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The Will of John Fryer

 

In the Name of God Amen I John Fryer of Upper Homerton in the County of Middlesex Sugar refiner do make and publish and declare this to be my last will and testament in manner following

First I desire that all my just debts funeral and other testamentary expences may be paid so soon as conveniently may be that my funeral mau be conducted in as plan neat and becoming manner as my situation in life may warrant without ostentation and that my eremains may be deposited in a vault belonging to me in Hackney new Church Yard in which the remains of my two dear little infants are and I particularly request to be interred in oak and leaded coffins and I give devise and bequeath to my nephew William Fryer now in London and my nephew Christopher Fryer now of Masham in Yorkshire the eldest sons of my brother George Fryer all that my freehold three pan sugar house with the two dwelling houses adjoining the same situate in Duncan Street Whitechapel in the County of Middlesex and together with the one pan scum house yards gardens and premises to the same belonging or appertaining And also all the utensils fix.. .. and place in upon and belonging to the same sugar houses and premises and as the same is now worked by me and my partner to hold to the same to them the said William Fryer and Christopher Fryer their heirs and assigns as tenants in common and not as joint tenants all which before mentioned freehold premises with the repairs alterations and improvements made by me when I purchased the same a few years ago cost the sum of at least eight thousand poundes[£8,000] And in case my said two nephews should not think of working the same on their own account or joining any person therein then it my earnest desire that they will let my present partner ?Harm Rolirs? have a refusal of a lease thereof or let him the same for a shorter terms as they may think fit and as the articles of Partnership between men and my present partner in case of the death of either the sugar house is to be worked out and the captial of such deceased partner to be ascertained and paid over to the representatives of such decased partner as by the said articles are stipulated Or it may probably happen that there may be other monies in the funds or elsewhere belonging to me which may be sufficient to answer the bequest following

I give and bequeath to my wife Elizabeth Fryer my brother George Fryer of Holm Ing in the North Riding of Yorkshire farmer and my friend Ottiwell Tomlin of Richmond in the same County solicitor the sum of ten thousand pounds [£10,000] that they the said Elizabeth Fryer, George Fryer and Ottiwell Tomlin do lay out the same in their names in some of the Government funds and authorize and allow my said dear wife to receive the dividends and interest thereof during her life for her own absolute use and benefit And form and after the decease of my said wife Elizabeth Fryer then as to one half part of the said sum of ten thousand pounds as ?...? half of the stocks or funds in which the same may then be invested I give and bequeath the same to all and every my nephews and neices the sons and daughter of my said brother George Fryer who may live to attain the age or ages of twenty one years save and except my said two nephews William Fryer and Christopher Fryer share and share alike and in case any of my nephews or neices may be above such age of twenty one years at the event of my said dear wife dceased then I do dirent that the sahre or shares of him her or them who may be above that age of and in the said sum or stock may be paid to him her or them respectively as soon as conveniently may be and the interest upon the shares of such of them as shall be minors of and in the said sum or stock to be applied to their maintenance and education till them may attain that age And as to the other half part of the said sum of ten thousand pounds or as to one half of the said stocks or funds in which the same may then be invested I give and bequeath the same to all and every my nephews and nieces the sons and daughter of my sister Mary Raper of Harmby in the said county of York who may live to attain the age or ages of twenty one years share and share alike and in the same manner as the bequest last mentioned to my brother’s family save only that it most ?...? the event of the decease of my said wife may happen while they are all minors and then and in that case do direct that their interest or dividends of such half part of such stocks or funds may be paid into the hands of my said sister Mary Raper for the sole maintenance and education of such children during their resepctive minority and her receipts alone to be a sufficient discharge to my said trustees for the same And whereas it may be considered as undutiful in me in not naming my father in any of the bequests in my will but as I am well aware that he has considerable property and a very sufficient income independent of me I trust I shall stand acquitted by disposing of it to ?...? those co..? may stand more in word and ?...? is my generation have naturally a claim upon me theretofore I give and bequeath to my orphan nephew William Fryer Tomlin son of my late dear sister Margaret Tomlin by her late husband John Tomlin the sum of one thousand five hundred pounds [£1,500] to be paid to him when he attains the age of twenty one years and I do direct that in the mean time the interest or dividend of such may be applied towards his maintenance and education or as an apprentice fee in placing him to any business or profession he may carry out as ? If ?.chool th.? ?....? or his education and maintenance is already pretty well provided for I do direct that the surplus of such interest and dividends after applying any part thereof for such purposes as aforesaid may be laid out in such funds and accumulate with the principal till such time as he attains such age as twenty one years and as my trustees hereinafter mentioned may think best for his future welfare and prospects in life I give and bequeath to my sister Mary Raper the sum of two hundred pounds [£200] to be paid to her so soon as conveniently after my decease and I do direct that her receipt alone for the same shall be sufficient discharge to my executors I give and bequeath to my said dear wife the sum of three hundred pounds [£300] to be paid to her within one month after my deceased I also give and bequeath to her all my estate ?term? interest that I may have in the lease of my dwelling house and premises at Upper Homerton aforesaid I also give and bequeath to her all my wines and spiritous liquors which may be in the cellars thereof at the time of my decease to and for her own use and benefit and as to my furniture linen books and place in my dwelling house at Upper Homerton aforesaid is very handsome and of considerable calue and as I and my said wife both anticipated the greatest happiness had we lived and had it plesed the Almighty to have spared out lovely daughter to have seen her enjoy the same when we from age or infirmity might not have much occasion for such thinks I feel a particular wish that the same may be enjoyed by some of the branches of my family after my said wife’s decease Now I do hereby direct and decalre that my said dear wife shall have the ?...? and uninterupted use and enjoyment of all such furniture linen books and plate during her life and that after my decease she will furnish an account or schedule of most of the principal articles thereof and provided also that she keep the said furniture linen books and plate fully insured from fire during the time she may have the use of the same but in case my said wife should happen to marry again then I do particularly desire that my Trustees yupon or previous to such an event taking place do take such measure and securities from her and such intended other husband as will most effectually secure all such furniture linen books and plate from at all being subject to the debts ?control? or engagements of her or of such after taken husband reasonable use and ?receiveing? thereof during her life only excepted and from and after my said wife’s dceased Then I do give and bequeath all my plate and plated goods whatsoever and wheresoever unto my dear nephews William Fryer Tomlin. I also give unto the said William Fryer Tomlin my best mahogany dining table also the rose wood drawing room suit of card and other tables and all the drawing room chairs in imitation rosewood to and for his own use and benefit I give and bequeath to my said nephews William Fryer and Christopher Fryer all my books together with the mahogany book case in which they are placed and as the trusts of this mty will may be of rather long duration I think from the age of my two nephews it would be desirable to add their names as Trustees in this my will as their younger brothers and sisters and Mrs Raper’s children are interested and events might happen to my other Trustees which might preclude their seeing the bequests carried unto effect And now as to all the rest of my furniture linen glass china and other property that may be in my said house at Upper Homerton after my said wife’s decease and all the rest residue and remainder of my estate and effects whatsoever and wheresoever including all my wardrobe I give and bequeath the same to my said brother George Fryer to and for his own use and benefit I desire mourning suits may be given to such friends as my executrix and executors may think proper and that mourning may be given to the clerks in Duncan street and thr servants in Upper Homerton And constitute and appoint my said dear wife Elizabeth Fryer my brother George Fryer and my worthy friend Ottiwel Tomlin executrix and executors of this my will And I also constitute and appoint the said George Fryer Ottiwell Tomlin William Fryer and Christopher Fryer Trustees of this my will for allt he purposes aforesaid And I hereby give and bequeath to each of my said Trustees the sum of One hundred and fifty pounds [£150] unless any of them refuse to Act for the trouble they and each of them may have in carrying my intentions into execution and I do desire ?the said executors will re..ber ?.. themselves all reasonable expences this may be at or put unto as ?pertaining? the same and that more of my trustees shall be answerable or accountable for the ?..? deeds rec ?............? defaults of the other or others of than out each or that only for this own ?.......................? acts deeds receipts neglects or defaults And lastly I do hereby ?....? all former and other wills by me at any time heretofore made and I do declare this only to be my last will and testament In witness where of I have to this my last will and testament contained in six pages.... set my hand and seal..... twelfth day of February One Thousand Eight Hundred and Twenty Three 1823

Jno Fryer

 

3 witnesses... Sam; Barger ? Wm Stanningly Adam Stanningly

 

Codicil added 17 April 1823

I have recollected that the probate and other duties will be very considerable.... I do not know when I shall ever be able to go to London again.... should such probate duties amount to a larger sum that I expected and my dear father insist upon calling in at mty death the sum of three thousand one hundred pounds [£3,100] for which he holds my note I am rather apprehensive I have been more liberal in my bequests than I am justified but as my dear father cannot have occasion for that particular sum of money and it was advanced to me on the purchase of Duncan Street freehold which is now left to the persons it would under all circumstances ultimately se...? to I think it more probable my dear father will forgo at calling in of that claim and then I have ?.try little doubt but that when all my affairs are entirely would up there will be a great deal more money than will be sufficient to answer that debts and all other demands It is my particular request that my dwelling house at Homerton be put into perfect proper tenantable repair according to my expressed wishes and intentions had it pleased God to spare my life and which I was bound to do upon the ?.....al of my present lease & I request that all expences attending such repairs of my house at Homerton be paid out of my private estate Further memoranda Item ? Isaac Everett of ?Tratby ?...? near Yarmouth is joint surviving Trust with me in several trusts in the find left by my late Uncle George Fryer’s will

 

Witness my hand 17 April 1823

 

 

Proved at London with a codicil 15 May 1823 by the oaths of Elizabeth Fryer , George Fryer, George Ottiwell Tomlin.

 

PROB 11/1670

 

This Will was kindly transcribed and sent in by Marion.

Marion is both a Family and a Local Historian, but is not related to any of this family,

 

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