| Description | [Two parchment copies and two paper copies]
Makes this second will for the purpose of settling and securing in her family and descendants the real and trust estates of John Vanden Bempde her late father deceased, and not with any intent to revoke two former wills; one for disposing her own personal estate and the other for the better execution of the trusts specified in her late fathers will, which she ratifies and confirms
Recites her will dated 2 May 1754
Declares now that the recited will was not intended to be a disposition of or to affect any equitable interest she then had in the premises thereby devised in her own right for her own use and benefit, but merely to vest the trust estates in Charles Yorke, William Belasyse, Timothy Carr and Joseph Godfrey as trustees for better execution of her fathers will
Now, concerning her own proper interest in the said trust estates of her father, she devises same as follows:
To Rev Sir Peter Rivers of St Martin in the Fields, Middlesex, Bt, William Ashurst of the Inner Temple and Richard Froome of London, merchant, their heirs and assigns
all her reversion in fee simple and all right and claim to lands in Yorkshire, Berkshire, Kent, Middlesex and Lincoln
devised in will of her father
and all other lands to be purchased by the £36,503 15s 3d and lands to which she is entitled to out of her father's realty
and personalty in her own right and not as executor and trustee
Habendum to trustees, upon trusts:
To demise parts of the premises for 500 year terms for providing portions for benefit of her youngest son and daughter. After death of said youngest son, trustees to convey the trust estate to use of her eldest son Richard Bempde Johnstone, by Col. John Johnstone her late husband for his life without impeachment of waste, with limitation to preserve contingent remainders, and so continuing in tail male, and for want of such issue to her youngest son Charles Johnstone for his life, in tail male. Trustees to empower Richard and Charles, when they may be in actual possession of estates, to make the jointures for any wives not exceeding £80 p.a. for every £1000 in sterling over land which they may receive and not exceeding in the whole a yearly sum of £1000, chargeable on the trust estate...
And a further power to sons Richard and Charles, when they are in possession of trust estates, to charge part of same with money not exceeding £10,000 for the portions of daughters and younger sons. For default of issue male, subject to the 500 years term and trusts thereof and to jointures of their wives
and after payments above directs trustees to assure trust estate to use of her only daughter Charlotta Henrietta Johnstone and her assigns, for her life and her heirs male, and in tail male
Provision for portions of Charlottas daughters and younger sons not exceeding £10,000 Power of person in possession of trust estates to grant leases for terms not exceeding 21 years
Trustees to have power to sell or mortgage the trust estate or part thereof and out of rents and profits until such sale, raise after death of her son the Marquess of Annandale, £20,000 and divide the same between Charles and Charlotte equally as an augmentation of their portions... and shares of one of the two so dying before death of the Marquess to their children similarly
Trustees to settle debts of her late husband Col. Johnstone (apart from debts in Ireland which she may specify in a codicil but which she is unalie to do now)
Trustees not to be accountable for any loss in the trust estates
Signed: C Annandale
Witnessed: Fenton Robinson, J Cartwright, John Sandys |