The will of Maria Myers of Grantham

The will of Maria, widow of the Rev. John Myers junior.

This is the last Will and Testament of me Maria Myers of Grantham in the County of Lincoln Widow First I will that all my just debts funeral and testamentary expenses be fully paid and satisfied by my executors hereinafter named And I give and bequeath all my leasehold houses or house and premises with the appurtenances thereto belonging situate in Francis Street Tottenham Court Road London and also all and singular my household goods and furniture plate linen and China books prints pictures jewels trinkets and ornaments wines horses carriages live and dead stock and other articles of such nature or kind Personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the same may be (except monies and securities for money Canal Railway and other shares and securities and such articles as I may hereafter otherwise specifically give or dispose of) unto my dear sister Jemima Cheney and her assigns to and for her and their own use and benefit absolutely for ever. Also I give and bequeath unto my nephew and Godson Edward Henshaw Cheney the legacy or sum of fifty pounds To my nephew Robert Henry Cheney any object of remembrance which my sister the said Jemima Cheney may consider will be most acceptable to him To my nephews Edward Cheney and Ralph Cheney the respective legacies or sums of ten Guineas To my niece Harriet Piggott the legacy or sum of nineteen Guineas To my Great Nephew and Godson Lawrence Curt the legacy or sum of nineteen Guineas To my niece Frederica Curt Wife of Capel Curt of Blake Hall in the County of Essex Esquire my half hoop diamond ring which belonged to her great Grandmother Cheney and if I rightly recollect was left by her to my own dear Mother To the said Frederica Curt and her husband Capel Curt and each of the rest of their children some little object of remembrance at the discretion of my sister the said Jemima Cheney To my Cousin Jane Lloyd the legacy or sum of fifty pounds To my cousins Margaret Simpson and Ann Badshaw the respective legacies or sums of nineteen Guineas To my Cousins James Blyth Simpson Charles Simpson Edward Simpson Marcus Simpson Elizabeth Simpson Widow of my cousin Edward Simpson and to Mary Simpson Rebecca Simpson Elizabeth Simpson and Felicia Simpson daughters of the said Edward Simpson the respective legacies or sums of ten Guineas each To Edward Hicks son of the said Edward Simpson such object of remembrance as my said Sister the said Jemima Cheney may consider will be acceptable to him To (blank space) the wife of Charles Simpson son of my Cousin Stephen Simpson to Phillippa Hamilton Ellen Hamilton and Mary Hamilton To Jane Horsfall and to my Godson Arthur Cleveland the respective legacies or sums of nineteen Guineas each To each of them the said Phillippa Hamilton Ellen Hamilton and Mary Hamilton and Jane Horsfall who shall survive my sister the said Jemima Cheney the further legacies or sums of thirty pounds such further legacies to be payable to them respectively within six calendar months next after her decease To my sister the said Jemima Cheney the sum of nineteen Guineas for distribution at her discretion among the poor Inhabitants of the parish of Somerby preference being given to those with whom I have been longest acquainted To my servant John Lloyd the legacy or sum of nineteen Guineas if he shall be in my service at the time of my decease and to my servant Thomas Arnold the legacy or sum of nineteen Guineas if he shall be in my service at the time of my decease To the rest of my servants not in and by my said will otherwise noticed such small legacy or sum or other token of remembrance as my executors hereinafter named shall in their discretion think fit according to their merits and the length of time they shall have been in my service respectively And I direct the several pecuniary legacies hereinbefore by me given and bequeathed to be paid by my executors hereinafter named within twelve calendar months next after my decease or at such later period and that such times as my said sister the said Jemima Cheney may prefer To my Servant Mary Simpson if with me at the time of my decease I give and bequeath all and singular my wearing apparel except to such dresses lace shawls veils and other portions thereof as my sister the said Jemima Cheney may think proper to select therefrom for the use of herself or any of her friends Also I give and bequeath an annuity or yearly sum of forty pounds (to be increased to sixty pounds from and after the decease of my sister the said Jemima Cheney) to my servant the said Mary Simpson for and during the term of her natural life Also and annuity or yearly sum of eight pounds to Tamar Law the Widow of John Law late residing at Sheffield for and during the term of her natural life Also an annuity or yearly sum of fifteen pounds to be increased to 20 pounds from and after the decease of the said Jemima Cheney to Elizabeth Wheeldon Wife of George Wheeldon of Derby for and during the term of her natural life to be paid to her for her separate use and benefit independently and exclusively of the present or any future husband and without being in any wise subject to their debts claims or demands and the receipt of the said annuitant notwithstanding her coverture to be a good and effectual discharge for the same Also an annuity or yearly sum of forty pounds (to be increased to eighty pounds from and after the decease of the said Jemima Cheney) to George Cooper and Martha Cooper his wife for and during the term of their joint natural lives and the life of the survivor of them And I direct the said annual sums to be paid to the persons to whom they are respectively given by quarterly payments the first quarterly payment thereof to be made at the expiration of one calendar months after my decease Also I give and bequeath to In the Reverend Charles John Myers of Flintham in the County of Nottingham Clerk the legacy or sum of one hundred pounds to be paid to him by my executors hereinafter named within six calendar months next after the decease of the said Jemima Cheney in case he shall survive her subject nevertheless to the proviso hereinafter contained Also I give devise and bequeath unto the said Charles John Myers his heirs executors and administrators All and singular the Tithes of or rent charge or charges in lieu of Tithes charged upon and issuing out of the several lands hereditaments and premises situate lying and being in the Parish of Millom in the County of Cumberland which I some time since purchased of and from the Earl of Lonsdale to and for his and their own use and benefit provided always and I do hereby declare that such bequest and devise to the said Charles John Myers as aforesaid is upon this express condition that the said Charles John Myers executes a good and sufficient release to my executors or other parties legally requiring the same of all claims and demands which he his heirs executors or administrators can or may have claim or demand against them or any of them for or in respect of any dilapidations or waste upon or mismanagement of the plantations lands tenements and hereditaments situate at Millom aforesaid or at Wilsford or Hanthorpe in Lincolnshire or elsewhere devised to me by the will of my late husband for my life and after my decease to the said Charles John Myers and his heirs as in the said Will mentioned such lands tenements and hereditaments from being situate at a great distance from me and from my inability to undertake any personal superintendents thereof having been left to the management and control of Agents in whom I have placed confidence and so managed to the best of my power and knowledge And that in the event of his not conceding such release as aforesaid the said bequest and device shall be and become absolutely null and void And as to for and concerning all and singular my monies and securities for money rents and arrears of rent Canal Railway and other shares money in the funds or upon mortgage with the several securities for and relating to the same I give devise and bequeath the same and every part of their of unto my said sister the said Jemima Cheney and Robert Henry Johnston of Grantham aforesaid Gentleman their heirs executors and administrators according to the respective nature or qualities thereof upon trust that they the said Jemima Cheney and Robert Henry Johnston or the survivor of them his heirs executors or administrators do and shall with all convenient speed after my decease call in and convert into money all such parts thereof as shall not consist of money and do and shall stand possessed thereof together with such parts as shall consist of money upon trust in the first place to pay and discharge thereout all and singular my just debts and funeral and testamentary expenses including decent ?? To be given to the several Servants in my service at the time of my decease and also the several legacies or pecuniary bequests hereinbefore by me given and bequeathed and then upon further trust that they my said trustees or the survivor of them his executors or administrators do and shall place out and invest in or upon any of the Parliamentary stocks or funds or upon Government or real securities in England in their or his names or name a competent sum or competent sums of money to meet the payment of the several annuities and other payments hereinbefore by me given and bequeathed and do and shall from time to time again vary alter or transpose such stocks funds or securities for others of the like nature as they or he in their or his discretion shall think fit and do and shall by and out of the interest dividends or produce thereof pay and discharge the several annuities and other payments hereinbefore by me given and bequeathed as and when and so often as the same shall become due and payable and then upon further trust that they my said trustees or the survivor of them his executors or administrators do and shall stand possessed of and interested in the residue and remainder of the said trust monies and premises stocks funds and securities (subject to the several annuities and payments to which the same is hereby made liable) To and for the use and benefit of my said sister the said Jemima Cheney the executors administrators and assigns to whom I give and bequeath the same accordingly And I do hereby particularly request my said sister to take under her charge all and every the child and children of the said George Cooper and Martha Cooper and to make such provision for them or to render them such assistance from time to time as she in her discretion may think fit Also I give and bequeath unto my dear friends Miss Maria Cox Miss Ayre John William Cheney Ewart The Reverend William Patchett Miss Mary Sophia Patchett George White and Mrs White Jane the wife of the said Robert Henry Johnston Mrs Holmes Louisa Holmes Fanny Holmes and Isabella Reid Mrs ?? Sarah ?? and Ellen ?? Mrs Rudd Miss Mary Jane Rudd Miss Elizabeth All right and William Rudd and Mrs Anna Maria Ranie Clara English and Laura Brown and to Eliza the Wife of my Cousin James Simpson and to Mary Simpson their daughter and to John Simpson their son respectively such tokens of my remembrance as may be acceptable to them either in furniture books or other articles as my sister the said Jemima Cheney may determine to be best And I do hereby give and devise all my messuages lands tenements and hereditaments situate in Grantham aforesaid and also the said Ties or rent charge in lieu thereof in case the Condition annexed to the devise thereof hereinbefore contained shall not be fully observed and kept And also all other my hereditaments and real estate over which I have any power of disposition by Will unto the said Jemima Cheney Edward Hicks of Wilbraham Temple Cambridgeshire Esquire and the said Robert Henry Johnston their heirs and assigns To the use of the said Jemima Cheney Edward Hicks and Robert Henry Johnston their heirs and assigns but upon and for the trusts intents and purposes and with the powers hereinafter declared concerning the same (that is to say) In trust for the said Jemima Cheney and her assigns during her natural life without impeachment of waste and immediately from and after the decease of the said Jemima Cheney In trust for Edward Henshaw Cheney of Gaddesby in the County of Leicester Esquire and his assigns during his natural life without impeachment of waste and immediately from and after the decease of the said Edward Henshaw Cheney In trust for all and every or such one or more exclusively of the other or others of the child or children of the said Edward Henshaw Cheney and of the issue if any of the same child or children who shall depart this life in the lifetime of the said Edward Henshaw Cheney leaving a child or children then living at such age or time ages or times in such shares and proportions for such a state and estates of inheritance charged with yearly or other sum or sums of money and with such conditions or limitations over (the securities or sum or sums of money conditions and limitations over being for the benefit of some other or others of such children or issue as the said Edward Henshaw Cheney by any deed or deeds writing or writings with or without power of revocation to be sealed and delivered by him in the presence of two or more witnesses or by his last Will and Testament in writing direct limit or appoint And for want of any such direction limitation or appointment as aforesaid or so far as the same if incomplete shall not extend In trust for such child or children or other issue of the said Edward Henshaw Cheney who at his decease shall be his heir or co-heiresses at Law and his her or their heirs and assigns But if the said Edward Henshaw Cheney shall die without leaving lawful issue or leaving issue all such issue shall die under the age of twenty-one years with out leaving issue Then in trust for James Blythe Simpson of Derby in the County of Derby Gentleman and his assigns during his natural life without impeachment of waste And immediately from and after the decease of the said James Blythe Simpson In trust for all and every or such one or more exclusively of the other or others of the child or children of the said James Blythe Simpson and of the issue of any of the same child or children who shall depart this life in the lifetime of the said James Blythe Simpson leaving a child or children then living at such age or time or ages or times in such shares and proportions for shares estate and estates of inheritance charged with such yearly or other sums or sums of money and with such conditions or limitations over (the same sum or sums of money conditions and limitations over being for the benefit of some other or others of such children or issue) as the said James Blythe Simpson shall by any deed or deeds writing or writings with or without power of revocation to be sealed and delivered by him in the presence of two or more witnesses or by his last will and Testament in writing direct limit or appoint and for want of any such children at limitation or appointment as aforesaid or so far as the same if incomplete shall not extend In trust for such child or children or other issue of the said James Blythe Simpson who at his decease shall be his heir or co-heiresses at Law and his her or their heirs and assigns trustee or trustees in the room of the trustees or trustee so dying or desiring to be discharged from or declining or becoming incapable to act as aforesaid and thereupon the trust estates and premises subject to any of the trusts hereinbefore declared shall be conveyed and assigned to and vested in such new trustee or trustees solely or jointly with the surviving or continuing trustees or trustee as occasion shall require and that such new trustee or trustees shall have all the same powers and authorities to all intents and purposes whatsoever as the trustee or trustees in whose room he or they shall be so substituted and shall and may act in the trusts hereby created the same manner as if he or they had been hearing originally nominated a trustee or trustees Provided also and I hereby declare that the said several trustees hereby appointed or to be appointed by virtue of the proviso hereinbefore contained and each and 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 her or their or any of their giving or signing or jointly in giving or signing any 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 nor for the acts receipts neglects or defaults of the other or others of them but each and every of them only for his her and their own acts receipts neglects or defaults respectively and that they or any of them shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands or custody any part of the trust monies or property subject to any of the trusts hereinbefore declared shall or may be deposited or launched for save custody or otherwise in the execution of any of the trusts hereinbefore mentioned and that they or any of them shall not be answerable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which any trusts or monies subject to the trusts hereby declared shall be placed or invested nor for any other misfortune loss or damage which may happen in the execution of any of the trusts hereby declared or in relation thereto except the same shall happen by or through their own wilful neglect or default respectively and also that it shall and may be lawful to and for the said trustees hereby appointed or to be appointed as aforesaid and every or any of them their and every of their heirs executors administrators and assigns by and out of the monies which shall come to their respective hands by virtue of any of the trusts hereby declared to retain and reimburse themselves himself and herself and also to allow his her and their cotrustee and cotrustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend or be put unto in or about the execution of any of the trusts hereinbefore declared or in relation thereunto And I do further declare that any of the said trustees hereby appointed or to be appointed as aforesaid who shall happen to be Solicitors or Attorneys or a Solicitor or Attorney shall be entitled to be paid out of the said trust estates and premises for all business done by them or him as Solicitors poor Attorneys or as a Solicitor or Attorney for or in respect of the said trust estates and premises in the same manner in every respect as if they or he had not been such trustees or trusty And I do hereby appoint the said Jemima Cheney and Robert Henry Johnston Executrix and Executor of this my Will and hereby revoking all other Wills by me at any time made I do declare these nine sheets of paper written on one side only and each of them signed by me to be my last Will and Testament this fourth day of May one thousand eight hundred and forty nine - Maria Myers - These nine sheets of paper written on one side only were each of them signed by the said Testatrix Maria Myers as and for her last will and Testament in the presence of us present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as witnesses – Robt. A. White Solicitor Grantham - M Burbage his clerk