Last Will and Testament of James Willis (1744 – 1794)

 

This is the last Will and Testament of me, James Willis, of the Thatched House Tavern in Saint James’s Street in the city of Westminster and county of Middlesex, Tavern Keeper and Vintner.

I give and bequeath all that my leasehold messuage or tenement and premises called or known by the name of the Thatched House Tavern with its appurtenances, situate and being in Saint James’s Street aforesaid, and which I now hold for a term of four years or thereabouts, and also all my leasehold messuage or tenement situate in King Street in the parish of Saint James in the county of Middlesex aforesaid, known by the name of Almack’s Rooms, which I hold for a term of twenty one years or thereabouts, and all my personal estate and effects whatsoever and wheresoever, unto Michael Willis of Wiraisbury [Wraysbury] in the county of Bucks, and John Baxter of Pall Mall in the city of Westminster and county of Middlesex, Vintner, their executors, admors and assigns for and during all such estate right, title and interest as I shall have therein at my decease, upon trust.

In case my wife, Elizabeth Willis, and my son, James Willis, shall choose to carry on my said business of a tavern keeper and vintner jointly that the said Michael Willis and John Baxter, their executors, administrators and assigns, do and shall permit and suffer my said wife and son James Willis to use and occupy the said messuages or tenements and leasehold premises, during so long a time of the said terms of four and twenty one years as my said wife shall continue my widow and shall choose to carry on said trade and business jointly with my son James, as aforesaid, and also so long as the said trade or business shall upon settlement of accounts appear to my trustees to be a profitable one, and no longer, and in such case upon trust also to permit and suffer my said wife and son, James Willis, to have, receive and take so much of my stock in trade, monies and effects as my said trustees shall from time to time think proper for the continuing and carrying on of the said businesses of a tavern keeper and vintner in the said leasehold messuages or tenements and premises during so long time as they shall so as aforesaid carry on the said businesses.

And in case my said wife shall depart this life or marry again or decline to carry on the said businesses during the said terms, they, the said Michael Willis and John Baxter, and the survivor of them, and the executors, admors and assigns of such survivor, do and shall permit and suffer my sons James Willis and William Willis jointly to have the use of my said leasehold messuages or tenements and premises during so long time of the said terms as they shall live and choose to carry on the said businesses, provided the same shall appear to my trustees upon settlement of accounts to be a profitable one otherwise that they shall put on and to and determine the same, and in such case upon trust also to permit and suffer my said sons, James Willis and William Willis, to have, receive and take so much of my stock in trade, monies and effects as my said trustees shall from time to time think proper, and [??] to continue and carry on the said businesses in and upon the said leasehold messuages or tenements and premises (and so long time as they shall do as aforesaid carry on the said businesses) therein, and if the said businesses shall be so carried on by my wife and sons, any or either of them, my said wife or sons so carrying on the same shall come to a fair and full account with my said trustees for the time being in respect of such businesses, and all receipts, payments and disbursements, business dealings and transactions relating to the same twice in every year, that is to say on the twenty fifth day of June and the twenty fifth day of December in every year and that upon every such settlement of accounts or within the space of one calendar month afterwards the profits which upon the balance of such accounts shall appear to have arisen or been produced shall after the payment of the rent and taxes of my said messuages and premises and all servants wages and other expenses incident to the carrying on of the said businesses during the time the same shall be carried on by my said wife and son, James Willis, jointly, be paid, applied and retained in manner hereafter mentioned, that is to say three fourth parts thereof shall be paid from time to time by my said wife and son James Willis respectively unto the said Michael Willis and John Baxter, their executors, admors and assigns, and I do hereby declare and direct that the said Michael Willis and John Baxter, do and shall stand possessed of and interested in such part of the said profits as shall from time to time be paid to them as aforesaid upon such and the same trusts, and to and for such and the same interests and purposes as are hereinafter mentioned, expressed and declared, of and concerning the ultimate residue of my personal estate and the money to arise and be produced therefrom. And as to the remaining fourth of the profits to arise and be produced from such businesses, the same shall be in trust for my said son James Willis during so long time of the said terms of four and twenty one years as he shall live, and the said businesses shall be carried on by my said wife jointly with my said son James Willis, and my Will further is that in case the said fourth share of the said businesses shall not produce to my said son James Willis the clear sum of one hundred pounds yearly then that my said trustees do increase the same to the amount of one hundred pounds out of the ultimate residue of my personal estate, so long as my said son, James Willis, shall live and continue to carry on the said businesses jointly with my said wife. And in case my said son, James Willis, shall depart this life during such time that my said businesses shall be carried on, or decline carrying on the said jointly with my said wife, then the said fourth part shall be in trust for my son William Willis, provided he accepts of the said co-partnership jointly with my said wife on the same terms and conditions as those expressed and described with respect to my said son, James Willis, and in case he shall accept thereof then the said businesses shall be carried on by my said wife and son William in the same manner, upon the same terms, and for the same purposes as are herein before directed with respect to the carrying on the said by my said wife and son James.

And my Will further is that in case my said wife, Elizabeth Willis, shall depart this life, marry again, or decline carrying on my said businesses then that my said son William Willis shall succeed to the said co-partnership jointly with his brother James Willis, and further that the said James Willis and William Willis shall in such case account with my said trustees for the profits arising from the said businesses twice in every year [??] aforesaid, and that upon every such settlement of accounts, or within the space of one month afterwards, the profits which upon the balance of such accounts shall appear to have arisen or been produced by that same businesses shall after the payment of the rent and taxes of my said messuages and premises and all servants wages and other expenses incident to the carrying on of the said businesses during the time the same shall be carried on by my said sons, James Willis and William Willis, jointly, be paid, applied and retained in manner herein after mentioned, that is to say one half part thereof shall be paid from time to time by my said sons, James Willis and William Willis, unto the said Michael Willis and John Baxter, their executors, admors and assigns, and I do hereby declare and direct that the said Michael Willis and John Baxter, their executors, admors and assigns, shall stand possessed of and interested in such part of the said profits as shall from time to time be paid to them as aforesaid upon such and the same trusts, and to and for such and the same interests and purposes as are hereinafter mentioned, expressed and declared, of and concerning the ultimate residue of my personal estate and the money to arise and be produced therefrom. And as to the remaining half part of the profits to arise and be produced from my said businesses, the same shall be in trust for my said sons James Willis and William Willis, share and share alike, during so long time of the said terms of four and twenty one years as they shall live and the said businesses be carried on by them. And I do hereby declare that if my said businesses shall cease to be carried on by my said wife and sons during the said terms of four and twenty one years, or either of them, in manner aforesaid, then [??] in such case the said Michael Willis and John Baxter, their executors, admors and assigns, do and shall henceforth stand possessed of and interested in the said leasehold, messuages or tenements and premises, and of and in so much of my stock in trade, monies and effects as shall be then employed in the said businesses, upon the trusts and to and for the interests and purposes herein after mentioned, expressed and declared, of and concerning the ultimate residue of my personal estate and the money to arise and be produced therefrom. And I direct that if my said businesses shall be carried on by my said wife and son James Willis jointly, or by my sons James Willis and William Willis, until the expiration of the said terms of four years and twenty one years, and from and immediately after the expiration of the said terms of four years and twenty one years, the said Michael Willis and John Baxter, their executors, admors and assigns, shall stand and be possessed of and interested in so much of my said stock in trade, monies and effects as shall be then employed in the said businesses, upon the trusts and to and for the interests and purposes herein after mentioned, expressed and declared, of and concerning the ultimate residue of my personal estate and the money to arise and be produced therefrom.

And as to the ultimate residue and remainder of my personal estate and effects, I do hereby declare and direct that the said Michael Willis and John Baxter, their executors, admors and assigns, do and shall, as soon as conveniently may be after my decease, sell, dispose of, collect, receive and get in and convert the whole thereof into money, and therefrom in the first place pay all my just debts and my financial expenses, and the expenses of proving this my will, and I declare and direct that the said Michael Willis and John Baxter, their executors, admors and assigns, do and shall stand and be possessed of and interested in the residue of the money which shall arise and be produced from the ultimate residue of my personal estate which shall remain after and shall not be issued and applied in payment of my debts and financial expenses and the expenses of proving this my will, upon the trusts and to and for the interests and purposes herein after mentioned, expressed and declared, of and concerning the same, that is to say upon trust to appropriate and set apart and lay out and invest in the purchase of three percent consolidated bank annuities, so much thereof as shall be sufficient to produce the clear yearly sum of one hundred pounds, and to stand possessed of such three percent consolidated bank annuities so to be purchased as aforesaid upon the trusts and to and for the interests and purposes herein after mentioned, expressed and declared, or referred to of and concerning the same, that is to say upon trust to pay the interest, dividends and annual produce thereof, as the same shall be received, unto my said wife and her assigns during her life, if she shall so long continue and remain my widow, and in case she shall marry again then from and after such marriage as to so much of the said three percent consolidated bank annuities as shall produce the clear yearly sum of sixty pounds, on trust to pay the interest, dividends and annual produce thereof from time to time as the same shall be received unto my said wife for and during the term of her natural life. And as to the remaining part of the said three percent consolidated bank annuities upon such trusts and to and for such interests and purposes as are herein after expressed and declared, of and (from monies to arise and be produced from produced from the ultimate residue) concerning the ultimate residue of my personal estate. And I do hereby declare and direct that in case my said wife shall not marry again after my decease the said Michael Willis and John Baxter, their executors, admors and assigns do and shall, after the decease of my said wife, stand and be possessed of and interested in the whole of the said three percent consolidated bank annuities so to be purchased as aforesaid upon the said trusts, and to and for the same interests and purposes as are herein after mentioned, expressed and declared of and concerning (the ultimate residue of the amounts to arise and be produced from the ultimate residue of my personal estate, and as to the ultimate residue of the monies to arise and be produced from the residue of my personal estate I declare and direct that the said Michael Willis and John Baxter, their executors, administrators and assigns, shall stand and be possessed of and interested in  - the final part of the inserted text is unreadable) the same, that is to say in trust for my son James Willis who hath attained the age of twenty one years, and for all my other children living at my decease, or to be born alive afterwards, in equal shares. And I declare and direct that if any of my said other children being a daughter or daughters shall happen to depart this life under the age of twenty one years and without having been married, or being a son or sons shall depart this life under the said age of twenty one years, then the part or share – parts or shares – as well original as accruing of him, her or them so dying shall be in trust for the others or other of them, and for my said son James Willis, in equal shares, but shall not be vested or payable sooner than the original share or shares of such others or other of them shall become vested and payable as before mentioned. And I declare and direct that if I shall have no child or children living at my decease, or born alive afterwards, except my said son James Willis, or having such of them as shall be a daughter or daughters shall depart this life under the age of twenty one years and without having been married, and all such of them as shall be a son or sons shall depart this life under the age of twenty one years, then and in such case the whole of the said ultimate residue of the monies to arise and be produced from the ultimate residue of my personal estate shall be intrust for my said son James Willis, his executors, admors and assigns, and I declare and direct that in case I shall have any child or children living at the time of my decease, or born alive afterwards, except my said son James Willis and the share or respective shares of them or any of them of and in the ultimate residue of the monies to arise and be produced from the ultimate residue of my personal estate shall not then be payable that the said Michael Willis and John Baxter, their executors, administrators and assigns, shall place out or invest such share or shares which shall not then be payable in or upon Government or real securities at interest and from time to time call in the money so to be placed out or invested as last mentioned and place out or invest the same again in or upon new or other securities of the like nature at interest and so from time to time until such shares shall become payable by virtue of the trusts and directions of this my Will. And I declare and direct that my said trustees do and shall by and out of the interest, dividends and annual produce of the respective shares for the time being of my said children directed to be placed out at interest or invested as last herein before mentioned pay and apply for their respective maintenance, education or benefit the annual sum of twenty pounds each, the same to be paid to my said wife, so long as she shall continue my widow, and be by her applied to that purpose, but for which she shall not be obliged to keep nor give any account, and after her decease or second marriage the same respective annual sums of twenty pounds to be applied to the same purpose, either immediately by the trustees or trustee for the time being thereof at their election, to be paid to any person or persons by them from time to time appointed to receive and apply the same to that purpose, and the accounts of such persons relating the expenditure and application thereof to be settled and allowed by such trustees or trustee. And I declare and direct that the said Michael Willis and John Baxter, their executors, administrators and assigns, do and shall from time to time until the respective shares of my said children herein before directed to be invested or placed out at interest of and in the ultimate residue of the money to arise and be produced from the ultimate residue of my personal estate lay out invest the residue of the interest, dividends and annual produce of such respective shares which shall remain after payment of the said several annual sums of twenty pounds herein before directed to be applied to their respective main [??] and [??] the interest, dividends and annual produce of such residue in or upon Government or real securities at interest in the names or name of them, the said Michael Willis and John Baxter, their executors, administrators and assigns, so as that all the same residue of the interest, dividends and annual produce of the respective shares of my said children herein before directed to be invested and placed out at interest of and in the ultimate residue of the money to arise and be produced from the ultimate residue of my personal estate, may accumulate until such shares shall respectively become payable, provided always.

And it is my Will and Mind, and I do hereby declare, that it shall and may be lawful to and for the said Michael Willis and John Baxter, and the survivor of them, their executors, administrators and assigns, by and with the direction, consent and approbation of my said wife, to be testified by any writing or writings under her hand during her life, if she shall so long continue my widow, and after her decease or second marriage which shall first happen. Of the said Michael Willis and John Baxter of their own proper authority to advance, pay and apply a sum not exceeding a hundred pounds out of the respective shares for the time being of any of my said sons who shall for the time being be under the age of twenty one years of and in the ultimate residue of the money to arise and be produced from the ultimate residue of my personal estate, for the placing him or them in any trade or profession or business, or for procuring for him or them any office or employment or otherwise for his or their benefit.

And I do hereby declare and direct that the receipt or receipts of the said Michael Willis and John Baxter and of the survivor of them, their executors, administrators and assigns, shall from time to time be a sufficient discharge and discharges to the purchasor or purchasors of any part of my estate and effects which shall be sold by virtue of this my Will, and to the person or persons paying or delivering any other of my personal estate and effects and to his, her and their respective executors, administrators and assigns for so much of the said purchase or other money or effects as shall therein be acknowledged to be received, and that such purchasor or purchasors or other persons, his, her or their executors, administrators or assigns, shall not afterwards be answerable or accountable for any loss, misapplication or non-application of such purchase or other money or effects to be received, or any part thereof, provided always.

And I do hereby declare my Will and Mind to be that if the said Michael Willis and John Baxter, or either of them, or any trustee or trustees to be appointed as herein after 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 so often as the same shall happen, it shall and may be lawful to and for my said wife during her life, if she shall so long continue my widow, and from and after her decease or second marriage, which shall first happen, to and for the trustees or trustee so refusing or declining to act, or the surviving trustee, or the executors or admors of the surviving trustee, by any writing or writings under her, their or his hand and seal, or hands and seals, to be attested by two or more credible witnesses, from time to time to nominate, substitute or appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying, or desiring to be discharged, or refusing, declining or becoming incapable 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 trust monies, securities and funds shall be thereupon, with all convenient speed, assigned and transferred in such sort and manner and so as that the same shall and may be legally and effectually vested in the surviving or continuing trustee of the same trust monies and premises, and such new trustee jointly, or if there be no such continuing trustee of the same trust monies and premises then in such new trustees wholly to, for and upon such and the same trusts, interests and purposes as are herein before declared or expressed, of and concerning the said trust monies, funds and securities as aforesaid, or such of them as shall be then 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 execution of the trusts to which they shall be so appointed as fully and effectually to all interests, effects, constructions and purposes whatsoever, and shall have and be considered as vested with such and the same powers and authorities as if he or they had been originally in and by this my Will nominated a trustee or trustees for the purposes for which such new trustees respectively shall be appointed a trustee or trustees, any thing herein contained to the contrary thereof, in any wise, notwithstanding.

I constitute and appoint the said Michael Willis and John Baxter executors of this my Will. And I appoint my said wife guardian of such children as I shall have living at my decease, or born alive afterwards, until they shall respectively attain the age of twenty one years, if she shall so long continue my widow, and from and after her decease or second marriage, which shall first happen, I appoint the said Michael Willis and John Baxter and the survivor of them guardians and guardian of my said children until they shall respectively attain that age provided also and I do hereby declare my will and mind to be that it shall and may be lawful to and for the said Michael Willis and John Baxter, and all and every future trustee or trustees so to be nominated and appointed as aforesaid, and every or any of them, their and every of their executors and admors, by and out of all or any of the trust monies and premises aforesaid, or any other monies which by virtue of this my Will shall come to their or any of their hands, to deduct, retain to and reimburse all such reasonable costs, charges and expenses as they or any of them shall or may sustain or be put unto, in or about the execution of all or any of the trusts hereby in them reposed, and that they respectively, and their respective executors and admors, shall be charged and chargeable only for such monies as they shall respectively actually receive and every of them only for and with his own respective receipts, payments, acts and wilful defaults and not otherwise, and shall not be answerable or accountable the one for the others or other of them, or for the acts, deeds, receipts, neglects or defaults of the others or other of them, the joining of receipts merely for conformity notwithstanding, and that they respectively and their respective executors and administrators, or any of them, shall not be charged or chargeable with or for any loss or damage which shall or may happen in the placing out all or any of the trust monies aforesaid on real or Government securities or in parliamentary funds by defect of any security or securities to be taken in pursuance of this my Will either in title or otherwise by depositing the said trust monies, or any part thereof, in any bank or banker’s hands or elsewhere for safe custody, nor with or for any other loss or damage which shall or may happen in or about the execution of all or any of the trusts aforesaid, without their respective wilful defaults.

And I hereby revoke all my former wills, provided always.

And my Will further is that my son, James Willis, on my decease, and my said sons Charles Willis, William Willis and Marmaduke Willis shall not be entitled to call upon my trustees for a larger sum of their respective shares upon their attaining their respective ages of twenty one years than the sum of five hundred pounds each, so long as the business shall continue to be carried on as aforesaid, but that the remainder of their respective shares shall remain in the stock in trade, provided also and my Will further is that in case any one or more of my children shall have a larger share in the capital employed in carrying out my said businesses than the others of them, then and in such case my said children shall be entitled to the three fourth parts of the one half part of the profits which shall for the time being be payable to my said trustees, in proportion to their respective shares of the capital for the time being employed in carrying on the said businesses.

And my Will further is that my said son, James Willis, be permitted to act as a waiter in the said business, as he now does, and to receive the profits thereof, notwithstanding his quarter share of the profits of the said business, and that he further be allowed the sum of thirty pounds annually for an assistant waiter over and above his said quarter share. And further that my said son, William Willis, be paid annually out of the profits of the said business the sum of thirty pounds annually until he shall attain the age of twenty one years, over and above what is already given him by this my Will, if he shall continue to lend his assistance in carrying on the said business in the manner he now doth.

And I hereby further direct that in case my said sons James or William shall marry during the time the said businesses shall be carried on in co-partnership with my said wife, that in such case the wife and children of either of them so marrying shall not be permitted to reside in either of the said messuages where the said businesses shall be carried on as aforesaid, without the consent of my said wife first obtained in writing for that purposes.

And I also declare my Will to be that if either my son James or William shall during the time the said co-partnership shall be carried on as aforesaid become security for any person or persons for any sum or sums of money, either by giving or lending their bond note or [??] or otherwise howsoever, that then and in such case my said sons James or William shall forfeit a sum of money equal to the amount of such sum or sums of money for which they shall so become security, to be retained by my trustees out of their respective shares of and in the ultimate residue of my personal estate, and to be by them divided amongst the rest of my children, share and share alike.

In witness whereof I have hereunto set my hand and seal at the bottom of nine several sheets of paper, the seventeenth day of October in the year of our Lord one thousand seven hundred and ninety three – J. Willis.

Signed, sealed, published and declared by the said James Willis as his last Will and Testament in the presence of us, who in the presence of each other have witnessed the same – Tho. Beckett, J. Isardstour, Thos. Prosser.

Memorandum that by this Codicil added to my last Will and Testament this twentieth day of January in the year of our Lord one thousand seven hundred and eighty [sic] four. I hereby revoke so much of my said Will as appoints John Baxter my Trustee and Executor (being informed that he is an ill state of health) and in lieu and stead of the said John Baxter I by this Codicil do appoint my brother Marmaduke Willis and my wife Elizabeth Willis joint Trustees and Executor and Executrix of my last Will and Testament, who jointly with my brother Michael Willis shall have the same powers and authority as are given by my said Will to the said Michael Willis and John Baxter.

And I hereby also further declare that if either of my daughters shall attain the age of eighteen years and marry with the consent of my Trustees and Executors and Executrix that then and in such case my daughter or daughters so marrying as aforesaid shall be intitled to one [??] of her share of in and to the property left her by my said Will and Testament on her or their marriage. And I hereby declare by this Codicil that my wife Elizabeth Willis shall only remain a Trustee and Executrix of my said Will so long as she shall remain my widow. And [??] in witness to which Codicil I have hereunto set my hand and seal the said twentieth day of January in the year of our Lord one thousand seven hundred and ninety four aforesaid – J. Willis.

Signed, sealed, published and declared by the said James Willis as a Codicil to his last Will and Testament the twentieth of January 1794 in the presence of us, who in the presence of each other have witnessed the same – Tho. Beckett, Ju. Gibbs.

This Will was proved at London with a Codicil the twelfth day of February in the year of our Lord one thousand seven hundred and ninety four before the Worshipful [??] Arnold Doctor of Laws Surrogate of the Right Honourable Sir William Wynur Wright, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the oaths of Michael Willis, the brother of the deceased and Executor named in the said Will, Marmaduke Willis, the brother also of the said deceased and one of the Executors named in the said Codicil, and Elizabeth Willis, widow, the relict of the said deceased and the other Executor named in the said Codicil during widowhood, to whom administration was granted of all and singular, the goods, chattels and credits of the said deceased having been first sworn duly to administer.