The Will of George Charles Benton a Pawnbroker & Silversmith of 244 Holborn High
(Dated 1833 & 1839)
All names are in bold or large script for ease of reference.
This is the last will and testament of me George Benton of No. 244 High Holborn in the County of Middlesex Pawnbroker and Silversmith made in manner following I will and direct that all my just debts funeral and testamentary expenses be paid by my trustees and executors hereinafter named I give and bequeath all my goods and chattels money in the funds stock in trade and all other my personal estate of what nature or kind soever the same may be at the time of my decease (subject to a legacy of one hundred pounds to my son James as after mentioned) unto my son Edward Benton and John Dawson Lowden of No. 205 Fleet Street in the City of London Druggist and the survivor of them and the executors and administrators of such survivor upon trust as soon as convieniently may be after my decease to sell and dispose of such parts of my personal estate as shall not consist of money either by public auction or by private contract as they shall think fit and invest the money to arise therefrom either in the public funds or upon government or real securities at interest and from time to time to vary and change the securities upon which any part of my personal estate may be invested and upon further trust to divide my said personal estate into four equal parts and as to one equal fourth part thereof to pay and apply the annual interest and dividends thereof to my wife Matilda and her assigns for and during the term of her natural life for her own seperate use and benefit and from and after her decease then to pay and divide the principal sum from which such interest shall arise in manner hereinafter mentioned and upon further trust to pay the principal of one other fourth part of my said personal estate to my said son Edward Benton his executors and administrators absolutely and upon further trust to pay the annual interest and dividends of one other fourth part of my said personal estate and also the interest and dividends of such accruing share as aftermentioned to my daughter Rhoda (the wife of John Ellis of No. 15 Old Broad Street in the City of London Engraver) and her assigns for and during the term of her natural life and from and after her decease as to the princapal sum upon the trusts hereinafter mentioned and upon futher trust to pay the interest and annual dividends of the remaining one fourth part of my said personal estate and also the interest of such contingent accruing share as aftermentioned to my daughter Eliza Benton and her assigns until she shall attain the age of twenty one years or until she shall be married which shall first happen and from and after her attaining her said age of twenty one years or being married as aforesaid then as to the said principal sum upon the trusts hereinafter mentioned and upon this further trust from and after the decease of my said wife to pay and divide the said fourth part or share of my said personal estate the interest of which I have so beqeathed to her for her life as aforesaid unto and amongst my said children Edward Benton Rhoda Ellis and Eliza Benton in equal shares to be paid to them at such times and in manner hereinbefore and hereinafter mentioned in case they shall be all then living but in case of the decease of any one or more of them in the lifetime of my said wife without leaving lawful issue then to pay and divide his her or their share or shares to the survivor of them but nevertheless such accruing shares to be subject to the like powers and dispositions by them respectively as are hereinafter given to them with regard to their respective original share and shares and I do hereby declare my will to be that the annual interest and dividends of the said one fourth part of my said personal estate and also of such contingent accruing part or share thereof upon the decease of my said wife hereinbefore given and bequeathed to my said daughter Rhoda Ellis for her use as aforesaid are so given and bequeathed to her for her sole and seperate use and not to be in any manner subject to the debts or engagements of her present or any future husband her receipts alone to be sufficient discharges to my said trustees for the same and from and after her decease I give the whole of the original and also of the said contingent accruing share of my said daughter Rhoda Ellis of and in my said personal estate to her son George Edward Ellis his executors absolutely but in case the said George Edward Ellis shall depart this life in the lifetime of his said mother before he shall have attained the age of twenty one years and without leaving lawful issue then I give and bequeath the same to such person and persons and in such shares manner and form as my said daughter Rhoda notwithstanding her then present or any future coverture shall by any writing under her hand or by her last will and testament in writing or codicil or codicils thereto shall direct or appoint and in default of such direction or appointment or in case the same shall be incomplete then I give and bequeath the same to such person or persons as shall be then my next of kin under the statutes made for the distribution of intestates effects provided always and I do hereby authorize my said trustees and trustee for the time being during the minority of the said George Edward Ellis with the consent in writing of my said daughter Rhoda Ellis in her lifetime and after her decease of their own authority to pay and apply so much of the expectant fortune of the said George Edward Ellis not exceeding one half thereof for and towards his maintenance and education or for placing him in a business or profession as they or he shall in their or his discretion think fit and as to the said original one fourth and contingent accruing part or share of my said daughter Eliza Benton of and in my personal estate I hereby declare my will to be that the interest and dividends thereof so given and bequeathed to her and her assigns for her life on her attaining twenty one or being married as aforesaid shall so and be for her own sole and seperate use in case she shall attain her age of twenty one years or be married as aforesaid and the same one not to be subject to the debts and engagements of her then present or any future husband with whom she may intermarry her receipts alone to be sufficient discharges to my said trustees for the same and from and after the marraige of my said daughter Eliza as aforesaid then I give and bequeath one moiety of such interest and annual dividends to her my said daughter for and during the term of her natural life for her sole and seperate use notwithstanding her then present or future coverture as aforsaid and I do hereby authorize and empower my said daughter Eliza to apply and dispose of the principal from which such moiety of interest shall arise to and amongst the child or children of my said daughter by her then present or any future husband in such shares and manner for his her or their advancement education maintenance and preferment in the world as she may by any writing under her hand or by her last will and testament in writing or any codicil or codicils thereto direct and appoint And as to the other moiety of the principal of the said expectant fortune of my said daughter Eliza so bequeathed to her upon attaining twenty one or being married as aforesaid I give and beqeath the same (upon the happening of either of those events) to my said daughter Eliza her executors and administrators absolutely but in case my said daughter Eliza shall depart this life without having been married or having been married without having lawful issue then I hereby authorize and empower her to dispose of the whole or such part or parts of her said expectant share of my said personal estate as shall not have been previously disposed of to such person or persons and in such shares manner and form as my said daughter Eliza shall by any writing under her hand or by her last will and testament in writing or any codicil or codicils thereto direct or appoint and in default of such direction or appointment or in case the same shall be incomplete then I give and bequeath the same to such person or persons as shall then be my next of kin under the statutes made for the distribution of intestates effects I give and devise all my estate right title and interest of in and to a retain piece or parcel of ground situate in Lamb Alley Blackman Street in the Parish of Saint Mary Newington Butts in the County of Surrey now unocupied to my said son Edward Benton his hiers and assigns. forever I give and bequeath to my said son James Benton the sum of one hundred pounds to be paid to him within six months after my decease free from all deductions whatsoever on account of legacy duty or otherwise at use I hereby nominate constitute and appoint my said son Edward Benton and the said John Dawson Lowden joint executors of this my will hereby revoking all former wills by me made in witness whereof I the said George Benton have to this my last Will contained in three sheets of paper set my hand to the two first sheets thereof and my hand and seal to this third and last sheet this twentieth day of February one thousand eight hundred and thirty three Geo. Benton [signed & seal] signed sealed published and declared by the said George Benton the testator in our presence Thomas Wright 40 Snow Hill London [signed] George Adnum [signed] Shopman to Mr Geo. Benton Robt. Lightfoot [signed] Star Yard Carey Street Lincolns Inn.
I George Benton do make this codicil to my last Will and Testament whereas I have by my said will appointed John Dawson Lowden of Fleet Street in the City of London Druggist one of my executors now I do hereby revoke such appointment and in his place nominate and appoint John Eddis No. 14 Southampton Street Grays Inn Lane Road Law Clerk in his place with all the same powers as if he had been originally named an executor in my said will and I hereby bequeath to him the sum of ten pounds witness my hand and seal this fifth day of December one thousand eight hundred and thirty nine Geo. Benton [signed & seal] signed and sealed in the presence of Charles Baker [signed] Assistant to Mr Geo. Benton 244 High Holborn Robt. Lightfoot [signed] 5 Brownlow St. Holborn Gent.
In the goods of George otherwise George Charles Benton deceased.
Appeared personally Charles Baker of High Holborn in the County of Middlesex Pawnbroker and made oath that he is one of the subscibed witnesses to the codicil to the last Will and Testament of George otherwise George Charles Benton late of No. 244 High Holborn in the County of Middlesex Pawnbroker deceased bearing date the fifth day of December one thousand eight hundred and thirty nine and now hereunto annexed and he further made oath that on the fifth day of December aforesaid the said testator duly executed the said codicil by signing his name at the foot or end thereof in the presence of this deponent and of Robert Lightfoot the other subscribed witness thereto who was present at the same time and this deponent and the said Robert Lightfoot thereupon set and subscribed their names as witnesses attesting the execution thereof in the presence of the said testator, and the lastly made oath that having particularly refered to the words "Law Clerk in his place" interlined between the fourth and fifth lines of the said codicil and the words "and hereby bequeath to him the sum of ten pounds" interlined between the said fifth and sixth lines thereof this deponent saith that the said recited interlineations were so made previously to the execution of the said codicil Charles Baker [signed] on the eighth day of February 1843 the said Charles Baker was duly sworn to the truth of this affidavit before me A.F. Bayford Sur. Chest. Jno. Wills Not. Pub.
Proved at London with a codicil 9th February 1843 before the Worshipful Augustus Frederick Bayford Doctor of Laws and surrogate by the oaths of Edward Benton the son the executor named in the will and John Eddes ( in the codicil written as Eddis) the executor named in the codicil to whom administration was granted having been first sworn duly to administer.
Names mentioned in the will of George Charles Benton are shown below:
His son's James & Edward Benton.
Mentions John Dawson Lowden of 205 Fleet St, London, Druggist.
His second wife Matilda (Nee Knight)
Daughter Rhoda the wife of John Ellis of 5 Old Broad St. London.
Daughter Eliza Benton.
Grandson George Edward Ellis.
Executors Edward Benton (son) & John Dawson Lowden.
The will was signed by George Charles Benton and witnesses Thomas Wright of 40 Snow Hill, London, George Adnum, Shopman to Mr George Benton & Robert Lightfoot of Star Yard, Carey St, Lincoln's Inn.
In a Codicil to the will (dated 1839)
John Dawson Lowden, one of the named executors in the will of 1833, is replaced by John Eddes.
George (Charles) Benton was mentioned in the will of Alice Ollyer, spinster of Fovant, Wilts. dated 1808, he married Alice's neice Rhoda, It is most probable that Rhoda was from the"Troutbeck" family, probabley the daughter of Charles Troutbeck & Rhoda Chandler. After Rhoda died (date unknown) George Charles Benton married Matilda Knight. Also note that George Benton, George Charles Benton's son, is not mentioned in the will, wether he died before the will was made or took over his farthers shop in lieu of the will, is not known to date, however he was alive in 1822 & 1824 as per the records of the Old Bailey, he was a witness to a trial there in that year. No record has been found for him in the 1841 Census.
Note: Georges daughter Rhoda and her husband John Ellis emigrated not long after Georges death to Canada where John Ellis was an Engraver of some note.