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|  1383-1857 | ||
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Will of George William Jacomb This is the last
Will and Testament of me George William Jacomb of Thayer Court
Manchester Square Gentleman ffirst I direct that all my just debts funeral
and testamentary expenses be fully paid and satisfied as soon as conveniently
may be after my decease I give and bequeath to my Wife Mary all my Wines
Spirits Housekeeping Provisions and consumable stores that may be in and
about my dwelling house at the time of my decease to and for her own absolute
use and benefit I give to my Trustees hereinafter named the sum of Ten
pounds cash for their absolute use and benefit for their trouble in the
execution of these trusts I give and bequeath unto my said Wife and her
assigns during the term of her natural life one Annuity or clear yearly
sum of one hundred pounds of lawful money of Great Britain and Ireland
to be yearly issuing and payable out of and charged and chargeable upon
my leasehold messuage and premises situate and being No. 39 Great Marylebone
Street and such other my leasehold premises in the rear thereof as were
lately occupied by me and as are now occupied by my son George the said
Annuity to be payable and paid to her my said Wife or her assigns in equal
quarterly portions in every year without any deduction or abatement whatsoever
for or in respect of any taxes or any other matter cause or thing whatsoever
with a proportional sum for any fractional portion of a quarter of a year
which may happen immediately to precede the determination thereof the
first quarterly payment of the said annuity to be made on the first usual
quarter day for payment of rent next after my decease And the said proportional
sum to be payable immediately after the decease of my said Wife And I
declare that in case and so often as the said annuity of one hundred pounds
or in case such proportional part thereof as aforesaid shall be in arrear
and unpaid in the whole or in part by the space of ffourteen days next
after any of the said days or times hereinbefore appointed for the payment
thereof as aforesaid then and so often as the same shall happen it shall
be lawful for my said Wife her executors administrators and assigns to
enter and distrain for the same and for the expences occasioned by the
nonpayment thereof upon the said messuage and premises hereby charged
with the payment of the said Annuity in the same manner in all respects
as Landlords are authorized by Law to do for Rents reserved on common
leases for years And also that in case and so often as the said annuity
or in case such proportional part thereof as aforesaid shall be unpaid
either in the whole or in part by the space of twenty eight days next
after any or either of the days or times hereinbefore appointed for the
payment thereof then and so often as the same shall happen (although there
shall not have been any legal demand of the same) it shall be lawful for
my said Wife her executors administrators or assigns to enter into and
upon and to hold the whole or any part of the said messuages and premises
hereby charged as aforesaid and to attain possession and to receive the
rents and profits thereof for her and their own use until she or they
shall thereby or otherwise be fully paid and satisfied the arrears of
the said Annuity or yearly sum of one hundred pounds which shall be due
at the time of such entry and the arrears of the same which may afterwards
become due during the time of her or their being in possession of the
same premises and all costs and expenses occasioned by the nonpayment
thereof at the days and times aforesaid and subject to the payment of
the said annuity or sum of one hundred pounds and also subject to the
payment of the sum of one hundred pounds to my Executors hereinafter named
within twelve months next after the decease of my said Wife and which
last mentioned sum of one hundred pounds I hereby charge on the said premises
and also subject to the powers and provisors hereinbefore contained for
the recovery thereof and to the payment of the rent and the observance
and performance of the Covenants and Conditions contained in the respective
leases under which the said premises are respectively held I give and
bequeath the said last mentioned leasehold premises and the rents issues
and profits thereof for all the residue of the term then to come therein
unto my said son George to and for his own absolute use and benefit I
give and bequeath all the Rest Residue and Remainder of my Leasehold messuages
tenements lands and premises which I may be possessed of at the time of
my decease And also all and singular my household goods and ffurniture
books pictures plate linen china and glass which shall be in and about
my Dwellinghouse at the time of my decease including any Articles which
shall or may have been removed therefrom for repairs or any other temporary
purpose And also all such sum or sums of money as may be standing in my
name in any of the public stocks or funds or other Government Securities
of Great Britain at the time of my decease unto my said son George and
my son in law Edmund George Randall To hold unto them my said son the
said George and the said Edmund George Randall for all the estate term
and interest which I shall have therein at the time of my decease upon
trust to permit and suffer my said wife to reside in and occupy my leasehold
messuage or tenement No. 14 Thayer Street Manchester Square in the County
of Middlesex during her life and to use and enjoy the same with the said
ffurniture and Effects she paying the Ground Rent and performing the Covenants
of the Lease under which the said premises are held to and for the term
of her natural life and upon further trust to receive the rents issues
and profits of my other leaseholds messuages and premises and thereout
to pay and payout the Rents and covenants reserved and contained by and
in the respective Leases under which the same premises are held and also
to pay all such premises as may from time to time become payable for the
insuring thereof and all such other outgoings as in the discretion of
my said Trustees shall be deemed necessary or expedient And after payment
of the said Rents Insurance and outgoings as aforesaid I direct my said
Trustees to stand possessed of the said Leasehold premises and the said
Stocks ffunds and securities upon the trusts and for the intents and purposes
hereinafter expressed and declared concerning the same I give and bequeath
unto my said wife and the said Edmund George Randall or the survivor of
them all such sums of money as may be due and owing to me by my said son
George at the time of my decease To hold the same upon the life Trusts
as are hereinafter declared of or concerning the residue and remainder
of my personal estate and from and immediately after the death of my said
Wife I give and bequeath all my said household ffurniture plate linen
china and glass which shall be then remaining unto my Daughter Elizabeth
Marshall her executors and administrators to and for her sole separate
use and benefit and free from the control and engagements of any husband
And as to all the residue and remainder of my Personal Estate and Effects
whatsoever and wheresoever not hereinbefore specifically disposed of and
save and except all such sums of money as may be due and owing to use
at the time of my decease by my said son George aforesaid I give and bequeath
the same unto my said Trustees their executors administrators and assigns
upon trust to collect get in and convert into money so much and such parts
of the same Residuary Personal Estate and Effects as shall not consist
of money And I direct my said trustees for the time being of this my Will
to stand possessed thereof in the first place upon trust by with and out
of the said monies respectively to pay or satisfy and retain all my just
debts funeral and testamentary expences and all expences incident to the
trusts hereby created and upon further trust to lay out and invest the
surplus of the said monies in the names or name of my said Trustees in
or upon the public Stocks or ffunds or other Government Securities of
Great Britain with power for my Trustees or Trustee to vary and transpose
as well the Stocks ffunds and Securities whereon such Investment shall
be made as aforesaid as the Stocks ffunds and Securities which may at
my decease compose part of my said Personal Estate from time to time as
often as occasion shall require or as shall be found expedient and to
stand possessed thereof upon the Trusts hereinafter declared concerning
the same And direct my Trustees for the time being of this my Will to
stand possessed of my said last mentioned leasehold premises and also
the said Trust monies Stocks ffunds and securities as well those to be
purchased by them as aforesaid as those which may be standing in my name
at the time of my decease upon Trust (after payment and performance of
the Rents Covenants Insurance and outgoings as aforesaid) to pay the said
Rents issues and profits and the Dividends interest and annual produce
arising therefrom unto my said Wife or permit suffer and empower her to
receive the same for and during the term of her natural life to and for
her own absolute use and benefit and from and immediately after the decease
of my said Wife I direct my said Trustees to stand possessed of my leasehold
messuage No. 32 Little Marylebone Street in the said Parish of Saint Marylebone
subject to the payment and performance of the rents and covenants reserved
and contained in the Lease or Leases under which the same are held upon
trust for the sole and separate use of my daughter Aurora Jemima the wife
of Benjamin Howton to and for her sole separate and absolute use and benefit
and I direct that the same shall not be subject or liable to the Debts
contracts or control of her said husband or any husband with whom she
may intermarry And from and immediately after the decease of my said Wife
as aforesaid I direct my said Trustees to stand possessed of the whole
of my said leasehold premises except the said premises herein before bequeathed
to or in trust for my said Daughter Aurora Jemima upon trust to continue
to receive the rents issues and profits thereof and thereout to pay the
Ground Rents Premiums for Insurance and other outgoings in manner hereinbefore
directed for paying the same and after payment thereof to pay the residue
of the said rents issues and profits unto my daughters Elizabeth Marshall
Emma Conder Harriet Grohe and Caroline Randall during the term of their
natural lives respectively to be equally divided between them share and
share alike as Tenants in common (but subject to the trusts hereinafter
declared concerning the same) and from and immediately after the decease
of my said Daughters respectively then upon trust for such of the children
of my said daughters respectively who being a son or sons have already
attained or shall hereinafter attain the age or respective ages of twenty
one years or being a daughter or daughters have attained or shall attain
that age or marry whichever shall first happen to and for their absolute
use and benefit as Tenants in common but so nevertheless that the respective
child or children of each of my said Daughters shall have his her or their
parents shares only And if any or other of my said Daughters shall die
without having any Child or Children who being a son or sons shall attain
the age of twenty one years or being a daughter or daughters shall attain
that age or marry then I direct my trustees or trustee for the time being
to stand possessed of the share or respective shares as well original
as accruing of such of my said Daughter or Daughters so dying respectively
upon such and the same trusts as are hereby limited and declared concerning
the other or remaining undivided share or respective shares or such of
the same trusts as shall be then subsisting or capable of taking effect
And upon the decease of my said Wife as aforesaid I direct my said Trustees
to sell and convert into money the whole of the said stocks funds and
securities and all such other parts of my said Residuary Personal Estate
as shall not have been converted into money and to pay and divide the
same into and amongst such of my said four daughters Elizabeth Marshall
Emma Conder Harriet Grohé and Caroline Randall as shall be then
living in equal shares and proportions to and for their own absolute use
and benefit Subject nevertheless to the trusts hereinafter declared concerning
the same Provided always and I hereby direct that my said Trustees shall
stand possessed of the shares hereinbefore bequeathed to or in trust for
any of my daughters according to the Estates and interests thereof respectively
upon trust for their sole and separate use and benefit to be free from
the debts contracts or controul of any husband with whom they may intermarry
and so that during their respective lives they shall have no power to
alien or anticipate the growing payments thereof provided always and it
is my Will that it shall be lawful for my said Trustees or Trustee for
the time being of this my Will to devise or lease all or any part or parts
of my said leasehold messuages and premises hereinbefore bequeathed to
them In Trust as aforesaid with the consent of my said Wife during her
life and after her decease at their own discretion unto any person or
persons for any term or number of years not exceeding twenty one years
to take effect in possession and not in reversion or by way of future
interest and so as there be reserved on every such devise the best or
most improved rent or rents to be incident to the reversion thereof that
can be reasonably had for the same without taking any fine or premium
for the making thereof and so as there be contained in every such lease
a covenant of re-entry for non payment of the Rent or Rents thereby reserved
by the space of twenty one days after the same shall become due and so
as the person or persons respectively to whom such devise or lease shall
be respectively made shall execute a Counterpart thereof and thereby covenant
for the due payment of the rent or rents thereby respectively reserved
and other usual and proper Covenants and so as such person or persons
shall not by any Cause or Words therein contained be made dispunishable
of waste and so as nothing shall be contained in any such lease or leases
which shall be made to operate as a forfeiture or breach of the original
leases or lease under which the said premises are held Provided also and
I hereby declare that in case the said George Jacomb and Edmund George
Randall or either of them shall die in my lifetime or shall renounce the
execution of the trusts hereby created or in case any Trustee or Trustees
to be appointed under this present provision shall die or be absent from
the United Kingdom for the space of six Calendar months at one time or
shall otherwise become unwilling or unable to act in the aforesaid trusts
then and so often as the same shall happen it shall be lawful for my said
Wife during her Widowhood and after her decease for my daughters or daughter
for the time being and after the decease of such Daughters respectively
or in case they shall be incapable of exercising the present power then
for the surviving or continuing Trustee or if there be no such Trustee
then for the retiring or incoming Trustee for the time being or if there
be no such last mentioned Trustee then for the executors or administrators
of the last deceased Trustee to nominate any fit person or persons to
supply the place or places of the Trustee or Trustees respectively so
dying residing abroad or becoming unwilling or unable to act as aforesaid
and that immediately after every such appointment the said trust estates
monies and effects stocks funds or securities shall be conveyed or transferred
in such manner that the same may vest in such new trustee or trustees
jointly with the surviving or continuing Trustee or Trustees or in such
new Trustee solely as the case may require and such new Trustee or Trustees
shall have and be capable of exercising all the powers and authorities
whatsoever hereinbefore contained in the same manner to all intents and
purposes as if he or they had been appointed a Trustee or Trustees by
this my Will Provided also that the Trustees for the time being of this
my Will shall be charged and chargeable with such sums only as they respectively
shall actually receive by virtue of the trusts hereby reposed in them
notwithstanding their joining in any receipt or receipts or doing any
other act for the sake of conformity and that they or any of them shall
not be answerable or accountable for involuntary misfortune loss or damage
which may happen in the execution of the aforesaid trusts or in relation
thereto Provided also and I hereby lastly declare that it shall be lawful
for the said Trustees or Trustee for the time being by and out of the
money which shall come to their or his hands by virtue of the aforesaid
trusts to deduct retain and reimburse for themselves respectively or himself
and also to each other all costs charges damages and expenses and ffees
to Counsel for above which they or any of them may sustain disburse or
incur in or about the execution of the aforesaid trusts or in relation
thereto And I hereby nominate and appoint my said Son George Executor
of so much of this my Will as regards all my Personal Estate save and
except as to such part thereof as shall consist of any sum or sums of
money due to owing to me at the time of my decease from my said son George
And I hereby nominate and appoint my said Wife and said Edmund George
Randall Executrix and Executors of the whole of my Will hereby revoking
revoking and making void all former and other Wills at any time heretofore
by me made In Witness whereof I the said George William Jacomb the Testator
have to this my last Will and Testament contained in seven sheets of paper
to the first six sheets hereof set my hand and to this seventh and last
sheet set my hand and affixed my Seal this eighth day of ffebruary in
the year of our Lord one thousand eight hundred and thirty eight. G.W.
Jacomb (SS) Signed by the Testator in the presence of us who in the presence
of each other have subscribed our names as Witnesses thereto the words.
"the said Edmund George Randall" being first interlined in the
third sheet. Appeared Personally Edmund George Randall of Welbeck Street in the County of Middlesex Gentleman and referring to the last Will and Testament of George William Jacomb late of Thayer Street Manchester Square in the County of Middlesex Gentleman deceased the said Will bearing date the eighth day of ffebruary one thousand eight hundred and thirty eight now hereunto annexed made oath that the said deceased duly executed the said Will on the eighth day of ffebruary aforesaid by signing his name at the foot of and thereof in the presence of this deponent and of Amy Garman and Thomas Sankey the subscribed witnesses thereto who were present at the same time and that the said Amy Garman and Thomas Sankey thereupon attested and subscribed the said Will in the presence of the said deceased. E.G. Randall. (On the 22nd day of August 1842 the said Edmund George Randall was duly sworn to the truth of this affidavit Before me. William Frederick White Surrogate. __ __ Edward Fielder Noty. Public) Proved at London the 25th Aug. 1842 before the Worshipful William Frederick White Dr. of Laws and surrogate by the oaths of George Jacomb the son and Edmund George Randall two of the Executors named in the Will in the manner therein mentioned to whom Administration was granted having been first sworn duly to administer Power reserved of making the life Grant to Mary Jacomb Widow the Relict the other Executor when she shall apply for the same.
The Will above was transcribed by Tony Dell from a copy of a Will of the Prerogative Court of the Archbishop of Canterbury from the National Archives, Kew. Jacomb.com asserts no claim over the accuracy or completeness of this record or its trancription. | |||
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