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Will detail

Will of John Bishop of Hastings

Date signed: 13 Oct 1866, Probate date: 11 Nov 1870

This is the last Will and Testament of me John Bishop of Hastings in the County of Sussex Esquire I direct that all my just debts funeral and testamentary expenses shall be paid as soon as conveniently may be after my decease I appoint my daughter Fanny Bishop The Reverend Edward Langdale of East Hoathly in the said County of Sussex Clerk and William Blackman Young of Hastings aforesaid Gentleman to be Executrix and Executors of this my Will and I bequeath to the said Edward Langdale and William Blackman Young the sum of Fifty pounds each as such Executors I give and bequeath to my Daughter Mary Ann Rowsell the sum of one thousand pounds sterling for her own absolute use and benefit I give and bequeath unto the said Edward Langdale and William Blackman Young (hereinafter called “my said trustees”) the sum of Nine thousand pounds sterling Upon trust to lay out and invest the same sum in their names in or upon the parliamentary stocks or public funds or securities of Great Britain or of any of the British Colonies or at Interest in or upon Mortgage of freehold copyhold or leasehold hereditaments and premises in England or Wales or in or upon any of the stocks Securities Mortgages or Debentures of any public body or company incorporated or established or to be incorporated in the United Kingdom by Royal Licence Charter or Act of Parliament with full power to transfer alter and vary the stocks funds and securities in or upon which the said sum of Nine thousand pounds or any part thereof shall be invested for or into other stocks funds or securities of the description aforesaid or any of them when and as often as they my said Trustees shall think fit And I declare that my said Trustees shall stand possessed of the said sum of Nine thousand pounds and of the investments thereof (and which said sum of Nine thousand pounds and the investments thereof are hereinafter called “the Trust Fund”) Upon the trusts and with the powers and provisions hereinafter expressed and contained concerning the same that is to say Upon trust during the natural life of my said Daughter Mary Anne Rowsell to pay the Interest dividends and annual produce of the said Trust Fund into the proper hands of her my said daughter Mary Anne Rowsell or permit and empower her to receive the same for her sole and separate use and benefit exclusive of any husband she may at the time of my decease or at any time thereafter have and so that the same may not be subject to his debts control or engagements and so that she shall not have power to dispose of the same by way of anticipation and the receipt or receipts of her my said daughter Mary Anne Rowsell shall notwithstanding coverture be a sufficient discharge to my said Trustees for the money in such receipt or receipts acknowledged to be received And from and immediately after the decease of my said daughter Mary Anne Rowsell the said Trust Fund and the Interest dividends and annual produce thenceforth arising in respect thereof shall remain and be Upon and for such trusts intents and purposes for the benefit of all and every or any one or more exclusively of the others or other of the children or remoter issue of my said daughter Mary Anne Rowsell (such remoter issue to be born in her lifetime) as she by any deed or deeds with or without power of revocation and new appointment or by her Will or any Codicil or Codicils thereto shall appoint And in default of such appointment and so far as the same if incomplete shall not extend In trust for all and every the children and child of my said daughter Mary Anne Rowsell who shall attain the age or respective ages of Twenty one years or shall marry under that age with the consent of his or her respective Guardian for the time being and to be paid or transferred to and divided between or amongst such children (if more than one) in equal shares as tenants in common at the same ages or times respectively if the same respectively shall happen after the decease of my said daughter Mary Anne Rowsell but if the same shall happen in her lifetime then immediately after her decease And in case there shall be but one such child then the whole of the said Trust Fund and the interest dividends and annual produce arising in respect thereof from and after the decease of my said daughter Mary Anne Rowsell shall be in trust for such one or only child and be paid or transferred to him or her at such age or time as aforesaid accordingly And I also declare that it shall be lawful for my said trustees at any time or times after the decease of my said daughter Mary Anne Rowsell or in her lifetime in case she shall so direct by any writing or writings under her hand to levy and raise out of the said Trust Fund and to pay and apply for the advancement or preferment in the world or otherwise for the benefit of any child or children of my said daughter Mary Anne Rowsell any sum or sums of money not exceeding in the whole one third part of the then vested or then expectant portion or portions of such child or children respectively of and in the said Trust Fund and such sum or sums of money shall be considered and taken in part of the said portion or respective portions intended to be provided for such child or children as aforesaid And I also declare that after the decease of my said daughter Mary Anne Rowsell and in the meantime and until the said portion or respective portions intended to be hereinafter provided for the child or children for the time being of my said daughter Mary Anne Rowsell or any part thereof respectively shall become payable my said Trustees shall pay and apply the whole or such part as they may think fit of the Interest dividends and annual produce of the portion or respective portions to which such child or children may for the time being be entitled in expectancy of and in the said Trust Fund for his or their maintenance and education And shall accumulate so much of the same Interest dividends and annual produce as shall not for the time being be required for such maintenance or education as aforesaid in the names of my said Trustees in any of the stocks funds or securities hereinbefore mentioned with power to alter and vary the stocks funds and securities in or upon which such accumulation shall be invested for or into other stocks funds or securities of the description aforesaid or any of them as occasion shall require or as they shall think fit And the accumulation which shall be so made shall be liable to be applied in the like manner as aforesaid and subject to such liability shall belong to the person or persons who shall ultimately become entitled to to the portion or respective portions from which such accumulations shall have arisen And I further declare that in case there shall be no child or children of my said daughter Mary Anne Rowsell in whom the said Trust Fund shall become absolutely vested under the trusts and provisions aforesaid then and in such case the said Trust Fund and the Interest dividends and annual produce thereof shall from and after the decease of my said daughter Mary Anne Rowsell and such failure of issue as aforesaid (but subject and without prejudice to the trusts and purposes aforesaid) remain and be Upon trust for my said daughter Mary Anne Rowsell (if she shall at her decease be a Widow) her executors administrators and assigns for her and their absolute benefit But if my said Daughter Mary Anne Rowsell shall not at her decease be a Widow Then In trust for the person or persons who under or by virtue of the statutes made for the distribution of the Estates of Intestates would at the time of the decease of my said daughter Mary Anne Rowsell and such failure of issue as aforesaid have been entitled thereto in case my said daughter Mary Anne Rowsell had then died possessed thereof a Widow and Intestate and to be divided between or among such persons if more than one in the shares and proportions in which the same would be divisable by virtue of the same statutes Provided always that no child of my said daughter Mary Anne Rowsell taking any part of the said Trust Fund under any appointment to be made by her in pursuance of the aforesaid power for that purpose shall be entitled to any share of the unappointed part thereof without bringing his or her appointed share into hotchpot unless my said daughter Mary Anne Rowsell shall by Deed Will or Codicil direct to the contrary And I hereby expressly declare that my said Trustees shall be at liberty to set apart for the purpose of raising the said sum of Nine thousand pounds hereinbefore given to them upon trust as aforesaid or any part thereof any stocks or Debentures of any Public Company or any other securities whatsoever upon which my personal estate or any part thereof may at the time of my decease be invested and which they my said Trustees may consider equivalent in value for that purpose and that such Stocks Debentures and Securities which shall be so set apart shall be treated as Investments under the trust for Investment hereinbefore contained and be held and disposed of accordingly I bequeath unto Harriet Davis of Cripps Cottage in the Parish of Ewhurst in the County of Sussex an annuity of twenty pounds sterling during her life free of legacy duty and I direct such annuity to be paid in equal portions quarterly on the four usual quarter days and that the same shall commence and the first payment thereof to be made on such one of the said quarter days as shall first happen after my decease and that the future payments thereof shall be continued consecutively quarterly afterwards And I direct a sufficient fund to be appropriated in the names of my said Trustees on any of the securities hereinbefore mentioned to answer by means of the income thereof the payment of the said annuity and all my residuary personal estate whatsoever and wheresoever unto my Daughter Fanny Bishop for her own absolute use and benefit I devise my messuage or Tenement with the appurtenances known as No 7 The Croft in Hastings aforesaid with the Cottage or Tenement immediately in the rear thereof And also all other my Real Estate whatsoever and wheresoever (except estates vested in me upon any trust or by way of Mortgage) unto and To the use of my said Daughter Fanny Bishop her heirs and assigns for ever for her and their own absolute use and benefit I devise all Estates which shall at the time of my decease be vested in me upon any trust or by way of any Mortgage to my said Trustees subject to the trusts and equities affecting the same respectively I declare that the receipt or receipts in writing of my said Trustees shall be a sufficient discharge or sufficient discharges to every person paying to my said Trustees any money under the Trusts of this my Will for the money or moneys in such receipt or receipts expressed to be received and that the person or persons taking such receipt or receipts shall not be liable to see to the application or be answerable for the misapplication or nonapplication of the money or moneys in such receipt or receipts expressed to be received And further that on the death incapacity or refusal to act of the said Trustees hereinbefore named or either of them or of any Trustees or Trustee to be appointed under this clause or on any such Trustees or Trustee being desirous to be discharged from further acting in the trusts of this my Will it shall be lawful for the acting Trustees or Trustee (if any) for the time being of this my Will whether refusing further to act or not or if none for the executors or administrators of the last deceased Trustee to appoint a fit person or fit persons to supply the place or places of the deceased incapacitated refusing or retiring Trustee or Trustees And on every such appointment the necessary assurances shall be made for vesting the Trust Estates and property under this my Will in the new and old Trustees jointly or in the new Trustees solely as the case may be And I declare that the previous clauses of this my Will so far as they concern my Trustees hereinbefore named in their powers authorities and character of Trustees shall extend and be applied to the Trustees and Trustee for the time being of this my Will and I expressly direct and declare that the said William Blackman Young notwithstanding his acceptance of the Executorship and Trusteeship of this my Will shall be entitled to and be allowed to retain the same professional charges and allowances for business transacted under the trusts or in execution of this my Will which if employed as Solicitor to the Trustees or Trustee thereof not being himself a Trustee he would be entitled to make And lastly I revoke all former Wills by me made In witness whereof I have hereunto set my hand this thirteenth day of October One thousand eight hundred and sixty six --- john Bishop --- Signed and published by the said John Bishop the Testator as and for his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses --- Wm Hy Goodwin --- William Phillips Clerks to Mr W. B. Young Solr Hastings

Proved at Lewes on the 11th day of November 1870 by the oath of Fanny Bishop Spinster the Daughter The Reverend Edward Langdale Clerk and William Blackman Young the Executors to whom administration was granted

The testator John Bishop was late of Hastings in the County of Sussex Esquire and died on the twenty fifth day of October 1870 at Hastings aforesaid.

Under £25,000

W.B.Young Solicitor Hastings

I certify this to be a correct copy

Transcribed by:

Bob Trease.

Precis supplied by transcriber:

To executors Edward Langdale & William Blackman Young:-

£50 each

To daughter Mary Anne Rowsell:-

£1,000 plus £9,000 in Trust fund to be administered by Edward Langdale & William Blackman Young

To Harriet Davis of Cripps Cottage Ewhurst:-

Lifetime annuity of £20 a year payable quarterly

To Fanny Bishop

Property @ 7 The Croft Hastings including property at rear

Rest of real estate

Executors:-

Daughter Fanny Bishop, Reverend Edward Langdale, William Blackman Young

Notes about this will:

This will was transcribed from a handwrittencopy held @ Somerset House

Source:

Unknown.

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