The Will of Joseph Newton

This is the last Will and Testament of me Joseph Newton of ffurnivals Inn in the County of Middlesex Gentleman I give and bequeath unto my Wife Emma Newton the whole of my Plate linen china household furniture and goods which shall be in and about my dwellinghouse at the time of my decease to and for her own absolute use and benefit and I also give and bequeath unto my said Wife the sum of one hundred pounds to be paid to her by my Executors hereinafter named as soon as conveniently may be after my decease And as to all the residue of my personal estate and effects whatsoever and wheresoever I give and bequeath the same unto Richard Albany Nelson of Grays Inn in the said County of Middlesex Esquire and Henry Hill of Grays Inn aforesaid Gentleman their Executors and administrators upon the trusts and to and for the ends intents and purposes hereinafter mentioned concerning the same that is to say Upon trust to convert into money such part of my said Personal Estate as shall not at the time of my decease consist of money or securities for money and after payment of my debts and funeral and testamentary expences to invest the same in their names upon Government or real security in England with full power from time to time as often as occasion shall require to vary and transpose the same and my Will is that my said trustees shall stand possessed of the said trust monies stocks and proceeds thereof unto my said Wife or permit the same to be received by her for and during the term of her natural life and such trust monies stocks and securities and the interest dividends and annual proceeds thereof upon and for such uses intents and purposes as my said Wife shall by any deed or instrument in writing be executed by her in the presence of and to be attested by two or more credible Witnesses or by her last Will and Testament in writing limit direct and appoint to and in favour of any one or more of my children to be named in such appointment and in default of such appointment and so far as any such appointment if incomplete shall not extend in trust for all and every my child and children when and as soon as they shall attain the age of twenty one years to be equally divided between them or among them if more than one share and share alike with benefit of survivorship but if there shall be no such child or children living at my decease or born within one time afterwards or being such they shall all die under the age of twenty one years in the life time of my said Wife then upon trust to assign and transfer the said trust property unto my said Wife absolutely and in case of the death of my said Wife before all and every of my said child or children shall have attained the age of twenty one years and without her having exercised the power of appointment hereinbefore contained my Will further is that my said trustees shall stand possessed and interested as aforesaid upon trust to pay and apply the interest dividends and annual proceeds of the contingent share or shares to which my said child or children may be entitled to for the maintenance education and advancement in the world of such child or children until he she or they respectively shall attain his her or their respective age or ages of twenty one years And I direct that it shall be lawful for my said trustees to advance all or any portions of the presumptive shares of my said children with the consent of my said Wife if living and not of their own discretion for the preferment and advancement in the world of my said children provided and I hereby declare and direct that in case my said trustees or either of them or any trustee or trustees to be appointed under this provision shall die or become unable or unwilling to act in the aforesaid trusts before the same shall be fully performed then and in every such case it shall be lawful for the surviving or continuing trustee for the time being of this my Will or if there be none such for the unwilling trustee or trustees or in case all the trustees shall have departed this life then for the Executors and administrators of the last surviving trustee with the consent in writing of my said Wife and after her decease the proper authority of the person or persons to whom the present power is given to nominate any fit person or persons to supply the place or places of the trustees or trustee so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such nomination the said trust premises shall be assigned and transferred to and in such manner as that the same may vest in the surviving or continuing trustee or trustees or in such new trustee or trustees solely as the use may require and such new trustees or trustee shall be entitled to exercise the same powers and authorities in relation to the said trusts as if he or they had been appointed a trustee or trustees by this my Will and I hereby further declare that the trustees of this my Will for the time being shall be charged and chargeable only with such monies as they respectively shall actually receive notwithstanding their joining in any receipt for the sake of conformity only and shall not be answerable or accountable for any banker broker or other person with whom or in whose hands the said trust monies or any part thereof shall be placed for safe custody or otherwise for the nor for the insufficiency of any security upon which the same shall be invested nor for any other loss misfortune or damage which m ay happen in the execution of the aforesaid trusts or any of them or in relation thereunto unless the same shall happen by or through their or his own willful default and also that it shall be lawful for the said trustees respectively by and out of the monies which shall come to their or his hands respectively to retain or allow to each other all costs charges damages and expences and fees to Counsel for advice which they shall respectively sustain or expend in or about the execution of the said trusts or in relation thereto And I do nominate and appoint the said Richard Albany Nelson and Henry Hill Executors of this my Will and in case of the death of my said Wife during the minority or respective minorities of all or any of my said child or children then I appoint my brother William Newton of Wood Street in the City of London Silk Mercer and ffrederick ffestus Kelly of Hunter Street Brunswick Square in the County of Middlesex Esquire Guardians of my said child and children during such minority or respective minorities and hereby revoking all former Wills at any time heretofore made by me I declare this to be and contain my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in this and the two preceding sheets of paper set my hand and seal that is to say my hand to the two preceding sheets and my hand and seal to the third and last sheet the eleventh day of January in the Year of our Lord one thousand eight hundred and thirty nine Jos: Newton
 
T.D.M. Trotter 7 Furnevals Inn
Wm Howard 7 Furnivals Inn
 
This is a Codicil to the last Will and Testament of me Joseph Newton late of ffurnivals Inn but now of Ely Place Gentleman which Will was dated the eleventh day of January 1839 I substitute my Brother Edward Newton as Guardian of my children in the room of Mr Kelly I give devise and bequeath all trusts and other estates vested in me as trustee or mortgagee or otherwise unto my said Executors Richard Albany Nelson and Henry Hill their heirs Executors administrators and assigns for the several trusts affecting the same I give to the said Richard Albany Nelson the Law Magazine from its commencement and also my Copy of the Statutes commencing with the Reign of William the ffourth I also give to the said Henry Hill Dowlings Practical cases in the Courts of Common Law and also Smiths leading cases The rest of my Law Books I give to my friend and partner John Champley Rutter and I do in all other respects confirm my said Will As Witness my hand and seal the fifteenth day of November 1840 J Newton
 
Mary Jevons servant to Mr Newton
Ann Harris Servant to Mr Newton
 
Affidavit of William Howard of No 4 Ely Place Holborn Gentleman and Ann Harris of No 4 Cambridge Terrace Edgware Road Spinster as to due execution of the Codicil sworn 31 December 1840
 
Proved at London 4 January 1841
PCC
Prob11/1939