Page images
PDF
EPUB

are both living at the time of my death; but if either of them shall happen to die before me, then I give and bequeath the share of him or her so dying to the survivor of 4. them. AND I do hereby nominate, constitute, and appoint my brother William Field aforesaid, sole executor of this my last will and testament. IN WITNESS Whereof I have hereunto set my hand and seal, the in the year of our Lord 18

Signed, sealed, &c. [as in No. I.]

[ocr errors]

day of

[blocks in formation]

A Man having Money, Goods, and Effects, and no Real Estate.

1. Gives to his Son, 400l. To a daughter, 3001. 2. To two Daughters, 300l. each, to be paid when they attain their several Ages of Twenty-one years, or be married; the Interest, in the mean time, to be applied for their Main

tenance.

3. Proviso, if the Daughters marry under age, and without their Mother's Consent, their Legacies to go to first mentioned Son and Daughter.

4. Gives to Wife the use of Household Goods during her Life, and the whole thereof to his Son after her Death.

5. Residue to Wife, who is made Executrix.

IN THE NAME of God, Amen. I John Tomkin, of the parish of Saint Martin in the Fields, in the county of Middlesex, baker, being in health of body, and of sound mind, memory, and understanding, do make this my last 1. will and testament in manner following: I give and bequeath to my son Thomas Tomkin, the sum of 4007., and 2. to my daughter Mary Tomkin, the sum of 300l. ALSO, I give and bequeath unto my daughters Jane and Frances Tomkin, the sum of 300l. each; to be paid when and as they attain their several and respective ages of twentyone years, or on the day or days of their respective marriage, which shall first happen, provided they marry with consent as hereafter mentioned; and until my said daughters Jane and Frances shall so attain the ages of twentyone years, or be married, my will is that the interest or produce of their several legacies shall be paid and applied

towards their maintenance and education, in such manner as my executrix, hereinafter named, shall according to 3. her discretion think fit: PROVIDED always, nevertheless, and my will and mind is, that in case one or both of my said daughters Jane and Frances shall marry before having attained twenty-one years of age, and without having first obtained consent in writing under the hand of my said executrix, then from and immediately after such one or both of them shall be so married, I do hereby give and bequeath the legacy or said sum of 300l. of such of my said two daughters as shall be married, and without having obtained consent as aforesaid, unto my said son Thomas, and my daughter Mary Tomkin, equally to be divided 4. between them. AND I do hereby give to my wife Elizabeth Tomkin, the use of one half of my plate, linen, china, household goods, and furniture, which shall be in my dwelling-house at time of my death, to hold, use, occupy, and possess the same during her life; and from and immediately after her death, I give and bequeath the said plate, linen, china, household goods and furniture, 5. unto my aforesaid son Thomas Tomkin. ALL the rest,

herein

[ocr errors]

the

A

the whole of *

residue, and remainder of my money, goods, chattels, estate, and effects, of what nature or kind soever, not before given or disposed of, after payment of my just debts, funeral expences, and the expences of proving this my will, I give and bequeath unto my said wife; and I do make, nominate, constitute, and appoint, my said wife sole executrix of this my last will and testament, hereby revoking and making void all and every other will and wills at any time heretofore by me made, and do declare this to be my last will and testament. IN WITNESS whereof I have hereunto set my hand and seal the day of in the year of our Lord 18

Signed, sealed, declared, and published, by the abovenamed John Tomkin the testator, as and for his last will and testament (the above erasement and interlineations therein being first made, namely, the words,

[ocr errors]

* It is common both in wills and deeds to cut or scrape cut mistakes and wrong words or letters, but it is far better to erase the same in the above form, and to take notice thereof in the attestation, as we have here done for an example,

[Place

the Seal.]

(one half of) erased, and the words
(the whole of) interlined, likewise,

the word (the) and the word (here- JOHN TOMKIN.
in) interlined, in the presence of us,
who, at his request, and in his pre-
sence have subscribed our names as
witnesses,

LAZARUS MITFORD.
NOAH OLIver.

NUMBER VI.

A Man having a large Stock in Trade, and other Personal Estate to a considerable Amount; but no Real Estate.

1. Takes Notice that his Wife is provided for by Settlement, and as a token of love gives her some Plate, Household Goods, and Mourning.

2. Gives Legacies to two Brothers for Mourning.

3. Legacies to Executors for Care and Trouble. 4. Residue of Household Goods, Chattels, Stock in Trade, Estate and Effects, to two Persons, upon Trust to sell; and the Money arising therefrom, and from Debts due to him, to place out at Interest for the Benefit of his Son and two Daughters, and such other Children as he might have living, or his Wife be ensient with at the Time of his Death. The Interest to be applied towards their Maintenance and Education, and the Principal to be paid at their several Ages of twenty-one Years. In case any or either die under Age, leaving Issue, such to have their Parent's Share; and in case of all their Deaths without Issue, Wife to have the Whole. If she be then dead, Testator's Brothers to have it. 5. Trustees empowered to alter or change the Securities on which the Monies be placed, and to apply the Children's Share of the Principal for putting any or either of them to Business, or setting them up therein, or advancing them in Marriage.

6. Indemnified against Expences and involuntary Loss. 7. Appointed Executors, and constituted Guardians with Testator's Wife..

IN THE NAME OF GOD, AMEN. I William Wharton, of the parish of Saint Martin in the Fields, in the county of Middlesex, upholsterer, being sick and weak in body,

but of sound and disposing mind, memory, and understanding, thanks be to God for the same, do make this 1. my last will and testament in manner following: WHEREAs my dear and loving wife Mary Wharton is provided for by settlement made on her marriage, and thereby, on my death, will, amongst other things, be entitled to, and possessed of a dwelling-house, messuage, or tenement, situate and being at Knightsbridge, in the parish of Saint George, Hanover-square, in the said county of Middlesex, for the term of her life; Now, in token of the love and affection I have and bear for and towards my said wife, I give and bequeath to her all the plate, linen, china, household goods, and furniture of all kinds, which shall be in the aforesaid dwelling-house at the time of my death, and also 2. the sum of twenty guineas for a ring and mourning. AND I give and bequeath to my brothers John and Thomas Wharton, the like sum of twenty guineas each for a ring 3. and mourning. ALSO, I give and bequeath unto John Jones, and Thomas Jenkins, of Knightsbridge aforesaid, esquires, my executors and trustees hereinafter named, the sum of 60%. each, for the care and trouble they may have in executing this my will, and performing the trusts 4. hereby in them reposed. ALL the rest, residue, and remainder of my plate, linen, china, household goods, and furniture, and all my other goods, chattels, stock in trade, estate, and effects of what nature or kind soever, not herein before given or bequeathed, I give and bequeath unto the said John Jones and Thomas Jenkins, to hold to them the said John Jones and Thomas Jenkins, their executors, administrators and assigns, upon this special. trust and confidence, nevertheless, that is to say, that they my said trustees, or the survivor of them, or the executors or administrators of such survivor, do and shall, as soon as convenient after my death, sell and dispose thereof, and call in and receive all such debts, sum or sums of money, as shall be due and owing to me at the time of my death, and place the monies arising by such sale or disposal, and the monies so to be called in and received, upon government, or other good and sufficient security, in their own names, and in such manner as they shall think proper: And also in trust, that they do and shall receive the interest and dividends thereof from time to time, as the same shall become payable, and pay, apply, and dispose of the same, or a sufficient part thereof, for and towards the maintenance, education, support, and bring

ing up of my son James, and my daughters Mary and Elizabeth Wharton, and such other child or children, as I shall have living, or that my said wife may be ensient with at the time of my death, until my said children shall severally and respectively attain their several and respective ages of twenty-one years; and when and as my said children shall severally and respectively attain their said ages of twenty-one years, in trust to pay, assign, transfer, and convey all the said residue of my estate and effects, with the interest, dividends, and produce thereof, as shall not have been applied for and towards the maintenance and education of my said children as aforesaid, or for putting any or either of them to business, or otherwise advancing any or either of them in life, pursuant to the power hereinafter for that purpose contained, equally unto and amongst all my said children, when and as they shall severally and respectively attain their said ages of twentyone years and in case any or either of my said children shall happen to die before having attained twenty-one years of age, without leaving issue of his or her body lawfully begotten; then in trust to pay, assign, transfer, and convey all the said residue of my estate and effects, and the interest, dividends, and produce thereof, or such part thereof as shall remain unapplied as aforesaid, unto such of my said children as shall live to attain his, her, or their respective age or ages of twenty-one years, share and share alike, if more than one. But in case any or either of my said children should happen to die under age, leaving issue of his, her, or their body or bodies lawfully begotten; then in trust to pay, assign, transfer, and convey the part or share of such deceased child or children unto such his, her, or their issue, share and share alike (if more than one), when and so soon as they shall severally and respectively attain their several and respective ages of twenty-one years, and to pay and apply the interest, dividends, and produce thereof, in the mean time, for and towards their respective maintenance and education. But in case all and every of my said children shall happen to die under age, and without leaving issue of his, her, or their body or bodies lawfully begotten; then in trust to pay, assign, transfer, and convey the said residue of my estate and effects, and the interest, dividends, and produce thereof, or such part thereof as shall remain unapplied as aforesaid, unto my said dear and loving wife Martha Wharton. But in case she shall be then dead; then in

« PreviousContinue »