Will of of Mary Elizabeth Brown, of Collumpton
Proved 15 February 1855
© Crown Copyright
National Archives Catalogue Reference PROB 11/2205/419 Records of the Prerogative Court of Canterbury, Volume Number: 2 Quire Numbers: 51 -100
Transcribed by Art Ames
I Mary Elizabeth Brown the wife of Edward Brown of Cullompton in the county of Devon and of Hertford Street Mayfair in the county of Middlesex, esquire do hereby revoke all former Wills codicils and other testamentary dispositions and declare this to be my last Will and Testament or testamentary appointment
Whereas by virtue of the settlement executed previously to my marriage with my said husband and bearing date the first day of November one thousand eight hundred and twenty five a sum of one thousand five hundred pounds now four pounds per cent bank annuities then standing in the joint names of Edward Bilke then of Hertford Street aforesaid esquire but since deceased and Henry Bilke and Edward Bilke the younger both of the Stock Exchange in the City of London gentlemen and now of the said Henry Bilke and Edward Bilke the younger alone as the trustees of the same settlement in the books of the Governor and Company of the Bank of England was settled upon the trusts therein declared for my separate use during my life and for the benefit of my children by my said husband after my decease but if there should not be any child or children of ours to become entitled to the said sum of one thousand five hundred pounds pounds now four pounds per cent bank annuities then the said trustees and the survivors and survivor of them and the executors and administrators of such survivor were to stand possessed thereof in trust for the benefit of such person and persons and for such intents and purposes and with under and subject to such charges conditions provisions and restrictions and in such manner as I at any time during my life by my last Will and Testament in writing or any writing of appointment purporting to be or in the nature of my last Will and Testament to be by me signed in the presence of and attested by two or more credible witnesses (and which Will or writing of appointment in the nature of a Will notwithstanding my said then intended or any future coverture I was thereby empowered to make) should direct or appoint of or concerning the same bank annuities and promises or any part thereof and in default of such direction or appointment then upon the trusts in the said settlement declared concerning the same
And by the same settlement the sum of one thousand and fifty now four pounds per cent bank annuities then standing in the joint names of the said Edward Bilke and Henry Bilke esquire (also joint deceased) but now standing in the name of Henry Bilke and Edward Bilke as the present trustees thereof are and to which I was under the trusts of a certain indenture referred to in the said settlements absolutely entitled expectant on the decease of my mother Ann Middleton was settled upon the same trusts and subject to the same powers provisoes and declarations as were expressed in the said settlement concerning the said sum of one thousand five hundred pounds now four pounds per cent bank annuities or such of those trusts powers provisoes and declarations as should be subsisting at my said mother’s decease And whereas Elizabeth Middleton of Herfford Street aforesaid spinster deceased by her Will in writing bearing date the twentieth day of June one thousand eight hundred and twenty nine properly executed and attested for the devise of real estates and which was duly proved in the Prerogative Court of the Archbishop of Canterbury on the third day of July one thousand eight hundred and thirty devised an undivided moiety belonging to her the said Elizabeth Middleton of and in several pieces of freehold land or ground messuages or tenements buildings and hereditaments situate in the several parishes of Christchurch and St Mary Newington in the county of Surrey with their and every of their appurtenances unto and to the use of Samuel Higham of the Government Annuity Office in the Old Jewry in the City of London and the said Henry Bilke and Edward Bilke the younger their heirs executors administrators and assigns upon trust for the benefit of her the said testatrix’s sister Mary Bilke and her assigns during her life and after her disease upon the trusts in the said Will declared for my separate use and benefit during my life and for the benefit of my children after my decease as tenants in common intail And for default of such issue then in trust for such person or persons as I should notwithstanding my present or any future coverture by Deed or Will duly executed appoint and in default thereof in trust for myself in fee simple
And whereas the said Mary Bilke by her Will in writing bearing date the second day of August one thousand eight hundred and thirty nine and also properly executed and attested for the devise of real estates and which was duly proved in the Prerogative Court of Canterbury on or about the twentieth day of March one thousand eight hundred and forty appointed in exercise of certain powers therein referred to the other undivided moiety in the same pieces of freehold land messuages and hereditaments to the use of the said Samuel Higham and the said Henry Bilke and Edward Bilke the younger and John Bilke their brother their heirs and assigns forever upon the trust in the same Will declared for my separate use and benefit during my life and for the benefit of my children after my decease as tenants in common intail and in default of such issue then in trust for such person or persons as I should notwithstanding my present or any future coverture by Deed or Will duly executed direct or appoint
And in default thereof then in trust for myself in fee simple and upon trust to convey and assure the same accordingly the said Mary Bilke the testatrix by her said Will gave and devised all those her five freehold messuages or tenements with the yards gardens and appurtenances to the same respectively belonging situate and being in Nelson Square in the said parish of Christchurch and county of Surrey and numbers 41, 42, 44, 45 and 46 which were given to her by the Will of her late husband and also all and every other her freehold and copyhold messuages buildings lands tenements and hereditaments and parts and shares of freehold and copyhold messuages buildings lands tenements and hereditaments and all other the real estates whatsoever and wheresoever (if any) of or to which she the said Mary Bilke was then seized or entitled in fee simple or had any right or power of disposal under or by virtue of the Wills of her said late husband and sister the said Elizabeth Middleton severally deceased or either of them or otherwise howsoever together with their and every of their respective rights members and appurtenances unto and to the use of the said Samuel Higham Henry Edward and John Bilke their heirs and assigns forever but nevertheless upon the same trusts for my separate use and benefit during my life and my children after my decease or on failure thereof for my appointee or appointees
And in default thereof for myself in like manner as they said testatrix Mary Bilke had therein before limited and declared or directed of and concerning the said moiety or half part of the said hereditaments in the parishes of Christchurch and St Mary Newington or as near and conformable thereto and corresponding therewith as might be and circumstance would permit
And whereas I am now desirous of exercising the said several and respective powers of appointment so limited to or vested in me endeavour by virtue of the said Settlement and Wills as aforesaid in favour of my said husband now therefore in pursuance exercise and execution of the said several and respective powers or authorities given or limited to me and by the said writed Settlement and Wills respectively or any of them and of all and every other power and powers authority and authorities to me given in me vested or in any wise enabling me in this behalf I do by this my Will and Testament or testamentary appointment or writing in the nature of and purporting to be my last Will and Testament or testamentary appointment signed and published by me in the presence of and attested by two credible persons whose names are hereunto subscribed as witnesses attesting the signing and publishing hereof by me the said Mary Elizabeth Brown direct and appoint that the said two sums of one thousand five hundred pounds now four pounds per cent bank annuities and one thousand and fifty pounds like bank annuities and all and singular the said freehold and copyhold lands messuages and hereditaments and other real estate respectively devised and appointed by the said two herein before writed Wills or either of them and all other real and personal estates and property whatsoever and wheresoever over which I have any power of disposal disposition for which I am capable of appointing by this my Will by virtue of the said Settlement and Wills or any of them or otherwise whosoever shall subject to the aforesaid trusts declared in favour of my said children as hereinbefore mentioned and referred to go over and be immediately after my disease to my said husband his heirs executors administrators and assigns respectively for his and their respective absolute benefit
And I appoint my said husband sole executor of this my Will or testamentary appointment In witness whereof I the said Mary Elizabeth Brown have to this my last Will and Testament or testamentary writing in the nature of my last Will and Testament set by hand and seal that is to say my hand to the four first sheets thereof and my hand and seal to this last sheet thereof this thirty first day of March one thousand eight hundred and forty Mary Elizabeth Brown
Signed sealed published and declared by the above named Mary Elizabeth Brown as and for her last Will and Testament or a testamentary writing in the nature of her last Will and Testament in the presence of us who have at her request in her presence and in presence of each other subscribed our names as witnesses the words five hundred having been first interlined in page 2 and the word fifty run through in the same page
Jas J Cookney 5 Lambs Conduit Place solr Henry Williams his clerk
On the 15th of February 1855 admon (with the Will annexed) of all and singular the goods chattels and credits of Mary Elizabeth Brown (wife of Edward Brown esquire) formerly of Collumpton in the county of Devon afterwards of Hertford Street Mayfair in the county of Middlesex but late of Reading in the county of Berkshire deceased was granted to the said Edward Brown the husband and the sole executor named in the said Will he having been first sworn duly to administer the said Edward Brown being as the lawful husband of the said deceased entitled to all her personal estate and effects over which she had disposing power and concerning which she is dead intestate