Northcote Will
WILL OF STAFFORD NORTHCOTE
This is the last will and testament of me Stafford Northcote formerly of John St Bedford Row in the County of Middlesex and of Saint Pauls Churchyard in the city of London but now residing at Amwell Grove in the County of Herts and carrying on business at No 96 Watling Street in the said City of London a Warehouseman. I nominate and appoint my wife Emma Ward Northcote, Charles Mason Freeman ( Emma's brother} of Sea Mills? near Bristol in the County of Gloucester Gentleman and my son Stafford Henry Northcote to be the Executrix and Executors and trustees of this my will and I direct that my body shall be buried at the burial grounds of the Highgate?[Northgate?] Cemetery Company in the same vault in which my late wife was interred and that the ? cost of my funeral shall be entirely at the discretion of my said Executrix and Executors and I direct that all my just debts and my funeral and testamentary expenses all be paid by my said Executrix and Executors as soon as conveniently may be after my decease and especially that they shall in the first part pay so much of a debt of five hundred pounds now owing by me to Miss Jane Beauchamp my late wife’s sister as shall be owing at the time of my decease and in the next part shall pay and discharge all monies in which I shall at the time of my decease be indebted unto my brother in law Charles Mason Freeman and in the next part shall pay and discharge unto the Trustees for the time being of and under the Indenture of settlement made previously to my marriage with my said present wife so much of the sum of One thousand five hundred pounds which I have by such Indenture ? to pay to the trustees thereof as shall remain owing by me at the time of my decease. And it is my will that the amount secured by or payable by virtue of a policy of assurance on my life in the Amirable[?] Assurance Company in Servants lane Fleet Street or other the amount of my interest in the said company shall immediately on my decease be appropriated first in payment of the said debt to the said Jane Beauchamp or so far as the same will extend and the surplus [if any] in discharge of any debt owing to the said Charles Mason freeman or so far as the same will extend and the then surplus [if any] on or toward satisfaction of the said debt owing to the trustees of my said marriage settlement. And I give and bequest all my wine household furniture plate linen china glass jewellery ornaments of the person books pictures prints horses carriages manuscripts ? and articles of a similar nature of which I shall be possessed at the time of my decease unto my said wife absolutely. And I give unto the persons hereinafter named the following ? that is to say unto Henry Stafford Gustard the child of my late daughter Eliza Gustard the sum of five hundred pounds sterling and I give to my son Stafford Henry Northcote the legacy or sum of two thousand five hundred pounds to my daughter Sarah the wife of Mr Edward Green of Exeter one thousand pounds sterling having already settled five hundred poundson her upon her marriage for her benefit. To my son Augustus Northcote I give the sum of Two thousand five hundred pounds. To my son Hugh the sum of One thousand five hundred pounds To my son Francis the sum of one thousand five hundred pounds to my son Gilbert Charles the sum of two thousand pounds. To my son William Frederick the sum of one thousand five hundred pounds. To my son Alfred Phillip the sum of one thousand five hundred pounds subject nevertheless to the trusts and provisions for the investment and payment thereof by such installments as are herein after contained and in case any out or more of my said children shall die in my lifetime and shall have issue who shall be living at my decease and who shall have attained or may attain the age of twentyone years then I give the said legacy to which each of my said children ? ? if living at my decease would have been entitled to as aforesaid unto and between his or her child or children living to attain the age of twenty one years equally and if but one child then to ? only ? and in ? any or either of my said children shall die in my lifetime without leaving issue or in ? of any of my said children dying in my lifetime leaving issue who shall not live to attain the age of twenty one years then I give and bevist the ? or ? so ? to my said children and their issue respectively unto and equally between my surviving children or ? and their or his issue in manner aforesaid provided always and I hereby direct that my said Trustees or the survivor of them or the executors or administrators of such survivor shall on ? thereof lay out and invest the said ? or sums of One thousand five hundred pounds and one thousand five hundred pounds and five hundred pounds so given respectively to the said William Frederick Northcote, Alfred Phillip Northcote and Henry Stafford Gustard as aforesaid and also the legacies or sums of money to ? the issue of any of my said children who shall have died in my lifetime leaving issue shall be presumptively and not absolutely entitled in the names of my said trustees or in the names or name of the survivors or survivor of them or of the executors or administrators of such survivor in the purchase of ? or out of the Parliamentary stocks or funds of great Britain or upon Government coal or leasehold securties ? having less to ? than sixty years in England or Wales with full power at any time to alter and vary the same securities stocks or funds as often as the trustees or trustee for the time being of this ? shall think fit and shall stand possessed of the said several legacies sums of money or the stocks and funds or securities in or upon which the same may at any time or invested upon the trusts following that is to say as to the said legacies or sums of one thousand five hundred pounds ? so given to the said William Frederick Northcote and Alfred Phillip Northcote respectively during their respective lives and after their decease upon trust to ? possessed of the said legacies or sums of money and the stocks funds and securities in or upon which the same may be invested subject to the power of advancement accrual [or contained and any ? thereof] the benefit of all and every child and children of the said William Frederick Northcote and Alfred Phillip Northcote who shall live to attain the age of twenty one years and in case the said William Frederick Northcote and Alfred Phillip Northcote should die without leaving any child or children who should live to attain the age of Twenty one years thou give the said legacies and the funds or securities in or upon which the same may be invested or such part thereof shall not have been advanced to them or either of under the power for that purpose accrual after contained[?] unto and between my other children and their issue as hereinbefore mentioned and ?? that my said trustees or other the trustees or trustee for the time being of this my will shall mas soon as convenient after my decease lay out and invest the legacy given to the said Henry Stafford Gustard and also the legacy or legacies to which the child or children of any of any of my said children who shall have died in my lifetime leaving issue shall be presumptively and not absolutely entitled in the names of my said trustees or in the names or name of that survivor of them or the executors or administrators of such survivor in the purchase of some or out of the parliamentary stocks or public funds of the United Kingdom or at interest upon Government or real or leasehold securities in England or Wales as aforesaid and they she or he shall be at liberty from time to time to alter and vary the same stocks funds or securities so often as to then him or her shall appear advisable and shall pay and apply the whole or such part as they she or he shall think fit of the interest dividends and annual proceeds of such share or respective shares of my said estate and of the stocks funds or securities in or upon which the same shall for the time being be invested in or towards the maintenance and ?ation of the said Henry Stafford Gustard and the issue of such of my said children as may die in my lifetime leaving issue as aforesaid until his or her or their respective share or shares shall become ? or he she or they shall previously fit and the surplus[if any] of such interest dividends and annual proceeds shall be laid out and invested in manner aforesaid and such layings out and investments shall be repeated so that the savings of the interest dividends or annual proceeds of the expectant share of ? of my said grandchildren and the resulting increase thereof shall accumulate in the way of compound interest with the like power of altering and varying the stocks funds or securities on which such accumulations shall be laid out or invested and the stocks funds or securities on which such savings and accumulations shall be laid out or invested shall at the expiration of the period for which such accumulations are hereby directed be held in trust for the person or persons who under the provisions contained in this my will shall Ultimately become entitled to the share or shares from which the same shall have proceeded and arisen and be considered part thereof and it is my will and I direct that any interest or annual proceeds which shall arise or ? after my decease either under nay of the provisions in this my will or otherwise or in respect of the share or shares to which any of my said grandchildren shall be presumptively and not absolutely entitled as aforesaid shall in the meantime and from time to time until such share or respective shares shall or invested on the stocks funds or securities aforesaid held taken and applied in the same manner as the interest dividends and annual proceeds of such stocks funds or securities would be taken and applied if the same were actually purchased and acquired . And I hereby declare that it shall be lawful for my said trustees or other the trustees or trustee for the time being of this my will at their his or her absolute discretion to advance and pay to the said William Frederick Northcote and Alfred Phillip Northcote or either of them and all or any part of their said legacies respectively and also to advance and sum or sums of money not ? in the whole our half of the capital of the presumptive share or shares of the said henry Stafford Gustard or any issue of my said children who may die in my lifetime leaving issue in or towards the ? out or advancement in life or otherwise for the benefit of the said William Frederick Northcote Alfred Phillip Northcote henry Stafford Gustard or such ? as my said trustees or other the trustees for the time being of this my will shall think proper and I further declare that all and every the gift legacy or bequest hereby given or which may arrive? To any female or females under this my will shall be to and for their and ? opf their own sole and separate use and benefit independent of the debts control or arrangements of her or their then present or any future husband or husbands and her or their receilt or recielts shall alone be a good ? for the same. And it is my will and I hereby declare that if my said wife the said Charles Mason Freeman and the said Stafford Henry Northcote or wither of them or any other of the trustees to be appointed as hereinafter ? shall be desire to be discharged from or shall refuse ? or become bankrupt or insolvent or incapable or unfit to act in the execution of the said trusts and powers hereinbefore contained or shall go to reside beyond seas before the same trusts and powers shall have been full performed then and in any or either of such cases and so often as the same shall happen it shall be lawful for the surviving or continuing or other trustees or trustee for the time being or the acting legal personal representatives for the time being of the last surviving or continuing trustee or in the event of the retirement of all the trustees or of the only trustee for the time being then for sure[?] retiring trustees or trustee by any deed or writing under their her or his hands or hand to be duly attested to appoint and other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so ? or desirous to be dis? Or refusing ? or becoming bankrupt insolvent or incapable or unfit to act or going to reside beyond seas and that thereupon all the then trust estate stocks funds and securities shall be conveyed transferred and assured in such manner as to become essentially vested in the newly appointed trustee or trustees jointly with ? of the former trustees as shall continue to act or in case there shall be no continuing trustee ? in? now such new trustee only only the trusts and subject to the powers hereinbefore declared concerning the same respectively or some of them as shall be then subsisting and capable of taking effect. And it is my will that every such new trustee shall in all things act in the execution of the trusts and powers herein contained as essentially as if he had been originally named in and appointed by this my will and whereas I have admitted my said sons Stafford Henry Northcote and Augustus Northcote into copartnership with me in my aforesaid Business now carried on in my leasehold premises No 96 Watling Street aforesaid and ? surrendered and gave up to them seven sixteenths of my share in the gains and profits of the said Copartnership but not in the Capital or stock in ? thereof. Now I declare that it is my earnest wish and desire that if my son Gilbert Charles Northcote shall not be admitted a partner in my said ? in my lifetime then I direct in case ? said Gilbert Charles Northcote shall desire to be admitted a partner in my said Business that he shall become and that the said Stafford Henry Northcote and Augustus Northcote shall under the penalty of forfeiting their respective interests under this my will in the event of their refusing to admit the said Gilbert Charles Northcote as a partner in the said business immediately upon my decease admit the said Gilbert Charles Northcote to be a partner with them to the extent of four sixteenth parts or shares in the aforesaid business and of and in the gains and profits thereof. And I give the remaining three sixteenths parts or shares of my share and interest in the said business to my said partners Stafford henry and Augustus Northcote to be divided equally between them and I give and bequeath my aforesaid leasehold premises at No 96 Watling Street aforesaid and all my estate and interest therein [but not including the fixtures or fittings in or about the said premises] unto the said Stafford henry Augustus and Gilbert Charles Northcote their executors administrators and assigns equally as joint tenants and in case either of them the said Stafford Henry Northcote Augustus Northcote or Gilbert Charles Northcote shall die during my lifetime then I give and bequeath the same leasehold premises unto the survivors or survivor of them their or his executors administrators and assigns absolutely provided always and I direct the said Stafford Henry Northcote Augustus Northcote and Gilbert Charles Northcote or in case of the decease of either of them during my lifetime then that the survivors or survivor of them shall within three calendar months after my decease at their or his own costs make and ? into their or his Joint? And several ? in the ? sum of one thousand pounds to my said Executrix and Executors to indemnify them from all the ? contained in the least? Which the same leasehold premises are ? until the termination of the term by such lease granted and from all? Of such covenants during my lifetime or after my decease.And it is my will that not withstandingany of the bequests or provisions hereinbefore made my said Executrix Executors and Trustees shall not call in or require payment of my share of and in the capital gains and profits of my said ? except at the times and in manner hereinafter described [that is to say] I direct that immediately upon my decease or as soon after as conveniently can be an account shall be taken of the capital stock in ? and gains and profits of my said ? whosoever shall be a partner or partners with me at the time of my decease on the day of my decease including a valuation of the debts owing to me qnd my partner or partners in respect thereofat the time of my decease and the person or persons who shall so then or in partnership with me shall be at liberty to pay the amount appearing on such account to be sent to me by the instalments following [that is to say] so ? thereof shall be equal in amount to the amount then owing by me for the aforesaid sum of four thousand five hundred pounds ? to the trustees of my Marriage Settlement within twelve calendar months from the day of my decease together with one fourth part of the amount of my estate[?] and interest in the business as aforesaid.One other fourth part within two years of my decease. One other fourth part within three years of my decease and the remaining fourth part thereof within four years from the day of my decease with interest on all such sums until payment at the rate of four pounds per ? per annum such interest to be in the mean time payable quarterly and to ? from the time of my decease and my said partner or partners shall so sonnas the amount of my said share shall be ascertained make and execute his ? or of three or more than one their joint[?] and several ? for payment thereof to my said Executrix and executors at the times and in manner aforesaid and then and in such case my said Executrix and executors shall not be entitled to any claim in respect of the gains and profits of the said lease[?] which shall ? after my decease. Provided also that if any of my said sons shall be a partner or partners with me at the time of my decease then after payment of so much of the foresaid sum of four thousand five hundred pounds as shall be owing at the time of my decease he or they respectively shall be entitled to deduct and retain out of my said share and interest in the said ? previous to the giving of such ? his or their respective share or shares thereof as a legatee or legatees under this my will Provided further that if my said son Gilbert Charles Northcote shall be admitted as a partner in the said ? with the said Stafford Henry and Gustavus { ?? means Augustus??} Northcote according to my wish and direction herein before expressed he shall join and ? in such ? so to be given as last aforesaid and shall be also entitled as a legatee under this my Will to deduct and retain his proportion of my share in the said trade[?] after such payment thereout as aforesaid provided always. And I further declare that notwithstanding any direction to the contrary or otherwise hereinbefore contained it is my will that if my said Executrix and Executors shall in the exercise of their her or his absolute discretion think proper if shall be lawful for them her or him to revisit[?] the last Settlement of accounts which shall have been adjusted[?] and signed ? and by myself and my partner or partners for the time being as final and ? evidence of the amount of my share in the said trade[?] at the time of my decease and to accept the amount thereof at the time and secured in manner aforesaid in full satisfaction of my share and interest ? and that without taking into account whether any gains and profits have been made therein from the date of such last settled amount provided that in such case the interest to be payable as aforesaid shall be calculated from the date of such last settled amount ? of from the date of my decease and provided that in case I shall subsequently to the date hereof have brought into or advanced to the said ? or drawn[?] out. Therefrom any sum or sums of money the amount thereof shall be added to or deducted from the amount appearing due to me by such amount and interest or such last ,mentioned sum or respective sums shall be calculated from the day or respective days on which the same shall have been so brought in or advanced or drawn out and I hereby authorise and empower my said Executrix and Executors to compound[?] for or sumit to arbitration or otherwise settle and adjust all amounts reckonings and disputes which shall or may at my decease be open unsettled or subsisting between me and any persons and especially all accounts and questions between myself and the person or persons who shall be a partner or partners with me at the time of my decease relating to such partnership and my interest in the Capital stock in trade and gains and profits thereof in such manner as they she or he shall think proper and for that purpose to employ or appoint such valuers accountants arbitrators or umpire as they she or he shall think fit. And I further declare that it is my will that my said Executrix and Executors and the trustees or trustee for the time being appointed under the provision for that purpose hereinfor contained shall be ? only with so much money as they respectively shall actually receive by virtue of this my will notwithstanding ? ? in receipts or other acts for the sake of conformity only and that any one or more of them shall not be answerable for the other or others of them but each for her and his own acts receipts and defaults only nor shall they or any or either of them be accountable for any Banker Broker or other person with whom or in whose hands any part of my estate shall be ? for investment or safe custody not for the insufficiency or deficiency of any securities on which any part of my estate or ? Legacies hereby given shall be invested or ? out at interest nor for any loss which may arise from giving ? to the person or persons who shall be a partner or partners with me at the time of my decease for the amount of my share and interest in the copartnership concern or any part thereof nor for any other loss misfortune or damage which shall or may happen in or be consequent upon the execution of any of the trusts powers authorities or provisions herein contained unless the same shall happen by or through their her or his own wilful default respectively and also that they shall and may be out of monies which shall come to their or any of their hands by virtue of this my will reimburse themselves and allow to their her or his Executor or CoExecutors or Co trustee or co trustees all losses costs damages and expenses which they shall respectively sustain or be put unto in the execution or in consequence of the trusts powers and provisions herein contained or any of them. And lastly I give devise and bequeath ALL THE REST AND RESIDUE AND REMAINDER OF MY ESTATE AND EFFECTS whatsoever and wheresoever not hereby bequeathed or disposed of unto my said wife to and for her own sole and separate use and benefit and thereby revoking all former and other wills by me at any time heretofore made. I do declare this to be my last Will and testament in witness whereof I have hereunto set my hand this fifteenth day of January one thousand eight hundred and fifty three. [Signed] STAFFORD NORTHCOTE SIGNED BY THE SAID Stafford Northcote the testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses [the alteration to which we have affixed our initials having been previously made therein. WILLIAM JOHN BOWDEN OF WARE? THOMAS RICHARD KNOWLDEN[?] Servant to Mr Northcote.
PROVED at London the 25th may 1854 before the worshipful William Robinson Doctor of Laws and Surrogate by the oaths of Emma Ward Northcote widow the relict Charles Mason Freeman and Stafford Henry Northcote the son the Executors to whom admon was granted having been first sworn duly to administer.