Robert Crickmer of Beccles' will 1841
Paragraphs and puctuation have been added for the sake of clarity
Transcribed by Chris Elsden to whom many thanks
Will of Robert Crickmer of Beccles, Proved in PCC 1841 27th March (PRO Microfilm PROB 11 1942/256 This is the last Will and Testament of me Robert Crickmer of Beccles in the County of Suffolk, Marchant.
First I nominate and appoint my dear wife Arabella Crickmer, William Franklin of Woodton in the County of Norfolk Farmer and Charles Day of Great Yarmouth in the same County, Esquire, Executrix and Executors of this my Will, and I give and devise to them, their heirs and assigns, all that messuage with the Granaries, Outbuildings from the Yard Garden, hereditaments and premises thereto belonging situate in Northgate Street in Beccles aforesaid, and now in my own occupation, and also all that public house with the yard, hereditaments and premises thereto belonging, situate in Northgate Street aforesaid known by the sign of the Marquis of Granby, now in the occupation of Samuel Atmore
And also the house and premises in the occupation of John Woods and all other my Messuages, Lands, Tenements and hereditaments whatsoever and wheresoever, in possession, reversion, remainder or expectancy, or over which I have any general power of appointment of disposition whatsoever, with their rights, members and appurtenances to hold the same hereditaments and real estate unto and to the use of the said Arabella Crickmer ,William Franklin and Charles Day their heirs and assigns for ever upon trust as soon as conveniently may be after my decease to make sale and absolutely dispose thereof by public auction or private contract, with liberty from time to time if deemed expedient, to buy in any part thereof, and to rescind or vary the terms of any contract for sale that may have been entered into, and to convey such parts of the said estate as from time to time shall be sold in such manner as the respective purchasers thereof shall direct.
And I declare that such purchasers respectively shall be exonerated from all responsibility in respect of the application of the purchase moneys, and that every receipt which shall be given by the trustees or trustee for the time being of this my Will for all monies receivable under this my will, shall be a good valid and sufficient discharge for the money which therein or thereby respectively shall be acknowledged or expressed to have been received.
And I further declare that the said trustees or trustee shall stand possessed of the money which shall arise from such sale or sales upon trust in the first place, to deduct all expences which they or he shall have disbursed or incurred in the performance of the aforesaid trusts and to apply the residue of the said money upon the trusts hereinafter expressed of and reinvesting the same, and I hereby declare that such part of my real estate as shall from time to time remain unsold and undisposed of by virtue of the trust hereinbefore contained, and the rents and profits arising therefrom shall be to and for all intents and purposes whatsoever considered and deemed as personal estate.
And I give and bequeath all my parts and shares of ships, or other vessels, as also my share in the Beccles Tontine, together with all my household furniture, corn, grain, hay, live and dead stock, and all other my Personal Estate and Effects of what nature or kind soever and wheresoever of which I may die possessed unto the said Arabella Crickmer William Franklin and Charles Day their Executors Administrators and assigns upon trust to sell or dispose of collect get in and convert into money so much and such parts of the said personal Estate as shall be in their nature saleable, and with full power to purchase in any part of the said personal Estate which shall be offered for sale by Auction
And upon further trust to collect, get in and receive all my book and other debts, with full power to compound and settle the same, and to stand and be possessed of, and interested in all moneys to be raised by such sale or sales, and to be collected and received as aforesaid, And also of all other the said personal Estate and Effects whatsoever, and wheresoever upon the trusts hereinafter declared concerning the same
nevertheless I empower my Trustees to defer the sale and conversion of all or any of my parts or shares of ships, or other vessels, so long as they shall deem it expedient to do so during the life of my said Wife.
And I declare that in the mean time the said trust estate and also the annual income arising from such parts of ships or other vessels shall, from the day of my decease, be secured and considered as personal property for all the purposes of this my Will, althoš any part thereof shall actually remain unconverted
And it is my Will, And I so hereby direct and declare that the trustees for the time being of this my will shall stand possessed of the moneys arising from my real and personal estate hereinbefore directed to be sold and also of all the residue of my said personal estate, upon trust, with and out of the same monies to pay and satisfy or retain all my just debts, funeral and testamentary expences, and all expences incident to the execution of the trusts hereby created
And a Legacy of five pounds a piece to each of them the said William Franklin and Charles Day for their trouble in executing this my Will, and upon further trust to lay out and invest the surplus of the same money in the names or name of my said Trustees or Trustee in or upon the public stocks or funds or Government securities of the United Kingdom or upon mortgage or freehold copyhold or leasehold estates in England or Wales and I declare that the trustees or trustee for the time being of this my Will shall stand and be possessed of the Stocks funds and securities to be purchased by them under the trusts hereinbefore contained and which shall happen to compose part of my residuary personal estate at the time of my decease upon trust from time to time to pay the dividends interest and annual produce arising therefrom together with the income and profits arising from my said parts or shares of ship or vessel until the same shall have been sold or disposed of unto my said Wife or permit her to receive the same ?sum during her life
and immediately after her decease, then as to and converting the said stocks funds and securities and the dividends interest and annual produce thenceforth to arise therefrom In trust for all and every my Child and Children who shall be living at the time of my decease, and who being a Son or Sons shall attain the age of twenty one years, or marry, for the absolute use and benefit of such Child and Children respectively, if more than one in equal shares, as tenants in common.
And in case any one or more of the said Children being a Son or Sons shall die under the age of twenty one years and without lawful Issue, or being a daughter or daughters shall die under that age without having been married, then as to as well the original share or shares of the said trust monies Stocks funds or securities belonging to the Child or Children respectively who shall so die as aforesaid, as also the share or shares thereof to which the same child or children respectively may become entitled under the present trust, In trust for the other or others of the said children, if more than one, to take in equal shares as aforesaid for his her or their own absolute use and benefit
And in case there shall be but one such child In trust for such only Child absolutely Provided always, and I declare that it shall be lawful for the trustees or trustee for the time being of this my Will to apply any part not exceeding one half of the expectant share of each or either of my said Children of and in the said Principal trust money, Stocks, funds and securities during his or her minority in or towards his or her maintenance the duration, benefit, preferment, advancement or establishment in the world, as my said trustees or trustee shall think proper.
Such sum to advanced to be taken as part of his or her share and to be deducted out of the same accordingly, and after the decease of my wife I direct the trustees or trustee for the time being of this my Will to apply the interest of the expectant share of all or any of my said children in and towards their respective maintenance, clothing and education during their respective minorities
And I hereby further declare that when any vacancy shall occur in the office of trustee under this my Will by reason of the death incapacity or resignation of any such trustee, it shall be lawful for the surviving or continuing trustees or trustee for the time being, or if there shall be no such trustee, then for the executors or administrators of the last deceased trustee, to nominate and appoint a new trustee or trustees to supply such vacancy or vacancies respectively, and further that no one or more of the Trustees hereby or hereafter to be appointed shall be answerable for any other or others of them or for any money received under any receipts in which she he or they shall join only for conformity or by any means for involuntary losses, and that every trustee shall be allowed all charges and expences incurred and actually paid by them in the execution of the trusts hereof over and above their said legacies
In Witness whereof I have hereunto set my hand and Seal this twenty eighth day of August one thousand eight hundred and forty
Robert CrickmerSigned, Sealed and declared by the above named Testator as and for his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto set our names as witnesses thereto the word "compose" on the fourteenth line from the bottom of the third sheet hereof having been first written on an erasure and the word "any" between the fourth and fifth lines from the top of the fifth sheet hereof having been first interlined
Proved at London 27th March 1841 before the Judge by the Oaths of Arabella Crickmer Widow the Relict William Franklin and Charles Day the Executors to whom Admon was granted having been first sworn by Commission duly to Administer.