Source: TNA, PROB 11/2118
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I Josiah John Pike of Upper Seymour Street West in the Parish of Paddington and County of Middlesex Clerk declare this to be my last Will and Testament I direct that my body shall be interred either at the Kensal Green Cemetery or at Paddington New Church I bequeath to my Granddaughter Elizabeth Ann Bennett the piano and harp in my house in Upper Seymour Street West aforesaid which belonged to my Daughter Sarah Maria Bennett deceased the Mother of the said Elizabeth Ann Bennett I bequeath to my Wife Sarah Pike the piano in my house in Upper Seymour Street West aforesaid which belonged to my Sister Elizabeth Ann Pike deceased together with all my furniture not hereinbefore specifically bequeathed and all my pictures prints books plate linen china wines liquors provisions household goods chattels and effects (other than money or securities for money) which shall at my death be in or about my said dwelling house or the out- buildings thereof I bequeath to my said Wife the sum of one thousand pounds Three pounds five shillings per Cent Bank Annuities absolute- ly I devise and bequeath all my Estate Real and Personal (except what I otherwise bequeath by this my Will and except Estates vested in me upon mortgage) unto my said Wife Sarah Pike George Swettenham Richardson of 41 Upper Seymour Street Portman Square in the County of Middlesex Esquire and Richard Fisher of Queen Square Bloomsbury in the same County Esquire their heirs executors and administrators respec- tively according to the nature and tenure thereof Upon Trust that the said Sarah Pike George Swettenham Richardson and Richard Fisher the survivors and survivor of them the heirs executors and administrators respectively respectively of such survivor shall ??????? time or times as they he or she shall ???? expedient sell my said Real Estate either together or in parcels and either by public auction or private contract with full power to buy in and to rescind any contract for sale and to resell without being responsible for any loss occasioned thereby and to do and execute all such acts and assurances for ???tuating any such sale as they he or she shall think fit and shall as soon as conveniently may be call in sell and convert into money such parts or my Personal Estate hereinbefore bequeathed to them as shall not consist of money And shall by and out of the monies to arise by such sale calling in and convertion respectively and the money of which I shall be possessed at my death pay my funeral and testamentary expences and debts and any pecuniary legacies bequeathed by this my Will or any Codicil thereto And shall invest the residue of the said monies in the names or name of the said Sarah Pike George Swettenham Richardson and Richard Fisher or the survivors or survivor of them or the executors or adminis- tratros of such survivor (hereinafter called the Trustees or Trustee) in any of the public Stocks or Funds of Great Britain or Upon Government or real securities in England and Wales (but not in Ireland or upon the securities of any Company incorporated by Act of Parliament and thereby authorized to raise money on such securities or in or upon the Stocks or shares of any Company paying a dividend and incorporated by Act of Parliament under the provisions whereof the liabilities of each individ- ual sharehold are limited to the amount of capital actually subscribed for by him or her with power for the said Trustees or Trustee to vary the said Stocks Funds or Securities at their or his discretion I declare it to be my wish that my house in Upper Seymour Street West in which I reside may not be sold but this expression of my wish is not to be taken to restrain my said Trustees or Trustee from selling the same at any time when it shall appear to them him or her in their his or her discretion expedient so to do And I declare that my said Trustees or Trustee shall hold the said trust funds and the annual income thereof respectively Upon Trust to pay the annual income of the said trust funds to my said Wife Sarah Pike for her life And after the decease of my said Wife I declare that my said Trustees or Trustee shall hold all the shares in the Grand Junction Water Works Company and also all the shares in the West Middlesex Water Works Company of which I shall die pos- sessed or the proceeds of any sale of the said shares or any of them after my decease and the Stocks Funds and Securities in or upon which the same shall be invested In Trust for my Grandson Alexander Sykes Bennett to vest in him on his attaining the age of twenty one years And I exonerate the said shares from the payment of my funeral and tesamenta- ry expences debts and legacies And I declare that my said Trustees and Trustee shall after the decease of my said Wife hold all the residue of the said trust funds in trust for my Granddaughter Elizabeth Ann Bennett to vest in her on her attaining the age of twenty one or marrying under that age And if either of them the said Alexander Sykes Bennett and Elizabeth Ann Bennett shall die without having acquired a vested interest under the provisions of this my Will in any part of the said trust funds then I declare that my said Trustees or Trustee shall hold the share of him or her so dying In Trust for the survivor to vest in him or her at such time as his or her original share is herein- before directed to vest And in case neither of them the said Alexander Sykes Bennett and Elizabeth Ann Bennett shall live to acquire a vested interest in the said trust funds then I declare that from and after the decease of the survivor of my said Grandchildren my said Trustees or Trustee shall hold all the said trust funds In Trust for the said George Swettenham Richardson his heirs executors administratos and assigns And I hereby declare that until the said shares hereinbefore bequeathed in trust for the said Alexander Sykes Bennett in the event of his attain- ing twenty one shall vest absolutely in some person or persons ?????? this my Will my said Trustees or Trustee shall pay the ????????? thereof orof the Stocks Funds and Securities ??????? which the ?????? any sale thereof shall be invested unto the Reverend Alexander Morden Bennett the Father of the said Alexander Sykes Bennett for his own use And shall until the residue of the said trust funds shall vest absolutely in some person or persons under this my Will accumulate the annual income thereof in the way of compound interest by investing the same and the resulting income thereof from time to time in or upon any such Stocks Funds Shares or Securities as are hereinbefore mentioned for the bene- fit of the person or persons who under the trusts herein contained shall become entitled to the said residue And I hereby declare that it shall be lawful for the said Trustees or Trustee in case my said house in Upper Seymour Street West shall be retained by them as aforesaid at any time or times until the same shall be sold to demise or let the same either from year to year or for any term of years not exceeding twenty one years to take effect in possession at the best yearly rent that can be obtained for the same And I further declare that until all my said Real and Personal Estate shall be sold and converted into money the said Trustees or Trustee shall apply the income of such part thereof as shall for the time being remain unsold or unconverted after pay- ment thereout of all rates taxes expences of repairs insurance and other outgoings to the person or persons for the purposes and in the manner to whom and for and in which the annual income of the Stocks Funds Shares or Securities aforesaid would be payable and applicable if such rent and Personal Estate had then been sold and the net surplus monies arising from such sale had been invested as aforesaid And I hereby declare that no person intitled in remainder or expectancy to any share or interest of or in the said trust funds shall be entitled to have my leasehold estate or any part thereof converted during the lifetime of my said Wife Sarah Pike without her wish and consent I appoint my said Wife and the said George Swettenham Richardson and Richard Fisher Executors and Administrators of this my Will And I hereby declare that the receipts or receipt in writing of the Trustees or Trustee for the time being in the execution of any of the trusts hereof for the purchase money of premises sold or for any monies funds shares or secu- rities which may be paid or transferred to them or him in pursuance hereof or of any of the trusts hereof shall effectually discharge the purcha- ser or purchasers or other the person or persons paying or transferring the same therefrom and from being concerned to see to the application or being answerable for the misapplication or nonapplication thereof And I here- by declare that if the said Trustees hereby appointed or any of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said Trustees or Trustee (and for this purpose any retiring Trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act And upon every such appointment the said trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require and every such new Trustee shall both before and after the said trust premises shall have become so vested have the same powers authorities and discretions as if he had been hereby originally appointed a Trustee And I declare that the Trustees or Trustee for the time being of this my Will shall be chargeable only with such monies as ?????????? respectively shall actually receive and shall not be answerable ????????for the other of them nor for any Banker Broker or other person in whose hands any of the trust monies shall be placed nor for the insufficiency or sufficiency of any Stocks Funds Shares or Securities nor otherwise ????????????? losses And that the said Trustees or Trustee for the time being may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all expences to be incurred in or about the execution of the aforesaid trusts and pay and allow to every Trustee who is or shall be an Attorney Solicitor or Conveyancer and his executors and administrators such reasonable compensation for his time and trouble in carrying into execution the trusts of this my Will and for any business which shall be done by him as an Attorney Solicitor or Conveyancer relating to the said trust premises as he would have been entitled to for the same in case he had not been a Trus- tee and had been professionally employed and engaged in doing the same for the Trustees or Trustee for the time being of this my Will And I here- by revoke all former Wills made by me In witness whereof I the said Josiah John Pike the Testator have to this my last Will and Testament contained in five sheets of paper subscribed my name this twenty eighth day of May in the year of our Lord one thousand eight hundred and forty seven Josiah John Pike Signed and declared by the above named Josiah John Pike as and for his last Will and Testament in the presence of us present at he same time who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Fred Keays Robert Wood Mackean } Clerks to Mr Richard Fisher 35 Queen Square Bloomsbury This is a Codicil to the last Will and Testament of me Josiah John Pike of Upper Seymour Street West Paddington in the County of Middlesex Clerk (and which Will is dated the twenty eighth day of May one thousand eight hundred and forty seven) Whereas in and by my said Will I have (amongst other things) devised and bequeathed all my Estate whether Real or Personal (except as therein mentioned) to my Trustees therein named Upon Trust for sale and conversion thereof and investment of the proceeds arising therefrom as in the said Will par- ticularly mentioned and to pay the annual income of the said trust funds (subject as therein mentioned) to my Wife Sarah Pike for life And after her decease I declared that my said Trustees or Trustee should hold all the shares in the Grand Junction Water Works Company and also all the shares in the West Middlesex Water Works Company of which I should die possessed or the proceeds of any sale of the said shares or any of them after my decease and the Stocks Funds and Securities in or upon which the same should be invested In Trust for my Grandson Alexander Sykes Bennett to vest in him on his attaining the age of twenty one years And I exonerated the said shares from the payment of my funeral and testamentary expences debts and legacies and whereas since the date and execution of my said Will I have purchased the fee simple and inheritance of the house and premises No 24 B Crafton Street Fitzroy Square in the County of Middlesex in which I had previously to such purchase a leasehold interest only Now I hereby revoke the here- inbefore recited gift or bequest made of and all and every trust created by my said Will respecting my shares in the Grand Junction Water Works Company and my shares in the West Middlesex Water Works Company and the Stocks Funds and Securities in or upon which the same should be invested in favor of my said Grandson Alexander Sykes Bennett And also all the contingent remaidners of such last mentioned premises thereby ???? or ???????????????? and declare that all the said ???????????? Shares and proceeds thereof shall ????????????????????? part of the residue of my personal estate and be ???????? the ????????? for the person and persons ???? subjec to the same ??????????????????? as in my said Will are particularly ??????????ed ?????????ed and declared respect???? the residue of the said trust estate monies and ?????????? And ??????????? bequest of the said leasehold interest ???????? at the time of making my said Will I was possessed of or entitled to in thesaid house and premises No 24 B Crafton Street aforesaid and all and every the trusts powers and declara- tions concerning the same in my said Will particularly mentioned and contained And in lieu thereof I give unto my said Trustees and Executors and tot heir heirs All that my said freehold house messuage and premi- ses together with the fixtures and fittings therein being No 24 B Grafton Street aforesaid (subject to the lease thereof granted by me to Mr Hussey) Upon Trust to receive the rents and profits thereof during the life of my said Wife and after her decease during the minority of my said Grandson and to pay the same to my said Wife during her life for her own absolute use and benefit And from and after her decease and during the minority of my said Grandson to pay the same rents and profits as and when the same shall be received for my said Grand- son notwithstanding his minority to his Father the Reverend Alexander Morden Bennett to be applied by him as he may think fit towards the maintenance education and advancement of my said Grandson during his minority And I declare that the receipt of the said Alexander Morden Bennett shall be a good and sufficient discharge to my said Executors and Trustees in respect of such costs and profits who are not to be liable to see to the application or be liable for the misapplication thereof And from and after the decease of my said Wife and from and after my said Grandson shall have attained the age of twenty one years Upon Trust to convey and assure the said freehold house and prem- ises and the fixtures and fittings therein unto my said Grandson his heirs and assigns for ever And I empower my said Trustees and Executors at their his or her discretion to demise the said last mentioned premises and any other of my freehold leasehold or copyhold premises which shall not have vested in some person or persons under my said Will or any Codicil thereto for an absolute beneficial Estate either from year to year or fror any term not exceeding twenty one years in possession for the best yearly rent they can obtain for the same without taking any fine or premium And in all other repsects I confirm my said Will In witness whereof I the said Josiah John Pike have to this Codicil con- tained on one sheet of paper set my hand this seventeenth day of April in the year of our Lord one thousand eight hundred and fifty Josiah John Pike Signed published and declared by the said Testator Josiah John Pike as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other at the same time subscribe our names as witnesses hereto Fredk Reay Alfred Percy Bevett } Clerks to Mr R Fisher 35 Queen Square Bloomsbury Proved at London with a Codicil the 6th Augt 1850 before the Worhship- ful James Parker Deane Doctor of Laws and Surrogate by the Oaths of George Swetenham (in the Will written Swettenham) Richardson Esqr and Richard Fisher Esqr two of the Executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like grant to Sarah Pike Widow the Relict the other Executor when she shall apply for the same
Last Modified: Saturday, 06-Aug-2011 19:45:28 NDT