The Will of John Archer, Tobacconist of Westminster, Middlesex (Dated 1840)
All names are in bold or large script for ease of reference.
I John Archer of Queen Square and Broadway respectively in the Parish of Saint Margaret Westminster Tobacconist I do ordain this to be my last Will and Testament I desire that my dear children as well as those now established in business as those not already in a way to provide for themselves and my shopmen and other servants shall respectively be provided with suitable mouning at the expense of my residuary personal estate according to the discretion of my beloved wife Jane Archer I bequeath to my eldest son John Alexander Archer a percuniary legacy of five hundred pounds but nevertheless niether the said bequest or the appointment of him hereafter made by me as an executor of this my will or any other matter herein contained shall operate or have effect so as to extinguish or release him from the payment oe discharge of any debt or other liability he may owe or be under to me or my estate at the time of my death in respect of our present copartnership or capital therein employed or on any other account I bequeath to my second son Francis Archer a like percuniary legacy of five hundred pounds as an advancement for him over and above and in addition to the lease of and the goodwill and fixtures belonging to the house and shop in Ryders Court near Leicester Square in the County of Middlesex which I some time ago absolutely and actively relinquished and gave up to him as his own absolute property in consideration of an annual payment of forty pounds per annum to be made by him to me during the term of my life I give to each of my respected friends hereinafter named being John Alexander Thoms of Merton in the County of Surrey Esquire William Paterson of the Broadwy Westminster Boot and Shoe Maker William Beach of Sloan Square Terrace Chelsea Esquire and John Poleworth of Pimlico Esquire a gold ring of the value of five pounds in rememberance of me I give devise and bequeath and by virtue and in execution of every power enabling me in this behalf appoint unto my said son John Alexander Archer and my freind the said John Poleworth all the real estate and all the leasehold chattel real and other personal estate of in or to which shall at the time of my my death be siezed possessed interested or entitled or over which I have my power of appointment or disposition to hold the same according to the nature and property thereof respectively unto them the said John Alexander Archer and John Poleworth their hiers executors and administrators to the uses upon the trusts and for the intents and purposes hereinafter expressed that is to say as to my freehold messuage situate in Snows Rents York Street my freehold messuage situate on the North side of Lewisham Street my freehold messuage situate on the Wesst side of Queen Square wherein I now reside and my freehold messuage situate on the North side of Queens Square Place all in the Parish of Saint Margaret Westminster To the use of them the said John Alexander Archer and John Poleworth and their hiers during the life of my said wife Jane Archer upon trust to pay her or otherwise permit and suffer her to recieve and take for her own sole use and benefit all rents profits and benefits of arising from or incident to the same freehold messuages respectively during the term of her natural life free from the control engagements or interference of any husband with whom she may intermarry and from and immediately after her decease then as to my said freehold messuage situate in Snows Rents aforesaid to the use of my said son John Alexander Archer his hiers and assigns for ever and as to my said freehold messuage situate on the North side of Lewisham Street aforesaid to the use of my said dear son Francis Archer his hiers and assigns for ever and as to my said freehold messuage situate on the North side of Queens Square Place aforesaid to the use of my son Charles Archer his hiers and assigns for ever and as to my said freehold messuage situate on the West side of Queen Square aforesaid to the use of my daughter Elizabeth Archer her hiers and assigns for ever and as to all other my real estate (if any) and as to all such parts of my personal estate as shall consist of leasehold or chattel real estates upon trust that the same may be a fund and security for the payment of the annuities hereinafter given by me to my son Henry Archer and Frederick Edwards Archer respectively and subject thereto upon trust for my said wife Jane Archer her hiers executors administrators and assigns absolutely I derect that the residue of my personal estate shall be the primary fund for the payment of my debts the expences of my funeral and percuniary legacies hereby given and the expences of proving this my will and subject thereto I give and bequeath the same unto my said beloved wife Jane Archer absolutely provided always that notwithstanding any thing hereinbfore expressed my said residuary real estate (if any) and all my leasehold chattel real and other personal estate effects and property hereinbefore given and bequeathed by me to my said wife are so given and bequeathed to her upon this express condition that she do during the term of ten years from the day of my decease if she and my dear son Henry Archer should jointly so long live pat to my said son Henry Archer an annuity or yearly sum of fifty pounds by half yearly payments and thay she also do during the said term of ten years from the day of my decease if she and my dear son Frederick Edwards Archer should jointly so long live pay to my said son Frederick Edwards Archer a similar annuity in like manner and it is my will that if my said sons Henry Archer and Frederick Edwards Archer or either of them should be monors or a minor at the time of my death the annuity hereby given to such minor respectively shall from time to time as the same shall arrive due during his minority be placed out and invested in three per cent consolidated annuities in the names of my personal representives for the time being so that the same and all intermediately acruing dividends (which dividends are to be invested in like manner) may accumulate and be transfered to the said minors or minor respectively when they or he respectively shall attain the age of twenty one years and so also that in the event of the decease of my said sons Henry Archer and Frederick Edwards Archer or either of them under the age of twenty one years all accumulations which shall have previously accrued upon or in respect of the annuities or annuity hereby given to them or him so dying and the dividends thereon shall be deemed part of my reiduary personal estate hereinbefore disposed of and as such be the absolute property of my said wife and my will and desire is that my said beloved wife do continue after my decease to carry on the trade or business of a Tobacconist and Snuff manufacturer in the manner wherein the said trade or business shall be carried on by me at the time of my death in copartnership with my son John Alexander Archer and I leave and entirely confide to the affection and discretion of my said beloved wife (but without revoking any express or implied trust capable of being enforced either at law or in equity) the education advancement and settlement in life of all our children not already settled or established in life nevertheless I do hereby declare my wish and intention to be that my said son John Alexander Archer shall from the quarter day next after my death be admitted by my said wife to participate with her in the net profits of the said copartnership business to the extent of one moiety of the said profits but subject nevertheless to such stipulations terms and conditions respecting the capital to be for the time being employed in the said trade as she my said beloved wife in her own sole and most unqualified discretion shall deem necessary and proper and I appoint my said beloved wife and the said John Poleworth and John Alexander Archer to be the executors of my will and I appoint my said beloved wife and after her decease the said John Poleworth and John Alexander Archer and the survivor of them to be guardians and guardian of my infant children or child whom I may leave lastly I revoke all wills and testamentary appointments or dispositions which at any time heretoforer have been made by me and do declare this to be my last Will and Testament in witness whereof I have signed my name at the foot or end of this my last Will and Testament written upon three sheets of paper now fastened together and have also subscribed my name to the contents of each of the other two sheets thereof this nineteenth day of November in the year of our Lord one thousand eight hundred and forty John Archer [signed] signed published and declared by the above named John Archer as and to be his last Will and Testament in the presence of us (present at the same time) who in testimony thereof and at his request have hereunto subscribed our names as witnesses thereto in his presence and in the presence of each other George H. Malme [signed] 20 Brixton Place Brixton Surrey Joseph Samuel Joyner [signed] 30 Sudely Street Islington.
Proved at London 24th April 1841 before theWorshipful William Clalverley Curtis Doctor of Laws and Surrogate by the oaths of Jane Archer Widow the relict and John Polwarth (in the will written Poleworth) John Alexander Archer the son the executors to whom administration was granted having been first sworn duly to administer.
John Archer's wife was Jane Locke the daughter of John Locke & Jane Ollier, Jane Ollier was the daughter of Joseph Ollier the Attorney at Law of Northwich, Cheshire.