The Will of David Fulford Harridge of Henlow, 1840

This is the last Will and Testament of me David Fulford Harridge of Henlow in the County of Bedford Clerk First I direct my debts (except any debts on bond or other specialty or mortgage which I may owe at the time of my decease) funeral and testamentary expenses to be paid out of my personal estate but in case my personal estate shall be insufficient then I charge the deficiency upon my Real Estate and I direct that all the debts which I shall owe at the time of my decease on bond or other specialty or mortgage shall be paid out of my real estate which shall be and be considered as the primary fund for the payment of the said bond specialty and mortgage debts and (subject aforesaid) I give and bequeath all my Personal Estate and Effects of what nature or kind soever unto my dear Wife Sophia Harridge Harridge her executors administrators and assigns absolutely for her and their own use and I give and devise all that my Manor of Little Stambridge and all my freehold and copyhold or customary messuages lands tenements and hereditaments in the County of Essex and all other my freehold and copyhold or customary estates whatsoever and wheresoever of or to which I or any person or persons in trust for me am is or are seized or entitled of or for any estate of freehold and inheritance or of freehold only in possession reversion remainder or expectancy or of which I have power to dispose by this my Will with their rights royalties members and appurtenances except estates vested in me in trust or by way of mortgage unto and to the use of my Father in Law John Carter of Chelmsford in the County of Essex Gentleman and John Bridges of Red Lion Square in the County of Middlesex Gentleman and their heirs and assigns upon the trusts and to and for the intents and purposes following that is to say upon trust that they my said trustees or the survivor of them or other the trustees or trustee for the time being of this my Will do and shall in case my dear Mother Ann Harridge shall survive me and they or he shall within the space of one month next after her lease thereof shall expire be thereunto requested by her my said Mother well and sufficiently demise and lease all or any part of my said manor hereditaments and estate hereinbefore devised unto her my said Mother for such further term of years to be made determinable at her decease as she shall require at such rent and upon such terms and conditions as shall be agreed on between her and my said Trustees or Trustee for the time being but as to the copyhold part of the premises with the proper Manor or Manors in that behalf and subject to the trust aforesaid do and shall by sale or mortgage of the said manor hereditaments and real estate or any part thereof or by both the said means or such other lawful means as they my said trustees or trustee for the time being shall think expedious levy and raise such sum and sums of money as shall be sufficient to pay off and discharge all or any specialty debts and mortgage debts which I shall owe at the time of my decease and all interest and arrears of interest thereon and in the meantime until the same shall be so paid off by the means aforesaid do and shall by and out of the rents and annual profits of the said manor hereditaments and real estate keep down the interest in the meantime accruing thereon and (subject as aforesaid) do and shall by such sale or mortgage of the said manor hereditaments and real estate or any part thereof or by both of the said means or by such other lawful means as they my said trustees or trustee shall think expedient levy and raise the several sums of lawful English money following for the several persons hereinafter named and apply the same accordingly (that is to say) for my said dear Wife the sum of two hundred pounds for my Brother in Law Henry Harridge Carter the sum of two hundred pounds for Alleyne David Carter the sum of three hundred pounds for my dear Sister Eliza Hanson Harridge the sum of three hundred pounds for my brother Frederick Harridge the sum of three hundred pounds and for my Father in Law the said John Carter as an acknowledgement for his trouble in carrying into effect the trusts of this my Will fifty pounds all which sums respectively I direct shall be raised and paid within twelve calendar months next after my decease or as soon thereafter as conveniently may be and in case of any delay in raising and payment of the same respectively I direct that the same respectively shall carry interest after the rate of four pounds per cent per annum from the expiration of six calendar months next after my decease until the raising and payment thereof which interest shall be paid out of the rents and annual profits of the said manor hereditaments and real estate and do and shall by and out of the rents and annual profits of the said manor hereditaments and real estate (subject nevertheless to the trusts hereinbefore declared for paying my specialty and mortgage debts) raise and pay unto my dear Brother William Henry Harridge during his life one annuity or clear yearly sum of thirty pounds of lawful English money by quarterly payments without any deduction the first of such payments to be made at the expiration of three calendar months next after my decease and I declare that the said annuity shall from time to time be payable into the proper hands of the said William Henry Harridge and not to any person or persons to whom or in whose favour he may attempt to assign alienate charge or incumber the same or any future payment thereof by way of anticipation to the intent that the same may be and remain a personal and inalienable provision for the support and benefit of the said William Henry Harridge during his life subject nevertheless to the proviso hereinafter contained in relation thereto (that is to say) provided always and I do hereby expressly declare that if the said William Henry Harridge shall commit an act of bankruptcy whereon a Commission shall issue under which he shall be declared Bankrupt or if he shall take the benefit of any Act passed or to be passed for the relief of Insolvent Debtors or do or permit or attempt to do any other matter or thing whereby to assign charge alienate or incumber the said annuity contrary to the true intent of this my Will then and in any of the said cases the said annuity shall absolutely cease as if the said William Henry Harridge were dead and shall be no longer payable and subject and without prejudice to all or any of the trusts and charges aforesaid do and shall pay the clear surplus of the rents issues and annual profits of the said manor hereditaments and real estates unto my said dear Wife or her assigns or otherwise empower her or them to take and receive the same for and during [the] term of her natural life if she shall so long continue my Widow and from and after the decease or marrying again of my said Wife which shall first happen do and shall stand and be seized of the said manor heredit[ament]s and real estates or such of the same or such part thereof as shall not be sold or otherwise absolutely disposed of for answering the purposes aforesaid in trust for all and every such of my present or future born Sons as shall be living at the time of my decease or born in due time after and shall have attained or shall thereafter attain the age of twenty one years or depart this life under that age leaving lawful issue of his or their body or bodies living at the time of his or their respective decease or born in due time after to be divided between them if more than one share and share alike as tenants in common in fee simple and in case there shall be but one such Son then in trust for such one Son in fee simple but in case there shall be no such Son living at the time of my decease or born in due time after who shall have attained or shall thereafter attain the age of twenty one years or depart this life under that age leaving lawful issue of his or their body or bodies living at the time of his or their respective decease or born in due time after then I direct my said trustees and the survivor of them and the trustees or trustee for the time being of this my Will to stand seized of my said manor hereditaments and real estate In trust for all and every such of my present or future born daughters as shall be living at the time of my decease or born in due time after and shall have attained or shall thereafter attain the age of twenty one years or depart this life leaving lawful issue of her or their body or bodies living at the time of her or their respective decease or born in due time after to be divided between them if more than one share and share alike as tenants in common in fee simple and in case there shall be but one such daughter then in trust for such one daughter in fee simple and in case there shall be no son or daughter of mine who shall obtain a vested interest in the said manor hereditaments and real estate under the trusts hereinbefore declared for their benefit then do and shall stand and be seized of the same (subject and without prejudice to such other of the trusts hereinbefore declared as shall then be subsisting) in trust for my right heirs for ever provided always and I do hereby direct that in case there shall be a Son or Sons of mine who shall under and by virtue of the trusts aforesaid obtain a vested interest or interests in my said manor hereditaments and real estates or any part thereof and there shall also be a daughter or daughters of mine living at the time of my decease or born in due time after who shall have attained the age of twenty one years or have married under that age with consent of her or their parents or parent guardian or guardians or shall thereafter attain the age of twenty one years or marry under that age with such consent as aforesaid then I do hereby direct that my said trustees or trustee for the time being notwithstanding any of the trusts hereinbefore declared of my said manor hereditaments and real estate in favour of such Son or Sons as aforesaid but subject and without prejudice to the other trusts and charges hereinbefore declared and created and especially subject and without prejudice to the trust hereinbefore declared of the said surplus rents and annual profits in favour of my said Wife during her Widowhood do and shall by sale or mortgage of the same manor hereditaments and real estate or any part thereof or by both such means or such other means as they my said trustees or trustee for the time being shall think proper levy and raise for the portion of each such daughter as last aforesaid the sum of five hundred pounds sterling the same to be a transmissible interest in each such daughter as shall have attained her age of twenty one years or have married under that age with such consent as aforesaid in my lifetime immediately upon my decease and in each such daughter as shall attain the age of twenty one years or marry under that age with such consent as aforesaid after my decease immediately upon her attaining that age or so marrying and to be raised and paid to them respectively at the same ages days or times respectively in case the same shall happen after my decease and after the decease or marrying again of my said Wife and after the same portions respectively by the happening of the event hereinbefore referred to shall have become raisable but in case the same shall happen in my lifetime or during the Widowhood of my said Wife or before the happening of the event on which the same are to become raisable as aforesaid then so soon after the same shall have respectively become raisable my said Wife shall die or marry again provided also and I do hereby declare that my said Trustees or Trustee for the time being do and shall after my decease and after the decease or marrying again of my said Wife by and out of the rents and annual profits of the said manor hereditaments and real estates (notwithstanding the trusts hereinbefore declared in favor of such Son and Sons as aforesaid but subject and without prejudice to the other trusts and charges hereinbefore declared and created) levy raise and apply for the maintenance and education of all and every my daughters for the time being so long as they shall presumptively or ?contingently? entitled to a portion or portions to be raised and raisable in the event aforesaid and the meantime until such their portions respectively shall become payable such yearly sum or sums not exceeding the sum which the interest of such their expectant portions would amount to after the rate of four pounds for every one hundred pounds by the year as to them my said trustees or trustee for the time being shall seem sufficient and I do hereby authorize and direct my said trustees from time to time after the decease or marrying again of my said Wife to pay and apply the rents and profits of my said manor hereditaments and real estate or such parts or shares part or share thereof as shall not have become vested in my said children under the trusts aforesaid until the same shall respectively become vested (subject and without prejudice to the trusts hereinbefore declared for raising the annual and gross sums if and so long as there shall be a Son or Sons of mine presumptively entitled to the same hereditaments parts or shares part or share in or towards the maintenance and education of such Son or Sons respectively and when and in case there shall be no such Son then in or towards the maintenance and education of the Daughter or Daughters for the time being presumptively entitled to the same hereditaments parts or shares part or share in such manner as they shall think proper and to accumulate the surplus if any for the benefit of such person or persons as under the trusts aforesaid shall become entitled to a vested interest on the part or share parts or shares respectively from the annual proceeds of which such accumulations shall have respectively proceeded as part of the personal estate of such person or persons respectively provided always and I do hereby further authorize and empower the trustees or trustee for the time being acting under this my Will from time to time or at any time during the Widowhood of my said Wife and after her decease or marrying again during the minority of any one or more of my said children respectively for the time being presumptively entitled to the said manor hereditaments and real estate or any part or share thereof but with the consent of my said Wife during her Widowhood testified by some writing under [her] hand and after her decease or marrying again of his and their own proper authority subject nevertheless and without prejudice to the direction hereinbefore given with respect to granting a lease to my said Mother) do grant and lease all or any part of the said manor hereditaments and real estate for any term or number of years not exceeding the time when the youngest of my said children who for the time being shall be presumptively entitled either immediately or remotely to the said manor hereditaments and real estate or any part or share therein shall attain the age of twenty one years to take effect in possession and not by way of future interest at the best or most approved yearly rents which at the time of making such lease or leases respectively can be reasonably obtained for the hereditaments so to be leased so as no fine or premium for such lease or leases be taken and so as such parts of the said hereditaments as are copyhold be not leased contrary to the custom of the manor or respective manors whereof the same are respectively holden without a proper ?licence? or ?licences? being first obtained for the same provided always and I do hereby further declare that it shall be lawful for my said trustees or trustee for the time being with the consent in writing of the persons or person who by virtue of this my Will shall be entitled to the said manor if such person or persons shall have attained his her or their age or respective ages of twenty one years but if not then on their or his discretion and sole authority for such price or consideration in money as they or he shall think proper to make any enfranchisement of any copyhold or customary messuages lands tenements or hereditaments within the manor hereinbefore devised and for that purpose by deed sealed and delivered by them or him respectively in the presence of and attested by two or more reliable Witnesses to make such dispositions or appointments of the messuages lands tenements and hereditaments proposed to be enfranchised as will enable the persons entitled thereto from that time forwards to hold the same and the rights liberties and privileges belonging thereto as freehold and absolutely freed and discharged from all customary rents fines heriots services and customs except such suit and service of Court and such yearly payments if any as it shall be judged expedient to reserve or to charge upon the same hereditaments provided also and I further will and declare that notwithstanding all or any of the trusts aforesaid but subject and without prejudice to any sale mortgage or other disposition of the premises previously made in pursuance and execution of the same trust it shall and may be lawful to and for the acting trustees or trustee for the time being of this my Will at any time or times during the Widowhood of my said Wife and after her decease or marrying again then during the minority of any one or more of my said Children for the time being presumptively entitled to the said manor hereditaments and real estate or any part or share thereof but with the consent in writing of my said dear Wife during her Widowhood and after her decease or marrying again with the like consent of the person or persons if any who for the time being shall have attained a vested interest or vested interests in any part or share of the same manor hereditaments and real estate and who shall not be under the legal liabilities of coverture or infancy or any other legal disability and if there shall for the time being be no such person then of the proper authority of them my said trustees or trustee for the time being to dispose of either by way of absolute sale or in exchange for other manors lands and hereditaments to be situate in England or Wales all or any such part of the freehold or copyhold hereditaments hereby devised as shall for the time being remain unsold or otherwise not absolutely disposed of under the trusts aforesaid and the inheritance thereof to any person for such price or prices in money or for such equivalent in manors lands or other hereditaments as to them the said Trustees or Trustee for the time being shall seem reasonable and to take any sum or sums of money by way of equality of exchange and I direct that the monies arising from such sale or received for an equality of exchange as aforesaid together with the consideration money which shall be received for the enfranchisement of the copyhold hereditaments as aforesaid shall in the first place go and be applied in discharge of the gross sums of money hereby charged thereon which shall then remain due and owing or which shall be charged thereon and be then due under the trusts aforesaid and subject thereto the same shall with all convenient expedition (but with such consent as aforesaid or otherwise by the proper authority of them my said trustees or trustees according to circumstances) be invested in the purchase of other hereditaments situate in England or Wales of an indefeasible estate of inheritance in fee simple in possession or of copyhold tenure or leasehold whereof sixty years of lease shall be unexpired convenient to be held therewith and that the said trustees or trustee shall stand seized of the said manors lands and hereditaments so to be purchased or received in exchange and for such and the same trusts intents and purposes and with <???> subject to such and the same powers provisoes charges and declarations as are by these presents contained and declared of and concerning such of the said hereditaments hereinbefore devised as shall be so sold or exchanged or as near thereto as circumstances will admit and I further declare that until the money to be raised by any such sale as aforesaid or to be received for equality of exchange or for the enfranchisement of the said copyhold hereditaments as aforesaid shall be invested in manner aforesaid it shall and may be lawful to and for the said acting trustees or trustee for the time being of this my Will to place out such monies in the purchase of a share or shares of the parliamentary stocks or public funds of Great Britain or at interest upon Government or Real Securities in England or Wales in their or his own names or name with full power to vary the securities at their and his discretion and the interest dividends and annual produce of such stocks funds and securities shall go and be paid in the manner to the persons and for the intents and purposes in to and for which the rents of the hereditaments so to be purchased would go and be payable in case such purchases were actually made and I do hereby authorize and direct my trustees and trustee for the time being from time to time and at all times during the continuance of the trusts aforesaid and until there shall be a person or persons entitled under or by virtue of the same trusts to require an absolute transfer of the legal estate in the said trust premises by and out of the rents issues and annual profits of the said manor hereditaments and real estate and of any such manor messuages lands heredit[ament]s and real estate as may be purchased or received in exchange as aforesaid to preserve and keep the same messuages lands and hereditaments or such of them as for the time being shall not or ought not to be kept in good repair and condition by the tenant or tenants thereof in good and tenantable repair and condition and in all other respects to manage the same as they shall think proper for the benefit of the said estates any thing hereinbefore contained to the contrary notwithstanding And I give devise and bequeath unto the said John Carter and John Bridges their heirs executors administrators and assigns all the estates vested in me upon trust or by way of mortgage of which I have power to dispose by this my Will with their rights members and appurtenances to have and to hold the said estates unto the said John Carter and John Bridges their heirs executors adm[inistrat]ors and assigns according to the nature and quality thereof respectively upon the trusts and subject to the equity which at the time of my decease shall be subsisting or capable of taking effect therein respectively and I do hereby declare that the receipt or receipts in writing of the trustees or trustee for the time being acting under the trusts of this my Will for any sum or sums of money payable to them or him under or by virtue of this my Will shall effectually discharge the person or persons to whom the same shall be given his her or their and every of their heirs executors administrators and assigns from seeing to the application or being answerable or accountable for the misapplication or nonapplication thereof or of any part thereof and I also declare and direct that when any sale mortgage or other disposition of any part of the said manor hereditaments and real estate shall be made under the trusts aforesaid the purchasers mortgagees or other persons to whom the same shall have been sold mortgaged or otherwise disposed of shall hold and enjoy the hereditaments so sold mortgaged or otherwise disposed of freed and discharged of and from the said annuity of thirty pounds and the same annuity so long as the same shall subsist shall be and remain charged upon the residue of the hereditaments remaining undisposed of and upon any such mortgaged heredit[ament]s subject to the mortgage thereof and I hereby authorize and empower my Executrix hereinafter named to pay any debts owing by me or claimed from me upon any evidence she shall think proper and to accept any security real or personal and compromise any debts owing to me and to allow such time for the payment thereof as to her shall appear reasonable provided also and it is my will that in case either of them the said John Carter and John Bridges or any trustee or trustees to be appointed under this present proviso shall depart this life or shall be desirous of being discharged from the aforesaid trusts respectively or shall go to reside beyond Seas or shall neglect or refuse or become incapable to act in the said trusts respectively before the same shall be fully executed and performed then and in that case and so soon and as often as the case shall happen it shall and may be lawful to and for the acting trustees or trustee for the time being if there shall be any such and if not then for the trustee or trustees last acting or the executors or adm[inistrat]ors either of the last acting or last surviving trustee to nominate and appoint any fit person or persons to be a trustee or trustees to supply the place of the trustee or trustees so dying or desirous to be discharged or going to reside beyond Seas or refusing or neglecting or becoming incapable to act as aforesaid and that immediately after such appointment the said trust estates monies and premises shall be conveyed and assigned in such manner as that the same may be well and effectually vested in such new and such surviving or continuing trustees jointly or in such new trustee or trustees solely as the case may require upon the trusts hereinbefore expressed and declared of and concerning the same and that every such new trustee shall have and may exercise the same powers privileges and authorities as if his name had been inserted in this my Will as a trustee of the said trust estates monies and premises provided also and my will is that my said trustees and each of them or any future trustee or trustees to be appointed in manner aforesaid shall be charged and chargeable only for such money as they shall annually receive by virtue of the trusts hereby in him and them reposed notwithstanding his or their or any of their giving or signing or joining in giving or signing a receipt or receipts for the sake of conformity and that any one of them shall not be answerable or accountable for the others or other of them or any or either of them for the acts receipts neglects or defaults of the other but each of them for his own acts receipts neglects or defaults only and that he they or any of them shall not be answerable or accountable for any banker broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the trusts hereinbefore contained and that they or any of them shall not be answerable or accountable for any rise or fall in the price or value of stocks or the insufficiency or deficiency in title or value of any security or securities stocks or funds in or upon which any part of the said trust monies may be placed out or invested or for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same happen by or through his or their wilful default respectively and then and in that case each person shall singly and alone be responsible for such loss or damage as shall arise from his or their default and also that it shall and may be lawful for my said trustees and each of them and any future trustee or trustees to be appointed in manner aforesaid by and out of the monies which shall come to his and their respective hands by virtue of the trusts aforesaid to deduct retain and reimbusre to and for himself and themselves respectively and to allow to his and their Cotrustee and Cotrustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend or be put unto in or about the execution of the aforesaid trusts or in relation thereto And I do hereby hereby declare that the provision hereby made for my said Wife is in lieu and full satisfaction of all dower or thirds of or to which she by common law custom or otherwise is can or may be entitled out of the real estate of which I shall die seized and I do hereby nominate constitute and appoint my said Wife sole Executrix of this my Will and Guardian of our children during their respective minorities but in case my said Wife shall not survive me or shall die during the minority of any of our children then I appoint my Brother in Law Henry Harridge Carter sole Guardian of my said children in her room And lastly revoking all former Wills by me at any time heretofore made I do declare this only to be my last Will and Testament In Witness whereof I the said David Fulford Harridge have to this my last Will and Testament contained in eleven sheets of paper set my hand and seal (that is to say) my hand to the bottom of the ten preceding sheets and my hand and seal to this eleventh and last sheet of paper this eighteenth day of February in the year of our Lord one thousand eight hundred and twenty eight – David Fulford Harridge – Signed Sealed Published and Declared by the said David Fulford Harridge as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses - George Birmingham - Alfred Hall - John Day, Clerks to Messrs Bridges & Mason - Red Lion Square

Proved at London 9th April 1840 before the Worshipful John Haggard Doctor of Laws and Surrogate by the Oath of Sophia Harridge Harridge Widow the Relict the sole Executrix to whom Admon was granted having been first sworn duly to administer