Will of Thomas Compere Bosworth

Written 4 February 1832, Probated 14 November 1833

Notes and Sources are contained in end notes. To read them as you proceed, click on note numbers within the text.

We have retained as near as possible the spelling found in the original document; and words which are our best guess are followed by [?]. The lines are broken as in the original.

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24 March 2006
This is the last Will and Testament
of me Thomas Compere Bosworth Bedford Terrace Clapham Rise in the County of Surry
Gentleman In the first place I will and direct that all my just debts and my funeral and
Testamentary expences be paid by my Executors hereinafter named out of my real and personal
Estate as soon after my decease as conveniently may be In the next place I give and bequeath
unto my Sister Elizabeth Wife William Isaac of Seymour Place Walworth in the County of Surry
the sum of three hundred pounds to be paid to her within three calendar months next after
my decease and her receipt notwithstanding her CovertureNote 1 shall be a sufficient discharge for the
same but this bequest shall be not be construed to release satisfy or extinguish any debt which
may be owing to me from the said William Isaac to the time of my decease and I further
direct that in case my said Sister Elizabeth Isaac shall have died in my life time then
the said legacy of three hundred pounds hereby given to her shall go to and be divided equally
between her two children Elizabeth Blount Isaac and Thomas Isaac or if one of them only
shall be living at my decease to such one And I give unto my dear wife Ellen Bosworth
all my plate plates articles Books prints pictures linen china Glass wines liquors wearing
apparel furniture and household Effects of every sort and description whatsoever for her own use
and the sum of one hundred pounds for her immediate occasions to be paid to her in one
month after my decease and I give and devise my freeholdNote 2 messuageNote 3 or tenement with the
lands buildings and appurtenances thereto belonging situate at Husbands Bosworth in the County
of Leiscester and all the rest residue and remainder of my real Estate and Effects whatsoever
and wheresoever (other than and except my CopyholdNote 4 property hereinafter mentioned[)] unto and
to the use of my said wife Ellen and good friends William Dent of Dorset Place Clapham
Road in the County of Surry Wine Merchant and John Harbusch Davidge of Clapham Rise
in the same County Gentleman their heirs and assigns for ever (subject nevertheless and
expressly charged and chargeable with the payment of the mortgage now subsisting thereon or
on some part thereof and which mortgage notwithstanding the same was created by my father
and not by myself I hereby expressly declared and direct shall as between my own representative
and the heirs Executors and administrators of my said father be deemed and taken to be a
debt payable by me and shall be payable and paid out of my Estate and Effects in exoneration
and discharge of any present or future claim or demand on the real or personal Estate or
Effects of my said father in respect of such mortgage) upon trust nevertheless that they my
said trustees or the Survivors or Survivor of them his heirs or assigns or other the trustee
or trustees for the time being acting in execution of the trusts declared by this my will with
respect to my real Estate do and shall as soon after my decease as he or they in his or their
discretion shall think fit make sale and absolutely dispose of my real Estate hereby devised
to them as aforesaid with the appurtenances and I hereby will order direct and appoint
authorize and empower my said Wife and the said William Dent and John Harbusch Davidge
or the Survivors or Survivor of them or the heirs or assigns of such Survivor or other the
person or persons in whom my real Estate above devised shall for the time being be
vested upon the trust of this my will and who shall acting in such trusts so bargain
sell and dispose of my Copyhold messuage or tenement with the Barn Outbuildings and for[ty]
acres of land or thereabouts thereunto belonging situate at Cranham in the County of Essex
and all other my Copyhold and Customary Estate whatsoever such sale or sales of my real
Estate whether freehold of Copyhold to be either by public auction or by private contract in
the best price that can be reasonably obtained for the same respectively with power from time
to time to buy in and afterwards resell the same Estates without being answerable for any
loss thereby arising and to convey and assure the same when so sold to the purchaser or
purchasers thereof respectively his or their heirs or assigns or as be or they shall
direct and appoint and for that purposes it shall be lawful to and for my same trustees
or trustee for the time being to make enter into and execute all such covenants contracts
grants surrenders conveyainces and assurances as t him or them shall seem reasonable and I hereby
declare my will to be that the person or persons who shall become the purchaser or
purchasers of all or any part of my said real Estate whatsoever freehold or Copyhold and shall pay
his or their purchase money for any part thereof unto my said trustees or trustee or the
trustees or trustee for the time being acting in Execution of the trusts or powers of this my
will relating to my real Estate shall not be obliged to or to the application or be answerable
or accountable for the loss misapplication or nonapplication of the same money or any part
thereof and that all receipts which shall be given by such trustees or trustee for the said
purchase money or any part thereof or for the rents or profits thereof for the time being shall
be good and sufficient discharge for that sum or sums of money which therein or thereby shall
or expressly or acknowledged to be or to have been received and I hereby direct and declare that
the trustees or trustee for the time being of this my will their or his Executors adm'ers and
assigns shall stand and be possessed of and interested in the monies to arise and be produced
from of by the sale of my said freehold and Copyhold Estate and of and in the rents and
profits thereof respectively in the mean time till such sale after paying and discharging all the
costs charges and expences of or relating to the sale and disposal thereof or otherwise relating
to the execution of the trusts or powers hereby declared or conferred upon and for such and
the same trusts as are hereinafter declared concerning the residue of my personal Estate and
as part thereof and I hereby give and bequeath all the rest residue and remainder
of my personal Estate and Effects whatsoever not hereinbefore otherwise disposed of unto my
said Wife and the said William Dent and John Harbusch Davidge upon trust that they my
said trustees or the survivors or survivor of them their or his Executors administrators or
other the trustees or trustee for the time being acting in execution of the trusts of my
personal Estates do and shall as soon as conveniently may be after my decease sell dispose
of and convert into money all such parts of my property as shall not consist of money or
government or real securities for money and receive collect and get in all monies due to me
and lay out and invest the money to arise or be produced by such sale and collection and
also my ready money or so much thereof as my trustees or trustee shall not think it
necessary to retain for the purposes of this my will in their his or her own names or
name in or upon any of the parliamentary or public stocks or funds of Great Britain or at
Interest upon Government or real securities and do and shall from time to time alter sam[e]
and change the same securities as well as all such stocks funds and securities as shall
stand in my name at the first of my decease either as occasion shall be or require or as
my trustees or trustee for the time being shall think fit and do and shall appropriate
and set apart in their or his names or name the sum of three thousand pounds sterling
part of my said personal Estate and do and shall stand and be possessed of the same own
or the stocks funds and securities in or upon which the same shall be from time to time
invested and of and in the dividends interest and income thereof upon trust that they or
he do and shall during the natural life of my said wife provided she shall so long
continue my widow pay the dividends interest and income of the same But in case my said
wife shall marry again then do and shall from and after such second marriage pay these
dividends interest and income of the sum of two thousand sterling only part of the
said sum of three thousand pounds or the stocks funds or securities upon which the same
sum of two thousand pounds shall be from time to time invested as and when the same
shall from time to time become due and be received unto such person or persons to whom
my said wife shall by any not or memorandum in writing under her hand notwithstanding
any coverture appoint the same or any part thereof being then actually but to be
pa[id] but so that she may not anticipate assign charge or incumber the said dividends
interest and income or the Growing payments thereof or of any part thereof and for want
or in default of any such appointment do shall pay such dividends interest and
interest as and when the same shall become due into the proper hands of my said wife
for her separate use independently of any husband she may marry and so as not to be
subject or liable to his debts contracts forfeitures or engagements and the receipt or receipts of
herself not withstanding any coverture or of her appointee or appointees thereof when due as
aforesaid shall be good discharges to my trustees or trustee for the same dividends interest
and income and as to and concerning the said sum of one thousand pounds part of the
said sum of three thousand pounds or the stocks funds and securities upon which the same
shall be invested in case my said wife shall marry again from and immediately after
such second marriage upon and for such further trusts intents and purposes are
hereinafter declared or contained concerning the general residue of my personal Estate and
as to and concerning the whole of the said sum of three thousand pounds from and after
the decease of my said wife in case she shall continue my widow or case she shall marry again then as to the sum of two
thousand pounds only part thereof or the Securities for the same sums respectively from
and after the decease of my said wife do and shall stand and be possessed of and
interested in the same and the dividends interest and income thereof upon trust for all
and every or such one or more exclusion of any other or others of my children in such
parts shares and proportions at such time or times and in such manner and form and with
under and subject to such powers provisors conditions and extentions as my said wife by her last
Will and Testament in writing or any codicil or [obliterated] codicils thereto or any writing or
writings in the nature of or purporting to be her last Will and Testament or any codicil or
codicils thereto shall notwithstanding any coverture direct limit or appoint and in default of
such direction limitation or appointment and so far as any such not extend and subject thereto
do and shall stand possessed of the same upon and for the further trusts intents and
purposes hereinafter declared concerning the general residue of my Estate and do and shall
further appropriate and set apart out of my said personal Estate the sum of two thousand
pounds in their or his name or names and do and shall stand and be possessed of and
interested in the same or the stocks funds and securities upon which the same shall be
invested upon trust to pay the dividends interest and income thereof as and when the same
shall become due and payable unto my Mother Mary Bosworth or her assigns for the term
of her natural life and from and after her decease do and shall stand and be possessed of the
principal thereof as part of the residue of my personal Estate and as to all the net residue
and Remainder of my personal Estate subject and without prejudice to the several provisions and
disposition hereinbefore made thereof or of any part thereof and as when and as the same
and the several estates rights and interests hereby stated or limited shall and fail or
determine do and shall stand be possessed thereof upon trust by and out of the
dividends interest and produce thereof to pay unto John Ellis of East Farndon in the County
{of Northampton Farmer an annuity or clear yearly sum of six pounds by equal half yearly
{[In margin: Origl. as] payments on the twentieth day of January and twentieth day of July yearly during the term
{of his natural life the first payment to be made on the said day of July such of those days as shall happen
next after my decease and subject and without prejudice thereto do and shall stand possessed of
the said residue of my said Effects upon trust for the child of only one or if more than one
then for all and every of my present and future children to be divided among them if more
than one in such manner and proportion that the share which each of my children being
a Son shall take of and in the same residue shall bear to the share which each of my
children being a Daughter shall take the proportion which three bears to two and so that the
shares of each of my Sons if more than one may be equal one to the other and the share
of my daughters if more than one may likewise be equal one to the other the same to
become and be a vested interest or vested interests in each of my children being a Son on his
attaining the age of twenty one years and in each of my being a daughter on her
attaining that age or being married which ever of such events as to each of them respectively
shall first happen and to be payable and paid assigned and transferred to him or her respectively
as soon after he or she respectively shall have attained such vested interest and also as to
such parts thereof as are hereinbefore given to my Wife and Mother for partial interest
therein as soon after the determination of their respective Estates and Interests as conveniently
may be and with benefit of Survivorship between and amongst my said children if more
than one as well as to their original as any accruing or surviving share or shares in the
event of any one or more of them departing this life without having attained a vested
interest or vested interests in the said trust funds but so nevertheless that any such surviving
or accruing shares shall always be divided among the survivor or survivors of my said children
entitled thereto in the same manner and proportions as are hereinbefore directed respecting their
original shares respectively provided always and I hereby further direct and declare that my
trustees or trustee for the time being do and shall subject and without prejudice to the life
or other Estates or interests hereinbefore given to my said Wife and Mother respectively and to
the said annuity in the mean time and until the shares of my said children of and in the
aforesaid trust monies stocks funds and securities shall respectively become vested by virtue
of this my will pay and apply the dividends interest and annual income arising from the
share or expectant share of each of my said children respectively or a competent part thereof
in or towards his or her respective maintenance and education in such manner as my trustees
or trustee for the time being shall think fit and do and shall from time to time lay out and
invest so much of the dividends interest and annual income of the share of each such child
as shall not be applied for his or her maintenance or education by virtue of this my will
in or upon such stocks funds and securities as are hereinbefore subutioned with like power to vary
the same and do and shall cause and permit the accumulate and I direct that
such accumulations shall belong to and be in trust for the person or persons who shall
eventually be entitled to the share or shares from whom the same shall have arisen or
proceeded and I further will and direct that it shall and may be lawful to and for my
said trustees or trustee for the time being at any time or times hereafter subject and without
prejudice to the life or other Estates and Interests hereby given to my said Wife and Mother
respectively in their or his discretion to pay and apply any part not exceeding one half of the
principal of the share or expectant share of any or either of my said children of or in the
aforesaid trust monies stocks funds and securities in for or towards the prossement benefit and
advancement in the world of such child or children respectively in such manner as my
trustees or trustee for the time being shall think proper or necessary notwithstanding the share
or shares of such child or children respectively shall not then have become vested or payable
provided always and I hereby further direct and declare that no child or children taking any
share or portion of any property under or by virtue of any exercise of the power of appointment
hereinbefore given to my said wife shall (unless the ? shall be expressly declared in or
by such appointment) be entitled to any further or other share of my property for want
or in default of any such appointment as aforesaid without bringing his her or their
apportioned share or shares into hotchpotNote 5 and accounting for the same accordingly And I hereby
further direct and declare that the [rest of the line is unintelligible]
? bequests and provisions hereby made for my said wife shall be and be accepted by her in
? bar recompense and full satisfaction of and for all and alls manner of Dower right and
lieu of Dower thirds and freebenthNote 6 either at common law by custom or otherwise to which
she can shall or may be entitled out of or in all or any of the freehold copyhold and
customary messuages lands tenements and hereditamentsNote 7 of or to which at any time in my life
I shall or may have been azisedNote 8 or possessed for any Estate of Inheritance or to which dower
or freebenth is incident and I hereby appoint my said wife and the said William Dent and John
Harbusch Davidge to be Executors of this my will and appoint them and the survivors and
survivor of them to be the Guardians and Guardian of my said children and I hereby declare
that it shall and may be lawful to and for my said trustees or trustee for the time being
acting in the Execution of the trusts of my said freehold and copyhold estate in the mean
time until sale of my said freehold and copyhold estates to make or grant any lease or leases
demise or demises of my said freehold and copyhold messuages lands and hereditaments or any
of them for any term of years not exceeding fourteen years from the time of making or
granting the same so as every such lease or leases shall be made by Indenture and at the
last rent that can be reasonably obtained for the same without taking any fine premium
or foregiftNote 9 for making or granting the same provided always that in case any or either of
my said trustees or any trustee hereafter to be appointed by virtue of this my will shall
die or go beyond Seas for permanent residence or acchiseNote 10 or become incapable to act in the
trusts hereby reposed then and so often it shall be lawful to and for the Surviving or
continuing trustees or trustee or the Executors or adm'ers of the last surviving or continuing
trustee by any deed or deeds to be executed by him or them in the presence of and attested
by one credible witness or more to appoint any now trustees or trustee in the room of the
trustee or trustees as dying departing declining or becoming incapable to act and thereupon all
the aforesaid trust Estate monies securities and property shall be forthwith conveyed assigned
and transferred to and vested in such new trustee or trustees jointly with the Surviving or
continuing trustee or trustees or in such new trustee or trustees solely as occasion shall
require and their respective heirs Executors administrators and assigns upon the trusts aforesaid
and every such new trustee shall have the same powers and authorities as the trustee in
whose room he shall be so appointed and I hereby further direct that it shall be lawful to and
for my said trustees to adjust and settle all accounts between me and any person or persons
with whom I may have any accounts or reckonings depending and unsettled and to allow any
Item or Items thereof upon such Evidence as he or they shall think proper to admit and
further that all my trustees hereby appointed and to be appointed and their respective heirs
Executors and administrators shall and may by and out of the trust Estate monies and
premises which shall come to their hands respectively by virtue of this my will deduct
retain and reimburse to themselves and himself respectively and pay and allow to each
other all such costs charges and expences as he she or they respectively shall be put unto
in or about the execution of the aforesaid trusts or in any wise relating thereto and that
none of them shall be answerable or accountable the other or others of them or for
the acts neglects receipts or defaults of the other or others of them nor for any Banker Broker
collector or agent nor for any more monies than shall actually come to their hands respectively
by virtue of the aforesaid trust nor for the insufficiency or defects of Title of any securities on which
any part of my property shall be invested nor for the exercise of his her or their discretion
in any of the matters aforesaid nor for the signing of receipts for the sake of conformity nor
for any other loss or damage whatsoever arising to my said trust Estate unless the same
shall be occasioned by his her or their wilful neglect or default respectively and I do hereby
revoke all other wills and Testaments by me heretofore made and declare this to be my
last will and Testament In witness whereof I have hereto set my hand this thirteenth
day of July in the year of our Lord one thousand eight hundred and twenty nine - T. C.
Bosworth - Signed published and declared by the above named Thomas Compere Bosworth
as and for his last will and Testament in the presence who in his presence at his
request and in the presence of each other have hereunto subscribed our names as witnesses -
Rich. Woodhouse Sol Lanple - Chas. Condell - George Woodhouse {Clerks to Mr.
Woodhouse
This is a Codicil to be taken as part of my last will and Testament bearing
date thirtieth day of July 1829 I do hereby revoke part of my said will which bequeaths
to my Sister Elizabeth Wife of William Isaac the sum of three hundred pounds and in lieu
thereof I give and bequeath to my Executors in trust a sum sufficient to purchase three
hundred and twenty pounds stock in the now three and a half per cent annuities in their
names and to pay the interest to my Sister Elizabeth the wife of William Isaac during her life
I also desire that at her request my Executors shall be hereby authorized to dispose of
annually such amount of the principal stock as together with the interest shall not
exceed the sum of twenty pounds per annum and that the receipt of acknowledgement of
my said Sister shall be a sufficient discharge for my Executors and it is my desire that
the residue of the stock remaining at my sisters decease may be equally divided between
the children of my said Sister as they severally attain the age of twenty one years I also
give and bequeath to the two Executors named in my said will the sum of fifty pounds
each for their trouble in the execution of the trusts of my said Wife in all other respects
I do hereby confirm my said will dated this fourth day of February one thousand eight
hundred and thirty two - T. C. Bosworth - Signed by Thomas Compere Bosworth in the
presence of Joshua Mann Clerk Acre Lane Clapham - Martha Jones Clapham -/-

Proved at London with a Codicil 14th Nov. 1833 before the Worshipful Joseph Phillimore
Doctor of Laws and Surrogate by the oaths of Ellen Bosworth widow the Relict and William Dent
and John Harbush (in the will written Harbusch) Davidge the Executors to whom admonNote 11
was granted being first sworn duly to administer.

    Notes
  1. Coverture: Term indicating the pre-Victorian doctrine that a husband and wife were a single entity - the man; and that a wife therefore could not independently own property.
  2. Freehold: Land owned by outright grant or purchase.
  3. Messuage: Obsolete synonym for real estate property.
  4. Copyhold: Property that was a part of a manorial estate occupied by a worker for sufficient time (generations) that it became associated with and recognized as the worker's.
  5. Hotchpot: To be returned to a common fund for subsequent equal distribution.
  6. Freebenth: Term for a woman's traditional one-third of an estate when a husband died without a will.
  7. Hereditament: Anything that can be inherited.
  8. The meaning may be assessed.
  9. Foregift: premium paid at the beginning of a lease term.
  10. Achieve?
  11. Admon: Common probation clause abbreviation for administration.
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