This is the last Will and Testament
of me William Brummell of Wivenhoe in the County of Essex Esquire
Whereas under and by virtue of the Settlement made previously to my
marriage with my dear wife Anne Brummell a sum of Thirty one thou-
sand two hundred and fifty pounds three per cent Consolidated Bank annui-
ties was invested in the names of the Trustees of the said Settlement Upon
trust to pay the interest dividends and proceeds thereof to me and my said
Wife for our respective lives and the principal to our children in manner
therein mentioned and it was by the said Settlement further declared that
in case I should survive my said Wife and children then that the said trus-
tees should stand possessed of the said sum of Thirty one thousand two hun-
dred and fifty pounds three per cent Consolidated Bank annuities or so
much and such part thereof as should not have become vested in any child
or children under any appointment made in pursuance of the powers
contained in the said settlement in trust for me the said William Brummell
my executors administrators and assigns Now therefore it is my Will
And I do hereby declare that in the event of my becoming absolutely
entitled to the said sum of Thirty one thousand two hundred and fifty
pounds under the powers contained in my said Marriage Settlement I
do give and bequeath the same to Robert Parnther of Saville Row and
Jonathan Rashleigh of Lincolns Inn in the county of Middlesex esquire their
executors administrators and assigns upon trust pay transfer and
make over one moiety or half part of the said sum of thirty one thousand
two hundred and fifty pounds three per cent Consolidated Bank annuities
or so much thereof as I may have in my power to dispose of under the
trusts of the sad Settlement Upon Trust to pay the interest dividends and
proceeds thereof to my brother George Brummel Esquire for the term of
his natural life and from and immediately after his decease Upon trust
to pay and transfer the principal of the said moiety unto and amongst
All and every the child and children of the said George Brumell by any
wife with whom he may intermarry to be equally divided between them
Share and share alike and to their respective executors administrators and
assigns and as to the remaining moiety of the said sum of thirty one
thousand two hundred and fifty pounds three per cent Consolidated Bank
annuities or so much thereof as I may have the power to dispose of
under the trusts of the said Settlement Upon Trust to pay the interest
dividends and proceeds thereof unto my brother in Law James Daniell
of Carshalton in the County of Surrey Esquire for his life and after his
decease Upon Trust to pay and transfer the principal of the said last
mention moiety unto and amongst all and every the child and chil
dren of the said James Daniell to be equally divided between them share
and share alike and to their respective executors administrators and assigns
I give devise and beueath all and singular my messuages lands tenements
and hereditaments whatsoever situate lying and being in Wivenhoe
and Elmstead or elsewhere in the County of Essex together with their
and every of their rights members and appurtenances unto and to the
use of the said Robert Parnther and Jonathan Rashleigh their heirs
and assigns Upon trust that they the said Robert Parnther
and Jonathan Rashleigh or the survivor of them his heirs or assigns
do and shall with all convenient speed after my deceased absolutely make
sale and dispose of my said messuages lands tenements and heredita
ments either together or in parcels by Public sale or private contract unto any
person or persons who may be willing to become the purchaser or purchasers
thereof for such price or prices in money as to them my said trustees or the
survivor of them his heirs and assigns shall appear to be the most that can
be reasonably gotten for the same and in order to facilitate such sale or
sales my Will is And I do hereby direct that the receipt and receipts from
time to time to be signed and given by the said Robert Parnther and
Jonathan Rashleigh or the survivor of them his heirs executors or
administrators for any sum or some of money which shall be paid to
them or him respectively by any purchaser or purchasers of my said messu-
ages lands tenements and hereditaments or any part thereof shall be a good
and effectual release and discharge to such purchaser or purchasers res-
pectively for the same sum or sums of money or so much there of as in
such receipt or receipts shall be expressed or acknowledged to be received and
that after such receipt or receipts shall be given such purchaser or purchasers
shall not be obliged to see the application will be answerable or accountable
for the loss misapplication on nonapplication of such money or any part
thereof and my Will further is that the money which shall arise by or
from such sale as aforesaid shall be deem to be part of my personal Estate
I give and bequeath to my said dear wife Anne Brummell in case she shall
survive me for her own sole absolute use and benefit All my plate linen
china books pictures household goods and household furniture live and
dead stock of every sort and kind whatsoever and all my wines and other
liquors Coals and provisions whatsoever which shall be in or about my
said house and premises that Wivenhoe or any other house I may be
possessed of at the time of my decease and also all her watches rings
trinkets jewels apparel and paraphernalia I give and bequeath to my
said Trustees Robert Parnther Jonathan Rashleigh the sum of
One hundred guineas each for their trouble in undertaking the trusts of
this my Will also I give devise and bequeath all my monies securities
for money goods chattels Estate and Effects whatsoever wheresoever
not hereinbefore specifically bequeathed or disposed of Together with the
produce to arise from the sale of my said messages lands and heredita-
ments to the said Robert Parnther and Jonathan Rashleigh their
heirs executors and administrators according to the nature and quality
of the same premises respectively Upon trust as soon as conveniently maybe
after my decease to sell and dispose of convert into ready money all my
said residuary estate and effects and out of the monies that shall arise or be
produced therefrom in the first place pay and discharge all my just debts
funeral and testamentary expenses and the pecuniary legacies hereinbefore
given and such other legacies as I may hereafter give by any Codicil or Codicils
to this my Will and from and after the payment and discharge thereof respect-
tively Then do and shall in the next place lay out invest all the residue
and surplus of the monies to arise and be produced as aforesaid in the purchase
of stock in some or one of the Government or Public stocks or funds or upon
real securities at interest in the names or name of them the said Robert
Parnther and Jonathan Rashleigh or of the survivor of them or of the
executors and administrators of such survivor whom I hereby fully authorize
and empower from time to time to alter vary and change such stocks funds
and securities or any of them and those which may be substituted in lieu
thereof for others of the same or like nature as they or he shall in their or
his discretion think expedient and my will is And I hereby direct that the
said Robert Parnther and Jonathan Rashleigh or the survivor of them
his executors or administrators shall stand and be possessed and
interested of and in all and singular the stocks funds and securities so to be
purchased or acquired as aforesaid Upon the trusts and for the intents and
purposes hereinafter expressed declared and contained concerning the
same that is to say Upon trust pay the yearly dividends interest and
proceeds thereof as the same shall arise and become due unto my said dear
wife Anne Brummell or her assigns or otherwise permit and authorize
her to receive and take the same for her or their own use and benefit during
her natural life and I will and declare that her receipt shall from time to
time be a good and effectual release and discharge to my said trustees and
from and immediately after her decease Upon trust as to the residue and
remainder of my said estate and effects for all and every my present and
future children who shall be living at my decease and born in due time
afterwards equally to be divided between or amongst such children if more
than one share and share alike and if there shall be but one such child
then the whole to be in trust for such one child the share or shares of such
of them as shall be a son or sons to belong to and be vested interests in
him or them respectively at his or their age or respective ages of twenty one
years and the share or shares of such of them as shall be a daughter or
daughters to belong and be vested interests in her or them respectively at
her or their age or respective ages of twenty one years or day or respective days
of marriage which shall first happen and to be transferred and made over
at such ages and times respectively or as soon after as circumstances will
permit Provided always and my will is that if any of my said daughters
shall happen to die under the age of twenty one years and unmarried or
if any of my said sons shall happen to die under the age of twenty one years
then and in such case the share hereby intended for every such daughter
so dying underage and unmarried and every such son so dying under
the age of twenty one (except what may have been applied for the advance-
ment of such Child of Children in Manner hereinafter mentioned) shall
from time to time go and accrue unto the survivors or survivor of them
my said sons and daughters and the respective executors administrators
or assigns of such of them (if any) as may be dead having first acquired a
vested interest in their original shares and be equally divided between or
amongst such survivors or survivor and the Representatives of those who
may be dead if more than one share and share alike and the same shall
become vested interests in and be transferred and made over to him her or them
respectively at such respective ages days or times as his her or their original
share or shares respectively or as near there to a circumstances will permit
and such benefit or survivorship or accruer shall extend as well to the survi-
ving or accruing as to the original shares And upon further trust that they the
said Robert Parnther and Jonathan Rashleigh or the survivor of them his
executors or administrators do and shall in the meantime until my said
sons and daughters shall become entitled to have their respective shares
of the said Residue of the said stocks funds and securities transferred and
made over to them respectively as aforesaid pay the yearly dividends
interest or proceeds of such shares respectively into the hands of a Guar-
dian or Guardians for the time being of such Children respectively in order
that the same may be applied for or towards their respective maintenance
and education according and in proportion to their several presumptive
shares for the time being in the principal of the said residue of the said stocks
funds and securities Provided always and I do hereby further direct that
notwithstanding anything hereinbefore contained it shall and may be
lawful to and for them the said Robert Parnther and Jonathan Rashleigh
and the survivor of them his executors or administrators at their or his dis-
creation at any time or times after my decease to apply and dispose of any part
or parts (not exceeding in the whole one half of the presumptive share or
shares for the time being of any son or sons who shall be under the age of
twenty one years of and in the said residue for buying a Commission in
the Army for such son or sons or for placing him or them out in any pro-
fession or employment or for his or their instruction therein or otherwise
for his or their advancement or benefit in the World notwithstanding
such share or shares shall not then have become vested And in case of
the death of all my children under twenty one and unmarried without
having acquired vested interests as aforesaid Then I direct that my said
last mentioned Trustees or the survivor of them his executors or adminis-
trators shall stand and be possessed of the said residue of the said stocks
funds and securities or of such part thereof as shall not have been disposed
of for the advancement of any child or children as aforesaid In trust out of
the said residue of the stocks funds and securities upon which the same
may be invested to raise the clear sum of Three thousand pounds sterling
and pay the same to my sister Maria Blackshaw the Widow or George Blackshaw Esquire her executors
administrators and assigns And as to all the rest residue and
remainder of my estate and effects of what nature or kind so ever In
trust to pay the interest dividends and proceeds thereof to my brother George
Brummel Esquire or his assigns or to permit and authorize him or
them to receive and take the same for his and their own use and benefit
during his natural life and from and immediately after his decease In
trust as to my said residuary estate and effects to divide the same equally
amongst the children of my said brother by any Woman with whom he
may intermarry whether sons or daughters share and share alike
Provided also and my will further is that in the mean time and until
my said Estate at Wivenhoe shall be sold pursuant to the directions
hereinbefore contained the rents issues and profits thereof shall from
time to time go and be payable and applicable to such and the same
person or persons and for such and the same intents and purposes and
in such and the same manner as the yearly dividends interest or pro-
duce of the stocks funds or securities to be purchased in the monies to
arise from the sale of such Estate would for the time being have gone and
been payable and applicable in case such Estate had been then sold and
such stocks funds or securities had been then purchased out my Will
further is and I do hereby declare that my said trustees herein before
appointed or either of them their or either of their heirs executors or
as administrators shall not be charged or chargeable with or accountable
for any more monies than they shall actually receive or shall come to
their respective hands under and by virtue of this my Will nor with or
for any loss which may happen of the trust monies and premises or any
part thereof so as such loss happen without their wilful neglect or default
respectively use any of them for the others or other of them or for the acts deeds
receipts disbursements or defaults of the others or other of them but each of
them only for his own acts deeds receipts disbursements and defaults and
also that it shall and may be lawful to and for them my said Trustees res-
pectively and their respective heirs executors and administrators in the first
place by and out of the monies which shall come to their hands respectively
under and by virtue of this my Will to deduct retain to and reimburse
themselves respectively all such costs charges damages and expenses as
they shall respectively bear sustain expend or be put unto by reason or
means of the trusts hereby in them reposed or the management or execu-
tion thereof or any act transaction matter or thing whatsoever in anywise
relating thereto And I hereby nominate constitute an appoint my said
dear wife Ann Brummell together with the said Robert Parnther and
Jonathan Rashleigh Executors of my said Will And I appoint my said
dear wife Anne Brummell together with the said Robert Parnther and
Jonathan Rashleigh Executors of my said Will And I appoint my said
dear Wife Guardian of my present and any future children I may have by
her during their respective minorities In witness whereof I the said
William Brummell have to this my last Will and Testament contained
in seven sheets of paper to the first six sheets thereof set my hand and to
this seventh and last sheet my hand and seal the first day of June in the
year of our lord one thousand eight hundred and sixteen W Brummell
Signed Sealed published and declared by the testator William
Brummell as and for his last Will and Testament in the presence of us
who in his presence at his request and in the presence of each other have
subscribed our names as witnesses thereto John Cheetham John
Haynes E. W. Gilbert Clerks to Messrs Rashleigh & Co
Proved at London 20th of Augt 1853 before the Judge by the oath
of Anne Brummell Widow the relict one of of the surviving Executors to
whom Admon was granted having been first sworn by Common duly to
administer. Power reserved of making the like grant to Robert Parnther
the other surviving Executor when he shall apply for the same.
This Will was transcribed with the aid of AI software.
https://readcoop.eu/transkribus/
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