Nat Gould

Will Of Francis Eld 1759

Will of Francis Eld 1759

I Francis Eld of the Middle Temple London Esquire do make this my last Will and Testament Imprimis [[Firstly] if I shall leave an Elder or Eldest Son I give devise and bequeath to him all my Estate real and personal except what I shall hereinafter give to any other of my Children And In Case I shall leave two Younger Children whether Sons or Daughters I will and direct that their Fortunes together with what they may be entitled to by Virtue of my Marriage Settlement shall be made up four thousand Pounds each but if I shall leave more than two Younger Children then my Will is that so much shall be paid among them as with what they may be intitled to by Virtue of my said Marriage Settlement shall make up ten thousand Pounds and if I shall leave but one Younger Child then I will that his or her Fortune with what he or she shall be entitled to by Virtue of my said Marriage Settlement shall be made up six thousand Pounds and In Case any of my Younger Children shall dye before they arrive at the Age of twenty one Years if sons or if daughters before arrive at the Age of twenty one Years or Marriage I do direct that the Share or Portion of him or her so dying shall survive and go equally among the remaining surviving Younger Children if more than one but in case there shall be but one surviving Younger Child such Younger Child shall not be entitled to the Benefit of such survivorship but I will that the Fortune of such only Younger Child shall together with what he or she shall be entitled to under my said Marriage Settlement be made up six thousand Pounds for his or her entire Fortune And In Case I shall leave no Son and only one daughter then I will and direct that her Fortune together with what she may be entitled to under my said Marriage Settlement be made up ten thousand Pounds And In Case I shall leave no Son or no Son that shall live to attain the Age of twenty one Years or be married then I give and devise all my Manors Lands Tenements and Hereditaments Tyths and real Estate of what nature and kind soever either in Possession Remainder Reversion or Expectancy To my Brother John Eld for his Life without Impeachment of Wast[[e] Remainder to Richard Edwards Esquire one of the Masters in Chancery and his Heirs during the Life of my said Brother In Trust to support and preserve the Contingent Remainders hereinafter mentioned from being defeated and destroyed but to permit and suffer my said Brother to receive and take to his own Use the Rents Issues and Profits thereof during his Life Remainder to my Nephew Francis Eld Son of my said Brother during his my said Nephews Life without Impeachment of Waste Remainder to the said Richard Edwards Esquire and his Heirs during the Life of my said Nephew In Trust to preserve the Contingent Remainders hereinafter mentioned from being defeated and destroyed nevertheless to permit and suffer my said Nephew Francis Eld to take and receive the Rents Issues and Profits thereof to his own use during his Life Remainder to the first Son of the Body of my said Nephew Francis Eld in Tail Male Remainder to the second and every other Son of my said Nephew severally and successively in Tail Male the Eldest always to be preferred Remainder to all and every other Son and Sons of the Body of my said Brother John Eld begotten or to be begotten and the Heirs Male of the Body or Bodies of such Son or Sons the Eldest always to be preferred Remainder to my Nephew Francis Waldron during the Term of his Life without Impeachment or Waste Remainder to the said Richard Edwards Esquire and his Heirs during the Life of my said Nephew Francis Waldron In Trust to preserve the Contingent Remainders hereinafter mentioned from being defeated or destroyed nevertheless to permit and suffer destroyed nevertheless to permit and suffer my said Nephew Francis Waldron to receive and take the Rents Issues and Profits thereof to his own use during his Life Remainder to the first and every other Son of the Body of my said Nephew Francis Waldron begotten or to be begotten in Tail Male the Eldest always to be preferred And In default of a Son of my said Nephew Francis Waldron I give and devise the same to my Cousin Thomas Eld one of the Registers of the Court of Chancery and his Heirs and in Case my said Real Estate shall come to my said Nephew Francis Waldron or any of his Sons I do direct that he and they do take and use my Surname and Arms And I will that all and every the Persons who shall become Tenants for Life under this my Will shall have Power to make Jointures upon their respective Wife or Wives not exceeding three hundred Pounds a Year for the Life or Lives of such Wife or Wives so as the same be punishable of waste And in Case I shall dye leaving no Son then I charge my personal Estate not hereinafter bequeathed so far as the same will extend with the Annuities and Legacies hereinafter given and if my personal Estate shall prove deficient for the Payment thereof then I charge my real Estate to make good the same I give to my Wife one Annuity of two hundred Pounds a Year for her Life over and above her Jointure to be paid half yearly the first Payment to be made immediately upon my decease I give to my Sister Ashby an Annuity of twenty Pounds a Year for her Life to Mrs. Jane Scrimshire forty Pounds a Year for her Life to my Servant Samuel Hanning (if living with me at my death) twenty Pounds a Year for his Life to my Niece Elizabeth Ashby ten Pounds a Year for her Life to my Niece Susan Daughter of my Sister Ashby ten Pounds a Year for her Life to my [[Niece Mary Ford Three pounds a year for her Life To my Servant Hannah Tabart if living with me at my death Six pounds a year for her Life to my inserted] Servant John Incledew if living with me at my death six Pounds a Year for his Life and to my old and late faithfull Servant Mary Hayward now Mary Turner six Pounds a Year for her Life but not to be subject to the Power or Controul of her present or any future Husband which several Annuities (Except the Annuity given to my Wife as aforesaid) I direct to be paid subject to the Conditions aforesaid half yearly the first Payments to be made at the End of the first six Months after my decease and my Will and Intention is that all and every the Annuities herein before given shall be subject to such a Proportion only of the Land Tax as shall from time to time be chargeable on my real Estate I give and bequeath to my aforesaid Cousin Thomas Eld one thousand Pounds to my Nephew Francis Waldron one thousand Pounds to my Nephew Francis Ashby fifty Pounds to my Nephew Michael Peake five hundred Pounds to my Nephew Thomas Peake three hundred Pounds to my Nephew John Waldron five hundred Pounds to my Niece Waldron five hundred Pounds to my Sister Mary Nevill and her daughter ten Pounds each To my Clerk William Ayrey for his respectfull Behaviour towards me two hundred Pounds to Mr. Thomas Leech Clerk of [the inserted] Publick Office ten Pounds to Jonathan Langley my Junior Clerk (if in my Office at my death) ten Pounds To Mr. Hopkins under Treasurer of the Middle Temple as a Mark of my Respect for him twenty Pounds to all and every my [[Servants inserted] that shall have lived with me one Year and be in my Service at the time of my decease (Except those to whom I have already given Annuities) ten Pounds each to my Friend Mr. Ed. Woodcock one hundred Pounds to William Butler of Houghton ten Pounds to my three Workmen at Seighford Vizt. [namely] Hill Bentley and Mills ten Pounds each to my Friends the Right Honourable Sir Thomas Clarke Knight Master of the Rolls the Right Honourable Lord Chief Baron Parker Richard Edwards Esqr. Master in Chancery and Richard Rainsford Esqr. two Guineas each for a Ring to Thomas Cotton late of Seighford four hundred Pounds and as to the Residuum of my Personal Estate after Payment of my debts Legacies and funeral Expences and other Charges incident to the Trust of this my Will I direct the same to be laid out and invested in Lands Tenements and Hereditaments to be settled upon the same Persons and to the same uses and under the same Limitations and Conditions as my real Estate is hereby made subject or liable to I give to my Brother John Eld all the Plate and Furniture which shall be at my House at Seighford at the time of my death together with all my Stock of Horses Cattle Utensils of Husbandry Corn and Grain which shall then be at Seighford aforesaid And I will that my Pictures there shall be preserved and go along with the House as Heir Looms so far as by Law they can And I recommend that the Picture of my late worthy Friend Sir John Salter Knight formerly Lord Mayor of London may be particularly preserved and taken care of I annex the following Conditions to go along with my Estate in whose Possession soever the same shall happen to come Vizt. [[namely] that no Person to whom my said Estate shall come shall stand a Candidate or ask Votes for himself to represent the Borough of Stafford in Parliament And in Case any Person who shall take by Virtue of this my Will shall stand a Candidate or ask Votes as aforesaid such Person shall forfeit all Benefit and Advantage under this devise and the Person next in Remainder shall take in the same manner as he would be entitled to do if the Person so standing Candidate or asking Votes as aforesaid were actually dead With Regard to my Funeral I desire to be privately buried in my Chancel at Seighford and to be carried to my Grave by six of my Seighford Tenants who shall have the largest Holdings under me And I will that each Bearer shall have a Suit of Dark Grey Cloaths made of Cloth of about four Shillings and six Pence a Yard together with black Hose Gloves and Hatbands I give all my Wearing Apparel (my Gold Watch excepted) to my Servant John Incledew if living with me at my death or to such other Servant who shall have attended me in his Stead for the Space of one year next preceeding my death my Gold Watch I give to my Niece Eld lastly I constitute and appoint my beloved Wife one of my Executors and subjoin to her (that she may have but little Trouble) my Brother John Eld my Cousin Thomas Eld and my Clerk William Ayrey as Executors and Trustees of this my Will who I know will justly and equitably settle any Controversy that m[[a]y spring in this my Will And I direct that my said Will be proved in the Court of Chancery for the Ease and Safety of my said Executors and Trustees under the Sollicitation of Mr. Ed. Woodcock whom I direct to be paid for the same notwithstanding the Legacy hereinbefore given to him In Witness whereof I have set my Hand and Seal to this Will or Instrument this third day of February one thousand seven hundred and fifty nine. Fran: Elld. signed Sealed Published and declared by the Testator Francis Eld in the Presence of us who have respectively subscribed our names as Witnesses in the Presence of the said Testator and in the Presence of each other of us the third day of February one thousand seven hundred and fifty nine. Hen: Nowell Cl[[er]k. to John Waple Esqr., Rd. Nowell 2d Cl[[erk]. to John Waple Esqr., Ele: Holdsworth Dep[[u]ty. Reg[[istra]r. of Affid[[avi]ts.

[[First Codicil]

I Give to my Wife my House in Bedford Row with all the Plate and Furniture therein I also give her my Coach and such Pair of Horses she shall choose out of all my Stock I also give her such English Books as she shall elect to take for her own Reading the Rest of my Books I give to my Nephew Fran. Eld in Witness hereof I have wrote this Codicil with my own Hand after the makeing & publishing my Will. Fran: Eld Marh. the 23: 1759.

[[Second Codicil]

Whereas I have since the makeing my Will purchased Lands & Tenements and contracted for others and caused some to be contracted for In Trust for me but the Conveyances not yet made now I do hereby will direct and appoint all the Lands purchased as also those contracted for as aforesaid shall go to the same Uses Limitations and Purposes as the Lands in my Will are made lyable to and subject to the same Conditions and Charges and I will and direct that my Nephew Michl. Peakes Legacy shall be made up eight hundred Pounds In Witness hereof I have set my Hand and Seal the twenty [[eighth inserted] day of Novr. 1759. Fran: Eld. Signed Sealed Published and declared in the Presence of us who signed our names in the Presence of each other of us and in the Presence of the Testator. Susannah Harrison, Mary Johnson, Thomas Key all Servants to Mr. Eld.

[[Third Codicil]
Feby. the 11th. 1760

I will that Mr. Ayreyes Legacy be made up four hundred Pounds and my Servant Engledues Annuity ten Pounds a Year for his Life both to be provided out of my personal Estate. Witness my Hand. Fran: Eld.

[[Affidavit]

Appeared Personally Thomas Leech of Staple Inn London Gentleman and Edward Ainge of Grays Inn in the County of Middlesex Gentleman and by Virtue of their Oaths taken upon the Holy Evangelists to depose the Truth said and deposed as follows to wit the said Thomas Leech for himself saith that he hath been acquainted with Francis Eld Esqr. late of the Middle Temple London but in the Parish of St. Andrew Holborn in the County of Middlesex deceased for thirty five Years and upwards and to the time of his death which happened on the fifth day of March instant and the said Edward Ainge saith that he hath been well acquainted with the said deceased for twenty Years and upwards and to the time of his death and both these Deponents say and depose that they have also been well acquainted with the said deceased’s manner and Character of Handwriting and subscribing his name and having often seen him write and write and subscribe his name and having now seen and carefully perused two Codicils annexed to the last Will and Testament of the said deceased and which are annexed to this Affidavit the first of the said Codicils beginning thus “I give to my Wife my House in Bedford Row” and ending thus “In Witness hereof I have wrote this Codicil with my own Hand after the makeing and publishing my Will Marh the 23: 1759” and thus subscribed “Fran: Eld” the other of the said Codicils beginning thus “Feby. the 11th. 1760 I will that Mr. Ayreys” and ending thus “Witness my Hand” and thus subscribed “Fran. Eld” they these deponents do verily and in their consciences believe the whole Body and Series of the said two Codicils and the Subscriptions thereto to be all totally wrote and subscribed with and to be of the proper Handwriting and subscribing of the said Francis Eld Esqr. deceased. Tho: Leech Edward Ainge the day aforesaid the said Thomas Leech and Edward Ainge were sworn to the Truth of this Affidavit before me And: Coltee Ducarel Surrogate, Present Thos. Tyndall N[[otary] P[[ublic].

[[Probate]

This Will was proved at London with three Codicils the fifteenth day of March in the Year of our Lord one thousand seven hundred and sixty before the Worshipfull Andrew Coltee Ducarel Doctor of Laws and Surrogate of the Right Worshipfull Edward Simpson also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Eld Esquire the Brother of the Deceased and Thomas Eld Esqr. two of the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased they having been first sworn duly to administer. Power reserved of making the like Grant to Ann Eld Widow the Relict of the said deceased and William Ayrey the other Executors named in the said Will when they or either of them shall apply for the same. Ex[[amine]d.