This is the last will and testament of me James Strudwick of Ealing in the County of Middlesex Gentleman
I give and bequeath all my plate linen glass china books and household furniture Personal Estate and Effects money and securities for monies, other than and except money advanced on Government or real security, which may be in my house at the time of my decease unto my wife Sarah Strudwick for her own absolute use and benefit
I also give and bequeath to each of my servants Samuel Nelson and Elizabeth Stone a legacy of ten pounds if in my service at the time of my decease
I also direct my executors hereinafter named to give the sum of ten pounds in aid of the British and Foreign Bible Society
I give devise and bequeath all the Rest Residue and Remainder of my Personal Estate and Effects and all such freehold copyhold and other real estates as shall be vested in me at the time of my decease unto my said wife and my brother in law Charles Newman the elder of xxxx in the said County of Middlesex, and Robert Hart of Ealing aforesaid, and my son in law James Henry Elphick their heirs executors and administrators upon the trust following (that is to say)
As to the messuage and dwelling house at Ealing in which I at present reside with the garden, coachhouse, stable, greenhouse and appurtenances thereunto belonging, and therewith held, and as to the small garden in Ealing late in the occupation of Henry Shorter and now in the occupation of Mr Blake in trust for my said wife and her assigns during the term of her natural life, and as to the two messuages or dwelling houses tenements and premises with the appurtenances situated in Ealing aforesaid and now in the occupation of Richard Chard Shoemaker and William Gripps Grocer :
In trust to permit my daughter Mary Ann the wife of the said James Henry Elphick to receive the rents and profits thereof during the minority of her daughter, Fanny Sarah Large, by her former husband and her daughter Mary Elizabeth Elphick by her present husband for her sole and separate use independant of her present husband or any further husband and on the said Fanny Sarah Large attaining her age of twentyone years,
Upon trust to convey and transfer the messuage or tenement dwellinghouse and premises with the appurtenances now in the occupatiomn of the said Richard Chard unto and to the use of the said Fanny Sarah Large her heirs and assigns and on the said Mary Elizabeth Elphick attaining her age of twentyone years upon trust to convey and transfer the said messuage or tenement dwellinghouse and premises with the appurtenances now in the occupation of the said William Gripps unto and to the use of the said Mary Elizabeth Elphick her heirs and assigns
And in case one only of them, the said Fanny Sarah Large and Mary Elizabeth Elphick, shall live to attain the age of twenty one years, then the two messuages or tenements dwellinghouses and premises shall be in trust for and shall be transferred and converted to the survivor of them, the said Fanny Sarah Large and Mary Elizabeth Elphick her heirs and assigns, and in case both of them the said Fanny Sarah Large and Mary Elizabeth Elphick shall die before they attain the respective ages of twentyone years, then I direct that the said messuages tenements dwellinghouses and premises with the appurtenances shall be in trust for and shall be conveyed and transferred unto and to the use of my said daughter Mary Ann Elphick her heirs and assigns for her own sole and separate use and benefit, free and independant of her present or any future husband
And as to the residue of my personal estate :
Upon trust to sell dispose of and convert into money such part thereof as shall not consist of money, but with power to permit such parts thereof as may consist of leasehold estates or chattels real or stocks funds or charges or as may be invested on securities or otherwise, to remain in the same state of investment as long as my trustees shall think fit, and also to call and receive so much thereof as shall consist of money and by and once the moneys arising from such sale and so be called in and received make payment of the monetary expenses and the several legacies bequeathed by this my will
I direct my trustees to lay out and invest all the residue of the moneys to arise from such conversion of my personal estate, or so to be called in as aforesaid, which shall remain after satisfying the purposes aforesaid, on Government or real securities in Great Britain with full power to pay and transpose the stocks funds and securities on which my said real or any residuary personal estate may at any time be invested for others of or same nature, when and so often as such trustees shall think proper
And that my trustees shall stand possessed of my residuary personal estate and also of my real estate conveyed nevertheless to the life interest herein before given to my said wife Upon trust as to the interest dividends rents and annual produce thereof, to pay and apply thereof such sum or sums of money as shall from time to time be necessary in repairing and keeping in repair the buildings of my devised real and leasehold estates, including those a life interest in which is given to my said wife, and in paying the rents and performing the covenants contained in any leases under which my leasehold estates may be held, and in xxx using and keeping in xxx all such insurance from xxx or damage by fire, and subject thereto upon trust to pay to or permit my said wife to receive the same during her life
And in case my said wife shall die in the lifetime of the said Mary Ann Elphick, then from and after the decease of my said wife, to pay the rents dividends interest and annual produce of my said real and residuary personal estate unto, or permit the same to be received by, the said Mary Ann Elphick for her life and I declare that it shall not be lawful for my said daughter to anticipate charge or encumber the life interest hereby given to her in my real and residuary personal estate or in any part thereof and that the interest dividends and annual produce thereon made payeble to her shall be for her sole and separate use independant of her present husband and of any other husband she may marry
And from and after the decease of my said daughter (after having survived my said wife) Then upon trust to pay the rents interest dividends and annual produce of my said real and residuary personal estate unto, or permit the same to be received by, the said James Henry Elphick and his assigns during his life and subject to the several trusts aforesaid or such of them as shall from time to time be subsisting
I declare that my said real and residuary personal estate shall be held upon the trusts following namely In trust for the said Sarah Ann Large and other the children of my said daughter Mary Ann Elphick as well by her present husband as by any future husband or husbands and their respective heirs executors and administrators equally to be divided between or amongst them, if more than one, share and share alike, the share or respective shares of each of them as shall be a son or sons to be an interest or interests vested in him or them at his or their age or respective ages of twenty one years, and the share or respective shares of her or them as shall be a daughter or daughters to be an interest or interests vested in her or them respectively at her or their age or respective ages of twentyone years or day or respective days of marriage which shall first happen
And in case any one or more of such children being a son or sons shall die under the age of twenty one years, or being a duaghter or daughters shall die under such age and without being married, then as to all and every the share or shares as will accruing as original of every such child so dying, In trust for the surviving or other child or children of my said daughter and their respective heirs executors and administrators equally to be divided amongst them (if more than one) as tenants in common to be all interest or interests vested in him her or them respectively at the same age or time or respective ages or times as his her or their original share or shares respectively or as near thereto as may be
And in case my said daughter shall die without leaving any child or children who shall live to attain the a vested interets in my said real or residuary personal estate, the same or so much thereof as shall not have been applied under the power of advancement hereinafter contained, shall subject to the trusts aforesaid or such of them as shall be subsisting or held upon the trusts following (that is to say):
In case my son in law the said James Henry Elphick shall survive both of them, the said Mary Ann Elphick and my said wife, then interest to pay unto the said James Henry Elphick during his life the rents interest dividends and annual produce of my said real and residuary personal estate and from and after the decease of the survivor of them, my said wife, my said daughter Mary Annn Elphick without children who shall live to attain the age a vested interest as aforesaid, and James Henry Elphick upon trust for such of the children of my late sister Ann Earle and my late brothers Thomas Strudwick and William Strudwick and of my late brother in law William Corney as shall be living at my decease and their respective heirs executors and administrators equally to be divided between such children as tenants in common
Provided always, and I hereby declare that it shall be lawful, for my said trustees to lay out and apply for the maintenance and education of any child or children of my said daughter the whole or any part of the interest dividends or annual produce of the portion or share, or respective portions or shares to which such child or children shall for the time being as will by accrual or otherwise be presumptively entitled under the trusts aforesaid, and I direct my trustees to accumulate the surplus, or unapplied income, and add the accumulations to, and to go along with, the share or shares or interest in respect of which the same shall have arisen, with power nevertheless for my said trustees if they shall see occasion so to do at any time or times respectively to apply such accummulation, or any part thereof, for the better maintenance or education of the child or children in respect of whose expectant portion or portions such accumulations shall have arisen
And I declare that it shall be lawfull for my said trustees at any time to apply any part or parts (not exceeding one moiety) of the portion or respective portions to which and child or children of my said Daughter may be preumptively entitled in, or for the placing or putting of him or her or them in, or to any profession business or employment or other wise, for his her or their advancement in the world or on marriage, notwithstanding his her or their portion or respective portions shall not then have become vested previous
That no such advance shall be made out of any part of my property or trust funds in which any person or persons shall have a life interest or life interests without his her or their consent in writing, which consent my daughter the said Mary Ann Elphick is hereby authorised to give, notwithstanding the restrictions against alienation by her provided
Also that it shall be lawfull for my said trustees from time to time to demise or lease all or any part of my said real and leasehold estate for any term or terms not exceeding twentyone years, in possession at the best rent or rents that can be reasonably obtained under, and subject to, such stipulations and agreements as to my said trustees shall seem best,
And also to dispose of all or any part, or parts of my said real estate to any person, either together or in parcels, and either by public auction or private contract, or partly by public auction and partly by private contract, for such price or prices as to my said trustees may seem proper, and it shall be lawful for them to sell the same or any part thereof subject to any special conditions of sale or stipulations as regards the title or otherwise which they shall think advisable and also to buy in the said hereditaments or any part or parts thereof and to sell the same at any future auction or by private contact with such liberty as last mentioned without being liable to answer for any loss or diminution in price by such resale
And that upon any such sale it shall be lawful for my said trustees to revoke and annul determine and make void all and every the devises estates limitations trusts powers and provisions herein before recited and declared and contained of and concerning my said real estates or such part or parts thereof as shall be sold or disposed of and to limit and appoint the hereditaments whereof such revocation shall be made to the person or persons who shall agree to become the purchaser or purchasers thereof and his or their heirs and assigns or as he or they shall direct or appoint provided always that no such lease or sale shall be made as aforesaid without the consent in writing of my said wife and daughter or when any part of my said real estate shall be sold or disposed of by virtue of the power hereinbefore in that behalf contained
The money arising bu any such sale or disposition as aforesaid shall be laid out in the manner as is herebefore directed with reference to my said residuary personal estates with a like power of varying the securities from time to time
And I declare and direct that the funds and securities on which the same many be invested and the interest dividends rents and annual produce thereof shall from time to time go and be paid to such person or persons and be applied to and for such trusts intents and purposes and in such manner as the hereditaments to be sold and the rents issues and profits thereof would have come or been payable or applicable in case the same had not been sold
And I declare that all powers and authorities hereby given to my trustees may be legally exercised by the survivor or survivors of them or the executors or administrators of such survivor or by any person or persons who in the time being shall be acting trustee or trustees under this my will, provided always that if the said trustees or any or either of them shall die in my lifetime or shall disclainm the trusts or powers given to them by this my will or if they or any or either of them or any future trustee or trustees be appointed as is hereinafter mentioned shall die or become unwilling or unable to act in the trust aforesaid then and so often as the same shall happen it shall be lawful for the surviving or acting trustee or trustees, or there be none such, for the unwilling trustee or trustees, or in case all the trustees shall have departed this life, for the executors and administrators of the last surviving trustee, by any deed or deeds, appoint some other proper person or persons to supply the place or places of the trusteess or trustee so dying or being or becoming unwilling or unable to act as aforesaid, and that upon every appointment of a new trustee or new trustees all necessary conveyances and transfers of the trust estates funds stocks and securities shall with all convenient speed be made so as that the same may become vested in the new trustee or trustees, jointly with the surviving or continuing trustees or trustee, or soley, as the ocasion may require, and every new trustee, as well before as after the conveyance and transfer of the trust estate and promises, shall have the same powers authorities and discretions to all intents and purposes as if he had been originally appointed a trustee in and by this my will
And I declare that the executors and trustees for the time being of this my will shall not be answerable for the acts and defaults of each other nor for any loss that may happen without their respective willful default, and that they shall not be charged with interest on balances which may from time to time be in their bankers hands
And I authorise my executors and trustees to retain out of the said trust estates and moneys all such expenses as shall be incurred in the execution of this my will or of the aforesaid trust
And I declare that the receipts of the trustees or trustee for the time being of this my will for all moneys paid to them or him shall be absolutely discharged to the purchase or purchases of my said real estates, or any part or parts thereof, or other person or persons paying the same, for so much money as in such receipts respectively shall be acknowledged to have been received, and no such purchaser or other person shall after such receipt given be obliged to see the application of such money or be answerable for any loss misapplication or nonapplication thereof
I devise unto the said Charles Newman the elder Robert Hart and James Henry Elphick their heirs and assigns all the hereditaments which at my decease shall be vested in me as Trustee or as mortgagee in fee subject to redemption upon and subject to the several trusts and equities affecting the same hereditaments respectively
I appoint my said wife Sarah Strudwick and the said Charles Newman the elder Robert Hart and my son in law the said James Henry Elphick Executrix and executors of this my will and I bequeath unto each of them the said Charles Newman the elder Robert Hart and my son in law James Henry Elphick the sum of fifty pounds free of legacy only for their trouble
And I hereby revoke all former wills heretofore made by me. I declare this to be my last will and testament In witness whereof I have hereunto set my hand and seal this eleventh day of August 1853 James Strudwick
Signed Sealed published and declared by the said testator as his last will and testament in the presence of us present at the same time and in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses J Rymer No5 Whitehall JM Rymer No5 Whitehall
Whereas I find that I Have in the third line of the fourth sheet of my will called Fanny Sarah Large by the name of Sarah Ann Large now therefore I do hereby state that I have done so by mistake and that her proper name is Fanny Sarah Large dated 4 Nov 1853 James Strudwicke J Rymer No5 Whitehall JM Rymer his clerk No5 Whitehall
Appeared Personally John Wilkinson Rymer of No5 Whitehall in the city of Westminster in the county of Middlesex Gentleman and made oath that he is one of the subscribed witnesses to the codicil to the last will and testament of James Strudwick late of Ealing in the county of Middlesex Gentleman deceased the said codicil being now hereunto annexed and bearing date the 4 Nov 1853 that the said deceased signed the said codicil at the foot or end thereof in the presence of this deponent and John March Rymer the other attesting witness thereto who were both there present at the same time and that they respectively thereupon attested and observed the said codicil in the presence of the said James Strudwick deceased and of each other on the said day of the date thereon JM Rymer
On the 4th day of March 1855 the said J Rymer was duly sworn to the truth of this affidavit before me Parker Deane, Jos Williams xxxxx Metcalfe
Probatum 4th March 1855 to Sarah Strudwick Relict widow, Charles Newman the elder, Robert Hart and James Henry Elphick.