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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 |