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Will of William Tyler

of Stepney, Middlesex and Edenbridge, Kent


Source: PCC will PROB 11/1682
Transcribed by Alwynne Mackie
This is the last Will and Testament of me William Tyler of the Grove Mile End in the County of Middlesex Gentleman while being of sound and disposing mind memory and understanding thanks be to God for the same but considering the uncertainty of this mortal life I do make publish and declare in manner and form following that is to say first and principally I recommend my soul into the hands of Almighty God who gave it and my body (in the humble hope of a joyful resurrection into eternal life) I commit to the dust to be decently interred without any funeral pomp at the discretion of my Executrix and Executors hereinafter named in the burial ground belonging to Stepney Meeting. And as to such worldly estate and effects wherewith it has pleased God in his kind providence to bless me I direct my Executrix and Executors hereinafter named to collect and get in the same as soon as conveniently may be after my decease.

I give and bequeath unto my dear wife Sarah Tyler the sum of one hundred pounds to be paid by my Executors hereinafter named out of my personal estate without fourteen days next after my decease and for her own absolute use and disposal.

And I also give and bequeath the following legacies that is to say
to my daughter Charlotte Bennett Wife of ………… Bennett [thus in the original] the sum of four hundred pounds and to granddaughter Charlotte Bennett daughter of my said daughter Charlotte Bennett the sum of two hundred pounds.
To my Daughter Sophia wife of ……… Huddleston [thus in the original] four hundred pounds being in addition to the sum of one hundred pounds already advanced by me to her.
To my daughter Sarah Brockholes the sum of fifty pounds.
To my Son John Tyler the sum of fifty pounds
and to my Nephew Thomas Benton the sum of ten pounds
and to my Executors and Trustees James Collins and William Sims hereinafter named and appointed fifty pounds each for the trouble and care they will have in the execution of the trusts of this my Will all which last mentioned legacies I direct shall be paid by my Executrix and Executors out of my personal estate within one calendar month after my decease (except the said legacy of two hundred pounds given to my said grand daughter the payment of which I have hereinafter directed).

I also give and bequeath to my said daughters Charlotte Bennett Sarah Brockholes Sophia Huddleston and Gent Huddleston her husband and to my daughter Elizabeth Morley and my sons John Tyler and Robert Tyler and to Henrietta Newham and her husband and to the said James Collins and William Sims a gold mourning ring each in remembrance of me and as a token of my regard for them.

And I give devise and bequeath all that my freehold messuage tenement or dwelling house with garden and appurtenances thereunto belonging situate and being at Mile End Grove aforesaid and wherein I now reside together with all my plate linen and china household furniture goods chattels and things whatsoever which shall at the time of my decease be in or about the same premises (save and except monies and securities of money) unto and to the use of the said James Collins and William Sims and the survivor of them and the heirs executors advisors and assignees of such survivor for ever according to the natures and qualities thereof respectively nevertheless upon the trusts and to and for the intents and purposes hereinafter by me declared and remaining the same that is to say in trust to permit and suffer my wife to use possess and occupy the same messuage or tenement and premises and all such plate linen china household furniture goods chattels and other things as shall be therein at the time of my decease and every part and parcel thereof for and during the term of her natural life she keeping the said messuage or tenement and premises in good and tenantable repair.

And from and immediately after the decease of my said wife then upon trust that the said James Collins and William Sims or the survivor of them or the heirs executors advisors or assignees of such survivor shall and do with all convenient speed absolutely sell and dispose of and convey the same messuage tenement and premises and such of the said household goods and other things as shall be remaining therein unto such person or persons as shall be willing to become the purchaser or purchasers thereof respectively for the most money that can be had or gotten for the same and pay apply and dispose of the money arising from the sale thereof in the manner the general residue of my personal estate is herein after by me directed to be applied and disposed of.

And I give devise and bequeath unto Thomas Lampton glover James Stanford miller William Nicholson shoemaker and ……………… [thus in the original] all of the parish of Edenbridge in the County of Kent and unto the survivors and survivor of them and the heirs and assignees of such survivor for ever all that my piece or parcel of freehold land with the Chapel and appurtenances which I some time since erected and built thereon situate and being in Edenbridge aforesaid (a plan whereof is in the possession of the said Thomas Lampton James Stanford and William Nicholson some or one of them) upon trust that they the said Thomas Lampton James Stanford William Nicholson and ………… [thus in the original] and the survivors and survivor of them and the heirs and assignees of such survivor shall and do stand and be seized and is and possessed thereof and of every part and parcel thereof for the use of such independent protestant dissenters as may choose to resort thereto for which purpose my will is that such Chapel shall be kept open as a place of worship for the reception of any Minister who shall preach the true Gospel of our Lord and Saviour Jesus Christ such Minister being first approved of by my trustees of the same for the time being or the major part of them and my will further is that such Minister shall only be permitted to officiate therein so long as the major part of them my said last mentioned trustees or the survivors or survivor of them or other the trustee or trustees of the same for the time being shall think fit but nevertheless so and in such manner as that there shall always be an officiating Minister for such Chapel and that such Chapel shall always be kept open for weekly divine service or oftener if thought necessary.

And my will and mind also is that when either of my said trustees of the same for the time or times shall happen to die the survivors and survivor of them shall choose and appoint another fit and proper person in his or their stead on whom with the survivors or survivor the conduct and management of the said Chapel shall then devolve so that four trustees shall always for ever hereafter exist to manage the same and appoint the Minister thereof in the majority of whom my will is the nomination and appointment shall always rest. And such Chapel and hereditaments and premises shall always for ever hereafter be conveyed by the surviving or continuing trustees unto such new appointed trustee or trustees in conjunction with themselves upon the trusts and for the ends intents and purposes aforesaid.

And as to all the rest residue and remainder of my personal estate and effects of what nature kind or sort soever or wheresoever situate after and subject to the payment of my just debts and funeral expenses I give and bequeath the same and every part and parcel thereof unto the said James Collins and William Sims and the survivor of them and the executors advisors and assignees of such survivor upon trust that they the said James Collins and William Sims or the survivor of them and the executors advisors and assignees of such survivor shall and do as soon as conveniently may be after my decease set apart or lay out in their names such sum of money arising from such residue as will purchase a sufficient sum in some or one of the public stocks or funds to produce an income of two hundred pounds per annum and that they and the survivor of them and the executors advisors and assignees of such survivor or such future trustee or trustees as shall hereafter be appointed in the place or stead of either of them pursuant to the power for that purpose hereinafter contained shall and do stand and be possessed of such stocks or funds when so purchased and set apart and of all the dividends or interest to arise and arrive thereon from time to time in trust to pay such dividends or interest as and when the same shall arise and arrive unto my said wife Sarah Tyler for and during the term of her natural life or otherwise permit and suffer or fully authorise and empower her to take and receive the same to and for her own absolute use benefit and disposal but nevertheless so and in such manner as that she my said wife shall not anticipate sell mortgage assign or otherwise dispose of all or any part of such dividends or interest. And for that purpose I appoint and declare that the receipt and receipts from time to time of her my said wife notwithstanding any such disposition or any coverture (if any) which she may be under shall alone be to them my said trustees for the time being and the survivor of them and the executors and advisor of such survivor a good and sufficient discharge or discharges for so much of such dividends and interest as shall be therein respectively mentioned or acknowledged to be received. And it is my will that if my said wife shall at any time or times hereafter attempt to make any mortgage sale or other disposition of all or any part of the said dividends or interest the same shall be considered as wholly null and void and that if she shall at any time or times hereafter intermarry with any future husband such dividends or interest or any part or parts thereof shall not be paid or payable to such husband nor shall the same or any part or parts thereof be liable to the sale disposition or encumbrance of such husband but on the contrary such dividends or interest shall be and remain for her sole and absolute use and benefit for and during the term of her natural life notwithstanding any of the acts or matters aforesaid.

And from and immediately after the decease of her my said wife I do hereby direct and declare that they my said trustees for the time being and the survivors of them and the executors and advisors of such survivor shall stand and be possessed of and interested in the said stocks or funds so to be purchased or set apart by my said trustees as aforesaid and in the dividends and interest to arise and arrive thereon until the disposition thereof next hereinafter mentioned in trust thereout as soon as conveniently may be after the decease of my said wife to transfer set apart or apply unto and to the use of my son John Tyler his executors advisors or assignees so much thereof as will produce the sum of one thousand pounds to be received by him or them as a consideration or in lieu of payment of all sugars he may have from time to time supplied me and my family with during my life time but if my said son shall call for payment for all or any part of such sugars and shall obtain payment for the same or an allowance for the same in settling with my executors such monies as he may owe to my estate then and in such case I direct that he shall only be paid such money as with the sum which he may have claimed of my executors or was paid or been allowed by them will make up the sum of one thousand pounds and that he shall not in that case be entitled to any further or other sum of money as a legacy under this my Will (save and except the before mentioned sum of fifty pounds for mourning and the proportionate share of the residue of my estate hereinafter by me bequeathed to him) and that the residue of such last mentioned sum of one thousand pounds which shall remain in such last mentioned case shall go into the general residue of my estate and effects.

And as to the remainder of the stocks or funds so to be purchased by my said trustees as aforesaid (after deducting the above mentioned of one thousand pounds to my said son John Tyler) upon trust that they the said James Collins and William Sims and the survivor of them and the executors and advisors of such survivor so and shall do as soon as conveniently may be after the decease of my said wife pay and divide the same equally between and amongst my daughters Henrietta Newham Ann McPherson and Sophia Huddleston or between and amongst such of them as shall then be living but subject to the proviso next hereinafter contained that is to say that provided always that if either of them my said daughters Henrietta Ann or Sophia shall at the decease of my said wife be dead or shall afterwards die before her one third share of the said last mentioned money or stock shall become payable or divisible bearing a child or children if more than one shall take and be entitled to have the original share of their parent between and amongst them and which last mentioned share shall in such last mentioned case become payable or transferable to him her or them if more than one in equal shares with all intermediate accumulations thereon on such of them attaining the age of twenty one years and on such of them as shall be daughters attaining that age or being married which shall first happen and with benefit of ownership between such last mentioned child or children in the meantime and if there shall be only one such child then that such only child shall take and be entitled to his or her parents’ one third share of such last mentioned sum of money or stock payable at the time and in the manner aforesaid but if either of them my said daughters Henrietta Ann and Sophia shall at the decease of my said wife be dead or shall afterwards die before her share of the said money or stock shall become payable or divisible without bearing a child or children or leaving such and they shall die without attaining the age of twenty one years or otherwise acquiring a vested interest in such share of the said trust monies then that last mentioned share shall go and be divided between and amongst my said other children and children’s children as hereinbefore mentioned.

And my will further is and I do hereby direct that the said James Collins and William Sims or the survivor of them and the executors and advisors and assignees of such survivor do and shall as soon as conveniently may be after my decease lay out and invest the said legacy of two hundred pounds hereinbefore given by me and bequeathed to my said granddaughter Charlotte Bennett in their names in the purchase of Old five per cent Annuities or some other funds or securities and that they the said James Collins and William Sims or the survivor of them and the executors advisors and assignees of such survivor shall and do stand possessed of and interested in the said last mentioned stocks funds or securities so to be purchased as aforesaid and the dividends and interest thereof in trust to pay and apply the said dividends and interest as the same shall from time to time arise and arrive in and towards the maintenance education and support of my said granddaughter Charlotte Bennett during her minority. And when and so soon as she the said Charlotte Bennett shall have attained the age of twenty one years or shall marry under that age which shall first happen in trust that they my said trustees for the time being or the survivor of them and the executors advisors of such survivor do and shall thereupon forthwith pay transfer or assign the said last mentioned stock or funds and all dividends or interest if any then arrived and due thereon unto the said Charlotte Bennett or unto such person or persons as she shall appoint to receive the same to and for her and their own proper use benefit and disposal but in case the said Charlotte Bennett shall depart this life without attaining such age and without being married then in trust to pay transfer or assign the said last mentioned stocks or funds and all the dividends and interest thereon unto my said daughter Charlotte Bennett her executors advisors or assignees to and for her and their absolute use and benefit.

And I direct and declare that neither of my daughters herein before mentioned shall have any disposing power by way of anticipation sale mortgage assignment or otherwise in or over any of the legacies or bequests hereinbefore or hereinafter by me given or bequeathed to them respectively and that the respective receipt or receipts of my said daughters notwithstanding such disposition or any coverture which they or either of them may be under shall alone be from time to time be sufficient discharge or good and sufficient discharges to the trustees paying the same for so much and such part and respective parts of such legacies or bequests respectively as in any such respective receipt or receipts shall be respectively acknowledged to be received. And I further declare that no part or parts of such respective legacies or bequests shall be subject to or liable to the control debts or payments of any husband or husbands they my said daughters have married or may hereafter marry nor shall any part or parts of such respective legacies or bequests pass by mortgage assignment or transfer made or to be made by such husband or husbands.

And whereas I have lately purchased two several annuities one of sixty pounds per annum granted by William Bugham to me and payable from certain leasehold property in the parish of St Leonard Shoreditch and also one other annuity of fifty pounds per annum granted by William Branwell to me and payable from certain leasehold property situate in Eliza Place Pimlico in the County of Middlesex out of which two several annuities as long as they shall severally exist and be payable I intend that my son Robert Tyler shall be paid and enjoy one annuity of eighty pounds payable quarterly. And I do hereby direct my said executors trustees or the survivors of them or the executors advisors or assignees of such survivor to pay him or otherwise permit and suffer him to receive the same accordingly and my will and mind further is and I do give and bequeath the same two several annuities to the said James Collins and William Sims and the survivor of them and the executors advisors and assignees of such survivor upon trust and I do hereby direct that the surplus of the said annuities beyond the annual sum of eighty pounds payable to my said son Robert Tyler as aforesaid (that is to say the sum of thirty pounds per annum) shall be received and enjoyed by my said wife Sarah Tyler during her natural life and from and immediately after her decease then in trust that my said executors and trustees shall pay and apply the said remaining thirty pounds per annum to my said granddaughter Charlotte Bennett for and during her natural life as for and towards her maintenance support and education in case she shall not at the time of my said wife’s decease have attained the age of twenty one years or been married but in case she shall depart this life before my said daughter Charlotte Bennett then I direct that the said sum of thirty pounds per annum shall go in like manner and be paid and payable to my said daughter Charlotte Bennett mother of the said Charlotte Bennett.

And I also will and direct that after the decease of my said wife and my said son Robert Tyler that the aforesaid sum of eighty pounds per annum shall go to and be equally divided and paid and payable to my four daughters Henrietta Newham Ann McPherson Charlotte Bennett and Sophia Huddleston in equal shares and proportions and in case of the death of any or either of my said four daughters the part or share of such one or more of them so dying shall be considered as a vested interest and be descendable to the child or children of her or them so dying.

And my will and mind further is that they the said James Collins and William Sims or the survivor of them and the executors or advisors of such survivor shall and do after paying the aforesaid legacies and setting apart the aforesaid several sums of money as soon as conveniently may be after the decease of my said wife divide the money arising from the sale of my real estate and the residue of my said personal estate into five equal parts or shares and pay and apply one of each such shares unto each of my said children Henrietta Newham Ann McPherson Sophia Huddleston John Tyler and my said granddaughter Charlotte Bennett to and for his her and their respective absolute use and benefit but in case any or either of my said last names children or my said grandchild shall die in my lifetime or without acquiring a vested interest in the division of the last named residue then my will and mind is that the share or shares of him or her so dying shall go and be divided in such and the same manner as is herein before mentioned and expressed concerning the residue of the money to arise from the sale of the stocks or funds which I have hereinbefore directed to be purchased for securing to my said wife an annuity of two hundred pounds or as near thereto as parties and circumstances will admit.

And I do hereby declare that the said James Collins and William Sims and the survivor of them and the executors or advisors of such survivor and the future trustee or trustees acting under this my Will shall from time to time and at all times hereafter be fully authorised and empowered to pay and apply all or any part or parts of the interest or dividends of all or any of the funds set apart or appropriated under all or any of the trusts of this my Will for the benefit of my children as may be infants or for the child or children of such of them as shall die leaving a child or children surviving who shall not have attained the age of twenty one years or otherwise acquired a vested interest in such respective trust funds for their maintenance education and support during their respective minorities and in such shares and proportions as they shall think fit so as that the amount of the interest of his her or their presumptive share of the principal of such stocks and funds and that if there shall remain any surplus of such dividends arising from such trust stock funds and securities or any of them unapplied that the same shall from time to time be laid out and added to the principal to accumulate for the benefit of the persons entitled thereto provided always and I do hereby declare my will and mind to be that if at any time hereafter during the lifetime of the said Robert Tyler either of the said two several annuities shall be repurchased by the respective grantors thereof that then and in such case my said trustees or trustee for the time being shall and do with all convenient speed lay out and invest the principal money to be received for the repurchase of such annuity or annuities in the purchase of one or more annuity or annuities to the same amount or as near thereto as can be procured in their or his names or name and do and shall pay and apply the same annuity or annuities upon such and the life trusts as are hereinbefore declared or expressed concerning the said two annuities of sixty pounds and fifty pounds or if in case at the time of such a repurchase the said Robert Tyler shall have departed this life then that the money shall be received by my said executors and trustees for such repurchase shall be divisible in the same shares and proportions and after such sort manner and form as the rest of my residuary estate and property is hereby directed to be divided and with the same benefit of survivorship. And I do hereby direct and declare that the receipts and receipt of my said trustees for the time being of this my Will shall be a sufficient discharge and sufficient discharges to the purchasers of my real and personal estates and every part thereof for so much of the purchase money as shall be therein expressed or acknowledged to be received and that such purchasers their respective heirs executors advisors or assignees shall not afterwards be answerable or accountable for any loss misapplication or non-application thereof or be in any wise obliged to see to the application of the same. And I do further declare that if the said James Collins and William Sims or either of them shall die or decline to act in the trusts of this my Will before all the trusts thereof shall have been fully executed and performed then that a new trustee or trustees shall from time to time be appointed by the trustee so remaining to act or the executors or advisors of each trustee so dying to whom the said trust estates monies and premises shall thereupon be forthwith conveyed assigned and transferred accordingly so as to vest in such new trustee and trustees for the time being the same estate and interest as was or were vested in such trustee or trustees so dying or declining to act upon the same trusts and with the same powers as are hereinbefore mentioned and declared remaining the same and so from time to time as often as it shall happen that my said trustees or either of them for the time being shall die or decline to act. And I do declare that my executrix and executors hereinafter named and the trustees or trustee for the time being of this my Will shall not be answerable or accountable one for the other nor for any loss or damage that may happen to any part of the said trust or other monies coming to them under this my Will unless the same shall happen by or through their own wilful neglect or default nor shall the one of them be answerable for the acts receipts neglects or default of the other or others of them or for any monies which shall be received by the other or others of them by reason of their joining in any receipt or receipts for the sake of conformity and further that they shall be allowed to retain to and reimburse themselves all costs charges damages and expenses which they may be at or put into in or about the execution of all or any of the trusts hereby reposed in them or otherwise relative thereto.

And I do herby appoint my executrix and executors hereinafter named and the survivors and survivor of them guardians of my said son Robert Tyler whilst he may be under the age of twenty one years.
And lastly I do hereby nominate constitute and appoint my said wife Sarah Tyler and the said James Collins and William Sims executrix and executors of this my Will hereby revoking and making void all former and other Will or Wills Codicil and Codicils by me at any time or times heretofore made and declare this only to be my last Will and Testament. In witness whereof I the said Testator William Tyler have to this my last Will and Testament contained in thirteen sheets of paper set my hand and seal that is to say my hand at the bottom of the twelve preceding sheets and my hand and seal to this thirteenth and last sheet thereof and my seal to the front of the first sheet thereof where all the said sheets are affixed together this twentieth day of March in the year of our Lord one thousand eight hundred and twenty one. William Tyler SS. Signed sealed published and declared by the said Testator William Tyler 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 hereunto subscribed our names as witnesses.
Rice Davies Nicholas Surgeon White Chapel Road. John Jones Solicitor Ball Court Walbrook. Hannah Marton Servant to Mr Tyler.

This is a Codicil to the last Will and Testament of me William Tyler. Whereas I have by my last Will and Testament directed that certain legacies namely to my daughter Charlotte Bennett four hundred pounds to my daughter Sophia Huddleston four hundred pounds should be paid within one calendar month of my decease (except the legacy to my granddaughter Charlotte Bennett) now I do hereby direct and declare that the said several legacies to my said two daughters shall not be payable until one month after the decease of my said wife.

And whereas I have by my said Will directed that the produce of my real estate and the residue of my personal estate shall be parcelled and divided into five equal shares and to be paid and applied as therein directed now I do hereby revoke that part of the said Will which directs the partition and division into five shares and I direct and declare that the same shall be divided into six equal shares and I give and bequeath one sixth share thereof to my son Robert Tyler in common with the said brother and three sisters and niece.

And whereas I have by my said Will given devised unto Thomas Lampton James Stanford and William Nicholson my freehold estate at Edenbridge in the County of Kent with the Chapel thereon erected and built upon the trusts contained in my said Will now I do hereby revoke and make void the same as to the said Thomas Lampton and I nominate William Cork of the same place shopkeeper and …… [thus in the original] Payton Minister of the said Chapel in place of the said Thomas Lampton and I give and devise the said freehold estate to them the said William Cork and ……. [thus in the original] Payton upon such and the life trusts are writed in the said Will.

And it is my will and I do hereby bequeath to my daughter Sophia Huddleston a further sum of five hundred pounds to be paid and payable after the decease of my said wife together with the legacy before mentioned. And as to all other devises bequests directions and declarations contained in my said Will I hereby ratify and confirm the same. In witness whereof I have hereunto set my hand and seal the first day of October one thousand eight hundred and twenty one. W Tyler. SS. Signed sealed published and declared by the Testator as a Codicil to his last Will in the presence of us who in his presence and at his request have subscribed our names as witnesses hereto.
R D Nicholas. John Jones. Hannah Marton.

I William Tyler of Grove Mile End in the parish of Stepney in the County of Middlesex Gentleman being weak in body but of sound disposing mind do hereby make a Codicil to my last Will and Testament bearing date the twentieth day of March one thousand eight hundred and twenty one. Whereas I have lately been informed that a certain annuity or sum of sixty pounds per annum which was purchased by me in March last of William Ingham lately deceased hath not been duly paid and that the same may not hereafter may not be duly received or recovered owing to some defect lately found in the writings or title and whereas by my said Will I have bequeathed and disposed of the same annuity under the expectation that such annuity was good and well served now I do hereby direct and empower my executors and trustees (named in my said Will) in case the said annuity should not be paid wholly or in part to make good unto the person or persons entitled to or interested in the same or any part thereof the said yearly sum or annuity of sixty pounds or any deficiency thereof by which and out of the trust promises and monies that came to their or either of their hands to be secured by such legal means as they or either of them may think proper and to be paid and applied in the same manner and according to the directions expressed and declared in my said will relative to the aforesaid annuity if the same had been good and valid.

And whereas at the request of my daughter Henrietta Newham I have lent and advanced upon the security of the bond of John Newham her husband the sum of one hundred and thirty five pounds now I do hereby further direct that my said executors to deduct out of the sum or share which the said Henrietta Newham may be entitled to under my Will the said sum of one hundred and thirty five pounds together with all interest to accrue due on the said bond.

And I hereby ratify and confirm my said last Will and Testament and the trusts and powers therein declared and set forth and I direct that this Codicil may be sound and be taken as a part thereof. Given under my hand and seal this twenty second day of February one thousand eight hundred and twenty two. Wm Tyler. SS. Signed sealed delivered published and declared by the said William Tyler as and for a Codicil to his last Will and Testament (the same having been first read over to him and he appearing fully to understand the contents) and the date being first altered to the twenty second in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses thereto.
John Florance Solicitor. 2 Victoria Place Mile End. Hannah Marton. Mary Jones.

Proved at London with two Codicils 25th of February 1824 before the Worshipful Sherard Beaumont Burnaby Doctor of Laws and Surrogate by the oath of James Collins and William Sims Esquires the surviving executors to whom admon was granted having been first sworn duly to administer.


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Will of William Tyler
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