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Description: | Richard Sherbrooke of par. St. Sepulchre, London, esq.
Manor or lordship of Eythorn, Kent, and all his messuages, lands, tenements and hereditaments in Rowston, and capital messuage, in which he now dwells and all his messuages or tenements near or adjoining thereto in or near Cock Lane in par. St. Sepulchre, and his two messuages or tenements in Ship Court in the Old Baily in par. St. Martin, Ludgate: and all his freehold and copyhold messuages, land, tenements etc. at Norwood, Surrey, late the estate of his cousin, Richard Sherbrooke, deceased, to the use of his executors. To be held in trust that they shall pay the rents and profits during the joint lives of testator's niece Mary, wife of John Wilkes,esq., and the said John Wilkes, to his said niece for her sole use or apply it in such other way as they shall think fit, for her sole use and benefit, in such a way that her husband shall not intermeddle in any way. If Mary Wilkes survives her husband then the trustees shall immediately convey all the said property to the use of Mary Wilkes, her heirs and assigns for ever. But if she dies in the lifetime of John Wilkes then the trustees shall be seised of all the said property for the benefit of such persons (other than John Wilkes) and in such manner as Mary alone shall appoint; and in default of such direction or appointment in trust to receive the rents and profits of the property and to apply them or part of them to the maintenace and education of Mary Wilkes (only child of testator's niece Mary by John Wilkes) until she shall reach the age of twenty-one or be married. The surplus of such rents and profits and the interest is to be laid out and invested in government or other securities. This surplus and the interest is to be disposed of in the same way as his personal estate. After Mary Wilkes the daughter reaches the age of twenty-one or is married, then on trust that the trustees shall pay the issues and profits of all the premises as they shall be received during the joint lives of Mary Wilkes the daughter and John Wilkes the father to Mary Wilkes the daughter. If Mary the daughter survives her father and attains the age of twenty-one, then the trustees shall convey all the said premises to the use of Mary Wilkes the daughter, her heirs and assigns for ever. But if she dies in the lifetime of her father, having attained the age of twenty-one, then after her decease, in trust for the benefit of such persons other than John Wilkes in such manner as Mary Wilkes the daughter shall appoint. In default of such limitation in trust for all the children of Mary Wilkes the daughter and their heirs as tenants in common. If there are no children of Mary Wilkes the daughter surviving, then all the premises to be to the use of the testator's cousin, the reverend Henry Taylor, now or late of Portsmouth, clerk, and of his heirs and assigns for ever.
Proviso in case Mary Wilkes the daughter marries with-out her mother's consent.
Personal estate to be disposed as follows.
Debts and funeral charges to be paid first. To the reverend Mr. Picard, the protestant dissenting minister who preaches in Carter Lane £20, and to the reverend Mr. Taylor who preaches there, £10.
To neice Mary Wilkes £20 for mourning.
To Mary Wilkes her daughter £20 for mourning.
To his trustees £100 each, if shall act in these trusts.
Residue of his personal estate to trustees to invest and dispose of as his neice shall appoint during her life and then at their discretion. The trustees to stand possessed in trust to pay the interest which shall become due during the joint lives of his neice Mary and her husband John Wilkes to his niece (if trustees think proper) for her sole and peculiar use so that it may be in no sort liable to the control, debts and engagements of John Wilkes: but if trustees do not think such payment proper, then in trust to pay the interest for the support, use and benefit of his said niece in such way as the trustees think fit. If his niece shall survive her husband, then the trustees shall transfer or assign the residue of such stocks and securities and apply the interest among such person or persons other than John Wilkes, as his neice shall appoint: in default of such appointment, then in trust that the trustees shall stand seised in trust for the benefit of Mary Wilkes, the daughter of testator's neice, and shall lay out the interest in the maintenance and education of Mary Wilkes the daughter until she shall attain her age of twenty-one or be married, and the surplus and interest to be invested in government of other securities, and disposed of in the same way as the residue of the personal estate. After Mary Wilkes attains the age of twenty-one or is married the trustees to stand possessed of the residue of the personal estate upon trust to pay the interest which shall become due after the decease of testator's niece during the joint lives of Mary the daughter and her father John Wilkes, to Mary the daughter: and if she survives her father and reaches twenty-one, then the trustees shall immediately after his death transfer the residue of the estate to Mary Wilkes the daughter, so that it may be at her absolute disposal. But if Mary Wilkes the daughter dies in her father's lifetime, having come of age, then after her decease upon trust for the benefit of such persons (other than John Wilkes) in such manner as Mary Wilkes the daughter to be divided equally between them at their age of twenty-one or marriage. Proviso in case Mary Wilkes the daughter shall marry with-out consent before she attains the age of twenty-one. If there shall be no child of Mary Wilkes the daughter or they all die under the age of twenty-one or unmarried, or if Mary Wilkes the daughter dies before attaining her age of twenty-one years or marriage, then testator bequeathes the residue of his estate, in case no part of it shall be other-wise disposed of by his niece or by Mary Wilkes the daughter, to Samuel Shore, Joseph Paice and William Jacomb or such of them as shall be acting as trustees for their own use. | Subjects: | Country Estates | Temporal: | 17 June 1769 | Source: | Lincolnshire County Council | Identifier: | http://www.lincstothepast.com/Records/Re... | Go to resource |
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