The will of Rev Dr Francis Willis

Francis Willis's will. In it he leaves his practice at Greatford to his son John on condition that he continue to treat patients; if not, then to his son Robert on the same condition; if he didn't want it, then the lease to be sold and the proceeds divided. Shillingthorpe was given to John, but Robert could live and work there if he wanted to, and John had to pay his brothers Robert, Francis and Thomas £60 a year. The house in Tenterden Street in London was left to Robert. His second wife Ann got £400 a year, and his son Francis £140 a year on condition that he remain unmarried. Susan Curtois, wife of the Rev John Curtois of Harmston and his wife's sister, got £50 a year. The executors were to invest everything else and divide the income equally between his sons John, Thomas and Robert, until only one of them survived, and that last son should then inherit the lot. The other son Admiral Richard Willis got £1000 as an afterthought in a codicil, but the will imples that a marriage settlement had already been entered into. William Mainwaring of Hanover Square, London, and Rev Peregrine Harrison Curtois (his wife's brother) of Branston were appointed executors, but Curtois was removed in a codicil and replaced by Rev Thomas Foster of Tidwell, Rutland.

I Francis Willis of Greatford in the County of Lincoln Doctor in Physic do make this my last Will and Testament in manner following first my will and desire is that my Sons John Willis and Robert Darling Willis do continue to practise physic and that they or one of them do reside in the house I occupy at Greatford and or on my Estate at Shillingthorpe and receive patients under their care in the manner I have done for many years and in that hope I give to my Son Doctor John Willis the house and possession of the house and premises I occupy at Greatford and I also give to my son John the use of my household Furniture Goods Plate and Books there except as after mentioned upon condition that he resides in Greatford house or the house lately built by me on my Estate at Shillingthorpe and receives patients at one of those places in the manner I now do at Greatford but my will is that my household Furniture Goods Plate and Books shall be fairly valued and that my said son John shall pay at the rate of 6 pounds per cent per annum according to the value for the use thereof which sum for the use thereof I direct shall be paid half yearly to and be divided equally among my sons Thomas and Robert Darling Willis but if my son John shall not reside at Greatford or at Shillingthorpe and receive patients in one of those places then I give the house and possession of the house and premises at Greatford to my son Dr Robert Darling Willis if he shall think fit to reside there and receive patients as aforesaid but not otherwise together with the use of the household Goods Furniture Plate and Books therein at the time of my decease except as after mentioned he paying Interest for the value thereof at the rate aforesaid to be divided equally between my Sons John and Thomas and survivor of them and if by the Expiration of the Lease of the house and premises at Greatford or any other cause my son Robert shall find it necessary to quit the possession of the house at Greatford then my will is and I so hereby direct that he shall be at liberty to reside at and have the possession of my house at Shillingthorpe together with the use of the aforesaid household Furniture Goods Plate and Books upon the Terms and Conditions aforesaid and paying a reasonable Rent to my son John for the house and premises he should occupy there but if neither of my Sons John or Robert shall reside at Greatford or at Shillingthorpe to receive patients then I direct that my household Furniture Goods Plate and Books shall be sold the Money arising by such Sale be equally divided between my Sons John Thomas and Robert or such of them as shall be living at the time my Sons John and Robert shall decline or cease to receive patients at Greatford or Shillingthorpe and my Will is that if neither of my Sons John or Robert Darling shall reside at Greatford that in such case the Lease of that house and premises shall be sold and the money arising by such Sale shall be equally divided between my Sons John Thomas and Robert Darling or such of them as shall be then living Also I give to my Son Doctor John Willis and his heirs all and singular my Messuages Lands Tenements and Heredits called the Shillingthorpe Grounds or Pastures in the Manor of Braceborough and Greatford heretofore purchased by me of the Earl of Exeter and the Marquis of Salisbury subject nevertheless to the possession and occupation of my Son Robert Darling Willis for the purpose and upon the Conditions hereinbefore and after mentioned and also subject to the payment of and which I hereby charge with the payment of the sum of Sixty Pounds a year payable and to be paid half yearly to my Son the Reverend Doctor Thomas Willis and his heirs from and out of the Rents Issues and Profits thereof with power of Distress and Entry for nonpayment thereof and give subject to the payment of and which I hereby charge with the payment of the Sum of Sixty Pounds a year payable and to be paid half yearly to my Son Dr Robert Darling Willis and his heirs from and out of the Rents Issues and Profits thereof with power of Distress and Entry for nonpayment thereof and also subject to the payment of and which I hereby charge with the payment of the Sum of Sixty Pounds per year payable and to be paid half yearly to my Son Francis Willis for and during the term of his Natural Life from and out of the Rents Issues and Profits thereof with power of Distress and Entry for nonpayment thereof and from and after his decease I give the said Sum of Sixty Pounds a year mentioned charged and to be paid as aforesaid to such of my Sons and their heirs in such manner and in such shares and proportions as my said son Francis Willis shall by his last Will and Testament in writing witnessed in the presence of three witnesses Limit Direct and Appoint and for want of such Appointment after the decease of my said Son Francis I give the said last mentioned Rent Charge or Annual sum of Sixty Pounds to and among all my Sons living at the death of my said Son Francis and their heirs equally share and share alike with power of Distress and Entry for nonpayment thereof but my Will is and I so hereby direct that notwithstanding the Disposition I have herein made of my Shillingthorpe Estate if my Son John should not receive patients in manner aforesaid neither at Greatford nor at Shillingthorpe that my son Robert Darling Willis shall be at Liberty to reside at Shillingthorpe and occupy the House and Premises I have lately built there for the purpose of carrying on the Business aforesaid paying a reasonable Rent to my Son John and his heirs for the same and that my said Son Robert Darling shall have the use of the Furniture Goods Plate and Books at Greatford at the time of my decease he paying a percentage according to the value thereof in manner tendered in aforesaid and in that case my Will if that the Furniture shall not be sold so long as he shall commit to carry on that business also I give to my Son Robert Darling Willis my Freehold Lease and Premises in Tenterden Street Hanover Square with all the Furniture therein for and during the term of his natural life and from and after his decease I Give the said house and premises to the heirs of the body of the said Robert Darling Willis with power nevertheless for him to suffer or charge the same or any part the of by way of Fointure or Settlement on any Wife he shall marry for and during the life of such Wife and in? of Issue of my said Son Robert Darling Willis I Give the said house and premises to my Sons John and Thomas and their heirs equally share and share alike as Tenants in common and not as joint Tenants Also I give to William Mainwaring of Hanover Square Esquire and the Reverend Peregrine Harrison Curtois of Branston in the County of Lincoln my annuity or pension of one thousand pounds a year granted to me by Parliament for twenty one years from the fifth day of January 1789 In Trust to recover and pay the same to such among my Sons John Thomas and Robert or such of them as shall be living at my decease equally share and share alike save and except the sum of fifty Pounds a year which I hereby direct my said Trustees to pay to Mrs Susan Curtois the wife of the Reverend John Curtois of Harmston in the County of Lincoln out of the said annuity or pension of one thousand pounds a year during the remainder of the said term of twenty one years if she shall so long live and in case of her decease I direct my said Trustees to pay the said fifty pounds a year to and among my Sons John Thomas and Robert equally share and share alike but in case Mrs Susan Curtois shall survive the said Term of twenty one years when the said annuity or pension will cease then I direct my said Trustees to pay to the said Susan Curtois the sum of fifty pounds a year during her life and to retain and set apart a sufficient Sum for that purpose out of the money which shall be received by them In Trust for the several purposes of this my Will and in case of the death of either of my Sons John Thomas and Robert during the said term of twenty one years leaving Issue I direct my said Trustees to pay the share and proportion of such Son so dying to and among such Issue share and share alike and I do hereby authorised and directed the said William Mainwaring and Peregrine Harrison Curtois to set apart and invest in the public Funds a sufficient sum out of my Estate and Effects which shall come to their hands by virtue of this my will to pay and discharge the Annuity and to perform the Covenants entered into by me on the Marriage of my Son Richard with Miss Child his present wife Also I Give to the said William Mainwaring and Peregrine Harrison Curtois and their heirs my Manor of Braceborough in the said County of Lincoln together with all and singular my Messuages Lands Tenements and Heredits situates lying and being within the said Manor and lately purchased by me of the Earl of Exeter In Trust by and out of the Rents Issues and Profits to pay to my Dear Wife Ann Willis for and during the term of her natural life an Annuity or the yearly Sum of Four hundred pounds as and for a Fointure in full bar satisfaction and discharge of her Dower or Thirds of the Common Law which she may have or thaign from or out of my Estates the said The sum of Four hundred pounds to be payable and paid to her at four quarterly payments in the year viz at and on the tewenty fifth day of March the tweny fourth day of June the twnety ninth day of September and the twenty fifth day of December every year the first quarterly payment to be made on the quarter day next ensuing after my decease and I do hereby subject charge and make liable my said Manor of Braceborough and all and singular my Messuages Lands Tenements and Heredits therein not hereinbefore given to my said Son John to and among my Sons John Thomas and Robert and their heirs equally share and share alike as Tenants in common and from and after the decease of my said Wife my will is that the Trust hereby created as to the said Manor of Braceborough and the Messuages Lands Tenements and Heredits therein contained not hereinbefore given to my said Son John shall cease and determine and I do hereby give the said Manor of Braceborough and all and singular the Messuages Plans Tenements and Heredits therein contained not given as aforesaid to my Sons John Thomas and Robert and their heirs equally between them share and share alike as Tenants in common and not as joint Tenants but in case the Rents Issues and Profits of my Braceborough estate last purchased of the Earl of Exeter shall be by any accident or other means at any time become insufficient to pay to my said Wife the Sum of Four hundred pounds a year in manner aforesaid then and in such case I do hereby charge and make liable all and singular other my Messuages Lands Tenements and Heredits called the Shillingthorpe Grounds or pastures hereinbefore given to my said Son John with the payment thereof and I do hereby authorise and require my said Trustees William Mainwaring and Peregrine Harrison Curtois and their heirs to enter upon and take possession of the said Lands Tenements and Heredits and to have receive and take so much of the Rents and Profits thereof as will be sufficient to make up and pay the full Sum of Four hundred pounds a year clear of all deductions to my said wife prior and in preferment to all other Charges and payments to be made thereout under and by virtue of this my Will Also I give to my Son Francis Willis during so long as he shall continue sole and unmarried and no longer one annuity or the yearly Sum of One hundred and forty pounds in addition to the Sum of Sixty pounds a year which I have before given him by this my Will and I do hereby authorise and direct the said William Mainwaring and Peregrine Harrison Curtois to set apart and invest in the public Funds a sufficient Sum out of my Estate and Effects which shall come to their hands by virtue of this my will to raise and secure the Sum of one Hundred and Forty pounds a year by four quarterly payments viz on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in every year to my son Francis during the term of his natural life if he shall so long continue sole and unmarried and no longer and from and after the decease or marriage of my said Son Francis I give such Sum as shall be invested in the public Funds for securing the said annuity of One hundred and Forty pounds to my Sons John Thomas and Robert equally share and share alike to be paid to them immediately after the decease or marriage of my said Son Francis and in case of the death of either of my Sons John Thomas or Robert I give the share of such Son so dying to the Child or Children of such Son equally among them and in case of the death of either of my Sons John Thomas or Robert without Issue before the Event of my Son Francis dying or marrying then I give the share of such of my three sons so dying to and among the Survivors or Survivor of such Sons and their or his Issue and as to all and singular other my Estates Mortgages Bonds Notes Debts Money in the public Funds Horses Carriages Live and dead Stock and other Effects whatsoever and wheresoever after payment of my Debts Legacies and Funeral Expenses I Give the same to the said William Mainwaring and Peregrine Harrison Curtois their Heirs Executors and Admins in Trust to invest the same in Government Annuities and to pay and apply the Interest Dividends and produce thereof subject to such payments as aforesaid in manner following that is to say to and among my sons John Thomas and Robert equally for and during the term of their lives and from and after the decease of the said John Thomas and Robert or any of them bearing Issue I direct my said trustees to pay and transfer so much of the Stock Money and Effects hereby last vested in them as such Son would upon the equal division with his said Brothers at the time of his death have been entitled to and among the child or children of such Son so dying to be equally divided among them if more than one and in case either of my Sons John Thomas all Robert shall die without Issue I direct my said Trustees to pay and apply the Interest Dividends and produce of the Share to which such Son so dying without Issue was entitled equally to and among these Survivors and when it shall so happened that there shall be only one Survivor of the said John Thomas and Robert then I direct my said Trustees to pay and transfer the whole of the Money Stock and Effects to such only and last Survivor and the Trust hereby last created shall cease and determine and I do hereby Give and bequeath to my Friends the said William Mainwaring and the said Peregrine Harrison Curtois and to each of them the Sum of Five Hundred Pounds as a token of my regard and esteem for them and I do hereby constitute and appoint the said William Mainwaring and Peregrine Harrison Curtois Executors of this my Will and do revoke all former Wills by me at any time heretofore made and declare this to be my last Will and Testament on Seven Sheets of paper each sheet signed by me at the bottom of the Margin hereof In Witness whereof I have hereunto set my hand and seal this eighth day of December 1799 – Francis Willis - Signed Sealed Published and declared by the Testator Francis Willis as and for his last Will and Testament in the presence of us Thomas Banks William Burton Abraham Bailey attendants on patients at Greatford

A codicil to my Will whereas by my last Will and Testament bearing date the Eighth day of December 1799 I have given to my Wife Ann Willis by way of Fointure and in bar of Dower the yearly Sum of four hundred pounds to be paid to her by four quarterly payments without any Legacy or Sum immediately on my decease Now therefore I do hereby Give to my said Wife the Sum of four hundred pounds as an immediate Legacy to be paid to her in addition to what I have given her by my Will to be paid to her by my Executors as soon as conveniently can be after my decease prior and in preferment to all other payments under my will and I do hereby declare this to be a Codicil to my said Will In Witness whereof I have hereunto set my hand and seal this sixth day of January 1800 – F. Willis

A codicil to my Will Whereas on the ninth day of December in the year of our Lord one thousand seven hundred and ninety nine ie duly made and executed my Will and Testament in Writing and on the sixth day of January one thousand eight hundred I made and executed a Codicil to my said Will and on the twelth day of December eight hundred and two I made and executed a further codicil to my said Will and Whereas in and by my said Will I constituted and appointed William Mainwaring of Hanover square in the County of Middlesex Esquire and the Reverend Peregrine Harrison Curtois of Branston in the County of Lincoln my Trustees and Executors for carrying into execution the several Dispositions Intents and Purposes expressed and declared by my said Will and Codicils and whereas I have since the making the said Will and Codicils thought it fit and proper to revoke alter and amend so much of my said Will as constitutes and the points the said Peregrine Harrison Curtois a Trustee and executor under my will and gives to the said Peregrine Harrison Curtois a Legacy or Sum of Five Hundred Pounds Now therefore I do by this Testament or Codicil revoke annul and make void so much of my said Will as constitutes and appoints the said Peregrine Harrison Curtois a joint Trustee and Executor in the Trusts Intents bequests and purposes created given and made under and by virtue of my said Will and I do revoke annul and make avoid the Legacy or bequest of the Sum of £500 which I have given by my said Will to the said Peregrine Harrison Curtois being my Will that the said Peregrine Harrison Curtois shall not act or in any manner interfere as a Trustee or Executor or receive any Legacy or Interest made or by virtue of my said Will and further I do hereby in the place and stead of the said Peregrine Harrison Curtois make constitute and the point the Rev Thomas Foster of Tidwell in the County of Rutland to be a Cotrustee and Executor with the said William Mainwaring for carrying into Effect all and every the Trusts Intents and purposes by me proposed expressed and declared in and by my will and codicils before mentioned or any other Codicil which I may at any time hereafter make and I do hereby give to the said Thomas Foster the Sum of two hundred pounds In witness whereof I have to this Testament or Codicil set my hand and seal this seventeenth day of May Eighteen Hundred and Ten – F Willis – signed Sealed and Delivered by Dr Francis Willis as an Instrument or Codicil appertaining to his will in the presence of others – William Burton – William Hickson – William Woodward

This is a further codicil to my will whereas since the making my will bearing date the eighth day of December 1799 I have purchased a copyhold Messuage and premises situated at Baston in the County of Lincoln then and now in the occupation of William Davenport Bromley Esquire and surrendered the same to the use of my Will and it is my desire and intention to dispose of the same in the manner and under the Terms Conditions and Institutions I have willed and disposed of my Freehold Estate at Shillingthorpe it in my Will mentioned Now I do hereby give and devise the said Copyhold Messuage and premises to such person and persons as shall at any time under and by virtue of my said Will be entitled to my said Estate at Shillingthorpe and I do hereby direct and will that the said Copyhold Messuage and premises shall be subject and liable to a proportional part of the said payments Charges Incumbrances and Outgoings as I have made my said Freehold Estate at Shillingthorpe subject and liable to buy by said Will It being my Will and Intention that the said Copyhold Messuage and premises shall in every respect be considered as if the same were a part of the Shillingthorpe Estate and had been so mentioned to be in the body of my will and further by this codicil to my will I give and bequeath to my son Captain Richard Willis the Sum of One thousand pounds to be paid to him by my Executors as soon as conveniently may be after my decease In Witness whereof I have to this Codicil to my Will set my hand and seal this tweny third day of December 1805 – F Willis – Signed Sealed Published and Declared by Dr Francis Willis as and for a codicil to his will in the presence of us – William Roden – John Cuddington – William Rogers – X his mark

Appeared Personally John Hodgson of? Buildings Holborn in the County of Middlesex Esquire, and Maria Strong of No. 51 Great Ormond Street Queen Square in the said County of Middlesex Spinster and made oath that they know and were well acquainted with Francis Willis late of Greatford in the County of Lincoln Doctor of Physic deceased for several years before and to the time of his death and they also know and are well acquainted with his manner and character of handwriting and subscription having several times seen him write and also write and subscribe his manner and having now with care and attention reviewed and perused the paper writing hereunto annexed purporting to be and contain a Codicil to the last Will and Testament of the said deceased beginning thus "a Codicil to my Will" ending thus "In Witness to whereof I have hereunto set my hand and seal this sixth day of January 1800" and thus subscribed – "F Willis" the the Deponents say that they verily and in their consciences believe the said Subscription to be of the proper handwriting of the said Francis Willis Dr of Physic deceased –Jno Hodgson – Maria Strong – same day the same John Hodgson and Maria Strong words duly sworn to the truth of this affidavit before me George Ogilvie – Surrogate

21st March 1808 Appeared personally William Mainwaring of Hanover Square in the County of Middlesex Esquire one of the Executors named in the last Will and Testament of Francis Willis late of Greatford in the County of Lincoln Doctor of Physic deceased and made oath on the Book Evangelists that he was with the said deceased at his House at Greatford aforesaid on the 12th day of December 1802 as he now well recollects and is the now confirmed therein from his notes entered in his Memorandum Book which he made use of at that time and he swore that the said deceased had frequently expressed to him the Deponent his Intention to make some provision for Mr Thomas Embly a person who had been many years employed by him as a Surveyor and Builder in case he should survive him and he requested the Deponent on the said 12th of December 1802 to write him the form of a Codicil to devise and Annuity of Forty Pounds to the said Thomas Embly during his life according to the Opponents best recollection as to the Sum and the Deponent accordingly boat out such and gave it to the deceased and Deponent says that to the best of his knowledge recollection and belief no other legacy or bequest whatsoever was expressed in the said Codicil and the Deponent further said that altho the most diligent search has been made since the death of the said deceased in among his papers of moment and? to find the said Codicil the same cannot be found but as the said Thomas Embly Died in the lifetime of the deceased by which Event the said Legacy or bequest became void and of no effect this deponent is inclined to believe and does believe that the said deceased destroyed the aforesaid codicil in his life time – W.Mainwaring. Same day the said William Mainwaring Esq was duly sworn to the truth of this affidavit.

On the twenty eight day of March in the year of our Lord One Thousand Eight Hundred and Eight admon with the Will and three Codicils annexed of all and singular the Goods Chattels and? Of Francis Willis late of Greatford in the County of Lincoln Doctor of Physic deceased was granted to John Willis Doctor of Physic The Reverend Thomas Willis Doctor of Laws and Robert Darling Willis Doctor of Physic the Sons of the deceased and the Residuary Legatees for life named in the said Will they having been first sworn duly to administer William Mainwaring Esquire the Executor and Residuary Legatee In Trust named in the said will and the Reverend Thomas Foster Clerk the Executor and Residuary Legatee In Trust named in the second codicil having respectively ? as well the probate and execution of the said Will and Codicils as per Letters of Admon (with the said Will and Codicil is annexed) of the Goods of the said deceased as by Acts of Court appeared.