Will of Samuel Dowbiggin (1726-1809)

This will was obtained from the PRO in England and transcribed by Diane E. Main, April 2003.

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Samuel Dowbiggin, Esq. (66 114)
In the Name of God Amen
I Samuel Dowbiggin of Enfield in the County of Middlesex Esquire being of sound and disposing mind memory and understanding and duly considering the uncertainty of human life do make this my last will and testament as follows First and principally I command my soul into the hands of almighty God trusting to the Merits of my Redeemer for the confession of my sins my Body I commit to the Earth to be Interred in the Church Yard of the Parish of Saint Mary Islington in the same Grave where my late Father Lancelot Dowbiggin lies and I direct that my Friend Mr. Richard Townsend have the furnishing of Funeral And also direct that my Executors do provide and set up against the (Pier?) South of the Altar in the said Parish Church (if attainable otherwise in some other most prominent place there) a Monument of Marble agreeable to such design and with such Inscription as shall be found with this my will and that the same Inscription as is on the Head Stone of my said Father's Grave be transcribed on the said Monument And as to the worldly Estate wherewith it late pleased God to bless me I give and dispose of the same in manner following (that is to say) I give unto Elizabeth the wife of my son Samuel Dowbiggin Fifty pounds for Mourning and for her immediate occasions And I will and direct that the said Elizabeth Dowbiggin have full and entire use and occupation of my now Dwelling House at Enfield for and during one year from the time of my decease And I give unto her all my household goods and furniture pictures plate Linen and China and all my Liquors as shall be at or in my said Dwelling House and premises to and for her own use absolutely for ever And I further give unto the said Elizabeth Dowbiggin all that my Leasehold Messuage or Tenement with the appurtenances No. 11 situate on the Terrace Islington in the County of Middlesex now in the occupation of Mrs.(?) Gifford To hold unto and to the use of the said Elizabeth Dowbiggin and her assigns for and during the remainder of the term of years that shall be to come of the Loan under which I hold the same (if she shall so long live) Subject to the Rent and covenants therein reserved and contained And from and after her decease I give the same premises unto and to the use of my Grand Daughter Emily Rebecca Dowbiggin (in case she shall live to attain the age of Twenty one years) her Executors Administrators and Assigns for and during the then remainder of the term of the said Lease But in case my said Grand Daughter shall die before she shall attain the said age then I give and devise the said premises unto and for the use of such person or persons and for such intents and purposes and in such manner as I have hereinafter given the Residue of my Real Estate I give unto my Sons Launcelot and Samuel Dowbiggin each Five hundred pounds three per Cent Consolidated Bank Annuities the same to be transferred to them as soon after my decease as conveniently may be I give unto my said Son Launcelot Dowbiggin all that my Leasehold Estate No. 53 on the South Side of Paternoster Row London now in the occupation of John Hall To hold unto my said Son his Executors Administrators and Assigns for the remainder of the term of years that shall be to come of the Lease under which I hold the same subject to the Rent and Covenants therein reserved and contained I give unto my said Son Samuel Dowbiggin all that my Leasehold (farm?) with the appurtenances called Barbers Lodge situate in the parish of Hatfield in the County of Herts To hold unto my said Son his Executors Administrators and Assigns for the remainder of the term that shall be to come of the Lease under which I hold the same Subject to the Rent and Covenants therein reserved and Contained I give Devise and bequeath unto my Grandson Samuel Dowbiggin (Son of my said Son Samuel Dowbiggin) all that my Freehold Estate situate in Lower Thames Street and Pudding Lane London To hold unto and to the use of my said Grandson Samuel Dowbiggin (in case he shall live to attain the age of Twenty one years) his Heirs and Assigns for ever But in case my said Grandson shall die before he shall attain the said age then I give & devise the same premises unto and to the use of such person and persons and for such Intents and purposes and in such manner as I have hereinafter given devised and bequeathed the Residue of my Real Estate I request of my Executors to procure the accounts and differences between me and Mr. Thomas Lewis respecting his House in Fredericks Place aforesaid and also all accounts between me and the late Sylvanus Hall to be adjusted and settled as soon after my Decease as conveniently may be I give unto my Sister in Law Elizabeth Meredith Twenty Guineas for Mourning and a Ring of two Guineas value I give unto my Godson Samuel Meredith Fifty pounds 3 per Cents Consolidated Bank Annuities I give unto Thomas Meredith Nehemiah Meredith Elizabeth Meredith Susanna Pether(?) and Rebecca Meredith Sons and Daughters of my said Sister in Law Elizabeth Meredith ten pounds a piece I give unto Isabella Potts Daughter of Richard Farmer Deceased Five Guineas and to Jane Wright Daughter of the said Richard Farmer a Ring of Two Guineas Value And I give unto my Servant Maid Mary Colson Five Guineas I give unto my friends John Duffin Richard Townsend and William Cadwell my Executors hereinafter named Fifty pounds a piece and a suit of Mourning and a Ring such of the value of two Guineas I give to my Friends Medford Young and Roger Meredith each a Mourning Ring of the like value I give unto the Treasurer for the time being of the Ward School of Faringdon within One hundred pounds three per Cent Reduced Bank Annuities the Interest thereof only to be employed for the benefit of the said School And as to all the Rest Residue and Remainder of my Estate Real and Personal or of what other nature or kind soever and wheresoever the same may consist of or be at the time of my Decease not hereinbefore specifically and absolutely given devised or bequeathed I give devise and bequeath the same and all my Estate and Interest therein respectively unto and to the use of my aforesaid Friends John Duffin of the Liberty of Saint Martins le Grand Fanmaker Richard Townsend of Ludgate Hill London Feather Merchant and William Cadwell of Pater Noster Row London Surveyor their Executors Administrators and Assigns according to the nature of the same Estates respectively upon the Trusts nevertheless and for the intents and purposes and with under and subject to the powers provisoes and Declarations hereinafter expressed and declared of and concerning the same respectively (that is to say) To the use intent and purpose that by and out of the Rents Issues Dividends Interest or other profits and produce of my said Real and Personal Estates the several persons hereinafter named may receive or be paid the several annuities or yearly Sums hereinafter mentioned for their respective Lives clear of all Taxes and without Deductions (that is to say) my Son Launcelot Dowbiggin one Annuity or yearly Sum of Three hundred pounds for his life My Son Samuel Dowbiggin one Annuity or yearly Sum of Two hundred pounds for his life and my Daughter in Law the aforesaid Elizabeth Dowbiggin one Annuity or yearly Sum of Two hundred and Ten pounds for her life to and for her own sole and separate use and at her own Disposal exclusive of her husband and not subject to his control Debts or Engagements and whose Receipt alone (notwithstanding Coverture) shall be a Sufficient Discharge for the same All the said several Annuities or yearly Sums to be paid to the said Annuitant respectively by equal Quarterly payments (that is to say) on the Twenty fifth day of March the Twenty fourth day of June the Twenty Ninth day of September and the twenty fifth day of December in every year the first quarterly payments of the said Annuities respectively to begin and be made on the first of the said quarter days that shall happen next after my decease And I do hereby give unto the said Annuitants respectively all and every the usual powers and remedies by Distress or otherwise for the better payment and receipt of the said Annuities as occasion may from time to time require And as to the said Estates and premises so charged and subject thereto upon Trust that they the said Trustees for the time being do stand seized and possessed of the same until the youngest of my four Grand Children Samuel, Launcelot, William Henry, and Emily Rebecca Dowbiggin Sons and Daughters of my aforesaid Son Samuel Dowbiggin shall attain the age of Twenty one years And thereupon my mind and will is And I do hereby direct that my said Freehold and Leasehold Estates be valued and appraised by two competent Surveyors to be for that purpose nominated and appointed by the said Trustees for the time being and Divided into so many equal proportions as near as may be as there shall be then living of my said Grand Children and that the same proportions may be then had and taken by them respectively according to Lot to be then drawn for that purpose and not further or otherwise And I thereupon give devise and bequeath the same Estates unto them my said Grand Children respectively as with Lots as aforesaid their Heirs Executors Administrators & Assigns according to the nature of the same Estates And I do hereby further direct that in case the said Surveyors so nominated as aforesaid shall disagree in such valuation appraisement and Division as aforesaid then the said Surveyors are to choose a third person to value appraise and make such division as aforesaid and thereupon such valuation appraisement and Division as shall be then made by the said three Surveyors or any two of them shall be conclusive and binding to and upon all the parties interested therein and shall be paid had and taken by them accordingly And I do direct that such part of my Personal Estate as shall be vested in the public Fund be at the same time transferred unto and amongst my said Grand Children or such of them as shall be then living equally share and share alike to and for their his or her own use And I do direct that the said Trustees for the time being do from time to time which and as any other of my said Grand Children shall attain the age of Twenty one years pay unto him her or them their Shares of the Rents and Profits Dividends and Interest or other net produce of my said Real and Personal Estates so given to or in trust for them as aforesaid to and for their own use until such Division of my said Estates shall be duly had and made as aforesaid and the same duly vested in them And that the said Trustees do also pay and apply the residue of the Rent and Profit Dividends Interest or other produce of my said Real and Personal Estates or so much thereof as they the said Trustees shall think requisite for or towards the maintenance and education of such of them my said four Grand Children as shall not have attained the said age until they shall become entitled to the same Estates and to lay out invest and improve the residue thereof in the public Funds for such Childrens future benefit and advantage Provided and my mind and will is that it shall and may be lawful to said for the said Trustees for the time being as and when they in their discretion shall think proper or see occasion to renew the Lease or Leases of any part of my Leasehold Premises and pay the fine and fees and other Expenses necessary to be paid for such renewal or renewals out of any of the Trust Bonds in their hands And I do hereby give unto the said Trustees for the time being full power to grant Leases of my said Estates or any part thereof for any term or terms not exceeding Twenty one years in possession and not in reversion so as the best Improved Rents be restored without taking any fine and the Lessees be not made dispunishable for waste and that the Lessees do Execute Counter parts of such Leases And I do hereby direct that when and so often as either of them the said John Duffin Richard Townsend and William Cadwell my said Trustees hereby appointed or any succeeding Trustee shall Die or refuse or become incapable to act or otherwise be desirous to be discharged of and from the execution of the aforesaid Trusts it shall and may be lawful to and for the said Surviving or other Trustee or Trustees to nominate and appoint any other person to be a Trustee for the purposes herein mentioned instead of such Trustee so dying or refusing or becoming incapable to act or being desirous to be discharged of the Trusts hereby in him released And the said Trust Estates and premises shall be thereupon conveyed or transferred so as the same may be invested in such New Trustee and the former acting Trustees and such now New Trustee together with the former acting Trustee shall from thenceforth stand sacred and be possessed of the said Trust Estates and premises and with the same powers and authorities as fully and effectually as if such new Trustee had been originally herein named And my mind and will further is that the said Trustees for the time being shall be charged and chargeable only for such Monies as they shall respectively actually receive and that the only one shall not be answerable or accountable for the other or others or for the receipts neglects or defaults of the other or others but each only for his and their own acts receipts neglects or defaults And that they the said Trustees shall and may by and out of the Monies that shall come to their respective hands by virtue of the Trusts aforesaid retain to and reimburse themselves respectively all such Costs Charges and Expenses which they shall or may respectively sustain expend disburse be at or be put unto in or about the execution of the Trusts hereby in them reposed or in anywise relating thereto And I hereby appoint my aforesaid Friends John Duffin Richard Townsend and William Cadwell Executors of this my will hereby revoking all former Wills by me made and declaring this to be my last Will and Testament In Witness whereof I the said Samuel Dowbiggin have to this my last will and Testament contained in six sheets of paper to the first five sheets thereof set my hand and to this sixth and last sheet my hand and seal the Eighth day of November in the year of our Lord one thousand seven hundred and ninety nine Saml. Dowbiggin Signed Sealed published and declared by the said Samuel Dowbiggin the Testator as said 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 subscribed our Names as Witnesses J.E. Pownall Doctors Commons G. Arrowsmith (I or J) Lawrence (Hlks to Young Ho.??)

I Samuel Dowbiggin of Enfield in the County of Middlesex Esquire Do by this writing which I declare to be a Codicil to and part of my last will and Testament bearing date the eighth day of November now last past Give unto my Friend Richard Smith Appleyard of James Street Bedford Row in the County of Middlesex Esquire (one of my Executors hereinafter named) in the room of Richard Townsend an Executor in my said will named but now deceased) Fifty pounds a suit of Mourning and a Ring of the value of Two Guineas I also give unto Mr. John Hale of Birch(?) Lane Cannon Street London Builder a Ring of the like value And I give devise and bequeath all the rest residue and remainder of my Estate Real and Personal or of what other nature or kind soever and wheresoever the same may consist of or be at the time of my Decease not in and by my said will or hereby specifically and absolutely given devised and bequeathed and all my Estate and Interest therein respectively unto and to the use of my Friends John Duffin and William Cadwell in my said will named and the said Richard Smith Appleyard their Heirs Executors Administrators and Assigns according to the nature of the same Estates respectively Upon the Trusts nevertheless and for the intents and purposes and with under and subject to the powers provisoes and Declarations in my said will mentioned and expressed and declared of and concerning the same respectively and that as fully and effectually as if the same were herein repeated And I hereby appoint them my said Friends John Duffin William Cadwell and Richard Smith Appleyard Executors of my said will and Trustees of every Trust therein mentioned and with every power and authority therein contained and with the like provision for the appointing other Trustees in the stead of any of them dying or refusing or becoming incapable to act or otherwise to be discharged of and from the execution of the said Trusts and that as fully and effectually as if they had all been originally and only named Trustees and Executors therein And I hereby ratify and confirm my said will in every respect wherein I have not hereby altered or varied the same In Witness whereof I have hereunto set my hand and seal this eighth day of March in the year of our Lord one thousand eight hundred Saml. Dowbiggin Signed Sealed Published and Declared by the said Samuel Dowbiggin as and for a Codicil to and part of 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 subscribed our Names as Witnesses J.L. Pownall Doctors Commons Nehemiah Meredith Cheesemonger Clerkenwell Green Samuel Phillips (illegible)

I Samuel Dowbiggin of Enfield in the County of Middlesex Esquire do by this writing which I declare to be a Codicil to and part of my last will and Testament bearing date the eighth day of November one thousand seven hundred and ninety nine order and direct and my mind and will is that all and every the provisions in and by my said Will made to and for the use of my Grand Daughter Emily Rebecca Dowbiggin shall be to and for her own sole and separate use exclusive of any Husband she may have and wherewith he shall not intermeddle and that the same shall in no wise be subject or liable to his control Debts or Engagements And I do declare that the receipt alone without any such Husband shall be a sufficient Discharge for so much as she shall from time to time receive to the person or persons paying the same any thing in my said Will or in the Codicil since made thereto contained to the Contrary thereof in any wise notwithstanding And I hereby ratify and confirm my said Will and Codicil in every respect wherein I have not hereby altered or varied the same In Witness whereof I the said Samuel Dowbiggin have hereunto set my hand and seal the twenty second day of August in the year of our Lord one thousand and eight hundred Saml. Dowbiggin Signed Sealed published and Declared by the said Samuel Dowbiggin the Testator as and for a Codicil to 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 hereunto set our Hands as Witnesses John Howell Bennetts Hill J. E. Pownall Doctors Commons G. Arrowsmith Ditto

This is a Codicil to the last Will and Testament of me Samuel Dowbiggin of Enfield in the County of Middlesex Esquire Whereas I have in and by my said Will given and Secured to and for the use of my Daughter in Law Elizabeth Dowbiggin the wife of my youngest Son Samuel Dowbiggin (besides other provisions thereby made for her) an Annuity or yearly Sum of Two hundred Guineas to be paid to her quarterly during the term of her natural life in manner therein mentioned Now I do hereby give and bequeath to my Trustees and Executors in my said Will named Upon Trusts for the use and benefit of my said Daughter in Law Elizabeth Dowbiggin and for her sole and separate use independent of her present or any future Husband a further and additional Annuity or yearly Sum of Two hundred pounds to be paid to her by them or the Survivors or Survivor of them for and during the term of her natural life And I direct that such additional Annuity be secured by and with a different part of my Personal Estate in the public Funds or on Government or Real Securities and that the Interest and Dividends thereof be payable and paid to her on the same Days and times and in the manner and form directed by my said Will with respect to the Annuity of Two hundred Guineas thereof thereby given and bequeathed to or for her benefit In Witness whereof I have hereunto set my hand and seal this twenty fourth day of January in the year of our Lord one thousand eight hundred and five Samuel Dowbiggin Signed Sealed published and declared by the said Testator as and for a Codicil to 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 hereunto subscribed our Names as Witnesses Elizabeth (Whabim?) at Mr. Meredith's Clerkenwell Green James Smith at Mr. Meredith's Clerkenwell Green

It is my Will and desire that my Sons shall not interfere in any manner with my Executors in the management of my affairs if they do they shall not have their Income Saml. Dowbiggin August 15th 1805

This is a further Codicil to the last Will and Testament of me Samuel Dowbiggin of Enfield in the County of Middlesex Esquire Whereas I have in and by my said will given to or made certain provisions for my Sons Lancelot Dowbiggin and Samuel Dowbiggin payable in manner and at the time therein particularly mentioned Now I do hereby give and bequeath to each of my said Sons in addition to the provision so made by my said Will an Annuity or clear yearly Sum of Two hundred pounds to be payable to each of them and their respective Assigns during their respective natural Lives by my Executors therein named by four equal quarterly payments at Lady Day in Midsummer Michaelmas and Christmas the first payment of such Annuities respectively to be made to my said Sons or their respective Assigns on such of those Days as shall next happen after my Decease And I direct that a Sufficient part of my Personal Estate be a part as soon as conveniently may be after my death in the public Funds or Government or Real Securities to (Answer?) such Annuities respectively I give and devise unto Richard Smith Appleyard Esquire and Mr. William Cadwell two of the Executors in my said Will named and to their Heirs All that my Freehold Messuage or Tenement situate at Enfield aforesaid wherein I now reside together with the Yard Gardens Coach house Stabling and other outbuildings thereunto adjoining and also all those several Fields or Closes of Meadow Ground thereunto also near adjoining and belonging now in the occupation of Mr. Monk with their and every of their rights Members and Appurtenances To hold to the said Richard Smith Appleyard and William Cadwell and their heirs upon the Trusts and for the Intents and purposes following (that is to say) Upon Trust to permit my Daughter in Law Elizabeth Dowbiggin wife of my Son Samuel Dowbiggin to inhabit and dwell therein and use and occupy the same premises or any part thereof to and for her own exclusive use and benefit for and during the term of her natural life or otherwise if she shall so think fit for my said Trustees to sell let the same and (inserted = and reserve? The Rents _____ and profits thereof and ____ apply? the same and) every part thereof to and for such person or persons as my said Daughter in Law shall during her natural life from time to time as such Rents and Profits shall respectively become due and payable and not by forestalling the same by any order in writing under her hand direct or appoint and in default of some such direction or appointment then to pay the same into the Proper Hands of my said Daughter in Law for her sole and separate use exclusive of her present or any future Husband And upon further Trust from and immediately after the decease of my said Daughter in Law to convey my said Messuage or Tenement Lands and Hereditaments to the person or persons and their Heirs or Assigns to or for the benefit of whom I have by my said Will devised the Residue of my Freehold Estates In Witness whereof I have hereunto set my hand and seal this twenty first day of November in the year of Our Lord one thousand eight hundred and seven Saml. Dowbiggin Signed Sealed published and declared by the said Testator Samuel Dowbiggin the elder as and for a Codicil to 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 hereunto subscribed our Names ad Witnesses thereto Anne M. Elwin Hy. Clark(?) Elizabeth Day all of Enfield Middx.

25th Novr. 1809 On which Day Appeared Personally Robert Langley Appleyard of Lincolns Inn in the County of Middlesex Gentleman and Nehemiah Meredith of Clerkenwell Green in the same County Cheesemonger and being Sworn to depose the truth Severally made Oath as follows that they know and were well acquainted with Samuel Dowbiggin formerly of Paternoster Row London but late of Enfield Chase in the County of Middlesex Esquire Deceased for some time before and to the (time?) of his death and also well acquainted with his manner and character of handwriting and subscription having frequently seen him write and write and subscribe his name and having now carefully viewed and perused the fourth Codicil to the Will of the said Deceased being contained in the following words and figures "It is my Will and desire that my Sons shall not interfere in any manner with my Executors in the management of my Affairs if they do they shall not have their Income" and thus subscribed "Saml. Dowbiggin" and dated "August 15.1805" and the Name "Wm. Cadwell" written with a Black Lead Pencil over the words "Mr. Richard Townsend" appearing to be Struck thro' with a black Lead pencil in the tenth line from the top of the Will of the said Deceased They those Deponents So say that they verily and in their consciences believe that the name "Wm. Cadwell" appearing in Pencil in the will of the said Deceased and the fourth Codicil to the said Will with the subscription and date thereto are all of the proper handwriting and subscription of the said Samuel Dowbiggin Deceased Robt. L. Appleyard On the 25th day of November 1809 the said Robert Langley Appleyard was duly sworn to the truth of this affidavit Before me (I or J) Phillimore Surre. Pt.? Wm. Moore Not. Publ. Nehemiah Meredith On the 27th day of November 1809 the said Nehemiah Meredith was duly Sworn to the truth of this Affidavit Before me S. Parson Sur. Pt.? Wm. Moore Not. Publ.

Proved at London with Five Codicils the 29th November 1809 before the worshipful Thomas Edwards Doctor of Laws & Surrogate by the Oaths of William Cadwell and Richard Smith Appleyard Esquire the surviving Executors they having been first Sworn duly to administer.

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