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The Will of James Archbell

 

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.

 

This Will was kindly transcribed and sent in by Sue.

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