Will detail

Will of Thomas Corney of Hove

Date signed: 13 Jul 1811, Probate date: 31 Oct 1811

This is the last Will and Testament of me Thomas Corney of Hove in the County of Sussex & the Strand in the City of Westminster Esquire. First forgive and release unto my brother in law Major William Mawhood all & every sum & sums of money which I have paid or advanced to or on his account or which he may stand indebted to me at the time of my decease. I give devise & bequeath the sum of one thousand one hundred pounds five pounds per cent Consols & the interest dividends & annual produce thereof unto my two nephews James Corney of the Stand aforesaid refiner & Robert Corney of Pall Mall in the City of Westminster Gentleman their exors & admors upon trust to pay the dividends & annual produce of the said sum of one thousand one hundred pounds unto the said William Mawhood & his assigns for and during the term of his natural life & from & after his decease upon trust that they & the survivor of them his heirs & admors do stand possessed of & interested in the same & the interest dividends & annual produce thereof for all & every the children & child of the said William Mawhood equally to be divided amongst them share & share alike if more than one & if but one such child then to such one or only child to be an interest vested in such of them being a son or sons at the age of twenty one years and being a daughter or daughters on attaining that age or on the respective day or days of their marrying which should first happen provided always & my will is that the share & shares of such of the children of the said William Mawhood as shall die without obtaining a vested interest or vested interests in the said capital sum of one thousand one hundred pounds five pounds per cent Consols shall go accrue & survive to the surviving child & children of the said William Mawhood & become an interest or interests in them him or her respectively at the same time as is herein before by me directed for the rest... of their original shares or share of and in the said capital sum of one thousand one hundred pounds five pounds per cent Consols & also that the share & shares so directed to survive shall from time to time survive together with the original share & shares until such original share & shares shall become vested and I give devise & bequeath the sum of one thousand pounds unto the said James Corney & Robert Corney their exors & admors upon the trusts hereinafter mentioned that is to say upon trust that they the said James Corney & Robert Corney and the survivor of them his exors & admors & shall stand possessed of & interested in the said sum of one thousand & the interest & annual profets thereof for all and every the child & children of the said William Mawhood equally to be divided amongst them share & share alike if more than one & if but one such child then to such one or only child to be an interest vested in such of them being a son or sons at the age of 21 years and being a daughter or daughters on attaining that age or on the respective day or days of their marrying which shall first happen & to be subject to such & the benefit of survivorship as is herein before by me directed of & concerning the capital sum of one thousand one hundred pounds five pounds per cent Consols herein before by this my Will devised for their benefit from & after the decease of their said father and my will is that it shall & may be lawful to & for the said James Corney & Robert Corney & the survivor of them his exors and admors from time to time to pay & apply the interest & annual produce of the said sum one thousand pounds or so much thereof as they in their discretion shall think fit for & towards the maintenances & education of all & every the child and children of the said William Mawhood during their respective minorities & also from & out of the said principal sum of one thousand pounds to pay & apply for & towards advancement & preferment in the world of all or any of the said child or children such sum or sums of money as they shall in their discretion think fit not exceeding in the whole for any one child two third parts of his or her original & accruing share of & in the said sum of one thousand pounds provided always & my will is that if all & every the child & children of the said William Mawhood shall happen to die without having obtained a vested interest or interests in the said capital stock & several clear? sums of money herein before by me bequeathed in trust for them as af’d then the same respectively or so much thereof as shall not happen to have been applied in such advancement as aforesaid shall suit? into the residue of my personal estate to be disposed of in the manner herein after by him? vested provided always and my will and mind also is that it shall and may be lawful to & for the said Robert Corney to advance & lend the said principal sum of one thousand pounds five pounds per cent Consols and principal sum of one thousand pounds bequeathed by me as aforesaid unto his co trustee my nephew the said James Corney on the security of his bond only if the said James Corney requests the same for & during such time & until it shall become necessary to raise the same for the fulfilment & performance of the trusts hereinbefore by me directed of & concerning the said sums provided always & I do hereby declare that the provision herein before made for the said William Mawhood & his children is to be in lieu & satisfaction & discharge of any claim or claims which he or they may have upon or against my estate in respect of a certain sum of one thousand pounds some time since subscribed & raised by my self & the brothers and sisters of the said William Mawhood for his benefit or the accumulations or increase thereof & I hereby give and bequeath unto Ann Corney the widow of my brother James Corney & her assigns for and during the term of her natural life an annuity or yearly sum of thirty pounds. Also I give & bequeath unto my brother Robert Corney of Lancaster in the County of Lancaster Gentleman and his assigns for & during the term of his natural life one annuity or yearly sum of two hundred pounds. Also I give & bequeath unto my sister Alice Smith wife of BLANK Smith & her assigns for & during the term of her natural life one other annuity or yearly sum of one hundred pounds to & for her sole & separate use independant of & not to be subject to the debts or controul of her present or any future husband & her receipt & receipts alone & notwithstanding her present or any future coverture to be a sufficient discharge and discharges for the same all which said several annuities I direct to be paid by my trustees & exors hereinafter named out of my personal estate or by and out of a sufficient part thereof appropriated & directed to be set apart for that purpose in manner hereinafter expressed and I direct that the same annuities shall be said and payable by four equal quarterly in the year the first quarterly payment thereof respectively to be made within three months next after my decease. Also I give & bequeath unto BLANK the present wife of my said brother Robert Corney in case she shall happen to survive him & her assigns from & after the decease of her said husband for & during the term of her natural life one annuity or yearly sum of thirty pounds & I direct the same to be paid and payable by my said trustees and exors out of my personal estate by four equal quarterly payments in the year the first quarterly payment thereof to be made within three months next after the decease of her said husband the said Robert Corney my brother or in case of his dying in my life time within three months next after my decease which shall first happen. Also I give & bequeath to my niece Elizabeth now residing with me the sum of five hundred pounds as a reward for her great care & attention to her aunt my late beloved wife deceased. I also give to her my miniature picture and gold chain worn by my said late dear wife together with all wines liquors & provisions that may happen to be in my house at Hove at the time of my decease. Also I give to my said nephew the said James Corney all the jewells and trinkets formerly belonging to my said late dear wife & also all such jewels & trinkets as I will die possessed of. Also I give to him the two large china jars & India cabinet now in my said house at Hove. Also I give to each of my my nephews and nieces being children of my bros James Corney deced and Robert Corney & of my sister Alice Smith the sum of ten pounds a piece and direct that the legacy of ten pounds by me hereby bequeathed to my niece BLANK Jackson daur of my brother Robert Corney shall be paid by my exors into her own hands for her separate use & that her receipt shall be a sufficient discharge for the same. Also I give to Mr Thomas Harrison if living at the time of my decease with the firm of Barrett, Corney and Corney the sum of twenty pounds & to John Christopher on the like condition the sum of fifteen pounds and also to the two boys now living as shop boys with the said firm the sum of ten pounds each which I direct shall be applied for the benefit of the said boys at such time or times as my exors shall think most advisable. Also I give to my brother in law Mr Charles Mawhood & his wife to my brother in law George Gesige & Elizabeth his wife to Doctor Engnone? & his wife to Mrs Andrew of Greenwich and to Robert Lambert of Suffolk Street, Charing Cross the sum of five guineas a piece for rings and I direct that all the above pecuniary legacies except the said legacies for the benefit of the said two boys to be paid within one month after my decease. Also I give to Charles Mawhood apprenticed to BLANK Phillipson of Saint James Street in Brighthelmstone, chymist & druggist proper and sufficient wearing apparel washing mending & pocket money during his apprenticeship to be provided for him & paid by my exors out of my personal estate. Also I give devise and bequeath unto my said nephews the said James Corney and Robert Corney & their heirs all that my mansion called Marine Villa & all & every my copyhold estates situate & being at Hove or Hova? ..... or elsewhere in the County of Sussex with the rights members and appurts thereto belonging & also all that my messuage or tenement with the appurts situate at the corner of Long Lane in the City of London in the occupation of John Halfield? (Hatfield? DW) Merry and also all my freehold estates of what nature kind or quality soever situate lying & being in Bartholomew Close in the said City of London with their rights members & appurts & also all other my real estate whatsoever & wheresoever over which I have any power of appointment or disposition to hold the same unto & to the use of them the said James Corney & Robert Corney & their heirs upon the trusts & for the intents & purposes hereinafter expressed & de..leared of and concerning the same that is to say upon trust that they the said James Corney & Robert Corney & the survivor of them and the heirs of such survivor do and shall when & as they shall think it pursuant and most beneficial so to do either by private sale or sales or public auction or auctions or in such other manner as they in their discretion shall think fit absolutely make sale & dispose of all & every the said mansion & other messuages heredits & real estate first completing such parts of the said mansion as are now unfinished which they the said trustees are hereby authorized and directed to do out of my personal estate & shall pay & apply all & every the monies to arise by such sale or sales & the yearly rents issues & profits of the same until such sale or sales shall be so made as herein before by me directed upon the trust & to & for the ends intents & purposes herein after by me directed of ..... the residue of my personal estate & for the purpose of facilitating such sale & sales as aforesaid I do hereby will & ... that they the said James Corney & Robert Corney & the survivor of them & his heirs do & shall enter into make & execute all such contracts covenants & agreements surrenders to? deeds matters & things as to them or the survivor of them or the heirs of such sur’vor shall seem most ? & also that the receipt or receipts of the said James Corney & Robert Corney & the survivor of them & of the heirs of such survivor shall from time to time be a good and sufficient discharge & discharges to the purchaser & purchasers for so much of the purchase money of any of my said estate as shall be so sold as aforesaid as in such receipt shall be expressed to be received & that such purchaser & purchasers shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money or be obliged to see to the application thereof & subject to the payment of my debts funeral and testamentary expences & the legacies & annuities. I give & bequeath unto my said nephews James Corney & Robert Corney all the rest residue & remainder of my personal estate of what nature kind or quality soever not herein before by me given & bequeathed to hold the same & every part thereof with their rights members & appurts unto the said James Corney & my said nephew Robert Corney their heirs exors & admors according to the nature equality thereof upon the trusts & for the intents hereinafter mentioned that is to say upon trust that they the said James Corney & my said nephew the said Robert Corney & the survivor of them & the heirs exors & admors of such survivor do & shall as soon as conveniently may be after my? death by such ways & means and as they or the survivor of them his heirs exors or admors shall think fit convert the same into money or so much thereof as shall not consist of money & do & shall stand possessed of &interested in the monies so to arise as of & the interest dividends & produce thereof upon trust to lay out & invest the same upon Government or real securities in England in the name of them the said James Corney and Robert Corney or the survivor of them his exors or admors in such manner as they shall think fit & from time to time to change & vary the such securities & do & shall stand possessed of & interested in the said stocks funds & securities in or upon whith? the said monies shall be so laid out & invested as af’d & the interest dividends & annual produce thereof upon trust for all & every of my nephews and nieces being the child and children of my said bros James Corney deceased, Robert Corney & of my sister Alice Smith equally to be divided amongst them if more than one share and share alike and if there shall be but one such nephew or niece of me the said Thomas Corney living at the time of my decease then to such one or only nephew or niece the share or shares of such of the said children being my nephews & nieces or nephew or niece who shall be a son or sons to be an interest vested in & to be payable to him or them at his or their age or ages of 21 years & being a daur or daurs on attaining that age or on the day or days of their respective marriage which shall first happen and my will and mind is that the share & shares of such of my said nephews & nieces as shall happen to die without obtaining a vested in such residue of my said estate shall go accrue and be paid to my surviving nephews & nieces or nephew & niece & become an interest vested or interests vested in them him or her respectively at such & the same time as is hereinbefore by me directed for the vesting of their his or her original share & shares of & in the residue of my said estate & further that the share & shares so directed to survive shall from time to time survive together with the original share & shares until such original share & shares shall become vested & upon this further trust to pay & apply the interest dividends & annual produce of the said trust monies funds & securities for & towards the maintenance & education of such of my nephews & nieces af’d until their respective shares therein become vested in proportion to their respective shares & also to advance for & towards the performance of all or any of my said nephews & nieces such sum & sums of money as they my said trustees or the survivor of them the exors or admors of such sur’vor shall think fit not exceeding one half part of the original & accruing share of the nephew or niece for whom such advance shall be made of & in the said stocks funds & securities & I do direct that the share or shares which shall or may come or devolve to my said niece BLANK Jackson shall ..... to her her appointee or appointee assignee or assigns without any controul or interference and independant of her present or any future husband & declare that her receipt & receipts for the same shall be a sufficient discharge or sufficient discharges to my said trustees or the survivor of them his exors or admors for the same & for the better securing the payment of the said annuity herein before by me given during the continuance thereof I hereby authorize & direct my said trustees or the survivor of them to appropriate or retain in their or his hands & to invest & place out at interest in the manner herein before mentioned on Government or real securities or if my said nephew Robert Corney shall think proper to suffer to remain on the security of the bond of my said nephew James Corney such sum or sums of money part of the residue of my personal estate as will be sufficient by means of the interest to accrue thereunto to discharge the said annuities which sum so retained shall when & as the said annuities shall respectively .... to be applied according to the trusts herein before declared of the residue of my personal estate and until such investment shall be made I direct that the annuities shall be paid by my said trustees out of the said residue of my personal estate provided always & I do hereby declare my mind and will to be that nothing herein before in my will contained shall be deemed or construed to authorize & enpower my said trustees or either of them to call in & compel payment from the firm of Barrett, Corney and Corney any sum or sums of money or capital that shall happen at the time of my decease to be employed in carrying on the business of the said firm until the same shall according to such articles or terms of the partnership as shall be then existing between me & my said partner become payable and I do hereby also will & direct that when the said capital sum and sums of money shall become due & payable as aforesaid it shall & may be lawful to & for my said trustees & the survivor of them his exors & admors to continue such capital & sum & sums of money in the said firm upon having the payment thereof with lawful interest for the same secured by the bond or obligation of the said firm until such capital and sum and sums shall become applicable to the discharge of the several trusts herein before by me directed of & concerning the same and I do hereby further order and direct that such capital & last mentioned sum and sums of money shall not be applied towards the discharge of the said trusts herein before by me directed of & concerning the same until the other funds herein before by me directed to be applied in discharge thereof shall have been previously ..... provided always & I do hereby declare my will & mind to be that if the said trustees nominated and appointed by this my will as aforesaid or any future trustee or trustees to be appointed in the stead or place of them or any of them as herein after is mentioned or any of their heirs exors or admors or assigns shall happen to die or be desirous of being discharged of & from or refuse or decline or become incapable to act in the trusts hereby in them reposed as af’d before the said trusts shall be fully executed performed or discharged then & in such case and when & so often as the shall happen it shall and may be lawful to & for the surviving or continuing trustee or trustees or the heirs exors or admors of the last surviving or continuing trustee by any writing or writings under their his or her hands & seals or hand & seal to be attested by two or more credible witnesses from time to time to nominate substitute or appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and that when & so often as any new trustee or trustees shall be nominated and appointed as aforesaid all the trust estates monies and premises which shall be then vested in the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid either solely or jointly with the other trustee or trustees shall be thereupon with all convenient speed conveyed assigned and transferred in such sort & manner & so as that the same shall & may be legally & effectually vested in the surviving or continuing trustee or trustees the same trusts estates monies & premises upon the same trusts as are ....... before declared of & concerning the .... estates monies & premises respectively or of such of them as shall or may be then existing & capable of taking effect & that every such new trustee or trustees shall & may in all things act & assist in the management carrying on & execution of the trusts to which they shall be appointed in co.... with the other then surviving or continuing trustee or trustees of the same trust estates monies & premises respectively if there shall be any such continuing trustee or trustees in not then by themselves as fully & effectually and with all the same power & powers authority & authorities whatsoever to all intents and purposes whatsoever as if he or they had bee originally in & by this my will nominated trustee or trustees for the purposes thereof provided also & it is hereby declared that the said several trustees hereby nominated & appointed & each & every of them & the heirs exors admors and assigns of them each & every of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding his or their or any of their giving or signing or joining in giving and receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the other or others of them or for involuntary losses and also that it shall and may be lawful for them by & out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to & reimburse himself & themselves respectively and also to allow to his co trustee & co trustees all costs charges damages & expences which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto. And I do hereby give devise & bequeath unto my said nephew James Corney his heirs exors admors and assigns all estates of what nature or kind soever whereof I am seized or possessed in trust or by way of mortgage to hold according to the nature & tenure of the said several estates respectively. And lastley I do hereby constitute & appoint my said nephews James Corney & Robert Corney exors of this my will and revoking all former wills heretofore made do hereby declare this to be my last will & Testament. In witness whereof I the said Thomas Corney the testor have to this my last Will & Testament contained in nine sheets of paper to the first eight sheets thereof set my hand & to the ninth & last sheet thereof my hand & affixed seal the thirteenth day of July 1811 Thos Corney.

Signed sealed published and declared by the said Thomas Corney the testor as & for his last Will & Testament in the presence of us who in his presence at his request & in the presence of each other have hereunto subscribed our names as witnesses. Thos Hill of Brighton, Sussex, Att’y; Wm Turner, Clk to Mr Hill; Wm Bursby, servant to Mr Corney

Proved at London 31st Oct 1811 before the Worshipful Samuel Pearce Parson, Doctor of Laws & Surrogate by the oath of James Corney & Robert Corney the exors being sworn to adm’r.

Transcribed by:

Dave Woolven.

Notes about this will:

Transcribed from a downloaded copy.

Source:

Unknown.

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