The Will of John Going, 1821

This is the last Will and Testament of me John Going of the Parish of Leigh in the County of Essex Gentleman first I will and direct all my debts funeral and testamentary expenses to be fully paid off and discharged as soon as conveniently may be after my decease by my executor hereinafter appointed I give and bequeath unto my sister Elizabeth the wife of Thomas Fulford of Hockley in the county of Essex gentleman the sum of three hundred pounds of lawful money of Great Britain also I give and bequeath unto my sister Charlotte ?Lacell? widow the sum of three hundred pounds of like lawful money and I hereby direct one moiety of the aforesaid legacies to be paid within one year next after my decease and the residue thereof to be paid within two years next after my decease also I give and bequeath unto my brother Reginald ?Heber? Going the like sum of three hundred pounds of lawful money of Great Britain upon trust that he the said Reginald ?Heber? Going his executors or administrators do and shall place out and invest the same at interest in the public Stocks or funds or upon government or real security and do & shall pay and apply the dividends and interest thereof when and as the same shall be received during the life of my sister Mary Ann the wife of John Loten of Leigh aforesaid Gentleman unto such person or persons and for such intents and purposes as she my said sister Mary Ann Going during such her life by any writing or writings signed by her with her name shall direct or appoint but not so as to deprive herself of the intended use or benefit thereof by sale mortgage charge or otherwise in the way of anticipation and for want of such direction or appointment at any time or times upon trust to pay the same unto the hands of her my s[ai]d sister Mary Ann for her sole separate and peculiar use and benefit notwithstanding her present marriage and the receipt or receipts in writing of her my said sister or such person or persons as aforesaid shall be good and sufficient release and discharge releases and discharges for such dividends interest and produce or so much thereof as shall be therein or hereby acknowledged or expressed to be received Provided and I do hereby declare that in case the said Mary Ann Loten shall survive her said husband it is my will and desire and I do hereby direct my said trustee his executors or administrators to pay the said sum of three hundred pounds and the interest and dividends then due thereon or otherwise to assign and transfer the stocks funds and securities in or upon which the same shall or may be invested unto the said Mary Ann Loten to and for her own proper use and benefit within six months after the decease of her said husband and further that in case the said John Loten shall happen to survive the said Mary Ann his wife then I do hereby direct and declare that from and immediately after the decease of the said Mary Ann Loten my said Trustee his ex[ecut]ors or administrators shall stand possessed of and interested in the aforesaid stocks funds or securities In trust to pay the interest dividends and proceeds thereof for and towards the support maintenance education or other benefit of all and every the present and future children if any of my s[ai]d sister Mary Ann lawfully begotten equally share and share alike until he she or they shall severally attain the age of twenty one years and when and as they respectively attain that age upon trust to pay to or otherwise assign and transfer an equal proportion of the principal of such stocks funds or securities to such child or children (regard being had to the number of children living when the eldest of such children shall attain the said age of twenty one years) so that the same may be divided between them if more than one in equal shares and proportions and if but one child then the whole to such one child and that if any such child or children shall happen to depart this life under the age of twenty one years then the share of him her or them so dying shall go and be paid to the survivors or survivor of them in equal shares and proportions and at such time or times as his or her original share shall become payable and it is my will that one moiety of the said last mentioned sum of three hundred pounds shall be invested or placed out at interest within one year next after my decease and residue thereof within one year then next following and that no interest in the meantime be paid or payable and I give and bequeath unto my natural or reputed daughter Mary Ann Risby otherwise Going the weekly sum of seven shillings to be paid & payable to her for her use at the discretion of my executor until she shall attain her age of twenty one years when the same shall cease and determine the first payment to commence and be made at the expiration of one week next after my decease and I give and devise unto my said brother Reginald Heber Going and to his heirs and assigns for ever all and every my messuages lands tenements wharfs Storehouses hereditaments & real estate whatsoever and wheresoever as well freehold as Copyhold situate lying and being in Leigh aforesaid or Kingdom of Great Britain with their and every of their rights members and appurtenances and I do hereby subject and charge all and singular my said freehold and Copyhold estates to and with the payment of the several legacies or sums of money hereinbefore by this my will given and bequeathed and after payment of my just debts funeral and testamentary expenses and the aforesaid legacies or sums of money I give and bequeath all the rest residue and remainder of my monies securities for money debts Barge Chattels and personal estate and effects of what nature or kind soever which I shall be possessed of or intitled to at the time of my decease unto the said Reginald Heber Going to and for his own proper use and benefit And I do hereby declare it to be my will and direct that my trustee and executor his executors or administrators shall not be responsible or accountable for or charged or chargeable with or for any loss or losses that shall or may happen of monies that shall be placed out at interest by him or them unless such loss or losses shall happen by his or their wilful neglect or default nor the one of them for the other or others of them but each of them for his own acts receipts and payments and wilful neglect or default only and that my said trustee and executor and his executors and administrators shall and lawfully may from time to time deduct and reimburse themselves out of the money which shall come to his or their hands all costs charges and expenses which he or they shall sustain or be put unto in or about the Trusts aforesaid or in the execution of this my will And I do hereby nominate constitute and appoint the said Reginald Heber Going sole executor of this my will hereby revoking all former wills by me made I publish and declare this to be my last will and testament In witness whereof I have to this my last will and testament contained in three sheets of paper to the first two sheets thereof set my hand and to this third & last sheet thereof my hand and seal the eighth day of March in the year [of] our Lord one thousand eight hundred and twenty one – John Going – Signed sealed published and declared by the said John Going the Testator as and for 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 "his executors or administrators" being previously interlined between the thirty fifth and last lines of the preceding sheet - Nath Bradley Leigh - John Going Leigh - E Murdoch Rayleigh

Proved at London 16th October 1821 before the Worshipful Samuel Rush Meyrick Doctor of Laws and Surrogate by the oath of Reginald Heber Going the brother & sole executor to whom administration was granted having been first sworn duly to administer.