This is the last Will and Testament of me Joseph Essam of Desborough in the County of Northampton,
Gentleman.
In the first place I charge my residuary personal estate with the payment of all my just debts,
funeral, testamentary, and incidental expenses and legacies given by this my will.
I give unto my
granddaughter Emma Crick the furniture standing in the two Back rooms of the house in which I now
reside at Desborough aforesaid; also the Clock upstairs, and the table, and Tea spoons, and Knives and Forks I
now have in common use.
I give unto my daughter Mary Lawson all the residue and remainder of my furniture,
plate, linen, china, books, prints, and pictures of whatever description that may be in and about my said dwelling house at the time of my decease. And I direct that neither the said Emma Crick or Mary Lawson shall
remove any of the Stoves or Grates out of my said dwelling house.
Coverture - the legal concept that, on marriage, a woman's legal rights were merged
with those of her husband. A married woman could not own property, sign legal documents or enter into a
contract, obtain an education against her husband's wishes, or keep a salary for herself. [
from
Wikipedia]
I give and bequeath unto my granddaughter
the said Emma Crick, the wife of Herbert Crick of Upper Edmonton, Middlesex, one annuity or yearly sum of
twenty five pounds per annum to be paid and payable to my said granddaughter, and into her proper hands,
hereby declaring her receipt alone - notwithstanding coverture - to be a good and proper discharge for the
same for and during the term of her natural life, and by even and equal half yearly payments computing from
the day of my decease and free from the debts, control, engagements, or interference of her present or any
future husband. Whereas I have lately purchased of Herbert Crick and others a freehold estate consisting of
a Public House, Bakehouse, Cottage, Brewhouse, Washhouse, Stables, and sundry other outbuildings, all adjoining
situate at Desborough aforesaid, now I hereby charge the same with the payment of the said annuity to my
said granddaughter.
Tenants in common: each holds a specified amount of the property. When one dies his portion of the property goes to his
own heirs.
Where there are joint tenants : when one dies his portion goes to the other joint
tenant.
Also I give and bequeath unto the said Herbert Crick a legacy of fifty pounds. And also
I give and bequeath unto the children, if any, of my said granddaughter Emma Crick, who may be living at her
decease, the sum of two hundred and fifty pounds to be equally divided between them share and share alike,
and as tenants in common, and to be vested interest in such children respectively on the death of their
mother and on the death of the said Emma Crick so much and such part of my residuary real and personal
estate as my said Executors may see fit to be said to make up such amount.
Also I give and bequeath unto
all and every the children of my said daughter Mary Lawson who may be living at her decease a legacy of
fifty pounds a piece to be paid to them on their respectively attaining their age of twenty one years.
Nineteen guineas equates to nearly £3,000 in 2005
Also
I give and bequeath unto my servant Sarah [illegible], if living with me at my decease, a legacy of Nineteen
Guineas.
And as to all my freehold and real estate, and the just residue and remainder of my personal estate
not hereinbefore specifically bequeathed by this my will, I give devise and bequeath the same and every
part thereof unto my Executors and Trustees hereinafter named, their executors or administrators, upon trust
to get in all my personal estate not consisting of leaseholds (if any) and to invest the same out at
interest upon Government or good leasehold securities at the sole discretion of my said Executors and
Trustees, and during lifetime of my said daughter and with her concurrence[?] in the purchase of freehold
property in England if my said Executors shall see fit, and upon trust to stand possessed of my said
freehold and real estate freeholds (if any) and residuary personal estate and investments thereof; upon
trust out of the rents, dividends, interest, and annual proceeds in the first place to pay all outgoings to
which the same may be severally liable to, and in particular all outlay for insuring, repairing, and
otherwise in relation to any real or leasehold estates and then to pay the net and clear surplus income
from time to time deriving therefrom into the proper hands of my daughter Mary Lawson for and during the
term of her natural life, and from and immediately after her decease upon trust for my said Executors and
trustees absolutely to sell and dispose of all my said freehold and real leaseholds (if any) and residuary
personal estates and investments thereof from time to time either by public auction or private contract, or
partly by each of those means, and to stand possessed of the clear proceeds arising therefrom unto and for
the equal benefit of all and every the children of my said daughter Mary Lawson who may be living at her
decease, share and share alike and as tenants in common, and to be vested interest in the said several
children of my said daughter Mary Lawson on their attaining their respective ages of twenty one years with
benefit of benefit of survivorship. If any of such children should be under his or her age of twenty one
years it being my will and meaning that the share of any of the said children of my daughter who may be
under age shall in the meantime be invested upon good government securities at interest.
And I do hereby
authorize and empower my said Executors and Trustees, during the minority of the children of my daughter
Mary Lawson or the children of my granddaughter Emma Crick, to pay and apply the whole or so much as they
shall see fit of the income of the portions or shares of such several children of my said daughter and
granddaughter respectively, for the time being contingently entitled under this my will after the
decease of their respective parents, for and towards their respective maintenance education and bringing up
in life accumulating the surplus income, and the income and accumulations ultimately unapplied[?] to follow
the destination of the capital where the same shall have arisen.
And I also authorise and empower my said
Executors if they shall see fit and during the lifetime of my said daughter Mary Lawson with her
concurrence to pay and apply so much of the capital not exceeding one half of and in the shares and
portions of any child or children of my said daughter who may from time to time be under age and be
absolutely or contingently entitled to any estate or interest under this my will for and towards the
advancement and putting out in life of such child or children as last aforesaid who may be so under age and
so entitled as last aforesaid.
And I do thereby will and declare that all and every the shares, estates and
interests that my said daughter Mary Lawson or my granddaughter Emma Crick or their several issues being
daughters may respectively take under this my will shall be for their respective sole, separate, and
absolute use, and benefit, and shall in no respect, and on no account be subject to the debts, control,
engagements, or interference of any husband or husbands to whom they may respectively be intermarried.
And I
do hereby further declare that the receipt or receipts of my Executors and Trustees for the time being of
this my Will for any monies coming to their respective hands under the trusts herein contained for rents,
purchase, monies or otherwise shall be good and sufficient discharge and discharges to the person or
persons paying the same without such person or persons being obliged to see to the applications thereof or
being answerable for the misapplication or nonapplication of the same.
And that my said Executors or other
the Trustees for the time being of this my Will shall not be responsible the one for the other of them nor
for the acts, receipts, disbursements, neglect, or default of the other of them, but each for himself and his
own acts, receipts, disbursements, neglects, and defaults only. And that the Executors and Trustees for the
time being of this my Will and each of them shall and may respectively disburse and reimburse to himself, and
allow to each other, all reasonable costs, charges, damages, and expenses that my said Executors or trustees
may respectively reasonably incur or be put into in carrying into effect the trusts of this my Will.
And
lastly I hereby nominate constitute and appoint Charles Jesson of Orchard Place in Kingsland Road in the
County of Middlesex and the said Mary Lawson to be Executors and Trustees of this my Will.
And hereby
revoking all former Wills by me at any time heretofore made do hereby declare this to be my last Will and
Testament. In Witness whereof I have hereunto set my hand and seal this Fourteenth day of Septr one
thousand eight hundred and fifty five Joseph Essam (LS) signed, sealed, published and declared by the said
Joseph Essam the testator as and for his last will and Testament in the presence of us who in his presence
at his request and in the presence of each other at the same time have hereunto subscribed our names as
Witnesses James Biggs, Thomas Bosworth Desborough
Probate
Admon
- Letters of Administration granted by probate to empower executors to carry out the terms of a will
Proved at London 6th January 1858 before the worshipful Samuel Fowkes Wambey [???] of Laws and
Surrogate by the Oaths of Charles Jesson and Mary Lawson, widow, the daughter, the Executors to whom
Admon was granted having been first sworn duly to administer.
[MARGINAL ADDENDUM]
On the 30th August 1866 Admon - with the Will annexed of the personal estate and effects of Joseph Essam
late of Desborough in the County of Northampton, Gentleman, who died 3rd October 1857 at Desborough
aforesaid left and administered by Charles Jesson and Mary Lawson, widow, the daughter of the said Deceased,
whilst living the Executors, and Residuary Legatees In trust named in the said Will - was granted to
Edward
Wentworth Lawson and Charles Christian Lawson the Grandchildren of the Testator, two of the natural and
lawful Children of Mary Lawson deceased, and as such having attained the age of twenty one years two of the
Residuary Legatees substituted in the said Will they having been first sworn, the said Mary Lawson having
survived the said Charles Jesson and died intestate, the said Mary Lawson being also the Residuary Legatee
for life named in the said Will.