This is the last will

Transcription

1 [Page 1] This is the last will ~~~ / and testament of me Archibald McNeill of Richmond / in the county of Surrey Esquire. I hereby revoke all ~~~ / former wills by me at any time heretofore made and / do make, publish and declare this to be my last will / and testament in manner following (that is to say) I / direct my Executors herein after named as soon as ~~~ / conveniently may be after my decease to pay and ~~~ / discharge pay and discharge all my Just Debts ~~~ / ffuneral expenses and the expenses of proving this / my will. I give and bequeath unto my dear wife ~~~ / Lady Anne McNeill her Executors Advisors and Assigns / all that my freehold leasehold messuage content and ~~~ / dwelling house situate and being at Richmond in the County ~~~ / of Surrey with all the appurtenances to hold the / same unto my said wife her executors advisors and / assigns, paying the rent and observing performing and / fulfilling all the covenants, conditions and oblig-ations by and in the lease thereof reserved and [towards?] / which my said wife her executors advisors and assigns / and or the lessors or assignors part to be paid ~~~ / performed [ditto] and kept I also give and ~~~ / bequeath unto my said wife her executors advisors ~~~ / and assigns all and singular the household ~~~ / furniture white linen, China, Books, Prints, Pictures ~~~ / and effects that shall be in or about or belonging ~~~ / to my said dwelling house at Richmond at the ~~~ / time of my decease to and for her own absolute ~~~ / use and benefit. I give and bequeath unto the ~~~ / Right Honourable ffrancis Earl of Moira, the Right / Honourable George, Earl of Granard, Sir James ~~~ / Pulteney Baronet, Major General Duncan Campbell / of 91 st regiment; Charles Rivington Broughton of the / Secretary of State s Office Esquire and Malcolm Mc / Neill of Collinson in the County of Argyle in ~~~ / Scotland Esquire all the rest, residue and remainder / of my Goods, chattels & Bonds Money Securities for / Money Stocks ffunds Debts and other Personal Estate / whatsoever which I do not by this my will or ~~~ / shall not by any Codicil or Testamentary writing ~~~ / be disposed of (,) specifically upon Trust that they ~~~ / the said Ffrancis / Earl of Moira George Earl of Granard Sir James / Pulteney Duncan Campbell Charles Rivington ~~~ / Broughton and Duncan Malcolm McNeill or the survivors / or the survivor of them his executors advisors and ~~~ / assigns do and shall with all convenient expedition / after my decease sell dispose of and convert into ~~~ / money such part of my personal estate as shall / not consist of money parliamentary stocks or ~~~ / public stocks or Government Securities or ~~~ / mortgages upon Ro(y)al Estates and do and shall ~~~ / stand and be possessed of and interested in the ~~~ / money into which the same shall be so converted / [Page 2] and of using such part of the same as shall consist / of Money Parliamentary stocks publick ffunds ~~~ / Government Securities or Mortgages upon Ro(y)al ~~~ / Estates upon the Trusts hereinafter mentioned (that / is to say) my will is, and is I hereby declare and ~~~ / direct that the said Francis Earl of Moira George / Earl of Granard Sir James Pulteney Duncan ~~~ / Campbell Charles Rivington Broughton and ~~~ / Malcolm McNeill their executors advisors and ~~~ / assigns shall stand and be possessed of and~~~ / interested in all the money to arise and be ~~~ / produced from the sale of that part of my personal / Estate which I have directed to be converted into / Money and of sums in the money Parliamentary / stocks or publick ffunds Government securities or / mortgages of or to which I shall be possessed of / or entitled at the time of my death upon Trust / that they the said ffrancis Earl of Moira George / Earl of Granard Sir ffrancis James Pulteney Duncan ~~~ / Campbell Charles Rivington Broughton and ~~~ / Malcolm McNeill or the survivors or survivor of / them his executors advisors or assigns do and ~~~ / shall by and with the proceeds pay my debts liabilities / and ffuneral expences and the expences of proving / this my will and lay out and invest in their or ~~~ / his names or name such part of the surplus or ~~~ / residue thereof as shall not consist of parliamentary / stocks or publick ffunds Government securities ~~~ / or Mortgages upon Roal estates in the purchase / of a share or shares of the parliamentary stocks / or publick ffunds of Great Britain or at interest / upon Government or civic securities in ~~~ / England Wales or Scotland and so and shall ~~~ / from time to time at their or his discretion / alter and vary the stocks ffunds and securities / aforesaid also the Government securities mortgages / of or to which I shall be possessed or entitled at / the time of my death and which shall not be ~~~ / applied for or towards the payment of my Debts / legacies ffuneral expences the charges of proving / my will and do and shall stand and be possessed / of and interested in the said Trust monies stocks / ffunds and securities

2 and the interest Dividends / and annual product thereof upon and for the / Trust s interests and purposes and which under ~~ / and subject to the powers provided and ~~~ / Directions hereinafter expressed and mentioned of ~~~ / Xxxx xxxx the same (that is to say) upon Trust / that they the said ffrancis Earl of Moira George ~~~ / Earl of Granard Sir James Pulteney Duncan ~~~ / Campbell Charles Rivington Broughton ~~~ / [Page 3] and Malcolm McNeill or the survivors or survivor of / them and the Executors or Advisors of such survivor~~~ / do and shall pay the equal moiety or half part or / share of the said Interest Dividends or annual product / of the said Monies stocks ffunds and securities unto / my dear wife or her assigns for and during the / term of her natural life to and for her and their / own use and benefit and subject to xxx xxx / shall stand and be possessed of and interested in ~~~ / the said monies stocks ffunds and securities and ~~~ / interest dividends and annual product thereof in Trust for all and every the children and child of my Body ~~~ / lawfully begotten or to be begotten living at my ~~~ / death or born alive afterwards who being a son or / sons shall have attained or shall hereafter attain / the age of twenty one years or depart this life under / that age having lawful issue living at the time of his or / their respective decease or born in due time after or who / being a daughter or daughters shall have attained / or shall hereafter attain the age of twenty one years / or shall have been married or shall hereafter marry / under that age with the consent of her or their ~~~ / parents or parent guardians or guardian equally to / be divided between or amongst all such children if / more than one share and share alike as xxxx / in common and their respective executors advisors or / assigns to and for their own respective use and ~~~ / benefit and if there shall be but one such child then / said Trust for such one child his or her executors ~~~ / advisors and assigns to own for his her and their ~~~ / own use and benefit and subject to the life interest / of my said wife in one moiety of the said interest / dividends and annual product as aforesaid to be ~~~ / paid assigned or transferred accordingly and in ~~~ / case there shall be no such child of me the said ~~~ / Archibald McNeill who under the trusts aforesaid / shall obtain a vested interest in the said Trust ~~~ Monies stocks ffunds and securities then do and shall / after the ffailure or decease of such children xxx pay the / whole of the interest dividends and annual product / of the said monies stocks fuunds and securities unto ~~~ / my said wife and her assigns for her life for her own / use and benefit and after her decease and ffailure / of issue as aforesaid do and shall stand and be ~~~ / possessed of and interested in the said trust monies / stocks ffunds and securities and the interest dividends / and annual product thereof in trust for the said ~~~ / Malcolm McNeill Captain Donald McNeill of the said / Ninety first regiment and Charles Rivington Broughton / as xxxanto in common share and share alike and to / their respective executors advisors and assigns to and / for their own respective use and benefit provided ~~~ / always and I do hereby declare my will and xxx to / be that in case any of my said children ~~~ / [Page 4] shall be under age at the time of my decease it / shall and may be lawful to and for the said ~~~ / trustees and the survivors or survivor of them ~~~ / and the executors and advisors of such survivor or / the trustees or trustee for the time being to pay and / apply for and towards the maintenance and education / of such child or children respectively all or any ~~~ / part of the interest dividends and annual product / of the trust monies stocks ffunds and securities subject / and without prejudice to the life interest of my said / wife as aforesaid to which such child or children / respectively shall be for the time being entitled ~~~ / in proportion under the trust s hereinbefore declared / of or surviving the same and also subject and ~~~ / without prejudice to the life interest of my said / wife as aforesaid to advance any part not exceeding ~~~ / one half of the trust monies stocks ffunds or ~~~ / securities to which such children respectively / shall so for the time being be entitled in expectancy / as aforesaid for or towards them coming out in the ~~~ / world or establishment of such child or children ~~~ / respectively and in case such shall be at xxx or times ~~~ / suspense of warranty of the person or persons for the / time being entitled to a vestor s interest in the trust / monies stocks ffunds and securities heretowards in this / my will or to the interest dividends and annual ~~~ / product of the said trust monies stocks ffunds and ~~~ / securities respectively or as much thereof respectively as / shall for the time being be suspended

3 from vesting and / thereof then and insuch case and so often as the former / shall happen the interest dividends and annual product / not applied for distribution as aforesaid shall during / such suspension as aforesaid be laid out and invested in / the purchase of a competent share or competent ~~~ / shares of the publick stocks or ffunds of Great ~~~ / Britain or at interest upon government or Roal ~~~ / Securities in England Wales or Scotland so that the ~~~ / Same may accumulate and that the said last mentioned / Monies stocks ffunds and securities and the accumulation / thereof respectively shal belong to or be safemost? ~~~ / for such person or persons who under or by virtue of / the trusts hereinbefore declared shall become entitled / to a vested interest in the trust monies stocks ffunds / and securities from the annual product of which such accumulation shall have respectively proceeded ~~~ / provided also, and it is my express will and xxx ~~~ / and I do hereby declare and assert that the said trustees / or the survivors or survivor of them as executors or ~~~ / advisors or the trustees or trustee for the time being / do and shall from time to time as often as opportunities / offer lay out and invest the said trust monies or any ~~~ / part thereof in the purchase of one or more annuity or ~~~ / annuities for the life or lives of such person or persons ~~~ / or for such term or terms of years determinable on a life / or lives or on such security or securities as they the said / ffrancis Earl of Moira George Earl of Granard Duncan / Campbell Charles Rivington Broughton and Malcolm / McNeill or the survivors or survivor of them his executors / [Page 5] or advisors or their trustees or trustee for the time ~ / being shall in their or his discretion think proper or / at their or his decision to resell the same and from / time to time buy another or other annuity or ~~~ / annuities as aforesaid and I declare and direct that / they the said ffrancis Earl of Moira George Earl / of Granard Sir James Pulteney Duncan Campbell Charles / Rivington Broughton and Malcolm McNeill or the / Survivors or survivor of them or the Executors or ~~~ / Advisors of such survivor or the Trustees or Trustee / for the time being do and shall stand and be ~~~ / possessed of and interested in the Annuity or ~~~ / Annuities so to be purchased as aforesaid upon / The Trusts hereinbefore declared of or receiving the / Interest dividends or annual product of the said / Trust monies stocks ffunds and securities xxx ~~~ / and xxx xxx as may be provided also and I / hereby further declare and direct that they the said / ffrancis Earl of Moira George Earl of Granard / Sir James Pulteney Duncan Campbell Charles ~~~ / Rivington Broughton and Malcolm McNeill or / the survivors or survivor of them his executors ~~~ / or advisors or the Trustees or Trustee for the time / being shall and do with and out of the proceeds / of the said Annuity or Annuities so to be ~~~ / purchased as aforesaid Insure or cause to be ~~~ / insured and keep insured in some or one of the / publick insurance offices in the City of London / or Westminster during the existence or continuance / of such Annuity or Annuities respectively the life / or lives of the person or persons on whose death / or deaths such Annuity or Annuities so to be ~~~ / purchased as aforesaid shall be determinable ~~~ / at or for a sum or respective sums of money ~~~ / at least equal in amount to that sum or sums ~~~ / which shall be paid or paid out in the purchase of such / annuity or respective annuities and it is my will / and xxx and I declare and direct that the said / trustees or the survivors or survivor of them / his executors or administrators ~~~ / [or the rustees or trustee] / for the time being do and shall lay ~~~ out and invest in their or his names or name / all such sum and sums of money they or he / shall or may receive by sale or ~~~ / repurchase or resumption thereof by the grantor / or grantors or by virtue of such insurance or / insurances [or any such annuity or annuities ] so to be effected as aforesaid in the ~~~ / purchase of a share or shares of the extra ~~~ / parliamentary stocks or publick ffunds of Great / Britain at Interest upon Government or Roal / securities and do and shall stand ~~~ / and be possessed of and interested in the same ~~~ /[Page 6] stocks ffunds and securities and the interest ~~~ / Dividends or annual product thereof upon the ~~~ / Trusts and to and for the intents and purposes / and with under and subject to the powers ~~~ / provisoes and reservations herein before expressed / declared or xxx of and concerning the stocks / ffunds and securities hereinbefore bequeathed ~~~ / and directed to be purchased with the money / hereby bequeathed and the money arising from / that part of my said personal estate herein / before directed to be converted into money and / laid out and invested as

4 aforesaid and the ~~~ / interest dividends or annual product thereof ~~~ / or as near thereto as may be and I do ~~~ hereby nominate constitute and appoint the / said ffrancis Earl of Moira George Earl of ~~~ / Granard Sir ffrancis Pulteney Duncan Campbell / Charles Rivington Broughton and Malcolm McNeill executors and trustees of this my ~~~ / Will and I give devise and bequeath unto the ~~~ Said ffrancis Earl of Moira George Earl of ~~~ / Granard Sir James Pulteney Duncan Campbell / Charles Rivington Broughton and Malcolm ~~~ / McNeill their heirs executors advisors and ~~~/ assigns all the monies mortgages or governments / ffarms lands messuages and xxx estates ~~~ / vested in me upon any trust or by way of ~~~ / mortgage or which I have power to dispose of by ~~~ / this my will with theirrespective xxx / and appurtenances to have and to hold the same / manors messuages or townes ffarms llands xxx and ~~~ / estates unto the said ffrancis Earl of Moira George / Earl of Granard Sir James Pulteney Duncan ~~~ / Campbell Charles Rivington Broughton and ~~~ / Malcolm McNeill their executors advisors and / assigns according to the nature and quality ~~~ / thereof respectively upon the trusts and subject / to the equity which at the time of my decease / shall be subsisting or capable of taking effect / therein respectively AND I do hereby declare that / the descript or receipt in writing of the said / ffrancis Earl of Moira George Earl of ~~~ / Granard Sir ffrancis Pulteney Duncan Campbell / Charles Rivington Broughton and Malcolm Mc / Neill any or either of them or the heirs executors advisors / Or assigns of such survivor or the trustees or / Trustees for the time being of this my will any / Or either of them for any sum or sums of ~~~ / Money payable to them or him under or by ~~~/ [Page 7] virtue of this my will shall effectually discharge / the person or persons to whom the same shall be / given and his her their and every of their heirs / executors administrators and assigns from seeing to / the application or being accountable or answerable / for the misapplication or / on application ~~~ / thereof or any part thereof AND I do hereby ~~~ / authorize and empower my executors to pay my / debts owing by me or claimed from me upon ~~~ / any evidence they shall think proper and to ~~~ / accept any security / Roal or personal and to ~~~ / compromise any debt owing to me and to allow ~~~ / such time for the payment thereof as to them or ~~~ / him (as) shall appear reasonable provided also and I so ~~~ / declare and desire that if the said ffrancis Earl / of Moira George Earl of Granard Sir James ~~~ / Pulteney Duncan Campbell Charles Rivington ~~~ / Broughton and Malcolm McNeillor any or ~~~ / either of them or any future trustees or trustee / to be appointed as hereinafter is mentioned ~~~ / shall happen to die or be desirous of being ~~~ / discharged of and from or refuse or decline to ~~~ / act in the trusts hereby in them respectively ~~~ / reposed as aforesaid before the said trusts shall / be fully performed or discharged then and in ~~~ / such case and when and as often as the same / shall happen it shall and may be lawful to and / for the trustees or trustees so declining to act or / the executors or advisors of such of them so ~~~ / saying by any writing or writings under his or / their hand and seal or hands and seals to be / attested by two or more provable witnesses in / time to time to nominate constitute or appoint / any other person or persons to be a trustee / or trustees in the place or stead of any ~~~ / trustee or trustees so saying or desiring to be ~~~ / discharged or refusing or declining to act as ~~~ / aforesaid and that when and as often as any / new trustee or trustees shall be nominated and / appointed as aforesaid all the said trust estates / monies securities ffunds and premises shall be ~~~ / thereupon with all convenient speed conveyed ~~~ / assigned and transferred in such sort and manner / and so that the same shall and may be ~~~ / legally and effectually vested in the surviving or / continuing trustee or trustees of that same trust / estates monies and premises and such new / trustee or trustees jointly or if there be no such ~~~ / continuing trustee of the trust / estates monies and premises then as such new / trustee wholly to for and upon such and the / [Page 8]said trusts interests and purposes as are herein / before declared or expressed of and continuing the / said trust estates securities monies and premises / as aforesaid or such of them as shall be found ~~~ / subsisting and capable of taking effect and that / every such new trustee or trustees shall and ~~~ / may in all things act and assist in the ~~~ /management carrying on and continuation of the ~~~ / trusts to which they shall be so appointed ~~~ / as fully and effectually to all intents effects / and constructive purposes whatsoever and shall have and / be considered as

5 vested with such and the ~~~ / same powers and authorities as if he or they ~~~ / had been originally in and by this my will ~~~ / nominated trustee or trustees for the purposes ~~~ / for which such new trustee or trustees shall / respectively be appointed as trustee or trustees ~~~ / any thing hereinbefore contained to the ~~~ / contrary thereof in any wise notwithstanding ~~~ / provided also and it is my will and xxx and / I do hereby declare that it shall and may be / lawful to and for the said ffrancis Earl of ~~~ / Moira George Earl of Granard Sir James ~~~ / Pulteney Duncan Campbell Charles Rivington ~~~ / Broughton and Duncan Malcolm McNeill and every ~~~ / future trustee or trustees so to be appointed ~~~ / as hereinbefore is mentioned their and every / of their executors and advisors by and out / of all or any of the monies which by virtue ~~~ / of this my will shall come to their or any of / their hands to revert retain to and reimburse ~~~ / themselves and himself and to pay to his and / their co-executor and trustee or trustees all ~~~ / such costs charges and expences as they respectively / shall or may sustain expend or ~~~ / be put unto in and about the execution of this my / will or any of the trusts herein contained and ~~~ / also that they and their respective executors and / advisors shall be charged and chargeable only / every of them for wilful default and not ~~~ / > and with his and their own respective receipts payments acts and/ otherwise and shall not be chargeable with or / for any sum or sums of money other than ~~~ / shall actually and respectively come / to his or their hands by virtue of this ~~~ / my will nor with or for any loss or sauvage / which may happen in or about the execution / thereof or any of the trusts hereby declared without his or their respective wilful default By Witness [Page 9] In witness whereof I the said Archibald McNeal / the testator have to this my last will and testament / notarised in nisi... of power {with my hand and seal} (that is to say) ~~~ / my hand to this right first [draft] and my hand and / seal to this [codicil] and last... thereof this ~~~ / twenty seventh day of February in the year of Our Lord one thousand eight ~~~ / hundred and eight - Archibald Mcneill (signet mark) signed ~~~ / sealed published and declared by the said Archibald / McNeill the testator as ours for his last will and / testament in the presence of us who {in his presence} at his request ~~~ / and in the presence of each other have / thereunto subscribed our names as witnesses thereto / for insertion of the name of Capt. Donald Mc / Neill between the second and third lines of the fourth / page being first made John Cooper (Fitzroy Street) / William Cooper, Servt. To Colonel McNeill. This will was proved at London the ~~~ / twenty eighth day of January in the year of our Lord / one thousand eight hundred... before the... / worshipful wrong name... Beaumont Burnaby doctor of Laws and ~~~ / surrogate of the Right Honourable Sir William Royman? / Knight also doctor of Laws Master Keeper of ~~~ / Commissary of the Prerogative Court of Canterbury as / lawfully constituted by the Oaths of the Right... /... Earl of Moira and Charles Livingstone umquile / Obronhgton two of the executors named in the / said will to whom administration of all and ~~~ / singular the Goods, Chattels and Credits of the said / contract was granted having been first sworn only / to administer power reserved of making... like ~~~ / grant to the Right Honourable George Earl of... / Sir James Dul... Baronet Major General Duncan / Campbell and Malcolm McNeill Esquire the other / executors named in the said will which party or either / of them shall apply for the same ~~~ Exd.