I obtained the copy of the Will from the PRO website, and with the help
from others, especially Helen "Little Nell", have managed to put this masterpiece
into a form where it is readable and available for all. It is a fair old
size, comprising 5 pages of Will, and a further 12 codicils, all written
in 19th Georgian handwriting. I have highlighted particular names and places
in the hope that anyone reading this document might recognise any of them
and get in touch.
In the Name of God, Amen, I Richard Down of the City of
London, Banker, do make and publish this my last will and testament in
manner following that is to say in the first place I commend my soul to
the mercy of that gracious and Almighty Being who created me, humbly trusting
in the merits and me-diation of our blessed Lord and Saviour Jesus Christ
for the forgiveness of my sins, first I direct that all my just debts,
funeral and testamentary charges be paid by my executors, hereinafter named
as soon as conveniently may be after my decease and whereas provision to
my marriage with my dear wife Rose the daughter of above
esquire Henry Neale since deceased the sum of five thousand
pounds net to be paid by the said Henry Neale to the trustors named in
our marriage settlement in order to be laid out in government securities
in their names in trust to pay the dividends and interest thereof for my
life and after my death to pay the dividends and interest unto my said
wife for her life and after the death of the survivor of us their interest
to pay and divide the said sum of five thousand pounds to and amongst our
children in such manner as therein is mentioned and whereas the said sum
of five thou-sand pounds hath been laid out and invested in the purchase
of two hundred and twenty pounds a year Bank Long Annuities which said
stock now stands in the names of the trustors in the said settlement of
some of them/their upon the trusts thereof. I do hereby certify and confirm
my said marriage settle-ment and make clause and article therein confirmed
and in order to make up the said Bank Long Annuities to three hundred pounds
per annum it is my intention to purchase the sum of seventy pounds per
annum of the said Bank Long Annuities in my sons name for the purpose hereinafter
mentioned but in case I should not have purchased the same in my life time
then I direct my executors to purchase by & out of my personal estate
the said sum of seventy pounds per annum Bank Long Annuities and I give
the same to my executor upon the following trusts that is to say upon trust
to pay to authorise & empower my said wife to receive the said sum
of seventy pounds per annum Bank Long Annuities in addition to the said
two hundred and thirty pounds per annum Bank Long Annuities for & during
the term of her natural life & from & immediately after the decease
of my said wife to I will and direct that the said capital sum of seventy
pounds per annum Bank Long Annuities shall be paid and divided together
with the said two hundred and thirty pounds per annum Bank Long Annuities
into & amongst our children at such time or times & in such monies
as by the said marriage settlement is directed touching the said sum of
five thousand pounds or the stocks, funds & securities on which the
same is invested. I give and bequeath unto my said wife & her assigns
for & during the term of her natural life an annuity or her yearly
rent charge of two hundred pounds of lawful money of Great Britain to be
issuing & payable out of & charged & chargeable upon my messuage
or tenement farm and lands called Coppetts Farm situate &
being at Colney Hatch in the Parish of Friern Barnet in the county
of Middx. now on lease to Samuel Moulton at &
under the yearly rent of two hundred and fifty pounds also I give and bequeath
to my said wife & her assigns for & during her natural life or
until she shall marry again our other annuity or their yearly rent charge
of one hundred and fifty pounds of like lawful money to issuing and payable
out of & charged & chargeable upon my messuage or tenement out-houses,
offices & buildings & about twelve acres of land thereto belonging
situate of Colney Hatch aforesaid & now in my own occupation both the
said annuities or rent charges to be paid & payable to my said wife
by equal half yearly payments on the twenty fifth day of March & twenty
ninth day of September in every year. The first payment thereof to begin
and be made on such of the said days as shall first happen after my decease
with the usual powers of distress & entry in case of non payment of
the said annuities or either of them or any part thereof respectively.
Also I give & devise unto my said wife for her life or until she marry
again the use of the said messuage or tenement at Colney Hatch now
in my own occupation with the garden, out offices and buildings & land
thereunto belonging messuage keeping the same in good & demonstrable
repair & also the use of all the household furni-ture, plate pictures,
pier glasses & other (surviving) household linen & china which
shall be in or above the same messuage or tenement at the time of my decease
an inventory of which furniture, plate pictures & china I direct to
be taken by my executors hereafter named with all convenient speed after
my death. Also I give & devise unto my said wife my messuage Garden
and Orchard with the malthouse thereunto belonging situate in the Parish
of Ware in the County of Hertford now on Lease to Thomas
Adams at the yearly rent of forty pounds & also my farm lands
& heredits called Noah’s Ark situate in the parishes
of Ware & Thundridge or one of them in the said County
of Hertford now on Lease to [space] Ruth widow at the at
the yearly rent of fifty pounds for the first five years of the term &
of sixty pounds for the remainder & also my messuage malthouse
farm & lands situate in or near the parish of Stevenage in the said
County of Hertford now on Lease to Thomas Stratton
at the yearly rent of sixty one pounds five shillings and also my twelve
acres of land or thereabouts situate in the said parish of Stevenage
& now in the occupation of the said Thomas Cass at the
yearly rent of twenty one pounds & also my messuage & one acre
of land held in the therewith situate in the said parish of Stevenage &
now in the occupation of the said Thomas Cass at the yearly rent of ten
pounds but about to be let on lease to a new tenant at the yearly rent
of sixteen pounds and also my messuage or tenement farm & lands called
Coltsfoot Farm situate in or near the parishes of Datchworth,
Welwyn & Tewyn in the said County of Hertford now on lease
to [space] Ffield widow at the yearly rent of one hundred
and fifty pounds & also the two woods or pieces of woodland now in
my own possession called Lowes wood and Bulls Wood containing
together thirty four acres and upwards situate in or near the said parish
of Datchworth & also my messuage or tenement and the farm & lands
therewith held together with the two pieces of common field land late in
the occupation of [space] Allison situate in or near
the said parishes of Datchworth & Welwyn and now about
to be let on lease to Thomas Page at the yearly rent of forty
five pounds & also my messuage or cottage & about eight acres of
Land therewith held situate in the said Parish of Datchworth & now
in the occupation of [space] Mardwell at the yearly rent
of eleven pounds & also my cottage & orchard & three
roods of Land or thereabouts situate in or near the same Parish
now in the occupation of George Brown at the yearly rent
of three pounds five shillings & also my ten acres of land or thereabouts
situate in or near the said Parish of Ware now in the occupation of [space]
Marlin/Martin widow at the yearly rent of eight pounds eight
shillings to hold all & singular the said premises with the appurts
unto my said wife Rose Down & her assigns for & during the term
of her natural life but not without impediment of waste also I give &
bequeath all the carriages, horses wines & other Liquors, Hay
Cattle, farming stock & implements of husbanding & all other effects
of every kind which at the time of my decease shall be in or about my said
messuage or tenement & premises at Colney Hatch now in my own occupation
(the household, furniture, plate pictures, pier glasses & other mirrors,
household linen & china therein only excepted, unto my said wife for
her absolute use, benefit & disposal. I also give to my said wife for
her present use the sum of five hundred pounds of lawful money of Great
Britain to be paid within one calendar month next after my decease. I also
give to her a Bond entered into by the trustees of Walton Turnpike
in the said County of Hertford for payment to use of three hundred
pounds & interest with all interest that shall be due thereon at the
time of my decease & I declare that the provisions which I have hereby
made for my said wife were & are so hereby made for & given to
her in addition to what she will become entitled to under our marriage
settlement & to the messuage Malting House farm & lands situate
in the parishes of Ware & Thundridge aforesaid now on lease
to Samuel Adams at the yearly rent of two hundred pounds
to which she is entitled for her life under the will of her Grandfather
Daniel Adams deceased all which together will make my said
wifes yearly income nearly one thousand three hundred pounds exclusively
of what their guardians hereinafter named may think proper to allow for
the maintenance & education of my youngest children during their minorities
& also upon condi-tion that she shall & do accept the same in lieu
& full satisfaction of & for all claims & demands which she
may have for her dower or thirds of in or to my real & personal estates
or any part thereof & that she shall release all such right of dower
& thirds, claims & demands which thereunto requested by my said
executors or any or either of them I give & devise unto my eldest son
John Down from & immediately after the demise of my said
wife all that my said messuage malting house & premises in the said
parish of Ware now on lease to the said Thomas Adams and
also my said farm and lands called Noahs Ark and also my
said two woods called Howes Wood and Bulls Wood and also
my said ten acres of land or thereabouts now in the occupation of [space]
Malin widow to hold onto & to the use of my said son
John Down his heirs & assigns for ever. I give & devise all that
my said messuage farms and lands called Coppetts Farm now on lease to the
said Samuel Moulton (subject to & charged & chargeable with the
payment of the said annuity or rent charge of two hundred pounds to my
said wife as aforesaid) unto my second son, Edward Down to
hold unto & to the use of my said son Edward Down his heirs and assigns
for ever & deeming my said son Edward Down from his situation in life
as proper to keep up the family Mansion and commissions I give & devise
unto him from & after the decease or second marriage of my said wife
which shall first happen, my said messuage or tene-ment gardens, our offices,
buildings & twelve acres of land at Colney Hatch now in my own occupa-tion
to hold unto & to the use of my said son Edward Down, his heirs &
assigns forever upon condition nevertheless that my said son his heirs
& assigns do & shall pay or cause to be paid unto my said wife
during her natural life or widowhood as the case may be the said Annuity
or rent charge of one hundred & fifty pounds hereinbefore charged on
the said premises for or towards keeping the buildings thereon in repair
& the land & gardens in good heart & condition & from &
after the death or second marriage of my said wife. I also give to my said
son Edward Down all the household furniture, plate pictures, pier glasses
& the other mirrors, household linen & china in my said house at
Colney Hatch & if my said wife shall think proper to withdraw her attentions
from her said family by marrying again then I direct that my said son Edward
shall thereupon or within one calendar month the next following take possession
of the said lease Land & premises at Colney Hatch with the furniture,
plate pictures, pier glasses & other mirrors, household linen and china
as described in the said inven-tory so to be taken as aforesaid & thereupon
the said Annuity or rent charge of one hundred & fifty pounds shall
cease & become expired I also give to my said son Edward Down all &
singular my household furniture, pictures, books, wines, liquors &
other effects which shall be in or about the house now occupied by me in
Bartholomew Lane at the time of my decease. I give &
direct unto my third son Henry Down & my fourth son Richard
Down from & immediately after the decease of my said wife all
& singular my said farm lands, messuage cottages & premises herein
before described situate in the parishes of Stevenage, Datchworth, Welwyn
& Tewyn to hold all & singular the said farm lands & premises
unto & to the use of my said two sons Henry Down & Richard Down,
their heirs & assigns for ever in equal shares & proportions as
tenants in common and not as joint tenants & in case either of my said
two sons shall die under the age of twenty one years of age without leaving
lawful issue of his body living at the time of his decease or born in due
time after then I give and de-vise the said farms, Lands & premises
unto & to the use of the survivor of them his heir & assigns for
ever & give & direct my one undivided third part or share of &
in the said house in Bartholomew Lane which share now stands valued in
the private Ledger of the Partnership in which I am now engaged of the
sum of about four thousand pounds unto & to the use of my said son
Edward Down, my partner Peter Free Esq, my nephew in law
Thomas Husband of Moorgate Street, London wholesale haberdasher
& my principal Clerk John Scott (who has acquired my
friendship & confidence by his long & faithful services) their
heirs & assigns in trust upon payment of such sum of money as the said
share shall be valued at in the said private ledger at the time of my decease
to convey & assure my said share & interest unto & to the use
of my surviving partners, their heirs & assigns or as they shall direct
but in case my surviving partners shall refuse to purchase the source of
the said valuation, then upon trust with all convenient speed to sell &
dispose of my said share & interest in the said house by public auction
or private contract for the best price that can reasonably be obtained
for the same & upon further trust to pay & apply the money which
shall be raised from my said surviving partners or which shall arise from
such sale or sales as aforesaid to such persons & in such manner as
hereinafter directed touching the residue of my said personal estate &
I declare & direct that the receipt & receipts of my said trustors
for the purchase price of my said share & interest in the said house
shall be good discharge to the purchaser or purchasers thereof & such
purchaser or purchasers shall not be liable to see to the application of
the said purchase, Monies or any part thereof not answerable nor accountable
for any misapplication or misapplications thereof. I also give to my said
son John Down, the sum of fifteen thousand pounds, three per cent Consolidated
Bank Annuities & also the sum of fifty pounds per Annum Bank Long Annuities
& if I should not be possessed of such sums in the said stocks at the
time of my decease then I direct that the said sums of or so much thereof
respectively as shall be nec-essary to make up the deficiency be purchased
by my said executors. I also give to my said son Ed-ward Down the sum of
five thousand pounds of lawful money of Great Britain To my said son Henry
Down the sum of eight thousand pounds of like lawful money, to my said
son Richard Down the like sum of eight thousand pounds, to my daughter
Rose Down the like sum of eight thousand pounds, to my daughter
Clara Down the sum of seven thousand five hundred pounds
of like lawful money, to my daughter Julia Down the sum of
seven thousand pounds of like lawful money, to my daughter Harriet
Down, the like sum of seven thousand pounds & I make
such differences as aforesaid in the Legacies given to my younger children
because on account of their respective ages, their legacies will accumu-late
or increase during their respective minorities & whereas I have already
given the sum of five thousand pounds sterling as a marriage portion to
both of my married daughters & am desirous of in-creasing the same
to the sum of eight thousand pounds sterling each. Now I give to my executors
hereinafter named the sum of three thousand pounds of like lawful money
in trust to invest the same in the purchase of Stock in the three per cent
Consolidate Bank Annuities & to stand possessed of such stock upon
the following trusts that is to say in trust to pay to or authorise &
empower my daughter Sarah Sheppard (now the wife of Thomas
Sheppard Esquire) to receive the dividends & interest thereof
during her natural life for her own separate & peculiar use & benefit
free from the debts, con-straints or intermeddling of her said present
or her future husband & her receipt alone (notwithstand-ing her Coverture
shall be a good discharge for the same & from & after the decease
of my said daughter Sarah Sheppard then in trust to transfer & pay
the said sum of three thousand pounds or the stocks or funds on which the
same shall be invested & the dividends then due thereon to such person
or persons in such shares or proportions, manner & form as she my said
daughter by any deed or writing in her life time or by her last will &
testament in writing or any codicil thereto to be worded & delivered
by her in the presence of & attested by two or more reliable witnesses
shall direct, give or appoint the same & for want of such direction,
gift or appointment then in trust to transfer & pay the same unto her
said husband Thomas Sheppard if he shall survive her & if not then
to & amongst all & every the child or children of my said daughter
by the said Thomas Sheppard equally to be divided between them if more
than one, share & share alike at such time or times & in such manner
as is directed in & by the marriage settlement of my said wife daughter
with respect to the portions or For-tunes thereby settled upon or provided
for the said child or children also I give & bequeath unto my said
executors the further sum of three thousand in pounds of like lawful money
upon such or the like trusts to & for the benefit of my daughter Mary
the wife of Cornelius Buller Esquire & her husband &
children as are herein before mentioned with respect to my said daughter
Sarah Sheppard, her husband & children. Also I give & bequeath
unto my said executors the further sum of three thousand pounds of like
lawful money upon such or the like trusts to & for the benefit of my
daughter Ann the wife of John Waite the younger Esquire
& her husband & children as are herein before mentioned
with respect to my two other married daughters, their husbands & children.
Also I give & bequeath unto my said executors the further sum of three
thousand pounds of like lawful money upon such or the like trusts to &
for the benefit of my daughter Emma the wife of the Revd.
William Money the younger & her husband & children as are
hereinbefore mentioned with respect to my three other married daughters,
their husbands & children. I direct unto the eldest child of each of
my said four married daughters the sum of one thousand pounds three per
cent Consolidated Bank Annuities to be transferred to his or her at the
time hereinafter mentioned that is to say to such eldest child as shall
be a son at his age of twenty one years & to such eldest child as shall
be a daughter at her age of twenty one years or day of mar-riage which
shall first happen & the dividends & interest thereof in the mean
time to accumulate for the benefit of such eldest children respectively
& I direct that the several legacies hereby given to such of my children
as shall be under age & unmarried as to my said daughters at the time
of my decease shall be laid out & invested by my executors in the purchase
of stock in the three per cent Consolidated Bank Annuities in their such
monies upon trust to pay & transfer the due proportion thereof to such
of my sons as shall be under the age of twenty one years at the time of
my decease as & when they shall respectively attain that age &
to such of my daughters as at the time of my decease shall be under the
age of twenty one years & unmarried at their respective ages of twenty
one years or day of marriage, which shall first happen, provided such marriage
shall be with the previous consent & ap-probation of their guardians
hereinafter named or the major or part of them & in the meantime I
authorise & empower my executors to pay & allow out of the dividends
or interest of the said stock so to be purchased such sum or sums of money
as my said guardians shall think necessary for the main-tenance and education
of my infant children during their respective minorities & also to
raise & lay out of their respective immediately expectant Fortunes
such sum & sums of money as they, my said guardians shall think necessary
not exceeding one moiety thereof for placing them out or otherwise for
their preferment or advancement in the world. And by certain Articles of
Partnership bearing date the twenty fourth day of June more last past I
the said Richard Down & my Partners Henry Thornton
& Peter Free & my said son Edward Down unlawlly so ocuanted
& agreed to become partners together in the business of Bankers for
the term of five years from the said twenty fourth day of June this in-stant
in the shares & proportions & subject to the terms & stipulations
therein particularly mentioned & amongst others to a certain stipulation
that in case of my death at any time during the conveyance of the said
co partnership that the shares which I should hold of & in the net
gains & profits of the said co-partnership business at the time of
my decease should be disposed of as follows that is to say ten seventy
two parts or shares, part thereof unto the said Edward Down, Henry Thornton
& Peter Free in the proportions therein mentioned & the residue
of such shares unto my Executors or Administrators upon such trusts &
for such purposes as I should by my last will & testament or by any
codicil thereto direct or appoint now in pursuance & in execution of
the power & authority given to me by the said Articles I do by this
my will give & bequeath with re18 of the said net gains & profits
unto my executors hereinafter named upon the trusts following that is to
say such trust to lay out & invest the same in the purchase of stock
in the three per cent Consolidated Bank Annuities in their joint Names
& to receive the dividends & interest thereof & to lay out
& invest the same in the purchase of other stock in the same fund &
so from time to time to continue to lay out & invest such net gains
& profits & dividends & interest respectively in the purchase
of stock in order that the same & the resulting in-come & produce
thereof may accumulate in the nature of compound interest until the end
of twelve calendar months next after the expiration or dissolution of the
said co-partnership so that the same may remain but entire consolidated
fund & be subject & liable to any claims or demands that any of
the auditors of the said co-partnership may have upon the same as part
of the partnership property & from & immediately after the end
of the said form of twelve calendar months then I direct that the same
last mentioned consolidated fund shall fall into & be considered as
part of the residue of my personal es-tate & be applied & disposed
of accordingly. I give to my much esteemed friend Mrs Mary Neale
who has long lived in my family in addition to what I have already given
her the sum of one hundred pounds. I give to each of my executors hereinafter
named the sum of one hundred pounds for their trouble in executing this
my will. I give handsome mourning rings to my near relations & the
usual ones to such of my particular friends as my said executors may think
proper all the residue & remainder of my personal estate & effects
whatsoever & wheresoever I give & bequeath unto such of my twelve
children hereinbefore named as shall be living at the time of my decease
& the lawful issue (if any) of such of them as shall be then dead equally
to be divided between them share & share alike, such issue nevertheless
to take the share of his, her or their parent or parents only the shares
of such of my said children as shall be Minors at the time of my decease
to be paid to them at such times & in such manner as hereinbefore mentioned
with respect to the other Legacies which I have given to them & in
the mean time to be laid out & invested in the three per cent Consolidate
Bank Annuities as aforesaid & in case of the death of any of my said
infant children without leaving lawful issue before their respective legacies
by this my will given & bequeathed to them shall become payable then
I give the legacy or legacies & share or shares as well original as
assuming of such of them as shall so die unto my surviving children to
be equally divided between them & to be paid out or transferred with
respect to those who are infants at the same ages or times as their original
legacies are hereby respec-tively made payable & I do hereby nominate
& appoint my said wife my said son Edward Down & my said partner
Henry Thornton Esquire Guardians of the persons & fortunes of my infant
children during their respective minorities I constitute & appoint
the said Edward Down, Peter Free, Thomas Husband & John Scott executors
of this my will & I declare & direct that my said trustors &
executors their re-spective Heirs, Executors, Adm[inistrat]ors & assigns
shall not be answerable or accountable therein for the other or other of
them & by no means for involuntary lapses that they shall be allowed
all their rents, charges, damages & expenses to be occasioned by their
being my trustors & executors & lastly I do hereby revoke all former
wills by me at any time heretofore made thus above I divided my fortune
as above amongst my family to the best of my judgement & their relative
situations my love & condi-tion I distribute equally between them &
I recommend to them to unite their affections & interest so strongly
together as mine by the blessing of God have ever been towards them all.
In witness whereof I have to this my last will & testament contained
in fourteen sheets of paper set my hand & seal that is to say my hand
to the first thirteen sheets thereof & my hand & seal to this fourteenth
& last sheet thereof this nineteenth day of August in the year f our
Lord 1808. R. Down. Signed & sealed pub-lished & declared by the
above named Richard Down the testator as & for his last will &
testament in the presence of us who at his request in his presence
& in the presence of each other have hereunto subscribed our names
as witnesses – Rob Smith, Attorney at Law, Basinghall Street, London,
Rd. Humphrey, Thomas Adams, Clerks to Messrs Down & Co.
This is a Codicil which I desire may be annexed to be taken as part of my last will & testament becoming date the nineteenth day of August instant. Whereas I have omitted in my said will to bequeath the sum of five hundred pounds government Tontine which I purchased in the year 1789 on the lives of my four oldest daughters, Rose Down, Sarah Down, Ann Down & Mary Down. Now I do by this codicil give and bequeath to the said Rose Down the sum of one hundred pounds part of the said sum of four hundred pounds, to the said Sarah Down, now the wife of Thomas Sheppard Esquire the like sum of one hundred pounds other part thereof to the said Ann Down, now wife of John White the Younger Esquire the like sum of one hundred pounds other part thereof , & to the said Mary Down, now the wife of Cornelius Buller Esquire, the like sum of one hundred pounds & residue thereof for their own use & benefit respectively & in all other respects I hereby satisfy & confirm my said will. In witness hereof I have hereunto set my name & seal the twenty seventh day of August 1808. R. Down. Signed & sealed, published & declared by the said Richard Down the testator as & for a codicil to his last will & testament in the presence of Robt. Smith, Atty. at Law, Basinghall Street, London, Rd. Humphrey – Clerk to Messrs Down, Thornton & Co.
This is a further codicil which I desire may be annexed to & taken as part of my last will & testament bearing date the nineteenth day of August last. I give & bequeath to Mrs Mary Neale the sum of fifty pounds per annum Bank Long annuities for & during the term of her natural life in addition to the legacy of one hundred pounds which I have given to her by my said will in consideration of the kind attention & comfort I have received from her during a long illness & after her service. I give the said sum of fifty pounds per annum Bank Long Annuities to my eldest Son John Down for his own absolute use & benefit & in case the said sum of fifty pounds per annum Bank Long annuities shall not be standing in my name at the time of my decease then I direct my executors to purchase the same by & out of my personal estate & in all other respects I hereby testify & confirm my said will & former codicil hereto. In witness whereof I have hereunto set my hand & seal the twenty ninth day of March in the year of our Lord 1809 – R. Down Signed & sealed, published & declared by the said testator Richard Down as a further codicil to his last will & testament in the presence of Robert Booth - ... ... Clerk to Messrs Down & Co.
This is a further codicil of me the said Richard Down which I desire may be annexed to & taken as part of my last will & testament bearing date the nineteenth day of August 1808 whereas I have by my said given to my eldest daughter Rose the sum of eight thousand pounds of lawful money of Great Britain and whereas my said daughter has lately intermarried with William Cade Key Esquire upon which occasion I did regard & give to her the sum of five thousand pounds as & for her marriage portion now I do hereby wish & make void the said legacy of eight thousand pounds so given to my said daughter & in lieu thereof do give to the executors in my said will named the sum of three thousand pounds of like lawful money upon such or the like trusts to & for the benefit of my said daughter Rose Key & her husband & children as are in my said will mentioned with respect to the like legacies of three thousand pounds each thereby given to or in trust for my four other married daugh-ters, their husbands & children and wherefore I have by a former codicil to my said will bearing date the twenty ninth day of March last given to my eldest son John Down (after the decease of Mrs Mary Neale) the sum of fifty pounds per annum Bank Long Annuities for his own absolute use & benefit now in consequence of the favourable thought in the ministrations of my said son by his late settle-ment in business I do hereby revoke & make void the said legacy & I give & bequeath the said sum of fifty pounds per annum Bank Long Annuities (from & after the demise of the said Mary Neale) to my said executors in trust to pay to or authorise & empower my daughter Emma Money (now the wife of the Revd. William Money) to receive the said fifty pounds per annum Bank Long Annuities during her natural life for her own separate & peculiar use & benefit free from the debts constraints or intermed-dling of her said present or any future husband & her receipt alone notwithstanding her coverture shall be of good discharge for the same & from & after the demise of the survivor of them the said Mary Neale & my said daughter Emma Money I give the said sum of fifty pounds per annum Bank Long Annuities to William Money the infant son of my said daughter Emma Money for his own absolute use & benefit to be paid or in transferred to him upon his attaining the age of twenty one years & in the mean time I direct that the same be paid & applied by my said executors in or towards his mainte-nance & education or otherwise for his benefit as they shall think proper & in case the said William Money the son shall die in the lifetime of his said mother then I give the said sum of fifty pounds per Annum Bank Long Annuities from & after the decease of the survivor of them the said Mary Neale my said daughter Emma Money to such person or persons in such shares or proportions manner & as long as she my said daughter by any deed or writing in her life time or by her last will & testament in writing or any codicil thereto to be sealed & delivered by her in the presence of & to be attested by two or more credible witnesses as shall direct, give or appoint & for want of such direction gift or ap-pointment then to her executors, advisors or assigns absolutely and whereas I have by my said will given to my said executors the sum of three thousand pounds sterling upon trust to invest the same in the purchase of stock in the three pounds per cent consolidated Bank Annuities & to pay the dividends & interest of such stock to my said daughter Emma Money for her separate use during her life and whereas a policy of assurance bearing date the thirteenth day of March 1806 has been effected in the monies of me the said Richard Down & my two sons John Down & Edward Down, the trustees named in the marriage settlement of the said William Money & Emma his wife with the Society of Equitable Assurers on lives & survivors alike for insuring the sum of five thousand pounds on the life of the said William Money the father the Annual premium on which policy amounting to the sum of one hundred & thirty three pounds seven shillings has been hitherto paid pursuant to a covenant in the said settle-ment contained for that purpose by the several persons & in the proportions following that is to say fifty pounds part thereof by me the said Richard Down fifty pounds other part thereof by William Money Esquire deceased late father of the said William Money, & thirty three pounds seven shillings (residue thereof) by the said William Money last named and whereas I am desirous of further servicing the due payment of the said annual premium during the life of the said William Money now I direct that in case the said William Money shall at any time fail to pay or provide for the payment of the said annual premium on the day whereon the sum shall become due then my said executors shall out of the dividends & interest of the said sum of three thousand pounds or of the stocks wherein the same shall ? be invested to pay the said annual as & when the same shall become due during the joint lives of the said William Money & Emma his wife so & in such manner as that the said assurance may be contin-ued & kept alive for the future benefit of my said daughter Emma Money according to the provisions of her said marriage settlement but it is not my intention to release the said William Money from his covenant for payment of the said premium in the said settlement contained & lastly I do hereby in all other respects ratify & confirm my said will & codicil in witness whereof I have to this codicil to my said will contained in four sheets of paper set my hand & seal that is to say my hand to the first three sheets & my hand & seal to this fourth & last sheet this 30th day of August 1809 R. Down. Signed sealed published & declared by the said Richard Down as a further codicil to his lst Will & testament i the presence of Robt Smith Attorney at Law Basinghall Lane, London, Geo Spalding, his clerk.
This is a further codicil of me the said Richard Down which I desire may be annexed to & taken as part of my last will & testament bearing date the nineteenth day of August 1808 whereas I have lately advanced to my son in law the Reverend William Money the sum of five hundred pounds Sterling upon his promissory note now I hereby direct that repayment of the said sum of five hundred pounds or the interest thereof be not required by the executors named in my said will unless the said William Money shall happen to succeed to the family estates which are settled upon him in remainder upon the death & failure of some of his elder brother James Money Esquire in which event he will be able to repay the same without inconvenience to himself I give & bequeath to Mrs Mary Neale (in addition to the Legacies which I have before given her an Annuity of one hundred pounds of lawful money of Great Britain for her life & I direct my Executors to set apart a sufficient sum by & out of my personal estate as a fund for payment of the said annuity & after the decease of the said Mary Neale I direct that the sum so set apart shall sink into & become part of the residue of my personal es-tate & be paid & applied accordingly & I give such additional Annuity to her favoured Mary Neale in further consideration of her great kindness & unswerving attention to me during a very long illness & lastly I do hereby in all other respects ratify & confirm my said Will & former codicils thereto In Witness whereof I have hereunto set my hand & seal the twenty sixth day of March 1810 – R. Down - signed, sealed, published & declared by the said Richard Down as a further codicil to his last Will & testament in the presence of James Smith, 36 Basinghall Street, Thomas Merry, 1 Bartholomew Lane.
I Richard Down of the City of London Banker do make publish & declare this to be a codicil to my last Will & Testament & do de-sire that the same may be taken & considered as part of my last said Will & Testament as follows whereas I am possessed of or interested in a certain Dwelling House outhouses garden & premises situate in the Fourstreet of the town of Tiverton in the County of Devon now in the occupation of Mr John Allan Wine Merchant for the remainder of a term determinable on lives now I do hereby give devise & bequeath my said dwelling house & premises so situate in the town of Tiverton aforesaid unto my son Richard Down to hold to him my said son Richard Down, his Executors, Admors & assigns for all the remainder to come & unexpired of my term right & interest that I shall or may be possessed of or entitled to at the time of my death In testimony whereof I have hereunto set my hand & seal this fourteenth day of May 1810 – R. Down signed, sealed, published & declared by the said Testator Richard Down as & for a codicil to his last Will & testament in the presence of us who in his presence at his request & in the presence of each other have subscribed our names as Witnesses thereto– Mary Neale – Thos Randall.
I Richard Down of the City of London, Banker so make & publish this
as a further codicil to my last Will & Testament bearing date on or
about the nineteenth day of August 1808 Whereas I have by my said last
Will amongst other things given to my eldest son John Down a Legacy or
sum of fifteen thousand pounds three per cent Consolidated Bank Annuities
& also the sum of fifty pounds Bank Long Annuities but which last mentioned
sum of fifty pounds per annum Bank Long Annuities I revoked by a codicil
to my said will now I do by this further codicil revoke & make void
the said Legacy or sum of fifteen thousand pounds three per cent Consolidated
Bank Annuities every part thereof & in lieu thereof I do hereby give
& bequeath unto my partners Henry Thornton & Peter Free named in
my said will & to John Scott also named in my said will their Executors
& advisors the Stock or Sum of five thousand pounds four per cent Bank
Annuities & the interest & dividends thereof from the time of my
decease upon the several trusts & to & for the intents & purposes
& under & subject to the conditions & declarations hereinafter
expressed & declared of & concerning the same (that is to say,)
upon trust & to the intent that they the said trus-tors, advisors or
assigns shall & do during the life of my said eldest son John down
pay & apply the interest & dividends thereof for or towards the
personal use & support of him my said eldest son or of him & his
wife & child or children in such manner as to my said trustees shall
seem best & so as that the same or any part thereof may not be alienable
or liable to be charged or aliened by him my said eldest son & that
the same or any part thereof shall not in any wise be subject to liable
to the debts or claims of any creditors of him my said son John & I
do hereby expressly provide & declare that such interest dividends
& proceeds shall be or remain & continue as a provision for the
personal subsistence & support of him my said son or of him & his
wife & children in case of being shunned by any assignee or assignees
or creditor or creditors shall & may be applied to the maintenance
& support of my said sons family or be wholly withheld or suspended
& invested by my said trustees as an accumulating fund for the future
support of him my said son John or of his & his wife & children
in such manner as my said trustees may thenceforth think but it being my
will & intention that such interest, dividends & proceeds or any
accumulations thereof shall not be alienable or liable to be charged disposed
of or assorted by my said son or be in any manner liable to his debts alienation
or engagements & that the receipt or receipts of him my said son shall
notwithstanding his insolvency or any alienation charge or incumbrance
made or attempted to be made by him be the only proper discharge for the
same interest, dividends & proceeds or of such part or parts thereof
as may be revised by him or paid & applied to or for his use &
from & after the decease of my said eldest son John Down leaving a
wife or lawful issue his surviving then upon trust & my will is that
they the said trusees thereof & the survivors or survivor of them their
or his assigns Executors or Admors shall & do pay & apply the interest,
dividends & proceeds of the said stock or sum of five thousand pounds
four per cent Bank Annuities & any accumulations thereof into the proper
hands of such wife (if any) of my said son John or otherwise for
ot towards the sole & separate us & support of such wife or for
the separate maintenance of her & any lawful issue of him my said son
John in such manner as to them the said trustors thereof for the time being
may seem best & I do hereby declare that the receipt or receipts of
such wife or widow of my said son John shall notwithstanding her coverture
be the only proper discharge for such interest, divi-dends or proceeds
as may be paid to her or for her use or benefit under the trusts aforesaid
& from & after the decease of my said son & of his wife surviving
him then upon trust that they the said trustees & the survivors &
survivor of them their or his Executors Admors or assigns shall & do
stand pos-sessed of & interested in the said stock or sum of five thousand
pounds four per cent Bank Annuities and any accumulations thereof in trust
for all & every the child or children of him my said son John lawfully
begotten or to be begotten in such share & proportions & to vest
or be payable & transferable at such age or ages or times & in
such manner as the survivor of my said son John & his present wife
by any deed or writing under his or her hand & seal or by his or her
last will & testament in writing duly executed & published shall
direct limit or appoint & on default Of such direction, limitation
or appointment then in trust for all & every such child or children
so lawfully begotten as aforesaid of him my said son John as shall attain
the age of twenty one year or being a daughter or daughters shall attain
that age or marry with the consent of her or their parent or guardians
equally to be divided be-tween such children if more than one share &
share alike their respective Executors or Admors & if but one the should
to that our his or her Executors or Admors & I do direct that the interest
& divi-dends of every such childs expectant share shall after the decease
of my said son & his wife be applicable to the maintenance & education
of such child & that the said trustees may apply any part of the principal
of such expectant share for or towards putting or placing out any such
child in or to any trade business profession or employment notwithstanding
that such share shall not then be vested or payable & upon & subject
to this further trust that if there shall be no such lawful issue of my
said son John who shall has to become intitled to the said trust stock
or sum of five thousand pounds four per cent Bank Annuities under the trusts
aforesaid then & in such case my will is & I do hereby declare
that after the decease of my said John & of his wife surviving him
& such failure of his lawful issue living to be entitled thereto the
said trust stock or sum of five thousand pounds four per cent Bank Annuities
& the accumulations thereof or so much thereof as shall remain
unapplied or indisposed of under the trusts aforesaid shall sink into &
applied accordingly & my will is that is I shall not have sufficient
stock in the said four per cent Bank Annuities at my decease to answer
the said Legacy or sum of five thousand pounds of or in the said stock
or fund my executors shall & do thereupon purchase sufficient stock
therein to an...& satisfy the same & shall & do transfer such
Legacy to the before named trustees thereof upon & subject to the trusts
& declarations hereinbefore declared & my will further is that
an offer or any of the said trustees hereinbefore named of the aforesaid
trust stock or any further trustee thereof shall die or decline to act
or desire to be discharged from the aforesaid trusts the survivors or survivor
or others or other of the trustees for the time being of the same stock
shall nominate & ap-point a new trustee or trustees thereof in the
place & stead of the trustee or trustees so dying or declining to act
or desiring to be discharged & that thereupon in every such case the
said trust stock or Bank Annuities & premises shall be transferred
in such manner as that the same may be & become vested in the surviving
or continuing trustee or trustees jointly with such new trustee or trustees
thereof upon & subject to the trusts aforesaid & I do hereby declare
that the said transfers or any of them shall not be answerable or accountable
for the acts deeds or defaults of the other or others of them & that
all & every of them shall & may deduct or revive & retain by
& out of the said trust premises & proceeds thereof all such costs
& charges as they or any of them shall or may pay, sustain or be put
unto in or about the execution of the trusts or purposes aforesaid or otherwise
however rela-tive thereto but in all other respects I do hereby ratify
& confirm my said last will & testament & the dispositions
thereby made or all such parts thereof as have not been revoked or altered
by any of the codicils already made thereto & I do hereby ratify &
confirm such codicils & such of the dispositions thereby made as may
not have been already or may not be hereafter otherwise revoked or altered
& if only altered then with such alteration thereof. In Witness whereof
I have to the first four sheets of this my codicil confirmed in five sheets
of paper set my hand & to the fifth & last sheet have set my hand
& affixed my hand & seal this thirteenth day of February in the
year of our Lord 1811 – R. Down : Signed, sealed published & declared
by the named Richard Down the testator as & for a further codicil to
this last will and testament in the presence of us who in his presence
at his request & in the presence of each other have subscribed
our names as witnesses thereto – Wm. Pearse – Swithins Lane London
– Wm Furmon H. Perkins – Clerk to Messrs Down, Thornton &
Co. Bartholomew Lane
A codicil to be added to the last will &
testament of me Richard Down of Bartholomew Lane in the City of London
Esquire. Whereas I have in & by my last will & testament given
& bequeathed among other things the sum of seven thousand pounds unto
or to & for the benefit of my daughter Harriet Down. And whereas I
have lately paid the sum of one thousand pounds to my son Edward Down upon
trust for the said Harriet Down. Now I do hereby declare that such sum
of one thousand pounds paid to such trustee as aforesaid shall be deemed
& taken as part of the said Legacy given by my said will to the said
Harriet Down & I hereby revoke so much of the said Legacy & do
declare that after deducting such one thousand pounds from her said Legacy
the same & all other provisions made for her income by my said
will shall stand confirmed & unrevoked and Whereas I have in &
by my said will given unto my son Richard Down the sum of eight thousand
pounds & since the date & exe-cution thereof I have paid &
advanced unto & for the use & benefit of my said son the sum of
nine hundred pounds in the purchase of a commission for him in the Army.
Now I hereby direct that the said sum of nine hundred pounds shall be deemed
& taken as part payment of the said Legacy given to the said Richard
Down by my said will & in all other respects I confirm the Legacy given
unto my said son. In witness whereof I have hereunto set my hand &
seal this seventeenth day of January in the year of our Lord 1812 R Down
Signed, sealed, published & declared by the testator as & for his
last will & testament in the presence of us who in ... at his request
& in the presence of each other have hereunto subscribed our names
as witnesses thereto – R. Debarry John Sayer
This is a codicil to be added to & be taken as part of the last will & testament & codicil thereto of me Richard Down of Bartholomew Lane in the City of London Esquire. Whereas I have in & by my said will given unto or for the use or benefit of my daughter Harriett Down the sum of seven thousand pounds & also a part or share of the residue of my property as in my said will is mentioned and whereas I did in & by a codicil to my said will declare that I had since the date & execution of my said will advanced & paid the sum of one thousand pounds for the benefit of the said Harriett Down & did revoke the said bequest to her in my said will mentioned so for only as respected the said sum of one thousand pounds & in all other respects satisfied & confirmed the same Now I do hereby revoke the bequest in & by my said will & codicil respectively made to or for the benefit of the said Harriett Down & do hereby give & bequeath the principal sum of six thousand pounds & also such share of the residue of my Estate as in & by my said will is given to or for the benefit of the said Harriett Down unto my son Edward Down, his executors & advisors upon trust that he the said Edward Down his ex-ecutors & advisors shall do as soon as it conveniently may be after my decease invest the said sum of six thousand pounds & also the share of the residue of my said estate hereinbefore bequeathed to him in trust as aforesaid in his name in the public stocks or funds of Great Britain or upon Government or real securities of interest in England & alter & vary the said stocks funds & securities from time to time as to him shall seem reasonable & my will is that the said Edward Down his executors & advisors shall stand possessed of such funds & securities & the interest & dividends thereof upon the trusts hereinafter expressed, that is to say, in trust for my said daughter Harriett Down & to be paid assigned & transferred to her upon her attaining the age of twenty one or upon the day of her marriage which-ever shall first happen except such marriage shall be with W. H. Sutton as hereafter mentioned & I do direct that the interest & dividends of such trust funds or a sufficient part thereof shall be paid & applied by the said Edward Down, his executors & advisors for the maintenance & education of my said daughter during her minority or until her marriage if the same shall take place before she attains the age of twenty one years provided nevertheless & I do hereby further declare my will & mind to be that in case of my said daughter Harriett Down shall marry W.H. Sutton, the son of Mr Sutton of Colney Hatch in the county of Middx. before she shall have attained the age of eighteen years that then & in that case the payment of the said interest & dividends to the said Harriett Down shall cease & the said sum of six thousand pounds & the said share of my personal Estate herein bequeathed for her benefit & the stocks, funds & securities in or upon which the same shall be laid out & invested shall want to & become part of the residue of my personal Estate & shall be applied & disposed of according to the directions contained in my said will except so far as relates to & concerns my said daughter Harriett Down it being my intention that in the event of her marriage with the said W.H. Sutton before she shall attain the age of eighteen years she the said Harriett Down shall not have or receive any advan-tage or benefit from any of the bequests contained in m said will or in this & the former codicil thereto but that the same so far as respects the said Harriett Down shall be absolutely void & of no effect & I do in all other respects confirm my said will & codicil thereto. In witness whereof I the said Richard Down have to my this codicil to my last will & testament set my hand to the first sheet thereof & my hand & seal to the last sheet thereof this twenty third day of October in the year of our Lord 1812 – R. Down. Signed, sealed published & declared by the said testator Richard Down as & for a codicil to his last will & testament in the presence of us who in his presence at his request & in the presence of each other have subscribed our names as witnesses thereto R. Dobarry, Tom Scott, Jno. Sayer, clerks to Messrs Down & Co.
I Richard Down of the City of London Banker
do make & publish this as a further codicil to my last will & testament
bearing date on or about the sixteenth day of August 1808 Whereas I have
by my said last will & testament among other things given & devised
unto my wife Rose for her life or until she shall marry again the use of
my messuage or tenement at Colney Hatch in the county of Middlesex in my
own occupation with the gardens, out offices, buildings & Land thereunto
belonging she keeping the same in good & tenant-able repair
& share also given & devised unto my son Edward Down his heirs
& assigns from & after the decease or second marriage of my said
wife (which shall first happen) my said messuage or tene-ment garden, out
offices, buildings & the twelve acres of land at Colney Hatch aforesaid
now in my occupation to hold the same unto & to the use of my said
son Edward Down his heirs & assigns for ever upon condition nevertheless
that my said son his heirs & assigns do & shall pay or cause to
be paid unto my said wife during her natural life or widowhood as the case
may be and Annuity or rent charges of one hundred & fifty pounds in
& by my said last will & charged on the said premises for or towards
keeping the buildings therein in repair & the Lands & Gardens in
good 1 .?...art & condition and whereas by an act of parliament lately
made & passed for dividing & enclosing Finchley Common
an allotment or parish of said containing twenty three acres or thereabouts
part of the said Common late been allotted to me as my portion or share
thereof for or in lieu of my right in & upon the said Common &
which allotment is contiguous to adjoining my said Mansion house
& Lands at Colney Hatch aforesaid & I have contracted &
agreed with Sir William Curtis Baronet for the absolute purchase
of another allotment, piece or parcel of Land allotted to him from &
out of the said common containing sixteen acres or thereabouts with the
apports situate near or adjoining my said allotment of twenty three acres
at or for the price or sum of one thousand pounds Sterling now I do hereby
will & direct that as well my said allotment or parcel of Land containing
twenty three acres or thereabouts as also the said other allotment, piece
or parcel of Land containing sixteen acres or thereabouts so as aforesaid
contracted to be purchased shall henceforth respectively be annexed or
added to & enjoyed with & be or become & be considered as parts
of the Lands belonging to my said Mansion House & twelve acres of Land
at Colney Hatch aforesaid but not to my farm there called Coppetts farm
& I do hereby give & devise the whole of the said two several allotments
pieces or parcels of Land together with my said Mansion House & twelve
acres of Land unto my said wife & her assigns for & during her
natural life or widowhood as the case may be & from & after her
decease or second marriage I do hereby give & devise the same unto
my said son Edward Down his heirs and assigns for ever nevertheless upon
the same conditions & in the same manner in all respects as are by
my said will expressed & declared of & concerning my said messuage
or Mansion House & twelve acres of Land & upon & subject to
this further condition & I do hereby will & direct that my said
son Edward Down, his heirs, Executors & advisors or assigns shall &
do on or before his or their informing into & upon the said two several
allotments pieces or parcels of Land will & truly pay or cause to be
paid unto my Executors the said purchase money or sum of one thousand pounds
by me agreed to be paid for the said piece or parcel of Land containing
sixteen acres or thereabouts to the intent that the same sum may return
to & become part of my residuary personal estate and whereas I have
by my said last will amongst other things given & devised unto my eldest
son John Down from & immediately after the decease of my said wife
all that my messuage Malting house & premises in the parish of
Ware then on lease to Thomas Adams therein named
& also my farm & Lands called Noahs Ark & also my two
woods called Howes Wood & Bulls Wood & also my ten acres of Land
or thereabouts then in the occupation of Martha Mallin, widow to
hold unto & to the use of my said son John Down his heirs & as-signs
for ever and whereas I have by a codicil to my said will bearing date on
or about the thirteenth day of February 1811 given & bequeathed
unto my partners Henry Thornton & Peter Ffree & to John Scott named
in my said will their Executors or advisors the stock or sum of five thousand
pounds four per cent Bank Annuities & the interest & dividends
thereof from the time of my decease in trust for the benefit of my said
son John Down, his wife & children in the manner & subject to the
conditions & declarations therein expressed & declared of &
concerning the same and whereas from the change in the circumstances of
my said son John Down I am ?induced of my parental affection to endeavour
to enlarge the comforts of himself & family & inasmuch as my said
son John will not come into the possession of the said estates so devised
to him by my will as aforesaid until after the decease of my said wife.
I do hereby as a further provision for the personal use & support of
my said son John & his family for & during the life of my said
wife give & bequeath unto the said Henry Thornton, Peter Free, &
John Scott the trustees in my said last mentioned codicil named their executors
& advisors the further stock or sum of two thousand five hundred pounds
four per cent Bank annuities & the interest & dividends thereof
from the time of my decease up to & inclusive of the day of the decease
of my said wife Upon trust nevertheless to pay & apply the dividends
interest & proceeds of the same ... Legacy or sum of two thousand five
hundred pounds four per cent Bank Annuities unto & to the use of my
said son John Down or otherwise shall & do permit & authorise him
or his assigns to receive & take the same for & during the joint
lives of himself & my said wife in like manner as he will be enti-tled
to receive the interest, dividends & proceeds of the aforesaid stock
or sum of five thousand pounds four per cent Bank Annuities during that
period & in case of the decease of my said son John in the life time
of my said wife then my will is that they the said trustors shall &
do thenceforth during the life of my said wife pay & apply the interest
dividends & proceeds of the said stock or sum of two thousand five
hundred pounds four per cent Bank Annuities for & towards the maintenance
& support of the widow & child or children of him my said son John
or such of them as may for the time being be living until by the decease
of my said wife the widow or child or children of him my said son John
shall come into possession of the estate in the county of Herts settled
on my said son John & his family in reversion or remainder expectant
on the decease of my said wife & from & after the decease of my
said wife my further will is & I do hereby declare that the said stock
or sum of two thousand five hundred pounds four per cent Bank Annuities
shall revert or be returned to & thenceforth become part of my residuary
personal estate & be applied & disposed of accordingly but in all
other aspects I do hereby ratify & confirm my last will & testament
& the several codicils made thereto or all such parts thereof as have
not been revoked or altered by any of the codicils already made & I
do hereby ratify & confirm such codicils & such of the dispositions
thereby made as may not have been already or may not be hereafter otherwise
revoked or altered & if only altered then with such alteration thereof
in ... whereof I have to the first three sheets of this my codicil contained
in four sheets of paper set my hand & to the fourth & last sheet
thereof have set & affixed my hand & seal this eighteenth day of
March in the year of our Lord 1813 – R. Down signed, sealed. Published
& declared by the above named Richard Down the testator as & for
a further codicil to his last will & testament in the presence of us
who in his presence at his request & in the presence of each other
have subscribed our names as witnesses thereto to Wm Pearce Swithins
Lane Wm ?Inman Wm. Inman Junr of Bartholomew Lane
This is a codicil to be taken as part of the last will & testament of me Richard Down of the city of London, Banker ... at a court Baron holden for the Manor of Finchley in the county of Middlesex on or about the seventh day of April 1779. I was admitted to a certain piece of land formerly a part of the waste of the said manor near Colney Hatch otherwise Friern Barnet in the Manor & therein particularly described to hold the same with the appurts * unto me my heirs & assigns for ever at the will of the Lord according to the custom of the same manor but since the making & publishing of my last will or last codicil made thereto it has been discussed that I had not then surrendered the said copyhold piece or parcel of land to the use of my last will & having supplied that defect by a surrender made on or about the eighth day of April instant of the said piece or parcel of land & promise to the uses of my last will I do hereby give devise or confirm the said copyhold or customary piece or parcel of land & all & every other my copyhold Messauges tenements & heredits ** ?holden of the said Manor & which I have so surrendered to the uses of my last will with all the appurts * thereto be-longing to & for such uses, intents & purposes as I have already in & by my last will & testament or any codicil thereto expressed & declared of & concerning the same In Witness whereof I have here-unto my hand & seal subscribed & set this twelfth day of April in the year of our Lord 1813 – R. Down – signed & sealed, published & declared by the said testator Richard Down as a codicil to his last will & testament in the presence of us who in his presence at his request & in the presence of each other have subscribed our names as witnesses hereto –Wm Pearce Swithins Lane, Wm ?Inman Junr Bartholomew’s Lane – Thomas Fowler same place.
This is a codicil to be added to & taken as part of the last will & testament of me Richard Down of Bartholomew Lane in the City of London Esquire whereas ... the date & ?Condition of a certain codicil to my will bearing date the twenty third day of October now last past my daughter Har-riett was without my consent married William Henry Sutton in such codicil named & hereby she has forfeited all rights & title to our bequest under my Will Now I do hereby confirm with ?Codicil & I do revoke all & every bequest in my will made to & for the benefit of my said daughter Harriett now the wife of the said William Henry Sutton & I give & bequeath the sum of four thousand pounds sterling unto my sons Edward Down & Henry Down their executors & advisors upon trust that they the said Edward Down & Harry Down or the Survivors of them his executors or Admors * be & shall as soon as conveniently may be after my decease invest the said sum of four thousand pounds in the name of them the said Edward Down & Harry Down in the public stocks or funds of Great Britain or upon Government or ?real securities at interest in England & not elsewhere & alter vary & transfer the said stocks funds & securities from time to time as to them shall seem reasonable & in the next place do & shall from time to time ... & as the ?same shall ?Corv..e due pay transfer & assign the interest, divi-dends & produce of the said sum of four thousand pounds or of the stock funds or securities in or upon which the same shall or may from time to time be invested unto & to the use of my said daughter Harriett & her assigns for & during the term of her natural life & I direct that the same shall be paid to my said daughter free from the ?controul debts & intermeddling forfeiture or engagement of her present husband or any person or persons with whom she may hereafter intermarry & that her receipt alone shall be a good an sufficient discharge for such sum of money as in such receipt or receipts & from & immediately after the decease of my said daughter Harriett upon trust to stand possessed of & inter-ested in the said trust monies funds & securities & the interest dividends & produce thereof for all & every the child or children of my said daughter lawfully begotten equally to be divided between or amongst them share & share alike the share or share of such of them as shall be a sum or sums to be paid & payable to them on his or their respectively attaining the age or ages of twenty one years & the share or share of such of them as shall be a daughter or daughters to be paid & payable to them on their respectively attaining the age or ages of twenty one years or day or days of marriage which as to which of them respectively shall first happen & it there shall be but one such child of my said daughter Harriett lawfully begotten who shall live to attain the age of twenty one years or days of marriage as aforesaid then the trust for such only child his or her executors & advisors absolutely & I direct that in case there shall be no child of the body of my said daughter Harriett lawfully begotten who being a son shall live to attain the age of twenty one years or being a daughter shall live to attain that age or day of marriage which shall first happen then that the said trust monies, funds & securities shall forth-with from & immediately after the decease of my said daughter without Issue or the decease of such only a surviving child of her body who shall die without becoming entitled to the said trust monies shall revert to my executors & become & to be considered a part of the residue of personal estate & be subject to the dispositions in my will mentioned concerning the same. In Witness whereof I have to this my codicil contained in this & the preceding sheet of paper set my hand to the first sheet the rest & my hand & seal to this last sheet thereof of this thirty first day of July 1813. R Down. This paper ... purporting to be a codicil to the last will & testament of Richard Down Esquire was signed & sealed, published & declared as such by the said testator in our presence who at his request & in the presence of him & each other have signed our names as witnesses thereto – John Sayer, Tom Scott, Bartholo-mew Lane, R Debarry, Lincolns Inn Fields
Having become reconciled to my daughter Harriet Sutton & forgiven her for having married against my request it is my request that she shall share in the distribution of my property at my death with my other children. Witness my hand, Jany. 24th 1814, R. Down.
Proven at London with eleven codicils 31st August 1814 before the worshipful Richard Creswell LLD & Surrogate by the oaths of Edward Down Esquire, the son. Peter Free Esquire, Thomas Husband & John Scott the executors to whom admon* was granted having been first sworn duly to admr **
Proved at London with twelve codicils 8th July 1815 before the Judge
by the oaths of Edward Down, the son, Peter Free, Thomas Husband &
John Scott Esquire the executors to whom admon * was granted they having
been first sworn duly to admr ** the probate of the said will with eleven
codicils annexed granted in August last ?revoked
Glossary:
Messuage - A term used in deed to signify a dwelling house and the
surrounding property, including outbuildings. A large residential property
was referred to as a capital messuage
Distress and entry - basically if the person was not allowed access to their property as left in the will, the testator was granting them power to seize goods/enter property. Slightly old-fashioned - maybe legal- use of the word distress. Distrain was/is similar, but we only use the form "distraught" now
Pier Glasses - are tall mirrors, originally hung between windows.
*=appurtenances **=hereditaments
* = administration **= administer