Will of Charles Crickmer of Doctor's Commons 1848
Paragraphs and puctuation have been added for the sake of clarity
Transcribed by Chris Crickmore to whom many thanks
This is the last Will and Testament of me, Charles Crickmer of Doctors Commons in the City of London, Wine Merchant.
I appoint William Crickmer, of Mare Street Hackney in the County of Middlesex, Gentleman, Samuel Crickmer Burton, of Saint Giles Norwich in the County of Norfolk, Gentleman and James Shelton Newbon, of Doctors Commons aforesaid, Gentleman Executors of this my will, and Trustees for the purposes hereinafter declared and I direct them to pay my debts funeral and testamentary expenses as soon as conveniently may be after my decease and I charge my estates and effects with the same.
I appoint the said William Crickmer, Samuel Crickmer Burton and James Shelton Newbon, Guardian and Guardians of my infant children during minority and I bequeath to my wife the sum of thirty pounds to be paid immediately after my decease and her wearing apparel and paraphernalia and my wearing apparel watches and personal ornaments.
I give and bequeath to each of my trustees and executors the sum of nineteen pounds nineteen shillings for their care and trouble in the execution of the trusts of this my Will
I also give to my said trustees for the use of my wife during her life, all or such parts as she shall select, of my household furniture, plate, linen, glass, china, books and other similar effects used for household purposes, but not any effects used in or for my business.
And I direct my trustees to keep the effects used by my said wife insured against fire in such sum as my trustees shall consider sufficient But neither she nor my Trustees are to be answerable for loss or damage to such effects by reasonable use or by accidental fire.
I also give to her such household stores, liquors and provisions as shall be in my house wherein I reside at my decease, and be deemed household stores, and not part of my stock in trade.
I bequeath to my Trustees all my stock in trade, book debts, the goodwill of my business and All other my Property Estate and Effects both real and Personal (except such parts thereof as are hereinbefore specifically bequeathed) In trust to call in, and receive such parts thereof, as shall consist of money, and to sell and dispose of, or convert into money, such parts thereof as shall not consist of money, but with power to permit any part thereof to continue in the state either of investment or otherwise, in which it shall be at my decease, so long as my trustees shall deem expedient.
And I direct my trustees to invest, in their names, the money which shall arise from the receipt, sale, conversion or calling in of my estates and effects, and which shall not be immediately required for the purposes of my will, in or upon some or one of the parliamentary stocks or funds of Great Britain, or at interest upon government securities, or on real or long leasehold securities in England or Wales, or on the mortgages, bond or debentures of any incorporated public company or companies in the United Kingdom, and from time to time to alter, vary, and transpose all or any of the trust stocks, funds or stocks for other stocks, funds or securities of a like nature, and at any time to accept any new, or other, stock or securities which may be substituted for any existing stock or securities at a different rate of interest at their discretion.
And I declare that my trustees shall stand and be possessed of my said estate and effects bequeathed to them In trust as aforesaid, and that the monies to arise therefore which shall not be required for the purposes aforesaid and the stocks funds and securities on which such monies shall be invested and of my business so long as it shall be carried on upon trust, to retain so much of my trust monies and funds as they shall consider sufficient to provide for the payment during the life of my wife of an annual sum of sixty pounds clear of deductions that I direct them to raise such annual sum out of the income of my trust estate generally until a part thereof shall be so appropriated.
And after such appropriation out of the income of the trust funds set apart for the purpose, or out of the capital thereof if necessary, And to pay the same annuity to my wife during her life for her sole and separate use, restricted from anticipation, and that the same shall be payable half yearly in advance, the first payment being deemed to become due on the day of my decease, and that on the ? thereof the funds appropriated as aforesaid and not applied for payment of the said annuity, shall be transferred to the person or persons who shall be entitled under the trusts of this my will.
And so long as any one of my children shall be under the age of twenty one years to pay or apply the residue of the interest dividends and annual produce arising from the said trust money and funds and the net income to be derived from carrying on the said business so long as it shall be carried on in or towards the maintenance, education, advancement and support of my children or such of them as my trustees shall consider to require the same, with full power for my trustees in their discretion to pay the same interest, dividends, annual produce and income, for the purpose of being applied as aforesaid, but without their being obliged to keep or give any account of the application thereof, and subject to the trusts aforesaid and to the payment of the annuity hereinbefore provided for my wife, the said trust money and funds shall be In trust for and rest in my child, if only one or all my children if more than one who shall live to attain the age of twenty one years, and in equal shares if more than one, and subject to my trustees retaining a competent part of the said trust monies and funds for the purpose of providing for the said annuity of the same shall become payable the said trust monies and funds shall be paid or transferred to the child or children who shall become entitled thereto as soon as may be after he or she or the youngest of them if more than one shall have attained the said age
Provided always, and I declare that my trustees shall also have power to apply any part of the capital to which any child of mine shall under the trusts and provisions aforesaid be presumptively entitled in or towards his or her establishment, marriage or advancement in the world, notwithstanding his or her share shall not be vested or payable.
Provided also and I declare that in case no child of mine shall live to attain the age of twenty one years my said trust monies and funds or so much thereof as shall not have been raised and applied for advancement or otherwise as aforesaid shall be ?cast as to the interest dividends and annual produce thereof for my said wife for and during the term of her natural life if she shall be living at the decease of my last surviving child for her sole and separate use, and without power of anticipation, and to be payable and paid to her on the same days and times as the annuity hereinbefore given to her
But if my said wife shall not be living at the death of such last surviving child as aforesaid and from and after her decease if she shall be then living, I declare that my said trust monies and funds, or so much thereof as shall not have been raised and applied for advancement or otherwise as aforesaid, shall be In trust for such of my next of kin according to the statute for the distribution of intestates effects as shall be then living.
And I declare that the provisions hereby made for my wife shall be in bar of her dower and ?, and I empower my trustees to compound, or allow time for the payment of any debt or debts due to my estate, and to accept such real or personal security for such debts as they shall think proper, and to pay and satisfy or settle all my liabilities, debts and engagements whether recoverable at law, or in equity or not, upon such evidence or information as the said trustees shall in their discretion deem sufficient and generally to settle all amounts between me and my person or persons on such terms as my trustees shall deem expedient, and to refer any matters in difference relating to my affairs to arbitration, and to abide by the decision or award which shall be made therein ,and with respect to my property or any matters in difference shall be binding on in persons interested under my will.
and I devise unto the said William Crickmer, Samuel Crickmer Burton and James Shelton Newbon all the hereditaments which at my decease shall be vested in me as trustee or as mortgagee in fee, and subject to redemption upon, and subject to the several trusts and equities and authorities hereby given to my trustees, may be legally exercised by the survivors or survivor of them or the heirs and assigns if relating to real estates of inheritance or the executors administrators or assigns if relating to personal property of such survivor or by any person or persons upon whom for the time being my trust estates real or personal or the trusts of this my will shall devolve.
Provided always that if the trustees hereby named, or any or either of them, shall die in my lifetime, or shall disclaim the trusts or powers given to them by this my will, or if they or any or either of them or any future trustee or trustees to be appointed as hereinafter mentioned shall die, or become unwilling or unable to act in the trusts aforesaid before they shall be fully executed, then and so often as the same shall happen it shall be lawful for my trustees or trustee or if there be none such for the trustee or trustees unwilling to act or to continue to act or if all the trustees shall have departed this life, for the acting executor or administrators executors or administrators of the last surviving trustee by any deed or deeds to appoint new trustees or a new trustee as occasion shall require and upon every appointment of a trustee or trustees all necessary transfers and conveyances shall be made and executed for vesting the trust premises in the new trustee or trustees jointly with the continuing trustee or trustees or solely as the case may require.
And that every such new trustee may exercise as well before as after such transfer and conveyance the same power and authorities in relation to the aforesaid trusts as if he had originally been appointed trustee in and by this my will.
And I declare that the executors and trustees for the time being of this my will shall not be answerable for the acts and defaults of each other, nor for any insufficiency or deficiency either in value or ? of any securities stocks or funds on which any of the trust monies may be invested, Nor for any other loss which may happen without their respective wilful default, and that they shall not be charged with interest on balances which may from time to time be in their bankers hands, except such interest (if any) as such bankers shall allow, and I authorize my executors and trustees to retain out of the trust monies all such costs, charges and expenses as shall be incurred in the execution of the said will or of the aforesaid trusts or in relation thereto, and I declare that the receipt of my trustees or trustee or other the person or persons for the time being acting in or exercising any of the trusts or powers of my will for all monies paid to them him or her shall be absolute discharges to the person or persons paying the same for so much money as in such receipts respectively shall be acknowledged to have been received.
and hereby revoking all other wills heretofore made by me I declare this to be my last will and testament In witness whereof I have hereunto set my hand this twenty second day of May in the year of our Lord one thousand eight hundred and forty eight
Charles CrickmoreSigned by the above named Charles Crickmer the Testator on the twenty second day of May one thousand eight hundred and forty eight as and for his last will in the presence of both of us present at the same time who in his presence and in the presence of each other do attest and subscribe the same
This is a Codicil to the last will and testament of me Charles Crickmer of Doctors Commons Wine Merchant which will bears date the 22nd day of May 1848 I bequeath the sum of one hundred pounds to my brother William Crickmer and to his eldest son William Burton Crickmer the like sum of one hundred pounds and to my faithful servant Elizabeth Morgan the like sum of one hundred pounds and to my Cousin S S Hurst Clerk and to my Clerk J Harrison the sum of ten pounds each for mourning rings As witness my hand this 23rd day of September 1854
Charles CrickmerSigned by us in the presence of the Testator in the presence of each other and at his request and by the Testator all present at the same time - (illegible insert)
In the Prerogative Court of Canterbury
In the Goods of Mr Charles Crickmer deceased
Appeared Personally, James Shelton Newbon of Wardrobe Place Doctors Commons in the City of London, Gentleman, and made oath that he is one of the subscribed witnesses to the Codicil to the last will and testament hereunto annexed of the said Charles Crickmer late of Kennington Common in the County of Surrey and of Doctors Commons in the City of London, Wine Merchant, deceased, the said will bearing date the twenty second day of May one thousand eight hundred and forty eight, and the said Codicil the twenty third day of September one thousand eight hundred and fifty four, and referring to the said Codicil and more particularly to the figures and letter "22d" written between the word the and the world dayš in the fourth line thereof the deponent further made oath that on the aid twenty third day of September one thousand eight hundred and fifty four the said Testator duly executed this said Codicil by signing his name at the foot or end thereof in the presence of this deponent and of the Reverend George Greig Clerk and Sarah Watson spinster the other subscribed witnesses thereto who were all present at the same time, and this deponent and the said Reverend George Greig Clerk and Sarah Watson spinster by making her Cross or Mark thereto thereupon, attested and subscribed the said Codicil in the presence of the said Testator, and of each other, and the deponent further made oath that the before ?writed figures and letter 22d written between the word "the" and the word "day" in the fourth line of the said Codicil as aforesaid were so written and made in the said Codicil in manner as the same now appears previously to the execution thereof by the said Testator - Jas Shelton Newbon - On the sixth day of October one thousand eight hundred and fifty four the said James Shelton Newbon was only sworn to the truth of this affidavit before me Parker ? ? J Roberts JP Proved at London with a Codicil 18th Octr 1854 before the worshipful Samuel Jewkes Wambey Doctor of Laws and Surrogate by the oaths of William Crickmer the brother and Samuel Crickmer Burton the nephew and James Shelton Newbon the Executors to whom admon was granted having been first sworn duly to administer.
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