Thomas Dowbiggin Esquire 75 (in right margin)
(bottom of page 37 front)
I Thomas Dowbiggin of Mount Street Grosvenor Square Upholsterer do hereby revoke all former Testamentary dispositions and declare this to be my last Will. I give to my wife Anne Dowbiggin all my wines liquors provisions and other consumable stores for her own use and also the possession and enjoyment during her life of all the household furniture . . . . plate linen china books prints pictures chattels and effects (other than money . . . . securities for money) which shall at the time of my death be in or about my dwelling house in Abercorn Place or other the house wherein I shall be resident at the time of my death or belonging to my Establishment there and after her death I direct that the same chattels and effects shall fall into and be considered part of my general personal estate And I direct that an Inventory of the same chattels and effects shall be made as soon as may be after my death and that two copies thereof shall be taken the one to be deposited with my said wife and the other with my Trustees. I give to my said wife and my Son Thomas Dowbiggin
(page 37 back)
(nearly illegible part at top of second page)
and Thomas Dixon Fisher of Suffolk Place Pall Mall East in (..
..) that responsibility shall take upon them the office of Executrix and Executors of this my will the sum of fifty pounds. And I give unto my said wife the annuity of six hundred pounds sterling during her life clear of all deductions to be payable quarterly 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 each year the first of such quarterly payments to be made on such of the said days shall first happen after my decease. And I give to my said son Thomas Dowbiggin the annuity of three hundred pounds sterling to be payable until he shall attain the age of twenty-five years or die under that age. And I give to each of my daughters Elizabeth Trotter Louisa Dowbiggin and Jane Dowbiggin the annuity of one hundred pounds sterling clear of all (..
tions) to be payable until my said son Thomas shall attain the age of twenty-five years or die under that age (if said daughter shall so long live). And I give to my grandson Arthur Wagstaff the son of my late daughter Helen Wagstaff the annuity of sixty pounds sterling clear of all deductions to be payable until my said son Thomas shall attain the age of twenty-five years or die under that age (if the said Arthur Wagstaff shall so long live) and to be applied by my Trustees or Trustee for the time being for the maintenance and (..
..ation) of the said Arthur Wagstaff at their or his absolute discretion. And I direct that care of the said annuities of three hundred pounds, one hundred pounds, one hundred pounds, one hundred pounds, sixty pounds shall be payable clear of all deductions on the days hereinbefore appointed for payment of the said annuity of six hundred pounds the first quarterly payment of each to be made on such of the said days as shall happen next after my decease. And in case my said wife shall die whilst my said son Thomas shall be living and under the age of twenty-five years I give the further annuity of two hundred pounds sterling clear of all deductions to each of my said three daughters who shall be living at the decease of my said wife to be payable until my said son Thomas shall attain the age of twenty-five years or die under that age (if such daughter shall so long live) and to be payable quarterly on the aforesaid days of payment the first payment to be made on such of the said quarterly days as shall happen next after the decease of my said wife. And I direct that the annuities hereby provided for my said daughters respectively as aforesaid shall be for their respective separate use and benefit free from the debt and control of their respective husbands (if any) and not liable to be charged or anticipated during any (Coverture?). And in case my said son Thomas shall attain the age of twenty-five years or die under that age leaving (issue?) living at his decease or born in (
..) time afterwards then I give unto my said wife Anne Dowbiggin and my said son Thomas and the said Thomas Dixon Fisher their executors administrators and (
) three several sums of eight thousand pounds sterling (but to be increased to ten thousand pounds in the event of my living over the year one thousand eight hundred and fifty) each to be payable immediately after my said son shall have attained the age of twenty-five years or died as last aforesaid. And I direct that my said wife and my said son Thomas and the said Thomas Dixon Fisher and the survivors and survivor of them and the executors administrators or (
.) of such survivor who are (
) hereinafter called my said Trustees or Trustee be possessed of the said three several sums of eight thousand pounds or ten thousand pounds as the case may be so bequeathed to them as aforesaid. Upon the Trust thereinafter expresses that is to say As to one of the said sums of eight thousand pounds or ten thousand pounds as aforesaid upon trust that the said Trustees or Trustee do and shall with the consent in writing of my said daughter Elizabeth Trotter during her life and after her decease at the discretion of the said Trustees or Trustee invest the same sum of eight thousand pounds or ten thousand pounds aforesaid in or upon any of the Parliamentary stocks or public funds of Great Britain or at interest upon Government or real (including (
) for any term or terms of which no less than sixty years shall be unexpired at the time of the investment) securities in England or Wales (but not in Ireland) with power from time to time with such consent
(page 38 front)
or at such discretion as aforesaid to vary the (
..) into or for any (
..) is of the aforesaid descriptions and do and shall during the life of my said daughter Elizabeth Trotter pay the annual product of the said sum of eight thousand pounds or ten thousand pounds as aforesaid or of the stocks funds or securities in which the (
.) shall be (
..) the (hands?) of her the said Elizabeth Trotter for her separate use and (
..) of any husband and without being subject to his debts control or engagements and so that she shall not whilst under Coverture have any power of anticipation. And as to the other of the said sums of eight thousand pounds or ten thousand pounds as the case may be Upon trust that my said Trustees or Trustee shall with the consent in writing of my said daughter Louisa Dowbiggin during her life and after her decease at the discretion of my said Trustees or Trustee invest the said last mentioned sum of eight thousand pounds or ten thousand pounds as aforesaid in or upon any such stocks funds or securities as are herein before mentioned with power from time to time with such consent or at such discretion as last aforesaid to vary the securities into or for any others of the aforesaid descriptions. And do and shall during the life of my said daughter Louisa Dowbiggin pay the annual product of the said last mentioned sum of eight thousand pounds or ten thousand pounds as aforesaid or of the stocks funds or securities on which the same shall be invested into the hands of her the said Louisa Dowbiggin for her separate use exclusively of any husband and without being subject to any debts control or engagements and so that she shall not whilst under any Coverture have any power of anticipation. And as to the other of the said sums of eight thousand pounds or ten thousand pounds as the case may be Upon trust that my said Trustees or Trustee shall with the consent in writing of my said daughter Jane Dowbiggin during her life and after her decease at the discretion of my said Trustees or Trustee invest the said last mentioned sum of eight thousand pounds or ten thousand pounds as aforesaid in or upon any such stocks funds or securities as are herein before mentioned with power from time to time with such consent or at such discretion as last aforesaid to vary the securities into or for any others of the aforesaid descriptions. And do and shall during the life of my said daughter Jane Dowbiggin pay the annual product of the said last mentioned sum of eight thousand pounds or ten thousand pounds as aforesaid or of the stocks funds or securities on which the same shall be invested into the hands of her the said Jane Dowbiggin for her separate use exclusively of any husband and without being subject to any debts control or engagements and so that she shall not whilst under any Coverture have any power of anticipation. And I declare that from and after the decease of each of them the said Elizabeth Trotter Louisa Dowbiggin and Jane Dowbiggin my said Trustees or Trustee shall be possessed of the sum of eight thousand pounds or ten thousand pounds as the case may be the annual product whereof is hereinbefore provided for her respective separate use as aforesaid and the stocks funds or securities in or upon which the same shall be invested and all the annual product thereof which shall during and after her respective decease. In trust for all and every or such one or more exclusively of the other or others of her children and child at such ages and times with such limitations over for the benefit of any such children and with such restrictions and in such manner and form in every respect as she shall from time to time whether (covert or sole?) by and Deed or Instrument in writing with or without power of revocation and new appointment to be by Act sealed and delivered in the presence of and to be attested by two or more credible witnesses or by (
) last Will or by any Codicil thereto in writing appoint. And in default of any such appointment and so far as every or any such appointment shall not extend In Trust for all and every her children and child who being sons or a son shall attain the age of twenty-one years or being daughters or a daughter shall attain that age or marry to be divided among them if more than one in equal shares and if there shall be only one such child the whole to be In Trust for that one child but I declare that no child who shall take any share of the unappointed part of the Fund without bringing the appointed share or shares into (
) unless the daughter making the appointment shall declare a contrary intention in writing. And I
(page 38 back)
direct that after the decease of each of my said three daughters or in her lifetime if she shall so direct in writing my said Trustees or Trustee may raise any part not exceeding (the half part of the expectant?) or vested portion of any child or children of (one?) daughter and apply the money so raised for or towards the advancement or benefit of such child or children in such manner as my said Trustees or Trustee shall think expedient. And I direct that after the decease of each of my said daughters my said Trustees or Trustee shall or may at their her or his discretion apply all or any part of the annual product of the expectant portion or portions of her respective child or children for or towards his her or their respective maintenance and education in such manner as my said Trustees or Trustee shall deem expedient whether the father of such child or children shall or shall not be living and of ability to maintain him her or them. And do and shall from time to time accumulate in the way of Compound interest the unapplied surplus (if any) of such child's expectant portion by investing the same and all the resulting income thereof in or upon any such stocks funds or securities as hereinbefore are mentioned to be from time to time varied as to them her or him shall seem meet. (but?) the savings of each share and the accumulations thereof to held and applied upon and for the same trusts interests and purposes as are hereby declared concerning the Fund from which the same shall have provided. Provided always and I declare that in case any one or more of my said three daughters shall die without leaving or having had any child who being a son shall attain the age of twenty-one years or being a daughter shall attain that age or marry then from and immediately after the decease and such failure of children as aforesaid of each of my said daughters who shall so die the sum of eight thousand pounds or ten thousand pounds as the case may be the Trusts whereof for her separate use during her life and for her children after her decease are hereby originally declared as aforesaid and also any share or shares which by virtue of this proviso shall have become subject to the same or the like (trusts?) of or in the sums hereby originally provided for any other of my said daughters and her children and the stocks funds and securities on which the same respectively shall be invested or such part or parts thereof as shall not have become vested or been applied under any of the powers or provisions hereinbefore contained shall (do?) and be. Upon and for such trusts intents and purposes as she whether (covert or sole?) shall by any Deed or Instrument in writing with or without power of revocation and new appointment to be by her sealed and delivered in the presence of and to be attested by two or more credible witnesses or by her will or any Codicil thereto from time to time appointed and in default of such appointment and so far as every or any such appointment shall not extend Upon and for the same or the like trusts for the benefit of the survivors or survivor or others or other of any said three daughters and their or her respective children as are hereby (declared?) of and concerning or with respect to the sums of eight thousand pounds or ten thousand pounds each originally hereby provided for such survivors or others or survivor or other (as the case may be) and the stocks funds and securities on which the same may be invested. Provided always and I declare my will to be that in case none of my said three daughters shall have any child who being a son shall attain the age of twenty-one years or being a daughter shall attain that age or marry then from and after the decease of the last survivor of my said daughters and such default or failure of children of all of them as aforesaid the said three several sums of eight thousand pounds or ten thousand pounds each the trusts whereof are respectively as shall not have become vested or been applied under any of the powers or provisions hereinbefore contained shall fall into and be considered part of my residuary personal estate hereinafter bequeathed. Provided always and I declare that if all or any of my said three daughters shall die whilst my said son Thomas shall be living and under the age of twenty-five years the bequests of the said several sums of eight thousand pounds or ten thousand pounds as aforesaid or any of them shall not on that account lapse or fail but as regards any of my said daughters who may happen to die whilst
(page 39 front)
my said son shall be under the age of twenty-five years as aforesaid shall be (
.) in the same manner as if such daughter or son (
..) had been (
..
) my said son shall attain the age of twenty-five years or die under that age leaving (
.) (as the case may be) and has died immediately afterwards (
..illegible to end of line
)
said son Thomas shall attain the age of twenty-five years or die under that age (
.)
to my said wife and my said son Thomas and the said Thomas Dixon Fisher the executors administrators and assigns the sum of three thousand pounds sterling. And I declare that my said Trustees or Trustee shall be possessed of the said sum of three thousand pounds sterling upon the trusts following that is to say Upon Trust at the discretion of my said Trustees or Trustee to invest the same in or upon any such stocks funds or securities as are hereinbefore mentioned with power at their her or his discretion to vary the securities and until my said Grandson Arthur Wagstaff shall attain the age of twenty-five years or die under that age to pay and apply the annual proceeds of the said sum of three thousand pounds or of the stocks funds and securities in or upon which it may from time to time be invested or so much thereof as my said Trustees or Trustee shall think fit to or for the benefit maintenance and education of my said grandson in such manner as my said Trustees or Trustee shall think expedient and to accumulate the residue (if any) of such annual proceeds in the way of Compound interest by investing the same and all the resulting income thereof from time to time in or (upto?) such stocks funds or securities as are hereinbefore mentioned with power (
) for my said Trustees or Trustee to resort to the accumulations of any (
.) for any sum of money that may be in the judgment of my said Trustees or Trustee required for the maintenance education or benefit of my said Grandson in any subsequent year or years. And when and so soon as my said Grandson Arthur Wagstaff shall have attained the age of twenty-five years or died under that age Upon Trust in case my said Grandson shall have attained the age of twenty-five years to make over the said sum of three thousand pounds and the accumulations thereof (if any) and the stocks funds or securities in which the same shall be invested to my said Grandson absolutely. But in case he shall have died under the age of twenty-five years then Upon Trust to pay the annual proceeds of the said sum of three thousand pounds and the stocks funds and securities in or upon which the same may from time to time be invested and of the accumulations (if any) that shall have been made under the direction in that behalf hereinbefore contained to Charles Wagstaff (the father of my said Grandson Arthur Wagstaff) during his life and after his death to permit the same Fund to sink into and form part of my residuary personal estate hereinbefore bequeathed. I give unto and to the use of my said wife my said son and the said Thomas Dixon Fisher their heirs executors administrators and assigns respectively my house in Abercorn Place and my messuage and premises in Mount Street aforesaid used by me for the purposes of my business and all my Stock in Trade goods credits money and securities for money and all and singular the real and personal estates and effects not herein otherwise disposed of which I have any right or power to dispose of by Will Nevertheless upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter declared concerning the same respectively that is to say Upon Trust that my said wife my said son Thomas and the said Thomas Dixon Fisher and the survivors and survivor of them and the heirs executors administrators and assigns respectively of such survivor so and shall at such time or times after my decease as to them her or him shall occur most advantageous absolutely sell and dispose of all my said real and leasehold estates and such other parts of my personal estate (including the Goodwill of my said Business) as they she or he shall deem it advisable to dispose of by way of sale either by public auction or private contract or partly in one mode and partly in the other under such conditions and stipulations as to them her or him shall deem expedient with power to buy in at any auction and to rescind or vary any Contracts and (
.) the premises without being responsible for any loss (
.ed) thereby and to execute and do all such contracts (
.) and things as shall be deemed necessary or expedient for effecting any of the purposes aforesaid and do or shall at their her or his discretion either permit my said personal estate to remain
(page 39 back)
for such time as they she or he shall think fit in the State of (investment?) in which the (
) shall be placed at the time of my decease or at such time or times thereafter as they she or he shall think most advantageous (all?) in recover and receive or otherwise convert into money so much of my said personal estate as shall not consist of money and shall not be disposed of by way of sale under the trust for sale hereinbefore contained. And I direct that my said Trustees or Trustee shall be possessed of the moneys arising from such sales (calling?) in receipt or conversion respectively as aforesaid and of the (
) money of which I shall die possessed Upon Trust in the first place to pay there out all my funeral and testamentary expenses and debts and the (
.ies) bequeathed by this my will or any Codicil hereto as and when the same respectively shall become payable and subject to the trusts aforesaid to lay out and invest the same in or upon any such stocks funds or securities as hereinbefore are mentioned with full power for my said Trustees or Trustee at their her or his discretion to alter the said stocks funds and securities into or for others of a like nature. And I declare that my said Trustees or Trustee shall be possessed of my said residuary estate and the stocks funds and securities in or upon which the same or any part thereof shall be invested upon the trusts following that is to say Upon (
) Trust by and out of the annual product thereof to pay the said several annuities hereinbefore bequeathed as aforesaid as and when the same respectively become payable and subject to the payment of the said annuities Upon Trust until my said son Thomas shall attain the age of twenty-five years or die under that age to accumulate the annual income of the said residuary estate in the way of Compound interest by investing the same and all the resulting income thereof from time to time in or upon any such stocks funds or securities as are hereinbefore mentioned with power to vary the securities at their her or his discretion. And I declare that when and so soon as my said son Thomas shall attain the age of twenty-five years or die under that age my said Trustees or Trustee shall be possessed of the said residuary estate and the stocks funds or securities on which the same shall be invested (subject to the payment of the said annuity of six hundred pounds hereby provided for my said wife if she shall be then living). Upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter declared concerning the same that is to say In case my said son Thomas shall attain the age of twenty-five years or die under that age leaving issue living at his decease or born in due time afterwards then (subject to the payment of the said three several (Legacies?) or sums of eight thousand pounds sterling or ten thousand pounds as aforesaid (in?) in which are in that event bequeathed to my said Trustees Upon Trust as aforesaid and also to the payment of the said further Legacy of three thousand pounds also bequeathed to my said Trustees in trust as aforesaid In Trust for my said son Thomas his Executors administrators and assigns absolutely. But in case my said son Thomas shall die under the age of twenty-five years without leaving issue living at his decease or born in due time afterwards Then (subject to the payment of the said Legacy or sum of three thousand pounds given to my said Trustees In Trust as aforesaid) Upon and for the trusts interests and purposes and with and under the powers and provisions hereinafter expressed or referred to concerning the same that is to say. As to one equal third part or share thereof Upon and for the same or the like trusts intents and purposes and with under and subject to the same or the like powers and provisions as are hereinbefore expressed or declared concerning the sum of eight thousand pounds or ten thousand pounds as aforesaid the trusts whereof originally for the benefit of my said daughter Elizabeth Trotter and her children and otherwise are hereinbefore declared as aforesaid. And as to one other equal third part or share thereof upon and for the same or the like trusts intents and purposes and with under and subject to the same or the like powers and provisions as are hereinbefore expressed or declared concerning the sum of eight thousand pounds or ten thousand pounds as aforesaid the trusts whereof originally for the benefit of my said daughter Louisa Dowbiggin and her children and otherwise are hereinbefore declared as aforesaid. And as to the remaining equal third part or share thereof Upon and for the same or the like trusts intents and
(page 40 front)
purposes and with under and subject to the same or the like powers and provisions as are hereinbefore expressed or declared concerning the sum of eight thousand pounds or ten thousand pounds as aforesaid the trusts whereof originally for the benefit of my said daughter Jane Dowbiggin and her children and otherwise are hereinbefore declared as aforesaid. Provided always and I declare that when my said son Thomas shall attain the age of twenty-five years or die under that age if my wife shall be then living my said Trustees or Trustee shall set apart (so much?) of my said (residuary estate?) as to them her or him shall seem sufficient for satisfying the (said annuity of?) six hundred pounds hereinbefore given to my said wife the same (Fund to be invested?) and the investments varied from time to time with the consent in writing of my said wife. And if in any year the income accruing from the Fund so set apart shall prove insufficient for payment of the said annuity I direct that as often as the same shall happen my said Trustees or Trustee shall resort to the capital of the same fund for making up such deficiency. Provided always and I declare that until my said son Thomas shall attain the age of twenty-five years or die under that age it shall be lawful for my said Trustees or Trustee to raise and apply from time to time such sum or sums of money as may be sufficient to purchase for my said son a commission in Her Majesty's Army or any step or promotion therein as the case may require or they she or he may think fit and generally to raise and apply in for or towards the advancement or preferment in the world or otherwise for the benefit of my said son Thomas such a sum or sums of money as my said Trustees or Trustee shall think fit not exceeding in the whole the sum of five thousand pounds. Provided also that it shall be lawful for my said Trustees or Trustee at any time or times before my said son shall have attained the age of twenty-five years or died under that age to lay out all or any part of the moneys constituting my residuary estate in the purchase of any manors messuages lands tenements and hereditaments of any (tenure?) in England or Wales but so that such and so many and such part or parts of the hereditaments purchased under this provision as are (Leasehold?) be held for a term or terms of not less than Sixty years unexpired at the time of purchase. And I declare that the hereditaments so purchased shall be held by my said Trustees or Trustee Upon Trust at such time or times as to my said Trustees or Trustee shall deem expedient to sell all or any part of the same either together or in parcels and either by public auction or private contract with full power to sell under any special conditions as to Title or otherwise as my said Trustees or Trustee shall think fit and to buy in or rescind any Contract for sale of any part of the said premises and to resell the same at any future auction or by private contract without being responsible for any loss in price on such resale. And for any of the purposes aforesaid to enter into and execute all such contracts agreements and assurances as to them her or him shall seem expedient. And I declare that my said Trustees or Trustee shall hold the moneys arising from such sale or sales upon the like Trusts as are hereinbefore declared of my residuary personal estate it being my intention that any hereditaments to be purchased as aforesaid shall be considered as money and be liable to the trusts which the money invested therein would have been liable to if the purchase had not been made and that the rents and profits of any hereditaments to be purchased as aforesaid shall until (
..) sale be applied in the manner in which the annual income of such money would have been applicable for the time being if the purchase had not been made. And I declare that it shall be lawful for my said Trustees or Trustee until sale to (d
ise?) all or any part of the hereditaments hereby (devised?) and bequeathed and also all or any part of any hereditaments to be purchased under the provision hereinbefore contained in case such (demise?) a Clause in the nature of a condition for reentry on nonpayment within a reasonable time to be therein specified if the rent or rents thereby reserved and so as each Lessee do execute a Counterpart of such (demise?) and do thereby covenant for payment of the rent or rents thereby reserved and be not made dispunishable for waste. Provided always and I
(page 40 back)
declare that until my real and leasehold and personal estates hereby directed to be sold and converted into money as aforesaid shall be so sold or converted (as the case may be) the rents or other income and product thereof respectively shall be applicable upon the same or the like trusts and for the same or the like purposes upon and for which the annual product of the money to be produced by such sale or conversion would for the time being be applicable if the sale or conversion had taken place and the money was invested as hereinbefore is provided. I give all the real and personal estates which shall be vested in me at the time of my death on any trusts or by way of mortgage unto my said wife my said son Thomas and the said Thomas Dixon Fisher and their heirs executors administrators and assigns respectively subject nevertheless to the Trusts and the equity redemption then capable of affecting the same respectively but I declare that the moneys secured on any such estates for my own benefit shall be considered as part of my personal estate. And I appoint my said wife my said son Thomas and the said Thomas Dixon Fisher executors of this my will with full power for my acting executors or executor to pay all debts claimed to be owing by me or my estate on any evidence which they she or he may think fit and to compromise compound or waive all debts claimed to be owing to me or my estate or accept such security for the same as they she or he shall think fit and to compromise settle or refer to Arbitration all disputes arising out of or concerning my affairs or estate whether or such debts or disputes have or have not reference to my said business and to adjust and wind up all accounts open between me and any person whomsoever and likewise to carry on my said business in such manner as to them her or him shall seem most advantageous until they she or he shall deem it expedient to sell or dispose of the same under the trusts aforesaid and for that purpose to have (embarked?) in any business any part of my residuary estate and to order and manage my said business at the expense of my residuary estate in all respects anything hereinbefore contained to the contrary notwithstanding. And I declare that the (receipts?) in writing of the Trustees or Trustee for the time being acting in the execution of the trusts of this my will for any moneys coming into their her or his hands under this my will shall effectually discharge the persons to whom the same respectively shall be given from the moneys therein respectively expressed to be reserved and from being obliged to see to the application or being responsible for the misapplication or nonapplication of the same moneys or any part thereof. And I declare that if any of the Trustees hereby appointed or to be appointed as hereinafter mentioned shall die (either in my lifetime or after my death or (
.)
(
) from or (either before or after having (
.) decline or become incapable to act in the trusts of this my will then and in each such case it shall be lawful for the continuing or surviving Trustees or Trustee for the time being of my (
..) and if there shall be no continuing or surviving Trustee for the time being then for the retiring or declining Trustees or Trustee for the time being and if there shall be no retiring or declining Trustee for the time being then for the executors or administrators of the last surviving or last acting Trustee for the time being to appoint one or more person or persons to be a Trustee or Trustees of this (my will the room?) of the person or persons so dying desiring to be discharged declining or becoming incapable to act as aforesaid and that immediately (
.) such appointment the said trust estate moneys and premises shall be so conveyed assigned and assured as that the same may be only vested in the (new?) Trustees or Trustee solely or jointly with the surviving or continuing Trustees or Trustee as (occasion?) shall require upon such of the trusts herein declared concerning the same as shall be then subsisting. And that every such (
..) Trustee shall as well before as after the Trust estate shall have been conveyed assigned or assured as aforesaid have such and the same powers authorities and discretions in all respects as if he had been originally appointed a Trustee in this my will. And I declare that the Trustees of this my will shall be answerable only for such moneys as they shall respectively receive and shall not be responsible the (
for) (
) or other of them or for the (
.) of (
.) for the sake of (
y) or for any involuntary
(page 41 front)
involuntary loss. And that it shall be lawful for them to reimburse themselves respectively and to allow to each other out of my Trust estate all costs and expenses incurred by them or any of them in discharging the Trusts of this my Will. In witness whereof the said Thomas Dowbiggin have hereunto set my hand this fourth day of June in the year of our Lord one thousand eight hundred and forty nine. Thomas Dowbiggin - Signed and Acknowledged by the above named Thomas Dowbiggin the Testator as and for his last Will and Testament in the presence of both of us present at the same time who have hereunto subscribed our respective names in the presence of the said Testator and of each other as witnesses thereof. - Charles Harrison Solr. 19 Bedford Row-Thomas Allen Clerk to Mr. Dowbiggin
This is a Codicil to the last Will and Testament of me Thomas Dowbiggin Abercorne Lodge Saint Johns Wood in the County of Middlesex Esquire and which Will bears date the fourth day of June one thousand eight hundred and forty nine. Whereas I have in and by my said Will given and bequeathed an annuity of six hundred pounds to my dear wife Anne Dowbiggin during her life and also another annuity of sixty pounds to my Grandson Arthur Wagstaff payable until he shall attain the age of Twenty five years. Now I do hereby increase the first of such annuities from six hundred pounds to two thousand pounds and the last of such annuities from sixty pounds to three hundred pounds and direct that both of such annuities shall in all other respects be payable at the times and in the manner mentioned in my said Will. And I hereby authorize the Trustees of my said Will to accumulate the surplus if any of the said last mentioned annuity which shall not be required for the maintenance and education of my said Grandson in such manner as they shall think proper. And I hereby revoke the appointment of Thomas Dixon Fisher as one of the Executors and Trustees of my said Will and appoint William Wagstaff of Mount Street Grosvenor Square in the said County of Middlesex Esquire and Chales Harrison of Cambridge Square in the said County of Middlesex Esquire in his place and stead and direct that my said Will shall be read as if their names had been originally inserted therein in lieu of that of the said Thomas Dixon Fisher. And in all other respects I confirm my said Will. As witness my hand this eighth day of April one thousand eight hundred and fifty two. - Thos. Dowbiggin - Signed and Acknowledged by the above named Thomas Dowbiggin the Testator as and for a Codicil to his last Will and Testament in the presence of both of us present at the same time who have each other as witnesses thereof. - Jas. E. Anderson II, New Burlington St. - Charles Harrison Solr. 19 Bedford Row
Proved at London with a Codicil 15th February 1854 before the Worshipful Frederick Thomas Pratt Doctor of Laws and Surrogate by the oaths of Anne Dowbiggin Widow the Relict and Edward Thomas Dowbiggin (in the Will written Thomas Dowbiggin) Esquire the Son the Executors named in the Will and William Wagstaff Esquire and Charles Harrison Esquire the Executors named in the Codicil to whom Admin was granted having been first sworn duly to Administer.