| Description | [an earlier will than that printed in YAS XCV and with variations]
Devises all manors, messuages, lands, tenements, rents, shares in the New River Water and all other real estates in Yorkshire, Berkshire, Kent, Middlesex and Lincoln to the Most Noble Duke of Argyle and Greenwich, the Most Hon. the Marchioness Dowager of Annandale (testators daughter), Simon Mitchell of Clerkenwell, Middlesex and Robert Holford Esq., one of the Masters in Chancery and their heirs, to their use, upon trusts:
Out of the clear annual profits, to pay to the Marchioness of Annandale during her life, for her own use and not subject to intermeddling of any husband, an annual sum of £300 free from all deductions, by 4 equal payments at Anniversary of the Blessed Virgin Mary, St. John the Baptist, St. Michael the Archangel and the Nativity, payments to commence six months after his death
Trustees also to pay out of annual profits of realty, to grandchildren George and John, the two sons of daughter Charlotte, the Marchioness, allowances for their subsistence and education as trustees think fit not exceeding £100 per annum each up to age 12, and up to age 18 £170 pa and from 18 to 23 not exceeding £250 pa each. In case of death of one of grandsons, an additional sum not exceeding £100 more per annum to be paid to survivor until 23. After either of the grandsons attains age 23, trustees by such means as Counsel at law may advise to settle and assure realty in Yorkshire, Kent, Middlesex, Lincoln and River shares (excepting Berkshire and subject to provisions made above for the Marchioness) to use of such of the grandsons George and John as shall be the most worthy, freest from all the vices of lewdnwss, swearing, drinking and gameing and is most likely by his deligence and sobriety to preserve my estate in the judgment of my trustees subject to approval of their mother and after strict enquiry hoping that noe regard will be had to the seniority of the grandsons. The grandson to hold the same for his life without impeachment of waste with remainders to trustees and their heirs for life of such grandson to support contingent uses
After death of the grandson so appointed, to use of sons of that grandchild, subject to the latters nomination and appointment and consent of grandsons wife and trustees of the marriage: and the heirs male of such sons: "it being my desire that noe Ideot, Lunatick or Vicious or debauched person may take my estate".
For want of such issue or appointment, to use of George and his heirs in tail male, for default to John and his heirs in tail male, and for default, to any of the sons of his daughter that should be nominated by any husband of hers who she may marry being a gentleman born of that part of Great Britain called England haveing Twelve hundred pounds per ann reall estate... to settle on the children of that marriage [This will was made after the death of Charlottes 1st husband the Marquess of Annandale]. Trustees to approve of the marriage with proper settlements made before the marriage, and she not deceived for support of heirs of that marriage..
In the Settlement, powers to be inserted for each of grand sons George and John as he comes into possession of estates to make a jointure for any wife he may marry not exceeding proportion of £100 p.a. in land for every £1000 he shall have in money or personalty or be entitled to in marriage
In case of death of all the sons of the late Marquess by his first wife, and the honour should descend to testators eldest grandson before he attains age 23, or his male issue, then recommends trustees to aid him or his issue male to procure Act of Parliament to entail testators estate in Yorkshire, Berkshire, Middlesex and Lincoln so that it may be enjoyed with the honour so long as the same shall continue in testators family, with power to make jointures and portions for daughters and younger sons, and to make leases.
Trustees to assure realty in Berkshire on whichever of grandsons does not become entitled to the other above-mentioned estates for his life without impeachment of waste with remainders to trustees...., and in tail male... power to make jointures
Should testator be deprived of all issue male and female from himself or daughter, trustees to assure all the premises to charitable or other public uses as testator may appoint by any codicil or other deed
Rents and profits out of testators estates to be used by trustees in purchasing other estates to be settled to same uses (excluding Berkshire premises)
Trustees not to give their consent to any marriage of Charlotte to any person they consider not a fit match or who will not make a reasonable settlement on her and her issue
Every person who shall enjoy testators estates by virtue of this will to assure the surname and coat of arms of Vanden Bempde and upon refusal of the person entitled to asume the name and arms, the benefit of that person in the above estates to cease and be void and estates to go to the person in next remainder as if the person so refusing had died without issue
Trustees and person entitled to have power to lease part of the premises for any term not exceeding 21 years...
To daughter Charlotte £100 to buy mourning for herself and family
To trustees and executors £10 each for mourning
Appoints reasonable mourning for all household servants
Executors to be John Duke of Argyle, Charlotte Marchioness Dowager of Annandale, Robert Holford and Simon Mitchell. Should the
Duke of Argyle renounce executorship or die before trusts are completed, appoints Thomas Ashurst of Ashurst to succeed him. Similarly in place of Robert Holford, nominates Ellerker Bradshaw of Risby, in place of the Marchioness, Timothy Carr, Captain in Lord Cobhams Regiment; but no more than four executors to be concerned at the same time
Executors and trustees to be one and the same, when only two remain they to convey realty to the use of themselves.....
To each of trustees taking upon themselves execution £25 per annum as a gratuity
If executors and trustees approve, Mr Henry Dean of Reading, Berkshire, attorney at law, to be appointed to be Receiver or Manager of estate in Berkshire and Mr Joseph Dickinson of Elmsall Hall, testators present steward of Yorkshire estates, to be Receiver and Manager of Yorkshire estates and that Henry Dean once every year and Joseph Dickinson once every two years account to trustees and executors
Appoints salary of £30 per annum to Joseph Dickinson during the time he continues as Receiver and Manager and for his travelling expenses every two years £8
and a similar salary and travelling expenses for any other Receiver or manager of that estate; and whatever else trustees and executors think fit for a Receiver and Manager of the Kent and Berkshire estates, payable out of profits of the estates
Testators South Sea Stock and other personalty to be sold and the issues, together with rents and profits of realty, to be laid out in purchase of lands of inheritance to be settled as above (excepting Berkshire), with recommendation to purchase lands near the Yorkshire estates, or else in Kent or Berkshire, and until such purchases are made the money to be put out at interest in securities and meanwhile lodged in the Bank of England
No trustee or executor to be liable for any loss in accounting and managing affairs
Accounts to be made up every four years
Signed: John Vanden Bempde
Witnessed: Paul Boyer, Philip Vincent, David Balfour, John Crouch 12 April 1724
Endorsed memo that testator added words "to the heirs of the body of my said daughter and for default of such issue" between the 30th and 31st lines and resigned the will on 31 January 1726 |