1813 Alexander Wynch

11-1543-991_AlexanderWynch_1813

I Alexander Wynch of the City of Bath Esquire being of sound and [  ] mind memory and understanding do make and publish this my last will and testament in manner following this is to say I give devise and bequeath unto my good friends William Robertson of the City of Bath aforesaid Doctor of [   ] and Robert Miller of New Norfolk Street in the County of Middlesex Esquire two of my executors hereinafter appointed to act in my concerns in Great Britain all my estate and effects both real and personal and of what nature or kind soever the same may be or consist or wheresoever the same may be situate in the United Kingdom of Great Britain and Ireland to have and to hold the same to them the said William Robertson and Robert Miller and the survivor of them and the heirs executors adm’ors and assigns of such survivor according to the tenure nature and quality of the same absolutely for ever upon the several trusts and to and for the several uses ends intents and purposes hereinafter expressed and declared of and concerning the same and to my brother in law Alexander Read Esquire now residing in India and in the Civil Service of the Honorable East India Company I give devise and bequeath all my estate and effects in the British East Indies both real and personal and of what nature or kind soever the same may be or consist or wheresoever the same may be situate to have and to hold the same to him the said Alexander Read his heirs ex’ors adm’ors and assigns according to the tenure nature and quality of the same absolutely for ever upon the like several trusts and to and for the like several uses ends intents and purposes hereinafter also expressed and declared of an concerning the same (that is to say) upon trust that they the said William Robertson and Robert Miller and the survivor of them and the heirs of such survivor as my trustees for the time being in Great Britain and the said Alexander Read and his heirs as my trustee for the time being in India do stand seized of all my said freehold estates to the ultimate uses hereinafter limited and expressed and in the meantime as to for and concerning the annual rents issues and profits of my said freehold estates upon trust that they do and shall receive the same from time to time as and when the same shall become due and payable and that upon receipt thereof they do apply the same in such and the like manner as I shall hereinafter direct to charge the interest dividends and annual proceeds of my personal estate abd as to for and concerning all my personal estate I do hereby order and direct that the said William Robertson and Robert Miller and the survivors of them and the executors and adm’ors of such survivor as my trustees for the time being in Great Britain and the said Alexander Read his executors and adm’ors as my trustee for the time being in India do stand possessed of and interested in all my said personal estate and the stocks funds or securities whereover or whereon they do and shall collect get in and receive the same and every part thereof to the end that the whole thereof except the household furniture and the other effects which I have hereinafter given to my dear wife Elizabeth Wynch may be converted into money and when the same shall be so converted then to pay all my just debts and funeral and testamentary charges together with the pecuniary legacies which I have hereinafter given to my executors and next to lay out and invest my said personal estate in their names or in the names of each of them as shall reside in England in some one of the public stocks or funds or on government or real securities at interest with full power and liberty for my said trustees from time to time to vary alter and transpose my said stocks funds or securities for others of the like nature as in their discretion they shall think fit and as to for and concerning the interest products and annual proceeds of my said personal estate as also the annual rents issues and profits of my said real estate upon trust that upon receipt thereof they my said trustees so and shall pay one moiety or half part thereof into the proper hands of my said dear wife Elizabeth Wynch for and during the term of her natural life provided that she do and shall within six months next after my decease [relinquish and] extinguish and for ever exonerate my estate from all claims and demands which she can shall or may either directly or indirectly make or have thereupon in virtue of the settlement made and executed by me upon our intermarriage and now deposited in the hands of Messrs Gosling and Co Bankers in London and which settlement it is my earnest wish and desire she should relinquish but if my said dear wife shall [  ] the time foresaid elect to claim and to aide by the provisions made for her in and by such settlement in the [   ] to take the provisions by me made for her under this my will then I do direct that my said trustees for the time being do and shall receive the said moiety of the said rents claims and profits interest dividends and annual proceeds as and when the same shall become due and payable and that upon receipt thereof they do and shall reinvest and lay out the same on the [   ] securities in order that the same may accumulate during the minority of my son Alexander John Wynch and for his ultimate benefit it being my mind and intention that my said son shall take and claim a vested interest in the share of the principal monies so invested as aforesaid when he shall attain the age of twenty one years or be married under that age altho’ the payment and transfer of such principal monies be postponed (agreeable to the directions by me hereinafter given) until he shall attain the age of thirty years and as to for and concerning the other moiety of the said rents issue and profits of the said real estates and the interest dividends and annual produce of my said personal estate so invested as aforesaid upon this further trust that my said existing trustees do and shall receive the same as they shall become due and after parting allowing and applying thereout the yearly sum of three hundred pounds clear of income tax and all other deductions to the maintenance education and support of my said son Alexander John Wynch until he shall attain the age of twenty one years or marry under that age then to reinvest the surplus monies arising from the said moiety of the said rents issues and profits interest dividends and annual proceeds and lay out the same on the like securities for the like purpose of accumulation during my said sons minority and when my said son shall attain the said age of twenty one years or be married under that age and from thence until he shall attain the age of thirty years I do hereby order and [  ] that my said trustees so and shall pay to my said son Alexander John Wynch the whole of the rents issues and profits of my said real estates and of the interest dividends and annual proceeds of my said personal estate so invested as aforesaid if it shall so happen that my said dear wife shall within the time aforesaid have elected to take the provisions of the marriage settlement [when] of her provisions under this my will in lieu of the provisions of her marriage settlement then I direct that my said trustees for the time being do and shall pay to my said dear wife one moiety or half part as well of the rents issues and profits of my said real estates as of the interest dividends and annual proceeds of my said personal estate so invested as aforesaid during the term of her natural life and that they shall receive pay and apply the other moiety of half part thereof unto and for the benefit of my said son in manner hereinbefore directed and my will is and I do hereby further order and direct that when my said son Alexander John Wynch shall attain the age of twenty one years or be married under that age he shall have and be entitled to take a vested and transmissible interest in the whole of the provision hereby made for him but nevertheless he shall not be at liberty to receive more than the rents issues and profits of my said real estates and the interest dividends and annual proceeds of my said personal estate and of the accumulations thereof until he shall attain the age of thirty years and when he shall attain the said age of thirty years then if my said dear wife shall be living and shall have elected to take her provisions under this my will rather than those of her in marriage settlement I do direct that my said existing trustees do and shall convey and assign all my said freehold estates unto my said son Alexander John Wynch his heirs and assigns for ever charged with the payment of one moiety of the rents issues and profits thereof to my said dear wife and her assigns during the term of her natural life and also that they do and shall then pay and assign and transfer one moiety of my said personal estate so invested as aforesaid or the stocks funds or securities whereon or wherein the same shall be so laid out into my said son Alexander John Wynch his ex’ors adm’ors and assigns absolutely for ever but if when my said son shall attain the said age of thirty years my wife shall have departed this life or shall have made her election in manner aforesaid to take and abide by the provisions of her marriage settlement in lieu of these which I have hereby made for her then I do diret that my said existing trustees do and shall exonerate and discharge my said freehold estates from the moiety of the said rents issues and profits which I [  ] hereby received for the benefit of my said dear wife and that they do and shall pay assign and transfer the whole of the said principal monies and the stocks funds or securities wheresoever whereon the same shall be so laid out invested as aforesaid together with all accumulations thereof unto my said son Alexander John Wynch his ex’ors adm’ors and assigns absolutely for ever to whom also I give devise and bequeath all the rest residue and remainder of my estate and effects both real and personal and of every nature and kind soever to hold the same to him his heirs ex’ors adm’ors and assigns according to the nature and quality of the same absolutely for ever But if my said son Alexander John Wynch shall depart this life un der the age of twenty one years then I give deveise and bequeath unto my said dear wife Elizabeth Wynch all my estate and effects both real and personal of every nature and kind soever and wheresoever situate to hold the same unto her her heirs executors adm’ors and assigns absolutely for ever according to the nature and quality of the same whether she shall have elected to take the provisions [  ] to her by and under her marriage settlement or not Furthermore I give and bequeath unto my said dear wife in all events all my household furniture plate jewels linen glass and other implements of household and all my stock of wines and liquors which shall be found in and about my dwelling house at the time of my decease together with my carriage and horses for her own use and [   ] absolutely for ever provided always and I do hereby further declare my will and mind to be that if my trustees for the time being shall find expedient and necessary to the due execution of the trusts hereby in them reposed absolutely to sell and dispose of all or any part of my said real estate then and in every such case I do direct that they shall have and I do hereby invest them with all and free liberty power and authority at any time or times and from time to time as often and to such extent as they shall deem it expedient to sell and dispose thereof or of any part to any person or persons who may be willing to purchase the same at and for the best price or prices and most money that be reasonable had or gotten for the same and that then and in every such case the receipt or receipts of them my said trustees for the time being respectively under his or their hands or hand shall from time to time be a sufficient discharge to the purchaser or purchasers and his her and their heirs executors adm’ors and assigns for so much of the purchase money for which such receipt or receipts shall be so given and that after such receipt or receipts such purchaser or purchasers shall be absolutely discharged of and from the same and shall not be bound to see to the due application of such purchasers moneys or be in any manner accountable or answerable for any loss misapplication or nonapplication of the said purchase money or any of them or any part thereof and I do hereby further order and direct that neither my said trustees or my executors hereinafter appointed or either of them or their heirs ex’ors or adm’or shall be charged or chargeable with or answerable or accountable for any money under or by virtue of the trusts powers and authorities hereby in them respectively vested or imposed or any of them other than such only as they shall respectively actually receive nor with or for any loss that may happen of such trust monies or any part thereof unless the same shall happen by their respective wilful neglect or default and that neither of them my said trustees or executors shall be answerable or accountable for the other of them or for the acts deeds receipts disbursements neglects or defaults of the other of them and also that it shall and may be lawful to and for my said trustees and executors and every one of them by and out of the trust funds securities monies and promises vested in them as aforesaid or the rents issues and profits interest dividends and produce thereof respectively to deduct and reimburse themselves respectively all such costs charges damages and expenses as they or either or any of them shall or may bear pay or sustain suffer expend or be put into in or about the execution of the trusts powers and authorities hereby in them or any of them respectively vested and reposed or by reason or means thereof or in relation thereto respectively provided always also and I do hereby further declare my will and mind to be that in case of the death of either of them my said trustees and executors hereby named it shall and may be lawful and I hereby will and direct that the survivors of them do and shall immediately or within two months after the death of either of them the said trustees by any deed or writing under this hand and seal to be attested by two or more credible witnesses nominate and appoint some other fit and proper person or persons to be a trustee or trustees in the place and stead of the trustee or executor so dying which new trustee or trustees so to be nominated and appointed shall have the same power and authority in and concerning the trust promises and in the execution of the trusts herein contained as they my said existing trustees for the time being or either of them would have had or been entitled to under or by virtue of this my will or otherwise in case they had been living and Lastly I hereby make constitute and appoint the said William Robertson Robert Miller and Alexander Read jointly with my said dear wife Elizabeth Wynch executors and executrix of this my last will and testament and give and bequeath to each of them the said William Robertson and Robert Miller the sum of one hundred pounds as a small token of my regard and esteem and as some compensation for the trouble they will have in executing the trusts hereby on them reposed and hereby revoking and making void all former will and wills by me at any time heretofore made I declare this testament written upon eight sheets of paper and that [  ] to be and contained my last will and testament In witness whereof I have to the first seven sheets set my hand only and to this eighth and last sheet my hand and seal this thirtieth day of November in the year of our Lord one thousand eight hundred and twelve – A Wynch –  Signed sealed published and declared by the said testator Alexander Wynch as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto set our names as witnesses – Geo Watts Sol Bath – Geo Jowell Watts Sol Bath – Benj Claridge their clerk

 

Probate 4/3/1813

Proved at London 4th March 1813 before the judge by the oaths of William Robertson and Robert Miller Esquire two of the executors to whom adm’on was granted being sworn duly to administer power reserved to Alexander Read Esq and Elizabeth Wynch widow relict the other executors

 

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