Will of William Saunders (1743-1817)

I William Saunders of Russell Square in the County of Middlesex Doctor of Physic do hereby revoke all former Wills Codicils and other Testamentary Dispositions made by me at any time or times heretofore and publish and declare this to be my last Will and Testament this       [BLANK]       day of January in the year of our Lord One thousand eight hundred and twelve I desire that my Funeral may be conducted in as private a manner as possible so as not to be rendered expensive and with respect to the disposition of my property feeling an equal love and affection for all my Children I have been actuated therein by their several wants and situations in life especially in favour of my Daughters Mary and Charity Saunders and considering my beloved sons George and Robert as being in a progressive state of acquiring ample and independent Fortunes I have from no want of affection towards them who have always been affectionate and dutiful to me omitted them in the distribution of my fortune I devise give and bequeath to each of them as a testimony of my regard and esteem the Sum of ten Guineas for a Ring believing it unnecessary to assure them both that I have no doubt of their affectionate love for their two Sisters who stand in need of their protection I give and bequeath unto my said Daughter Charity Saunders all the Watches Jewels Rings and Trinkets which were her late Mothers I give and bequeath unto my Daughter Mary Saunders and my Nephew George Henry Ward of New Mead Street London Esquire so much Money as will be sufficient to purchase the Sum of one hundred and fifty Pounds a year Long Annuities In Trust to lay out and invest the same in the purchase of such Stock as soon as conveniently may be after my decease And I hereby direct that my said Trustees and the Survivor of them and the Executors or Adm[inistrat]ors of such Survivor do and shall stand and be possessed of the said Stock so to be purchased and the Interest or Dividends thereof Upon Trust to pay and apply the said Interest or Dividends unto or for the benefit of my Son William Saunders but to or for no other Person or Persons as his assignee or Assigns by such Payments at such times and in such manner as my said Trustees or Trustee for the time being shall think fit during the term of his natural life And after the decease of my said Son Willm. Saunders then I do hereby direct that my said Trustees or Trustee for the time being do and shall stand and be possessed of the said Stock and the Interest and Dividends thereafter to accrue due thereon upon Trust for all and every the Child and Children of my said Son William Saunders equally to be divided amongst them if more than one Share & Share alike the Parts or Shares of such of them as shall be Sons to become vested Interests in them at their respective Ages of twenty one Years and the parts and shares of such of them as shall be Daughters to become vested Interests in them at their respective Ages of twenty one Years or marriage and to be paid to them respectively and to be paid to them respectively after the decease of my said Son William Saunders such Money as shall have been applied in the mean time for the use and benefit of any such Children respectively as shall be Sons to pursuant to the Power hereinafter given being first deducted out of the part or share of every such Child so as each of the Children of my said Son William Saunders may have an equal share and proportion of and in the said Stock and if any such Children beings Sons shall happen to die under the Age of twenty one years or being Daughters under the Age of twenty one years and unmarried then as to the part or share parts or shares of him her or them so dying or as to so much thereof as shall not be so applied as aforesaid Upon Trust for the Survivors of such Children equally to be divided amongst them if more than one Share and Share alike And if all such Children but one shall happen to die being Sons under the Age of twenty one Years or being Daughters under that Age and unmarried or if there be but one such Child then to such only or surviving Child But in case my said Son William Saunders shall happen to die without having any Child or Children who being Sons shall attain the Age of twenty one Years or being Daughters shall attain that Age or be married then as to the said Sum of one hundred and fifty Pounds a year Long Annuities or such part thereof as shall not be so applied as aforesaid upon such Trusts as are hereinafter mentioned respecting to the residue of my Estate and Effects And I do hereby direct that it shall and may be lawful to and for my said Trustees or Trustee for the time being after the decease of my said Son William Saunders at any time or times before his Children being Sons shall respectively attain the Age of twenty one Years to pay and apply so much and such part or parts of the Shares of such Sons respectively of and in the said Sum of one hundred and fifty Pounds a Year Long Annuities as they in their discretion shall think necessary over and above the Interest and Dividends thereof for and towards the placing out preferment and advancement of such Sons respectively in the World not exceeding the Sum of five hundred Pounds for any one Child Provided always and I do hereby declare my Will to be that the bequest hereinbefore contained for my said Son William Saunders during his life is upon this express condition that my said Son shall not at any time sell assign or otherwise dispose of charge or incumber the same or any part thereof and that in case my said Son William Saunders shall at any time sell assign dispose of charge or incumber or attempt to sell assign dispose of charge or incumber the same or any part thereof or in case the same shall be assigned or assignable by virtue of any present or future Act of Parliament or otherwise howsoever that then and from thenceforth the Estate and Interest of my said Son shall cease and determine and be utterly void to all interests and purposes as if he were then actually dead and that from thenceforth the same shall be held by my said Trustees or Trustee for the time being in Trust for such Person or Persons next in remainder as would be entitled thereto on the decease of my said Son anything hereinbefore contained to the contrary notwithstanding I give and bequeath unto my said Daughter Mary Saunders and the said George Henry Ward the Sum of two thousand Pounds In Trust to lay out and invest the same as soon as conveniently may be after my decease in the Purchase of Stock in some of the Public Stocks or Funds at Interest on Government Securities and to stand and be possessed of the said Stocks funds and securities upon Trust for and to assign and transfer the same unto my Son John James Saunders when he shall attain the Age of twenty one Years or sooner in case they shall think fit And In Trust to pay the Interest or Dividends thereof unto my said Son John James Saunders until the same shall be assigned and transferred to him or to accumulate the same for his benefit as they shall think fit But in case my said Son John James Saunders shall happen to die under the Age of twenty one Years then I do hereby direct that the said Sum of two thousand Pounds and the Stocks Funds and Securities wherein the same shall be invested or so much thereof as shall not have been actually assigned or transferred to him shall sink into and become part of the residue of my Estate and Effects I give and bequeath unto my said Daughter Mary Saunders and my said Son John James Saunders such part of my Household Goods and Furniture Plate Linen China and Books as they shall respectively choose not exceeding the Sum of four hundred Pounds each for their own proper use and benefit respectively I give devise and bequeath my Messuage or Tenement in Russell Square wherein I now dwell with the Coachhouse Stable and Premises thereto belonging with the Appurtenances and all my Household Furniture Plate Linen China and Books except such part thereof as my said Daughter Mary and my said Son John James Saunders shall so choose as aforesaid and all other the residue and remainder of my Estate and Effects of what nature or kind soever which I shall be possessed of interested in or entitled unto at the time of my decease unto my said Daughter Mary Saunders and my said Nephew George Henry Ward their Executors and Adm[inistrat]ors upon the Trusts and to and for the Interests and Purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) upon Trust that they the said Mary Saunders and George Henry Ward or the Survivor of them or the Executors or Adm[inistrat]ors of such Survivor do and shall as soon as conveniently may be after my decease sell and dispose of the said Messuage or Tenement Coachhouse Stable and Premises Household Furniture Plate Linen China and Books and such other parts of the residue of my Estate as shall not then consist in Money and do and shall lay out and invest the Money arising by such sale and such Money as I shall have by me at the time of my decease and also such Sum of Money as may be due and owing to me from my said Son George Saunders for principal and Interest at the time of my decease when and so soon as the same shall be remitted and which I wish to be at his own convenience in some of the Public Stocks or Funds at Interest or on Government or real Securities in their own Names and alter and transpose such Securities or Funds from time to time as they shall think fit and also do and shall receive the Interest or Dividends and Proceeds thereof from time to time as the same shall become due and payable and pay one Moiety thereof unto my said Daughter Mary Saunders and the other Moiety unto my said Daughter Charity Saunders during so long time as they shall respectively continue sole and unmarried And I do hereby direct that in case my said Daughters or either of them shall happen to marry, my said Trustees or Trustee for the time being shall stand and be possessed of the Moiety of such of them so marrying of and in the said residue of my Estate and Effects and the Stocks or Funds wherein the same shall be invested or assign and transfer the same to some proper persons to be nominated or approved by the Daughter so marrying Upon Trust for such Daughter for her life for her separate use and not to be subject or liable to the Debts ... or Engagements of her then or any after taken husband and after her decease Upon Trust for any husband or husbands with whom she may intermarry during his and their respective life or lives and after the decease of the Survivor of them upon Trust for all and every the Child and Children of my said Daughter whether by one or more husband or husbands equally to be divided between or amongst them if more than one Share and Share alike the parts or shares of such Children or Child to become vested Interests in them respectively at such Ages or times and with such benefit of Survivorship among them as is hereinbefore directed respecting the said Sum of one hundred and fifty Pounds a Year Long Annuities among the Children of my said Son William Saunders and to be paid to them respectively after the decease of their Father and Mother and with such power for my said Trustees or Trustee for the time being before such children respectively being Sons shall attain the Age of twenty one Years to pay and apply such parts of the Shares of such Sons respectively for their placing out preferment and advancement in the World as such Trustees or Trustee for the time being shall think fit not exceeding the Sum of five hundred Pounds for any one Child as is hereinbefore contained with respect to the Shares of the Children of my said Son William Saunders of and in the said Sum of one hundred and fifty Pounds a Year Long Annuities and also with such powers of altering and transposing the Securities or Funds whereon the said respective Moieties may be invested or of purchasing real Estate and other purposes as Counsel shall advise But in case either of my said Daughters shall happen to die without having and Child or Children who being Sons shall attain the Age of twenty one Years or being Daughters shall attain that Age or be married or in case either of my said Daughters shall die unmarried then as to the Moiety of such of my said Daughters as shall so die of and in the said residue of my Estate and Effects and the Stocks or Funds whereon the same shall be invested or as to such part thereof as shall not be so applied as aforesaid Upon such Trusts for the Survivor or other of my said Daughters and her husband or respective husbands and Children in such and the same manner in all respects as is hereinbefore contained respecting her and their original Moiety or such of them as shall be then subsisting or capable of taking effect and in case both my said Daughters shall happen to die without leaving any Child or Children who being Sons shall attain the Age of twenty one Years or being Daughters shall attain that Age or be married or in case both my said Daughters shall die unmarried then as to the whole of the said residue of my Estate and Effects and the Stocks or Funds whereon the same shall be invested or as to such part thereof as shall not be so applied as aforesaid Upon Trust as to one Moiety thereof for my said Son William Saunders for his life and after his decease for his Children and as to the other Moiety thereof for my said Son John James Saunders for his life and after his decease for his Children in such and the same manner and to become vested Interests in such Children respectively at such Ages or times and with such benefit of Survivorship among them as is hereinbefore directed respecting my said Dau[ghte]rs and their Children respectively and to be paid to such Children respectively after the decease of their respective Fathers and with such power of applying part of the Shares of such Children being Sons for their preferment and advancement in the World as is hereinbefore contained and in case either of my said Sons William Saunders and John James Saunders shall happen to die without leaving any Child or Children who being Sons shall attain the Age of twenty one Years or being Daughters shall attain that Age or be married then as to the Moiety of such of my said Sons as shall so die of and in the said residue of my Estate and Effects and the Stocks or Funds whereon the same shall be invested or as to such part thereof as shall not be so applied as aforesaid upon such Trusts for the Survivor or other of them my said Sons William Saunders and John James Saunders and his Children or Child in such and the same manner as is hereinbefore directed respecting his and their original Moiety or such of them as shall be then subsisting or capable of taking effect and in case both my said Sons William Saunders and John James Saunders shall happen to die without leaving any Child or Children who being Sons shall attain the Age of twenty one Years or being Daughters shall attain that Age or be married then as to the whole of the said residue of my Estate and Effects and the Stocks or Funds whereon the same shall be invested or as to such part thereof as shall not be so applied as aforesaid Upon Trust for such Person or Persons as shall be then my next of kin by virtue of the Statute for the distribution of Intestate Effects Provided always and I do hereby declare my Will to be that such Money as shall be due to me from my said Son George Saunders at the time of my decease may be laid out and invested in the East India Companys Funds or Securities or remitted home and laid out or invested in Government or real Securities In England as my Trustees or Trustee for the time being shall think fit anything hereinbefore contained to the contrary notwithstanding And I do hereby nominate constitute and appoint my said Daughter Mary Saunders and the said George Henry Ward and also my said Son John James Saunders when he shall attain the Age of twenty one Years joint Executors of this my Will and I do hereby nominate and appoint my Sister in Law Elizabeth Ward of Russell Square Spinster and my said Daughter Mary Saunders to be the Guardians of my dearest Daughter Charity Saunders during her Minority and recommend her to their united protection and to be educated according to their plan of education and I request the favor of my said Sister in Law Elizabeth Ward and my said Nephew George Henry Ward to accept of a Ring of the value of ten Guineas each And I take this opportunity of assuring my inestimable friend and brother in Law George Ward Esquire of Belle Vue that I have the highest sense of gratitude for his generous and disinterested kindness to every branch of my Family and that I am pursuaded that upon every occasion they will mark his conduct with gratitude and esteem Provided always and I do hereby declare my will to be that the receipt & receipts of the said Mary Saunders and George Henry Ward and the Survivor of them and such other Person or Person as shall become a Trustee or Trustees of this my Will by virtue of the Provisos hereinafter contained shall from time to time be a good and sufficient discharge and good and sufficient discharges to the Purchaser or Purchasers of the said Premises so to be sold as aforesaid or any part thereof and to his her and their respective Heirs Executors Adm[inistrat]ors and Assigns for so much of the Purchase Money as shall be then acknowledged or expressed to be received and that such Purchaser or Purchasers his her or their Heirs Executors Adm[inistrat]ors or Assigns shall not afterwards become answerable or accountable for any loss misapplication or nonapplication of such Purchase Money so received or any part thereof And I do hereby declare that the several Legacies and Provisions hereby made for my said Daughters Mary Saunders and Charity Saunders are intended to be over and above the Sum of one thousand Pounds East India Stock and the two Policies of Assurance on my life which I have already transferred to my said Daughter Mary Saunders and the Sum of one thousand Pounds three Pounds three Per Cent Consolidated Bank Annuities already transferred into the Names of the said George Ward my Brother Robert Saunders and myself In Trust for my said Daughter Charity Saunders Provided always and I hereby declare my will to be that my said Son John James Saunders in case he shall have attained the Age of twenty one Years at the time of my Decease or when and so soon as he shall attain that Age shall become a Trustee jointly with my said Daughter Mary Saunders and my said Nephew George Henry Ward and shall act in the management and execution of the Trusts of this my Will in like manner to all Intents and Purposes as the other Trustees before named anything hereinbefore contained to the contrary notwithstanding Provided also and I hereby declare my Will to be that in case the said Mary Saunders and George Henry Ward or my said Son John James Saunders after attaining the Age of twenty one Years or any or either of them shall die or desire to be discharged from the Trusts hereby reposed in them at any time or times before the said Trusts shall be fully executed and performed then it shall and may be lawful to and for the Survivors or Survivor or others or other of them by any Writing under their his or her hands and seals or hand and seal attested by two or more credible Witnesses to nominate and appoint any other fit Person or Persons to be a Trustee or Trustees for the purposes aforesaid in the room or place of such of them so dying or desiring to be discharged from the said Trusts and so in like manner upon the decease or removal of any succeeding Trustee or Trustees to nominate and appoint any other Person or Persons to be a Trustee or Trustees for the purposes aforesaid in the place or stead of the present or any succeding Trustee or Trustees who shall happen to die or be desirous of being discharged from the said Trusts and that when and so often as any new Trustee or Trustees shall be nominated or appoint'd as aforesaid the surviving or continuing Trustee or Trustees for the time being shall assign and transfer the several Trust Premises Stocks Funds & Securities so as that the same may become legally and effectually vested in the then remaining or continuing Trustee or Trustees & such new Trustee or such new Trustees wholly as the case may happen upon the Trusts aforesaid and such new Trustee or Trustees shall act in the management and execution of the Trusts aforesaid in like manner to all Intents and Purposes as is he or they had been originally named as Trustee or Trustees by this my Will anything hereinbefore contained to the contrary notwithstanding Provided also and I do hereby declare my Will to be that it shall and may be lawful to and for my said Trustees and each and every of them to deduct and retain to themselves respectively by and out of the several Trust Estates all such Costs Charges Damages and Expences as they any or either of them shall pay sustain or be put unto by virtue or on account of the Trusts reposed in them by this my Will or the execution thereof in any thing relating to or concerning the same and also that they my said Trustees or any or either of them shall not be answerable or accountable with or for the Acts receipts or Payments of the others or other of them but each of them for his and her own Acts receipts and Payments only nor for any other Monies than they shall respectively actually receive not for any involuntary loss that may happen to the Trust Estates or any part thereof In Witness whereof I have to this my last Will and Testament contained in this and the ten preceding Sheets of Paper set my hand and seal that is to say my hand to each of the said ten preceding Sheets and my hand and seal to this last Sheet the day and year first above written Wm. Saunders - SS - Signed sealed published and declared by the said William Saunders the Testator as his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our Names as Witnesses thereto the words "John" in the fourth Sheet "or real" in the eighth Sheet and "said Daughter Mary Saunders" in the fifth Sheet being first interlined - Jno. Roberts Ely Place - Wm. Morgan, Jno. Smith Clerks to Mr. Roberts.

This is a Codicil to be added to and taken as part of the last Will and Testament of me William Saunders late of Russell Square and now of Enfield in the County of Middlesex Doctor in Physick I nominate and appoint my dear Brother Robert Saunders Esquire to be one of the Executors of my said Will in addition to those therein named and In all other respects confirm my said Will In Testimony whereof I have hereunto set my hand and seal this ninth day of December One thousand eight hundred and fifteen - Wm. Saunders - SS - Signed sealed published & declared by the above named William Saunders as and for a Codicil to his last Will and Testament in the presence of us - Wm. Bullock Shilley Essex - Charlotte Bullock his wife.

         Endfield January 20. 1816
By Way of a Codicil to my last Will and Testament I William Saunders M.D. give devise and bequeath to my dearly beloved Daughter Charity Elizabeth Saunders my qualification in India Stock to be paid to her when She arrives at the Age of twenty one to be In Trust in the Names of her Aunt Eliz Ward and my Brother Robert Saunders of Lewisham if she should die before the Age of twenty one in that case the Money arising from that to be divided in equal parts between my dear Sons William and John and their Survivors Witness my hand & seal this day Jamuary 20. 1816. Wm. Saunders - Witness Wm. Brown

Observations to be submitted to the consideration of my Executors after my death My Debts and Funeral Expenses to be paid out of the general mass of my Property My Funeral to take place at Enfield if I am residing there at the time in the most decent economical manner My Property in India amounting to about the Sum of three thousand five hundred Pounds to be equally divided between my Daughters Mary and Cherry to be brought home if perfectly convenient to George or put into a state of Security in India satisfactory to my Executors it being understood that the Interest of India is to be paid while it remains there and to be remitted Annually I leave to Mary all the Interest I have in the Equitable Assurance Office which amounts at this present time to about four thousand five hundred Pounds Mary is likewise Proprietor of one thousand Pound India Stock standing in her Name I mean her likewise to have as much Plate and Furniture as she may consider as necessary for her accommodation and that of her Sister Cherry if they should live together. In the 4 Per Cents Cherry has six hundred Pounds the Legacy of her Grandfather She has besides two thousand Pounds 3 Per Cents In Trust and in a Codicil to my Will which I delivered to Miss Ward some Months ago I have left her my Qualification in India Stock My Son Robert has six hundred Pounds 4 Per Cts. the Legacy of his Grand Father The Interest of three thousand Pounds 4 Per Cents is the Life Property of Miss Ward the Legacy of her Father On her Death it becomes the joint Property of Robert Wards Children and mine agreeable to an Instrument explanatory of the same in the possession of her Nephew Mr. George Ward In my last Will I had left specific Legacies to my Sons William & John but long and frequent attacks of Illness make it uncertain that my Property will be sufficient to pay their two Legacies in that case it is my wish that such Debts as are owing to me & such Furniture as may not be necessary for the accommodation of my Daughters be considered as Residuary and to be equally divided between William & John & I recommend to my Daughter on my decease to make a Will and that her effects be appropriated in any manner she approves of I wish this to be considered as explanatory of my Will and to facilitate the execution of it & have therefore put my hand to this at Enfield this 26th day of April 1817 - Wm. Saunders - I wish my dearest Children to be convinced of my equal affection for all of them tho' in the distribution of my Property I have been obliged to consider the situations and necessities of each and have found it impossible to do all I would wish.

         16th. July 1817
Appeared Personally Henry Baynes Ward of New Bond Street London Merchant and John Robert Ward of Soho Square in the County of Middlesex Gentleman and made Oath that they knew and were well acquainted with William Saunders formerly of Russell Square in the County of Middlesex and late of Enfield in the same County Doctor in Medicine deceased for some Years previous and to the time of his death and have frequently seen him write and subscribe his Name to Writings whereby they have acquired a knowledge of his manner and character of handwriting and subscription and having now viewed and perused the Paper Writings hereunto annexed purporting to be and containing two Codicils to the last Will and Testament of the said Deceased the first of the said Codicils bearing Date January 20th 1816 beginning thus: "By way of Codicil to my last Will" ending thus: "Witness my hand and seal this day" and subscribed "Wm. Saunders" and having the Name of one subscribing Witness set thereto and the said second Codicil beginning thus "Observations to be submitted to the consideration of my Executors after my death" ending thus "at Enfield this 26th day of April 1817" and being subscribed "Wm. Saunders" these Appearers say they verily and in their consciences believe the whole body sense and contents of the first Codicil and the Name Wm. Saunders set and subscribed thereto and also the Name Wm. Saunders set and subscribed to the said second Codicil to be the proper handwriting and subscription of the said William Saunders deceased - H B Ward - John Robert Ward - Same day the said Henry Baynes Ward and John Robert Ward were duly sworn to the truth of this Affidavit Before me - Saml. R. Meyrick Snr. - Per J Farquhar Not. Pub.

Proved at London with three Codicils 21st July 1817 before the Worshipful Sherard Beamont Burnaby doctor of Laws and Surrogate by the Oaths of George Henry Ward Esquire one of the Executors named in the Will and Robert Saunders Esqr. the Brother the Executor named in the first Codicil to whom Admon. was granted having been first sworn duly to administer Power reserved to Mary Saunders Spinster the Daughter and John James Saunders the Son the other Executors

content last revised 24 Oct 2004