This is a transcript of a
copy will from the Will Registers of The Prerogative Court of
Canterbury (PROB 11), which are preserved at The National Archives, London.
Copyright of this transcript remains with Dave King, and it must not be reproduced or republished without prior permission.
Ref: PROB 11/2204/69
This is the last Will and Testament of me Elizabeth Fairfax of
New Street Dorset Square in the parish of Marylebone in the County of
Middlesex Widow
I direct that all my just
debts funeral and testamentary expences be paid and satisfied by my
executors hereinafter named as soon as conveniently may be after my
decease I give and bequeath all my wearing Apparel Piano Forte Plate
Watch Jewels and Trinkets unto my daughter Mary Prissick Fairfax
absolutely
And I also give and bequeath all the furniture
linen china glass books prints Pictures and other household effects of
which I shall die possessed except the wearing apparel Plate Watch
jewels and Trinkets hereinbefore given to my said daughter Mary
Prissick Fairfax unto my son William Eugene Gower absolutely
I give and devise my two freehold houses situate and being nos 8 and 9 Union Street Whitechapel in the said County of Middlesex with the Appurtenances thereunto belonging unto and to the use of my said son William Eugene Gower his heirs and assigns absolutely for ever
I also give and devise my freehold houses situate and being Nos 10 and 11 Union Street aforesaid with their appurtenances unto and to the use of my said son William Eugene Gower and my friend Mary Ann McSwiney of Howard Street Strand in the said County of Middlesex their heirs and assigns upon the trusts following that is to say upon trust in the first place to pay and apply the rents and profits thereof or a sufficient part thereof for and towards the maintenance education and support of my said daughter Mary Prissick Fairfax in such manner as they my said trustees shall think best and accumulate the residue or surplus if any of such rents and profits and invest the same from time to time in the Public Stocks or Funds until my said daughter shall attain her age of twenty one years or marry under that age with the consent of her Guardians for the time being and when and so soon as she shall attain her age of twenty one years or marry under that age with such consent as aforesaid then upon trust to pay the same rents and profits and also the dividends of the said accumulations if any unto or permit the same to be received by my said daughter Mary Prissick Fairfax for and during the term of her natural life for her sole and separate use independently and exclusively of any husband with whom she may inter marry and free from his debts control interference and engagements but so nevertheless that she my said daughter shall not have power to deprive herself of the benefit thereof by any disposition thereof by sale charge mortgage or otherwise in the way of anticipation and that her sole receipt notwithstanding coverture shall alone be good and effectual discharge for the same yearly rents profits dividends and income and from and after the decease of my said daughter then I hereby declare and direct that my said trustees shall stand seized and possessed of the hereditaments and premises hereinbefore given to her and the rents profits dividends and income thereof In trust for all and every or such one or more of the children of my said daughter as she shall by her Will direct or appoint and in default of such direction or appointment and so far as the same shall not extend In trust for all and every the children and child of my said daughter who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age with the consent of her or their Guardians or Guardian if more than one in equal shares and if there shall be but one such child the whole to be in trust for such one child And I hereby further declare my Will to be that if there shall be no child of my said daughter who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry under that age with such consent as aforesaid then after the decease of my said daughter and such default or failure of her issue as aforesaid which shall last happen my said trustees shall stand seized and possessed of the said hereditaments and premises hereinbefore given and devised to or for the benefit of my said daughter and the yearly rents profits devidends and income thereof In trust for my said son William Eugene Gower his heirs and assigns absolutely for ever Provided always and I hereby declare my Will to be that notwithstanding the trusts hereinbefore declared in favor of the children of my said daughter it shall be lawful for my said daughter when married and notwithstanding her coverture by her Will to direct or appoint that all or any part of the yearly rent profits dividends and income of the aforesaid trust estates and premises hereinbefore devised to or for the benefit of my said daughter shall immediately from and after her decease be paid to her husband during his life or for any less period
and whereas under or by virtue of the settlement made upon my marriage with my late husband Robert Fairfax I am entitled to the dividends of one thousand pounds three pounds per cent Reduced Bank Annuities standing in the names of the trustees of the said settlement for my life and from and after my decease it is by the said Settlement declared that two tenths of the said sum of one thousand pounds three pounds per cent Reduced Bank Annuities shall go in such manner as I shall by Will appoint and that the remaining eight tenths thereof shall go to my said son William Eugene Gower absolutely
And whereas by a certain Indenture dated the fifth day of October one thousand eight hundred and forty six made between my said son of the one part and myself of the other part the reversionary interest of my said son of and in the said sum of one thousand pounds three pounds per cent Reduced Annuities is assigned to me for securing the repayment of the sum of seven hundred and twenty pounds and interest Now I give and bequeath the said sum of seven hundred and twenty pounds secured by the said Indenture of mortgage as aforesaid as also the said two tenths of the said sum of one thousand pounds three pounds per cent Reduced Bank Annuities and all other my right and interest of and in the said sum of one thousand pounds three pounds per cent Reduced Bank Annuities as well under the said Indenture of Settlement as the said Indenture of mortgage or otherwise howsoever and the dividends interest and income thereof unto my said son William Eugene Gower and the said Mary Ann McSwiney their executors administrators and assigns upon trust to pay the dividends interest and annual proceeds arising from such investment as aforesaid unto my said daughter Mary Prissick Fairfax for her separate use for her life in the same manner and with the same powers and authorities of appointment in favor of a husband and children and in default or failure of issue with such benefit of remainder to my said son William Eugene Gower and with such conditions and restrictions as are hereinbefore mentioned and declared of and concerning the freehold hereditaments and premises hereinbefore given and devised to or for the benefit of my said daughter or as near thereto as the nature of the property and circumstances will allow Provided
and I hereby further declare my Will to be that notwithstanding the trusts hereinbefore declared of the said last mentioned stocks funds and securities it shall be lawful for my said trustees in case my said daughter Mary Prissick Fairfax shall marry upon the request of my said daughter in writing for that purpose notwithstanding coverture to lend and advance to her said husband such part of the said trust funds and securities and the dividends and interest whereof my said daughter shall or may be then entitled under the trusts hereinbefore declared not exceeding one half thereof as to such request shall be mentioned upon the security of the Bond of such husband And as to all the rest residue and remainder of my real and Personal Estate whatsoever and wheresoever and of what nature of kind soever I hereby give devise and bequeath the same unto and to the use of my said son William Eugene Gower his heirs executors administrators and assigns absolutely for ever
And I hereby direct and empower my said trustees to let or demise the said trust estates and hereditaments hereinbefore given and devised to or for the benefit of my said daughter for any term not exceeding twenty one years in possession but not in reversion at the best rent they can obtain for the same without receiving any fine premium or foregift subject to such covenants and conditions as my said trustees shall think reasonable and generally to manage and direct all the affairs and concerns of the said trust estates hereditaments moneys and premises in such manner as my said trustees shall judge most advisable And I declare that if my said trustees or any of them or any trustees or trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the trusts of my Will it shall be lawful for the surviving continuing or acting trustees or trustee during the minority of my said daughter and afterwards for her my said daughter during her life and after her death for the competent accepting trustees or trustee for the time being if any whether retired from the office of Trustee or not or if none for the executors or administrators of the last deceased truste to substitute by any writing under their or his hands or hand any person or persons in whom alone or as the case may be jointly with any surviving or continuing trustees or trustee my trust estate and premises shall be vested And I exempt every trustee of my Will from liability for losses occurring without his own wilful default and authorize him to retain and allow to his co-trustees or Co-trustee all expences incidental to the trusteeship And I declare that the powers and authorities hereinbefore vested in the trustees herein named shall be exercisable by the trustees or trustee for the time being of my Will
I hereby give and
bequeath unto the said Mary Ann McSwiney the sum of one hundred pounds
for the trouble she will have in the execution of the trusts hereby in
her reposed And I nominate and appoint my said son William Eugene Gower
and the said Mary Ann McSwiney Executor and Executrix of this my Will
and guardians of my said daughter Mary Prissick Fairfax during her
minoroty And hereby revoking all former and other Wills by me at any
time heretofore made I declare this to be my last Will and Testament In
Witness whereof I have to this fifth day of December one thousand eight
hundred and fifty - Elizth Fairfax
Signed and acknowledge by the
said Elizabeth Fairfax the Testutrix as and for her last Will and
Testament in the presence of us both being present at the same time who
at her request in her presence and in the presence of each other have
hereunto subscribed our names as witnesses - W C J Tucker Solr Sun
Chambers Threadneedle Street City - John Tucker Solr Sun Chambers
Threadneedle Street City
Proved at London 6th Jany 1855 before
the Worshipful James Parker deane doctor of Laws and Surrogate by the
Oaths of William Eugene Gower the son and Mary Ann McSwyney (in the
Will written McSwiney) Spinster the executors to whom Admon was granted
having been first sworn duly to Administer
transcript
Dave King, published 28.01.2017