Alexander Wynch – Will

Alexander Wynch Esq (Will Dated 4/11/1778)

(Transcription by Julian Lyon)

This is the last will and testament of me Alexander Wynch of Upper Harley Street in the County of Middlesex Esquire.  After resigning my soul into the hands of Almighty God and my body to the earth to be decently buried at the discretion of my executors hereinafter named or such of them as can most conveniently act or attend upon that occasion.  I order will and direct that all my just debts funeral expenses and the probate of this my will shall be fully paid and satisfied out of my personal estate as soon as conveniently may be after my decease. And I give devise and bequeath unto my dear wife Florentia Wynch the sum of one thousand pounds of lawful money of Great Britain to be paid to her as soon as conveniently may be after my decease and also all her wearing apparel rings jewels and other things serving to the use or ornament of her person.  I give and bequeath unto my said dear wife all that my messuage or dwelling house in Upper Harley Street aforesaid with the coach houses offices stables and appurtenances whatsoever to the same belonging or therewith usually occupied possessed or enjoyed and all my estate term of years and interest therein and likewise all the plate linen china pictures household goods furniture fixtures and other things which shall belong to my said dwelling house and premises at the time of my death to and for her own absolute use and benefit in case she shall continue my widow and not intermarry with any other person after my death but in case she shall marry again to any other person then I give to my said wife the said messuage coach house offices stables and appurtenances and the plate linen china pictures household goods furniture fixtures and other things which shall so belong to my said dwelling house and premises at the time of my death for the term of her natural life only and from and after her death I will and direct that the same shall be considered part of my personal estate and be divided amongst my seven sons, William, Alexander, George, John, James, Charles and Francis Wynch in the manner and with such benefit of survivorship as the residue of my personal estate is hereafter by me given and disposed of.  And I give devise and bequeath all my messuages tenements lands hereditaments and premises situate standing lying and being at Wandsworth in the County of Surrey in manner and form following that is to say one third part thereof the whole into three equal parts to be divided I give devise and bequeath unto my said dear wife Florentia for and during the term of her natural life and from and immediately after the decease of my said dear wife I give devise and bequeath the said third part to my eldest son William Wynch his heirs and assigns for ever and the remaining two third parts thereof I give and devise to my said son William Wynch and his heirs from and immediately after my own death.  I likewise give and bequeath to my said son William Wynch the sum of five thousand pounds of lawful money of Great Britain to be paid to him as soon as conveniently may be after my decease and I hereby declare that the same is to be given to him over and besides such share or proportion of my personal estate as he will be entitled to with the rest of my sons under and by virtue of this my will and I hope and desire that my said son William will entertain a due sense of the preference so shown to him and have a proper regard  for his brothers and sisters and assist them as much as lies in his power.  I give and bequeath unto my good friend William Smyth King Esquire and to my son in law Edward Watts Esquire one hundred pounds each for a mourning ring hereby earnestly entreating them to accept of the trusts hereinafter in them reposed for the benefit of their relations and my children. I give and bequeath unto my son Robert Wynch the sum of one hundred pounds to be paid to him immediately after my death.  I also give and bequeath unto my said son Robert for and during the term of his natural life one annuity or clear yearly sum of three hundred pounds of lawful money of Great Britain free from all taxes and reductions whatever to be paid to him by four equal quarterly payments on the most usual feasts or days of payment in the year that is the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September in each year the first quarterly payment thereof to begin and be made on such of those feast days as shall first happen next after my decease provided always and my will and mind is and I do hereby order and direct that the said annuity or yearly sum of three hundred pounds hereinbefore given and bequeathed to my said son Robert and every part thereof when and as the same shall respectively become due and payable shall be paid unto and into his proper hands only and not into the hands of any other person or persons by his order or for his use to the end that the said annuity shall not be transmissible or at the disposal or at the disposal of my said son it being my intention or desire that the same shall cease to be paid on any attempt by my said son to assign sell or otherwise dispose of the same or any part thereof by any art device or contrivance whatsoever.  I also give and bequeath unto my said dear wife Florentia for and during the term of her natural life one annuity or clear yearly sum of one thousand two hundred pounds of like lawful money free from all taxes and deductions whatsoever to be paid to her by four equal quarterly payments on the most usual feasts or days of payment in the year that is the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September in each year the first quarterly payment thereof to begin and be made on such of those feast days as shall first happen next after my decease.  I give and bequeath to Mrs Mary Wynch of Paradise Street in the Parish of Mary le Bone and her assigns for and during the term of her natural life one annuity or clear yearly sum of one hundred pounds free from all taxes and deductions whatsoever to be paid to her by four equal quarterly payments on the most usual feasts or days of payment in the year that is the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September in each year the first quarterly payment thereof to begin and be made on such of those feast days as shall first happen next after my decease.  I also give and bequeath to each of my daughters Margery Wynch and Frances Wynch the sum of ten thousand pounds to be paid to them respectively on their attaining their age of twenty one years or day or days of marriage which shall first happen and I will and direct that my trustees hereinafter named do and shall pay and apply such sum and sums of money by and out of my personal estate for and towards the maintenance and education of my said daughters respectively until their said portions shall become payable as to my said executors and trustees shall deem fit and necessary not exceeding the interest of their said respective portions after the rate of four pounds per centum per annum provided nevertheless and my will and mind is that the legacies so given to my said daughters respectively shall not be considered as vested interests until the same shall respectively become payable as aforesaid but in case my said two daughters Margery and Frances or either of them shall happen to die under the age of twenty one years and unmarried then that the portion or portions of her or them so dying shall sink into the residue of my personal estate and be considered as part thereof. And I do hereby charge and make liable all my personal estate of whatever nature or kind so ever to be with the payment of the said legacies and annuities before by me given and bequeathed as aforesaid and I do order and direct my executors herein after named to set apart and appropriate so much and such part or parts of my said personal estate as shall by them or the survivors of them be thought necessary and expedient for answering paying and discharging the said several legacies and annuities respectively.  All the rest and residue of my personal estate and effects of what nature or kind so ever subject and chargeable as aforesaid I give to my dear wife Florentia and to my said good friend William Smyth King my said son William Wynch and my said son in law Edward Watts upon the several trusts and to and for the ends intents and purposes hereinafter expressed or declared of and concerning the same that is to say in trust for my said sons William, Alexander, George, John, James, Charles and Francis Wynch in equal shares and proportions and to be paid to them respectively in manner following that is to say the shares of such of them as shall have attained the age of twenty one years as soon as conveniently may be after my decease and the shares of such of them as shall be minors at their respective ages of twenty one years or to be sooner advanced or paid for his or their advancement or preferment in the world either in the way of putting out such son or sons an apprentice or apprentices or in some genteel calling or profession or otherwise as to my said trustees or the survivors of them shall seem meet; and in case any of my sons shall happen to die before his or their share or shares of and in the said trust monies shall become payable or shall be sooner advanced or paid as aforesaid I will that the share or shares of him or them so dying or so much thereof as shall not have been sooner advanced or paid shall go or remain to the survivors or survivor of them his equal shares or proportions if more than one and shall be paid to him or them respectively at such time or times as his or their original share or shares of or in the said trust monies is or are hereinbefore directed to be paid and that what shall so survive as aforesaid shall from time to time likewise survive and go or be paid in like manner and also upon this further trust that my said trustees or the survivors of them shall and do by or out of the interest dividends or produce to arrive by placing out the said trust monies at interest in their own names and which they are hereby authorised and empowered to do raise or pay so much money for or towards the maintenance and education of my said sons respectively in the mean time or until their respective shares of or in the said trust monies shall become payable or shall be sooner advanced or paid as aforesaid not exceeding the interest of such shares respectively as they my said trustees or the survivors of them shall think fit provided always and I do hereby declare my will to be that the monies so to be advanced for any one of my said sons for or towards his advancement or preferment as aforesaid shall not exceed the sum of two thousand five hundred pounds provided also and I do hereby further will and direct that in case any of my said son or sons shall happen to die under the age of twenty one years leaving issue one or more child or children living at his or their decease respectively the share or shares of or in the said trust monies which would have belonged to such son or sons respectively in case he or they had lived to attain the age of twenty one years or so much thereof as shall not have been sooner advanced or paid as aforesaid shall not survive but shall be considered as an interest vested in such son or sons respectively at the time of his or their death and be transmissible to his or their respective representatives provided also and I do hereby further direct that it shall and may be lawful to and for my said trustees or the survivors of them at any time after placing out the said trust monies or any part thereof at interest as aforesaid to call in the same or any part thereof and to reinvest the same or any part thereof in their own names on any other security or securities at interest and afterwards to call in and reinvest the same from time to time in like manner as there shall be occasion but so as that such new or other security or securities and subject to such and the money thereby to be secured shall be made and subject to such and the like trusts as are hereby declared of or concerning the said original trust monies or such of the said trusts as shall be then existing or capable of taking effect provided always and I do hereby direct that when and so often as my said trustees shall be reduced to two that such two surviving trustees shall nominate and appoint another fit person to be a trustee with them in the management of the trusts hereby in whom reposed and that such new or other trustee so from time to time to be nominated shall be invested with the same powers and authorities as are hereby vested in the trustees named in this my will and I also direct that such sum or sums of money as shall remain at interest upon government or other securities shall be from time to time transferred by the surviving trustees into the names of themselves and such new trustees so to be from time to time nominated and appointed as aforesaid and I do hereby will order and direct that my said trustees and executors and the survivors or survivor of them his or her executors or administrators shall and may deduct and retain to him her or themselves all such costs charges damages and expenses as they or all of them shall pay sustain expend or be put into in or about the execution performance and defence of the trusts in them respectively reposed and also that they my said trustees and executors shall not be answerable or accountable for the acts receipts neglects or defaults of the other or others of them but each of them for his or her own acts receipts neglects or defaults only and that no one of them shall be answerable or accountable for any more money than what he or she shall actually receive by virtue of the trusts of this my will (their joining in any receipt or receipts for the sake of conformity only notwithstanding nor for any loss or damage which may happen to the said trust monies by failure of securities or otherwise unless the same shall happen through wilful neglect or default only And I do hereby nominate constitute and appoint the said Florentia Wynch, William Smyth King, William Wynch and Edward Watts executors of this my last will and testament and also guardians of all my younger children and I do hereby revoke all former wills by me at any time or times heretofore made and declare this to be my last will and testament. In witness whereof I have to the six first sheets hereof set my hand and to the seventh and last sheet my hand and seal this fourth day of November in the nineteenth year of the reign of his Majesty King George the Third and in the year of our Lord one thousand seven hundred and seventy eight – Ar Wynch – signed sealed published and declared by the said Alexander Wynch the testator as and for his last will and testament in our presence who at his request in his presence and the presence of each other have subscribed our names as witnesses – Jos Allen, Thos Brooke, W M Sellon

 

Codicil 28/8/1780

Whereas I Alexander Wynch of Upper Harley Street in the County of Middlesex Esquire did by my last will and testament bearing date the fourth day of November one thousand seven hundred and seventy eight amongst other things give and devise unto my dear wife Florentia Wynch all that my messuage or dwelling house in Upper Harley Street aforesaid with the coach houses offices and appurtenances to the same belonging and all my estate term of years and interest therein and likewise all the plate china pictures household goods furniture fixtures and other things which should belong to my said dwelling house and premises at the time of my death to and for her own absolute use and benefit in case she should continue my widow and not intermarry with any other person after my death but in case she married again then I gave to my said wife the messuage and premises with the appurtenances and the plate linen china pictures household goods furniture fixtures and other things which should so belong to my said dwelling house and premises at the time of my death for the term of her natural life only and from and after her death I willed and directed that the same should be considered as part of my personal estate and be divided amongst my seven sons, William, Alexander, George, John, James, Charles and Francis Wynch in the manner and with such benefit of survivorship as the residue of my personal estate was therein by me given and disposed of and whereas since the making of my said will I have purchased a messuage with the out offices gardens and appurtenances thereto belonging at Westrop otherwise Westhrop in the county of Bucks together with several closes pieces and parcels of land thereunto also belonging and which are all now in my own occupation and whereas I am desirous that my said dear wife Florentia Wynch should have her election either to take the said messuage and premises in Upper Harley Street with the plate pictures household goods and other things which shall be therein at the time of my death or the said messuage estate and premises at Westrop otherwise Westhrop aforesaid in the County of Bucks with the plate linen china pictures household goods furniture fixtures cattle and other things which shall be in or upon my said estate and premises at Westrop otherwise Westhrop at the time of my death upon the same terms and conditions as I have in and by my said will given and bequeathed my said house and premises in Upper Harley Street now I do hereby direct and declare that it shall and may be lawful for my dear wife at any time within six months next after my decease by any writing under her hand to elect and determine whether she will take and accept the said messuage and premises in Harley Street aforesaid with the plate pictures household goods and other things which shall be therein at the time of my decease or the said messuage lands and premises with the appurtenances in Westrop otherwise Westhrop aforesaid in the County of Bucks together with the plate pictures household goods and other things which shall be therein at the time of my decease and in case my said dear wife shall elect to accept and take the said messuage land and premises at Westrop otherwise Westhrop aforesaid together with the plate pictures household goods and other things which shall be therein at the time of my decease then and in that case I do hereby revoke and make void the devise and bequest in my said will to my dear wife of the said messuage and premises in Upper Harley Street aforesaid with the plate pictures household furniture and other things which shall be therein at the time of my death and do direct that the same shall be deemed and considered as part of the residue of my personal estate and divided amongst my said seven sons in the manner mentioned in my said will and in lieu thereof I do hereby give and devise unto my said dear wifeand her heirs my said messuage lands and premises at Westrop otherwise Westhrop aforesd together with the plate pictures household goods furniture cattle and other things which shall be in or upon the same at the time of my death upon condition that she shall remain my widow and not intermarry with any other person after my death but in case she shall marry again to any other person then I give to my said wife the said messuage lands and premises at Westrop otherwise Westhrop aforesaid together with the plate pictures household goods furniture cattle and other things which shall be in or upon the same at the time of my death for the term of her natural life only or in case my said wife shall elect to accept and take the said meesuage and premises in Harley Street then I give and devise the said messuage lands and premises at Westrop otherwise Westhrop aforesaid together with the plate pictures household goods furniture cattle and other things which shall be in or upon the same at the time of my death unto my good friends William Smyth King Esquire and my son in law Edward Watts Esquire their heirs executors administrators and assigns upon trust that they or the survivor of them his heirs executors or administrators do and shall with all convenient speed after my said wifes death or after she shall have elected to take the said messuage and premises in Upper Harley Street aforesaid sell and dispose thereof for the most money or best price that can be got for the same and do and then pay apply and divide the money to arise by such sale to and amongst my said seven sons William, Alexander, George, John, James, Charles and Francis Wynch in equal shares and proportions in the like manner and to be paid at such time and times and with such benefit of survivorship as I have in and by my said will given and bequeathed the residue of my personal estate to or for their use or benefit and whereas I have in and by my said will given and bequeathed unto my son Robert Wynch the sum of one hundred pounds and also a clear yearly annuity of three hundred pounds to be paid to him quarterly as therein mentioned Now I do hereby give unto my said son Robert Wynch the further yearly sum of one hundred and fifty pounds clear of all taxes and deductions whatsoever for and during the term of his natural life over and above the annuity of three hundred pounds given to him by my said will the same to be paid by four quarterly payments and on the days and times in my said will mentioned for the payment of the said annuity of three hundred pounds a year and I do hereby direct my executors to set apart and appropriate a sufficient part of my personal estate for answering the said annuities of three hundred pounds and one hundred and fifty pounds making together four hundred and fifty pounds during the life of my said son Robert and invest the same in the publick funds or on real securities and from and after the death of my said son Robert then I will and direct that the money so to be set apart for answering the said annuities shall be deemed part of my personal estate and be paid and divided amongst my said seven other sons and the survivors of them in the manner I have in and by my said will given and disposed of the residue of my personal estate to and for their use or benefit provided always and my will and mind is and I do hereby order and direct that the said annuity or yearly sum of one hundred and fifty pounds herein before given and bequeathed to my said son Robert and every part thereof when and as the same shall respectively become due and payable shall be paid unto and into his own proper hands only and not into the hands of any other person or persons by his order or for his use to the end that the said annuity shall not be transmissible or at the disposal of my said son it being my intention or desire that the same shall cease to be paid on any attempt of my said son to assign sell or otherwise dispose of the same or any part thereof by any act device or contrivance whatsoever.  I give and bequeath to my son William Wynch the sum of three thousand pounds as an addition to the fortune or provision I have given him in and by my said will.  I give and bequeath to William Spence for and during the term of his natural life one annuity or yearly sum of thirty pounds clear of all taxes and deductions whatsoever to be paid to him by four equal quarterly payments on the most usual feasts or days of payment in the year that is the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September in each year the first quarterly payment thereof to begin and be made on such of those feast days as shall first happen next after my decease.  I give and demise my messuage garden and premises at Madras in the East Indies to such of my sons as shall be resident at or belong to the settlement at Madras aforesaid at the time of my decease their heirs executors and administrators as tenants in common and I do hereby declare this to be a codicil to my will and to be taken as part thereof In witness whereof I have to the first five sheets hereof set my hand and to the sixth and last my hand and seal this twenty eighth day of August in the twentieth year of the reign of his Majesty King George the Third and in the year of our Lord one thousand seven hundred and eighty – Ar Wynch– signed sealed published and declared by the said Alexander Wynch the testator and as and for a codicil to his last will and testament in our presence who at his request in his presence and in the presence of each other have subscribed our names as witnesses – Jos Allen, WM Sellon, Jos Allen Junr

 

Probate 30/5/1781

This will was proved at London with a codicil the thirtieth day of May in the year of our Lord one thousand seven hundred and eighty one before the worshipful William Trott doctor of laws and surrogate of the right worshipful Peter Calvert also doctor of laws master keeper or commissary of the prerogative court of Canterbury lawfully constituted by the oaths of Florentia Wynch widow the relict of the deceased William Smyth King Esquire William Wynch Esquire the son of the said deceased and Edward Watts Esquire 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.

 

Lincolns Inn – Master of the Rolls for Lord Chancellor 21/2/1788

Alexander Wynch by his will, gave to each of his daughters Margery and Frances Wynch, the sum of 10,000l. to be paid them respectively at their attaining the age of 21 years, or day or days of marriage, which should first happen; and he directed his trustees should pay and apply such sum and sums of money out of his personal estate towards the maintenance and education of his said daughters respectively until their said portions should become payable, as to his executors and trustees should deem fit and necessary, not exceeding the interest of their respective portions after the rate of 4 per cent; and he declared it to be his will that the legacies so given to his said daughters respectively should not be considered as vested interests until the same should become payable as aforesaid; but in case the said Margery and Frances, or either of them should happen to die before 21 and unmarried, then that the portion or portions of her or them so dying should sink into the residuum of his personal estate, and be considered as part thereof.

 

The question made on this part of the will was, whether Margery and Frances Wynch were entitled absolutely to interest at 4 per cent. on their legacies, or only to a maintenance, till the time they became payable.

 

A paper which was found wrapped up with the testator’s will was produced, which was strongly in favour of the daughters’ claim of interest; but it appearing to the Court to be of a testamentary nature, and not proved in the Spiritual Court, his Honour devclared he could take no manner notice of it, and that he should deliver his opinion upon this point, as if he had never seen or heard of the paper.

 

The Solicior-General and Campbell argued that on the clause itself the daughters were entitled to interest on their legacies at 4 per cent.; that if nothing had been given by the will by way of interest or maintenance, yet this being a legacy to a child, it would of itself carry interest from the death of the testator, whether a vested legacy or not; for in that case the Court always gave the whole interest of the legacy as a maintenance for the child.

 

Master of the Rolls:- It is very clear that when a father gives a legacy to a child, whether it be a vested legacy or not, it will carry interest from the death of the testator, as a maintenance for the child; but this will be only where no other fund is provided for such maintenance; for it is equally clear, that where other funds are provided for the maintenance, then if the legacy be payable at a future day, it shall not carry interest, until the day of payment comes as in the case of a legacy to a perfect stranger.  Now here the father has directed that maintenance shall be paid out of his personal estate; if it had been payable out of the interest of the legacies, I should have thought the daughters entitled to what they claim; but as it is, I think they are not entitled to interest on their legacies, until the same become payable, but only to maintenance not exceeding 4 per cent. on their said legacies.

 

His Honour at first objecting to directing the Master to settle the maintenance, except by petition, but at last made it part of the decree.

 

After the decree was pronounced, the counsel for the two daughters Margery and Frances Wynch, desired that the consideration of the interest might be reserved until they could have an opportunity of propounding the paper above-mentioned in the Ecclesiastical Court, which his Honour thought reasonable and directed accordingly.

 

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