Will of Nicholas Benson

Will of Nicholson Benson
Proved 18 November 1844 Prerogative Court of Canterbury
Ref: PROB11/2007

This is the last Will and Testament of me Nicholson Benson of Myddleton Square Clerkenwell in the County of Middlesex Gentleman

I give and bequeath to my daughter Hannah Benson whose Mothers name was Hall all the plate and jewellery linen household furniture wearing apparel and movables of every description which may be possessed of or entitled to at the time of my decease to and for her sole use and disposal

I give and bequeath to my Nephews Anthony Todd of High Street Islington in the said County of Middlesex Cheesemonger John Whitfield of Lambs Conduit Street in the same County Cheesemonger and William Benson Whitfield of Lambs Conduit Street aforesaid Surgeon and the survivors and survivor of them and the executors and administrators of each survivor all my leasehold messuages lands and tenements upon the following trusts that is to say in trust receive and take the rents issues and profits thereof from time to time as they shall become due and payable and after payment of the respective ground rents reserved on the several leases and other outgoings to pay and apply the yearly sum of three hundred and four pounds out of the net income as follows

videlicet to my said daughter Hannah Benson the yearly sum of two hundred pounds during her natural life to my brother William Benson the yearly sum of fifty two pounds during his natural life and to my brother George Benson the yearly sum of fifty two pounds during his natural life each several annuities to be paid by equal quarterly payments every year the first of each payments to commence and be made at the expiration of three calendar months from the time of my decease and in case of either of my said brothers shall die during the lifetime of the other of them then the annuity to him hereby given shall go and be paid to the surviving brother during his life and in case both my said brothers shall die during the lifetime of my said daughter then both their annuities shall go and be paid to my said daughter during her life and in case my said daughter shall die during the lifetime of my said two brothers her annuity of two hundred pounds shall be equally divided between them and shall continue during their respective lives but should only one of them survive my said daughter then the whole of her said annuity of two hundred pounds shall be paid to that survivor and shall continue during his natural life so that the yearly sum of three hundred and four pounds shall be paid until the death of the survivor of my said daughter and brothers and as to the residue of the net income arising from the said rents and profits after payment of the said yearly sum of three hundred and four pounds

I give and bequeath the same to my said trustees in equal proportions share and share alike to compensate them for the trouble they will have in carrying out the directions and trusts of this my will to be received and retained by them to and for their own use and benefit until the decease of the survivor of my said daughter and brothers and from and after the decease of the said Hannah Benson William Benson and George Benson I direct that the said leasehold property shall be sold by my said trustees or the survivors and survivor of them or the executors and administrators of each survivor either by public auction or private contract and at such price or prices as to my said trustees or trustee for the time being shall seem reasonable and the money arising from the sale thereof after payment of all necessary expenses of such sale shall be divided amongst the children of my said brother George Benson and the issue if any of any such child or children who may happen to have died in the meantime in equal proportions share and share alike such issue if more than one to have divided amongst them the share which would have been payable to his or their deceased parent and I declare that the receipt or receipts of my said trustees or the survivor of them or the executors or administrators of such survivor shall validly discharge purchasers of my said leasehold premises and every part thereof in respect of the sums expressed in such receipts and that such purchasers or any of them shall not be answerable for or obliged to see to the application thereof and as to my money invested in the funds or on bonds mortgage or other securities or which shall be in my possession at the time of my decease and all my personal estate not hereto fore of after payment of my debts and funeral and testamentary expenses

I give and bequeath the same as hereinafter mentioned (that is to say unto each of my Nephews John Whitfield William Benson Whitfield and George Whitfield sons of my late sister Hannah Whitfield the sum of two hundred pounds to be paid to them as soon as conveniently after my decease

and to each of my Nieces Margaret Whitfield Hannah wife of Henry Jones Elizabeth Whitfield and Mary Ann Whitfield daughters of my said late sister Hannah Whitfield the sum of three hundred and fifty pounds to be paid to them as soon as conveniently after my decease

and as to the surplus (if any) of my said lastly disposed of residuary personal estate after payment of the above mentioned several legacies I give and bequeath the same unto and amongst my said brother George's children to be divided in equal portions share and share alike to be paid as soon as conveniently after my decease and any or either of them shall not be answerable for the acts receipts neglects or defaults of the others or other of them nor for any of them involuntary losses

and I do appoint the said Anthony Todd John Whitfield and William Benson Whitfield Trustees and Executors hereof and revoking all former wills by me at any time made do declare this said to be my last will and Testament on Witness whereof I have herewith set my hand this thirteenth day of March one thousand eight hundred and forty four –

Nicholson Benson signed published and declared by the said Nicholson Benson as and for his last will and Testament in our presence present at the same time and we at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
GP Whitfield 9 Alexander Square Brompton
William Todd 2 Minerva Place Barnsbury Parks Islington

Proved at London 29th Nov[embe]r 1844 before the Worshipful William Robinson Doctor of Laws and Surrogate by the oaths of Anthony Todd John Whitfield and William Benson Whitfield the Nephews of the deceased the Executors to whom Admon was granted having been first sworn duly to administer.