Frances Launder of Nottingham 1822 Will
Privately owned copy held with property deeds
Also at the National Archives PROB 11/1658/285
Attested Copy Probate Copy of the Will of Miss Frances Launder Spinster deceased Dated 7th December 1819
This is the last Will and Testament of me Frances Launder of the Town and County of the Town of Nottingham Spinster
I give devise and bequeath unto Sir Robert Clifton of Clifton Hall in the County of Nottingham Baronet and John Balguy Esquire of the Middle Temple London Esqr All and every my Manors messuages cottages farms closes lands tenements hereditaments and Real Estate of what nature or description soever and wheresoever situate And also All my personal Estate and Effects not hereinafter specifically given or disposed of and which shall remain after payment thereout of all my just debts legacies funeral and testamentary expences To hold unto and to the use of the said Sir Robert Clifton and John Balguy their heirs executors administrators and assigns according to the natures and qualities of the same several Estates Upon the trusts nevertheless and to and for the intents and purposes hereinafter mentioned (that is to say)
In Trust for such person or persons for such estate or estates interest or interests in such parts shares and proportions and charged and chargeable in such manner and form with the payment of such annual or gross sums and with under and subject to such powers provisoes limitations and conditions as my Sister Ursula the Wife of William Fletcher Norton Norton Esquire notwithstanding her coverture shall by any deed or deeds instrument or instruments in writing with or without power of revocation to be signed sealed and delivered by her in the presence of and attested by two or more credible witnesses or by her last Will and Testament or any Codicil or Codicils thereto or any writing in the nature of and purporting to be her Will Codicil or Writing such Will Codicil or Writing to be by her executed In the presence of three credible witnesses and attested by the same Witnesses shall direct limit give devise or appoint And in default of any such direction limitation gift devise or appointment And also in default thereof as to all or any part of the said real and personal Estates or as far as any such direction limitation gift devise or appointment thereof or of any part thereof shall not extend
In Trust for the said Ursula Norton and her assigns for and during the term of her natural life for her sole and separate use independent of her present or any future husband and without being subject to the debts controul or engagements of him or them and I do order and direct that the receipt and receipts of my said Sister and not the receipt of any other person or persons shall be from time to time a good and sufficient release and discharge for so much money as she shall receive or be paid for on account of my said real or personal Estate whether covert or sole and without her husband’s consent receipt or discharge for the same
And from and immediately after the decease of my said Sister Ursula Norton In Trust for the heirs executors administrators and assigns of my said Sister Ursula Norton and to for or upon no other use trust intent or purpose whatsoever
And I do hereby will and direct that it shall and may be lawful to and for my said Trustees and the survivor of them his executors and admors with the consent of my said Sister Ursula Norton during her life testified by writing under her hand and after her decease then ofthe proper authority of the said Robert Clifton and John Balguy or the survivor of them his executors or administrators to lay out or invest and from time to time as often as there shall be occasion to call in and reinvest all my Residuary personal Estate in the purchase of Stock in the public Funds or on Government or Real Security at Interest
And I do direct that upon the death resignation refusal or incapacity to act of my said Trustees or either of them and so often as any such event shall happen it shall be lawful for the surviving or remaining acting Trustee for the time being his executors or administrators to nominate and appoint one or more new Trustee or Trustees of my said Residuary personal Estate in whom together with the surviving or remaining acting Trustee or Trustees if any the same shall by all necessary means be legally vested upon the trusts of this my Will
And it is my will that the Trustees and Executors of this my Will their and every of their heirs executors and admors respectively shall be at liberty to deduct and retain out of any monies which shall or may come to their hands by virtue of this my Will and to reimburse himself or themselves respectively and to allow to his or their Co Trustee or Co Trustees from time to time respectively all such costs charges damages and expences as they or any of them shall or may bear pay sustain expend or be put unto for or by reason or means of the trusts hereby in them reposed or in the management or execution thereof or for or by reason of any other matter or things in anywise relating to their said Trust and Executorship
And that they shall be in nowise answerable or accountable the one for the other or others of them notwithstanding they may join in any receipt for the sake of conformity nor with or for any loss misfortune or damage which shall or may happen to their said Trust Estate unless the same shall arise in consequence of their wilful neglect or default respectively but with each of them only for his own acts receipts or wilful defaults nor shall they or any of them be answerable or accountable for insufficiency or deficiency of any Security or Securities wherever the said Trust Monies or any part thereof shall or may be invested nor for any Banker Broker Agent or other person in whose hands any of the said Trust Monies may be placed for the sake of Security who may be instructed by my said Trustees or any of them in the management or disposition thereof and I do hereby nominate constitute and appoint the said Sir Robert Clifton and John Balguy Executors of this my Will and I give and devise to them and their heirs All the real Estates now vested in me as a Trustee or as a Mortgagee and subject to redemption To the interest that they may be enabled to convey and assign the same according to the Trusts or Right of Redemption to which such Estates are or shall be subject
I give and bequeath to my said Sister Ursula Norton the sum of Fifty Pounds to be paid out my personal Estate and laid out in Rings to be given to my Relatives and Friends immediately after my decease
I give and bequeath to my God Daughter Agnes Margaret Nixon the sum of Five hundred pounds to be paid to her as and when she shall attain the age of twenty one years
I give and bequeath unto my God Daughter Frances Emily Smith Daughter of George Smith Esquire now residing at Hempshall near Nottingham the like sum of Five hundred pounds to be paid to her as and when she shall attain her age of twenty one years
I give and bequeath unto my Godson Henry Griffith the son of John Griffith of the City of Durham Esquire the like sum of Five hundred pounds to be paid to him when he shall attain the age of twenty one years
I give and bequeath unto Ann Elliott Daughter of my Butler Samuel Elliott the like sum of Five hundred pounds to be paid to and to be an interest vested in her at her age of twenty one years and I direct that the interest of the said sum after the rate of Five pounds for every One hundred pounds by the year shall in the meantime after my decease until the said Ann Elliott shall attain her age of twenty one years or die under that age be paid and applied to and for the maintenance and support of the said Ann Elliott
And I direct that in case the said Agnes Margaret Nixon Frances Emily Smith Henry Griffith and Ann Elliott shall attain their respective ages of twenty one years during my life then I order and direct that such Legacies respectively shall be paid to him her or them as soon as conveniently may be after my decease
I give to Elizabeth Wife of Baron de Pully residing at Chateau of Neuville in France Sister to William Fletcher Norton Norton Esquire the sum of One hundred pounds
I give to Miss Andriana Bethers the sum of Twenty pounds and I give to Miss Sarah Hanson the like sum of Twenty pounds
I give to the said Sir Robert Clifton and John Balguy the sum of One hundred pounds each as a testimony of my regard for them and as a small remuneration for the trouble incident to the execution of the trusts reposed in them by this my Will
I give to the President Treasurer and Governors of the Lunatic Asylum in the Town and County of Nottingham aforesaid for the use of that Institution the sum of one hundred pounds in case that donation shall not have been made by me during my lifetime for which said sum of one hundred pounds I declare that the receipt of the Treasurer of the said Asylum shall be a good and sufficient discharge to my said Executors
And I do hereby bequeath unto Samuel Elliott my present Butler and his assigns during his life if he shall be living with me at the time of my decease one Annuity or yearly sum of Forty pounds of lawful Money of Great Britain to be paid and payable to him free from taxes and without any other deduction whatsoever by half yearly payments on the twenty fifth day of March and the twenty ninth day of September by even and equal portions the first half yearly payment thereof to be made on such of the said days as shall next happen after my decease
And after the decease of the said Samuel Elliott I do hereby give and bequeath one Annuity or yearly sum of Forty pounds of like lawful money unto Sarah Elliott Wife of the said Samuel Elliott and my present Housekeeper if she shall be living with my at my decease to be paid and payable to her during the then remainder of her life by even half yearly payments on the days hereinbefore mentioned free from taxes and without any other deduction whatsoever the first of the said half yearly payments to be made on such of the said days of payment as shall happen next after the decease of the said Samuel Elliott and I direct that a proportional part of the said Annuity shall be paid to the Executors or Administrators of the survivor of them the said Samuel Elliott and Sarah his Wife which at the decease of such survivor shall have elapsed of the half yearly payments thereof then growing due
And I do hereby further direct and declare that All my Manors messuages farms lands tenements and hereditaments shall be considered as a primary fund for the payment of the said Annuity hereinbefore by me bequeathed and I do hereby accordingly charge my said Freehold Manors messuages farms lands tenements and hereditaments with the payment of the said Annuity respectively and I do hereby will and direct that in case any half yearly payment or payments of the said Annuity shall be in arrear or unpaid by the space of twenty one days next over or after any of the said days of payment whereon the same ought to be paid as aforesaid it shall be lawful for the said Annuitant entitled to the Annuity so for the time being in arrear to recover and enforce payment thereof by entry and distress upon and perception of the rents and profits of the said Manors messuages farms lands tenements and hereditaments hereby charged with the payment of such Annuity respectively
And I give to each of my Servants who shall be living with me at the time of my decease three months wages over and above what shall be then due to them and also plain and decent mourning
And it is my mind and will and I do hereby order and direct that a plain White Marble Monument be erected in the Parish Church of Saint Nicholas in the said Town of Nottingham in Memory of the late Cornelius Launder Esquire and Mary his Wife and that a Monument of the same description be erected in the parish Church of Saint Peter in the said Town of Nottingham to the memory of my deceased Father and Mother and my two Brothers Launder and Philip Watson Launder in case such Monument shall not have been erected during my life
And it is my desire in case I should die in the Neighbourhood of Nottingham that I may be buried near the Graves of my deceased Father and Mother in the Chancel of the Parish Church of Bulwell in the County of Nottingham and that my funeral may be plain and private and conducted at as little expense as possible
And I hereby revoke all former Wills In Witness whereof I have to this my last Will and Testament contained in six sheets of paper set my hand to each of the preceding sheets and my hand and seal to this last Sheet the seventh day of December in the year of our Lord one thousand eight hundred and nineteen
Frances Launder
Signed sealed published and declared by the above named Frances Launder the Testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses
John Storer
John Gill
Chas Geo Balguy
Proved at York by both the Executors the 14th day of October 1822
This and the three preceding sheets examined and compared with the original Probate Copy and attested to be a true copy thereof by us this 14th day of May 1840
J Wild Jr ) Clerks to Messrs Percy Smith and Percy
Jno Thos Brown ) Solicitor Nottingham