1841 England Census

 

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The Will of Thomas Banting

 

In the name of God Amen I Thomas Banting late of Pall Mall in the County of Middlesex Upholsterer and Cabinet maker but now of No 19 Circus Road Saint Johns Wood in the said County of Middlesex Gentleman do make this my last Will and Testament in writing and do hereby revoke all other Wills and Testamentary dispositions by me at any time heretofore made The Almighty having been graciously pleased in His goodness to remove from this transitory life my first wife Ann leaving me two sons William Banting now of No 27 Saint James Street Upholsterer and of The Terrace Kensington in the said County of Middlesex Gentleman and Thomas Banting now of Prospect Place Worthing in the County of Sussex Gentleman I do hereby appoint them my said sons Executors and trustees of this my Will  I give and bequeath the following legacies (that is to say) To Christopher Dix of Islington now Clerk to my son William Banting the sum of ten pounds of lawful money of the United Kingdom as a tribute of respect To Louisa Payne my female servant the sum of fifty pounds of lawful money if she should be in my service at the time of my decease for her separate use and benefit also as a tribute of respect to her  To each of the six youngest children of my said son William Banting, having already amply provided for the eldest son Thomas Banting, the sum of five hundred pounds of like lawful money (that is to say) To Mary Ann the wife of Mr Edward Westbrook of Heston Hounslow in the said County of Middlesex the sum of five hundred pounds for her separate use and benefit, To Charlotte Banting now residing with her father at Kensington the like sum of five hundred pounds for her separate use and benefit  To Amelia Banting of the same place the like sum of five hundred pounds for her separate use and benefit  To William Banting now with Mr Cubitt but residing at Kensington aforesaid the like sum of five hundred pounds  To Sophia Banting residing at the same place the like sum of five hundred pounds for her separate use and benefit and to Harriet Banting also residing at the same place the like sum of five hundred pounds for her separate use and benefit   I give and bequeath to my son the said Thomas Banting the sum of three thousand pounds of like lawful money as an equivalent for the said sums hereinbefore by me bequeathed to the said six children of my said son William Banting and I hereby declare and direct that all and every the said several legacies hereinbefore by me bequeathed or which I may at any time or times hereafter give or bequeath by any Codicil or Codicils to this my Will shall be paid free from legacy duty and shall respectively bear interest at and after the rate of four pounds per centum per annum from the day of my decease until the same shall be respectively paid I give and bequeath unto my present wife Mary an annuity or clear yearly sum of fifty pounds payable to her for and during the term of her natural life in equal half yearly portions the first of such half yearly portions to become payable and be paid at the expiration of six calendar months next after my decease and I hereby declare that in the event of the decease of my dear wife on any other day than one of the days upon which a half yearly portion of the said annuity shall be payable that then and in such case a proportionate part of the same shall be paid to the Executors or administrators of my said wife for the time which she shall have …. of the then current half year and I direct my Executors and Trustees out of my estate to appropriate in their names within twelve calendar months next after my decease a sufficient fund in three pounds per cent consolidated Bank annuities to answer by the dividends thereof at the period of appropriation the payment of the said annuity and such fund shall after the determination of the said annuity sink into and form part of my residuary personal estate I also give and bequeath unto my said wife Mary for her own absolute use and benefit all such stocks funds securities and other property of whatever nature or kind as the same may be which belonged to her at the time of our marriage and which at the time of my decease she or I in her ….. may be possessed of or entitled to   I give and bequeath my late dear wife’s gold watch and which I have permitted my present wife to use during my life unto the said Amelia Banting the daughter of my said son William Banting And whereas I am desirous that my said two sons should have the furniture wine books pictures prints linen plate household and other goods and effects of whatever kind the same may be which shall be in or about my house at the time of my decease save and except my late dear wife’s gold watch hereinbefore bequeathed and such articles and things as were the property of my wife Mary at the time of my marriage with her, the same having been all got together by their mother my said late dear wife and as my said wife Mary will in all probability after my decease reside with her own relatives in the Country but I hereby declare that my said wife Mary shall have the personal use and enjoyment of my house and of the said several articles and things in or about the same at the time of my decease for six calendar months therefrom after an Inventory shall have been carefully taken of the same in which will give her ample time to make arrangements for her future comfort in the Country or elsewhere and should she desire from and  after the expiration of such six calendar months to retain possession of any articles of furniture in particular during her life my said sons will meet my wishes in permitting her so to do but I do hereby declare it is not to be obligatory upon them but purely optional on their part and is not on any account to extend to my two family Bibles plate linen and other articles and things which my beloved first wife collected And whereas I have for many years made allowances to branches of my family and also to those of my late wife and have subscribed to several charities Now I leave it to the judgement of my said sons whether to continue or discontinue the same several allowances and subscriptions or any or either of them and to act with regard thereto respectively in such manner in all respects as they shall think proper but I expressly declare that it shall on no account be imperative upon them to continue the same payments or any or either of them And I give devise and bequeath all and every my real and Personal Estate and effects whatsoever and wheresoever and of or to which I or any person or persons in trust for me now am is or are or at the time of my decease may be seized possessed or entitled for any estate or interest whatsoever either in possession reversion remainder or expectancy or of which I have power to dispose by this my Will except what I otherwise dispose of by this my Will or any Codicil or Codicils thereto and subject to the payment of all and every my just debts funeral and testamentary expenses and the said several legacies and the said annuity hereby given and bequeathed by me and any other legacies or annuities which may at any time or times hereafter be given  or bequeathed by me by any Codicil or Codicils to this my Will unto my said sons William Banting and Thomas Banting their heirs executors administrators and assigns respectively in equal shares and proportions as tenants in common and not as joint tenants to and for their own absolute use and benefit  In witness whereof the Testator hath to this his last Will and Testament contained in three sheets of paper to the first and second sheets thereof subscribed his name and to the third and last sheet thereof subscribed his name and affixed his seal this fifth day of July one thousand eight hundred and forty five   

                                                              Thomas Banting

Signed sealed published and declared by the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto 

Arthur Walford solicitor   Piccadilly

Geo Hy Battiscombe of the same place his clerk

 

Proved at London the 16th July 1846 before the Worshipful Robert Joseph Phillimore Doctor of Laws and Surrogate by the oaths of William Banting and Thomas Banting the sons the Executors to whom administration was granted having been first sworn duly to administer.

 

 

This Will was kindly transcribed and sent in by Heather.

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