11-1618-521_WilliamWynch_1815

This is the last will and testament of me William Wynch of Grosvenor Place in the County of Middlesex Esquire First I will and direct that all my just debts funeral and testamentary expenses be fully paid and satisfied I give to my wife Rhoda Wynch all the jewels rings watches and trinkets usually worn by her as adornments of her person and all her and my jewels rings and trinkets which are deposited in a box which was late in my house in Grosvenor Place but is now deposited with my bankers Messrs Marten and Company in Bond Street with her name thereon to and for her own use and benefit and I do hereby ratify the gift I have already verbally made to my said wife of all the plate linen china books wines and other liquors pictures household goods and furniture now being in or about her apartments (sic.) at Hampton Court or which she may have removed from there to the Isle of Wight and I do hereby give and bequeath the same to her accordingly in confirmation thereof to and for her own use and benefit absolutely I give and bequeath unto my son Peter Bourchier Wynch his heirs executors adm’ors all my part share and interest in the Royal Institution in Albermarle Street to and for his and their own use and benefit absolutely I give and bequeath unto my friend James Pattison Esquire one of the directors of the Hon’ble East India Company the sum of five hundred guineas of which I request his acceptance for a ring and as a small token of my gratitude to him for the kind part he has taken in promoting the interests and welfare of my son Paul Marriott Wynch in India I give unto each of my friends William Smith of Park Street Westminster Esquire and the Reverend Benjamin Wimberly Salmon of Yarmouth in the County of Norfolk clerk the sum of thirty guineas for a ring of which I request their acceptance as a token of my regard and esteem for them  I give unto Charles Bourchier of the Temple London Esquire and George Taylor of Baddesley House near Rumsey in the County of Southampton Esquire my executors hereinafter named the sum of one hundred pounds apiece and I direct that the several pecuniary legacies hereinbefore by me given and bequeathed be paid as soon as conveniently may be after my decease  I give and bequeath unto the said Charles Bourchier and George Taylor their executors and adm’ors the sum of two thousand pounds of lawful money of England upon trust to lay out or invest the same in or upon Government or real securities in their names and I do hereby direct that they and the survivor of them and the executors and adm’or of such survivor shall stand possessed of and interested in the securities in or upon which the same shall be so placed out or so invested upon the trusts and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) upon trust to pay into the proper hands of my daughter Flora the wife of James Willisat present residing at Hampton Court Esquire all the dividends interest and annual produce to arise therefrom from time to time when and as the same shall be received for such during the term of her natural life to and for her own sole separate and peculiar use and benefit absolutely independent of her present or any future husband with whom she may happen to intermarry to the intent that the same may not be subject to the debts interference or control of any such husband and may not be in any manner alienated parted with or distributed and I do hereby direct that the receipt of my said daughter alone and without any such husband and her receipts only shall be good and sufficient discharges from time to time for the same and from and after the decease of my said daughter upon trust to pay assign or transfer the said sum of two thousand pounds or the securities in or upon which the same shall be then placed out or invested unto and amongst all and every or such one or more of the children of my said daughter now born or hereafter to be born at such time or times and in such parts shares and proportions and with such limitations over such limitations over being for the benefit of such children some or one of them as my said daughter shall notwithstanding her coverture by any deed or deeds writing or writings with or without power of revocation to be by her executed in the presence of and to be attested by two or more credible witnesses or by her last will and testament or any writing purporting to be her last will and testament or any codicil then to be by her signed published and declared in the presence of and to be attested by a like number of witnesses direct or appoint and in default of such appointment as to so much thereof concerning which no such appointment shall be made upon trust to pay assign or transfer the same unto and equally between or amongst all and every the children of my said daughter now born or hereafter to be born in equal proportions and share and share alike the parts and shares of a son or sons to be paid assigned and transferred to him or them as and when he or they shall respectively attain the age or their respective ages of twenty one years if my said daughter shall be then dead otherwise immediately after her decease and the parts and shares of a daughter or daughters to be paid assigned or transferred to her or them as and when she or they shall respectively attain her age or their respective ages of twenty one years or be married which shall first happen if my said daughter shall be then dead otherwise immediately after her decease And I do hereby order and direct that if any of the children of my said daughter being a son or sons shall die before he or they shall attain his or their age or respective ages of twenty one years or being a daughter or daughters shall die before she or they shall respectively attain that age or be married the share or shares of him her or them so dying shall in default of such appointment as aforesaid go and accrue to the survivors or others of such children and be divided between them in equal shares and proportions and be payable at such age or ages time or times as hereinbefore mentioned concerning his her or their original share or shares respectively and that every accruing share shall from time to time be subject to the same survivorship or [acc..] as the original share or shares and if all such children but one shall happen to die without having attained their respective ages of twenty one years being sons or being daughters without having attained that age or having been married then the [share] of the said residue of the said sum of two thousand pounds shall be in trust for and shall be paid assigned or transferred to such surviving child at such age or time as aforesaid and in case there shall be no child of my said daughter in whom the same shall vest then my mind and will is that the said residue of the said sum of two thousand pounds shall sink into and become part of the general residue of my estate and effects and shall be paid assigned or transferred to and enjoyed by the person or persons to whom such general residue of my said estate and effects is hereinafter bequeathed] And whereas my son Peter Bourchier Wynch has at various times received many indulgences and advantages from me which my son Paul Marriott Wynch has not [these] I do hereby in consideration thereof giva nad bequeath unto my said son Paul Marriott Wynch the sum of two thousand pounds of lawful money of Great Britain to and for his own use and benefit over and above and in addition to the provision hereinafter intended to be made for him and whereas I have advanced several sums of money to my said son Paul Marriott Wynch amounting in the whole to the sum of four thousand pounds or thereabouts now therefore I do hereby give and bequeath unto my son Peter Bourchier Wynch the sum of four thousand pounds of lawful money of Great Britain to and for his own use and benefit to be paid to him within six months next after my decease And whereas by a certain indenture bearing date the first day of December one thousand eight hundred and eleven made between me the said William Wynch and Rhoda my wife of the one part the said William Smith and Benjamin Wimberley Salmon of the other part after writing therein a certain indenture of settlement bearing date the fourteenth day of May one thousand eight hundred and one and made between the same persons as are parties to the said indenture of the first day of December one thousand eight hundred and eleven whereby certain sums of eleven thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent consolidated bank annuities and one hundred and fifty pounds per annum long annuities and also certain shares of American Bank stock and certain certificates of American six pounds per cent stock were settled upon my said wife for the purpose of making a separate provision for her and to enable her to maintain educate and bring up my two sons and also reciting therein that the said certificates of American six pounds per cent stock had been sold and the produce thereof invested in the purchase of further shares of American Bank stock and further writing therein that the said American Bank stock had been lately sold and after the application of part of the produce thereof in the manner therein mentioned that the residue thereof had been invested in the purchase of three hundred and six pounds per annum long annuities which had been transferred into and were then standing in the names of the said William Smith and Benjamin Wimberley Salmon It was by the said indenture of the first day of December one thousand eight hundred and eleven amongst other things witnessed and thereby declared that the said William Smith and Benjamin Wimberley Salmon would stand possessed of and interested in as well the said three hundred and six pounds long annuities as also of and in a sum of twelve pounds per annum like annuities therein mentioned to have been lately purchased by my said wife and transferred into the names of them the said William Smith and Benjamin Wimberley Salmon upon the trusts in the said indenture of the fourteenth day of May one thousand eight hundred and one declared concerning the said several other funds and securities in the said last mentioned indenture mentioned or such of them as were then subsisting and capable of taking effect and whereas since the date and execution of the said indenture of the first day of December one thousand eight hundred and eleven part of the said trust funds have been sold and the said trust funds now consist of four hundred and sixty eight pounds bank long annuities and six thousand eight hundred and sixty six pounds thirteen shillings and four pence three per cent consolidated bank annuities producing together an annual income of six hundred and seventy four pounds and [   ] I have by this my will made a sufficient provision for my son Peter Bourchier Wynch and have already advanced such sums as hereinbefore mentioned to my son Paul Marriott Wynch now therefore I do hereby declare and my mind and will is that my said wife Rhoda Wynch or her assigns shall and may have and take the whole of the dividends interest and annual proceeds of the said two several sums of four hundred and sixty eight pounds long annuities and six thousand eight hundred and sixty six pounds thirteen shillings and four pence three per cent consolidated bank annuities and for her or their own use and benefit without applying any part thereof for or towards the maintenance of my said two sons or either of them and so hereby further will and direct that my said wife shall have full power and authority by her last will and testament to be by her signed sealed and published in the presence of and to be attested by two or more credible witnesses to give and dispose of so much and such part of the said stocks and securities as will produce the sum of four thousand five hundred pounds unto and amongst all and every or such one or more of her said three children viz the said Peter Bourchier Wynch Paul Marriott Wynch and Flora Willis such parts shares and proportions and at such time or times and with such limitations over such limitations over being for the benefit of such children some or one of them or their [sons or] one of their [   ] as she my said wife shall think fit and shall by such will direct provided nevertheless and I do hereby declare that the power of disposition over or concerning the said principal sum of four thousand five hundred pounds hereinbefore given by me to my said wife as aforesaid is by me intended and shall be accepted taken and reserved by her in lieu stead and satisfaction of any power of disposition or appointment in over or concerning any part of the several stocks funds and securities in the said indentures of the fourteenth day of May one thousand eight hundred and one and the first day of December one thousand eight hundred and eleven mentioned and by the same indentures or either of them vested in her my said wife and I do hereby give and bequeath unto my said wife Rhoda Wynch one annuity or clear yearly sum of twenty six pounds for and during the term of her natural life over and above and in addition to the provision to which she will be entitled under the said several deeds of the fourteenth May one thousand eight hundred and one and the first of December one thousand eight hundred and eleven or either of them the said annuity to be paid and payable by equal half yearly payments the first payment thereof to be made within six calendar months next after my decease and I do hereby declare that the provisions hereinbefore made by me for my said sons Paul Marriott Wynch and Peter Bourchier Wynch shall be accepted by them respectively in lieu and full satisfaction of all and every sum and sums of money they may respectively claim or be entitled unto under or by virtue of the said recited indentures or either of them and to for and concerning all my ready monies in any of the public stocks or funds or due or owing to me on mortgage bond or otherwise and all the rest residue and remainder of my estate and effects of what nature or kind soever not hereinbefore by me otherwise disposed of I give and bequeath the same unto the said Charles Bourchier and George Taylor their executors and assigns upon trust as soon as conveniently may be after my decease to sell and dispose of all such parts thereof as shall be in their nature saleable and shall not by already vested in or upon government or real securities and to collect and get in my said debts and to lay out and invest the monies arising therefrom at interest in their names in or upon government or real securities and I do hereby direct that my said trustees shall stand possessed of and interested in the moiety or half part of all my said residuary estate and effects or of the produce thereof upon trust for my said son Peter Bourchier Wynch and to pay assign and transfer the same unto him his executors adm’ors or assigns to and for his and their own use and benefit absolutely And I do hereby declare and direct that notwithstanding anything hereinbefore contained it shall and may be lawful to and for my said trustees to keep my houses in the Adelphi unsold so long as they shall think it beneficial to my family so to do provided also and I do hereby further declare my will and mind to be that my said trustees or the trustees or trustee for the time being under this my will and each of them and the executors adm’ors and assigns of them and each of them shall be charged and chargeable only for such monies as they respectively shall actually receive or shall come to their respective hands by virtue of this my will and that the one of them shall not be answerable or accountable for the other or others of them but each of them only for his own acts deeds defaults neither shall they or either of them be answerable or accountable for any bank banker broker or other person with whom or in whose hands any part of the said trust monies shall or may be lodged or deposited for safe custody or otherwise in the execution of the aforesaid trusts nor for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said trust monies or any part thereof shall or may be placed out or invested nor with or for any loss misfortune or damage which may happen in the execution of any of the aforesaid trusts or in relation thereto unless the same shall happen by or though their own wilful defaults respectively and also that it shall and may be lawful to and for my said trustees and executors and each of them and the ex’ors adm’ors and assigns of them and each of them with and out of such monies as shall come to their respective hands by virtue of this my will to deduct retain to and reimburse himself and themselves and also to pay and allocate to his and their co trustee and co trustees any loss costs charges damages and expenses which they or any or either of them shall or may suffer sustain expend disburse or be put unto in the execution of any of the aforesaid trusts or in relation thereto provided also and I do hereby direct that in case either of my said trustees or any other person or persons in or to whom the trusts of this my will or any of them shall vest or devolve shall happen to die or refuse or become unfit to act in or be minded or desirous to be released or discharged from all or any of the trusts hereby in him her or them respectively reposed before the same trusts shall be fully performed and executed then and in either of such cases it shall and may be lawful to and for the surviving or other trustee or trustees or other the person or persons upon whom the trusts of this my will or any of them shall devolve for the time being to nominate and appoint a fit person or persons to be a new trustee or trustees in the room of him her or them who shall so die or refuse or be unfit or be minded or desirous to be discharged as aforesaid and thereupon all and singular the trust estate monies and effects respectively touching which such appointment shall be made shall be forthwith assigned and transferred to and in such manner as that the same shall and may be legally vested in the surviving or continuing trustee or trustees who shall from thenceforth stand and be possessed thereof upon the trusts and with under and subject to the powers provisos and declarations expressed and declared by this my will of and concerning the same respectively or such of them as shall be then subsisting or capable of taking effect in such and the like manner to all intents and purposes as if he she or they had been originally named or appointed a trustee or trustees of such funds respectively by this my will and lastly I do hereby nominate constitute and appoint the said Charles Bourchier and george Taylor joint executors of this my last will and testament and I do hereby revoke all former and other wills by me at any time heretofore made  In witness whereof I the said William Wynch the testator have to this my last will and testament contained in ten sheets of paper set my hand and seal (that is to say my hand to to the first nine sheets thereof and my hand and seal to this tenth and last sheet thereof this twenty seventh day of June in the year of our Lord one thousand eight hundred and fifteen – W. Wynch – signed sealed published and declared by the said William Wynch the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto – W. Green Salisbury Square London – William Henderson – Jn^o Rees [  ] – Messrs Jones & Green

Codicil 30/6/1815

As a codicil to my last will and testament bearing date the 27^th day of June 1815 instead of the 2000 left my son Paul more than his brother in the said will I bequeathed to my son Paul my house plate furniture &c in Grosvenor Place and the plate at present now under the care of Messrs Griffin and Adams in the Strand and pictures in the said house I also bequeath to my worthy friend Martha Alder now residing in my house the sum of one hundred pounds per annum during her natural life and to reside in the said house in Gros^r Place until advices arrive from India from Paul to give such directions about the said house as he may [judge] proper and all expenses to be paid out of my estate during the residence of the said Martha Alder Signed and sealed this 30 day of June 1815 – W. Wynch

Affidavit 24/7/1819

Appeared personally William Green of Salisbury Square London Gentleman and William Charlton of the same place Gentleman and made oath that they knew and were well acquainted with William Wynch late of Grosvenor Place in the County of Middlesex Esquire deceased for some time before and to the time of his death and also with the manner and character of his handwriting and subscription having often seen him write and also write and subscribe his name and having now with care and attention viewed and perused the paper writing hereto annexed purporting to be and contain a codicil to the last will and testament of the said deceased also hereto annexed and the said paper writing beginning thus “as a codicil to the last will and testament bearing date the 27 day of June 1815” ending thus “signed and sealed this 30^th day of June 1815” and thus subscribed “W. Wynch” and having also observed the name “Adams” partly written upon an erasure in the said writing to be of the proper handwriting of the said William Wynch deceased – W,. Green – William Charlton – 24th day of July 1819 the said William Green and William Charlton esq^r duly sworn to the truth of this affidavit before me – J Addams [  ] E^d W Wadeson [  ]

Probate 29/7/1819

Proved at London with a codicil 29^th July 1819 before me the Worshipful John Danberry Dr of Laws & surrogate by the oath of Charles Bourchier Esq^re and George Taylor Esq^re the executors to whom adm’n was granted being first sworn duly to adm^r

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