11-1237-130_FrancisWynch_1793
This is the last will and testament of me Francis Wynch of Town Malling in the County of Kent Esquire First I direct that all my just debts funeral and testamentary expenses by fully [paid] and satisfied by my executor herein after named out [of] my estate and effects and whereas my mother Florentia Wynch is indebted to my brother Charles Wynch in the sum of two thousand pounds of lawful money of Great Britain under and by virtue of some security made by her to him and upon which there is an arrear of interest due now I do hereby order and direct my executor Sir William Jarvis Twysden Baronet to apply in the first instance so much of my personal estate as will be sufficient for the purpose in the payment and discharge of the said sum of two thousand pounds and the interest that may be due thereon at my death and that he do take an assignment of such security for the benefit of my estate but that the same sum of two thousand pounds or the interest thereof which shall be paid in monetization of the said debt or any interest thereof shall not be demanded from my mother during her life upon any account or pretence whatsoever and I give and I give and bequeath to Multon Lambard of Sevenoaks in the said County of Kent Esquire and the Reverend John Mitchell of [P…] in the said County of Kent the sum of eight thousand pounds of lawful money of Great Britain upon trust that they the said Multon Lambard and John Mitchell and the survivor of them his executors or administrators shall and do forthwith or as soon as conveniently may be after my decease lay out and invest the same in their names or in the name or names of the survivor of them & his executors or administrators in the public funds or upon government or real securities at interest and shall and do stand possessed of such funds or securities upon trust to continue the same at interest upon such security or securities upon which the same shall be first placed out or invested or otherwise to call in sell dispose of after or transfer such funds or securities and to lay out the money to arise and be received therefrom upon new or other funds or securities in his or their name or names as he or they shall think most proper and advisable for the benefit of [my] estate and do and shall from time to time stand possessed of and interested in the said funds or securities upon which the said sum of eight thousand pounds shall or may be placed out and invested and of and in the dividends interest and annual proceeds thereof upon the trusts and for the ends intents and purposes herein after mentioned expressed and declared of and concerning the same that is to say upon trust that they the said Multon Lambard and John Mitchell and the survivor of them and the executors and administrators of such survivor shall and do from time to time during the natural life of my sister Dame Frances Twysden now the wife of Sir William Jarvis Twysden of Roydon Hall in the County of Kent Baronet pay or cause to be paid all the dividends interest and annual proceeds of the funds and securities in or upon which the said sum of eight thousand pounds shall or may be placed out or invested to the proper hands of the said Dame Frances Twysden or to such person or persons as she in writing signed with her proper hand shall from time to time notwithstanding her present or future coverture direct or appoint and it is my will and mind that the said Sir William Jarvis Twysedn the present or any future husband of my said sister shall not intermeddle therewith neither shall the same be subject or liable to his control debts & engagements and that the receipt or receipts of my said sister signed with her own proper hand shall from time to time whether sole or covert notwithstanding her present or any future coverture be a good and sufficient discharge for the said interest dividends or annual proceeds or so much thereof as shall be therein acknowledged or expressed or expressed to be received and from and after the decease of my said sister Dame Frances Twysden then In trust that they my said trustees and the survivor of them and the executors or administrators of such survivor shall and do pay and transfer the said sum of eight thousand pounds and the funds or securities wherein or upon which the same shall or may be placed out or invested unto and amongst all and every the child and children of my said sister Dame Frances Twysden lawfully issuing equally to be divided between or amongst them if more than one share and share alike and if there shall be but one such child then to such one child at his her or their age or respective ages of twenty one years unless the same shall happen in the life time of my said sister and in such case the portion part or share of any of them attaining the age of twenty one years shall be paid or transferred immediately after her decease nevertheless the same shall be considered as vested and transmissible in such child or children at his her or their age or respective ages of twenty one years and if any such child shall depart this life under the age of twenty one years then the part or share of such child so dying shall go and accrue and be disposed of to or for the benefit of such child or children of my said sister in such and the like manner to all intents and purposes as if such child so dying had never existed And in the case of the death of any other or others of the said children under the age of twenty one years then the part or share parts or shares as well original as accruing of each other child or children so dying shall from time to time go and accrue and be disposed of to or for the benefit of the other child and children in such and the like manner to all intents and purposes as if such other child or children so dying had never existed And upon this further trust that they the said Multon Lambard and John Mitchell and the survivor of them and the executors and administrators of such survivor shall and do in the mean time after the decease of the said Dame Frances Twysden pay and apply all the dividends interest and annual proceeds of the said sum of eight thousand pounds and the funds and securities wherein or upon which the same shall from time to time be placed out or invested for or towards the maintenance education or otherwise for the benefit and advantage of such child and children until their respective shares of the principal shall become transferable to them and in proportion to their respective shares and interests therein and in case there shall be no such child or children of my said sister who shall live to attain the age of twenty one years then upon further trust that they my said trustees and the survivor of them his executors and administrators do and shall stand possessed of and interested in the said sum of eight thousand pounds and the funds and securities wherein or upon which the same shall be placed out or invested from and after the decease of my said sister Dame Frances Twysden and such failure of her issue as aforesaid In trust for the said Sir William Jarvis Twysden his executors and administrators and do and shall pay and transfer the same accordingly ITEM I give and bequeath unto my wife Dorothy Grenville Wynch the sum of two thousand pounds of lawful money of Great Britain the same to be paid her within three months next after my decease ITEM I give and bequeath unto the said Sir William Jarvis Twysden the sum of two thousand pounds of lawful money of Great Britain ITEM I give and bequeath to the said Multon Lambard and John Mitchell the sum of fifty guineas apiece ITEM I give and bequeath to my servant James Barton all my wearing apparel and one years wages and as to all the rest and residue of my estate and effects both real and personal whatsoever and wheresoever and of what nature or kind soever the same shall or may be and consist I give and bequeath the same untop my said mother Florentia Wynch her heirs executors administrators and assigns according to the different natures and qualities thereof respectively to and for her and their own use and benefit absolutely for ever And I do hereby nominate constitute and appoint the said Sir William Jarvis Twysden sole executor of this my last will and testament and my true will is that my said trustees and executor or any of them their or any of their executors and administrators shall not be charged or chargeable with or attributable for any more of the aforesaid trust estates monies and promises than they respectively shall actually receive or shall come to their respective hands by virtue of this my will nor with or for any loss which shall happen of the same estates monies and promises or any part thereof so as such loss happen without their wilful default use or any one of them for the other or others of them or for the acts deeds receipts or defaults of the other or others of them but each of them only for his own acts goods receipts or disbursements and also that it shall and may be lawful to and for them my said trustees and executor and each and every one of them and each and every of their executors and administrators in the first place by and out of the aforesaid respective trust estates monies and promises to deduct and reimburse him and themselves respectively all such loss costs charges and expenses as they or any of them shall respectively sustain expend or be put unto for or by reason of the said several trusts hereby in them reposed or the management or execution thereof or any other thing in any wise relating thereto and lastly I do hereby revoke all former and other wills by me at any time heretofore made in witness whereof I the said Francis Wynch the testator have to this my last will and testmane contained on four sheets of paper set my hand to the three first sheets thereof and to the fourth and last sheet thereof my hand and seal this eighteenth day of May in the year of our Lord one thousand seven hundred and ninety three – Fns Wynch – Signed sealed published and declared by the said FCrancis Wynch the testator as and for his last will and testament in the presence of each other have subscribed our names as witnesses hereto – Rev Sanderson Temple – John Lovegrave Draper and Taylor Town Malling – William Peters Servant to Mr Wynch
Probate 10/9/1793
This will was proved at London the tenth day of September in the year of our Lord one thousand seven hundred and ninety three before the worshipful John Fisher Doctor of Laws and Surrogate of the Right Honourable Sir William Wynne Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Sir William Jarvis Twysden Baronet the sole executor named in the said will to whom administration was granted of all and singular the goods chattels and credits of the deceased having been first sworn duly to administer
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