1851 - The will of William Hammond Turner

Instructions for the will of the undersigned William Hammond Turner of Rutland Gate Hyde Park in the County of Middlesex and of Birmingham in the County of Warwick Button Manufacturer

I forsake all prior wills to appoint Richard Partridge of New Street Spring Gardens Esq John B Mr Richard of Birmingham Assd and Charles Weldon of no 130 Cheapside Button Dealer Executors in Trust thereof and give unto each the sum of nineteen Guineas

To give to wife Eliza Turner all the household furniture plate linen china pictures prints printed books and household effects of every description in and about or belonging to my dwelling house at Rutland Gate or wherever else we may be residing at the time of my decease for her own use and benefit absoloutely
To give and devise all the rest and residue of Estate and Estates real and personal to the Executors in trust
The executors to appropriate or consider asset apart and appropriated the sum of six thousand pounds part of my capital engaged in co-partnership with my brother James Turner the said sum of six thousand pounds to be drawn and received by my executors in such proportions and at such times as in the Articles of Partnership subsisting between me and my said brother is mentioned and provided

And to hold such six thousand pounds as and when received as to the principal money upon Trust for my two daughters Elizabeth Susanna and Frances Janette as hereinafter mentioned and to pay the interest at 5 per cent per annum receivable upon £6,000 part of my said capital unto and between my said daughters in equal shares upon any intended marriage of my said daughters or of either of them My executors by such legal or equitable means as may be in their power to transfer and assign the equal half parts of my said daughters or equal half part of the principal sum of £6,000 above referred to or the stocks funds + securities in which the same may happen to be invested to two or more Trustees to be by some writing named by my said daughters respectively upon trust for her and their respective separate use during their respective lives independently of any husband or of the debts interference or arguments of any husband and so as that my said daughters respectively shall have no power in the way of anticipation and that their receipts only not withstanding [cooerture] shall be sufficient discharges for the interest and income as and when the same shall from time to time become due

And upon trust after the decease of my said daughters respectively in case they resepectively shall marry and leave children or a child to apply the interest for the benefit of such children or child till 21 years of age or being daughters until marriage the principal then to be divided equally amongst such as attain 21 years of age or marry if more than one and if but one the whole to go to that one

If said daughters respectively marry and die leaving no children or leaving children or a child if none live to attain 21 or being daughters to marry said daughters respectively are to have power to appoint that half the income of their respective sums of three thousand pounds shall go at their deaths to their respective husbands for life and subject to such appointment if made such such [sic] sum of £3000 to be held by my executors or be by them placed in trust for the other of my said daughters or in case of her death leaving children or a child upon trust for the benefit of such children or child the same as such other daughter's original share

In case my said daughters or either of them shall not marry or marrying shall not leave children or a child then if it shall happen that she shall not leave her sister or children or a child of her sister her surviving her whole £3000 is to be at her own disposal at her death

Direct that previous to any such marriage a proper deed of settlement for giving effect to the above disposition and arrangements or in case of legal difficulty by reason of the principal money not being in hand or at command a proper deed for giving effect to the same as soon as practicable shall be made and executed by all proper parties such deed of settlement or other deed to be to the satisfaction of said executors or the survivors of them

Proviso that in the event of the marriage of my said daughters or either of them in my lifetime and of my having settled or provided for the settlement of £3000 upon her or them respectively that in such case the provision above made shall as to such daughters or daughter be void

The executors to hold all the rest and residue real and personal in trust to pay the rents ____ and income thereof to my said wife Eliza during her life and after her decease to convey the Real Estate and estates and assign and pay the personal Estate unto and between my said daughters or to such one of them exclusive of the other of them in such parts shares and proportions at such time and times upon such trusts and with such conditions and restrictions and such limitations over for the benefit of one or other of my said daughters as my said wife by any deed or deeds with or without power of revocation or by her last Will and Testament or any Codicil thereto shall direct or appoint

And in default of such appointment or so far as such appointment or appointments shall not extend them
As to my real Estate in trust for my said daughters in equal shares as tenants in common and not as joint tenants and as to my personal estate to be equally divided between them

And in case my said daughters or either of them shall have died leaving children or a child such children or child to take their his or her _____ share if more than one in equal shares and proportions and if but one then for such one to vest at 21 years of age with benefit of survivorship to the survivors of such as may die under that age and provision for maintenance and education while under 21

In case neither of my said daughters shall be living at the time of the decease of my said wife and that there shall be no children or child of my said daughters then living or being such if none of them shall live to attain a vested interest in said real and personal estates my wife is to have power to dispose of the same absolutely by her will or by any deed with or without power of revocation to take effect at her death
To devise estates held by me or any trust over which I have power to dispose by Will to my Executors to hold according to the nature of such estates and the trusts on which I hold the same respectively
Executors to invest principal monies as and when received from the co-partnership business or from sale of leaseholds or other sources in the funds or on mortgage of freeholds and to have power to vary the securities and to have power to arrange and compromise and to refer any partnership accounts or questions to arbitration and to employ any accountant they may think proper in relation to said co-partnership accounts

And power to grant leases for 21 years and power to appoint new trustees but with a consent of wife during her lifetime

And power to reimburse themselves their expenses and all other powers needful for carrying the trusts of will into execution

I declare this and the three preceeding sheets to which I have signed my name to be my instructions for my last will and testatment and that the same shall have effect as my last will and testament in case it shall hapen that I do not execute a more formal expression of my instructions
WH Turner
Signed by William Hammond Turner in the presence of us who in his presence at his request and in the presence of each other subscribe our names as witnesses
William Haslam Copthall Court Solr George Freeman Servant to Mr Turner

In the Goods of William Hammond Turner deceased
Appeared personally Richard Partridge of New Street Spring Gardens in the County of Middlesex Esquire and Charles Weldon of Cheapside in the City of London Button Dealer the surviving Executors named in the last will and testament now hereunto annexed of said William Hammond Turner late of Rutland Gate Hyde Park in the said County of Middlesex and of Birmingham in the County of Warwick deceased the said will being contained in four sheets of paper and beginning thus "Instructions for the will of the undersigned William Hammond Turner of Rutland Gate Hyde Park in the County of Middlesex and of Birmingham in the County of Warwick Button manufacturer" and ending thus "I declare this and the three preceding sheets to which I have signed my name to be my Instructions or my last will and testament and that the same shall have effect as my last will and testament in case it shall happen that I do not execute a more formal expression of my instructions" and being thus subscribed "WH Turner" but being without date and having certain words struck through with a pen and other interlines in the second sheet and certain words interlined in the third sheet thereof and the initials of the said deceased written at the beginning and end of each of such interlineations

And they further made oaths that the said will was prepared by or under the superintendance of and the due execution thereof attested by William Haslam of Copthall Court Solicitor who had been for many years before and was to the time of the death of the said deceased his confidential legal adviser who has died since the death of the said deceased and was as appears by an entry in the Books of the said William Haslam and as they verily believe executed by the said deceased on the thirtieth day of May one thousand eight hundred and forty nine

And they further made oath that the said will was as they have been informed and believe in the possession of the said William Haslam from the time of the execution thereof until the death of the said deceased and that they the deponents or either of them never saw the same until after his death
And they further made oath that they have made and caused to be made diligent search amongst the papers of the said deceased and have also caused search to be made amongst the papers of the said William Haslam to ascertain whether the said deceased had left any other will and that they have themselves been unable to find any and as they have been informed and believe none other has been found by any other person and they verify and in their consciences believe that the said deceased has left no will save his aforesaid will now hereunto annexed

And they lastly made oath that George Freeman the other attestating witness to the said will who was at the time of his witnessing the same in the service of the said deceased quitted such service in his the deceased's lifetime but where he is now living they the deponents have no knowledge whatever and have been after diligent enquiry unable to ascertain
Richard Partridge Charles Weldon
On the 5th day of April 1851 the said Richard Partridge and Charles Weldon were duly sworn to the truth of this affidavit before me W Robinson Socr present EW Toller Not Pub

In the goods of William Hammond Turner deceased
Appeared personally John Paul Poncione of [Ruben] Street Brunswick Square in the County of Middlesex Gentleman and made oath that he was the confidential clerk of William Haslam deceased the Solicitor of the said William Hammond Turner late of Rutland Gate Hyde Park in the said County of Middlesex and of Birmingham in the County of Warwick deceased

And referring to the last will and testament of the said deceased annexed to the affidavit of Richard Partridge and Charles Weldon the surviving executors therein named duly made and sworn to by them on the 5th day of April instant he further made oath that the said will was prepared by the said WIlliam Haslam who has died since the death of the said William Hammmond Turner deceased and was as appears by an entry in the Books of the said William Haslam in his own hand writing executed by the said William Hammond Turner on the thirtieth day of May 1849

And he lastly made oath that the said Will remained in the possession of the said William Haslam from the day of its execution until after the death of the said William Hammond Turner
Jno P Poncione
On the 9th day of April 1851 the said John Paul Poncione was duly sworn to the truth of this affidavit before me W Robinson Jurc pt Edud Toller Not Pub

Proved at London 15th April 1851 before the worshipful William Robinson Doctor of Laws and Surrogate by the oaths of Richard Partridge Esq and Charles Weldon the surviving executors to whom Admon was granted having been first sworn duly to administer