- In the name of God, amen, I George Jarvis of London, Merchant Taylor, being now of sound, perfect and disposing mind and memory do make this my last will and testament in manner and form following;
First, I recommend my soul unto God who gave it me, hoping through his infinite mercy to obtain remission of my sins; my body I desire may be decently buried at the discretion of my executors hereinafter named; and as concerning my worldly estate, which God hath pleased to bless me withal, I give and dispose of the same in manner following, that is to say;
Imprimis, I give and devise all that my messuage or farmhouse, with the two barns, barnyard and outhouses thereon standing, and the lands and hereditaments therewith uses being nine fields and containing together by estimation sixty acres or thereabouts, late in the possession of William Clifton and now of Henry Billingay, situate, lying and being, in or near Lower Holloway, in the parish of Islington, in the County of Middlesex;
and also my two little tenements and gardens behind them, with their appurtenances, situate, lying and being, in or near Lower Holloway, in the said parish of Islington, in the County of Middlesex;
and all that my messuage and garden thereto belonging, in Lower Holloway aforesaid, now or late in the tenure or occupation of ????? Morley commonly known by the sign of the Plough, with a small tenement joining to one side thereof and formerly parted from the same and a smith?s shop adjoining to the other side thereof;
and all that other messuage with a garden and a little field thereto belonging or therewith occupied, situate, and being in Lower Holloway aforesaid, and now or late in the tenure or occupation of John Clerke, his assigns or under-tenants,
all which premises I lately purchased with other lands of Mr. Darrell and his brother, or one of them and which being copyhold of inheritance, I have surrendered among others to the use of my last will, with their and every of their appurtenances, unto John Miller, gentleman, now or late an officer to the Governor and Company of the Bank of England, my son-in-law Richard Tapps and my daughter Lidia, their heirs and assigns forever in Trust, to sell and dispose of the premises before mentioned for the best price can be gotten for the same within two years after my decease and the money arising by such sale together with the rents and profits of the premises which shall accrue after my death and before such sale, to dispose of to and among and to and for the equal benefit of my six grandsons, viz: Jarvis Clerke, William Clerke, George Clerke, Ayliffe Clerke, Joseph Clerke and Benjamin Clerke share and share alike as is herein afore directed;
And I will that the said shares of my said grandsons Jarvis, William and George and of such other of my said grandsons as shall attain to the age of 21 years before my death, of the money arising by such sale shall be paid to them immediately upon such sale and that the shares of the rest of my said six grandsons shall come to them when they shall respectively attain to their several ages of twenty one years;
And I further will that the said share or shares of such money of such of my said grandsons Ayliffe, Joseph and Benjamin as shall not have attained to the age of one and twenty years at the time of my death, shall be laid out in the purchase in the names of my said Trustees of annuities or yearly payments payable by virtue and in pursuance of an Act of Parliament made in the fifth year of the reign of their late majesties King William and Queen Mary entitled ?An Act for Relief of the Orphans and Other Creditors of the city of London? which of annuities or yearly payments are now commonly called Orphans? Fund, or Orphans' Stock, at the market price, the same shall be then at for the benefit of such of my said three grandsons last named as shall not have attained to their respective ages of twenty one years at the time of my death, to be and remain invested in such fund or stock until their respective ages of twenty one years;
And my will is that the produce, profits, income and increase of or from such respective share in such stock of such of my three grandsons last named as shall not be twenty one years old at the time of my death, shall be, from time to time laid out in like manner in the purchase in the names of the said Trustees of more such Orphan Stock in addition to their respective shares until their respective ages of twenty one years;
And that such share or shares with the increase thereof respectively shall be transferred by my said Trustees to each of them my said respective grandsons, who shall not have, before my death attained to that age, at the time when he shall attain to that age;
And in case any or either of them my said grandsons Jarvis, William George Ayliffe, Joseph and Benjamin Clerke shall happen to die before me or that any of them now under the age of twenty one years shall happen to die before his or their attainment to that age, then I hereby will and direct that the share or shares of him or them so dying before me or before attainment to that age shall go to and be equally divided among such of the rest of my before named six grandchildren as shall survive me and who shall not have attained to the age of one and twenty years at the time of my death or at the time of, or the respective times of the death or deaths of my said grandsons so dying after me and before attainment to that age, but who shall attain to that age afterwards it being my intention that the advantage of any share falling or accruing by death as aforesaid shall be only to such of my said grandsons as shall be under the age of twenty one years at the time of such falling or accruing if any such there be then under that age;
But if all my said grandsons surviving at the time of such death shall be then of the full age of twenty one years then my will is that the share of such of my said grandsons so dying as aforesaid shall go to and be equally divided among my executors with the residue of my estate hereinafter bequeathed to them. (If any grandson dies before his share is due to him, his share goes to any surviving minor grandsons, or to the Executors, rather than to any surviving grandsons over 21)
And I further will that the share or shares of my said grandson Jarvis Clerke (in case he shall be out of Great Britain at the time of my death or at the time or times that any part or share of my estate or effects shall come or accrue due to him by virtue of this my will) shall be also laid out in the like manner in the purchase in the names of the said Trustees of such Orphan Stock as aforesaid for his benefit until his return to Great Britain and also that the profits, income and increase of such share or shares of my said grandson Jarvis Clerke in such case shall, from time to time, in like manner be laid out in the purchase in the names of the said Trustees of more such Orphan Stock as aforesaid for his benefit until his return to Great Britain at which time such share or shares with the profits and increase thereof shall be assigned transferred and delivered by my said Trustees to my said grandson Jarvis Clerke;
Provided always and upon this condition nevertheless, that in case the said Jarvis shall depart this life before he shall have received his said share or shares, with the profits and increase thereof, then and in such case, his share or shares, and the profits and increase thereof, or so much thereof as shall not have been received by my said grandson Jarvis shall go to and among such of the younger sons of my said son-in-law William Clerke, by my daughter Agnes, his now wife, as shall not have attained the age of twenty one years at the time of the death of my said grandson Jarvis, share and share alike, to be paid them at their respective ages of twenty one years. And in case any or either of such younger sons shall happen to die before their or his age of twenty one years, then the share or shares of them or him so dying to be equally divided among the survivors or survivor of such younger sons;
And in case such younger sons shall all of them happen to die before their having attained the age of twenty one years, or that there shall be so such younger sons or son of the said William Clerke, by the aforesaid Agnes, under the age of one and twenty years, at the death of the said Jarvis Clarke, then, and in such case, my will is that such share or shares as should have come to such younger sons or son, by the death of my said grandson Jarvis, shall go to and be divided equally among such of the daughters of my daughter Agnes Clarke, as shall, at the time of the death of my said grandson Jarvis be under the age of twenty one years, anything herein contained to the contrary notwithstanding;
Item, I give and devise unto the said John Miller, Richard Tapps and my said daughter Lydia, two thousand pounds of such Orphan Stock aforesaid, that is to say, what is called or accounted so much in the Books of the Chamber of London, under the trusts hereinafter mentioned, that is to say, in trust for my four granddaughters, Mary Clarke, Agnes Clarke, Elizabeth Clarke and Lydia Clarke in equal proportions to be by my said trustees John Miller, Richard Tapps and my said daughter Lydia, transferred to my said four granddaughters at their several and respective ages of one and twenty years;
And I further will that the share or respective shares of such of my said four granddaughters as shall have attained to the age or ages of one and twenty years, at or before my decease be immediately after my death transferred to her or them respectively and that the profits and increase of the respective shares of such of my same four granddaughters as shall not be one and twenty years old at the time of my decease shall from time to time be laid out by my said trustees for the purchase of more such Orphan Stock as aforesaid at the market price, the same shall from time to time be at in addition to the respective shares of such of my said four granddaughters as shall not be one and twenty years old at the time of my death until their respective ages of one and twenty years;
And I further will that such additional share or shares with the profits and increase thereof, respectively shall be transferred by my said Trustees to my same four granddaughters, severally and respectively at their respective ages of one and twenty years;
And that in case of the death of any of my same four granddaughters before me or before their respective ages of twenty one years then and in such case the share or shares (with the profits and increase thereof respectively) of such of my same four granddaughters so dying shall be transferred to and for the benefit of such of my same granddaughters as shall not have attained the age of twenty one years at the time of my death or at the time or respective times of the death or deaths of such of my same four granddaughters so dying after me and before attainment to that age, but who shall attain to that age afterwards; it being my intention that the advantage of any share falling or accruing by death as aforesaid shall be only to such of my same granddaughters as shall be under the age of twenty one years at the time of such falling or accruing if any such there be then under that age;
But if all my same granddaughters surviving at the time of such death shall be then at the age of twenty one years, then my will is that the share or shares of any of my said granddaughters so dying, shall go to and be equally divided among my executors with the residue of my estate hereinafter bequeathed to them;
Item, I give, devise and bequeath unto the said John Miller, Richard Tapps and my said daughter Lydia, and to their heirs and assigns, all my freehold messuages, houses, buildings, vaults, ground rents and hereditaments, situate, lying and being near Trinity House in Water Lane, London, now let by lease to Alderman Cass of Hackney, at the yearly ground rent of fifty pounds in trust for the sole use and benefit of my daughter Agnes Clarke, exclusive of any husband of hers and not to be under his power or subject to his debts, if any he shall owe, but subject only to such disposition as she shall think fit without any husband of hers to make of the same or of the rents and profits thereof, or any part thereof, by any writing or writings under her hand and seal attested by three credible witnesses, so as such disposition of the same freehold premises last mentioned be made to all or some or any one of her children, by her husband William, either in fee simple, or fee tail and for want of such disposition by my said daughter Agnes, then upon Trust to convey the same freehold messuages, and premises, after the death of my said daughter Agnes to her right heirs;
Item, I give, devise and bequeath to the said John Miller, my son-in-law William Clarke, and my said daughter Lydia Jarvis, one annuity or yearly payment of one hundred pounds per annum, issuing out of His Majesty?s Exchequer, pursuant to an Act of Parliament made in the third year of the reign of Her Late Majesty, Queen Ann (entitled An Act for Raising Monies by Sale of Several Annuities for Carrying on the Present War) purchased by me in my own name and payable to me under the Trusts hereinafter mentioned, that is to say - in Trust for my daughter Elizabeth Tapps and her three children: Mary Tapps, George Jarvis Tapps and Richard Tapps, in equal proportions, to be by my said trustees John Miller, William Clarke, and Lydia Jarvis, assigned and transferred to my said three grandchildren last named, severally and respectively at their several and respective ages of twenty one years;
And I further will that the proportion or respective proportions of my said daughter Elizabeth Tapps and of such of my three grandchildren last named as shall have attained to the age or ages of one and twenty years at or before my decease be immediately after my death be transferred to her, him or them respectively;
And I further will that the produce and increase of the respective proportions of such of my same three grandchildren as shall not be twenty one years old at the time of my death, shall until they respectively attain to that age, be from time to time, laid out by my Trustees last named, in the purchase in their names of such Orphan Stock as aforesaid at the market price, the same shall from time to time be at in addition to the provision hereby made for them my same three grandchildren respectively;
And my will is that such Orphan stock, with the profits and increase thereof respectively shall be assigned, transferred and delivered, by my said Trustees to my same three grandchildren severally and respectively (with the produce of whose respective shares of the said annuity the same shall be purchased) at their respective ages of twenty one years;
And I further will that in case of the death of my said daughter Elizabeth, or of any of my same three grandchildren before me or at the death of any of my same three grandchildren before their respective ages of twenty one years, then and in such case, the share or shares, with the profits and increase thereof respectively of my said daughter Elizabeth, or of such of my same three grandchildren so dying shall be assigned, transferred and delivered to and for the benefit of such of my same three grandchildren as shall not have attained the age of twenty one years at the time of my death, or at the time or respective times of the death or deaths of such of my same three grandchildren so dying after me and before attaining to that age, but who shall attain to that age afterwards;
It being my intention that the advantage of any share falling or accruing by death as aforesaid shall be only to such of my last named grandchildren as shall be under the age of twenty one years at the time of such falling or accruing (if any such there be) then under that age. But if all my last named grandchildren surviving at the time of such death shall be then of the full age of twenty one years, then my will is that the share of such of my grandchildren so dying as last mentioned, shall go to and be equally divided between such survivors, or shall go to the survivor if there be but one such survivor and that the shares and interest thereof and therein of such survivors or survivor of them shall together with the produce and increase thereof be paid, disposed, invested, managed and transferred in the same manner and under the like circumstances as is herein directed in relation to his, her or their other share or shares herein before mentioned respectively;
And in case my said daughter Elizabeth, and all my three grandchildren last named shall die before me, or in case all my same three grandchildren shall die before the age of twenty one years, then my will and direction is that the share of my same daughter so dying before me and the shares of my same three grandchildren all dying before that age of and in the said annuity and the share therewith bought and all arrears, profit, proceeds and increase thereof and thereby shall go to my executors equally with the residue of my estate hereby to them bequeathed;
Item, I give and devise unto my daughter Elizabeth, now wife of Richard Tapps, her heirs and assigns forever, all that my freehold messuage or tenement, now or late in the tenure or occupation of ????????. Freeman, and two rooms behind the said messuage, situate and being in White Cross Street in the parish of Saint Giles without Cripplegate, with the appurtenances lately purchased by me of Mr. Lyncet;
Item, I give, devise and bequeath unto the said John Miller, William Clarke, and Lydia Jarvis, their heirs and assigns, all that close, containing by estimation twelve acres or thereabouts, lying and being in the parish of Islington, in the County of Middlesex, now or late let by lease unto Mr. Bamforth as being copyhold of inheritance and which I have surrendered with other things to the use of my last will with its appurtenances. And also all those my two fields of freehold land with the appurtenances containing by estimation nine acres be they more or less, now or late in tenure or occupation of ???? Collier lying or being in or near Dogg Row at or near Bednall Green in the parish of Stepney alias Stebunheath, in the said County of Middlesex, which I purchased of Mr. Low and every of them with their appurtenances, in Trust for the sole use and benefit of my said daughter Elizabeth Tapps, exclusive of any husband of hers and not to be under his power or subject to his debts, if any he shall owe, but subject only to such disposition as she shall think fit, without any husband of hers to make of the same or of the rents and profits thereof or of any part thereof by any writing under her hand and seal attested by three credible witnesses, so as such disposition of the said lands and premises be made to all or some or any one of her children, by her husband Richard Tapps, either in fee simple, or fee tail, and for want of such disposition by my said daughter Elizabeth Tapps, then upon Trust to convey the same, after the death of my said daughter Elizabeth Tapps to her right heirs;
Item, I give and devise unto my daughter Mary, the now wife of Gilbert Browne Esquire, and to her heirs and assigns, all those my five messuages or houses, with the yards, gardens, hereditaments and appurtenances thereunto belonging, or therewith used, situate lying and being in the parish of Islington aforesaid, three whereof are in my own possession, another in the possession of Mrs. Smith, and the other of Mr. Marsden and also all that my house, warehouse and stable and great garden thereunto belonging, now or late in the possession of Mr. Browne, gardener, lying and being near the churchyard at Islington aforesaid. All which houses were built and repaired by me after I purchased the same last mentioned premises of and from one Mr. Draper. And also a piece of waste ground lying and being in the Lower Street in Islington aforesaid, fronting the said street towards the south, which I likewise purchased with the other last mentioned premises of the said Mr. Draper, which messuages and last mentioned premises are now freehold, except the back of the gardener?s garden, which is copyhold of inheritance and hath been surrendered to the use of my last will; provided and my will is that my daughter Lydia Jarvis may (if she thinks fit) dwell and inhabit in my said three houses at Islington (wherein I now dwell) during all such time as she shall continue unmarried, without paying any rent for the same;
Item, I give and devise unto my said sons-in-law William Clarke and Richard Tapps and my said daughter Lydia Jarvis one annuity or yearly payment of fifty pounds, issuing out of his Majesty?s Exchequer, pursuant to an Act of Parliament made in the fourth year of the reign of Her Late Majesty, Queen Ann (entitled An Act For Continuing And Additional Subsidy Of Tonnage And Poundage And Certain Duties Upon Coals, Culm And Cinders And Additional Duties Of Excise And For Settling And Establishing A Fund Thereby And By Other Ways And Means For Payment Of Annuities To Be Sold For Raising A Further Supply To Her Majesty For The Service Of The Year One Thousand Seven Hundred And Six And Other Uses Therein Mentioned) purchased in the name of sir Theodore Jansen, under the trusts hereinafter mentioned, that is to say - in Trust for my grandsons Jarvis Browne and Gilbert Browne in equal proportions to be by my said trustees William Clarke, Richard Tapps and Lydia Jarvis, assigned and transferred to my said grandsons Jarvis and Gilbert Browne, severally and respectively at their respective ages of twenty one years. And I further will that the proportion or share of such of my grandson last named as shall attain to his age of twenty one years before my death be transferred and assigned to him immediately after my death and that the produce, profits and increase of the respective shares of my said grandsons Jarvis and Gilbert Browne or of such of them as shall not be twenty one years old at the time of my death, shall be, from time to time laid out by my said trustees last named in the purchase in their names of such Orphan Stock as aforesaid at the market price the same shall, from time to time be at for the benefit and increase of the provisions hereby made for my said grandsons Jarvis and Gilbert Browne, or such of them as shall not be twenty one years old at the time of my death, until their respective ages of twenty one years;
And my will is that the stock last mentioned with the increase thereof shall be transferred by my said trustees to my said grandsons Jarvis and Gilbert Browne severally and respectively at their respective ages of twenty one years, with the produce of whose respective share or proportion of the annuity last mentioned the same shall be purchased;
And I further will that in case of the death of either of my grandsons Jarvis and Gilbert Browne, before me or before their respective ages of twenty one years, then that the share of either of them so dying with the increase thereof, shall be transferred to and for the benefit of the other of them. And in case both of them, my last named grandsons shall die before me or before either of them shall attain to the age of one and twenty years, then my will and direction is that the annuity last mentioned and the stock therewith bought and all arrears, proceed, profit and increase thereof and thereby shall go to my said daughter Mary Browne, her executors administrators and assigns;
And as to for and concerning all those my messuages, tenements, houses, shops, cellars warehouses, ground buildings and hereditaments situate, lying and being in or near Bride Lane and elsewhere in the parish of Saint Bridgett?s alias Saint Bride?s in London, by me purchased of John Poynter esquire and others, with their appurtenances, I give and devise the same as followeth (???) unto my daughter Lydia Jarvis for and during the term of her natural life and from after the determination of that estate unto my said sons-in-law William Clarke, Richard Tapps and Gilbert Browne and their heirs for and during the natural life of the said Lydia Jarvis, upon trust to support and preserve the contingent estates and remainders hereinafter thereof limited from being defeated and destroyed and for that purpose to make entryes and bring actions as the case shall require but nevertheless to permit her, the said Lydia Jarvis and her assignes to receive the rents and profits thereof during the natural life of the said Lydia Jarvis to and for her and their own use and benefit and from and after her decease, unto the first son of the body of the said Lydia Jarvis, lawfully to be begotten and the heirs males of the body of such first son lawfully to be begotten, and for want of such issue unto the second son of the body of the said Lydia Jarvis, lawfully to be begotten and the heirs males of the body of such second son lawfully to be begotten, and for want of such issue unto the third son of the body of the said Lydia Jarvis, lawfully to be begotten and the heirs males of the body of such third son lawfully to be begotten, and for want of such issue unto the fourth, fifth, sixth, seventh, eighth, ninth, tenth and all and every other son and sons of the body of the said Lydia Jarvis, lawfully to be begotten and the several and respective heirs males of the several and respective bodies of such several and respective sons lawfully to be begotten successively and respectively, one after another, as they, the said sons, shall be in seniority of age and priority of birth, the eldest of such sons and the heirs males of his body, being always preferred before the youngest and the heirs males of his body, and for want of such issue I give and devise the same last mentioned premises unto all and every the daughter and daughters of my said daughter Lydia Jarvis, lawfully to be begotten and the heirs of their several bodies lawfully to be begotten equally and as tenants in common and not as joint tenants. And for want of such issue I give and devise the same last mentioned premises unto my said daughters Agnes, Elizabeth and Mary and their heirs equally and as tenants in common and not as joint tenants;
And my further will is that the same last mentioned premises, into whose hands soever the same shall come after my death, shall be subject to and charged with and the same and every part thereof is and are hereby subjected to and charged with the payment of fifty pounds per annum of lawful money of Great Britain, to my said granddaughter Mary Clarke, during her natural life by equal quarterly payments. And that she have a power of entry and distress in case of non payment of the said fifty pounds per annum or any part thereof, upon all or any part of the premises last mentioned for all the arrears thereof, with costs, charges and damages to be occasioned by such non-payment and to sell the goods to be distrained for such arrears costs charges and damages. And I will that my said granddaughter Mary Clarke shall pay or allow and that my said daughter Lydia and all other persons who shall be entitled to any estate for life or of inheritance of and in the premises last mentioned, shall and may deduct out of the said annuity or yearly payment of fifty pounds a proportionable part as the same annuity shall be in respect and a proportion to the yearly value of the said premises therewith charged or hereby intended to be therewith charged of all taxes to be imposed on the same premises, and of all charges, damages and losses, which my said daughter Lydia or any other persons who shall be entitled to any estate for life, or of inheritance of and in the same premises, shall sustain, pay or be liable to after my death and during the natural life of my said granddaughter Mary Clarke for the repair of the same premises or any part thereof for insurance from fire, or by loss by fire, loss of rent, empty houses or otherwise or any other loss or casualty whatsoever upon or in relation to the same premises or any part thereof;
Item, I give and bequeath unto my said daughter Lydia Jarvis all my household goods and furniture of household, jewels, rings, watches, plate, china, books, pictures, linen, woollen and wearing apparel whatsoever, which shall be in the three houses, wherein I now dwell at Islington aforesaid at the time of my decease;
And whereas I am a widower, and Free of the Company of Merchant Tailors of the City of London and by the custom of the said City, one full moiety or half part of my personal estate which I shall have at the time of my death (after all my just debts and funeral expenses shall be thereout paid and deducted) doth belong to and is to go amongst such of my children who at the time of my decease shall be inadvanced or not fully advanced to the end therefore that it may plainly appear what portions I have already paid and advanced with my children in marriage and that the hotch potch and division may be made of such moiety according to the said custom, I do hereby declare that I have given to my said daughter Agnes in marriage the sum of two thousand pounds and no more, to my daughter Elizabeth two thousand pounds in marriage and no more, and to my daughter Mary three thousand pounds in marriage and no more;
Item, I give and devise unto my sons-in-law William Clarke, Richard Tapps and Gilbert Browne, the several sums of two hundred pounds apiece of good and lawful money of Great Britain to oblige their kindnesses to their wives and my daughters earnestly recommending unity peace and love among them all;
Item, I give and bequeath unto my cousin Mary Hamond (whose maiden name was Mary Jarvis) now or late dwelling at Colchester in Essex, two hundred pounds of such orphan stock as aforesaid. That is to say what is called or accounted so much in the books of the Chamber of London, together with all such arrears of the profit or yearly payments payable in respect thereof as shall remain unpaid to me at the time of my death;
Item, I give and bequeath unto my two cousins Henry Jarvis and Thomas Jarvis, sons of Henry Jarvis, late of or near Leaven Heath near Colchester aforesaid, deceased (that is to say) to each of them, the same Henry and Thomas, two hundred pounds of such orphan stock as aforesaid. That is to say what is called or accounted so much in the books of the Chamber of London, together with all such arrears of the profit or yearly payments payable in respect thereof as shall remain unpaid to me at the time of my death. And in case they, the said Henry Jarvis and Thomas Jarvis or either of them die before me, I then give the legacy of them or him so dying to the respective eldest sons or eldest son of them or him so dying respectively;
Item, I give to the said John Miller one hundred pounds of lawful money of Great Britain on condition he accepts and acts in the trusts hereby in him reposed;
Item, I give to such maid servants as shall happen to live with me at the time of my decease, ten pounds apiece to buy them mourning and to such foot boy as shall live with me at the time of my decease, ten pounds to place him out apprentice to the best trade that can be gotten for that money;
Item, I give and bequeath unto Mr. John Hillersden, merchant, twenty guineas in gold;
Item, all the rest, residue and overplus of my estate whatsoever, real and personal (whereof I have any power to dispose) and which is not hereby otherwise devised or disposed, I give, devise and bequeath unto my said daughters Agnes, Elizabeth, Lydia and Mary to be equally divided between them, and I recommend it to them to make an amicable and equal division thereof among them as soon as may be after my death;
And my will and mind is that my said several trustees shall be well and sufficiently saved harmless and indemnified for or by reason of their acting and doing any matter or thing in the execution and performance of their said trust and shall be allowed all their reasonable charges and expenses in and about the performance thereof and may deduct to themselves all such their expenses at their several meetings relating thereto;
And whereas my daughter Sarah Norton hath highly disobliged me, by marrying without my consent, yet in tenderness and compassion to her, by the custom of London ? which I might have prevented in my lifetime, therefore my will and command to her is (and in return to such my kindness I expect her obedience thereto) that she immediately upon her receipt of her share by the said custom of my personal estate, pay into the hands of my said trustees, William Clarke, Richard Tapps and Lydia Jarvis the sum of seven hundred pounds to be by them secured, employed and improved for the benefit and best advantage of her daughter Sarah Norton, by such means and in such manner as shall be agreed between my said trustees and my said daughter Sarah Norton;
Item, I give, devise and bequeath unto the said William Clarke, Richard Tapps and Lydia Jarvis, their heirs and assigns, all those my four fields or enclosures of pasture ground lying or being in or near Maiden Lane in the parish of Islington, in the county of Middlesex, containing by estimation twenty acres or thereabouts, as the same are now in the possession of Walter Sibbon who is restrained from felling or lopping any the trees thereon growing for any use or uses whatsoever, all which last mentioned premises I purchased of Mr. Darrell and his brother or one or both of them and which cost me about one thousand pounds and are copyhold of inheritance and by me surrendered to the use of my last will, in trust for the sole benefit of my said daughter Sarah Norton, exclusive of any husband of hers and not to be under his power or subject to his debts, but subject only to such disposition as she shall think fit without any husband of hers to make of the same or of the rents and profits thereof, or of any part thereof, by any writing or writings under her hand and seal attested by three credible witnesses, so as such disposition of the copyhold premises last mentioned be made to all or some or any one of her children, lawfully begotten or to be begotten, either in fee simple, or fee tail and for want of such disposition by my said daughter Sarah, then upon Trust to surrender the same copyhold premises, after her death, to the use of her right heirs; provided always and upon this condition nevertheless, that if my said daughter Sarah do not within twelve months after my decease (in case her said daughter shall be then living) pay or secure to my trustees last named or the survivors or survivor of them or the executors or administrators of such survivors the said sum of seven hundred pounds to be secured, employed and improved aforesaid for the use, benefit and best advantage of her daughter in case she attains to her age of twenty one years and in case she dies before that age, then for the use and benefit of her mother. The trust hereinbefore declared as to the copyhold premises last mentioned for the benefit of my said daughter Sarah Norton shall be void and my trustees last named and their heirs shall stand seized thereof in trust for the sole benefit of her said daughter and my granddaughter Sarah Norton and her heirs, anything hereinbefore contained to the contrary notwithstanding;
And lastly I do hereby nominate constitute and appoint my said daughters Agnes, Elizabeth, Lydia and Mary the executors of this my last will and testament, desiring them truly to perform the same according to the intent and true meaning thereof;
And I do hereby revoke all former and other wills by me at any time formerly made. In testimony that this is my last will and testament contained in ten sheets of paper, I have to each of the said sheets set my hand, and to the last of the said sheets and also to the ribbon which ties them together, my seal this nineteenth day of August, one thousand seven hundred and fifteen.
George Jarvis
Signed and sealed, published and declared, by the said testator, George Jarvis, as and for his last will and testament, in the presence of us who subscribed our names as witnesses thereto, in his presence.
Tho. Merret Joshua Adams of the Bank Job Montagu Hen. Montagu of Lincolns Inne.
A codicil to be added to the last will and testament of me, George Jarvis of London, Merchant Taylor, bearing the nineteenth day of August in the year of Our Lord one thousand seven hundred and fifteen;
Whereas Nevill Norton, husband of my daughter Sarah Norton, in the same will named above, fifteen years ago left her and his daughter by her destitute of any means of subsistence and has since made no manner of provision for them, and I have for that reason been ever since at the charge of the maintenance of his said wife and of the maintenance and education of his said daughter, wherein I have expended the sum of one thousand pounds sterling and upwards. And it is not now known where the said Nevill Norton is, nor whether he be alive or dead, now I do hereby will and direct my executors, (in case the said Nevill Norton shall after my death make any claim to any customary part of my personal estate) to deduct thereout the said sum of one thousand pounds for the said maintenance and education, to the time of the date hereof, and from and after the day of the date hereof during all such time as I shall be charged of maintaining my said daughter and granddaughter Norton, after the rate of seventy pounds per annum and (during all such time as I shall be at the charge of maintaining one of them only) after the rate of thirty five pounds per annum. But if the said Nevill Norton is dead, or shall die before me, or shall never appear to make any such claims, then I will and direct that no such deduction shall be made out of the customary part of my personal estate, which shall belong after my death unto my said daughter Sarah, or to any other in her right, or as representing her, except her said husband;
Item, I give to my granddaughter Sarah Norton (the daughter of my said daughter Sarah) the sum of three hundred pounds over and besides what provision I have made for my said granddaughter in and by my said will. And I do hereby revoke thirty pounds per annum, part of the fifty pounds per annum by my said will payable to my granddaughter Mary Clarke during her natural life and charged on the tenements therein mentioned to be situate in or near Bride Lane or elsewhere, in the parish of Saint Bridget, alias Saint Bride?s, London;
And I do hereby will that the same be reduced to twenty pounds per annum, payable quarterly, but free and clear from all deductions for taxes, repairs, damages, losses, insurances and other deductions. Whatsoever, anything in my said will contained to the contrary notwithstanding. And I do further will that my said granddaughter Mary Clarke shall have no power of entry or distress for any one quarterly payment of the said annuity or yearly payment of twenty pounds provided for her and charged, as by my said will and this codicil, doth appear until a succeeding quarterly payment shall become due and payable anything in my said will contained to the contrary notwithstanding. And in all other respects my will is that the said twenty pounds per annum be charged on the tenements last mentioned, with all remedies for the recovery thereof in the same manner as is in and by my said will provided with relation to the said fifty pounds per annum and as the said Mary Clarke might have had for the same if this codicil had not been made. And whereas I have in and by my said will made several devises, gifts and bequests unto my daughter Lydia Jarvis and others upon the trusts therein expressed, now I, intending my son-in-law Gilbert Browne esqr. To be a trustee in the place and stead of my said daughter Lydia, do hereby revoke the same devises, gifts and bequests to my said daughter Lydia, as to her, her heirs, executors and administrators only, and do hereby give devise and bequeath to him the said Gilbert Browne his heirs, executors and administrators (together with the respective other persons named in my said will as co-trustees with my said daughter Lydia, in the several and respective trusts, in and by my said will created or intended, their heirs executors and administrators respectively. All lands, hereditaments, stock, goods, chattels, and things in and by my said will devised, given or bequeathed to my said daughter Lydia and others in trust as therein is mentioned subject to the several and respective trusts in and by my said will directed or declared and in the same manner and form to all intents and purposes as if the said Gilbert Browne had, in and by my said will been appointed and named a trustee in the place or stead of my said daughter Lydia and I declare this codicil to be part of my said last will and with the additions and alterations aforesaid I do hereby ratify and confirm my said will.
In witness whereof I have to this codicil set my hand and seal this fifteenth day of October in the year of Our Lord one thousand seven hundred and sixteen.
George Jarvis
Signed, sealed, published and declared, by the said testator, George Jarvis, as and for a codicil to be added to and be part of his will above mentioned, in the presence of us who subscribed our names as witnesses thereto, in the presence of us who subscribed our names as witnesses thereto, in the presence of the said testator.
Tho. Merret Joshua Adams Job Montagu Hen. Montagu
A second codicil to be added to the last will of me, George Jarvis of London, Merchant Taylor, bearing date the nineteenth day of August in the year of Our Lord one thousand seven hundred and fifteen. And I do make this codicil to be part thereof;
Whereas I have, by my last will, given and devised, unto William Clarke, Richard Tapps and Lydia Jarvis, their heirs and assigns, Lydia Jarvis, their heirs and assigns, all those my four fields or enclosures of pasture ground lying in or near Maiden Lane in the parish of Islington, containing by estimation twenty acres or thereabouts (being copyhold of inheritance and by me surrendered to the use of my last will) in trust for the sole benefit of my granddaughter Sarah Norton, as in my said will is mentioned. I do hereby revoke, disannul and make void the said devise in my said will, and I do hereby give devise and bequeath, unto my daughter Lydia Jarvis, her heirs and assigns, all those my said four fields or enclosures of pasture ground lying or being in or near Maiden Lane in the said parish of Islington, now let to Walter Sibbon, cow-keeper, to hold to her, her heirs and assigns for ever;
And I do hereby direct that my body be interred in my son and daughter Brown?s parish church, in the county of Hertford;
In witness whereof I have hereunto set my hand and seal the twelfth day of April in the year of Our Lord one thousand seven hundred and eighteen, George Jarvis.
Signed and sealed by the said George Jarvis, and by him published and declared to be part of his will in the presence of us who subscribed our names in the presence of the said testator. The word ?grand? and the words ?now let to Walter Sibbon, cow-keeper? being first interlined.
Thomas Wotton Matt. Hirkman Dumb. Smyth
Probatum fuit hujus modi testamentum apud London cum duobus codicillis annexis dicesimo septimo die mensis Maii anno domini millesimo septuigentesimo dicesimo octavo coram venerabili viro Eduardo Kinaston Legum doctore surrogato venerabilis et egregii viri Johannis Bettesworth legum etiam Doctoris curia praerogative Cantuariensis Magistri custodis sive commissarii legitime constituti Juramentis Agnetis Clarke uxoris Gulielmi Clarke, Elizabetha Tapps uxoris Richardi Tapps Lydia Jarvis soluts et Maria Browne uxoris Gilberti Browne armigeri filiarum dicti defuncti et executeirum in dicto testamento nominatarum quibus commissa fuit administratio omnium et singulorum bonorum jurium et creditorum dicti defuncti de bene et fideliter administrando eadem ad sancta dei Evangelia jurat.
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