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The Will transcription below was kindly undertaken by Mr. John Bathurst of Quebec.
The last will and testament of Robert (1) Bathurst was drawn up on February 21st 1843 and was proved on October 16th 1845 following his death on September 30th of that year.
It describes him as a Gentleman residing in Hackney Road, Bethnal Green. One of the witnesses was S.M. Vandome of 24, London Terrace on Hackney Road. This was almost certainly Samuel Michael Vandome who was christened in Stepney in 1819 and who by 1881, was living with his family in Preston, Lancashire. The other witness was Daniel Fryett, apparently the solicitor who drew up the Will.
Robert (1) appointed three executors, namely his wife Sarah, son Robert (2) and son-in-law William Freshwater. All three proved the Will and were granted Administration of the estate.
Robert (2) and William Freshwater were to be reimbursed 10 guineas each for their executive duties.
Robert (1)'s assets included a one-sixth part of five freehold houses in Church End Liberty in the parish of St. Leonard Shoreditch. This was bequeathed to Sarah, and after her death entailed to various other family members.
The assets also included fifteen leasehold messuages or tenements, of which thirteen - Nos. 19-31 - were in New Street, Mile End Old Town. The other two were at 10 and 11, Henry Street, perhaps situated on the south side of Commercial Road.
His son Robert (2) was to have the income from 19, New Street, his daughter Mary Ann Hardcastle was to have the income from Nos. 20-25 plus that of 10, Henry Street, and his daughter Matilda Freshwater was to have the income from Nos. 26-31 plus that of 11, Henry Street. These bequests carried various conditional entailments to other family members.
Robert (1)'s four "Linford" (Lindford) grandchildren - George Robert, William Walter, Emma Sophia and Robert John - were to share equally the income from 16 pounds invested in Bank of England annuities, with associated provisions for any of their deaths under the age of 21.
Mary Ann Hardcastle and Matilda Freshwater were to share equally any residual assets from the estate.
This is the last Will and Testament of me Robert Bathurst of Hackney Road in the Parish of Saint Matthew, Bethnal Green, in the County of Middlesex, Gentleman. I Will and direct that all my just debts, funeral and testamentary expenses be fully paid and satisfied. And I give and bequeath unto my dear wife Sarah all my wearing apparel, linen, plate, china, books, wines and every other article of household furniture in my dwelling-house at the time of my decease for her own absolute use and benefit. And I give devise and bequeath unto my said wife and my son Robert Bathurst of No 10 Bacon Street, Bethnal Green, aforesaid, and William Freshwater of No 1 Rosoman Street, Clerkenwell, in the County of Middlesex, Licensed Victualler, my Trustees and Executrix and Executors hereinafter appointed, all that my one sixth part of and in five freehold houses with the appurtenances situate at or in Church End Liberty in the Parish of Saint Leonard, Shoreditch, in the County of Middlesex, and now in the several and respective occupations of Collins Luff Budd Dyer and upon Trust to receive and pay unto or otherwise permit and suffer my said wife to receive and take the rents, issues and profits thereof for and during the term of her natural life for her own sole use and benefit. And from and after her decease I give and devise the said one sixth part of and in the said freehold messuages or tenements unto my said son Robert Bathurst for and during the term of his natural life. And from and after the decease of my said son Robert I give and devise the same unto his son and my Grandson Robert Bathurst, his heirs and assigns for ever. But in the event of the death of my said Grandson under the age of twenty one years without leaving issue of his body lawfully begotten then I give and devise the same unto my Grandson Robert George Hardcastle, his heirs and assigns for ever. And in the event of his death under the age of twenty one years without leaving lawful issue then I give and bequeath the same unto and equally among the Daughters of my said son Robert Bathurst.
And I give and bequeath unto the said Robert Bathurst and William Freshwater the sum of ten pounds ten shillings each for the trouble they may have in the execution of this my Will. And I give and bequeath unto my said wife and the said Robert Bathurst and William Freshwater all those my thirteen leasehold messuages or tenements with their and every of their respective appurtenances situate and being in New Street, Mile End Old Town, in the Parish of Stepney in the said County of Middlesex and respectively numbered19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31. And also my two leasehold messuages or tenements with the appurtenances situate and being in Henry Street, Jubilee Place, Commercial Road in the said Parish of Stepney and respectively numbered 10 and 11. And also all my ready money, monies in the public Stocks or Funds, securities for money and all other the Rest and Residue of my estate and effects of what nature or kindsoever to hold the said leasehold estates, monies in the public Funds, ready money, securities for money and residue of my estate and effects unto my said wife and the said Robert Bathurst and William Freshwater and the survivor of them, his or her executors, administrators or assigns upon the Trusts and for the aids and purposes hereinafter declared of and concerning the same that is to say upon Trust to receive and pay unto or otherwise permit and suffer my said wife to receive and take the rents, issues, dividends, interests and profits of my said leasehold estates, monies in Funds, securities for money and rest and residue of my estate and effects for and during the term of her natural life. And from and after her decease upon Trust to receive and pay unto or permit and suffer my said son Robert Bathurst to receive and take the rents, issues and profits of my said leasehold house numbered 19 New St, in Mile End Old Town, aforesaid for and during the term of his natural life. And upon further Trust to receive and pay unto my Daughter Mary Ann, the wife of George Hardcastle, as and when the same shall become due, the rents, issues and profits of my leasehold messuages or tenements respectively numbered 20, 21, 22, 23, 24 and 25 in New Street, Mile End Old Town, aforesaid and of my leasehold messuage or tenement No 10 Henry Street aforesaid to and for her own sole and absolute use and benefit for and during the term of her natural life independent of and free from the debts, control or engagements of her present or any future husband. And upon further Trust to receive and pay unto my Daughter Matilda, the wife of the said William Freshwater, as and when the same shall become due, the rents, issues and profits of my six other leasehold messuages or tenements in New Street, aforesaid and respectively numbered 26, 27, 28, 29, 30 and 31, and of my other leasehold messuage or tenement numbered 11 in Henry Street aforesaid to and for her own sole and absolute use and benefit for and during the term of her natural life independent of and free from the debts, control and engagements of her present or any future husband. And I will and direct that the receipts of my said Daughters respectively, notwithstanding their reverture signed after such rents, issues and profits have become due and payable, shall alone or only be a good discharge to my said trustees or other the trustees or trustee for the time being acting under this my Will for the payment of the said rents, issues and profits to my said Daughters respectively. And I give and bequeath unto my four Grandchildren George Linford, William Walter Linford, Emma Sophia Linford and Robert John Linford sixteen pounds per annum Long Annuities now standing in my name in the Books of the Governor and Company of the Bank of England equally between them share and share alike to be payable and transferable to them as and when they shall respectively attain the age of twenty one years. And in case of the death of any or either of them under that age then I Will and direct that the share or shares of him, her or them so dying shall go to and be equally divided among the survivors if more than one, and if but one then the whole to such survivor. And from and after the decease of my said son Robert I give and bequeath my said leasehold messuage or tenement No 19 in New Street aforesaid unto his Daughter Sarah. And in case of her death under the age of twenty one years then I give and bequeath the same messuage or tenement unto her Brother Robert. And in the case of his death under the age of twenty one years then I give and bequeath the same messuage or tenement unto such other of the children of my said son who shall first attain the age of twenty one years. And from and immediately after the decease of my said Daughter Mary Ann Hardcastle, in case any of her children shall then have attained the age of twenty one years or, if not, then as soon afterwards as anyone or more of them shall attain that age, I Will and direct that the trustees or trustee for the time being acting under my Will shall and will sell and dispose of by public sale or private contract of my said six messuages or tenements in New Street aforesaid and respectively numbered 20, 21, 22, 23, 24 and 25 and my leasehold messuage or tenement No 10 Henry Street aforesaid upon Trust to pay and devide the proceeds arising from sale or disposition thereof unto and equally among the children of my said Daughter Mary Ann Hardcastle as and when they shall respectively attain the age of twenty one years. And in the case of the death of any of them under that age then the share and interest of him, her or them so dying shall go to and be equally divided among the survivors of them if more than one. And if but one then the whole to such one child who shall respectively attain the age of twenty one years. And from and immediately after the decease of my said Daughter Matilda Freshwater in case any of her children shall then have attained the age of twenty one years or, if not, then as soon as any one or more of them shall attain that age, I Will and direct the trustees or trustee for the time being acting under this my Will to sell and dispose of by public sale or private contract of my said six other messuages or tenements in New Street aforesaid respectively numbered 26, 27, 28, 29, 30 and 31 and my other leasehold messuage or tenement numbered 11 in Henry Street aforesaid upon Trust to pay and divide the proceeds arising from such sale and disposition thereof unto and equally among the children of my said daughter Matilda Freshwater as and when they shall respectively attain the age of twenty one years. And in case of the death of any of them under that age then the share and interest of him, her or them so dying I Will and direct shall go to and be equally divided among the survivors of them more than one and if but one then the whole to such one child who shall respectively attain the said age of twenty one years. And I Will and direct that such part of the proceeds of the sale or sales hereinbefore directed which at the time of such sale or sales taking place shall not be payable on account of the nonage of the children of my said Daughters respectively shall be invested in the public Funds until such children shall respectively attain that age. And as to all the rest and residue of my estate and effects I give and bequeath the same unto and equally amongst my children the said Robert Bathurst, Mary Ann Hardcastle and Matilda Freshwater share and share alike. And I Will and direct that the purchaser or purchasers of my leasehold estates shall not be bound to see to the application of the purchase money or be liable for any loss or misapplication thereof and that the receipt and receipts of the trustees or trustee for the time being acting under my Will shall be a good discharge to such purchaser and purchasers for the sums of money which shall be annually paid and in any such receipt or receipts shall be expressed to be received. And I Will and direct that my said freehold and leasehold estates be kept in repair and do hereby authorize and empower my trustees or trustee for the time being to retain and reimburse themselves, himself or herself all costs charges and expenses which they or any of them shall incur or retain in the execution of the trusts thereby reposed in them. And I do hereby revoke and make void all former and other Wills by me at any time heretobefore made and do declare this only to be and contain my last Will and Testament. In witness whereof I have to this my last Will and Testament written and contained in five sheets of paper subscribed my name to every sheet thereof this twenty first day of February in the year of our Lord one thousand eight hundred and forty three. [Signature] Robert Bathurst. Signed by the said Robert Bathurst the testator in the presence of us who at the same time in his presence and in the presence of each other have subscribed our names as Danl Fryett Junr, Solr, Bedford Place, Milton on Thames, Kent. S M Vandome, 24 London Terrace, Hackney Road.
PROVED at London the 16th Octr 1845 before the Worshipful John Danberry, Doctor of Laws and Surrogate by the Oaths of Sarah Bathurst widow, the Relict, Robert Bathurst the Son and William Freshwater the Executors to whom Adm'on was granted having been first sworn duly to administer".