WillofGeorgeDeane,HardwaremanofFishtreetHill,CityofLondon15Jan1796WC.pdf
Catalog Ref. Prob 11/1270. 15.1.1796 George DEANE [ID 113]
In the name of God Amen. I George DEANE of Fish Street Hill, London bondsman?
being of sound & disposing mind memory & understanding, do make publish &
declare this my last will & testament in manner or following, that is to say,
I give & bequeath unto my dear wife Mary DEANE [ID 354 of wells.html], my
brother in law Edward WELLS of Wallingford [ID 353 of wells.html] in the
county of Berks & my friend Ham?? Parter? of Wallingford in the county of Berks
Although the executors & advisers the sum of 8000P of lawful money of Great
Britain to be paid to them as soon as conveniently? may after my decease & to
be reinvested the public starts?? or funds or upon gov.. x at interest in their
x & to & from time to time altered & varied as reason may require upon &
subject in worthxx [page 2] to the trusts & to & for the executors? & purposes
hereinafter expressed & declared of & conferring the same (that is to say) upon
trust to pay to or x authorize & impower my dear wife Mary DEANE & her assigns
to x & taie to the x dividends or proceeds of the said sum of 8000P or the
stoxx funds & servitors or upon which the same shall be invested during her
life to & for her own sole & separate use & benefit & in case my said wife Mary
DEANE shall after my decease continue solo & unmarried during the remainder of
her life, then as to and concerning the sum of 4000P (part of the said sum of
8000P upon trust or the survivors or survivor of them his executors or admin's
shall & do upon or after the decease of my said wife, pay transfer or assign
the said sum of 4000P unto such person & persons & for such interest & purposes
& in such manner & form as she the said Mary DEANE shall by her last will &
testament in writing or any codicil thereto to be by her signed & published in
the process? of & affected by 2 or more credible witnesses to direct or
appoint,
but in case the said Mary DEANE shall marry again after my decease then I do
hereby direct that she shall have the liberty only to dispose of the sum of
2000P (instead of the sum of 4000P) by her last will & testament or writing in
nature thereof to be executed & attested in manner aforesaid
& as to the residue of the said sum of 8000P or the shares funds & securities
wherein the same shall be invested after the decease of my said wife & after
deducting thereout such sums as shall be disposed of under the trusts
aforesaid, they the said trustees shall & do stand possessed thereof in trust
for all & every such of my children John Wells DEANE [ID 1131], George DEANE
[ID 1132], Edward DEANE [ID 1134], Thomas DEANE [ID 1135], Sophia DEANE
[ID 1136], & Mary Ann DEANE [ID 1137] as being sons have attained or shall
attain the age of 21 & being daughters shall attain the age of 21 or be married
which shall 1st happen,
& in case there shall be only 1 of such children living at my decease who
being a son hath or shall attain the age of 21, or being a daughter shall
attain that age or be married,
then on trust for such only child his or her executors or admin's but in case
there shall be no such child living at my decease who being a son hath or shall
attain the age of 21, or being a daughter shall attain that age or be [page 3]
married, then in trust to stand possessed for such person or persons,
shall be then x to the residue of my personal estate & upon further trust in
the mean time from & after the decease of my said wife Mary DEANE, to pay &
apply all or any part of the x interest, dividend or proceeds of the expectant
& apparent share of every such child & in the said residue of the said sum of
8000P for & towards his or her maintenance & education or otherwise for his or
her benefit until such his or her share shall borrow bested or x or she shall
die
& I do hereby give unto care of my said sons John Wells DEANE, George DEANE,
Edward DEANE & Thomas DEANE, that sum of 2000P of lawful money of Great
Britain, x to be paid to such of them as may be of age at my decease as soon as
conveniently afterwards,
& to such of them that shall be under age upon or shall attain their
respective ages of 21, subject nevertheless subject to the conditions
hereinafter contained with respect to my several stores in trade
& I do hereby give & bequeath unto each of my daughters Sophia DEANE & Mary
Ann DEANE the life sum of 2000P of lawful money of Great Britain apiece, to be
paid to them respectively in manner following (that is to say) 1000P thereof to
be paid to each of them at their respective ages of 21 or days of marriage &
the further or remaining sum of 1000P apiece to be paid to them respectively
within 3 months after the decease of my said dear wife Mary DEANE & the latter
not to carry interest before that time
& I direct that the interest of the said last mentioned legacies given to my
said 6 children or such of them as shall be under age, shall be applied during
their respective minorities for & towards their respective maintenance &
duration or otherwise for their benefit
& I do hereby give & bequeath all that my leasehold, messuage or tenament in
common allow? portham? in the county of sury & all my estate term & interest
therein unto my said wife Mary DEANE & her assigns for & during so many years
of the term to round? therein as she shall live, & after her decease
I give & bequeath the same unto the said Edward WELLS & James PARKER [sp of
ID 355 of wells.html] their executors admons & assigns in trust to sell &
dispose of the same by public sale or private contract in such manner as they
shall think proper,
& receipt or receipts of them or the survivor of them his executors or admins
shall be sufficient discharge to the purchaser or purchasers thereof
& I direct my said [page 4] trustees to stand possessed of the monies to
arise by such sale or sales in trust for my said 6 children in like manner & to
be vested in.. them respectively at such ages days & time with such power of
applying the intrest thereof for their maintenance & condition of survivorship
as is or are herein before by me directed concerning the residue of the same
sum of 8000P in manner aforesaid
& I do hereby give & bequeath all my household goods, furniture, plate, x & x
whatsoever in upon or belonging to the said last mentioned leasehold messuage
or tenement & premises at the time of my decease, unto my said wife Mary DEANE,
her executors & assigns to & for her or their own use or benefit absolutely
& I do hereby give & devise all that my freehold mo..age or tenament being
No 42 Fish Street Hill, London, unto my said wife mary DEANE & her assigns
during her life & after her decease
I give & devise the same unto & to the use of my said 6 children above named,
their heirs & assigns forever
also I do hereby direct that my start? & effects in trade carried on at the
moeage? or renements? at 41 Fish Street Hill aforesaid, may be fairly valued &
appraised that my said 2 sons John Wells dEANE & George DEANE to whom I give
the future benefit of the said trade, may take the same stock & efforts equally
between them, share & share alike, at such appriasement or valuation so to be
made thereof by 2 persons of the same trade, to be nominated by my executrix &
executors herein after named,
& I do x that such stock & effects in trade as the same shall appear by such
x appriasement shall (if equal to) go in satisfaction of the said legacies of
2000P herein before given to my 2 last named sons respectively
& if not equal to such legacies, then as a satisfaction of so much of 2
legacies respectively as the same will extend unto,
but if the same shall exceed such 2 legacies, then the overplus thereof shall
belong to & be considered as part of the residue of my personal estate
also I give & bequeath unto my said oldest son John Wells DEANE, all my
household goods, plate, linen & china at in or upon my said dwelling house No
41 Fish Street Hill aforesaid & for his own benefit absolutely
& I do herein direct that my trade carrie on at No 39 Fish Street Hill
aforesaid, shall be continued & carried on by my nephew George Gines STIBBS
[ID 1111 b 1768] if he shall think proper on trust & for the benefit of my son
Edward DEANE until he attain 21, such trade to be carried on in the name or
firm [page 5] of George DEANE
& after my said son Edward DEANE shall attain 21, I give the said trade & the
stock & effects thereof to him absolutely
& I do direct that the said George GINES STIBBS shall be allowed the salary
or allowance of 100P a year by half yearly payments out of the said trade for
his own benefit during the minority of my said son in case x shall so carry on
the said trade,
but if the said George GINES STIBBS shall marry during the minority of my
said son, then
I direct that he may be allowed the additional yearly sum of 50P making
together the yearly sum of 150P from thenceforth during such minority of my
said son Edward
& I do hereby direct that the said Edward DEANE shall continue to be employed
in the said trade or business at No. 41, & that he may be boarded by & with his
said brothers John Wells DEANE & George DEANE, & that he shall be allowed out
of the said trade at No 39 during his minority t, the yearly sum of 50P for
cloaths & pocket money
& as to the residue of the profits of my said last mentioned trade, after
such payments as aforesaid & other outgoings, it is my will & I do hereby
direct that the same shall be laid out & accumulate for the benefit of him my
said son Edward & be transferred to him when he comes of age
& I do hereby direct that the said stock & effects in trade at No 39 Fish
Street Hill, shall be valued & appraised at my decease in manner herein before
directed, ranterming? the x & effects of my trade in No 41 Fish Street Hill &
that the same shall be a satisfaction for the whole or a part of the said
legacy of 2000P herein before given to my said son Edard DEANE, & if more than
2000P, that he shall answer for the overplus thereof in like manner as I have
herein before directed concerning my said stock in trade at No 41 Fish Stree
Hill aforesaid
& I do hereby will & direct that my trustees & executors shall & do x out of
residuary estate endeavor to renew the lease after said messuage No 39 Fish
Street Hill aforesaid upon the most eligible terms in trust for my said son
Edward when he comes of age & in case of his decease under age, the same to
suit unto my residuary estate
& I give to the said John Wells DEANE the further legacy or sum of 500P of
lawful money of Great Britain & to the said George GINES STIBBS the life legacy
or sum of 500P of lawful money of Great Britain
& I also give & bequeath unto my brother [page 6] Thomas DEANE of Moorfields,
London the sum of 50P of lawful money of Great Britain, & to my sister
Ann DEANE [ID 114 b c1747] of Camberwell, Surry, spinster, the life sum of 50P
of lawful money,
& I also give & bequeath unto my brother in law Christopher STIBBS [b 1738 sp
of ID 111] of Washfield?, Gloucester, the sum of 20P of money, & unto the said
Edward WELLS the sum of 50P of life money, & to the said James PARKER the life
legacy of 50P & all the root the residue & remains of my real personal estates
& effects whatsoever & wheresoever & of what nature or kind soever
I give & devise & bequeath the same unto the said Mary DEANE, Edward WELLS &
James PARKER their executors, admons & assigns, upon the truts x thereoss? & to
& for the interests & purposes hereinafter mentioned & expressed of & rerming?
the same (that is to say) upon trust to sell & dispose of the saleable parts of
the said residue of my estate & effects (which may not be already so invested
in their own names in the public started? or funds or upon government or real
securities at interest & shall & do stand possessed of & interested? in all &
singular my said residuary estate or the said effects, funds & securities in or
upon which the same or the monies to arise therefrom, shall from time to time
be vested upon trust to pay the yearly income, x, dividend routs & other
produce & promise thereof unto my said wife Mary DEANE & her assigns for &
during her life & after her decease then upon trust to pay assign transfer &
convey the same residuary estate shares? funds securities & promises unto &
between my said 6 children John Wells DEANE, George DEANE, Edward DEANE, Thomas
DEANE, Sophia DEANE, & Mary Ann DEANE or owing? them & at such ages days &
times & in such & the same manner in all respects & with such power & direction
to apply the proceeds thereof for their maintenance as I have herein before
directed & declared of & continuing the residue of the aforesaid 1st mentioned
legacy or sum of 8000P after the decease of my said wife or as near thereto as
circumstances will admit
& I do hereby nominate constitute & appoint my said wife Mary DEANE & the
said Edward WELLS & James PARKER executrix & executors of this my last will &
testament provided always
& I do hereby declare that it shall & may be lawful to & for my said trustees
& executors & they are hereby authorized & directed provided they approve
[page 7] thereof or upon examining the books of trade herein after mentioned,
they see no objection thereto whom & as thereunto requested by my 2 eldest sons
John? Wells DEANE & George DEANE or either of them to loan? & advance any sum
or sums of money not exceeding 2000P sterling by & out & as part of the
aforesaid 1st mentioned legacy or sum of 8000P unto my said 2 eldest sons for
the better enabling them to carry on the aforesaid trade or business at 22?
Fish Street Hill aforesaid they my said 2 sons giving their bond or offer or
security for the repayment thereof with lawful interest at the rate of 2% pa to
my said trustees & executors in such manner as they, my said trustees &
executors, shall think reasonable & proper, provided also
& I do hereby authorize my said trustees & executors in such manner as they
my said trustees shall think proper, in like manner to lend & advance 500P out
of the aforesaid legacy of 8000P, for the carrying on the aforesaid trade or
business at 22 Fish Street Hill aforesaid, anything to the contrary
notwithstanding provided x
& I do hereby declare that the aforesaid trustees & executors, & both & every
of them their & each of their heirs executors admons & assigns shall be charged
& chargeable only for so much money as he & they resp'y shall actually derive
by virtue of the trusts aforesaid & that any one or more of them shall not be
answerable or accountable for the other or others of them or for the x receipts
neglects? or defaults of the other or others of them, but each only for his or
her own arts? receipts or defaults resp'y, nor shall he she or they or any of
them be answerable or accountable for any banker, broker, goldsmith or other
person in whose hands any part of the said trust monies shall be placed or
lodged for safe custody during the trusts afor'd nor for the insufficiency of
any security or securities, nor upon which any of the aforesaid trust monies or
any part thereof shall or may be p..ed out or invested as aforesaid nor for any
misfortunes or damage which may happen in execution of any of their aforesaid
trusts or x thereto except? the same shall happen by thru their own wilful
neglects? or defaults resp'y & also that the said several trustees executors &
each & every of their heirs executors admons & assigns shall & may by & out of
the monies which shall come to their respective hands by virtue of the trusts
aforesaid, retain to & reimburse himself [page 8] herself & themselves & also
allow to his & their co trustee & co trustees & co executors, all loss costs
savings & expenses which he or they or any of them shall or may resp'ysuffer
sustain expend disburse at or put into or weild? shall or may be to him them or
any of them occasioned for or on account or by reason & monies of the trusts
hereby in them reposed? or otherwise howsoever relating these to
& I so hereby revoke all former & other wills by me at any time heretofore
made & do declare this only to be my last will & testament surviving, whereof
I the said George DEANE the testator, have to the 7 1st sheets of this my
last will & testament, set my hand & have als affixed my seal this 8th December
1795.
George DEANE signed sealed published & declared by the said George DEANE the
testator, as & for his last will & testament, in the presences of us who at his
request have subscribed our names as witnesses hereto in his presence & in the
presence of each other, the word "James" in the name of James PARKER being 1st
wrote on an erasure throughout.
Wm BAGSTER apothecary Tower Street
Wm PEARCE Swithink? Lane, London
Keriah LORD.
This will was proved in London 15 Jan. 1796 before the worshipful John FISHER,
Doctor of Laws, surrogate to the Rt Hon Sir William WYNE? knight, also
Doctor of Laws, Master Dopor? or componay? of the PCC lawfully constituted by
the oaths of Mary deANE widow the relict of the late Edward WELLS & James
PARKER the executors named in the said will to whom admin'n was granted of all
& singular the goods chattels & credits of the said deceased having been 1st
sworn duly to administer.
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