This transcript is published here with permission of the Public Record Office, London. It is published here for the personal use of genuine Family History Researchers, and must not be otherwise reproduced or republished in any way without permission.
PRO Ref: Prob 11/1794
This is the last Will and Testament of me Christopher Fairfoot late of
Camberwell and also late of Kennington both in the County of Surrey and
now residing at Brighton in the County of Sussex Gentleman First I
direct that all my just debts and Funeral expences together with the
charges of proving this my Will be paid and satisfied as soon as
conveniently may be after my decease
I give and bequeath unto
Richard Shortridge of South Shields in the County of Durham Glass
Manufacturer the sum of two hundred pounds
I give and bequeath
unto Caroline Shortridge Ann Shortridge Mary Shortridge and Emma
Shortridge Sisters of the said Richard Shortridge the sum of one
hundred pounds each
I give and bequeath unto John Ellis of
Porter Street Newport Market in the County of Middlesex Leatherseller
the sum of two hundred pounds
I give and bequeath unto Nathaniel [?dormett?] the elder of Camberwell aforesaid Ship Owner the sum of one hundred pounds
I
give and bequeath unto the said Richard Shortridge John Ellis and
Nathaniel [?dormett?] the sum of two hundred pounds Upon Trust that
they the said Richard Shortridge John Ellis and Nathaniel [?dormett?]
or the survivors or survivor of them do and shall lay out and invest
the said last mentioned sum of two hundred pounds in the purchase of
three per Cent Consolidated Bank Annuities in the names of them
my said Trustees or Trustee for the time being and do and shall
stand and be possessed of and interested in the same Stocks or Funds so
to be purchased upon the Trusts and to and for the uses interests and
purposes hereinafter expressed and declared of and concerning the same
(that is to say) upon Trust to receive the dividends interest or annual
produce of the same Stocks or Funds from time to time when and as the
same shall become due and payable and to lay out and invest such
dividends interest or annual produce from time to time as and when the
same shall be received (after payment of all costs and charges relating
thereto in the purchase of the like or other Stocks or Funds in the
names of their the said Trustees or Trustee for the time being and so
from time to time to accumulate the same and the dividends interest and
annual produce of such accumulations in the nature of compound Interest
until Christopher Fairfoot Porrett of Togston in the County of
Northumberland now a minor (son of Henry Porrett of the same place
Farmer) shall attain his age of twenty one years and when and so soon
as the said Christopher Fairfoot Porrett shall attain his age of twenty
one years Then upon Trust to pay over the Stock or Funds in or upon
which the said last mentioned sum of two hundred pounds shall have been
so invested as aforesaid and all accumulations thereof and all the
dividends interest or annual produce then due thereon unto the said
Christopher Fairfoot Porrett for his own use and benefit but in case
the said Christopher Fairfoot Porrett shall depart this life under the
said age of twenty one years The I direct that the said last mentioned
sum of two hundred pounds and all accumulations thereof shall sink into
and become a part of my residuary Estate
And as to all the rest
residue and remainder of my personal Estate consisting of monies in the
public Stocks or Funds of Great Britain France Russia Austria or South
America monies due to me on Mortgages Bonds and other Securities and of
whatsoever other nature or kind the same may be or consist at the time
of my decease (except such specific part or parts thereof as I have by
this my Will or ahsll at any time hereafter by any Codicil hereto give
beqeath or dispose of I do hereby give and bequeath the same and every
part thereof (except as aforesaid) unto the said Richard Shortridge
John Ellis and Nathaniel [?dormett?] their executors and administrators
upon the Trusts and to and for the ends intents and purposes
hereinafter expressed and declared of and concerning the same that is
to say As to for and concerning three full and equal undivided fifth
parts thereof (the whole into five equal parts to be divided upon Trust
that they the said Richard Shortridge John Ellis and Nathaniel
[?dormett?] and the survivors and survivor of them and the executors
administrators and assigns of such survivor do and shall stand and be
possessed of the same three fifth parts or shares and the dividend
interest and annual income to ..... therefrom upon the Trusts following
(that is to say upon Trust that they my said Trustees or Trustee for
time being do and shall pay apply and dispose of a part of the
dividends interest and annual income of the same three fifth parts or
shares in and for the support maintenance education and cloathing of my
natural Son Henry Spence Fairfoot born the twelfth day of January one
thousand eight hundred and sixteen and baptised at the Parish Church of
Saint Mary Lambeth in the County of Surrey on the sixteenth day of
February one thousand eight hundred and sixteen by the name of Henry
Spence Thornhill) and who is now a minor and at School in the Albany
Road Kent Road in the said County of Surrey in the proportions
following that is to say the sum of eighty pounds annually until he my
said natural Son shall attain the age of fifteen years the sum of one
hundred pounds from the time of his attaining the said age of fifteen
years until he shall attain his age of eighteen years and the sum of
one hundred and twenty pounds from the time of his attaining the said
age of eighteen years until he shall attain his age of twenty one years
And upon further Trust that they my said Trustees and the survivors and
survivor of them and the executors administrators and assigns of
such survivor do and shall from time to time lay out and invest the
surplus arising from the dividends interest and annual produce of the
said three fifth parts of my said residuary Estate or of the Stocks
Funds or Securities in or upon which the same may then be placed out or
invested (after payment of the aforesaid annual allowances for the
maintenance education and cloathing of my said natural Son as
aforesaid) in the purchase of three per cent consolidated Bank
Annuities in the hands of them my said Trustees and so on from time to
time to accumulate the same dividends interest annual produce of such
surplus accumulations in the nature of compound interest until my said
natural Son shall attain his said age of twenty one years in case he my
said natural Son shall so long live and when and so soon as he my said
natural Son shall attain his said age of twenty one years Then upon
Trust that they my said Trustees or the survivors or survivor of them
or the executors administrators or assigns of such survivor do and
shall transfer assign and make over one third part of the said three
fifth parts or shares (being equal to one fifth part or share ) of my
said residuary Estate or of the Stocks Funds or Securities in or upon
which the same may be then placed out or invested and also one third
part of all surplus Stock and accumulations thereof and all unapplied
dividends and Interest thereof unto my said natural Son Henry Spence
Fairfoot to and for his own use and benefit and upon further Trust that
they my said Trustees and Trustee for the time being do and shall
from time to time from and after my said natural Son shall have
attained his said age of twenty one years pay the dividends interest
and annual income of the two other thirds of the said three fifth parts
or shares of my said residuary personal Estate and of the Stocks Funds
or Securities in or upon which the same may then be placed out or
invested and also the dividends interest and annual income or the
surplus Stocks Funds and Securities whcih shall have been purchased
with the accumulations aforesaid unto my said natural Son Henry Spence
Fairfoot until he my said natural Son shall attain his age of twenty
five years (if he my said natural Son shall so long live) and when and
so soon as my said natural Son shall have attained his said age of
twenty five years then I direct that they my said Trustees or Trustee
for the time being do and shall transfer assign and make over the said
two other thirds of the said three fifth parts or shares (being equal
to two fifth parts or shares) of my said residuary personal Estate or
of the Stocks Funds or Securities in or upon which the same may then be
placed out or invested and also the said two third parts of the said
Stocks Funds or Securities which shall have ben so purchased with the
accumulations aforesaid and all dividends and Interest then due thereon
respectively unto him my said Son Henry Spence Fairfoot to and for his
own absolute use and benefit and as to for and concerning the other two
fifth parts or shares of my said residuary personal Estate and of the
Stocks Funds or Securities in or upon which the same may then be placed
out or invested as aforesaid I direct that my said Trustees or Trustee
and the survivors or survivor of them and the executors administrators
and assigns of such survivor do and shall stand and be possessed
thereof and of the dividends interest and annual Income thereof upon
the Trusts following that is to say upon Trust to pay apply and dispose
of a part of the dividends Interest and annual income of the same two
fifth parts or shares in and for the support maintenance and education
of my natural daughter Elizabeth Fairfoot born the eleventh day of
August one thousand eight hundred and seventeen and baptised at West
Rownton in the County of York on the same day by the name of Elizabeth
Thornhill and who is now a minor and at School at Darlington in the
County of Durham in the proportions following (that is to say) the sum
of forty pounds annually until she my said natural daughter shall
attain the age of twelve years the sum of sixty pounds thenceforth
until she shall attain the age of sixteen years and the sum of one
hundred pounds thenceforth until he shall attain the age of twenty one
years and upon further Trust that they my said Trustees and Trustee for
the time being do and shall accumulate the surplus of such dividends
interest and annual income to arise from the said two fifth parts or
shares in such or the like manner as is herein expressed declared and
contained with respect to the said dividends interest and annual income
of the other three fifth parts or shares of my said residuary Estate
and teh Stocks Funds or Securities in or upon which the same may be
then placed out or invested and hereinbefore given and bequeathed in
Trust for the benefit of my said natural Son Henry Spence Fairfoot
until she my said natural daughter shall attain the age of twenty one
years and when and so soon as she my said natural daughter shall have
attained the said age of twenty one years Then my Will is and I direct
that the said Richard Shortridge John Ellis and Nathaniel
[?domett/jowett?] and the survivors and survivor of them and the
executors administrators and assigns of such survivor do and shall
stand and be possessed of the said two fifth parts or shares of my said
residuary personal Estate and of the Stocks Funds and Securities in or
upon which the same shall then be placed out or invested and also of
the Stocks Funds and Securities which shall have been so purchased with
the last mentioned accumulations upon the Trusts following that is to
say upon Trust that they my said Trustees and Trustee for the time
being do and shall from and after my said natural daughter shall have
attained her said age of twenty one years thenceforth during her life
pay apply and dispose of the dividends interest and annual proceeds of
the said last mentioned trust funds to such person or persons only and
for such intents and purposes only as she my said natural daughter
Elizabeth Fairfoot whether covert or sole and if married as if she was
sole and unmarried shall from time to time by any writing or writings
signed by her own hand direct or appoint and in default of and until
such direction or appointment into the proper hands of her my said
natural daughter for her sole and separate use and benefit exclusively
of any husband whom she may marry and without being in anywise subject
to his debts control interference or engagements and the receipt or
receipts of her my said natural daughter Elizabeth Fairfoot or of such
person as she shall from time to time direct or appoint to receive the
said dividends interest and annual produce or any part thereof shall
whether she shall be covert or sole be an effectual discharge or
effectual discharges for the money therein mentioned and acknowledged
to be received and from and after the decease of her my said natural
daughter the said last mentioned trust Funds shall remain and be in
Trust for all every the Children or Child of her my said natural
daughter Elizabeth Fairfoot with such provision for their respective
maintenance education and advancement and in such shares and
proportions as my said natural daughter by any deed or deeds writing or
writings with or without power of revocation and new appointment to be
by her sealed and delivered in the presence of and attested by two or
more credible witnesses or by her last Will and Testament in writing or
any Codicil thereto or any writing in the nature of or purporting to be
her last Will and Testament to be by her signed and published in the
presence of and attested by two or more credible witnesses shall from
time to time direct or appoint and so far as any such direction or
appointment if incomplete shall not extend In Trust for all and every
the Children and Child of her my said natural daughter who shall attain
the age of twenty one years and to be divided between or amongst such
Children if more than one in equal shares and proportions as Tenants in
common and if there shall be but one such Child then the whole of the
said last mentioned Trust Funds shall be in Trust for such one or only
Child of her my said natural daughter Elizabeth Fairfoot Provided
always and my Will is that in case my said natural Son Henry Spence
Fairfoot shall die before he shall attain his age of twenty one years
or in case she my said natural daughter Elizabeth Fairfoot shall die
without leaving lawful issue at the time of her death then the share or
shares of him her or so dying as aforesaid shall be forthwith added to
the original part or shares of the survivor of them my said natural Son
henry Spence Fairfoot and my said natural daughter Elizabeth Fairfoot
and shall be transferred assigned and made over in the same manner in
all respects as is hereinbefore mentioned expressed and declared
touching his or her original shares of my said residuary Estate
Provided always and my Will further is that if my said natural Son
Henry Spence Fairfoot shall die before attaining his said age of twenty
one years and she my said natural daughter Elizabeth Fairfoot shall die
without leaving lawful Issue then and in such case I do hereby give
bequeath and dispose of my said residuary personal Estate in manner
following (that is to say) I give and bequeath thereout unto Henry
Spence late of West Rownton aforesaid (but now in London) Brother of
Frances Thornhill (formerly Frances Spence) now deceased the sum of two
hundred pounds I also give and bequeath thereout unto Sarah Spence
(sister of the said Henry Spence) now also in London the like sum of
two hundred pounds I also give and bequeath thereout unto Mary Ann
Thornhill the lawful daughter of the said Frances Thornhill deceased
the like sum of two hundred pounds to be paid to her the said Mary Ann
Thornhill with lawful interest thereon from the time of the decease of
the survivor of my said natural Children when she the said Mary Ann
Thornhill shall attain her age of twenty one years and after payment or
providing for payment of the said three several last mentioned legacies
to the said Henry Spence Sarah Spence and Mary Ann Thornhill and
subject thereto I give and bequeath the remainder of my said residuary
personal Estate unto Joseph Stratford of Sunderland in the County of
Durham Miller Hannah Lee (wife of Mr [blank] Lee of Sunderland
aforesaid Farmer) Sister of the said Joseph Stratford Joseph Porrett of
Togston in the County of Northumberland Farmer and my Godson the said
Christopher Fairfoot Porrett to be divided between and amongst them or
the survivors of them share and share alike and I do hereby give and
bequeath unto my said two natural Children Henry Spence Fairfoot and
Elizabeth Fairfoot all my plate and Linen equally to be divided between
them on their respectively attaining the age of twenty one years and in
case of the death of either of them before attaining the said age of
twenty one years then I give and bequeath the whole of my Plate and
Linen unto the survivor of them my said natural Children for his or her
own use and benefit and I do hereby give and bequeath unto my said
natural Son Henry Spence Fairfoot all my books to be delivered to him
when he shall attain his age of twenty one years and if he shall die
before attaining that age I give and bequeath all such Books to my said
natural daughter Elizabeth Fairfoot and I give devise and bequeath all
the Estates vested in me upon any Trusts or by way of Mortgage and
which I have power to dispose of by this my Will with their
appurtenances unto the said Richard Shortridge John Ellis and Nathaniel
[?dormett?] their heirs executors administrators and assigns according
to the nature and quality thereof respectively upon Trust to hold or
disposse of the said Trust Estates in the manner in which they ought to
be held or disposed of pursuant to the said Trusts and upon payment of
the money secured on Mortgage to convey surrender or assign the Estates
in Mortgage to the person or persons entitled thereto for the time
being and I declare that the money secured upon such Mortgages shall be
considered and taken as part of my personal Estate Provided always and
my Will is that in case either of them the said Richard Shortridge John
Ellis and Nathaniel [?dormett?] or any new Trustees to be appointed
under this present provision shall depart this life or be desirous of
being discharged from the aforesaid Trusts or shall neglect or refuse
or become incapable or unfit to act in the said Trusts then and in that
case and as often as the same shall happen it shall be lawful to and
for the acting Trustee or Trustees or the executors or administrators
of the last acting Trustee and I do hereby authorise and require him
and them to nominate and appoint any other fit person or persons to be
a Trustee or Trustees respectively in the place or stead of the Trustee
or Trustees so dying desiring to be discharged or refusing or
neglecting or becoming incapable or unfit to act as aforesaid and that
immediately after such appointment as aforesaid the Trust Funds which
under and by virtue of this my Will shall have been vested in the said
Trustee and Trustees shall be assigned or transferred in such manner as
that the same may become vested in such new Trustee or Trustees jointly
with the surviving or continuing acting Trustee or Trustees or solely
in such new Trustee or Trustees as the case may require and in his her
or their executors or adm[inistrat]ors upon the Trusts hereinbefore
expressed and declared of and concerning the same and that every such
new Trustee or Trustees shall have and may exercise the same powers
over my said Trust Estate and of giving effectual receipts and
discharges and all other powers and authorities as if or they or any or
either of them had been personally named and appointed in this my Will
Provided always and I do hereby further declare and direct that it
shall and may be lawful for the said Trustee or Trustees for the time
being and at any time and from time to time when and as often as he and
they shall think it expedient or adviseable to sell transfer and
dispose of or vary all or any of the funds and Securities whereupon the
said Trust monies shall at any time or times be laid out or invested
and to lay out or invest the money to arise at or from any such Sale
transfer or disposition in the purchase of other or the same or like
Stocks or Funds in or upon other Government or real Securities in the
joint names of them my said Trustees or Trustee for the time being and
also that such new and other Stocks Funds or Securities as aforesaid
shall stand or be in the name or names of such Trustee or Trustees for
the time being and the dividends interest and annual produce thereof
and of every part thereof shall be applicable and applied upon and for
such and the same Trusts ends intents and purposes as are hereinbefore
expressed and declared of and concerning the original Trust Funds
Provided also and I hereby further declare and direct that the
said Trustees hereby nominated and appointed and the Trustee and
Trustees to be appointed by virtue of the provision hereinbefore
contained and every of them and their and every of their heirs and
executors and adm[inistrat]ors shall be charged and chargeable only for
such monies as the said Trustees respectively shall actually receive
notwithstanding he she or they shall or may give or sign or join in
giving or signing any receipt or receipts for the sake of conformity
nor shall they or any or either of them be answerable or accountable
for the other or others of them but every of them for his or their own
acts deeds receipts neglects and defaults nor shall they or any or
either of them be answerable or accountable for any Banker Broker or
other person unto whose hands any part of the Trust Premises may be
deposited or for any person employed by or acting bona fide under them
nor for any misfortune loss or damage that may happen to the said Trust
Premises or any part thereof in the execution of the aforesaid Trusts
except the same shall happen by or through his or their wilful neglect
or default and also that it shall and may be lawful to and for the said
Trustees appointed by this my Will and such future Trustee and Trustees
to be appointed as aforesaid and every of them and every of their heirs
executors and administrators by and out of the Trust monies which shall
come to his and their respective hands by virtue by virtue (sic) of the
Trusts aforesaid to retain and reimburse himself and themselves
respectively and also to allow to his or their Co Trustee or Co
Trustees all costs charges and expences and fees to Counsel and others
for advice which they or any or either of them shall pay incur or be
put unto in or about the execution of the aforesaid Trusts or in
relation thereto And I do hereby appoint the said Richard Shortridge
John Ellis and Nathaniel [?dormett?] Executors of this my last Will and
Testament and I do hereby as far as lawfully I have the power to do
appoint the said Richard Shortridge John Ellis and Nathaniel
[?dormett?] Guardians of my said natural Son and daughter the said
Henry Spence Fairfoot and Elizabeth Fairfoot earnestly recommending
them my said Children and their interests to the special care and
protection of my said executors as objects of my particular affection
and regard and I do hereby revoke all Wills by me heretofore made and
do declare this only to be my last Will and Testament In Witness
whereof I the said Christopher Fairfoot the Testator have to the first
eight sheets of this my last Will and Testament contained in nine
sheets of paper set my hand and to this ninth and last sheet thereof my
hand and seal this third day of december in the year of our Lord one
thousand eight hundred and thirty Chris Fairfoot
Signed
sealed published and declared by the said Christopher Fairfoot the
Testator as and for his last Will and Testament 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 W B Heath Jno
Nettleship Alfd Laing
This is a Codicil to the last Will and
Testament of me Christopher Fairfoot late of Camberwell and also late
of Kennington both in the County of Surrey and now of Brighton in the
County of Sussex gentleman which I duly made and published and which
bears ... date on the third day of december one thousand eight hundred
and thirty I do hereby revoke the Legacy or bequest of two hundred
pounds by my said Will given and bequeathed unto Richard Shortridge
John Ellis and Nathaniel [?dormett?] my Trustees therein named upon
certain Trusts therein expressed for the benefit of Christopher
Fairfoot Porrett of Togston in the County of Northumberland (a minor)
son of Henry Porrett of the same place Farmer I do hereby also revoke
the bequest of the remainder of my residuary personal estate by my said
Will in certain events therein mentioned given and bequeathed unto
Joseph Stratford of Sunderland in the County of Durham Miller Hannah
Lee Wife of Mr Lee of Sunderland aforesaid Farmer (sister of the said
Joseph Stratford) Joseph Porrett of Togstone in the County of
Northumberland Farmer and my Godson the said Christopher Fairfoot
Porrett and I do hereby expressly declare my Will and mind to be that
neither the said Christopher Fairfoot Porrett in respect of the said
first mentioned lagacy or bequests nor the said Joseph Stratford Hannah
Lee Joseph Porrett and Christopher Fairfoot Porrett in respect of the
said last mentioned bequest of my said residuary personal Estate in the
events mentioned in my said Will shall nor shall any or either of them
take any benefit whatsoever therein or thereto respectively or in or to
any part of my personal Estate under any pretence or color of ....
whatsoever and I do hereby confirm my said Will in all other respects
In Witness whereof I have hereunto set my hand and seal this twelfth
day of November in the year of our Lord one thousand eight hundred and
thirty one Chris Fairfoot
Signed sealed published and
declared by the said Christopher Fairfoot the Testator as and for a
Codicil to his said last Will and Testament 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 Thos Webster Wm Wright
This
is a second Codicil to the last Will & Testament of me Christopher
Fairfoot late of Camberwell and also late of Kennington both in the
County of Surrey and now of Brighton in the County of Sussex Gentleman
which I duly made and published and which bears date the third day of
december one thousand eight hundred and thirty I give and devise all my
Freehold and Copyhold Estates whatsoever and wheresoever unto the
Trustees and Executors named in and appointed by my said Will and to
their heirs upon Trust to sell the same Estates at such time and in
such manner as they shall think fit and I direct that the money to
arise from such sale shall fall into and be considered as part of my
residuary personal Estate and be held and applied by my said Trustees
and Executors for the benefit of my two natural Children who are named
in my said Will in the proportions in which I have bequeathed my said
residuary personal Estate In Trust for them and I declare that the
receipts of my said Trustees and Executors for the purchase monies for
my said Freehold and Copyhold Estates shall be good and sufficient
discharges to the purchasors thereof and that such purchasors shall not
be bound to see to the application or be answerable for the
misapplication thereof In Witness whereof I have hereunto set my hand
and seal this thirteenth day of November in the year of our Lord one
thousand eight hundred and thirty one Chrisr Fairfoot Signed sealed
published and declared by the said Christopher Fairfoot the testator as
and for a Codicil to his said last Will and Testament 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 Alex Russell John
William Webster Wm Wright
Proved at London with two Codicils
13th January 1832 before the Worshipful Jesse Addams doctor of Laws and
Surrogate by the Oaths of John Ellis and Nathaniel [?dormett?] Esquires
two of the Executors to whom adm[inistrati]on was granted having been
first sworn duly to administer Power reserved of making the like grant
to Richard Shortridge the other Executor when he shall apply for the
same
transcript
Dave King, published 7.6.2010