This is the last Will and Testament of me Henry Strudwicke formerly of Croydon in the County of Surrey Sadler but now of Thames Ditton in the same County Esquire
In the first place I direct my just debts funeral testamentary and other expenses shall be fully paid and satisfied
I give and bequeath unto my wife Sarah Strudwicke the sum of two hundred pounds sterling to and for her own absolute use and benefit
I give and bequeath unto the said Sarah Strudwicke my nephew Thomas Farley of Thornton Heath Croydon in Surrey and John Wallis of Limpsfield in the County of Surrey and Daniel Clark of Basinghall Street London Woolen Draper the sum of six thousand pounds three and a half per cent reduced Bank annuities, upon trust to pay the interest and dividends thereof as they shall respectively accrue due and become payable, unto my said wife Sarah Strudwicke during the term of her natural life to and for her own absolute use and benefit
And I direct that the first payment of dividends of the said trust annuities shall begin and be made on the first payment of dividends that shall become due upon the said annuities next after my decease and from and after the decease of the said Sarah Strudwicke
I direct my said trustee or trustees for the time being do and shall stand and be possessed of and interested in the said six thousand pounds three and a half per cent reduced Bank annuities in trust to add the same to the residue of my estate and effects
I give and bequeath unto my sister Catherine Farley widow the sum of four thousand pounds new three and a half per cent Bank annuities to and for her own absolute use and benefit
I give and bequeath unto my great neice Charlotte Barwick widow the sum of two thousand pounds new three and a half per cent Bank annuities to and for her own absolute use and benefit
I give and bequeath unto each of the following six persons (that is to say) to my three neices Susanna Clark wife of the said Daniel Clark, Jane Wallis wife of John Wallis, and Mary Ann Johnson widow, and my nephew the said Thomas Farley, and to Caroline Elizabeth Finley wife of Henry Finley, and Ann Lucy Whitmarsh wife of George Whitmarsh, two neices of my late wife Elizabeth Strudwicke, the sum of One thousand Pounds a peice of new three and a half per cent Bank annuities to and for their own absolute use and benefit respectively
I also give and bequeath to the said Mary Ann Johnson the further sum of one thousand five hundred pounds sterling to and for her own absolute use and benefit
I give and bequeath to my said trustees the sum of two thousand pounds new three and a half per cent Bank annuities upon trust to pay the interest and dividends thereof as they shall respectively accrue due and become payable unto my nephew Jeffery Lambert Strudwicke during the term of his natural life and for his own absolute use and benefit
Aand from and after his decease I direct my said trustees do and shall stand and be possessed of the said two thousand pounds new three and a half per cent Bank annuities and the interest and dividends thereof in trust to transfer and assign the same in equal shares and proportions, unto, between and among all and every the lawful children of the said Jeffery Lambert Strudwicke who shall live to attain the age of twenty one years or die under that age leaving lawful issue, him or her surviving
I give and bequeath unto my said trustees the further sum of two thousand pounds new three and a half per cent Bank annuities upon trust to assign and transfer the same in equal shares and proportions between and among all and every the several children of my late neice Lydia Chapman, who shall happen to survive me and live to attain the age of twenty one years, or who shall have then attained such age
And in case of the decease of any such children under the said age of twenty one years, I direct that the shares of them so dying shall go to the survivors or survivor of such children who shall live to attain such age of twenty one years
And in case only one of such children should live to attain the said age I direct that the whole of such last mentioned trust annuities shall go to such only child, his or her executors, administrators or assigns, and I direct that in case any of the said children shall be under the said age at the time of my decease the dividends of their respective, presumptive share shall be paid and applied in and towards the maintenance and education use and benefit of such child respectively during his or her minority
I give and bequeath unto Jane Strudwicke widow the relict of my late brother Frederick Strudwicke the sum of One hundred pounds sterling to and for her own absolute use and benefit
I give and bequeath unto Elizabeth Strudwicke widow, the relict of my late brother Charles Strudwicke, the like sum of One hundred pounds sterling to and for her own absolute use and benefit,
Provided always, and I do hereby declare my will and mind to be that in case I should not at the time of my decease be possessed of sufficient three and a half per cent annuities in my name to fully meet the several bequests of three and a half per cent annuities herein made, the same or the amount required to make up the deficiency if any shall be a charge upon the residue of my estate and effects, and also that the legatees respectively of such annuities shall be entitled to the dividends and interest upon such respective legacies as such dividends shall or may accrue due and become payable next after my decease and whether such annuitiues shall or shall not be standing in my name at the time of my decease
I give and devise unto my said two neices Jane Wallis, wife of John Wallis, and Sussanna Clark, wife of Daniel Clark, all my right title and interest in and to a certain freehold Messuage or Tenement and Premises situate in High Street Croydon in the County of Surrey lately belongingg to my Grandfather Snelling to hold the same with the several appurtenances thereto belonging unto the said Jane Wallis and Sussana Clark their heirs and assigns respectively, to and for her and their own absolute use and benefit, as tenants in common and not and joint tenants
I give devise and bequeath unto my Brother in Law Thomas Thresher and to his daughters the said Caroline Finley and Ann Lucy Whitmarsh all the right title and interest that I may have or be entitled unto by virtue of the will of Sarah Kimber late of Salisbury Wilts, Widow, deceased, in the estate and effects of the said deceased, to hold the same to the said Thomas Thresher, Caroline Finley, and Ann Lucy Whitmarsh, or the survivors or survivor of them, his, her or their heirs, executors, administrators and assigns, to and for his her and their own absolute use and benefit
And as to and for and concerning all and singular the rest residue and remainder of my estate and effects both real and personal that I or any person or persons in trust for me shall or may at the time of my decease be seized possessed of interested in or entitled, unto or over which I shall have a devising or disposing power, and not by me herein before specificially devised or bequeathed, I give devise and bequeath the same and every part and parcel thereof unto and to the use of the said Thomas Farley, John Wallis, and Daniel Clark, their heirs, executors, admons and assigns, according to the several natures tenure kind or quality of the same, respectively upon trust that they my said trustees or the trustees or trustee for the time being, do and shall with all convenient speed make sale and absolutely dispose of such part or parts of my estate or effects as shall be in their nature saleable, either by public auction or private contract, and either together or in parcels for the best price or prices that can be reasonably obtained for the same, and get in and convert into money such other part and parts thereof, and do and shall stand possessed of and interested in the money to be produced by the means aforesaid, upon trust thereout to pay satisfy and discharge my said just funeral testamentary and other expenses and the severall legacies herein contained and after payment and full satisfaction thereof do and shall stand and be possessed of and interested in the residue of the said moneys upon trust to divide the same in equal shares and proportions unto between and among the said Jane Wallis Sussanna Clark and Thomas Farley as tenants in common to and for his her or their own absolute use and benfit respectively
Provided always and I do hereby declare and direct that the several legacies and other provisions herein by me respectively made for the several persons herein before metioned who shall be females shall be paid to such females respectively for their own absolute and exclusive use and benefit free and independant of any present and future husband or husbands his or their debts control or engagements and I declare that the receipts respectively of such females alone whether covert or sole shall be good and sufficient discharges from time to time for the same
I do hereby declare that the receipts or receipt of the trustees or trustee for the time being of this my will shall at alll times be a sufficient discharge or sufficient discharges to any purchaser or purchasers of my said estate and effects or any other person or persons paying any monies for all such monies as in such receipt or receipts shall be acknowledged or expressed to be received and that the purchaser or purchasers person or persons paying such monies or money shall not after taking such receipts or receipt for the same as aforesaid be obliged to see to the application or be answerable for the loss misapplication or nonapplication of the same or any part thereof
Provided always and I do hereby declare and direct that if my said trustees or either of them or any further trustee or trustees to be appointed as hereinafter mentioned shall die or be desirous of being discharged of and from or refuse or decline or become incapable to act in the execution of the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully performed then and in such case and when and as often as the same shall happen it shall and may be lawful to and for the continuing or surviving trustee or the executors or admons of the last deceased trustee for the time being by writing under his or their hand or hands from time to time to nominate and appoint any other person or persons to be a trustee or trustees in the place and stead of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and thereupon all and singular the said trust promises shall be conveyed and assigned unto and be vested in the new trustee or trustees either jointly with the surviving or new trustee or in such new trustees only as occasion shall require to for and upon such and the same trusts intents and purposes as are herein before expressed and declared of and concerning the same or such of them as shall be then subsisting or capable of taking effect and that every such new trustee shall and may in all things act in the execution of the said trusts as fully and effectually to all intents and purposes as if he she or they had been originally in and by this my will nominated a trustee or trustees hereof
And I do hereby expressly direct that any person or persons acting as a trustee or trustees under this my will shall not be answerable or accountable for any more money than what they or he shall respectively actually receive or that shall come to their her or his hands or hand by virtue of this my will the joining in receipts for conformity notwithstanding nor for any loss which may happen in or to the said trust monies and premises without her or his wilful neglect or default respectively nor either of my said trustees for the other of them or for the acts deeds or defaults of the other of them and that every such trustee shall and may retain to and reimburse herself or himself and allow to her or his co trustees out of the said trust monies which shall come to their his or her hands or hand and such costs charges and expenses as they or either of them shall respectively pay sustain or be put unto by reason or means of this my will or in or about the execution of any of the trusts hereby in them respectively reposed
And I give devise and bequeath all the estates vested in me on any trusts or by way of mortgage and which I have power to dispose of by this my will with their appurtenances unto and to the use of the said Thomas Farley John Wallis and Daniel Clark their heirs executors and assigns according to the several natures and quality thereof respectively upon the several trusts affecting the same
And I nominate and appoint the said Thomas Farley John Wallis and Daniel Clark Executors of this my will hereby rvoking and making void all former wills I declare this paper writing to be and contain my last will and testament
In witness whereof I the said Henry Strudwicke the testator have to this my last will and testament contained in seven sheets of paper to each sheet thereof set my hand this sixteenth day of April in the year of our Lord One Thousand Eight Hundred and Forty – Henry Strudwicke
Signed by the testator Henry Strudwicke in the presence of us all of us being present at the same time being the time of such signature by the said testator who in the presence of the said testator have hereunto subscribed our names as witnesses the word “widow” being first interlined on the first sheet hereof and the word “annuities” being first struck through on the third sheet hereof and the word “dividends” written over the same. George Jenkins -Thames Ditton, Dan White – Thames Ditton, H Jackson -Great Garter Lane Doctors Commons
Probatum to Thomas Farley, John Wallis, and Daniel Clark on 1 May 1840