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The Will
of George Jarvis, Merchant Taylor of Islington
Will Signed 19th August 1715
1st Codicil signed 15th October 1716
2nd Codicil signed 12th April 1718
Probate 17th May 1718
[transcribed by Michael Stead]
In the name of God, amen, I George Jarvis
of London, Merchant Taylor, being now of sound, perfect and disposing
mind and memory do make this my last will and testament in manner and
form following;
First, I recommend my soul unto God who gave it
me, hoping through his infinite mercy to obtain remission of my sins; my
body I desire may be decently buried at the discretion of my executors
hereinafter named; and as concerning my worldly estate, which God hath
pleased to bless me withal, I give and dispose of the same in manner
following, that is to say;
Imprimis, I give and devise all that my messuage
or farmhouse, with the two barns, barnyard and outhouses thereon
standing, and the lands and hereditaments therewith uses being nine
fields and containing together by estimation sixty acres or thereabouts,
late in the possession of William Clifton and now of Henry Billingay,
situate, lying and being, in or near Lower Holloway, in the parish of
Islington, in the County of Middlesex;
and also my two little tenements and gardens
behind them, with their appurtenances, situate, lying and being, in or
near Lower Holloway, in the said parish of Islington, in the County of
Middlesex;
and all that my messuage and garden thereto
belonging, in Lower Holloway aforesaid, now or late in the tenure or
occupation of …………… Morley commonly known by the sign of the Plough,
with a small tenement joining to one side thereof and formerly parted
from the same and a smith’s shop adjoining to the other side thereof;
and all that other messuage with a garden and a
little field thereto belonging or therewith occupied, situate, and being
in Lower Holloway aforesaid, and now or late in the tenure or occupation
of John Clerke, his assigns or under-tenants,
all which premises I lately purchased with other
lands of Mr. Darrell and his brother, or one of them and which being
copyhold of inheritance, I have surrendered among others to the use of
my last will, with their and every of their appurtenances, unto John
Miller, gentleman, now or late an officer to the Governor and
Company of the Bank of England, my son-in-law Richard Tapps and
my daughter Lidia, their heirs and assigns forever in
Trust, to sell and dispose of the premises before mentioned for the
best price can be gotten for the same within two years after my decease
and the money arising by such sale together with the rents and profits
of the premises which shall accrue after my death and before such sale,
to dispose of to and among and to and for the equal benefit of my six
grandsons, viz: Jarvis Clerke, William Clerke, George
Clerke, Ayliffe Clerke, Joseph Clerke and Benjamin
Clerke share and share alike as is herein afore directed;
And I will that the said shares of my said
grandsons Jarvis, William and George and of such other of my said
grandsons as shall attain to the age of 21 years before my death, of the
money arising by such sale shall be paid to them immediately upon such
sale and that the shares of the rest of my said six grandsons shall come
to them when they shall respectively attain to their several ages of
twenty one years;
And I further will that the said share or shares
of such money of such of my said grandsons Ayliffe, Joseph and Benjamin
as shall not have attained to the age of one and twenty years at the
time of my death, shall be laid out in the purchase in the names of my
said Trustees of annuities or yearly payments payable by virtue and in
pursuance of an Act of Parliament made in the fifth year of the reign of
their late majesties King William and Queen Mary entitled ‘An Act for
Relief of the Orphans and Other Creditors of the city of London’ which
of annuities or yearly payments are now commonly called Orphans’ Fund,
or Orphans' Stock, at the market price, the same shall be then at for the
benefit of such of my said three grandsons last named as shall not have
attained to their respective ages of twenty one years at the time of my
death, to be and remain invested in such fund or stock until their
respective ages of twenty one years;
And my will is that the produce, profits, income
and increase of or from such respective share in such stock of such of
my three grandsons last named as shall not be twenty one years old at
the time of my death, shall be, from time to time laid out in like
manner in the purchase in the names of the said Trustees of more such
Orphan Stock in addition to their respective shares until their
respective ages of twenty one years;
And that such share or shares with the increase
thereof respectively shall be transferred by my said Trustees to each of
them my said respective grandsons, who shall not have, before my death
attained to that age, at the time when he shall attain to that age;
And in case any or either of them my said
grandsons Jarvis, William George Ayliffe, Joseph and Benjamin Clerke
shall happen to die before me or that any of them now under the age of
twenty one years shall happen to die before his or their attainment to
that age, then I hereby will and direct that the share or shares of him
or them so dying before me or before attainment to that age shall go to
and be equally divided among such of the rest of my before named six
grandchildren as shall survive me and who shall not have attained to the
age of one and twenty years at the time of my death or at the time of,
or the respective times of the death or deaths of my said grandsons so
dying after me and before attainment to that age, but who shall attain
to that age afterwards it being my intention that the advantage of any
share falling or accruing by death as aforesaid shall be only to such of
my said grandsons as shall be under the age of twenty one years at the
time of such falling or accruing if any such there be then under that
age;
But if all my said grandsons surviving at the time
of such death shall be then of the full age of twenty one years then my
will is that the share of such of my said grandsons so dying as
aforesaid shall go to and be equally divided among my executors with the
residue of my estate hereinafter bequeathed to them. (If any grandson
dies before his share is due to him, his share goes to any surviving
minor grandsons, or to the Executors, rather than to any surviving
grandsons over 21)
And I further will that the share or shares of my
said grandson Jarvis Clerke (in case he shall be out of Great Britain at
the time of my death or at the time or times that any part or share of
my estate or effects shall come or accrue due to him by virtue of this
my will) shall be also laid out in the like manner in the purchase in
the names of the said Trustees of such Orphan Stock as aforesaid for his
benefit until his return to Great Britain and also that the profits,
income and increase of such share or shares of my said grandson Jarvis
Clerke in such case shall, from time to time, in like manner be laid out
in the purchase in the names of the said Trustees of more such Orphan
Stock as aforesaid for his benefit until his return to Great Britain at
which time such share or shares with the profits and increase thereof
shall be assigned transferred and delivered by my said Trustees to my
said grandson Jarvis Clerke;
Provided always and upon this condition
nevertheless, that in case the said Jarvis shall depart this life before
he shall have received his said share or shares, with the profits and
increase thereof, then and in such case, his share or shares, and the
profits and increase thereof, or so much thereof as shall not have been
received by my said grandson Jarvis shall go to and among such of the
younger sons of my said son-in-law William Clerke, by my
daughter Agnes, his now wife, as shall not have attained the age of
twenty one years at the time of the death of my said grandson Jarvis,
share and share alike, to be paid them at their respective ages of
twenty one years. And in case any or either of such younger sons shall
happen to die before their or his age of twenty one years, then the
share or shares of them or him so dying to be equally divided among the
survivors or survivor of such younger sons;
And in case such younger sons shall all of them
happen to die before their having attained the age of twenty one years,
or that there shall be so such younger sons or son of the said William
Clerke, by the aforesaid Agnes, under the age of one and twenty years,
at the death of the said Jarvis Clarke, then, and in such case, my will
is that such share or shares as should have come to such younger sons or
son, by the death of my said grandson Jarvis, shall go to and be divided
equally among such of the daughters of my daughter Agnes Clarke, as
shall, at the time of the death of my said grandson Jarvis be under the
age of twenty one years, anything herein contained to the contrary
notwithstanding;
Item, I give and devise unto the said John
Miller, Richard Tapps and my said daughter Lydia, two
thousand pounds of such Orphan Stock aforesaid, that is to say, what is
called or accounted so much in the Books of the Chamber of London, under
the trusts hereinafter mentioned, that is to say, in trust for my
four granddaughters, Mary Clarke, Agnes Clarke,
Elizabeth Clarke and Lydia Clarke in equal proportions to be
by my said trustees John Miller, Richard Tapps and my said daughter
Lydia, transferred to my said four granddaughters at their several and
respective ages of one and twenty years;
And I further will that the share or respective
shares of such of my said four granddaughters as shall have attained to
the age or ages of one and twenty years, at or before my decease be
immediately after my death transferred to her or them respectively and
that the profits and increase of the respective shares of such of my
same four granddaughters as shall not be one and twenty years old at the
time of my decease shall from time to time be laid out by my said
trustees for the purchase of more such Orphan Stock as aforesaid at the
market price, the same shall from time to time be at in addition to the
respective shares of such of my said four granddaughters as shall not be
one and twenty years old at the time of my death until their respective
ages of one and twenty years;
And I further will that such additional share or
shares with the profits and increase thereof, respectively shall be
transferred by my said Trustees to my same four granddaughters,
severally and respectively at their respective ages of one and twenty
years;
And that in case of the death of any of my same
four granddaughters before me or before their respective ages of twenty
one years then and in such case the share or shares (with the profits
and increase thereof respectively) of such of my same four
granddaughters so dying shall be transferred to and for the benefit of
such of my same granddaughters as shall not have attained the age of
twenty one years at the time of my death or at the time or respective
times of the death or deaths of such of my same four granddaughters
so dying after me and before attainment to that age, but who shall
attain to that age afterwards; it being my intention that the advantage
of any share falling or accruing by death as aforesaid shall be only to
such of my same granddaughters as shall be under the age of twenty one
years at the time of such falling or accruing if any such there be then
under that age;
But if all my same granddaughters surviving at the
time of such death shall be then at the age of twenty one years, then my
will is that the share or shares of any of my said granddaughters so
dying, shall go to and be equally divided among my executors with the
residue of my estate hereinafter bequeathed to them;
Item, I give, devise and bequeath unto the said
John Miller, Richard Tapps and my said daughter Lydia,
and to their heirs and assigns, all my freehold messuages, houses,
buildings, vaults, ground rents and hereditaments, situate, lying and
being near Trinity House in Water Lane, London, now let by lease to
Alderman Cass of Hackney, at the yearly ground rent of fifty pounds
in trust for the sole use and benefit of my daughter Agnes Clarke,
exclusive of any husband of hers and not to be under his power or
subject to his debts, if any he shall owe, but subject only to such
disposition as she shall think fit without any husband of hers to make
of the same or of the rents and profits thereof, or any part thereof, by
any writing or writings under her hand and seal attested by three
credible witnesses, so as such disposition of the same freehold premises
last mentioned be made to all or some or any one of her children, by her
husband William, either in fee simple, or fee tail and for want of such
disposition by my said daughter Agnes, then upon Trust to convey the
same freehold messuages, and premises, after the death of my said
daughter Agnes to her right heirs;
Item, I give, devise and bequeath to the said
John Miller, my son-in-law William Clarke, and my said
daughter Lydia Jarvis, one annuity or yearly payment of one
hundred pounds per annum, issuing out of His Majesty’s Exchequer,
pursuant to an Act of Parliament made in the third year of the reign of
Her Late Majesty, Queen Ann (entitled An Act for Raising Monies by Sale
of Several Annuities for Carrying on the Present War) purchased by me in
my own name and payable to me under the Trusts hereinafter mentioned,
that is to say - in Trust for my daughter Elizabeth Tapps
and her three children: Mary Tapps, George Jarvis Tapps
and Richard Tapps, in equal proportions, to be by my said
trustees John Miller, William Clarke, and Lydia Jarvis, assigned and
transferred to my said three grandchildren last named, severally and
respectively at their several and respective ages of twenty one years;
And I further will that the proportion or
respective proportions of my said daughter Elizabeth Tapps and of such
of my three grandchildren last named as shall have attained to the age
or ages of one and twenty years at or before my decease be immediately
after my death be transferred to her, him or them respectively;
And I further will that the produce and increase
of the respective proportions of such of my same three grandchildren as
shall not be twenty one years old at the time of my death, shall until
they respectively attain to that age, be from time to time, laid out by
my Trustees last named, in the purchase in their names of such Orphan
Stock as aforesaid at the market price, the same shall from time to time
be at in addition to the provision hereby made for them my same three
grandchildren respectively;
And my will is that such Orphan stock, with the
profits and increase thereof respectively shall be assigned, transferred
and delivered, by my said Trustees to my same three grandchildren
severally and respectively (with the produce of whose respective shares
of the said annuity the same shall be purchased) at their respective
ages of twenty one years;
And I further will that in case of the death of my
said daughter Elizabeth, or of any of my same three grandchildren before
me or at the death of any of my same three grandchildren before their
respective ages of twenty one years, then and in such case, the share or
shares, with the profits and increase thereof respectively of my said
daughter Elizabeth, or of such of my same three grandchildren so dying
shall be assigned, transferred and delivered to and for the benefit of
such of my same three grandchildren as shall not have attained the age
of twenty one years at the time of my death, or at the time or
respective times of the death or deaths of such of my same three
grandchildren so dying after me and before attaining to that age, but
who shall attain to that age afterwards;
It being my intention that the advantage of any
share falling or accruing by death as aforesaid shall be only to such of
my last named grandchildren as shall be under the age of twenty one
years at the time of such falling or accruing (if any such there be)
then under that age. But if all my last named grandchildren surviving at
the time of such death shall be then of the full age of twenty one years,
then my will is that the share of such of my grandchildren so dying as
last mentioned, shall go to and be equally divided between such
survivors, or shall go to the survivor if there be but one such survivor
and that the shares and interest thereof and therein of such survivors
or survivor of them shall together with the produce and increase thereof
be paid, disposed, invested, managed and transferred in the same manner
and under the like circumstances as is herein directed in relation to
his, her or their other share or shares herein before mentioned
respectively;
And in case my said daughter Elizabeth, and all my
three grandchildren last named shall die before me, or in case all my
same three grandchildren shall die before the age of twenty one years,
then my will and direction is that the share of my same daughter so
dying before me and the shares of my same three grandchildren all dying
before that age of and in the said annuity and the share therewith
bought and all arrears, profit, proceeds and increase thereof and
thereby shall go to my executors equally with the residue of my estate
hereby to them bequeathed;
Item, I give and devise unto my daughter
Elizabeth, now wife of Richard Tapps, her heirs and assigns
forever, all that my freehold messuage or tenement, now or late in the
tenure or occupation of ……………………. Freeman, and two rooms behind the said
messuage, situate and being in White Cross Street in the parish of Saint
Giles without Cripplegate, with the appurtenances lately purchased by
me of Mr. Lyncet;
Item, I give, devise and bequeath unto the said
John Miller, William Clarke, and Lydia Jarvis, their
heirs and assigns, all that close, containing by estimation twelve acres
or thereabouts, lying and being in the parish of Islington, in the
County of Middlesex, now or late let by lease unto Mr. Bamforth as being
copyhold of inheritance and which I have surrendered with other things
to the use of my last will with its appurtenances. And also all those my
two fields of freehold land with the appurtenances containing by
estimation nine acres be they more or less, now or late in tenure or
occupation of ………… Collier lying or being in or near Dogg Row at or near
Bednall Green in the parish of Stepney alias Stebunheath, in the said
County of Middlesex, which I purchased of Mr. Low and every of them with
their appurtenances, in Trust for the sole use and benefit of my
said daughter Elizabeth Tapps, exclusive of any husband of hers
and not to be under his power or subject to his debts, if any he shall
owe, but subject only to such disposition as she shall think fit,
without any husband of hers to make of the same or of the rents and
profits thereof or of any part thereof by any writing under her hand and
seal attested by three credible witnesses, so as such disposition of the
said lands and premises be made to all or some or any one of her
children, by her husband Richard Tapps, either in fee simple, or fee
tail, and for want of such disposition by my said daughter Elizabeth
Tapps, then upon Trust to convey the same, after the death of my said
daughter Elizabeth Tapps to her right heirs;
Item, I give and devise unto my daughter Mary,
the now wife of Gilbert Browne Esquire, and to her heirs and
assigns, all those my five messuages or houses, with the yards, gardens,
hereditaments and appurtenances thereunto belonging, or therewith used,
situate lying and being in the parish of Islington aforesaid, three
whereof are in my own possession, another in the possession of Mrs.
Smith, and the other of Mr. Marsden and also all that my house,
warehouse and stable and great garden thereunto belonging, now or late
in the possession of Mr. Browne, gardener, lying and being near the
churchyard at Islington aforesaid. All which houses were built and
repaired by me after I purchased the same last mentioned premises of and
from one Mr. Draper. And also a piece of waste ground lying and being in
the Lower Street in Islington aforesaid, fronting the said street
towards the south, which I likewise purchased with the other last
mentioned premises of the said Mr. Draper, which messuages and last
mentioned premises are now freehold, except the back of the gardener’s
garden, which is copyhold of inheritance and hath been surrendered to
the use of my last will; provided and my will is that my daughter Lydia
Jarvis may (if she thinks fit) dwell and inhabit in my said three houses
at Islington (wherein I now dwell) during all such time as she shall
continue unmarried, without paying any rent for the same;
Item, I give and devise unto my said sons-in-law
William Clarke and Richard Tapps and my said daughter
Lydia Jarvis one annuity or yearly payment of fifty pounds, issuing
out of his Majesty’s Exchequer, pursuant to an Act of Parliament made in
the fourth year of the reign of Her Late Majesty, Queen Ann (entitled An
Act For Continuing And Additional Subsidy Of Tonnage And Poundage And
Certain Duties Upon Coals, Culm And Cinders And Additional Duties Of
Excise And For Settling And Establishing A Fund Thereby And By Other
Ways And Means For Payment Of Annuities To Be Sold For Raising A Further
Supply To Her Majesty For The Service Of The Year One Thousand Seven
Hundred And Six And Other Uses Therein Mentioned) purchased in the name
of sir Theodore Jansen, under the trusts hereinafter mentioned, that is
to say - in Trust for my grandsons Jarvis Browne and
Gilbert Browne in equal proportions to be by my said trustees
William Clarke, Richard Tapps and Lydia Jarvis, assigned and transferred
to my said grandsons Jarvis and Gilbert Browne, severally and
respectively at their respective ages of twenty one years. And I further
will that the proportion or share of such of my grandson last named as
shall attain to his age of twenty one years before my death be
transferred and assigned to him immediately after my death and that the
produce, profits and increase of the respective shares of my said
grandsons Jarvis and Gilbert Browne or of such of them as shall not be
twenty one years old at the time of my death, shall be, from time to
time laid out by my said trustees last named in the purchase in their
names of such Orphan Stock as aforesaid at the market price the same
shall, from time to time be at for the benefit and increase of the
provisions hereby made for my said grandsons Jarvis and Gilbert Browne,
or such of them as shall not be twenty one years old at the time of my
death, until their respective ages of twenty one years;
And my will is that the stock last mentioned with
the increase thereof shall be transferred by my said trustees to my said
grandsons Jarvis and Gilbert Browne severally and respectively at their
respective ages of twenty one years, with the produce of whose
respective share or proportion of the annuity last mentioned the same
shall be purchased;
And I further will that in case of the death of
either of my grandsons Jarvis and Gilbert Browne, before me or before
their respective ages of twenty one years, then that the share of either
of them so dying with the increase thereof, shall be transferred to and
for the benefit of the other of them. And in case both of them, my last
named grandsons shall die before me or before either of them shall
attain to the age of one and twenty years, then my will and direction is
that the annuity last mentioned and the stock therewith bought and all
arrears, proceed, profit and increase thereof and thereby shall go to my
said daughter Mary Browne, her executors administrators and
assigns;
And as to for and concerning all those my
messuages, tenements, houses, shops, cellars warehouses, ground
buildings and hereditaments situate, lying and being in or near Bride
Lane and elsewhere in the parish of Saint Bridgett’s alias Saint Bride’s
in London, by me purchased of John Poynter esquire and others, with
their appurtenances, I give and devise the same as followeth (???) unto
my daughter Lydia Jarvis for and during the term of her natural
life and from after the determination of that estate unto my said
sons-in-law William Clarke, Richard Tapps and Gilbert
Browne and their heirs for and during the natural life of the said
Lydia Jarvis, upon trust to support and preserve the contingent
estates and remainders hereinafter thereof limited from being defeated
and destroyed and for that purpose to make entryes and bring actions as
the case shall require but nevertheless to permit her, the said Lydia
Jarvis and her assignes to receive the rents and profits thereof during
the natural life of the said Lydia Jarvis to and for her and their own
use and benefit and from and after her decease, unto the first son of
the body of the said Lydia Jarvis, lawfully to be begotten and the heirs
males of the body of such first son lawfully to be begotten, and for
want of such issue unto the second son of the body of the said Lydia
Jarvis, lawfully to be begotten and the heirs males of the body of such
second son lawfully to be begotten, and for want of such issue unto the
third son of the body of the said Lydia Jarvis, lawfully to be begotten
and the heirs males of the body of such third son lawfully to be
begotten, and for want of such issue unto the fourth, fifth, sixth,
seventh, eighth, ninth, tenth and all and every other son and sons of
the body of the said Lydia Jarvis, lawfully to be begotten and the
several and respective heirs males of the several and respective bodies
of such several and respective sons lawfully to be begotten successively
and respectively, one after another, as they, the said sons, shall be in
seniority of age and priority of birth, the eldest of such sons and the
heirs males of his body, being always preferred before the youngest and
the heirs males of his body, and for want of such issue I give and
devise the same last mentioned premises unto all and every the daughter
and daughters of my said daughter Lydia Jarvis, lawfully to be begotten
and the heirs of their several bodies lawfully to be begotten equally
and as tenants in common and not as joint tenants. And for want of such
issue I give and devise the same last mentioned premises unto my said
daughters Agnes, Elizabeth and Mary and their heirs equally and
as tenants in common and not as joint tenants;
And my further will is that the same last
mentioned premises, into whose hands soever the same shall come after my
death, shall be subject to and charged with and the same and every part
thereof is and are hereby subjected to and charged with the payment of
fifty pounds per annum of lawful money of Great Britain, to my said
granddaughter Mary Clarke, during her natural life by equal
quarterly payments. And that she have a power of entry and distress in
case of non payment of the said fifty pounds per annum or any part
thereof, upon all or any part of the premises last mentioned for all the
arrears thereof, with costs, charges and damages to be occasioned by
such non-payment and to sell the goods to be distrained for such arrears
costs charges and damages. And I will that my said granddaughter Mary
Clarke shall pay or allow and that my said daughter Lydia and all other
persons who shall be entitled to any estate for life or of inheritance
of and in the premises last mentioned, shall and may deduct out of the
said annuity or yearly payment of fifty pounds a proportionable part as
the same annuity shall be in respect and a proportion to the yearly
value of the said premises therewith charged or hereby intended to be
therewith charged of all taxes to be imposed on the same premises, and
of all charges, damages and losses, which my said daughter Lydia or any
other persons who shall be entitled to any estate for life, or of
inheritance of and in the same premises, shall sustain, pay or be liable
to after my death and during the natural life of my said granddaughter
Mary Clarke for the repair of the same premises or any part thereof for
insurance from fire, or by loss by fire, loss of rent, empty houses or
otherwise or any other loss or casualty whatsoever upon or in relation
to the same premises or any part thereof;
Item, I give and bequeath unto my said daughter
Lydia Jarvis all my household goods and furniture of household,
jewels, rings, watches, plate, china, books, pictures, linen, woollen
and wearing apparel whatsoever, which shall be in the three houses,
wherein I now dwell at Islington aforesaid at the time of my decease;
And whereas I am a widower, and Free of the
Company of Merchant Tailors of the City of London and by the custom of
the said City, one full moiety or half part of my personal estate which
I shall have at the time of my death (after all my just debts and
funeral expenses shall be thereout paid and deducted) doth belong to and
is to go amongst such of my children who at the time of my decease shall
be inadvanced or not fully advanced to the end therefore that it may
plainly appear what portions I have already paid and advanced with my
children in marriage and that the hotch potch and division may be made
of such moiety according to the said custom, I do hereby declare that I
have given to my said daughter Agnes in marriage the sum of two thousand
pounds and no more, to my daughter Elizabeth two thousand pounds in
marriage and no more, and to my daughter Mary three thousand pounds in
marriage and no more;
Item, I give and devise unto my sons-in-law
William Clarke, Richard Tapps and Gilbert Browne, the
several sums of two hundred pounds apiece of good and lawful money of
Great Britain to oblige their kindnesses to their wives and my daughters
earnestly recommending unity peace and love among them all;
Item, I give and bequeath unto my cousin Mary
Hamond (whose maiden name was Mary Jarvis) now or late dwelling at
Colchester in Essex, two hundred pounds of such orphan stock as
aforesaid. That is to say what is called or accounted so much in the
books of the Chamber of London, together with all such arrears of the
profit or yearly payments payable in respect thereof as shall remain
unpaid to me at the time of my death;
Item, I give and bequeath unto my two cousins
Henry Jarvis and Thomas Jarvis, sons of Henry Jarvis,
late of or near Leaven Heath near Colchester aforesaid, deceased (that
is to say) to each of them, the same Henry and Thomas, two hundred
pounds of such orphan stock as aforesaid. That is to say what is called
or accounted so much in the books of the Chamber of London, together
with all such arrears of the profit or yearly payments payable in
respect thereof as shall remain unpaid to me at the time of my death.
And in case they, the said Henry Jarvis and Thomas Jarvis or either of
them die before me, I then give the legacy of them or him so dying to
the respective eldest sons or eldest son of them or him so dying
respectively;
Item, I give to the said John Miller one
hundred pounds of lawful money of Great Britain on condition he accepts
and acts in the trusts hereby in him reposed;
Item, I give to such maid servants as shall
happen to live with me at the time of my decease, ten pounds apiece to
buy them mourning and to such foot boy as shall live with me at
the time of my decease, ten pounds to place him out apprentice to the
best trade that can be gotten for that money;
Item, I give and bequeath unto Mr. John
Hillersden, merchant, twenty guineas in gold;
Item, all the rest, residue and overplus of my
estate whatsoever, real and personal (whereof I have any power to
dispose) and which is not hereby otherwise devised or disposed, I give,
devise and bequeath unto my said daughters Agnes, Elizabeth,
Lydia and Mary to be equally divided between them, and I
recommend it to them to make an amicable and equal division thereof
among them as soon as may be after my death;
And my will and mind is that my said several
trustees shall be well and sufficiently saved harmless and indemnified
for or by reason of their acting and doing any matter or thing in the
execution and performance of their said trust and shall be allowed all
their reasonable charges and expenses in and about the performance
thereof and may deduct to themselves all such their expenses at their
several meetings relating thereto;
And whereas my daughter Sarah Norton hath
highly disobliged me, by marrying without my consent, yet in tenderness
and compassion to her, by the custom of London – which I might have
prevented in my lifetime, therefore my will and command to her is (and
in return to such my kindness I expect her obedience thereto) that she
immediately upon her receipt of her share by the said custom of my
personal estate, pay into the hands of my said trustees, William Clarke,
Richard Tapps and Lydia Jarvis the sum of seven hundred pounds to be by
them secured, employed and improved for the benefit and best advantage
of her daughter Sarah Norton, by such means and in such manner as shall
be agreed between my said trustees and my said daughter Sarah Norton;
Item, I give, devise and bequeath unto the said
William Clarke, Richard Tapps and Lydia Jarvis, their
heirs and assigns, all those my four fields or enclosures of pasture
ground lying or being in or near Maiden Lane in the parish of Islington,
in the county of Middlesex, containing by estimation twenty acres or
thereabouts, as the same are now in the possession of Walter Sibbon who
is restrained from felling or lopping any the trees thereon growing for
any use or uses whatsoever, all which last mentioned premises I
purchased of Mr. Darrell and his brother or one or both of them and
which cost me about one thousand pounds and are copyhold of inheritance
and by me surrendered to the use of my last will, in trust for
the sole benefit of my said daughter Sarah Norton, exclusive of
any husband of hers and not to be under his power or subject to his
debts, but subject only to such disposition as she shall think fit
without any husband of hers to make of the same or of the rents and
profits thereof, or of any part thereof, by any writing or writings
under her hand and seal attested by three credible witnesses, so as such
disposition of the copyhold premises last mentioned be made to all or
some or any one of her children, lawfully begotten or to be begotten,
either in fee simple, or fee tail and for want of such disposition by my
said daughter Sarah, then upon Trust to surrender the same copyhold
premises, after her death, to the use of her right heirs; provided
always and upon this condition nevertheless, that if my said daughter
Sarah do not within twelve months after my decease (in case her said
daughter shall be then living) pay or secure to my trustees last named
or the survivors or survivor of them or the executors or administrators
of such survivors the said sum of seven hundred pounds to be secured,
employed and improved aforesaid for the use, benefit and best advantage
of her daughter in case she attains to her age of twenty one
years and in case she dies before that age, then for the use and benefit
of her mother. The trust hereinbefore declared as to the copyhold
premises last mentioned for the benefit of my said daughter Sarah Norton
shall be void and my trustees last named and their heirs shall stand
seized thereof in trust for the sole benefit of her said daughter and
my granddaughter Sarah Norton and her heirs, anything hereinbefore
contained to the contrary notwithstanding;
And lastly I do hereby nominate constitute and
appoint my said daughters Agnes, Elizabeth, Lydia and Mary the executors
of this my last will and testament, desiring them truly to perform the
same according to the intent and true meaning thereof;
And I do hereby revoke all former and other wills
by me at any time formerly made. In testimony that this is my last will
and testament contained in ten sheets of paper, I have to each of the
said sheets set my hand, and to the last of the said sheets and also to
the ribbon which ties them together, my seal this nineteenth day of
August, one thousand seven hundred and fifteen.
George Jarvis
Signed and sealed, published and declared, by the
said testator, George Jarvis, as and for his last will and testament, in
the presence of us who subscribed our names as witnesses thereto, in his
presence.
Tho. Merret Joshua Adams of the Bank Job Montagu
Hen. Montagu of Lincolns Inne.
A codicil to be added to the last will and
testament of me, George Jarvis of London, Merchant Taylor, bearing the
nineteenth day of August in the year of Our Lord one thousand seven
hundred and fifteen;
Whereas Nevill Norton, husband of my
daughter Sarah Norton, in the same will named above, fifteen
years ago left her and his daughter by her destitute of any means of
subsistence and has since made no manner of provision for them, and I
have for that reason been ever since at the charge of the maintenance of
his said wife and of the maintenance and education of his said daughter,
wherein I have expended the sum of one thousand pounds sterling and
upwards. And it is not now known where the said Nevill Norton is, nor
whether he be alive or dead, now I do hereby will and direct my
executors, (in case the said Nevill Norton shall after my death make any
claim to any customary part of my personal estate) to deduct thereout
the said sum of one thousand pounds for the said maintenance and
education, to the time of the date hereof, and from and after the day of
the date hereof during all such time as I shall be charged of
maintaining my said daughter and granddaughter Norton, after the rate of
seventy pounds per annum and (during all such time as I shall be at the
charge of maintaining one of them only) after the rate of thirty five
pounds per annum. But if the said Nevill Norton is dead, or shall die
before me, or shall never appear to make any such claims, then I will
and direct that no such deduction shall be made out of the customary
part of my personal estate, which shall belong after my death unto my
said daughter Sarah, or to any other in her right, or as representing
her, except her said husband;
Item, I give to my granddaughter Sarah Norton
(the daughter of my said daughter Sarah) the sum of three hundred pounds
over and besides what provision I have made for my said granddaughter in
and by my said will. And I do hereby revoke thirty pounds per annum,
part of the fifty pounds per annum by my said will payable to my
granddaughter Mary Clarke during her natural life and charged on
the tenements therein mentioned to be situate in or near Bride Lane or
elsewhere, in the parish of Saint Bridget, alias Saint Bride’s, London;
And I do hereby will that the same be reduced to
twenty pounds per annum, payable quarterly, but free and clear from all
deductions for taxes, repairs, damages, losses, insurances and other
deductions. Whatsoever, anything in my said will contained to the
contrary notwithstanding. And I do further will that my said
granddaughter Mary Clarke shall have no power of entry or
distress for any one quarterly payment of the said annuity or yearly
payment of twenty pounds provided for her and charged, as by my said
will and this codicil, doth appear until a succeeding quarterly payment
shall become due and payable anything in my said will contained to the
contrary notwithstanding. And in all other respects my will is that the
said twenty pounds per annum be charged on the tenements last mentioned,
with all remedies for the recovery thereof in the same manner as is in
and by my said will provided with relation to the said fifty pounds per
annum and as the said Mary Clarke might have had for the same if this
codicil had not been made. And whereas I have in and by my said will
made several devises, gifts and bequests unto my daughter Lydia Jarvis
and others upon the trusts therein expressed, now I, intending my
son-in-law Gilbert Browne esqr. To be a trustee in the place and
stead of my said daughter Lydia, do hereby revoke the same devises,
gifts and bequests to my said daughter Lydia, as to her, her heirs,
executors and administrators only, and do hereby give devise and
bequeath to him the said Gilbert Browne his heirs, executors and
administrators (together with the respective other persons named in my
said will as co-trustees with my said daughter Lydia, in the several and
respective trusts, in and by my said will created or intended, their
heirs executors and administrators respectively. All lands,
hereditaments, stock, goods, chattels, and things in and by my said will
devised, given or bequeathed to my said daughter Lydia and others in
trust as therein is mentioned subject to the several and respective
trusts in and by my said will directed or declared and in the same
manner and form to all intents and purposes as if the said Gilbert
Browne had, in and by my said will been appointed and named a trustee in
the place or stead of my said daughter Lydia and I declare this codicil
to be part of my said last will and with the additions and alterations
aforesaid I do hereby ratify and confirm my said will.
In witness whereof I have to this codicil set my
hand and seal this fifteenth day of October in the year of Our Lord one
thousand seven hundred and sixteen.
George Jarvis
Signed, sealed, published and declared, by the
said testator, George Jarvis, as and for a codicil to be added to and be
part of his will above mentioned, in the presence of us who subscribed
our names as witnesses thereto, in the presence of us who subscribed our
names as witnesses thereto, in the presence of the said testator.
Tho. Merret Joshua Adams Job Montagu Hen. Montagu
A second codicil to be added to the last
will of me, George Jarvis of London, Merchant Taylor, bearing date the
nineteenth day of August in the year of Our Lord one thousand seven
hundred and fifteen. And I do make this codicil to be part thereof;
Whereas I have, by my last will, given and devised,
unto William Clarke, Richard Tapps and Lydia Jarvis, their heirs and
assigns, Lydia Jarvis, their heirs and assigns, all those my four fields
or enclosures of pasture ground lying in or near Maiden Lane in the
parish of Islington, containing by estimation twenty acres or
thereabouts (being copyhold of inheritance and by me surrendered to the
use of my last will) in trust for the sole benefit of my
granddaughter Sarah Norton, as in my said will is mentioned. I do
hereby revoke, disannul and make void the said devise in my said will,
and I do hereby give devise and bequeath, unto my daughter Lydia Jarvis,
her heirs and assigns, all those my said four fields or enclosures of
pasture ground lying or being in or near Maiden Lane in the said parish
of Islington, now let to Walter Sibbon, cow-keeper, to hold to her, her
heirs and assigns for ever;
And I do hereby direct that my body be interred in
my son and daughter Brown’s parish church, in the county of Hertford;
In witness whereof I have hereunto set my hand and
seal the twelfth day of April in the year of Our Lord one thousand seven
hundred and eighteen, George Jarvis.
Signed and sealed by the said George Jarvis, and
by him published and declared to be part of his will in the presence of
us who subscribed our names in the presence of the said testator. The
word ‘grand’ and the words ‘now let to Walter Sibbon, cow-keeper’ being
first interlined.
Thomas Wotton Matt. Hirkman Dumb. Smyth
Probatum fuit hujus modi testamentum apud London cum duobus
codicillis annexis dicesimo septimo die mensis Maii anno domini
millesimo septuigentesimo dicesimo octavo coram venerabili viro Eduardo
Kinaston Legum doctore surrogato venerabilis et egregii viri Johannis
Bettesworth legum etiam Doctoris curia praerogative Cantuariensis
Magistri custodis sive commissarii legitime constituti Juramentis
Agnetis Clarke uxoris Gulielmi Clarke, Elizabetha Tapps uxoris Richardi
Tapps Lydia Jarvis soluts et Maria Browne uxoris Gilberti Browne
armigeri filiarum dicti defuncti et executeirum in dicto testamento
nominatarum quibus commissa fuit administratio omnium et singulorum
bonorum jurium et creditorum dicti defuncti de bene et fideliter
administrando eadem ad sancta dei Evangelia jurat.
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