THIS IS THE LAST WILL AND TESTAMENT of me Peregrine Curtois of Branston in the County of the City of Lincoln and of Tenterden Street in the City of Westminster in the County of Middlesex Clerk ffirstly I direct all my just debts funeral and testamentary expenses and the several legacies hereinafter by me bequeathed to be paid discharged or made good out of my personal estate and if the capital stock in the Government funds of which I may be possessed or to which I may be entitled at the time of my decease shall not be sufficient to answer and make good the several legacies of such stock hereinafter by me bequeathed I order and I direct so much capital stock to be purchased by and out of my personal estate as shall be sufficient to make good and answer and to be applied in making good such respective legacies I give and bequeath unto each and every of my three daughters Barbara Anne Curtois Mary Curtois and Anne Curtois the legacy or sum of twenty thousand pounds capital stock in the three per cent consolidated bank annuities to be transferred to or purchased for them respectively as the case may be immediately after my decease which said legacies of twenty thousand pounds three per cent consolidated Bank annuities making in the whole sixty thousand pounds capital stock in such annuities I will and direct shall not be taken in extinguishment or compensation or discharge of any right interest or benefit in any share or proportion of any right interest ? which my said daughters or any of them may have or be entitled to under or by virtue of the Settlement made on my marriage but that my said daughters respectively shall in addition to the said legacies hereby bequeathed to them have and take and be entitled to such sum or sums of money and all such other right benefit or interest as may arise or in ?wise belong to them under of or by virtue of my sons marriage Settlement And I give and bequeath unto my Second son Atwill Curtois now residing at Saint Omer in ffrance and to my friend the Reverend Atwill Lake of West Walton in the County of Norfolk Clerk the legacy or sum of eight thousand pounds capital stock in the said three per cent consolidated Bank annuities upon the trusts hereinafter declared thereof / that is to say / that they the said Atwill Curtois and Atwill Lake or the survivor of them or the executors or administrators of such survivor or the trustees or trustee to be nominated under the power in that behalf hereinafter contained do and shall during the natural life of my eldest son Peregrine Curtois Clerk now residing at Walpole in the County of Norfolk continue the said sum of eight thousand pounds capital three per cent consolidated annuities
in the names or name of my said trustees or trustee thereof for the time being or otherwise do and shall at their or his discretion sell and dispose of the said eight thousand pounds three per cent stock or any part or parts thereof and lay out and invest the monies to arise by such sale and disposition in or upon or in the purchase of any other Government stocks or funds or at interest upon real estates in England with full liberty to the said trustee or trustees for the time being from time to time at their or his own discretion to vary or transpose the investments of the said trust funds for any other investment of the preceding description And upon further trust that they the said trustees or trustee for the time being do and shall at anytime or from time to time apply the whole or any part of the dividends interest or annual proceeds of the said trust funds to or for the personal maintenance and support or otherwise for the personal ? ? ? ? benefit of my said eldest son Peregrine Curtois or pay the same or any part thereof to any person or persons to be so applied without liability on the part of my said trustees or trustee to see to the application ? or at the option of my said trustees or trustee for the time being to pay the whole or any part of such dividends interest or annual proceeds to my executors or administrators to be disposed of as part of the residue of my personal estate to the intent that my trustees may be enabled to adopt the disposition of the said dividends interest and annual proceeds to the circumstances for the time being of my said eldest son Peregrine Curtois and thereby to secure as far as possible his personal enjoyment thereof and to prevent the same from becoming the property of his Alienees or Creditors And I declare that so much of the said dividends, interest and annual proceeds as shall remain unapplied at the death of my said son Peregrine Curtois shall together also with the said capital sum of eighteen thousand pounds stock fall into and become part of the residue of my personal estate hereinafter bequeathed to my said second son Atwill Curtois provided always And I do hereby declare that if either of my said trustees hereinafter named shall die in my lifetime or shall refuse to accept the trusts of my will it shall be lawful for the other of them surviving me and accepting said trusts to appoint within six calendar months after my decease a fit person to supply the vacancy occasioned by such death or refusal And I further declare that so often as any trustee or trustees hereinafter named or to be appointed under this power or the preceding power shall die or desire to be discharged or become unable to act it shall be lawful for the trustees or trustee for the time being competent to act whether desirous of being discharged or not or if there shall be no such trustee then for my said three daughters or the major part of them or the survivors or survivor of them whether ? or sole and notwithstanding they may be under ? or the Executors or administrators of the survivor of them to appoint a fit person or persons to succeed to the office of the deceased retiring or incapacitated trustee or trustees And by force of every such appointment as aforesaid all the authorities and discretions given or expressed to be given to the deceased refusing incapacitated or discharged trustee shall be conferred upon the appointed trustee or trustees in whom either alone or as the case may be jointly with the surviving or continuing trustee or trustees the said trust stock or property shall rest or by proper assurances be vested and on every appointment under the first of the two preceding powers the appointed trustee or trustees shall be considered as coming under my will in the same manner as if he or they had been therein named instead of the deceased or refusing trustee or trustees And I further declare that the trustee or trustees for the time being of my will shall be responsible only for his or their own respective arts defaults and receipts and be exempt from liability for involuntary losses and be at liberty to deduct and allow to each other all expenses incident to the execution of the trusts of my will And I give and bequeath unto the said Atwill Lake the legacy or sum of two hundred pounds for his trouble in executing the trusts of this my will Also I and devise unto my aforesaid second son Atwill Curtois and to his heirs executors administrators and assigns for ever All and singular my freehold ?hold ? and leasehold manors messuages lands tenements Advowsons rights of presentation tithes and hereditaments whatsoever situate lying and being or arising in the several parishes or Townships of Branston aforesaid Heighington Washingborough and Welton or any of them in the said County of Lincoln or elsewhere in the United Kingdom and all other my real estate whatsoever and wheresoever over which I have any power of appointment or disposition with their and every of their rights members and appurtenances to hold the same manors messuages lands tenements advowsons rights of presentation tithes hereditaments and real estate and every part thereof with their and every of their rights members and appurtenances unto and to the use of my said second son Atwill Curtois his heirs executors administrators and assigns for ever according to the nature and quality of such respective estates subject only as to the hereditaments comprised in or ? or affected by my aforesaid marriage settlement to the payment of the several sums of money and the performance of the several trust by such settlement made payable or secured and declared Also I give and bequeath unto my second son Atwill Curtois his executors administrators and Assigns All and singular my household goods and furniture plate linen money securities for money Stock in the Public Funds and also the aforesaid capital sum of eight thousand pounds three per cent annuity subject to the trust hereinbefore declared As to the dividends and annual produce thereof and all other my Personal estate chattels and effect whatsoever and wheresoever or of what nature or kind soever whereof and whereto I may at the time of my decease be possessed or in anywise intitled and not herein otherwise disposed of subject nevertheless to the payment and satisfaction of my just debts funeral and testamentary expenses and of the several legacies hereinbefore by my bequeathed to have hold receive and enjoy the same personal estate and effects and every part thereof unto and for the sole and absolute use benefit and disposal of my said second son Atwill Curtois his executors administrators and assigns subject as aforesaid and also subject to the payment of the legacy duty and expenses of purchase or transfer chargeable on or incident to the purchase or transfer of the specific or pecuniary legacies hereinbefore by me bequeathed so that the legatees thereof may not in anywise be subject to any deduction whatsoever on account thereof And I also give and devise to my said second son Atwill Curtois his heirs executors administrators and assigns all such estates as are vested in me as a mortgager or trustee to the intent that he and they may hold and dispose of the same as in law and equity they ought to be held and disposed of and I nominate constitute and appoint my said second son Atwill Curtois and the said Atwill Lake joint executors of this my will hereby revoking all former wills and testamentary dispositions by me made in witness whereof I have to this my last will and testament contained in five sheets of paper set my hand and seal (to wit) to the first four sheets thereof my hand only and to this fifth and last sheet my hand and seal this twentieth day of November the year of our Lord one thousand eight hundred and thirty five - Peregrine Curtois - sealed published and declared by the said Peregrine Curtois as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto the interlineation between the twenty ninth and thirtieth lines of the third sheet of the above written will beginning with the words 'Also I give' and ending with the words 'this my will' being first made and interlined previous to the execution of the said will - [Illegible]
Proved at London 30th January 1847 before the Worshipful John ? Doctor of Laws and Surrogate by the Oath of the Reverend Atwill Curtois Clerk the son and the Reverend Atwill Lake Clerk the executors to whom Admion was granted having been first sworn duly to administer.