1837 Rhoda Wynch

11-1873-1896_RhodaWynch_1837

This is the last will and testament of me Rhoda Wynch late of Lee Hare near Lewisham in the County of Kent widow the relict of William Wynch late of Grosvenor Place in the County of Middlesex Esquire deceased which I make in manner following (that is to say) Whereas by an indenture the said William Wynch and me his then wife of the one part and William Smith of East Street Westminster Esquire and The reverend Benjamin Wimberley Salmon of Yarmouth in the County of Norfolk Clerk (since deceased) of the other part after making therein an indenture of settlement dated the fourteenth day of May one thousand eight hundred and one made between the same persons as are parties to the first mentioned indenture eleven thousand six hundred and sixty six pounds thirteen shillings and four pence three pounds per cent consolidated bank annuities and one hundred and fifty pounds long annuities and also certain shares of American Bank stock and certain certificates of American six pounds per cent stock were settled upon me for the purpose of making a separate provision for me to enable me to maintain educate and bring up my two sons therein and herein after named and also stating 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 like stock and that the said American stock had been then 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 long annuities which had been transferred into and were then standing in the names of 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 American Bank shares and certificates and of and 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 the said William Wynch in and by his last will and testament in writing bearing date the seventh day of June one thousand eight hundred and fifteen after reciting the said hereinbefore or part recited indenture of the first day of December one thousand eight hundred and eleven as herein before recited and that since the date and execution of the said indenture of the first of December one thousand eight hundred and eleven part of the said trust funds had been sold and that the said trust funds at the date of his the testator’s said will consisted 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 pounds per cent consolidated bank annuities producing together an annual income of six hundred and seventy four pounds  Then he the said testator did declare his mind and will that I or my assigns shall have and take the whole of the dividends interest and annual proceeds of the said four hundred and sixty eight pounds long annuities and six thousand eight hundred and sixty six pounds thirteen shillings and four pence three pounds per cent consolidated bank annuities to and for my and their use without applying part thereof towards the maintenance of his the said testators and my said two sons and did direct that I should have full power by my last will and testament to be by me signed sealed and published in the presence of and attested by two or more credible witnesses give and dispose of so much and such part of the said stocks and securities as would produce the sum of four thousand and five hundred pounds unto and among all and every or such one or more of my three children (videlire) Peter Bourchier Wynch Paul Marriott Wynch and Flora Willis in such parts shares 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 or some or one of their issue as I should think fit and should by such will direct and whereas the said testator departed this life on the twenty third day of June one thousand eight hundred and nineteen without having revoked or altered the said power or authority so by his said will given to and vested in me and the same will with a codicil thereto not affecting the said power were soon after duly proved in the Prerogative Court of the Archbishop of Canterbury by the executors therein named And whereas by an indenture bearing date on or about the nineteenth day of August one thousand eight hundred and twenty two (endorsed on the said in part recited indenture) and made between me of the first part the said William Smith of the second part and Charles Bourchier of Lincolns Inn in the said County of Middlesex Esquire of the third part reciting that since the date and execution of the said indenture of the first day of December one thousand eight hundred and eleven the said Benjamin Wimberley Salmon had departed this life leaving the said William Smith his cotrustees then surviving and that the said William Wynch has also departed this life leaving me then surviving and reciting that the said William Smith was desirous of being discharged from the trusts of the said indenture of the first day of December one thousand eight hundred and eleven I had in pursuance of the power given and received by the same indenture determined to appoint the said Charles Bourchier to be a trustee in the room of the said Benjamin Wimberley Salmon deceased and William Smith for all purposes for which they were trustees and writing that under and by virtue of the power for that purpose contained in the same indenture the said William Smith and Benjamin Wimberley Salmon with the consent and approbation of the said William Wynch and myself sold and disposed of the said stocks funds and securities and invested the produce thereof in the purchase of the said six thousand eight hundred and sixty six pounds thirteen shillings and four pence three pounds per cent consolidated bank annuities and four hundred and sixty eight pounds bank long annuities as mentioned in the said testators said will and reciting that the said William Smith had on or before the day of the date of the indenture of these parts now in recital by my direction transferred the said six thousand eight hundred and sixty six pounds thirteen shillings and four pence three pounds per cent consolidated bank annuities and four hundred and sixty eight pounds bank long annuities into the name of the said Charles Bourchier  It is by the said indenture now in recital witnessed that I in pursuance of the said power and authority did by that indenture duly executed and attested nominate and appoint the said Charles Bourchier to be a trustee of the said several bank annuities for the purposes mentioned in the said indenture of the first day of December one thousand eight hundred and eleven of and concerning the same in the place of the said Benjamin Wimberley Salmon and William Smith and it is by the indenture now in recital further witnessed and covenanted and agreed by and between the parties thereto and particularly the said Charles Bourchier did covenant and declare that the said several bank annuities so transferred into and then standing in his name as aforesaid were transferred to him and that he his executors and adm’ors should stand possessed thereof and of the interest and annual proceeds thereof upon such and the same trusts and for such and the same purposes as in and by the said indenture of the first day of December one thousand eight hundred and eleven are expressed and declared of and concerning the therein mentioned trust monies funds and securities or upon such and the same trusts and purposes as were then subsisting and capable of taking effect now I the said Rhoda Wynch in exercise and full execution of the power and authority so given to and vested in me as hereinbefore mentioned do by this my last will and testament signed sealed and published by me in the presence of and attested by the two credible persons whose names are subscribed as witnesses attesting such my signing sealing and publishing give and dispose of so much and such part of the said stocks and securities as will produce the sum of four thousand and five hundred pounds [  ] unto and between two of my said three children in such parts shares and proportions and at such time or times and with such limitations over as herein after by me directed (that is to say) I give unto my executors herein after appointed their executors and adm’ors the sum of two thousand pounds part of the said sum of four thousand and five hundred pounds upon trust to invest the said sum of two thousand pounds in the purchase of bank consolidated three per cent annuities in the names of my said executors or in the name of the survivor or in the names of the executors or adm’ors of such survivor and I do hereby direct that they my said executors and the survivor of them his executors or adm’ors shall stand possessed of and interested in the said bank annuities when purchased upon trust to pay into or empower my daughter the said Flora Willis or his assigns to receive the interest or dividends thereof for @ during the term of her natural life and from and immediately after her decease in to three equal parts or shares of the said bank annuities in trust for her daughters being my granddaughters Rhoda Susan Willis, Elizabeth Ann Georgiana Willis and Emily Frances Willis equally to be divided between them share and share alike as tenants in common and not as joint tenants at their respective ages of twenty one years or day of marriage which shall first happen with benefit of survivorship and accrue to and among them in the meantime and if only one of such children shall live to attain a vested interest to transfer the whole to such grandchild and upon trust to pay or apply the interest or dividends thereof for the maintenance and education of such children or child until their respective shares of the capital shall become transferable according to their presumptive or expectant shares thereof and in case none of the said children shall live to acquire a vested interest in the said trust bank annuities then in trust for my three grandsons William Alexander Willis, James [Legge] Willis and Paul Wynch Willis equally to be divided between or among them share and share alike and as to the remaining the fourth part of the said bank annuities in which the said sum of two thousand pounds is to be invested as aforesaid in trust for my said three grandsons the said William Alexander Willis, James [Legge] Willis and Paul Wynch Willis equally to be divided between them share and share alike as tenants in common and not as joint tenants at their respective ages of 21 years with benefit of survivorship and accrue between and among them at the mean time and with the like powers of applying the interest of their several presumptive shares of the capital for their maintenance and education as before mentioned and as my said son Paul Marriott Wynch is now provided for I do give unto my said son Peter Bourchier Wynch his executors adm’ors and assigns absolutely to and for his and their use and benefit the sum of four thousand and five hundred pounds I direct that my remains may be interred in the church yard at Lee aforesaid with as little expense as may be consistent with decency and subject to the payment of my just debts funeral and testamentary expenses I give and bequeath the residue of such trifling effects as I shall have undisposed of unto my said son Peter Bourchier Wynch his executors adm’ors and assigns to and for his and their use and benefit absolutely And I appoint my said son Peter Bourchier Wynch and the said Charles Bourchier to be executors of this my last will and testament In witness whereof I have to this my last will and testament set my hand and seal this twenty seventh day of July one thousand eight hundred and twenty six and I have executed or intend to executet a duplicate hereof in like manner the same day – Rhoda Wynch – The writing contained in this sheet of paper was signed sealed published and declared by Rhoda Wynch the testatrix as and for her last will and testament in the presence of us who here unto subscribe our names as witnesses – Alex Murray of Symonds Inn – Pat Gordon Symonds Inn

 

Probate 25th February 1837

Proved at London the 25th Feby 1837 before the Worshipful John Danberry Dr of Laws and Surrogate by the oaths of the Reverend Peter Bourchier Wynch the son and Charles Bourchier Esqre the executors to whom adm’on was granted having been first sworn duly to admr

 

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