1795 Charles Wynch

11-1267-90-91_CharlesWynch_1795

This is the last will and testament of me Charles Wynch of Odiham in the County of Southampton Esquire a Captain in the Worcestershire Militia I give devise and bequeath all my real estate and all my household furniture plate china books linen horses carriages and other my personal estate and effects whatsoever and wheresoever unto my wife Folliott Augusta Wynch and George Perfect of Town Malling in the County of Kent surgeon their heirs executors administrators and assigns respectively upon the trusts and to and for the intents and purposes here in after declared and contained concerning the same (that is to say) in trust to use dispose of call in and convert the same into money and thereout to pay and satisfy all the debts I shall owe at the time of my decease the expenses of my funeral and the charges of proving this my will And I direct that my said trustees their heirs executors administrators and assigns shall stand and be possessed of and interested in the residue of the money to arise by the sale of my estate and effects as aforesaid after such payments as aforesaid upon these trusts following (that is to say) in trust to place out or invest the same in or upon government or real securities at interest and from time to time to alter and vary such securities and funds until the same shall become payable by virtue of the trusts and directions hereinafter contained and I direct that my said trustees their executors administrators and assigns shall stand and be possessed of and interested in the monies so to be invested or placed out at interest upon the trusts following (that is to say) In trust to pay the interest dividends and annual proceed thereof into the proper hands of my said wife or into the hands of such person or persons as she may by any note in writing under her hand shall appoint to receive the same during her life to the intent that the same may be for the sole and separate use of my said wife and may not be subject to the debts control disposition or engagements of any husband or husbands with whom she may after my decease intermarry And I do hereby direct that the receipt or receipts of my said wife or of such person or persons as she shall appoint to receive the same and her other receipts only shall be a good and sufficient discharge to the person or persons paying the same for so much thereof as in such receipt or receipts shall be acknowledges or expresses to be received and after the decease of the said wife the said money herein before directed to be invested or placed out at interest shall be in trust for all my children by my said wife living at my decease or born alive afterwards equally to be divided between or amongst them (if more than one) their respective executors administrators and assigns and if there shall be but one such child then in trust for such only child his or her executors administrators and assigns but if any such child shall die under the age of twenty one years in that case and thenceforth as well the original share or every other share of such of them so dying [   ] in the said money to be invested or placed out at interest as aforesaid shall be in trust for the others or other of them equally to be divided between or amongst them if more than one but shall not be payable sooner than the original portion or portions of such others or other of them shall become payable and if it shall happen that all such children shall die before any of them shall attain the age of twenty one years in that case the money hereinbefore directed to be placed out at interest shall be upon such trusts and to and for such intents and purposes and under and subject to such powers provisos and declarations as she my said wife notwithstanding the coverture and whether she shall be sole or married by any deed or deeds writing or writings with or without power of revocation only by her last will and testament in writing or any writing in the nature of or purporting to be her last will and testament to be by her respectively duly executed in the presence of and attested by two or more credible witnesses shall direct or appoint and in default of and in the meantime and until some such direction or appointment shall be made and as to so much and such part or parts thereof whereof no such direction or appointment shall happen to be made subject to such direction or appointment where the same shall happen not to be a complete and entire appointment of the whole interest and property therein in trust for the executors and administrators of my said wife as part of her personal estate and I direct that the interest and yearly dividends of the respective portions or shares for the time being of my said children of and in the said money hereinbefore directed to be invested or placed out at interest as aforesaid shall be applied for their respective portions or shares shall by virtue of this my will become payable in such manner as the trustees or trustee for the time being thereof shall think proper provided always and I declare and direct that it shall and may be lawful to and for the said Folliott Augusta Wynch and George Perfect and the trustees or trustee for the time being of the said money hereinbefore directed to or invested or placed out at interest as aforesaid by and with the consent and approbation of my said wife testified by any writing or writings under her hand during her life and after her decease of their own proper authority to raise and apply any part of the respective presumptive portions of my children during their respective infancies or minorities for their respective benefit not exceeding the sum of fifty pounds per annum as the trustees or trustee for the time being of the trust money shall think proper  I would also and hereby further declare and direct that the rents and profits of my said real estate hereinbefore provided until the sale thereof shall be paid to the same persons and applied to the same purposes and in the same manner as the interest of the money to arise by such sale or sales be payable as applicable to and I declare and direct that the receipt or receipts of the said Folliott Augusta Wynch and George Perfect either of them or of the trustees for the time being of my said real estate under [    ] or that in hand or hands respectively shall effectually discharge the purchaser or purchasers thereof of and from so much of the purchase money as shall [   ] be acknowledged or expressed to be received and that such purchaser or purchasers shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchasers money or any part thereof and I further declare and direct that if either of them the said Folliott Augusta Wynch and George Perfect shall die or refuse or decline to act in the trusts of this my will then a new trustee or trustees may be appointed by the surviving or continuing trustee and the said trust monies and promises shall in that case be conveyed assigned and transferred so as to be vested in such new and such surviving or continuing trustee upon the same trusts and with the same powers as hereinbefore mentioned and declared and concerning the same and so from time to time as often as that case shall happen I appoint my said wife guardian of such children as I shall have living at my decease or born alive afterwards or until they shall respectively attain the age of twenty one years if she shall so long continue my widow and from and after her decease or second marriage which shall first happen I appoint the said George Perfect guardian of such children until they shall respectively attain that age and I appoint my said wife and the said George Perfect executors of this my will and declare that they and the trustees or trustee for the time being thereof shall not be answerable one for another and by no means for involuntary loss and that they shall be allowed and may retain all their costs charges damages and expenses to be occasioned by the due execution of the trusts hereby in them reposed and I hereby revoke all my former wills  In witness whereof I the said Charles Wynch have to the two preceding sheets of this my will set my hand and to this the last sheet thereof set my hand and seal the thirty first day of March in the year one thousand seven hundred and ninety fiveCharles Wynch –  signed sealed published and declared by the said Charles Wynch as and for his last will and testament in the presence of the undermentioned persons who at his request and in his presence and in the presence of each other have hereunto set their names as witnesses the word assigns being first interlined on the thirty fourth line of the first sheet of this will – Dd Mapleton M D Odiham – Wm Bohams Odiham – Timothy Coffee Servt to Capt Wynch

 

Probate 29/10/1795

This will was proved at London the twenty ninth day of October in the year of our Lord one thousand seven hundred and ninety five before the Worshipful Samuel pearce Parson Doctor of Laws and Surrogate of the Right Homourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Folliott Augusta Wynch widow the relict of the deceased and one of the executors named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn duly to administer power reserved of making the like grant to George Perfect the other executor named in the said will when he shall apply for the same.

 

Comments or questions are welcome.

* indicates required field