Transcription of the Will of Henry Desborough, 1827
This is the last Will and Testament
of me Henry Desborough of Clapham in the County of Surrey, Esquire. I give and bequeath to my dear wife Louisa Ann Desborough the sum of two hundred pounds of lawful English moneys and to my daughter Georgiana the wife of Edward Man, Esquire, the sum of fifty pounds of like money, such legacies to be paid free of legacy duty as soon as convenient after my decease. I give and bequeath to my said wife all my household furniture, plate, linen, china, wearing apparel, books, pictures, wines and other liquors for her own absolute use and benefit. All the rest, residue and remainder of my estate and effects whatsoever and wheresoever (after payment of my just debts, funeral expenses and testamentary expenses which I desire may be discharged as soon as possible after my decease) I give, devise and bequeath unto my sons Henry Desborough the Younger of the Atlas Assurance Office, London, Esquire, and Laurence Desborough of List Lane, London, Gentleman, their heirs, executors and administrators. Upon the special trusts and confidences hereinafter mentioned, that is to say, upon trust as soon as conveniently may be after my decease to sell and dispose of such part of my said trust property and in such manner as they shall think proper for the best price and prices that can be gotten for the same and to collect and receive all debts due and owing to me and to convert the whole of my said residuary estate into money. And upon further trusts (after payment of my debts) to lay out and invest the same in their own names or in the names of my trustees for the time being in or upon some of the pubic stocks or funds of Great Britain or some other Government or civil securities at interest and to alter, vary and transpose such stocks, funds and securities from time to time as my said trustees or trustee for the time being shall think fit. And then upon trust to stand possessed of and interested in my said trust property. In trust to pay to or otherwise permit my said dear wife and her assigns to receive the whole of the dividends, interest and annual product thereof for her and their own absolute use and benefit during her life. And from and immediately after the decease of my said wife or my own decease in case I should survive her I direct that my trustees shall stand possessed of and interested in my said residuary estate and the stocks, funds and securities whereon the same may be invested and laid out and the principal, interest and other product thereof from time to time when and as the same may become due and be receivable to my daughter Louisa Ayton, the wife of John Webber Harris of Clapham aforesaid , Esquire, and her assigns for and during her natural life and for her own use and benefit independent of her present or any future husband whom she may happen to marry and so as not to be liable to his debts, engagements or controul and for which the receipt and receipts of my said daughter and her assigns only shall be good and sufficient discharge and discharges to my said trustees. And from and after the decease of my said daughter Louisa Ayton Harris in trust to pay, apply and divide the said sum of five hundred pounds and the stocks, funds and securities thereof into and among such issue of the body of my said daughter lawfully begotten as may happen to be living at he time of her decease in equal proportions qwith benefit of survivorship between them to be paid to such issue when he, she or they shall attain their age or ages of twenty one years and in the meantime the dividends, interest and product thereof to be applied to and for his, her and their maintenance, education and advancement in the World. But in case said daughter Louisa Ayton Harris shall die without issue or such issue shall die before the said bequest shall be payable or divisable then the said sum of five hundred pounds and the securities whereon the same shall be placed and all accumulations thereof shall sink into and become part of the residue of my said trust property. And as to all the rest, residue and remainder of my said trust property I hereby direct that my said trustees or trustee for the tim being of this my Will shall from time to time when and as the same shall …. and become recoverable stand possessed thereof and interested therein in trust for my said sons Henry and Laurence and my said daughters Louisa Ayton Harris and Georgiana Man in equal proportions the share and shares of my said sonsbe paid to them as soon as the ………. of the case will permit and the share and shares of each of my said daughters invested, paid, applied and disposed of and to be subject to the same contingencies and benefit of survivorship as I have hereinbefore directed with respect to the bequest of the sum of five hundred pounds for the benefit of my said daughter Louisa Ayton Harris and her issue and in case of their failure to to her brothers and sisters so far as the difference in the names and circumstances of the parties will permit. And I hereby direct that that the receipt or receipts of my said trustees or trustee for the time being of this my Will shall be a good and sufficient discharge to the purchaser or purchasers of the whole or any part of my said trust property for so much money as in such receipt or receipts shall be mentioned to be received. And such purchaser or purchasers shall not be bound to see to the application of his or their purchase money or be answerable or accountable for the misapplication or nonapplication thereof or of any part thereof. And I do hereby further direct and appoint that in case my said trustees hereby appointed or either of them or any new or other trustees or trustee to be appointed under this present power shall depart his life or be desirous of being discharged from or shall become incapable of acting in the trusts aforesaid then a new trustee or new trustees shall be chosen and appointed in his or their stead by the surviving or continuing trustee or his personal representative - - and my said trust property shall be conveyed and assigned …. appointed trustees or trustee so as to vest the same in him or their as effectually as in the surviving and continuing or original trustees or trustee of this my Will and upon the trusts hereinbefore by me declared respecting the same. Provided always and I do hereby declare that my said trustees shall not be answerable for oath other but oath for himself and his acts and defaults only and that they shall respectively be accountable only for such losses as my said trust property may sustain in consequence of their or his wilful neglect or default. And also that they shall be at liberty to retain and allow out of my said trust property all necessary expenses attending the execution of the trust hereby ….. in them. And whereas I have advanced and lent to my sons Henry and Laurence divers sums of money, now I do hereby direct that the payment thereof by them respectively shall not be rquired until two years after the death of my said wife provided that my said sons shall pay interest on the amounts due from them respectively to my said wife during her life and after her death to the party or parties intitled under this my Will to a distributive proportions of my said residuary estate. And I appoint my sons Henry and Laurence
Executors of this my Will and hereby revoking all former Wills and Codicils by me heretofore made I do publish and declare this to be my last Will and Testament contained in four sheets of paper set my hand and seal, that is to say, my hand to the first three sheets thereof and my hand and seal to this fourth and last sheet this tenth day of September one thousand eight hundred and twenty seven. - H. Desborough (seal) - Signed, Sealed, published and declared by the said Henry Desborough the testator as and for his last Will and Testament in the presence of us who in his presence and at his request have hereunto subscribed our names as Witnesses - S. Humphry No. 7 Peckham Grove, Surrey - S. J. Pickering No. 2 Tower Royal, Watting Street - Edmund Barlow No. 1Goswell Terrace, Goswell Road.
Proved at London 3rd October 1820 before the Worshipful John Danbury, Doctor of Laws and Surrogate by the oaths of Henry Desborough and Laurence Desborough the sons, the executors to whom administration was granted having been first sworn duly to administer.