WILLIAM SWINSCOW 1840

This is the last will and testament of me William Swinscow of Church Street in the parish of Christchurch in the County of Surrey Hat Manufacturer I do hereby revoke all other wills and testamentary dispositions by me at any time heretofore made and declare this to be my last will and testament I give and bequeath unto my dear wife Elizabeth a sum of one hundred pounds and to each of my children who shall be living at the time of my decease except my daughter Eliza the widow of Thomas James Griffiths the sum of ten pounds and to my said daughter Eliza Griffiths the sum of twenty pounds for her own sole and separate use for the purpose of providing my said wife and children with sufficient mourning and other necessaries and I direct my executors hereinafter named to pay the said several legacies out of the first monies which shall come into their hands under this my will I also give and bequeath unto my said dear wife Elizabeth all such parts and articles of the household furniture plate silver china books pictures wines and liquors and other household effects being in upon or about my dwelling house in Church Street aforesaid as she may choose to select for her own sole and absolute use and benefit I also give and bequeath unto my friend Mr Thomas Sprague of Queen Street Cheapside in the City of London Stationer one of my executors and trustees hereinafter named the sum of twenty five pounds as a small remuneration for the trouble hereby imposed upon him and I give bequeath unto Gabriel Wirkham if he shall be living with me at the time of my decease the sum of ten pounds and I also give and bequeath unto Jane Cottrell widow of John Cottrell of Buxton in the County of Derby the sum of ten pounds and I direct that all the last mentioned legacies shall be paid within six months after my decease I also give devise and bequeath unto my said dear wife Elizabeth all that my freehold messuage in tenancy hereditaments and premises situate at London in the County of Middlesex which I lately purchased of Mr Joseph ?holls and also all my interest and term and terms of years in all that my messuages tenantcy and premises situate lying and being at Tottenham in the said County of Middlesex to hold to my said wife and her assigns for and during the term of her natural life she keeping or raising the same to be kept in proper tenantable and substantial repair and condition to the satisfaction of my trustees hereinafter named and from and immediately after her decease I give devise and bequeath the said messuages tenements and premises unto my sons William Swinscow and Thomas Swinscow and to my said friend Thomas Sprague their heirs and assigns to hold the same unto the said William Swinscow Thomas Swinscow and Thomas Sprague their heirs and assigns for ever upon trust that they the said William Swinscow Thomas Swinscow and Thomas Sprague or the survivors or survivor of them or the executor or admors of such survivor do and shall as soon as conveniently may be after the decease of my said dear wife sell and absolutely dispose of the same either by public auction or private contract and for the best price or prices that can be reasonably had or obtained for the same and to the same accordingly and to the stand possessed of the proceeds arising for such sale upon the trusts hereinafter declared of and concerning my residuary estate and I also will and direct that my said dear wife shall be at liberty to live in and occupy my said dwelling house and premises in Church Street aforesaid if she shall so elect except such parts thereof as are usually occupied in the course of my business and appropriated thereto she paying the annual rent of forty pounds for such occupation to fall into my residuary estate she during such occupation and tenancy keeping the same in a proper and sufficient state of repair and whereas I now carry on the trade of business of a hat manufacturer and I purpose to take my two sons William and Richard Brown into co partnership with me in the said business from and after the twenty fifth day of December One Thousand eight hundred and thirty nine and I am desirous of making provision for the due carrying on of my said business in case of my decease previous to that period for the ? of my residuary estate as hereinafter mentioned and at the expiration of that period that the same should be relinquished in favour of my said sons William and Richard Brown in manner hereinafter mentioned and whereas my stock in trust fluctuates considerably in quantity and value from time to time and I consider the sum of five thousand pounds a sufficient capital to be employed therein now therefore I hereby give and bequeath as unto my said dear wife Elizabeth and the said Thomas Swinscow and Thomas Sprague and the survivors and survivor of them and the executors and admors of such survivor all my stock in trade utensils implements and effects employed in that said business at the time of my decease if the same shall not exceed in value the sum of five thousand pounds according to an appraisement thereof to be made by some respectable and competent person in the same line of business and in case my said stock in trade implements and effects shall according to such appraisal exceed in value the sum of five thousand pounds then I direct my said wife and trustees or the survivors or survivor of them or the executors or admors of such survivor to select such parts and portion thereof as they or he shall think fit but not exceeding in value in the whole according to such appraisement the sum of five thousand pounds and I direct that the residue of such stock in trade shall be sold at the direction of my said wife and trustees and trustee for the time being and become part of my residuary estate hereinafter mentioned but in case it shall happen at the time of my decease that the value of the said stock in trade utensils and implements shall not according to such appraisement amount to the sum of five thousand pounds then I give and bequeath unto my said wife and trustees or trustee for the time being so much money as with the amount of the value thereof shall make up the full sum of five thousand pounds and I hereby declare that it is not my intention arbitrarily to fix the stock in trade of the said business at the amount of five thousand pounds but that my said wife and trustees or trustee for the time being shall be at full liberty to increase or diminish the same according as they shall think most advisable so that any such increase shall be taken out of the proceeds of the said business and I also give and bequeath unto my said wife and trustees or trustee for the time being the goodwill of my said business and all my interest therein and also all messuages tenements warehouses workshops hereditaments and premises now of hereafter to be employed therein except the dwelling part of my house in Church Street aforesaid in case my dear wife shall choose to occupy the same as hereinbefore is mentioned and I declare that my said wife and trustees or trustee for the time being shall stand possessed of the said stock in trade implements and effects goodwill and premises except as aforesaid upon and for the trusts intents and purposes and with under and subject to the powers provisos and declarations hereinafter contained expressed and declared of and concerning the same that is to say upon trust that they my said dear wife and my said trustees or trustee or the survivors or a survivor of them or the executors or admors of such survivor so and shall carry on manage and conduct my said trade or business until the twenty fifth day of December one thousand eight hundred and thirty nine for the benefit of my residuary estate and I do hereby authorize and empower my said wife and trustees and the survivors or survivor of them and the executors or admors of such survivor to carry on and I direct that they and he shall have the whole sole and complete control and management of the said trade or business and shall in all things carry on and conduct the said same according to the best of their and his judgement and ability as I might or could have done if I were living and acting therein and I also direct and declare that is shall be lawful for my said wife and trustees and the survivors and survivor of them and the exors or admors of such survivor to enter into such contracts or agreements respecting the said trade or business as they or he shall think proper and also to increase or diminish the concern of the said trade or business from time to time and out of the profits of the said trade or business to make all such purchases for the benefit of the said concern as they or he shall think proper and to adjust settle and if necessary compound and compromise all accounts debts and sums of money which shall become due to or from them in respect of the said business and to hire use and employ all necessary clerks and work men paying them the usual salaries and to do all such other matters and things for the benefit of the said trade or business and to execute all such acts and deeds relative to thereto as they or he shall think fit and as if they or he were absolutely entitled to the said trade or business and I direct that my said dear wife and trustees and the survivors and survivor of them and the executors or admors of such survivor do and shall keep or cause to be kept full ? and particular accounts in writing of all and singular the sales purchases payments and receipts relating to the said business so as from time to time to exhibit and show forth the state thereof and as to the shear gains and profits to arise from the said business I hereby direct that my said wife and trustees and the survivors and survivor of them and the executors or admors of such survivor do and shall stand possessed thereof upon the same trusts as are hereinafter mentioned and declared of and concerning my residuary personal estate provided always and I hereby direct that during such time as the business shall be carried out by my said wife and trustees and the survivors and survivor of them and the exors or ? of such survivor my said sons William and Richard Brown shall be employed in carrying on managing and conducting the same under the control of them my said trustees and trustee for the time being and that they shall retrieve sufficient for the carrying on and managing the same not less not less in amount than they shall be receiving of me at the time of my decease and I direct that upon and after the twenty fifth day of December one thousand eight hundred and thirty nine if my said sons William and Richard Brown or either of them shall be ? and desirous of continuing and carrying on the said business and shall give to my said wife and or trustees or the survivors or survivor of them or the executors or amors of such survivor one months notice of such their or his intention and desire then that my said wife and trustees or the survivors or survivor of them or the executors or admors of such survivor shall forthwith name a competent person in the same line of business on their behalf and my said sons William an Richard Brown shall also forthwith name another like competent person on their behalf to ascertain the value of the said stock in trade utensils and implements in the said business and also the value of the lease of the said premises in Church Street aforesaid and that appraisement and value thereof so to be ascertained shall be taken to be and shall be binding upon my said trustees or trustee for the time being as also upon my said sons provided always that my said sons or either of them as the case may be shall not in such case be required to pay any consideration for the goodwill of the said trade or business and I direct that the sum at which the said capital stock in trade utensils and implements shall be so valued shall be taken by my said sons William and Richard or such one of them as shall carry on the said business for so much of their or his respective shares or share of my residuary personal estate which at the expiration of Christmas One thousand eight hundred and thirty nine shall be divisible including such stock as hereinafter mentioned and in case the amount of such valuation shall be found to exceed the amount of the said share of my said sons or son as the case may be which shall become payable and divisible at that period then I direct that such excess shall be paid by my said sons or son as the case may be to my said wife and trustees and that she and they shall and may accept such security and give such time for payment thereof as she and they shall think proper without being in any manner personally liable on account thereof but nevertheless so that the full legal interest shall be ? thereon and shall be paid and accounted for accordingly and I do also declare that my said sons or son as the case may be shall not be bound or obliged to pay off in any one year more than the sum of one thousand pounds towards the discharge of such excess for which time for payment shall be given as aforesaid provided always and I hereby declare that my said wife and the trustees for the time being shall in no ways be answerable for any losses damages or expenses which may be incurred or sustained in the management and carrying on of the said business but that the same shall and defrayed out of the profits thereof or out of the capital stock and effects thereof and if they should prove insufficient then from and out of my residuary estate provided always and in case neither of my said sons shall survive me of if surviving shall not be inclined to enter into and carry on my said business then I direct that the said stock utensils and implements as also the goodwill thereof shall be sold and disposed of by my said trustees or trustee in such manner as they or he shall deem most advisable and the clear surplus of the monies to arise by such sale shall immediately form part of my residuary estate and I do hereby give devise and bequeath unto my executors hereinafter named and their heirs executors admors and assigns all my money in the funds and all my securities for money and all debts due and owing to me at the time of my decease and all the rest residue and remainder of my real and personal estate whatsoever and wheresoever and I direct that they and he shall stand and be possessed of and interested in the same estate and effects upon trust as soon as conveniently may be after my decease to sell dispose and convert into money so much thereof as shall not consist of money or securities for money and as shall be in its nature saleable and collect get in and receive the residue thereof and stand possessed thereof upon trust in the first place as soon as conveniently may be after my decease to pay and satisfy all my funeral expenses and the costs and charges of proving and establishing this my will and carrying out the same into execution and the several legacies given by this my will and upon trust in the second place to invest in the named of the said Thomas Swinscow and Thomas Sprague and the survivor of them and the executors or admors of such survivor in some one of the parliamentary stocks or funds of Great Britain a sufficient portion of such residue to raise an annuity or sum of four hundred pounds per annum and I direct that the dividends to arise therefrom shall be paid half yearly to my said dear wife Elizabeth for and during the term of her natural life for her own sole and separate use and benefit and I declare it to be my will and intention that the provisions hereinbefore made for or in favour of my said wife shall be accepted for taken by her in full satisfaction and in law of all right and title to dower thirds or other allowance at Common Law or by Custom or otherwise and I further direct my said executors or executor to invest in the like names and funds a further portion of the said residuary estate sufficient to raise an annuity or sum of twenty pounds per annum and I direct that the dividends to arise therefrom shall be paid half yearly to the said Jane Cottrell widow for and during the term of her natural life and whereas it is my intention to make an equal division of the property I may have at the time of my decease among my children subject to the provisions hereinbefore made for my said dear wife and the privilege given to my said sons William and Richard Brown of carrying on the said business and to the annuity to the said Jane Cottrell widow now I do direct that my said executors or executor shall as soon as conveniently may be after the twenty fifth day of December one thousand eight hundred and their nine divide the clear residue of my said estate which shall remain after paying the several legacies debts funeral and testamentary expenses and making provision for the several annuities hereinbefore given devised and bequeathed and for carrying on my said business as hereinbefore is directed into equal portions and I give devise and bequeath one equal portion thereof unto each of my children namely Eliza the widow of Thomas James Griffiths William Thomas Richard Brown James Edward Mary and Emily in manner hereinbefore mentioned and any future child or children which may hereinafter be born to me either in my lifetime or in due time after my decease subject however to such deductions on account of advancement in my lifetime as hereinafter is mentioned and I also direct and declare it to be my will and intention that my said executors and executor after the decease of my said dear wife and the said Jane Cottrell widow shall stand possessed of the said stock and funds so invested to meet the said annuities and of the proceeds to arise from the sale of my said messuages tenements and premises bequeathed to my said wife for her life upon the same trusts as are hereinbefore declared of and concerning the said first portion of my residuary estate or as near thereto as circumstances will allow and to pay and apply the same as soon as conveniently may be accordingly and I do hereby declare that in case either of my said child or children shall happen to depart this life in my lifetime leaving lawful issue that then the share or shares to which my said child or children would have been entitled under this my will if living at the time of my decease shall go to and belong to such issue all such issue taking their respective parents shares only as tenants in common and to become vested in such issue on their attaining their respective ages of twenty one years and I do direct that the shares of my residuary estate so bequeathed to my said sons shall become a vested interest in each of them and transmissible as and when they attain their respective age of twenty one years and in the meantime and until they shall respectively attain their said age of twenty one years I direct my said trustees or trustee to invest their respective shares in the same in Government of other securities in separate accounts and as to the shares of my daughters in the said residuary estate I give and bequeath the same to my said trustees the said Thomas Swinscow and Thomas Sprague and the survivor and the executors or admors of such survivor upon trust to reinvest the same in some one of parliamentary funds of Great Britain or upon other real security in a separate account for the share of each of my said daughters and to receive the interest dividends and annual produce thereof and to pay the same into the proper hands of each of my said daughters respectively or of such person or persons as they shall ? from time to time appoint but not by way of anticipation and for her own sole and separate use independent of and from the control of any husband with whom she may intermarry and I hereby declare that the receipts of my said daughters respectively or of such person as they shall respectively appoint shall be sufficient discharge for the said dividends interest and annual produce so from time to time to be received and from and after the decease of such respective daughters then upon trust to pay the said interest dividends an annual produce thereof to the husband if any her surviving of every such daughter so dying for and during the time of his natural life and from and after the decease of the survivor of each of my said daughters and her respective husband upon trust as to the share of that daughter so dying for all and every child and children of such daughter who being a son or sons shall attain the age of twenty one years or die under that age leaving issue of his or their body or being a daughter or daughters shall attain the said age or marry under that age with the consent of her parents or parent or guardian for the time being to be equally divided between and amongst them if more than one in equal shares as tenants in common and if there shall be one child such child the whole to be in trust for that one or only child and in case either of my said daughters shall depart this life without leaving issue who shall live to attain a vested interest in the said trust monies then upon trust to pay and apply the said respective shares of my said daughters so dying unto such person or persons and in such parts shares and proportions subject to the interest of her husband if any her surviving as my said daughter shall by any writing under her hand to be signed in the presence of two or more respectable witnesses by her last will and testament in writing to be signed in the presence of a like number of witnesses shall direct limit appoint devise or bequeath and whereas I have advanced unto my son William five hundred pounds and unto my son Thomas ? sums in anticipation of their respective shares of my property and whereas also I advanced to my said daughter Eliza Griffiths upon her marriage a like sum of five hundred pounds and whereas I may advance other monies to some one or more of my children during my lifetime now I do hereby direct and declare my will and mind to be that all advances of money and monies due to me from any of my said children shall be deducted from their respective shares of and in my said residuary estate and shall be considered as part and parcel of such shares respectively and I do hereby direct that my said wife shall receive a fair compensation for the board and clothing of such of my children as shall be minors and shall live with her out of the dividends interest and annual produce to accrue due on his her and their respective shares of my said residuary estate and I do also declare that after the decease of my said wife and during such time as my said children or their issue intitled under any of the trusts herein contained or any of them being a son or sons shall be under the age of twenty one years or being a daughter or daughters shall be under that age and unmarried the said trustees or trustee for the time being shall appropriate all or a competent part of the interest dividends and annual produce of the share to which such child or children or their issue shall for the time being be entitled under the trusts and provisions hereinbefore declared and contained for or towards his her or their maintenance education and advancement or otherwise for his her or their benefit provided always and I do hereby direct that in case any one or more of my said children who shall survive and being a son or sons shall be under the age of twenty one years or being a daughter or daughters shall be under that age and without being married or leaving any lawful issue that then and in every such case my said wife and trustees or trustee for the time being shall stand possessed of the share or shares as well original as accruing of the child or children so dying upon trust for the survivors or survivor of my children and the lawful issue of all such as may be dead such issue to take their respective parents shares only in equal shares as tenants in common and to be vested in and paid and transferred and held liable in all respects to the same trusts as are hereinbefore declared of and concerning the original shares of each of my said children or their issue in my said residuary estate provided always and I do hereby further direct and declare that my said trustees and trustee for the time being with the consent of my said wife during her life and after her decease of their and his own proper authority shall and may from time to time and as often as they shall think proper sell transfer and dispose of the capital of the said trust monies or either of them or any part thereof and invest or reinvest and lay out the money arriving therefrom in any other of the public funds or in government or real securities and stand possessed thereof upon the same trusts as are hereinbefore declared of and concerning the same trusts monies to such of the said trusts as shall be then subsisting and capable of taking effect provided always and I do hereby further declare that it shall be lawful for the trustee or trustees for the time being or at any time or times during the life of my said wife with her consent and after her decease or marriage at their or his discretion to raise and apply any part of the expectant share or shares to which any child or children shall for the time being be entitled under the trusts and provisions hereinbefore declared and contained although the same may not then have become a vested and transmissible interest for or towards his her or their preferment ? or benefit so as that the same shall not exceed in the whole the sum of five hundred pounds for each every such child provided always and I do hereby further declare that until the whole of the said trust monies stocks funds and securities shall become vested in such child or children or the child or children of any such child or children the said trustees or trustee for the time being shall receive the interest and dividends of the said trust monies and the stocks funds and securities thereof such part thereof as shall be unapplied and undisposed of under and by virtue of the trusts and provisions hereinbefore declared and lay out and invest the same in his or their names or name in any of the stocks funds and securities hereinbefore mentioned so that the same may accumulate by way of compound interest and shall and may from time to time alter and vary the accumulations for the time being made into other stocks funds and securities of the like nature at their and his discretion and at the end of the period hereby limited for such accumulations the said trustees or trustee for the time being shall stand and be possessed of the said trust monies and the accumulations which shall have been made and the stocks funds and securities in which the same shall have been invested and the interest and dividends thereof upon and for the same trusts interests and dividends thereof upon and for the same trusts interests and purposes and with under and subject to such and the same powers provisos and declarations as are hereinbefore expressed and declared of and concerning the fund from which such accumulations shall have proceeded and give devise and bequeath to the said Thomas Swinscow and Thomas Sprague their heirs executors admors and assigns all the estates which at the time of my decease shall be vested in me or upon any trusts or by way of mortgage with their rights members and appurtenantcy to hold the said estates unto the said Thomas Swinscow and Thomas Sprague their heirs executors admors and assigns according to the nature and quality thereof respectively upon trust to dispose of the said trust estates in the manner in which they ought to be sold or disposed of pursuant to the said trusts and on payment of the money secured on mortgage to convey or assign the estates in mortgage to the person or persons entitled thereto for the time being but the money secured by or upon any such mortgages shall be considered and taken as part of my personal estate and I appoint my said wife Elizabeth and my sons William Swinscow and Thomas Swinscow and the said Thomas Sprague executors of this my will and I appoint my said wife and the said Thomas Swinscow and Thomas Sprague and the survivors and survivor of them guardians and guardian of the persons and estates of my child or children during his her or their minority or respective minorities and I do hereby declare that the receipt or receipts of my said executors and of my said trustees for the time being or the survivor of them or the executors or admors of such survivor for any sum or sums of money payable to them or him or any of them under or by virtue of this my will shall be a sufficient and effectual discharge or ? or effectual discharge for the same respectively or so much thereof respectively as in such receipt or receipts thereof respectively shall be expressed or acknowledged to be received and that the person or persons to whom the same shall be given his her or their executors admors or assigns shall not afterwards be answerable or accountable for any losses misapplication or nonapplication or be obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received or any part thereof provided always and I hereby declare that if trustees appointed by this my will or to be appointed under this present provision or any of them or their or any of their heirs executors admors or assigns shall die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them reposed as aforesaid before the same shall be fully executed then and in every such case it shall and may be lawful to and for the said trustees or the surviving or continuing trustee appointed by this my will whether they or he shall accept the trusts thereof or shall renounce the same or for the trustees or the surviving or continuing trustee to be appointed under this present provision or the executors or admors of such last surviving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them him or her sealed and delivered in the presence of and attested by two or more witnesses from time to time to nominate and appoint any fit person or persons to be a trustee or trustees in the room or place of the trustee or trustees so dying or desirous of being discharged or becoming unwilling or incapable to act as aforesaid and that when and so often as any new trustee shall be nominated and appointed as aforesaid all the trust estates monies and premises or such of them as shall be subject to the trusts and provisions aforesaid which shall have vested in such trustees or trustee so dying desirous to be discharged or becoming unwilling or incapable to act as aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred so and in such manner as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustees or trustee as occasion shall require to the uses and upon and for the trusts interests and purposes hereinbefore expressed and declared or such of them as shall be then subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have and be intitled to exercise the same powers and authorities as if he or they had been appointed a trustee or trustees of this my will provided always and I hereby further declare that the trustees and executors of this my will hereby appointed and to be appointed as aforesaid and each and every of them and each and every of their heirs executors and admors shall be charged and chargeable for such monies only as the respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or joining in fiving any receipt or receipts for the sake of conformity and I direct that none of them shall be answerable or accountable for any ? or broker or other person with whom the said trust monies and premises shall be placed for safe custody for any default or neglect of the other or others of them for any involuntary loss which they or any of them may incur or sustain in and about the execution of the trusts of this my will and also that it shall and may be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and reimburse themselves respectively and also to allow their respective co trustees or co trustee all costs charges damages expences and fees to counsel for advice which they or any of them shall or may sustain expend or disburse in or about the execution of the aforesaid trusts in relation thereto in witness whereof I have to this my will contained in eleven sheets of paper set my hand and seal that is to say my hand and seal at the foot of this the eleventh and last sheet of my said will and my hand to the preceding ten sheets respectively in the presence of the two reliable witnesses whose names are hereto subscribed and who have so subscribed their names as witnesses to the execution of this my will at my request in my presence in the presence of each other this twenty ninth day of September in the year of our Lord one thousand eight hundred and thirty eight William Swinscow signed sealed and delivered by the said William Swinscow as his last will and testament in our presence who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses to the due execution thereof. James Blake 24 Essex Street Strand Martha Boulton 1 Church Street

Proved at London on 9th May 1840 before the worshipful ? Addams ? of laws and surrogate by the oaths of Elizabeth Swinscow widow the relict William Swinscow and Thomas Swinscow the sons and Thomas Sprague the executors to whom admon was granted having been first sworn duly to administer