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This is the last will and testament of me
James Archbell of High Street in the parish of Saint John
Wapping in the county of Middlesex Ship Chandler and Sail Maker
appoint my esteemed friends Thomas Chodwick of Courland House
Wandsworth Road in the county of Surrey Ship Owner, Thomas
Hubbuck the younger of East Smithfields in the said county of
Middlesex colour manufacturer and Andrew Stewart of No: 17 Dean
Street Commercial Road in the said county of Middlesex master
mariner Executors and Trustees of this my will. And I request
each of them to accept as a small acknowledgement of the trouble
he will have in the execution of my will the legacy of ten
guineas. In the first place I direct that all my funeral and
testamentary expenses and my just debts be paid as soon as
conveniently may be after my decease. I request my nephew John
Hewland in case my son James Archbell should be living and under
the age of twenty one years at my decease to undertake the
management of all my share of and in the said trade or business
of a ship chandler and sailmaker now carried on by me in
co-partnership with my said nephew and in my interest therein
together with all my share and interest of and in the stock in
trade household messuage and premises fixtures utensils of trade
and other things employed in the said trade or business at the
time of my decease and in all and singular the book and other
debts credits and effects of the said trade or business until my
said son James Archbell shall attain the age of twenty one years
and during that time to continue and carry on the said trade or
business for the benefit of my estate to the extent of ? share
or interest therein as I shall be entitled to at the time of my
decease and I recommend that my said nephew to continue my said
son as his apprentice and instruct him in the said trade or
business and that he shall upon his attaining the age of twenty
one years if he be so inclined be admitted a co-partner with my
said nephew in the aforesaid trade or business to the extent of
such share or interest therein as I shall be entitled to at the
time of my decease. An I hereby direct that my said executors
and trustees or the survivors of survivor of them or the
executors or administrators of such survivors or their or his
assigns or other the Trustees or trustee for the time being of
this my will shall advance and allow to my said nephew so much
cash as my said trustees or trustee for the time being shall
seem requisite and sufficient to enable my said nephew to carry
on the said trade or business for the purposes aforesaid in
pursuance of this my will. And I further direct that
immediately after my decease a valuation shall be made and taken
of all my share and interest in the said stock in trade
leasehold messuage and premises fixtures utensils of trade and
other things employed in the said trade or business and the book
and other debts credits and effects of the said trade or
business. And I hereby expressly authorise and empower my said
trustees or trustee for the time being to grant unto my said
nephew time for payment by such instalments upon such conditions
and in such manner in all respects as my said trustees or
trustee for the time being shall in their or his absolute
discretion think reasonable or proper of all such monies and
debts as may be due or owing to me from my said nephew on
account of the said co partnership or which may belong to my
estate for or on account of my share of the joint sock in trade
credits effects or assets of the said co partnership trade or
business ? case my said son James Archbell should not live to
attain the age of twenty one years or should upon his attaining
the age of twenty one years refuse or decline to continue a co
partner with my said nephew in the said trade or business of
ship chandlers and sail makers then I direct the whole of my
share and interest in the said joint stock in trade leasehold
premises fixtures and ? book and other debts credits and effects
to be offered to my said nephew upon such terms as my said
trustees or trustee for the time being shall think reasonable
and the price or consideration for the same to be paid by such
instalments in such manner and to remain upon such security (if
any) as my said trustees or trustee for the time being shall
think proper and in case my said nephew should die in my
lifetime and my said son James Archbell should be under the age
of twenty one years at the time of my decease, then I desire my
said trustees or trustee for the time being if they or he shall
think it expedient so to do to carry on my said trade or
business of a ship chandler and sailmaker in such manner and
with such discretionary powers as are hereinbefore mentioned and
given with reference to the carrying on of the same by my said
nephew and in any case I give and bequeath unto my said son
James Archbell on his attaining the age of twenty one years all
my share and interest in the said trade or business and the
stock in trade credits effects and assets employed therein and
belonging thereto at the time of my decease and in case the same
should be sold to my said nephew in manner aforesaid then I give
and bequeath the produce thereof until my said son James
Archbell on his attaining the age of twenty one years. I give
and bequeath unto my dear wife Mary Ann Archbell so long as she
shall remain my widow the use of all my household furniture
plate linen books china and all other my household effects and
fixtures which shall be in it upon or about my dwelling house at
the time of my decease. And I direct that a proper inventory of
such furniture and other articles so bequeathed to my said wife
during her widowhood be taken and kept by my said trustees or
trustee for the time being and immediately upon the death or
second marriage of my said wife I direct that the same furniture
and other articles shall be sold and the product thereof form
part of my general residuary estate. I also give and bequeath
unto my said wife the sum of one hundred pounds to be paid to
her as soon as possible and out of the first monies that can be
realised after my decease. I also give and bequeath unto my
said wife during such time as she shall continue my widow the
annual sum of two hundred and fifty pounds to commence from the
day of my decease and to be paid by equal half yearly payments
with a proportional part to complete the entire period from the
day of my decease to the day of her decease or second marriage
of my said wife. I give and bequeath unto my niece Elizabeth
Reid, wife of William Reid, master mariner the sum of one
hundred pounds for her separate use and benefit independently of
the control debts or engagements of her said husband or any
future husband and to be disposed of as she alone
notwithstanding coverture shall direct. I give and bequeath unto
my niece Mary Clark wife of Thomas Clark, Lighterman, the sum of
one hundred pounds for her separate use and benefit
independently of the control debts or engagements of her said
husband or any future husband and to be disposed of as she alone
notwithstanding ? goverture shall direct. I give and bequeath
the sum of one hundred pounds to Esther Harvey widow of Thomas
Harvey of Anchor and Hope Alley, Saint George in the East. I
give and bequest unto each of the three daughters of the said
Esther Harvey namely Emma Harvey, Maria Harvey and Eliza Harvey
the sum of nineteen guineas for her separate use and benefit. I
give and unto each of the three children of my said niece
Elizabeth Reid namely George Reid, William Reid, James Reid and
Elizabeth Reid the sum of nineteen guineas the said last
mentioned legacy of my said grand niece Elizabeth Reid to be for
her own separate use and benefit and as to all and singularly my
shares of and interests in any ships or vessels and all sums of
money due and payable to me upon securities at interest or
otherwise (not forming part of the stock in trade and effects of
the said trade or business) and all and singular the residue and
remainder of my personal estate and effects whatsoever and
wheresoever not hereinbefore effectually disposed of I give and
bequeath the same unto my said trustees or trustee for the time
being upon trust to convert the same into money at such time or
times upon such terms and conditions and in such manner in every
respect as they or he shall deem expedient with full
discretionary powers for my said trustees or trustee to retain
manage and deal with any ships or vessels or shares of ships or
vessels or other property to which I may be entitled at the time
of my decease in such manner and during such time as they or he
shall think fit and to pay satisfy compound or take personal or
other security for release waiver suspend or refer to
arbitration any sums of money debts amounts claims and demands
whatsoever which may be owing to or from or be made or advanced
on behalf of or from or against my estate in such manner and
upon such ? as my said trustees or trustee for the time being
may in their or his absolute discretion think fit whether the
same be legally enforceable or not. And I direct that my said
trustees or trustee for the time being that be possessed of the
clear process of my said residuary personal estate as the sauce
shall from time to time to use to their or his hands upon trust
to lay out and invest the same in or upon government or public
stocks or funds or real securities in England or Wales at
interest with power from time to time to alter and vary all or
any of such investments and to be possessed of the clear residue
of my personal estate not hereinbefore specifically disposed of
and the securities for the same and the profits interest
dividends and income arising therefrom. Upon trust in the first
place to pay out of the profits interest dividends and income
thereof to pay unto my said wife during her widowhood the said
annuity or yearly sum of two hundred and fifty pounds
hereinbefore bequeathed to her at the times and in manner
aforesaid and subject thereto to apply such sum or sums of money
as my said trustees or trustee for the time being shall think
fit for the board maintenance clothing and education of my said
son James Archbell and my daughter Eliza Archbell not exceeding
in any one year the sum of sixty pounds for each of my said two
children until they shall respectively attain the age of twenty
five years. And I further authorise and empower my said
trustees or trustee for the time being if they or he shall think
fit to advance to each of my children any sum or sums of money
not exceeding one hundred pounds apiece for mourning and other
purposes. I direct my said trustees or trustee for the time
being to be possessed of the clear residue and remainder of my
personal estate and effects not hereinbefore effectually
disposed of as to one equal third part thereof upon trust for my
daughter Mary Ann the wife of William Nutt of Droitwich in the
county of Worcester Painter for her separate and inalienable use
and benefit during her life free from the control debts and
engagements of her said husband or any future husband and
without power of anticipating the income therefrom and from and
immediately after her decease upon such trusts and for such ends
intents and purposes as my said daughter Mary Ann Nutt shall be
her last will and testament direct limit or appoint and subject
thereto in trust for such child or children of my said daughter
as shall attain the age of twenty one years or marry if more
than one in equal shares and proportions and in case there
should be no such child or children who shall live to attain
such age or marry, then (subject to any such appointment as
aforesaid) upon the trusts herein declared concerning the other
two third parts of my said residuary personal estate and as to
one other equal third part of my said residuary personal estate
upon trust for my said daughter Eliza Archbell for her separate
and inalienable use and benefit during her life free from the
control debts or engagements of any husband or husbands with
whom she may intermarry and without power of anticipating the
income therefrom and from and immediately after her decease upon
such trusts and for such ends intents and purposes as my said
daughter Eliza Archbell shall by her last will and testament
direct limit or appoint and subject thereto in trust for such
child or children of my daughter Eliza Archbell as shall attain
the age or twenty one years or marry if more than one in equal
shares and proportions and in case there should be no child or
children who shall live to attain such age or marry then subject
to any such appointment as aforesaid) upon the trusts herein
declared concerning the other two third parts of my said
residuary personal estate and as to the remaining equal third
part of my said residuary personal estate upon trust for my said
son James Archbell in case he should attain the age of twenty
five years and to apply the income in the discretion of my said
trustees or trustee for the time being for his benefit in the
meantime and in case my said son James Archbell should not
attain the age of twenty five years then from and immediately
after his decease upon trust and for such ends intents and
purposes as my said son James Archbell shall by his last will
and testament direct limit or appoint and subject thereto in
trust for such child or children of my said son James Archbell
as shall live to attain the age of twenty one years or marry if
more than one in equal shares and proportion and in case there
should be no such child or children who shall live to attain
such age or marry then subject to any such appointment as
aforesaid upon the trusts hereinbefore declared concerning the
other two third parts of my said residuary personal estate and
in case all my said three children Mary Ann Nutt, Eliza Archbell
and James Archbell should die without having or leaving any
child who shall live to attain the age of twenty one years or
marry then subject to any such appointments or appointment by
all or any of my said children as aforesaid upon trust as to all
such parts or part of my said residuary personal estate as is
not hereinbefore effectually disposed or for the absolute use
and benefit of my said two nieces Elizabeth Reid and Mary Clark
in equal shares and proportions or the survivor of them in case
either or them should die before me and their or her executors
administrators and assigns I authorise and empower my said
trustees or trustee for the time being after the decease of my
said two daughters Mary Ann Nutt and Eliza Archbell and my said
son James Archbell or any of them to apply the whole or a
competent part of the income arising from the expert and or
presumptive share or shares on my residuary personal estate of
any child or children of any such of my deceased children or
child who shall be under age and unmarried in or towards the
maintenance and education of such my infant and unmarried
grandchild or grandchildren and to invest the surplus thereof
and add the same to the capital of such share or respective
shares with power to apply the capital of any such accumulated
surplus in or towards the maintenance or education of the person
or persons for the time being presumptively entitled thereto and
|I hereby direct and declare the receipts and receipt of the
trustees or trustee for the time being acting under this my will
shall be good and sufficient discharges to any person or persons
paying any money or monies to such trustees or trustee for the
time being for the money or monies expressed in such receipt or
receipts to have been received and that the person or persons so
paying any such money or monies and taking any such receipt or
receipts as aforesaid shall not be answerable or accountable for
any loss misapplication or non application of such money or
monies or any part thereof. And I further direct and declare
that if any person hereby named or hereafter being a trustee of
this my will be now or should hereafter depart this life or
should go to reside out of or be absent for the space of a whole
year from England and Wales or should become bankrupt or take
the benefit of any act for the relief of insolvent debtors or
become as an insolvent subject to the jurisdiction of any court
or jurisdiction for administering the estates of insolvents or
should disclaim neglect refuse or be incapable to perform the
office of trustee or should desire to retire from the office of
trustee then and in any such case as aforesaid it shall be
lawful for the retiring trustees or trustee if any and if there
be no such trustee who shall be willing to exercise this power
for the continuing or surviving and competent trustees or
trustee and if there be no such trustee for any one executor or
administrator of the trustee who shall have last died in his
office and if there be no such person for my administrators or
administrator or one of my administrators by any writing attest
by one witness or more to appoint a trustee or trustees in the ?
of such person to whom jointly with the continuing trustees or
trustee for the time being of any the said trust funds property
and premises shall be duly transferred accordingly.
Nevertheless my trustees or trustee for the time being shall be
competent to act as such immediately after any such appointment
and before any such transfer of the said trust promises as
aforesaid. And I do hereby further declare that no trustee
under my will shall be charged or chargeable with or accountable
for any trust property funds or monies that shall not actually
be received by him or come to his hands not withstanding his
giving or joining in any receipt or receipts for the sake of
conformity and that no trustee under my will shall be answerable
for any act failure or default of his co-trustee or of any
broker banker or agent with whom any trust property under my
will shall be deposited or for the insufficiency of any security
or investment but only for his own wilful acts and defaults and
each of my said trustees for the time being may retain out of
the first trust monies that shall come to his hands and allow to
his co trustees all his and their costs changes expenses and
disbursements whatever in about or in relation to the
performance of the trusts of my will. And hereby revoking all
former wills and testaments I declare and publish this as my
last and only will and testament. In witness whereof I have to
this my last will and testament contained in nine sheets of
paper and to each of such nine sheets subscribed my hand this
eighteenth day of April in the year of our Lord one thousand
eight hundred and forty six. James Archbell. Signed published
and declared by the above named testator James Archbell as and
for his last will and testament in the joint presence of us who
in and before leaving his presence and in the presence of each
other have at his request hereunto subscribed our names as
witnesses. Tho. B. Cox, Sol. 33 Poultry – David Hy Stone, Sol,
33 Poultry.
This is a codicil to the last will and
testament of me James Archbell of High Street in the Parish of
St John, Wapping in the county of Middlesex Ship Chandler and
Sail Maker. Whereas in and by my will dated the eighteenth day
of April one thousand eight hundred and forty six I have given
unto my dear wife Mary Ann Archbell so long as she shall live
and remain my widow an annuity or yearly sum of two hundred and
fifty pounds payable half yearly to and for her own use and
benefit. Now it is my intent and will and I do hereby give unto
my said wife Mary Ann Archbell an annuity or yearly sum of three
hundred and fifty pounds instead of the annuity or yearly sum of
two hundred and fifty pounds given to her by my said will. And
I do hereby confirm my said wish in all respects except so far
as the same is hereby revoked or altered. In witness whereof I
the said James Archbell have hereunto set my hand this
thirteenth day of October in the year of our Lord one thousand
eight hundred and forty seven. James Archbell signed and
declared by the said James Archbell the testator as and for a
codicil to his last will and testament in the joint presence of
us who in and before leaving his presence and in the presence of
each other have hereunto subscribed our names as witnesses.
David Hy Stone, Sol, 33 Poultry, London. I Dias, Clerk to
Messrs Cox and Stone.
This is a second codicil to the last will
and testament of me James Archbell of High Street in the Parish
of of St John, Wapping in the county of Middlesex Ship Chandler
and Sail Maker. Whereas in and by my will dated the eighteenth
day of April one thousand eight hundred and forty six I have
given and bequeathed unto my dear wife Mary Ann Archbell so long
as she shall remain my widow the use of all my household
furniture plate linen books china and all other my household
effects and fixtures which shall be in or about my dwelling
house at the time of my decease. And whereas I have also in and
by my said will given unto my said dear wife as long as she
shall live and remain my widow an annuity or yearly sum of two
hundred and fifty pounds payable half yearly for her own use and
benefit and which said annuity I have by my first codicil to my
said will revoked and have by such codicil given to my said wife
an annuity or yearly sum of three hundred and fifty pounds
instead thereof. Now it is my mind and will and I do hereby
give and bequeath unto my said wife for her own benefit
absolutely and without any restrict whatsoever all my said
household furniture plate linen books china and all other my
household effects and fixtures which shall be in upon or about
my dwelling house at the time of my decease. And I also give
and bequeath until my said wife for and during her life the
aforesaid annuity or yearly sum of three hundred and fifty
pounds for her own absolute use and benefit and to be had and
enjoyed by her without any restriction whatsoever. And I do
hereby confirm my said will and first codicil respectively in
all respects except so far as the same respectively are hereby
altered or revoked. In witness whereof I the said James
Archbell have hereunto set my hand this second day of March in
the year of our Lord one thousand eight hundred and forty nine.
James Archbell. Signed and declares by the said James Archbell
the testator as and for a second codicil to his last will and
testament in the joint presence of us who in and before leaving
his presence and in the presence of each other have hereunto
subscribed our names as witnesses. David Hy Stone, Sol, 33
Poultry, London. F W Arkcoll, Clerk to Messrs Cox and Stone 33
Poultry, London.
Proved at London with two codicils 17th
February 1851 before the Worshipful ? Thomas Pratt Doctor of
Laws and Surrogate by the others of Thomas Chodwick and Thomas
Hubbuck formerly the younger, two of the executors to whom Admon
was granted having been first sworn duly to administer. Andrew
Stewart the other executor and one of the residuary legatees in
trust named in the will having renounced the probate and
execution of the said will and codicils and the letters of Admon
(with the same annexed) of the goods of the said deceased. |