Will of John Whitfield

of Lambs Conduit Street, Middlesex attested 24 Mar 1843

Will of John Whitfield
Date Attested 4 March 1843
Prerogative Court of Canterbury PROB11/1985
Dated 18 August 1843

This is the Last Will & Testament of me JOHN WHITFIELD of Lambs Conduit Street in the County of Midd[lese]x Cheesemonger I give and devise unto my eldest son JOHN WHITFIELD his h[ei]rs and ass[ign]s for ever my mess[uage]s dwelling houses gardens & appurt[enance]s situate on the south side of the lane leading from Barnard Castle Bridge End in the Parish of Startforth in the County of York to Low Startforth which were purchased & partly built on by my late Father and also my close called Sand-beds with the appurt[enance]s in the same parish which was purchased by me
I give and devise unto my Son WILLIAM BENSON WHITFIELD his h[ei]rs and ass[ign]s for ever my closes with the appurtenances late part & parcel of Barnard Castle Moor in the County of Durham which were the estate of my late Uncle WILLIAM WHITFIELD
I give & devise unto my Son GEORGE JAMES WHITFIELD his h[ei]rs and ass[ign]s for ever the several mess[uage]s dwelling houses yards gardens & appurt[enance]s situate on the north side of the s[ai]d lane from Bridge-end to Low Startforth which were purchased by my late Grandfather & partly by him & partly by myself built on & also my mess[uage]s or dwelling houses & appurt[enance]s in Low Startforth afores[ai]d which were purchased by my uncle WILLIAM WHITFIELD & also my mess[uage]s or dwelling house & appurt[enance]s adjoin[in]g the north west corner & Startforth-end of Barnard Castle Bridge which was purchased by my late Father
I give and devise unto my Son W[ILLIA]M BENSON WHITFIELD my brother GEORGE
PINCKNEY WHITFIELD and WILLIAM TODD of Barnsbury Park in Islington their heirs & ass[ign]s my messuages burgages or dwelling houses with the appurt[enance]s situate near the entrance into the church yard from the Market Place of Barnard Castle in the County of Durham and w[hi]ch were purchased by my said late Grandfather and also my part & share of the freehold messuages workshops warehouses yards & tenements at Barnard Castle afore said with the appurt[enance]s & of the mill & appurt[enance]s at or near Bowes in the Co[unt]y of York w[hi]ch are held by me in common with my partners in a Carpet Manufactory To hold the same unto the said W[ILLIA]M
BENSON WHITFIELD GEO[RGE] PINCKNEY WHITFIELD & W[ILLIA]M TODD their heirs
& ass[igns] Upon the Trusts hereinafter specified I give devise & bequeath unto the s[ai]d W[ILLIA]M BENSON WHITFIELD GEO[RGE] PINCKNEY WHITFIELD & W[ILLIA]M
TODD then ex[ecute] & adm[inister] all my leasehold tenements & also all my money plate linen & household furniture stock in trade book debts & all of my Personal Estate & effects and also my part or share of the capital and stock of the s[ai]d carpet manufactory upon the trusts hereina[fter] specified that is to say Upon Trust to sell & dispose of for the most money that can be gotten for the same & at such time or times as may be found most eligible & convert for the p[ur]p[o]ses of sale my said messuages burgages or dwelling houses with the appurt[enance]s near the entrance into the church yard of Barnard Castle & also my leasehold tenements in Bedford Baker Store & Sydney Streets resply Commercial Road in the County of Middlesex and in the meantime to apply the rents & profits thereof & of my o[the]r tenements above devised to my s[ai]d Trustees 7 o[the]r monies which may come to their hands by virtue hereof in payment of the several legacies hereinafter mentioned I give and bequeath unto each of my daughters MARGARET ELIZABETH and MARY ANNE the sum of one thousand two hundred pounds and to my daughter HANNAH
JONES for her sole & separate use the like sum of one thousand two hundred pounds which last mentioned sum is to be invested by my s[ai]d trustees in the public funds or on mortgage as they may think proper to as that the income arising therefrom may during the natural life of my s[ai]d daughter HANNAH JONES be paid quarterly or half yearly as the case may be into her own hands for w[hi]ch her own receipt only shall notwithstanding her coverture be binding & valid & par[ticu]larly so that the said sum of £1200 or any part thereof or the interest the[re]of or of any p[ar]t thereof shall not be subject to the control debts or engagements of her present or any future husband and after her decease then I direct that the said principal sum of £1200 shall be paid to & divided equally amongst her children or deceased childrens children which deceased childrens children shall be entitled to have distributed amongst them if more than one the share of their deceased parent
I leave my business of Cheesemonger to my Sons JOHN & GEORGE & direct that they shall be equal partners therein and further I give to them in equal shares the sum of Six hundred pounds as capital for carrying on the said business andd I direct that the house in Lambs Conduit Street where the s[ai]d bus[ines]s is carried on be repaired at the expense of my estate according to an agreement I have entered into with the Landlord thereof and that my said Sons JOHN & GEORGE shall occupy the said premises as tenants from year to year or as my said trustees in their discretion shall think fit at the yearly rent of £120 pay[a]ble quarterly includ[in]g the use of the shop & all other fixtures in the s[ai]d house together with the Stable & Cart house now used for the s[ai]d business and with respect to the carpet Manufactory in which I am a partner I direct that my said trustees shall have full power to withdraw therefrom agreeably to the provisions cont[aine]d in the articles of p[artne]rship as soon as they may think advantageous & expedient and in the event of their so withdrawing or of the dissolution of the p[artne]rship by any means bef[or]e the distribution of the general residue of my effects the money arising to my estate therefrom shall be merged in such general residue and in the meantime all profits that may arise from my share in the said p[artne]rship concern shall form part of such general residue and as to all the residue & rem[ainde]r of my est[at]e & effects of what nature & kind soever not hereinbef[or]e disposed of and all accumul[ation]s then after payment of my debts & funeral & testament expenses I give & bequeath the same unto my said four daughters to be equally divided between & amongst them share & share alike the share of my s[ai]d dau[ghte]r Hannah to be for her sole & separate use for life with remainder to her issue as af[oresai]d under & subject to the same provisions & restrictions as are herinbef[or]e dec[are]d concern[in]g the legacy of £1200 which I have bequeathed to her as aforesaid but in case the share of each of my s[ai]d 4 dau[ghte]rs in such residue shall exceed the sum of £800 then I bequeath the excess or surplus thereof unto equally to be divided between my said three Sons share & share in alike it being my express intention that the total amount to be by each of my said 4 dau[ghte]rs under this my will shall not exceed the sum of £2000 and in effecting the said residuary distribution my trustees may either sell & dispose of for money any lease hold tenements not hereinb[efor]e specifically directed to be sold or the division th[e]rof may be effected by amicable arrangements among the parties interested and I direct that the receipts of my trustees or the survivors or survivor of them or of the h[ei]rs ex[ecuto]rs or ad[ministrator]s of such money therein expressed to have been received and that such purchasers or any of them shall not be obliged to see to the application of the money and that my s[ai]d trustees shall & may & count & retain th than each & every of them may necessarily be at or insue in the execution of this my will and that no one of my s[ai]d trustees shall be responsable for the accs receipts neglects or defaults of the o[ther]s or o[the]r of them and none of them for involuntary losses and I appoint my s[ai]d son W[ILLIA]M BENSON WHITFIELD s[ai]d bro[the]r GEORGE PINCKNEY WHITFIELD and the said WILLIAM TODD Trustees & Executors hereof and revoking all former
wills & codicils do declare this only my last will & Testament In
Witness whereof I have hereunto set my hand & seal this twenty
fourth day of March 1843
John Whitfield
Signed published & declared by the s[ai]d JOHN WHITFIELD as & for his last will & Testament
in our presence & in the presence of each other have hereunto subscribed our
names as witnesses
William Whitfield No 44 Old Bond Street
George Corpe Sol[icito]r 3 Lincolns Inn Fields

This is a Codicil to my will which I have just made I hereby give to my Son William the Lease of the house he now occupies No 64 Lambs Conduit Street together with the fixtures stock in trade & furniture therein to and for his own use and benefit
John Whitfield
Signed published & declared by the s[ai]d John Whitfield as & for a Codicil to his last will & Testament in our presence & in the presence of each other have hereunto subscribed our
names as witnesses
William Whitfield No 44 Old Bond Street
George Corpe Sol[icito]r 3 Lincolns Inn Fields

Proven: 18 Aug 1843 at Prerogative Court of Canterbury

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