John Daft of Whitechapel then Whitchurch 1848 Will
The National Archives PROB 11/2080/286
This if the last will and Testament of me John Dafft late of 123 High Street Whitechapel in the County of Middlesex Woollen Draper But now residing at Whitchurch near Ross in the County of Herefordshire
I give devise and bequeath unto my dear Wife Ann George F Bayley School Master of Boston in the County of Lincolnshire Thomas Chew of Moorfields London in the County of Middlesex Livery Stable Keeper and Cornelious Goodwin of Partney Mill Lincolnshire Miller All that and every my messuages or tenements cottages closes and land hereditaments and real Estates whatsoever situated and being in Boston and Firbeck in the County of Lincoln or elsewhere to hold to them their heirs and assigns To the uses upon the trusts and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)
Upon trust that they my said trustees or the survivors or survivor of them his heirs or assigns do and shall from and after my decease receive the rents issues and profits thereof as and when the same shall become due and payable and apply the same to my said Wife Ann for and during the term of her natural life to and for her own sole and separate use and benefit free from debts control and engagements of any future husband or to such other persons or person as my said Wife notwithstanding her future coverture shall by writing under her hand direct or appoint to receive the same And I direct that the receipts of my Wife Ann or the persons or person whom respectively she shall or may appoint to receive the same shall alone be a good and sufficient discharge to my said trustees for the payment of the said rents profits or other proceeds thereof
And I do devise and bequeath to my Uncle Thomas Tuxford of Boston in the County of Lincoln an annuity of twenty pounds per annum to be paid quarterly in four equal sums of five pounds from the proceeds of the before mentioned my real Estates and I do direct and Appoint my said Wife Ann to pay over the same into the hands of my said Uncle Mr Thomas Tuxford during the remainder of his natural life
And from and after the decease of my said Wife I give and devise and bequeath all and every my said messuages or tenements cottages closes of land hereditaments and real estates whatsoever and wheresoever situated unto all and every my child and children by my said Wife Ann and to their respective heirs and assigns for ever as tenants in common and not as joint tenants and from and after the decease of my said Wife in case there shall be no such child or children living at the time of her decease then upon trust as to all and every my said messuages or tenements cottages closes of land hereditaments and real estates whatsoever and wheresoever situated I give devise and bequeath (after deducting the before mentioned annuity of twenty pounds per annum bequeathed to my uncle Thomas Tuxford of Boston should he survive my said Wife then in equal shares (the residue to all and every my nephews and nieces children of my two deceased sisters Harriet Swain and Mary Brazelier the same to be paid into the hands of William Swain Tailor of Grantham Lincolnshire and George Brazelier Tailor of London Middlesex in equal shares according to the number of the surviving children in each family the receipts of my said brothers in law or the persons or person they may respectively appoint shall alone by a good and sufficient discharge for the same to my said trustees
But should my said Wife Ann survive my said uncle then at her decease the whole of the rents issues and profits arising from my before mentioned real Estates to be paid by my said trustees into the hands of my said two brothers in law in the way and manner before mentioned and directed for the use and benefit of their said children until the youngest surviving child of my said departed sisters Harriett & Mary shall attain the full age of twenty one years and after the lapse of a full year and not sooner after the decease of my said Wife I devise and direct that an equal division either by sale or otherwise of the whole of my before mentioned real Estates consisting of messuages tenements cottages closes land hereditaments and real Estates whatsoever and wheresoever situated either in Boston Firbeck or elsewhere be made under the control and by the direction of my said trustees each surviving child of my said two deceased sisters receiving his and her full and equal share of the said division
And to my Nephew George Dafft Evans son of my sister Emma Evans of Boston Lincolnshire I give and bequeath my watch my writing desk and the whole of my wearing apperal
And to my Wifes sister Susan Porter the wife of Thomas Porter of Frome Somersetshire I give devise and bequeath the sum of fifteen pounds of lawful money
And I also further give devise and bequeath unto my said Wife Ann all and every my monies and securities for money to pay therefrom my funeral and testamentary charges and expences as also all my just debts and engagements and after the payment of these and all other necessary expences to be incurred by the carrying into effect of this my last Will and Testament then the whole of the surplus thereof I give and bequeath to my said Wife for her own sole and separate use and benefit free from the debts controul and engagements of any future husband
But should my said Wife Ann not survive me then the whole of the said surplus money I give devise and bequeath unto my said trustees also to hold to them the survivors or survivor of them his heirs or assigns to the uses upon the trusts and for the ends intents and purposes hereafter mentioned and expressed concerning the same (that is to say)
I give devise and bequeath to Lydford Porter the son of Thomas and Susan Porter of Frome Somersetshire one hundred and fifty pounds and to his Mother my said Wifes sister a further sum of thirty five pounds to be paid by my said trustees from the said surplus monies and the residue or remainder if any to be equally divided amongst my nephews and nieces the surviving children of my two departed sisters Harriett Swain and Mary Brazelier
I also give devise and bequeath to my said Wife Ann All and every my household furniture and goods books plate linen china and pictures to and for her absolute use benefit and disposal
And I direct that they my said trustees shall not be answerable or accountable for any loss or damage which may happen in about or relating to the execution of this my last Will and Testament and I do further declare that they my said trustees shall not be answerable or accountable for any loss or damage which may happen in about or relating to the execution of this my last Will and Testament and I do further declare that they my said trustees or the survivors of them his executors or administrators shall not be answerable for the others or other of them but each one of them for his own acts only
And I do hereby nominate constitute and appoint my said Wife Ann George F Bayley Thomas Chew and Cornelious Goodwin Executors of this my last Will and Testament And hereby revoking all former and all other Wills by me at any time heretofore made do declare this only to be my last Will and Testament
In Witness whereof I the said John Dafft the Testator have hereunto set my hand and seal the first day of August in the year of our Lord one thousand eight hundred and forty eight
John Dafft
Signed and sealed by the said John Dafft the Testator and by him published & declared as and for his last Will in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto
Witness
J Davis
A Davis
Proved at London 8th September 1848 before the Worshipful Frederick Thomas Pratt Doctor of Laws and Surrogate by the Oaths of Anne (in the Will written Ann) Dafft widow the Relict George Francis Bayley and Thomas Chew three of the executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like Grant to Cornelius (in the Will written Cornelious) Goodwin The other executor when he shall apply for the same