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The Tathams of County Durham
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WILL OF JOHN TATHAM

This is the last Will and Testament of me John Tatham of Craven Street Westminster in the County of Middlesex Gentleman Member of the Honorable Society of the Inner Temple my Soul I resign into the hands of a merciful God and Redeemer I direct my body to be decently interred I give my dearly beloved Wife Mary Ann Tatham the sum of three hundred pounds to be paid to her immediately upon my decease out of any money cash or notes then in my possession or belonging to me in my Bankers or others hands or out of the first monies that shall be received as belonging to me for her immediate wants and purposes I give to my said Wife all my Furniture China Musical Instruments Linen Trinkets and Spirits Wine and Other Liquors that that shall be in my possession and belong to me at the time of my death and all other my Estate and Effects not hereinafter particularly disposed of and I direct that my said Wife shall have the use and enjoyment of all end every my Books Pictures Prints Engravings and Plate Silver and Gold Watches Chains and Seals during her life / An Inventory of all such last mentioned Articles so given to my said Wife for life shall be made and taken and the same together with a duplicate thereof shall be signed by my said Wife and the Executors after named one part to be kept by her and the other part by my said Executors with this special power that my said Wife may exchange any plate for others of equal value and subject as aforesaid and to my said wife's interest therein for life as aforesaid I bequeath the same to be given and divided among my dear children now living or hereafter to be born in such manner as my said Wife shall at any time during her life or by her last Will in writing or otherwise notwithstanding any coverture as after mentioned give and direct in confidence that she will make a just and maternal distribution thereof among my children according to their good conduct and [actions?] and I trust my dearest children will see that by not naming any one I show no preference all being equally deserving of my paternal love and affection And I desire that they may be brought up in the Church of England Doctrines I give and bequeath all my ready money securities for money debts debts due to me at the time of my decease which I desire may be collected and got in so soon as may be after my decease And all other my personal Estate and Effects whatsoever and wheresoever unto Ebenezer Sheldon of Mount Street Grosvenor Square in the said County of Middlesex Esquire Robert George Clarke of Craven Street aforesaid Esquire and Richard Westmacott of South Audley Street in the Parish of Saint George Hanover Square in the said County of Middlesex Esquire their Executors Administrators and Assigns upon trust thereout in the first place to pay all my debts funeral and testamentary Expenses and the Legacies given by this my Will and any other Legacies which I shall give by any Codicil hereto and I declare and direct that the Trustees or Trustee for the time being of this my Will shall lay out or invest or transfer and continue all the residue of my personal Estate after payment of of my debts and funeral and testamentary Expenses and Legacies in or upon some of the public Stocks or Funds or on Government or Real Securities at Interest in or into the names of my said Trustees or Trustee for the time being with full power to sell vary and transpose such Stock Funds and Securities for others of a similar nature at any time and at the request and with the Consent in writing of my said Wife and after her death at their and his absolute discretion and I declare and direct that the Trustees or Trustee for the time being of this my Will shall stand possessed of all such Stocks Finds and Securities in or upon which my said residuary personal Estate shall for the time being consist upon the trusts following that is to say upon rust to pay the interests dividends and yearly proceeds thereof as and when the same shall be received into the proper hands of my said wife or into the hands of such person or persons as she by any writing under the hand after the same shall have become actually due but not so as to charge or anticipate the growing payments thereof shall from time to time notwithstanding ant future coverture direct or appoint to the intent that the same my be for her sole separate and inalienable use during her life and may not be subject to the debts or control of any future husband and for which the receipt of her my said wife or of such person or persons as she shall appoint as aforesaid shall alone be sufficient discharge provided always and my will is and I hereby declare that such interest dividends and yearly proceeds so directed to be paid to my said wife as aforesaid is upon this confidence and condition that she will bring up educate and maintain and provide for all and every my Child and Children living at my death or born in due time afterwards in the best manner the income she derives under this my Will and by her Marriage Settlement will enable her to do And in case my said Wife shall fail or neglect so to do Then my Will is and I hereby declare and direct that my said Trustees or Trustee for the time being shall pay and apply the whole of the said interest dividends and yearly proceeds or a competent part thereof in the maintenance and education of my said child or children living at my death or born in due time afterwards during their respective minorities in such manner as my said Trustees or Trustee shall think proper and so and shall pay the surplus only of such interest dividends or yearly proceeds unto my said Wife for her separate and inalienable use as aforesaid And from and after the decease of my said Wife and subject to the Trusts aforesaid I declare and direct that all and singular the said Trust monies and the Stocks Funds and Securities in or upon which the same shall be invested shall be upon trust for all and every my children now living or hereafter to be born and who shall be living at or born in due time after my decease at such ages or times and such parts shares and proportions and subject to such provisions conditions and restrictions and to such limitations over to and for the benefit of some or one of such children as my said Wife by any Deed or Deed Writing or Writings with or without power of revocations to be by her sealed and delivered in the presence of and attested by two or more credible Witnesses or by her last Will or any Codicil thereto to be signed and published in the presence of and attested by the like number of Witnesses shall notwithstanding any future Coverture direct and appoint and in default of such direction or appointment or so far as the same if partial or incomplete shall not extend In trust for all and every my children now living or hereafter to be born who being a Son or Sons shall live to attain the Age of twenty one years or being a daughter daughters shall live to attain that age or shall marry under that Age with the previous consent in Writing of her or their Guardians or Guardian for the time being such children if more than one to take in equal shares and proportions And if there shall be only one such child then in trust for such one child his or her Executors Administrators or Assigns Provided always and I declare my Will to be that such of my children who shall become capable of taking a vested Interest under the trust last aforesaid shall become intitled under the Trusts contained in this my Will and my Marriage Settlement respectively or the one of them to the sum of two thousand pounds Sterling at the least and that no appointment or appointment to be made by my said Wife in exercise of the powers in my said Will and Settlement respectively contained shall have the effect of reducing the portion of any such Child below the sum of two thousand pounds any thing herein before contained to the contrary in anywise notwithstanding. Provided always and I declare and direct the same shall be upon further Trust that subject to and without prejudice to any appointment made by said Wife they my said Trustees or Trustee for time being do and shall during the respective minorities of my said children pay the Interest Dividends and Yearly Proceeds of their respective presumptive shares in the said Trust Monies and Premises or a competent part thereof in or towards the maintenance and education of my said Children in such manner as my said Trustees or Trustee for the time being shall think proper and do and shall accumulate and improve any surplus or savings of such Interest Dividends or Yearly Proceeds in Augmentation of the respective shares from which the same shall arise Provided also and I do hereby authorize and empower my said Trustees or Trustee for the time being during the respective minorities of each or any of my Sons with the consent in writing of my said Wife if living but if dead at their or his absolute discretion to pay and apply any part or parts of the presumptive portion or share for the time being of such Son under the Trusts aforesaid for or towards his respective advancement or preferment in the World in such manner as the said Trustees or Trustee for the time being shall think proper Provided also and I do hereby give declare and direct that in case none of my Children shall live to acquire a vested Interest under the Trusts of this my Will then and in such case and subject and without prejudice to other Trusts and provisions herein contained and to any Appointment or Advancement in pursuance thereof All and singular the said Trust Funds and premises and all accumulations and savings and the Yearly Income thereof shall so remain and be upon Trust for such person or persons and for such Intents and Purposes and subject to such powers provisions and declarations as my said Wife notwithstanding any future Coverture in and by any Deed or Instrument in Writing or by the last Will or any Codicil or Testamentary writing to be respectively executed and attested as aforesaid shall at any time or from time to time direct appoint give or bequeath the same And in default of or subject and without prejudice to any such appointment as last aforesaid In trust for such persons as would become intitled thereto as my next of kin according to the Statute of distributions in case I had died unmarried or intestate and in the same proportions and manner as they would so become intitled to the same Provided also and I do hereby declare and direct that if either of my Trustees hereby appointed or any succeeding Trustee to be appointed in his place shall die or declare or become incapable to act in the Trusts of this my Will Then and immediately after and so often a new Trustee shall or may be appointed in his place or stead by the Trustees or Trustee surviving or continuing to act or by the last acting Trustee his Executors or administrators nevertheless with the consent in writing of my said Wife during her life and the said Trust monies stocks funds and premises shall from time to time be conveyed and transferred so as to be vested in the acting Trustees or Trustee for the time being and every such new Trustee shall and may act in the management and execution of the Trusts of this my Will and shall have and may exercise the same powers and discretion in all respects as if he had been originally appointed a Trustee of this my Will I appoint my said Wife the said Ebenezer Sheldon and Robert George Clarke Executrix and Executors of this my Will also I appoint them and the said Richard Westmacott and the Survivors or Survivor of them Guardians and Guardian of my children now living and hereafter to be born during their respective minorities I give to the said Ebenezer Sheldon Robert George Clarke and Richard Westmacott ten Guineas a piece for mourning rings in token of my regard and I hereby lastly declare that my Trustees Executrix and Executors hereby appointed and the Trustees or Trustee for the time being of this my Will shall not be answerable or accountable the one for the other or others of them but each of them for her and his respective Acts Receipts Neglects and Defaults only and by no means for involuntary losses incident to or affecting the Execution of this my Will And I hereby revoke all former Wills In Witness whereof I have to the first three sheets hereof (the whole being written on four sheets of paper and all in my own hand Writing) ******************* set my hand to this fourth and last sheet my hand and seal this fourth day of August one thousand eight hundred and nineteen. Jno Tatham. LS.
Nov 28th: 1829. Appeared Personally Sophia Draper of 24 Dorset Place Dorset Square in the County of Middlesex Spinster and Samuel Staniland 4 Bouverie Street Fleet Street in the County of Middlesex Gentleman and jointly and severally made oath that they knew and were well acquainted with John Tatham formerly of Craven Street Westminster in the County of Middlesex Gentleman Member of the Honorable Society of the Inner Temple then of Golden Square but late of 24 Dorset Place Dorset Square respectively in the County of Middlesex deceased and during such their knowledge of and acquaintance of the said deceased often saw him write and subscribe his name to paper writings and are thereby become well acquainted with his manner and character of handwriting and subscription and having now carefully viewed and perused the paper writing hereto annexed purporting to be and contain the last Will and Testament of the said deceased beginning thus "This is the last Will and Testament of me John Tatham of Craven Street Westminster in the County of Middlesex Gentleman" ending thus "In Witness whereof I have to the first three sheets hereof the whole being written on four Sheets of paper and all in my own handwriting set my hand & to this fourth and last Sheet my hand and seal this fourth day of August one thousand eight hundred and nineteen" and thus subscribed "Jno Tatham" they verily and in their consciences believe the whole body series and contents of the said paper writing and the names Jno Tatham thereto subscribed to be all of the proper hand writing and subscription of the said John Tatham deceased. Sophia Draper Saml. Staniland same day the said Sophia Draper and Samuel Staniland were duly sworn to the truth thereof Before me Coote Surr. Pst Geo Silk Not. Publ.
Proved at London the 7th December 1829 before the Worshipful Charles Coote Doctor of Laws and Surrogate by the Oaths of Mary Ann Tatham widow Robert Ebenezer Sheldon and Robert George Clarke the Executors to whom Admon was granted having been first sworn duly to administer.



John Tatham (1768-1829)

Will of 04 Aug 1819 (Proved 07 Dec 1829)


Linked toJohn Tatham (Probate)

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