- In the name of God, Amen, I George Jarvis Tapps of North Church in the County of Hertford, Esquire, do make my last Will and Testament in manner and form following, that is to say;
First I do will that all my just debts be fully satisfied and paid, and my desire is that my body be decently buried on the further side of the path at the east end of the Church at King's Langley in the County of Hertford in a grave bricked round and a tombstone over the same at the discretion and by the direction of my Executors hereinafter named;
I give to my cousin the Reverend Mr Richard Tapps One Hundred Pounds;
Also I give to my cousin Lydia Hicks Fifty Pounds;
Also I give to John Nix of Bow Lane, London, Gentleman, Twenty Pounds;
Also I give to Thomas Barnard of Cursitors Street, London, Esquire, Twenty Pounds;
Also I give to John Ivison of Charles Street near Grosvenor Square, shoemaker, and Stafford Crane of Salisbury Court, Fleet Street, London, surgeon, twenty pounds apiece;
Also I give to the poor of the parish of North Church ten pounds;
Also I give to the said Stafford Crane and John Ivison, their Executors and Administrators, the sum of six thousand pounds of lawful money of Great Britain in Trust that they, the said Stafford Crane and John Ivison, their Executors and Administrators, and such other person and persons who pursuant to the true intent and meaning of this my Will shall happen to be a Trustee or Trustees, do and shall put and place the said six thousand pounds on such securities as they shall think proper, and pay and apply from time to time the Interest, Dividends and Produce thereof for and towards the Maintenance and Education of Jane Ivison Tapps, an Infant now living with me at North Church aforesaid, which said Jane is described in the Register of Baptisms belonging to the Parish of Saint Margaret, Westminster, by the Name and Addition of Jane Tapps daughter of George and Jane, until she the said Jane Ivison Tapps shall attain the age of twenty one years or be married, and when and as soon as the said Jane Ivison Tapps shall attain the age of twenty one years or be married, which shall first happen, in Trust that the said Trustee or Trustees do and shall pay transfer convey and deliver to the said Jane Ivison Tapps the said monies or such stock funds or securities as shall be purchased with the same, and all Interest attending the same, to and for her own use and benefit absolutely;
But in case the said Jane Ivison Tapps shall happen to die before she shall arrive at the age on twenty one years unmarried then in Trust to pay, assign, transfer convey and deliver the same to George Ivison Tapps now living with me at North Church aforesaid, which said George is described in the Register of Baptisms belonging to the Parish of Saint Margaret, Westminster, by the Name and Addition of George Ivison Tapps son of George and Jane, to and for his own use and benefit absolutely if he shall be then living, but if dead then to such of my next of kin as will be entitled thereto according to the Statute made for Distribution of Intestates' Estates;
Also I give to the said Jane Ivison Tapps One Hundred Pounds to be paid her immediately after my decease;
Also I give to the said Stafford Crane and John Ivison, their Executors and Administrators, five thousand pounds three per cent reduced bank annuities in Trust that they the said Stafford Crane and John Ivison, their Executors and Administrators, and such other person and persons who pursuant to the true intent and meaning of this my Will shall happen to be a Trustee or Trustees, do and shall pay and apply from time to time the Interest, Dividends and Produce thereof unto my loving wife Jane Tapps for and during the term of her natural life, and from and after her decease my mind and will is that the said five thousand pounds annuities shall sink into and be deemed part of the residue of my Personal Estate, and the same shall go and be paid as the said Residue is hereinafter directed to go and be paid;
Also I give to my said wife two hundred pounds to be paid her immediately after my decease;
Also I give to my said wife all the goods, picture and furniture of my house at North Church;
Also I release and discharge the said George Ivison Tapps and Jane Ivison Tapps of and from all sums of money which shall or may be due to me from them or either of them at the time of my decease for board, clothes and schooling or otherwise howsoever, and I do hereby direct my Executors hereinafter named to pay and discharge all monies that shall be due for their board, clothes and schooling at the time of my decease;
Also I give to the said George Ivison Tapps all my books and wearing apparel both linen and woollen, also I give to my said wife and the said George Ivison Tapps and Jane Ivison Tapps the rest of my linen and all my plate, watches, rings and jewels equally to be divided between them share and share alike;
Also I give to such servants as shall be living with me at the time of my decease five guineas apiece;
And as to all the rest and residue of my Personal Estate and effects, I give the same to the said George Ivison Tapps to and for his own use and benefit absolutely;
Also I give and devise unto the said Stafford Crane and John Ivison and their heirs all and singular my freehold messuages, lands, tenements and hereditaments with the appurtenances whatsoever and wheresoever, to have and to hold all and singular the said premises with the appurtenances unto the said Stafford Crane and John Ivison and their heirs to and for the several uses and intents and purposes hereinafter mentioned, that is to say:
As to for and concerning all that Messuage or Tenement called or known by the name of Edlins* situate in Berkhamstead St. Mary, otherwise North Church, in the County of Hertford, with the Rights, Members and Appurtenances thereto belonging and now in my possession which I lately purchased of Thomas Duncombe Esquire, to the use of my wife for and during the term of her natural life, and from and after her decease to the use of the said George Ivison Tapps and the heirs of his body lawfully issuing, and for want of such issue to the use of the said Jane Ivison Tapps and the heirs of her body lawfully issuing, and for default of such issue to the use of John Ivison and Jane Ivison children of the said John Ivison the Trustee aforesaid and their heirs for ever;
And as to for and concerning all the Rest and Residue of my freehold Messuages, Lands, Tenements and Hereditaments to the use of the said George Ivison Tapps and the heirs of his body lawfully issuing, and for want of such issue to the use of the said Jane Ivison Tapps and the heirs of her body lawfully issuing, and for default of such issue to the use of the Right Heirs of me the said George Jarvis Tapps for ever;
And as to all my copyhold Lands, Tenements and Hereditaments, I give and devise the same in manner following, that is to say:
As to for and concerning all that half acre of land more or less with the appurtenances situate at North Church aforesaid within the Manor or Balimote of North Church, parcel of the Honour of Berkhampstead in the County of Hertford and parcel of the Duchy of Cornwall now in my possession lying and being opposite to my said messuage or tenement called Edlins* (the road or highway lying between the said land and the said messuage or tenement), I give and devise the same with the appurtenances unto my said wife for and during the term of her natural life, and from and after her decease I give and devise the same to the said George Ivison Tapps and the heirs of his body lawfully issuing, and for want of such issue I give and devise the same to the said Jane Ivison Tapps and the heirs of her body lawfully issuing, and for default of such issue I give and devise the same to the said John Ivison and Jane Ivison children of the said John Ivison the Trustee aforesaid and their heirs for ever;
And as to for and concerning all the Rest and Residue of my copyhold Lands, Tenements and Hereditaments I give and devise the same unto and to the use of the said George Ivison Tapps and the heirs of his body lawfully issuing, and in default of such issue to the use of the said Jane Ivison Tapps and the heirs of her body lawfully issuing, and in default of such issue to and to the use of the Right Heirs of me the said George Jarvis Tapps for ever;
Provided, and my mind and Will is, that in case my wife shall by law or otherwise recover or endeavour to recover her Dower of or in any of my Lands, Tenements or Hereditaments or any part of my Estate either Real or Personal other than what is hereinbefore given to her or her use, then and in such case the said several Devises and bequests hereinbefore made to and to the use of my said wife shall be absolutely void so far as the same respect to her to all Intents and Purposes;
Provided also, and my mind and Will is, that it shall and may be lawful for Stafford Crane and John Ivison, the Trustees aforesaid and such other Trustee or Trustees to be appointed pursuant to this my Will, to call in and receive any of the Trust Estate and monies due or to grow due on the Securities in which the same is or are or shall or may be vested or disposed of and alienate such Trust Estate and securities or any part thereof, and revest all or any of the Moneys arising thereby in like manner in other Estates, Stocks, Funds or Securities from time to time as often as shall be thought fit and proper, making fit and proper Deeds and Memorandums or Declarations of Trust in writing for or concerning the same from time to time, but my mind and Will is that all such transactions as aforesaid concerning the laying out or vesting monies or disposing of or alienating Estates, Stocks, Funds or Securities shall be as far as conveniently may be had and done by the desire or with the consent of the Persons for the time being either absolutely or most presumptively beneficially interested therein to be testified in or by some Deed Memorandum or Declaration of Trust in writing and my mind and Will is that no person acting as Trustee under and according to this my Will shall bear any loss that may happen by any Estate, Stock, Fund or Security proving any ways defective or deficient, or by means of acting in or endeavouring to execute all or any of the Trusts and purposes herein contained according to the directions hereof, or shall be answerable for the act, Deed or default of any other or others of them, and that all persons acting as Trustees under this my will shall have and be paid and may retain out of the Trust Monies or Estates respectively all their necessary and reasonable costs, charges and expenses occasioned in or about the execution of any of the Trusts aforesaid;
And I hereby direct and appoint that as often as the Trustees hereinbefore nominated and appointed or to be nominated and appointed in pursuance of this my Will for putting in Execution the Trusts aforesaid shall by Death be reduced to one, and the several Trusts aforesaid or any of them shall remain unperformed then and so often the surviving Trustee shall and do with the consent and approbation of my said wife, if living, nominate an appoint one or two fit person or persons to be a new Trustee or Trustees in the room of him dead with the old or surviving Trustee, and that such surviving Trustee shall and do with all convenient speed after such nomination and appointment assign and transfer all such Trust Estate or Securities taken for the same, or wherein the same or any part thereof or the Proceed or Improvement thereof or any part thereof shall have been invested or be then laid out in such manner as the same shall or may be vested in such new Trustee or Trustees, and such surviving Trustee and such new or surviving Trustees shall from thenceforth stand and be possessed thereof upon the several Trusts aforesaid relating thereto or such of them as shall be then subsisting and pay and apply and dispose of the same and the Interest, Proceed and Improvement thereof in such and the like manner to all Intents and Purposes as the said John Ivison and Stafford Crane the Trustees aforesaid or the survivor of them or the Executors or Administrators of such survivor could or might or of Right ought to have done in case they only had been appointed Trustees for the purposes aforesaid and no such nomination or power of appointing new Trustees assignment or transfer had been made, provided and my will is in case my Executors shall refuse to act in the Execution of this my Will or in case either of the said Trustees shall refuse to act in the Trusts aforesaid that such person so refusing shall not be entitled to receive his Legacy aforesaid provided and my Will further is that in case any new Trustee or Trustees shall be chose by virtue of this my Will and shall act in the Trusts aforesaid that then it shall and may be lawful to and for such new Trustee or Trustees to deduct and retain out of the Interest of the Trust monies aforesaid twenty pounds apiece for his or their trouble in performing the Trusts aforesaid;
Provided lastly and my Will is that it shall and may be lawful to and for any person or persons in possession of my freehold messuages lands tenements and hereditaments or any part thereof by virtue of this my Will to grant any lease or leases thereof or any part thereof by Indenture for any Term or Terms of years in possession not exceeding twenty one years for the most Rent or Rents that can be got for the same without any fine to be paid for granting such lease or leases and with the common Covenants and proviso in such Case used having a true Counterpart or Counterparts thereof duly executed by the Tenant or Tenants taking the same respectively;
And of this my last Will and Testament I do make, nominate and appoint the said John Ivison and Stafford Crane the Trustees aforesaid Executors, and I hereby revoke all former Wills by me made and do declare this only to be and contain my last Will and Testament;
In witness whereof I the said George Jarvis Tapps have to this my last Will and Testament contained in four sheets of paper viz. to the first three sheets thereof set my hand and to this fourth and last sheet thereof set my hand and seal this fifteenth day of March in the year of our Lord One Thousand Seven Hundred and seventy four. [George Jarvis Tapps] Signed sealed published declared and believed by the said Testator George Jarvis Tapps as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses hereto: William Pryce, John Gwatkin, John Gwatkin jr.
This Will was proved at London the nineteenth day of May in the year of our Lord One thousand seven hundred and seventy four before the Worshipful Francis Simpson, Doctor of Laws, Surrogate of the Right Worshipful Sir George Hay, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the oaths of John Ivison and Stafford Crane the Executors named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the deceased having been first sworn duly to administer.
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1705 - 1774 (~ 68 years)
