| Description | Revokes former wills and settlements
Devises manors, messuages, lands, tenements, feefarm rents, shares in the New River Water and other realty in Yorkshire, Berkshire, Kent, Middlesex and Lincoln, to The Most Noble John Duke of Argyle and Greenwich
The Most Hon the Marchioness Dowager of Annandale, his daughter Simon Mitchell of Clerkenwell, Middlesex Robert Holford Esq. one of the Masters in Chancery: upon trusts:
Out of annual profits to pay the Marchioness his daughter for her life, £300 p.a., not subject to power or debts of any husband she may marry
To pay also to testators grandchildren, Charlottes two sons, George and John, allowances for their subsistence and education as trustees think fit, not exceeding £100 p.a. each up to 12 years of age, not exceeding £150 p.a. each up to age 18 and from age 18 to 23 not exceeding £250 p.a. Should one son die, the survivor to receive £100 more. After bOth grandchildren have reached the age of 23, trustees to settle and assure realty in Yorkshire, Kent, Middlesex, and Lincoln, and the New River Company shares (excepting Berkshire estates) subject to provisions hereby made for the Marchioness and maintenance etc. of her children, upon which ever of the grandsons George and John shall prove most worthy and free from vices of lewdness, swearing, drinking and most likely by his dilegence and sobriety to preserve testators estate after strict enquiry and naminations by trustees and their mother, no regard to be paid to seniority
Habendum to said son for life without impeachment of waste with remainders to trustees and heirs to support contingent uses, and from said sons death, to such of the sons of George or John as should be nominated by them and the Wife whom said son may marry and trustees of that marriage and in tail male, it being testators desire that no idiot, lunatic or vicious or debauched person should take the estate And for default of such issue, to any of the sons of testators daughter that should be nominated by any husband she may marry, being a gentleman born in England and having £1200 p.a. real estate clear of all debts and incumbrances to settle on the children of that marriage, and desiring that she marries with consent of trustees, with proper settlements made she not deceived by which she will loose the benefit of my settlement, upon her children and the heirs male of the body of such son.... whom failing upon daughters etc. Such settlement to contain power for George or John to make jointures for any future wives not exceeding £100 p.a. in land for every £1000
In case of death of all the sons of the late Marquess of Annandale, late father of testators grandsons, by his first wife, without issue male and the honour should descend to testators eldest grandson George before he is 23, then recommends trustees to assist George in procuring an Act of Parliament to entail testators estate in the above mentioned counties so that they may be enjoyed with the honour.... power to make portions or jointures... and to make leases...
Trustees to settle and assure Berkshire estates on such of his grandsons George and John as shall not take testators other estates and his heirs in tail male Power to make jointures etc. by said son
Should testator be deprived of all issue, trustees have power to assure all premises to such charitable or public uses as he may direct by codicil and for default of such appointment to heirs of his daughter
Rents of profits of realty not herein disposed of to be used by trustees to increase testators real estate by purchase of lands and tenements to be settled as above (not as the Berkshire estates)
Trustees to refuse their consent to any marriage of Charlotte which they consider not to be a fit match
Devises all persons enjoying his said estates by virtue of the will to use the name and arms of Vanden Bempde and endeavour to obtain an Act of Parliament for that purpose and in case of refusal, the trusts above specified to be null and void and the estates to descend to person next in remainder as if the person so neglecting to obtain an Act was dead Power to make leases by person in possession for terms not exceeding 21 years
To daughter Charlotte £100 for mourning. To trustees and executors £10 each to buy mourning. Appoints reasonable mourning for all household servants
Executors to be John Duke of Argyle, Charlotte Marchioness of Annandale, Robert Holford and Simon Michell. Should the Duke of Argyle renounce executorship or die, appoints Thomas Ashurst of Ashurst to succeed him; should H Holford renounce executorship or die, appoints Ellerker Bradshaw of Rasby to succeed him; likewise in place of the Marchioness, Timothy Carr, Esq., Captain in Lord Cobhams Regiment, no more than four at any time to be acting and to take on the burthern of executorship in course and order as named, the same executors acting also as trustees of realty. Power to convey to new trustees by surviving trustees when they are only two remaining To each of executors and trustees, on taking on the executorship etc., £25 p.a
If trustees approve, desires Mr Henry Deane of Reading, attorney at law, to be appointed Receiver and Manager of estates in Berkshire and Mr. Joseph Dickinson of Ellmshall, testators Yorkshire steward, to be appointed Receiver and Manager of those estates, Joseph Dickenson once every two years and Henry Deane every year accounting to trustees, with salary of £30 p.a. to Joseph Dickenson plus travelling expenses of £8 every two years, and for any other Receiver of Manager £30 p.a. and £8 travelling expenses every two years and what executors may think fit to any other Receiver and Manager of Berkshire or Kent estates
Testator is possessed of South Sea Company Stock, which, with other stock, is to be sold and with rents and profits of realty laid out in purchase of lands of inheritance to be settled to trusts as above, the lands to be as near to testators Yorkshire estates as possible or near to his Kent and Berkshire estates. Until such purchases are made, money to be placed out at interest
Trustees not be accountable for any losses.... Once in every four years, they are to make up true accounts of the trusts
Will made 8 March 1726
Codicil
Directs trustees and survivor and heirs, out of annual profits (excepting out of Berkshire estates) to pay to testators wife Temperance a £150 annuity, she giving trustees a release in law of her right and title and claim to dower and thirds and in default of same, annuity to cease And also out of same, trustees to pay debts and pecuniary legacies
Trustees also, after Temperance has given such release, to pay sums not exceeding £150 p.a. for the discharging of money Temperance had borrowed without his consent. Should any of these creditors refuse to give a full discharge to her or commence any action in law, for any debt made in testators lifetime, said creditors to have no benefit of this clause, and to prevent all pretended creditors, he attaches schedule of said true and just debts
From payment of said debts, trustees to pay Temperance a further yearly sum of £20. Should she not be satisfied and commence any suit, she is to be debarred from what testator leaves her
To cousin John Spelman annuity of £20 to be used for his eldest sons education. To friend John Noyser of Beverley a £50 legacy. To David Balfour, the Narchionesss gentleman, who has shown diligence and honesty £20 legacy: and wishes his appointment to attend testators grandchildren George and John Johnstone
To testators servant John Crouch a £6 annuity and desires he be found some place in his daughters household where he did not have to wear livery. To Mary Wise a former servant a £3 annuity. To Henry Head a servant, though a little rough £3 annuity. To John Ashmore coachman £3 annuity during life of himself and wife. Recommends Henry Head to daughter. To rest of servants living with testator at his death a half years wages above what is owing to them
If Charlotte is willing to live in the Pall Mall house with his grandchildren until they are of age, she is to have the house, repairing the same and vying the taxes. What furniture there is to remain or to be sent to Hackness where there is also furniture, a chest of new linen, another of quilts and blankets, and some plate, cups, spoons and salts, which house and gardens his daughter may have, keeping it in repair and keeping some one there to look after it
To daughter also furniture out of his own house excepting plate, money, jewels, bonds
Also to her tortoiseshell cabinet and contents
All evidences concerning estate to be inventoried and left in custody of trustees for benefit of the trust
Desires the goods and plate he purchased from his daughter as executrix of her lord, to be sold by auction and employed as the rest of the personalty, but desires the pearl necklace, diamond ring, sapphire ring, his mothers picture set in gold, by Cooper in miniature, cousin Spelmans picture by Peter Lilly and the rest of the family pictures to attend the family, especially the silverhilted sword of King Henry VIII with which the King knighted the first of the Vanden Bemrdes that came over to England with £20,000 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 in testators diamond ring is one, and the rest were converted into the diamond buckle now in the custody of Sir Isaac Rebow, and also given by the Queen an ancient manuscript being annotations on Ecclesiasticus, bound in purple velvet with silver double gilt bosses and coats and crest of arms which testator orders must not be parted with
To Lord George Johnstone, testators silver watch, his fathers goldheaded cane, testators diamond buttons and diamond buckle for a hat; as concerns the jewel belonging to the order of St. Andrew, leaves it to the discretion of trustees, either to dispose of it and put out the money at interest against the time that either of his grandsons may be honoured with the Order of the Thistle or to keep the same for that purpose
To the Rev Dr Clarke, Rector of St. Jamess, Westminster, five guineas
To Mr. Richard Gee of Orpington, Kent, testators sword inlaid with gold
All bonds and notes of testators signed by any of the Spelmans
to be delivered up and cancelled
Desires he may be buried near his father in parish church of St. Jamess, with not more than four coaches with six horses to each, besides the hearse
To William Ashmore, son of coachman John Ashmore, after his fathers death, £3 p.a. for his life
Date of codicil 8 March 1826
List of creditors of wife Temperance: (she to have benefit of any creditor so listed who has been paid)
To executor of Lord Allington £100
John Knight £200
To John Knight on his uncle's account £100
Cousin Martin £80 remaining due
Cousin Berkley of Speckley £70
Alderman Child and Company £55
Sir James Tilly's heir £40
Mr Dean or to Cousin Anderson "I know not which" £30
my Lady Dalrimple left unpaid £20
Mr Beesland, an attorney, £25
Sir John Cheshire £20
Sir Hans Sloane £20
Lady Foster £10
Lady Copley now Bamfield £10
Mr John Ellis £10
Monsieur Boyer £25 lent Lady Wrottesley £13, remaining £12
Total £802...being informed of no others...only provides for the above...to be paid the original sum but not any interest, "though neither law nor conscience obliges" him to do so being lent without his knowledge and against his will, all sums under £20 to be paid at once and all sums under £100 paid by two portions, and the rest in proportion, so that the sum does not exceed £150 p.a in any one year
Schedule made 12 April 1724
Date of will 8 March 1726
Probate of the will 26 May 1792 |