rebow the testator as and for a Codicil to his will in the pre
sence 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 George Savill Esquire White
Hall Colchester John Dobson Rector of Wivenhoe
Proved at London with three Codicils 22nd of November 1845
before the worship John Danbury Doctor of Laws Surrogate by
the oath of John Gurdon Rebow Esquire the surviving Executor
to whom adm[inistrati]on with granted having been first sworn duly to
administer.
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