Will of Robert Saunders (1792-1856)

This is the last Will of me Robert Saunders of No. 9 Henrietta Street Cavendish Square in the County of Middlesex Esquire I appoint my Son Hugh Ward Saunders my Brother John James Saunders my Son in Law the Reverend Russell Howell Clerk and my friend Ross Donelly Mangles of Stoke near Guildford in the County of Surrey Esquire Executors of this my will I leave to each of my Executors Two hundred pounds I devise and bequeath to my said Executors all my real and personal estate Upon trust with all convenient speed by public sale or Auction or by private Contract as my said Trustees or the survivors or survivor of them or other the Trustees or Trustee for the time being of this my Will shall in their or his discretion think proper to make sale and dispose of and convert all my said real and personal estate into money and in so doing my said trustees and trustee shall have full power to act as they would have if they were the absolute Owners thereof and the receipt and receipts of my said trustees and trustee for the time being acting under this my Will shall be good and sufficient release and discharge and sufficient releases and discharges for all monies payable to them or him by virtue of or under this my Will or the trusts or power hereby created and any person or persons paying such monies and taking such receipt or receipts as aforesaid shall not be bound or obliged to see to the application or be in any wise answerable or accountable for the loss misapplication or nonapplication of the monies which in such receipt or receipts shall be expressed or acknowledged to be received And I declare that my said Trustees and Trustee for the time being shall stand possessed of the monies to arise by the sale and conversion of my said real and personal estate unto money as aforesaid after paying thereout my debts and funeral and testamentary expenses and legacies upon the trusts following that is to say Upon trust to provide and set apart three several sums of Eight thousand pounds Ten thousand pounds and Ten thousand pounds and to stand possessed of the said sum of Eight thousand pounds and also of all the rest and residue of the monies to arise from my said real and personal estate after providing for the said three sums of Eight thousand pounds Ten thousand pounds and Ten thousand pounds In trust for my said Son Hugh Ward Saunders for his own use absolutely and to stand possessed of the said two sums of Ten thousand pounds Upon trust to lay out and invest the same respectively in the names or name of my said Trustees or Trustee in or upon any of the Parliamentary stocks or public funds of Great Britain or at interest upon Government securities or upon mortgage of freehold or copyhold or leasehold messuages lands tenements or hereditaments in England or Wales (but not in Ireland) or in the purchase of stock in the Bank of England or of the East India Company or of the Shares debentures or Bonds of any Railway Company upon which shares debentures or Bonds the said East India Company shall have guaranteed the payment of a minimum rate of interest or on the security of Bonds of the Corporation of the City of London or on the Bonds debentures or other securities of any Canal River Railway Waterworks Insurance or other Public Company incorporated or to be incorporated by Act of Parliament in England or Wales and from time to time to sell dispose or alter vary change transfer or transpose the stocks funds or securities in or upon which any of the said trust monies shall from time to time be invested for or into any other of the like nature as occasion may seem or require And upon further trust that my said trustees or trustee do and shall during the life of each of my daughters Marianne Charity Pollock and Julia Eliza Howell pay the annual or other income arising from the stocks funds or securities in or upon which her said Ten thousand pounds shall for the time being be laid out or invested when and as the same shall become due into the proper hands of each such daughter so that the same may be for her sole and separate use and benefit free from the control debts and engagements of her present or any future husband and so that such daughter may not have power to alienate dispose of or engage or receive the same or any part thereof by way of anticipation And from and after the decease of each such daughter that my said Trustees and Trustee for the time being shall and do stand possessed of such annual or other income upon the trusts following that is to say As to the annual or other income arising from the stocks funds or securities in or upon which the Ten thousand pounds provided for my daughter Julia Eliza Howell shall for the time being be laid out or invested upon trust to pay the same to her Husband the said Russell Howell for his life for his own use and benefit And as to the annual or other income arising from the stocks funds or securities in or upon which the Ten thousand pounds provided for my said daughter Marianne Charity Pollock shall for the time being be laid out or invested upon trust to pay the same to her Husband George David Pollock so long as he shall remain the widower of the said Marianne Charity Pollock and subject thereto the said sums of Ten thousand pounds and Ten thousand pounds respectively provided for my said daughters and the respective stocks funds and securities for the same shall be respectively Upon the trusts and to and for the interests and purposes and subject to the powers provisoes and declarations hereinafter declared and contained of and construing the same that is to say As to the sum of Ten thousand pounds provided for my said daughter Marianne Charity Pollock and the stocks funds and securities for the same from and after her decease if she shall survive the said George David Pollock or from and immediately after the second marriage of the said George David Pollock if he shall survive the said Marianne Charity Pollock And as to the sum of Ten thousand pounds provided for my said daughter Julia Eliza Howell and the stocks funds and securities for the same from and after the decease of the survivor of the said Julia Eliza Howell and Russell Howell Upon trust for the Child and Children of each such daughter by her said or any after taken husband in such parts shares and proportions or for any one or more of such Children in exclusion of the other or others of them and at such age or ages days or times And subject to such charges provisions and limitations for the benefit of such Children by her said respective husband and in such manner and form as each such daughter by any deed or deeds with or without power of revocation and new appointment to be sealed and delivered by her respectively in the presence of and to be attested by two or more credible witnesses or by her last Will and Testament or by any Codicil or Codicils thereto shall from time to time (notwithstanding coverture and whether covert or sole) direct or appoint and for want of such direction or appointment and so far as any such direction or appointment shall not extend In trust for all and every the Children of my said respective daughters by their said respective present or any after taken husbands respectively who being a son or sons shall live to attain the age of twenty-one years or being a daughter or daughters shall live to attain that age or previously marry with the consent of her or their Father or Guardians or Guardian and if more than one equally to be divided between and amongst them share and share alike And if there be but one such Child of either of such daughters who being a Son shall live to attain the age of twenty one years or being a daughter shall live to attain that age or previously marry with such consent as aforesaid In trust for such one Child but I direct that no Child taking any share under any such direction or appointment as aforesaid shall be entitled to any further or other share of or in the remaining or unappointed part or parts of the said trust premises without bringing his or her appointed share or shares into hotchpot and accounting for the same accordingly And in case either of my said daughters shall die leaving no Child who shall attain a vested interest in the Ten thousand pounds provided for her as aforesaid and the stocks funds and securities upon which the same shall be invested the same shall be on trust for my said son Hugh Ward Saunders his executors administrators and assigns absolutely And I declare that my said Trustees and Trustee for the time being shall after the decease of the surviving Parent pay and apply the whole or such part as my said trustees or trustee shall think fit of the annual or other income of the share to which any Child or Children shall for the time being be presumptively entitled of the said trust monies and premises for or towards his or her maintenance and education until his or her then expectant share shall become vested and payable And that my said Trustees or Trustee for the time being may either themselves or himself so pay and apply the same or pay the same to the Guardians or Guardian of any Child for the purpose aforesaid without seeing to the application thereof And shall during such suspense of absolute vesting as aforesaid accumulate all the residue (if any) of the same annual or other income in the way of compound interest by investing the same and all the resulting income and product thereof from time to time in or upon the same stocks funds or securities from which such income shall have arisen or been produced for the benefit of the person or persons who under the trusts hereinbefore contained shall become entitled to the principal fund from which the same respectively shall have proceeded with power for my said trustees or trustee for the time being to resort to the accumulation of any preceding year or years and to apply the same for or towards the maintenance or education of the Child for the time being presumptively entitled to the same in the same manner as such accumulations might have been applied in case they had been annual income or other produce arising from the original trust fund in the year in which the same shall be so applied Provided always and I hereby declare that notwithstanding the trust hereinbefore contained for the conversion and investment of my personal estate as aforesaid my Trustees and Trustee for the time being shall and may and I hereby authorize and empower them if they or he shall in their or his discretion think proper and for the exercise of which discretion they shall not be answerable or accountable to any person or persons whomsoever to continue all or any part of my Personal estate in or upon the Bonds or other securities of any Railway or Insurance Company or any stocks or funds of any Foreign Country or Countries or upon the Bonds or other securities of any State of any Foreign Country or Countries or upon or in any other state of investment whatsover in or upon which any part of my Personal estate may be found at the time of my decease (including an investment which I hold in certain Indigo Factories in Bengal) and my said Trustees and Trustee may if requested to do so in writing by my said daughters or either of them appropriate any of such last mentioned securities as and for part of the Ten thousand pounds hereinbefore provided for such daughter so making request and may upon the payment off of any of such last mentioned securities if so requested reinvest the monies so paid off in or upon other securities of the like nature with full power to my said trustees and trustee to accept payment or satisfaction of any debts or sums of money by instalments and to accept a part in satisfaction of the whole or wholly to relinquish and forego any debt or demand and to nominate and appoint any persons or person in Bengal or elsewhere abroad to represent them in relation to my Estate or any part thereof And I hereby direct that in case my trustees hereby appointed any or either of them or any trustees or trustee to be nominated as hereinafter mentioned shall die or be desirous to be discharged from or refuse or become incapable to act in the aforesaid trusts then and so often as the same shall happen it shall be lawful and I hereby request that the surviving or continuing trustees or trustee of the said trust premises respectively by any note or writing under their or his hands or hand to nominate substitute or appoint any other person or persons to be a trustee or trustees in the stead of the trustee or trustees so dying desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and upon every such appointment the said trust premises shall be so conveyed assigned and assured respectively that the same may become vested in the now trustee or trustees or solely as the case may require and every such new trustee and his executors and administrators (either before or after such trust premises shall have become so vested) have all the same powers and authorities as if he had been originally appointed a trustee Provided always and I do hereby direct that my trustees and executors and personal representative for the time being shall be charged and chargeable only for so much money as they or he shall respectively actually receive by virtue of or under this my will and the trusts aforesaid notwithstanding their joining in receipts for the sake of conformity And shall not be answerable or accountable for the other or others of them but each of them for his own acts receipts neglects or defaults only nor shall any of them be answerable or accountable for any person or persons with whom or in whose hands the trust monies or any part thereof shall or may be deposited or lodged for safe custody nor for the insufficiency or deficiency of any security or securities nor otherwise for involuntary losses And that my said Trustees and Executors and every of them their and each of their executors administrators and assigns shall and may by with and out of the monies which shall come to their respective hands reimburse himself and themselves respectively and also allow to his and their Cotrustee and Cotrustees all costs charges damages and expences which he they or any of them shall or may respectively suffer sustain expend disburse be at or be put unto or which shall or may be to him them or any of them occasioned for or on account of or by reason or means of the trusts hereby in them respectively reposed or otherwise howsoever relating thereto And I hereby revoke all former wills In witness whereof I the above named Robert Saunders the testator have signed this my will written on seven sheets of paper as well at this the foot or end of this my will as also at the foot or end of the six preceding sheets thereof this twentieth day of december in the year of our Lord One thousand eight hundred and fifty six. R. Saunders - Signed by the above named Testator Robert Saunders in the presence of us present at the same time was in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses John Gregson 18 Bedford Row - E. Choat Clerk to Mr. Gregson.

Proved at London the 20th. March 1857 before the Judge by the Oaths of Hugh Ward Saunders Esquire the Son John James Saunders Esquire the Brother The Revd. Russell Howell Clerk and Ross Donelly Mangles Esquire the Executors to whom Admon. was granted they having been first sworn to wit the said Hugh Ward Saunders John James Saunders and The Revd. Russell Howell before the Worshipful William Robinson and the said Ross Donelly Mangles before the Worshipful Samuel Jewkes Wamby respectively Doctors of Laws and Surrogates duly to administer.

content last revised 19 Oct 2004