Will of Henry Maingay, a Commander in H.M. Navy
Proved 6 January 1847
© Crown Copyright
PROB 11/2049/18, Records of the Prerogative Court of Canterbury
Transcribed by Dinny Cope (DFHS Member 20688) and Richard Cope
[Henry Maingay was son of John Maingy, Merchant, Guernsey; husband of Harriet Smith dtr of Rev. Smith of Meavy, Devon]
This is the last will and testament of me HENRY MAINGAY now of St Budeaux in the County of Devon, a Commander in Her Majesty's Navy.
I give and bequeath unto my brothers JOHN MAINGAY of the Island of Guernsey Esquire and CHARLES MAINGAY of Naples, Merchant and unto my brothers-in-law ELIAS LAWRENCE of Chatham in the County of Kent Esq. Commander of the Royal Marines there and HENRY TREFUSIS SMITH of Devonport in the County of Devon, Gentleman their executors and administrators and assigns all and every sum or sums of money which at the time of my decease shall be standing in my name in the three and a half per cent secured annuities and in the French, Dutch, Neapolitan and Belgian funds and also the monies or so much thereof as shall remain but at the time of my decease which I have advanced and laid out at interest in the Great Western Railway and on the mortgage in London together with the securities upon which the same are so invested as aforesaid upon the Trusts following (that is to say)
Upon Trust that they, the said JOHN MAINGAY, CHARLES MAINGAY, ELIAS LAWRENCE and HENRY TREFUSIS SMITH and the survivors and survivor of them and the Executors and Administrators of such survivor, to and shall from time to time pay the interest, dividends, and annual produce of the said Trust Monies and the Stocks, Funds and Securities in or upon which the same shall and may from time to time be laid out and invested to or permit the same to be received by my dear wife HARRIET MAINGAY and her assigns for her and their own proper use and benefit during her natural life and from and immediately after her decease
Then as to and remaining the said sums of money stocks, funds and securities aforesaid and the dividends, interest and annual product thereforth to arise therefrom in Trust in the first place to pay thereout the following legacies (that is to say)
To my nieces HARRIET MAINGAY daughter of my said brother JOHN MAINGAY; EMMA MAINGAY daughter of my late brother PETER MAINGAY deceased and HARRIET ELIZABETH MAINGAY daughter of my said brother CHARLES MAINGAY the sum of £100 each and my will and intention expressly is that my said three nieces being my Godchildren shall have and receive the said legacies of £100 each exclusive of and over and above the shares and portions which they shall be entitled to out of the residue hereinafter disposed of, of the aforesaid Trust Monies , stocks, funds and securities and dividends, interest and proceeds to arise therefrom and that the said legacies shall not be brought into ... and after payment of the said legacies then in Trust to pay, apply and dispose of the residue of the aforesaid sums of money, stocks, funds and securities and the dividends, interest and annual produce thereof unto and amongst all and every the child and children of my said brothers the said JOHN MAINGAY, PETER MAINGAY deceased and CHARLES MAINGAY for the absolute use and benefit of such child and children respectively in equal shares per capita and not per ... and to be paid, assigned and transferred to them as they shall respectively attain the age of 21 years.
The foregoing Trust Monies being the portion of property which I inherited from my own father and
concerning all other sum and sums of money which at the time of my decease may be standing in my name in the three per cent consolidated annuities together with all other monies placed out at interest and all my furniture, plate, linen china, books, pictures, wearing apparel and all the rest or residue and remainder of my estate and effects whatsoever and wheresoever of which I shall be possessed at the time of my decease I give and bequeath the same and every part thereof unto my said wife to and for her own absolute use and benefit provided always and I hereby declare that my said Trustees hereby appointed and each and every of them and the heirs, executors and administrators of each and every of them shall be charged and chargeable respectively for such monies only as they respectively shall actually receive by virtue of the Trusts hereby in them reposed not withstanding any of their or them giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary costs and that it shall and may be lawful for them with and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid to retain to and reimburse themselves respectively and also to allow the respective co-Trustees or co-trustee all costs, charges, damages and expenses which they or any of them shall or may suffer, sustain, expend, disburse, bear or be part unto in or about the execution of the aforesaid Trust or in relation thereunto and
do hereby nominate and appoint the said JOHN MAINGAY, CHARLES MAINGAY, ELIAS LAWRENCE and HENRY TREFUSIS SMITH Executors of this my will and revoke all former wills and codicils by me or at any time heretofor made in witness whereof I have to this my last Will and Testament written on two sheets of paper set my hand this 9th day of October 1841 (signature Henry Maingay) signed by the said Henry Maingay the Testator as his last will and testament in the presence of us being present at the same time who at his request and in his presence and in the presence of each other subscribe our names as witnesses
Clerks to HM Solicitors, Devonport
PROVED at London 6 January 1847 before the judge by the oaths of
ELIAS LAWRENCE ESQ.
HENRY TREFUSIS SMITH ESQ.
Two of the Executors to whom action was granted having been first sworn by ... duly to administration power reserved of making the life grants to JOHN MAINGAY and CHARLES MAINGAY ESQ'S the brothers, the other Executors when they shall apply for the same.