| Description | Whereby he has devised realty to John Duke of Argyle and Greenwich, the Marchioness Dowager of Annandale, (his daughter), Simon Michell Esq. and Robert Holford Esq., Master in Chancery, and their heirs, upon several trusts
Now he orders that they and their heirs shall out of the annual profits of the estates devised to them (other than the Berkshire estates) pay to testators wife Temperance a £150 annuity free from taxes and deductions, for her life by quarterly payments, on condition that she, within 40 days of his death, makes a good and sufficient release in law of her right, title and claim of dower and thirds to all the
:bnds and hereditaments of which he is seised, in default of which the annuity is not to be paid
Trustees to pay out of rest of profits of realty, debts and pecuniary legacies
After one year from his death, if Temperance has given such release, also to apply out of annual profits of realty any sum not exceeding £150 p.a. for discharge of several principal sums, but not the interest, which she had borrowed without testators consent which she esteems to be honorary debts from her tho I am in no sort chargeable with or lyable to pay the same Should any person refuse to give a full and general discharge of all demands to Temperance or commence any action against her or trustees for any of her debts contracted in testators lifetime, every such person to have no benefit or advantage in law or equity by the provision hereby intended for him or them and in order to prevent all imposition of pretended creditors, testator will make a schedule of the sums of each of the creditors that came to his knowledge during his life no other debts to be paid. After all such payments of creditors, trustees to pay to Temperance a further yearly sum of £20 free from all taxes and deductions In case she is not satisfied with what testator appoints for her, and commences any suit against trustees for her thirds, she and her creditors will be barred from what he leaves her.
Orders trustees, out of rents and profits of realty (excluding Berkshire estates) to pay:
To cosen John Spelman £20, to be employed in education of his eldest sons
To friend John Moyser of Beverly, a legacy of £50, believing he will be more than that out of pocket in his transactions for testator
To Mr David Balfour, his daughter Charlottes gentleman, who has shown an uncommon diligence, fidelity and honesty in his ladys unhappy concerns, £20 legacy, and wishes his appointment to attend testators grandchildren Lord George and Lord John Johnstone
As John Crouch, testators servant, has lived with him a long time and has been a faithful servant, wishes he could be continued and received into testators daughters family in some post where he did not have to wear livery, and leaves him an annuity of £6
To Elizabeth Wood, his housekeeper £6 annuity
To Mary Wise former servant, and now in years £3 annuity
To Henry Head, servant, though a little ruff in his nature, and now in years and hoping he will see his past errors £3 annuity
To John Ashmore, his coachman £3 annuity during lives of him and his wife
Recommends Henry Head to his daughter having always found him honest and diligent and fond of grandchildren
To rest of servants living with testator at death, 1/2 a years wages over and above what is due to them
If testators daughter the Marchioness is content to live in testators house in Pall Mall with his grandchildren until
they be of age, desires she may have it, repairing it and paying taxes, the furniture remaining there or sent down to
Hackness, where there is also some furniture, a chest of new linen, another of quilt and plunckets all new, besides
small parcels of plate, cups, spoons and salts, which house and gardens Charlotte is also to have and use if she pleases,
keeping it in repair and leaving someone to look after it
Gives to daughter furniture in his own house excepting plate, money, jewels, bonds
Also gives her tortoiseshell cabinet with its contents which is in his closet, but all evidences of his estate, real or personal, to be inventoried and left with trustees and executors
Directs that the goods and plate he bought from his daughter as executrix to her lord be sold and money to be used as the
rest of personalty
Desires that the pearl necklace, diamond ring, sapphire ring, his mothers picture set in gold done by Cooper in miniature, Cousin Spelmans picture done by Sir Peter Lilly [Lely] and the rest of the family pictures may attend the family, especially the silverhilted sword of King Henry VIII with which the King knighted the first of the Vanden Bempdes who came over to England and brought £20,000 with them, and whose son married a maid of Honour to Queen Elizabeth, who gave her the pearl necklace and a diamond locket of which the middle stone of testators diamond ring is one, the rest being converted into the diamond buckle now in the custody of Sir Isaac Rabow; and also, given by the Queen, an ancient manuscript, Annotations on Ecclesiasticus, bound in purple velvet with silver double gilt bosses, coats and crests of arms which must not be parted with
To Lord George Johnstone, his fathers gold repeating watch, his gold and agate snuff box, the large pair of gold buckles,
his fathers agate buttons
To Lord John Johnstone, testators silver watch, his fathers gold-headed cane, testators diamond buttons and diamond buckle for the hat
As concerns the jewel belonging to the order of St. Andrew, leaves it to discretion of Trustees and executors, either to dispose of it or put out the money at interest against the time when either of the grandsons should be honoured with the order of the Thistle, or to keep it for that purpose
Signed: John Vanden Bempde
Witnessed: Paul Boyer, Philip Vincent, David Balfour, John Crouch
Interlineations witnessed by Jonathan Jackson, apothecary in Pall Mall, William Harrison and Richard Shippard - his servants |