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Help and advice for Will of Lt. William Browne, Stoke Damarel 1833

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Will of William Browne, Lieutenant of the Royal Artificers of Plymouth Dock, Devon

30 April 1833

© Crown Copyright

National Archives: PROB 11/1814

Records of the Prerogative Court of Canterbury

Farquhar Quire Numbers: 201 - 250

Transcribed by Ian Hearder

I Wm Browne Lieutenant of the Royal Artificers and now residing at Plymouth Dock in the County of Devon being in good health and of sound mind and memory and understanding but knowing the uncertainty of life, do make and publish this my last will and testament in manner following - first and principally I commend my soul into the hands of Almighty God who gave it me and my body to the earth to be decently buried at the discretion of my executors hereinafter named: and I do direct that if I shall die in the Neighbourhood of Plymouth Dock that I may be buried in the same grave with my late beloved wife and my two dear deceased daughters in the Churchyard of Stoake Damerel in the said County of Devon and that the said grave be made into a vault for the reception of any others of my family with a decent stone by way of monument over the same. I give and bequeath to my present wife Frances Browne the sum of ten pounds only. She being very amply provided for by a settlement made previous to our marriage. Item. I give and bequeath to my dear daughter Maria Browne all singular my household and other goods plate bed and table linen china earthenware books and all other my furniture whatsoever for her own use and benefit. Item. I give and bequeath to my dear Grandson William Alexander Browne my snuff box and cane. And all the rest residue and remainder of my monies securities for money monies in the public funds goods chattels personal and testamentary estate and effects whatsoever and wheresoever which I may be possessed of-interested in-or entitled untoat the time of my decease subject nevertheless to the payment of my depts funeral expences and the charge of proving this my will. and of carrying the trust thereof into execution. I give and bequeath the same unto William Foot. William Symons Foot and Daniel Little junior Gentleman and Jhon Wheeler, Cordwainer all of Plymouth Dock aforesaid upon the trusts neverthe less and to and for the ends intents and purposes hereinafter mentioned concerning the same viz. As to one fifth part or share thereof upon trust that they my said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall pay the interest dividend and produce thereof as the same shall respectively come in and be received. Unto my Eldest daughter Elizabeth the wife of Thomas Wingett for and during the term of her Natural life separate and apart from her present or any future husband And so as that same or any part thereof shall not be subject or liable to the controul depts or Engagenents of the said Thomas Wingett or of any future husband with whom she may intermarry And that the receipts alone of the said Elizabeth Wingett Notwithstanding her Coverture shall be the only good discharge to my said trustees. And from and immediately after the decease of my said daughter Elizabeth Wingett upon trust that they my said trustees or the survivors or survivor of them or the executors or administrators of such survivors do and shall assign transfer and pay over the said one fifth part unto and amongst all and every the children of the said Elizabeth Wingett that shall be living at the time of her decease equally to be divided between them share and share alike and to be vested in them respectively when and as they shall severally attain the age of twenty one years. And in case any or either of such children shall happen to die under the age of twenty one years then it is My Will and Meaning that the share and shares of him her or them shall go unto and be paid assigned and transferred unto and equally and amongst the survivors or unto the only survivor of such children at the age aforesaid but in case there shall be no children or child of my said daughter Elizabeth Wingett or being such all of them shall happen to die under the said age of twenty one years then the said one fifth part or share shall be in trust for the person or persons who by the bequests in this my will may be entitled to the other four shares of said residuary estate in the same proportions manner and form and to be vested and payable at the same times as is herein mentioned concerning the original share respectively. And as to one other fifth part or share of my said residuary personal estate and effects upon trust as to the interest and yearly produce thereof for the seperate use of my daughter Sarah Richards Wife of John Richards for and during the term of her natural life and after her death as to the principal and interest thereof for the benefit of the child or children of the said Sarah Richards in the same manner as is heretofore directed concerning the share of the said Elizabeth Wingett and in case my said daughter Sarah Richards shall have no such children or child or haveing such all of them shall die under the age of twenty one years then the said one fifth part or share of the said Sarah Richards shall be in trust for the person or persons who by the bequests of this my will may be intitled to the other four shares of my said residuary estate in same proportions manner and form and to be vested and payable at the same time as is herein mentioned concerning their original shares respectively And to one other fifth part or share of my said residuary personal estate and effects upon trust as to the interest and yearly produce thereof for the seperate use of my daughter Maria Browne for and during the term of her natural life and after her death as to the principal and interest thereof for the benefit of the child or children of the said Maria Browne in the same manner as is herebefore directed concerning the share of the said Elizabeth Wingett. And in case my said daughter Maria Browne shall leave no such children or child or haveing such all of them shall happen to die under the age of twenty one years, then the said one fifth part or share of the said Maria Browne shall be in trust for the person and persons who by the bequests of this my will may be intitled to the other four parts of my said residuary estate in the same proportions manner and form and to be vested and payable at the same time as is herein mentioned concerning the original shares respectively it being my express Will and Meaning that no husband of either of my said three daughters shall have any control over or right or title Whatsoever in or to any part of my Estate or Effects - And as to one other fifth part or share of my said residuary personal estate and effects upon trust that they my said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall after the Minority of My Grandson William Alexander Browne if at the time of my death he shall be under the age of twenty one years pay and apply the interest dividends and produce thereof as the same shall respectively come in and be received for and towards his maintainance support untill he attain such age as is aforesaid And when and as soon as he shall attain the said age of twenty one years upon trust to assign transfer and pay over all and singular the said one fifth part of the said residuary personal estate unto him the said William Alexander Browne his executors or administrators for his or their use and benefit. But in case the said William Alexander Browne shall happen to die under the said age of twenty one years then the said one fifth part or share of the said William Alexander Browne shall be in trust for the person or persons who by the bequests of this my will may be intitled to the other four shares of my said residuary estate in the same proportions manner and form and to be vested and payable at the same time as is herein mentioned concerning their original shares respectively - And as to the remaining one fifth part or share of my said residuary personal estate and effects upon trust that they my said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall during the Minority of My Grandson William Francis Buchan / if his father my son in law Mr John Buchan shall so long live / receive and take the interest dividends and produce of the said last mentioned one fifth part and place out and invest the same to accumulate in the three pounds per centum Consolidated Annuities Untill he shall have attained the age of twenty one years - And When and as soon as he shall attain that age upon trust to assign transfer and pay over all and singular the said last mentioned one fifth part of my said residuary personal estate together with all the interest shall by that time have accumulated unto him the said William Francis Buchan his executors or administrators for his or their own use and benefit. But in case of the death of the said John Buchan during the minority of the said William Francis Buchan his son then upon trust to pay and apply the interest dividends and produce of the said last mentioned one fifth part as the same shall respectively come in and be received for and towards the maintainance education and support of the said William Francis Buchan Untill he attain such age as aforesaid. But in case the said William Frances Buchan happen to die under the said age of twenty one years then the said last mentioned fifth part or share of the said William Frances Buchan and the accumulation thereof shall be in trust for the person or persons who by the bequests of this my will may be intitled to the other four shares of my said residuary estate in the same proportions manner and form and to be vested and payable at the same time as is herein mentioned Concerning other original shares respectively provided always and I do hereby expressly declare that it shall and may be lawfull for my said trustees and the survivors and survivor of them and the executors or administrators of such survivor from and after the deaths of my said three daughters any or either of them and during the minority of their children respectively to pay and apply all or any part of the interest and dividends of their several shares in their maintainance and education respectively and for the due performance of this my Will I do hereby Nominate Constitute and Appoint the said William Foot, William Symons Foot, Daniel Little junior and John Wheeler Joint Executors in trust thereof provided also and I do hereby declare that my said trustees and executors any or either of them any or either of their Executors or Administrators shall not be answerable for or chargeable with more monies or other properties than shall come to their hands respectively nor with or for any loss that may happen thereto by the failure of any Banker Broker or otherwise so as the same happen without their wilfull default, nor the one of them for the other or others of them on the acts deeds receipts payments neglects or defaults of the other or others of them but each and every of them for his and their own only And that they may respectively out of my trust monies and effects reimburse themselves and pay to their co trustees respectively all sums of money losses costs charges damages and expences which they may respectively pay bear sustain or be put unto in the Execution of the trusts hereby in them Reposed or any of them or by Reason or Means of any matter or thing in anywise relating thereto And lastly, I do hereby Revoke all former Wills made by me at any time and do declare this to be my last Will and testament in witness thereof I have to the first four sheets of this my last will and testament contained in five sheets of paper set my hand and to this fifth and last sheet my hand and seal this twentieth day of May 1822

Wm Browne

signed sealed published and declared
by the said Testator William Browne as
and for his last will and testament in
the presence of us
                 Josias Foot    James Gilbard

the above is a copy of the Will of Lieut William Browne the Original of Which is lodged in my hands for safe custody this 22nd day of May 1822 William Foot Attorney and Notary Public Plymouth Dock

Copy of Codicil to the Will of Lieut Wm Browne dated 31 October 1831 - the original in the Custody of Mr Wm Foot Attorney and Notary Devonport-
    Whereas I William Browne Lieutenant of the Royal Sappers have by my last will and testament bearing date the twentieth day of May one thousand eight hundred and twenty two given and bequeathed unto my daughter Maria Browne all and singular my household and other goods plate bed and table linen china earthenware books and all other my furniture whatsoever and wheresoever for her own use and benefit and whereas my said daughter Maria Browne has since married and is now the wife of William Pike junior, and I am now desirous that the said household and other goods plate bed and table linen china earthenware books and all other my said furniture Whatsoever and Wheresoever shall be equally shared and divided between my three Daughters Elizabeth Wingett Sarah Richards the said Maria Pike and my two Grandsons William Alexander Browne and William Francis Buchan. Now therefore by this Codicil to my said Will I do hereby Revoke the said Recited bequest and in lieu thereof do give and bequeath all and singular my said household books and all other my said furniture whatsoever and wheresoever unto my said three daughters and two Grandsons to be equally divided between them share and share alike. And whereas I have by my said Will appointed William Foot William Symons Foot Daniel Little junior and John Wheeler joint trustees and Executors of my said will for the purposes therein mentioned. And whereas the said William Symons Foot is since dead and whereas my said two Grandsons William Alexander Browne and William Francis Buchan have severally attained their age of twenty one years since the making of my said will. Now I do therefore by this Codicil to my said Will Nominate and appoint the said William Alexander Browne and William Francis Buchan to be trustees and Executors of my said Will jointly with the said William Foot Daniel Little junior and John Wheeler for the purposes therein mentioned or for such and so many of them as are now necessary to take effect. In witness thereof I have to this Codicil to my said will set my hand and seal this thirty first day of October one thousand eight hundred and thirty one

Wm Browne

Signed sealed published and declared by the said William Browne as and for a Codicil to his said Will in the presence of

George Tucker     William Ellis

The above is a copy of Codicil to the Will of Lieut Browne lodged in my hands for safe custody this thirty first day of October 1831.

William Foot Solicitor and Notary Devonport