Last Will and Testament of William Willis (1774-1839)

 

I William Willis the Elder of the Thatched House Tavern St James’s Street in the County of Middlesex being of sound mind do hereby declare this to be my last Will and Testament.

I give and bequeath unto William Joseph Goodwin of Kings Rows Pimlico in the said County of Middlesex Gentleman, my son William Willis the Younger, and my dear wife Mary Willis, their heirs, executors, administrators and assigns, my two several policies of insurance, one in the Equitable Life Assurance Office and the other in the Guardian Life Assurance Office, and all the monies and accumulations which will be due and payable in respect of the same at my decease, upon trust that they, the said William Joseph Goodwin, William Willis the Younger, and Mary Willis do and shall lay out and invest the monies to be accrued therefrom together with such further sums to be taken from my personal estate as shall amount therewith to the full sum of four thousand pounds sterling, in case the monies to be accrued from my policies shall fall short of that sum, in such Government stocks or funds or upon real securities as they shall think best, in their joint names, and pay the interest and dividends thereof unto my dear wife for the term of her natural life, for her own sole use, benefit and disposal, and after her decease as to one thousand pounds part of the said sum of four thousand pounds upon trust to invest the same in such Government stocks or upon real securities as they shall deem most advantageous, and pay the interest and annual proceeds thereof unto and between my daughters Mary Ann Goodwin and Elizabeth Gould in equal moieties, the same to be at their own sole and separate use and disposal free from the debts, control or engagements of their respective husbands, and at the decease of either or both of them, my said daughters, to pay and apply the share of her so dying unto and between her child or children, share and share alike, and if either or both of my said daughters shall die without issue then upon trust to divide the share or shares of her or them so dying unto and between all such of my children as shall be then living, and the child or children of such of my children as shall have departed this life in equal shares and proportions, such grandchildren to take the share their parent would have been entitled to had he or she been then living.

I give and bequeath unto my dear wife the further sum of two hundred pounds for her own absolute use and benefit, which I direct to be paid to her at the end of three calendar months next after my decease.

I give and bequeath unto my said son William Willis the Younger the sum of one thousand pounds for his own absolute use and benefit, but this is to include and be in satisfaction of the money which I have borrowed of him and for which he holds my note of hand. And I also give and bequeath unto my said boy William my silver pint jug which was a present to me from Mr Goodwin, and my old watch which belonged to my father, and likewise the further legacy or sum of fifty pounds for the trouble he will have in carrying the trusts of this my Will into effect, which last mentioned sum of fifty pounds I direct to be paid to him six calendar months after my decease.

I give and bequeath unto my son Henry Michael Willis the sum of five hundred pounds for his own absolute use and benefit, in case he is living at the time of my decease, and I direct that one hundred pounds thereof shall be paid him at the expiration of twelve calendar months after my decease, and the remaining sum of four hundred pounds shall be paid to him six calendar months after the death of my wife. And I hereby expressly declare that the above sum of five hundred pounds is all the money which I intend my said son Henry Michael shall take under this my Will. And I further declare that in case he shall dispute my Will or attempt to disturb the arrangements I have made, I hereby revoke the above legacy given to him.

I give and bequeath unto my son Charles Willis the sum of one thousand two hundred pounds to and for his own use and benefit, and likewise my best gold watch.

And I direct my said trustees to pay unto the said William Joseph Goodwin or suffer him to retain whatever principal money and interest shall be due on the bond for one thousand pounds which I gave him on his marriage with my daughter Mary Ann, and I also give and bequeath to the said William Joseph Goodwin the gold watch which formerly belonged to my son Duke Willis, and given to him by Mr Norman.

And I give and bequeath unto the said William Joseph Goodwin, William Willis the Younger and Mary Willis the further sum of one thousand pounds upon trust to lay out and invest the same in or upon Real or Government or Parliamentary securities at interest and to stand possessed thereof upon trust to pay the interest and dividends thereof as and when the same shall from time to time become due and payable into the hands of the said Elizabeth Gould during her life for her own sole use and benefit, and I direct that her receipt alone shall be sufficient discharges to my said trustees for the same, and from and after her decease upon trust for all and every of the children of my said daughter Elizabeth Gould, in equal shares and proportions, who being a son or sons shall attain the age of twenty one years, or being a daughter or daughters shall attain that age or be married with consent of the parent or guardian, and in case there shall be only one such child then in trust for such only child. And I direct the interest of each child’s share of the said sum of one thousand pounds to be applied towards the maintenance of each such child until she or he attain the age of twenty one years being a son, or being a daughter that age or day of marriage, and in case my said daughter shall die without issue then upon trust to pay the said sum of one thousand pounds unto such person or persons being the husband for the time of the said Elizabeth Gould, or being any one of my children or their descendant as the said Elizabeth Gould by her last will and testament in writing shall give and bequeath the same. But I hereby expressly forbid her leaving any part of the said sum of one thousand pounds to Mrs [Victory] or her family.

I also give and bequeath unto my son James Willis my silver pint jug and the four old silver spoons.

And I give and bequeath unto my son George Willis all my other old silver spoons.

And I give and bequeath unto my daughter Elizabeth Gould all the silver plate which I received from Vintners Hall.

I give unto [Bella Willan] ten pounds for mourning, and I sincerely hope that all my children will respect and support her if at any time it shall be necessary.

And I direct that the said sum of four thousand pounds hereinbefore bequeathed as a provision for my dear wife shall be the first legacy to be fully paid and satisfied before any other disposition of my estate, and that the other legacies hereby bequeathed shall be paid and payable in equal proportions out of my estate as and when the same shall from time to time be got in and received.

I give and bequeath my piano forte unto my daughter Elizabeth Gould to and for her own absolute use and benefit.

I give and bequeath all the residue of my furniture, plate, linen, china or books and household goods in, about or upon my private house, no. 3 Thatched House Court, St James’s aforesaid, unto the said William Joseph Goodwin, William Willis the younger, and Mary Willis, their executors, administrators and assigns, upon trust to permit and suffer my said dear wife Mary Willis to have, use, occupy, possess and enjoy the same for and during the term of her natural life, to and for her own absolute use and benefit. And I will and direct that my said dear wife be permitted to reside in my said house, no. 3, so long as the right and property therein belongs to my estate. And after the decease of my said dear wife I direct my trustees to sell and convert into money the said residue of my furniture, plate, linen, china, books and household goods, and to stand possessed of the money to arise therefrom, and also of the sum of three thousand pounds which will remain of the said sum of four thousand pounds set apart for my wife’s provision, after the decease of my said wife and payment of the legacy of one thousand pounds before directed to be invested, on that event, for the separate use of my daughters, Mary Ann Goodwin and Elizabeth Gould, together with the residue of my real and personal estate after paying my debts and legacies and appropriating the different sums of money hereinbefore directed to be paid and appropriated, upon a trust to divide the same as and when it shall from time to time be received into six equal parts and to stand possessed thereof upon the trusts following.

That is to say as to one equal sixth part thereof upon trust to lay out and invest the same in their joint names in or upon Real or Government or parliamentary securities at interest and to be possessed thereof upon trust to pay the interest, dividends and annual proceeds thereof as and when the same shall from time to time become due and payable into the proper hands of, or permit the same to be received by, Ann Willis the wife of my said son James Willis, for and during her natural life, to and for her separate use and benefit and free from the control, debts or engagements of the said James Willis or any future husband of the said Ann Willis, but to be applied by her for the maintenance of my said son James and the education and support of his children, and from and after the decease of the said Ann Willis in the lifetime of my said son James Willis, upon trust to pay the interest, dividends and annual proceeds to my said son James Willis for and during his life nevertheless for the sole purpose of being by him applied in the maintenance, education and support of his children, and not to be liable to, or be capable of being charged with, the debts or engagements of my said son James Willis by operation of law or otherwise howsoever, and from and after the decease of my said son James Willis upon trust to stand possessed of the said stocks, funds and securities and the interest, dividends and annual proceeds thereof on trust for all and every the child and children of my said son James Willis, equally to be divided between them, if more than one, the share of each of them to be paid or transferred to them or her on his or her attaining the age of twenty one, but in case of the decease of the survivor of them, the said Ann Willis and my said son James Willis, any of the said children be under the age of twenty one years, then I direct that the annual income of the share to which each such child shall for the time being be presumptively entitled shall during his or her minority be applied by the trustees for the time being of this my Will in or towards his or her maintenance, education and support provided always. And I do hereby declare that it shall and may be lawful for my said trustees to lend a part (but not exceeding two thirds) of the said trust funds so left for the benefit of the wife and children of the said James Willis unto the said James Willis himself upon his personal security, and I hereby authorise them to make such advances accordingly on being requested so to do by the said James Willis.

And as to one other equal sixth part thereof upon trust to pay the same unto my said son William Willis the Younger, his executors, administrators or assigns.

And as to one other equal sixth part thereof upon trust in the first place and I hereby authorise and direct my said trustees, their executors, administrators or assigns, to deduct and retain the sum of one hundred pounds for which I have become surety to Mr [Travers Grocer] on account of my son George Willis and the further sum of one hundred pounds for which I have given my note of hand to Mr John Goodwin on account of my said son George Willis in case I or my estate shall be liable to the payment thereof respectively, and after making or providing for such deductions as aforesaid upon trust to pay the remainder of such sixth part unto my said son George Willis, his executors, administrators or assigns.

And as to one other equal sixth part thereof upon trust to pay the same unto my daughter Mary Ann Goodwin, her executors, administrators or assigns.

And as to one other equal sixth part thereof upon trust to pay the same unto my son Charles Willis, his executors, administrators or assigns.

And as to the remaining sixth part thereof upon trust to pay the same unto my daughter Elizabeth Gould, her executors, administrators or assigns.

And in order to accomplish the purposes of this my Will, and for the benefit of all parties, I desire that a full and fair valuation may be made of the lease and goodwill as well of the Thatched House Tavern, houses adjoining, and premises as of the Assembly Rooms in King Street, St James’s aforesaid, immediately after my decease, and the stock of wines and furniture shall be thus also valued by well informed and competent persons. And inasmuch as according to my activities of co-partnership with my brother James it is stipulated that on the decease of either of us the survivor shall have the option of purchasing the share of the deceased partner of and in the several leases and goodwills and order our partnership properly, I hereby direct and authorise my executors to apply such parts of my estate as may be required in the purchase of the same or both or either of them in case my brother James declines taking the same at the valuation to be put thereon according to the said articles, provided the said valuation or valuations shall appear to my said executors a fair and reasonable price for the same and such as may be given for the benefit and advantage of my estate. And in the event of their purchasing the leases and goodwills, or either of them, and the stock and furniture therein, I direct my said son Charles shall have the option of purchasing the same or either of them from my said executors. And in case my son Charles shall decline to take the same or either of them, in the event and at the valuation aforesaid, then I direct that my son George shall be at liberty and have the option of taking the said leases and goodwills, or either of them, and stock and furniture, upon the same terms. And as an inducement and encouragement to my said son Charles Willis to become such purchaser, and as a reward and encouragement for the assistance he has rendered in carrying on my said trade during the latter part of my lifetime, I direct the sum of four hundred pounds to be remitted from this purchase money, and I direct my said trustees to deduct the said sum of four hundred pounds from his purchase money of the said leases, goodwills, stock and furniture as aforesaid. And I also direct that whichever of my said sons Charles or George shall become the purchaser of the same from my said trustees, he shall be allowed the space of four years to pay the amount of such valuation, paying interest for the same in the mean time, and in the case of my said son Charles deducting the said sum of four hundred pounds by eight half yearly instalments, the first payment thereof to commence and be made at the expiration of six calendar months after the completion of such purchase upon the said Charles Willis or George Willis, as the case may be, executing to my said trustees such mortgage on the said premises, or giving such other security as they, my said trustees, shall think fit for securing the payment of the amount of such valuation and interest at the times and in the manner hereinbefore mentioned. And in the event of such purchase being made by my executors I direct that the payment of the pecuniary legacies given by this my Will shall be postponed and made out of the money to be obtained by my said executors on the resale of their said purchase, and that such arrangement be made for payment of the interest of the said legacies in the mean time as they, my said executors, shall direct.

And I sincerely hope and enjoin that all my children will be firmly united and assist one another to the best of their means, and my earnest desire is that they will never deceive one another in money concerns, which is in general the cause of all quarrels in families.

And I hereby declare that notwithstanding any of the trusts aforesaid it shall be lawful for the trustees, or trustee, for the time being acting under the trusts of this my Will, at their own discretion to alter and change the securities of all or any part of the said trust monies, stocks, funds and securities or premises for other Real or parliamentary or Government activity at interest. And I hereby declare that the trustees, or trustee, for the time being of this my Will so acting as aforesaid do stand and be possessed of and interested in every such new security, and of and in the money invested thereon upon the same trusts and to and for the same interests and purposes, and with under and subject to the same powers, provisoes and declarations as are hereinbefore contained concerning the trust monies, stocks, funds and premises, or as near thereto as the deaths of parties and the other circumstances of the case will admit.

And I also declare that if the said William Joseph Goodwin, William Willis the Younger and Mary Willis, or either or any of them, or any future trustee or trustees to be appointed as hereinafter mentioned, shall die or decline to act in or wish to be discharged from the trusts hereby in them reposed before the same trusts shall be fully performed, then and in such case, and when and so often as the same shall happen, it shall be lawful for the surviving or continuing trustee or trustees, or the executors or administrators of the survivor of them, by any writing or writings under his or their hand and seal, or hands and seals, to be attested by two or more credible witnesses, but at the direction and by the proper authority of such surviving or continuing trustee or trustees, or the executors or assignors of the survivor of them, to nominate or appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying or declining to act or wishing to be discharged as aforesaid, and when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid, all the said trust estates, monies and premises shall thereupon, with all convenient speed, be assigned and transferred, so that the same may be legally and effectually vested in the surviving or continuing trustee and in such new trustee jointly, or in such new trustees only as the case may happen upon such and the same trusts, and with under and subject to such and the same powers, provisoes and declarations as are hereinbefore contained concerning the same, or as near thereto as the deaths of parties and the other circumstances of the case will permit.

And I also declare that the said William Joseph Goodwin, William Willis the Younger and Mary Willis, and the trustees and trustee for the time being of this Will, their respective heirs, executors and administrators, shall not be answerable one for another, nor for more of the said trust monies than shall come to their respective hands, and by no means for any involuntary loss, and that they shall be allowed and may retain to and reimburse themselves out of the said trust monies and premises all their costs, charges, damages and expenses occasioned by the due execution of the trusts thereby in them reposed.

And lastly I hereby nominate and appoint the said William Joseph Goodwin, William Willis the Younger and Mary Willis executors of this my Will, and hereby revoking all former and other wills by me at any time heretofore made. I do declare this only to be my last Will and Testament, in witness thereof I, the said William Willis, the Testator, have to this my last Will and Testament, contained in eight sheets of paper, set my hand and seal, that is to say my hand to the seven preceding sheets and my hand and seal to this eighth and last sheet thereof, this twentieth day of April in the year of our Lord one thousand eight hundred and thirty nine.

Signed: William Willis

Sealed, published and declared by the said William Willis the Testator as and 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 hereunto subscribed our names as witnesses this twentieth day of April one thousand eight hundred and thirty nine.

Signed: Gilb Bolden  4 Southampton Street;  John Willis  41 Halcot Place, Lambeth

 

Codicil

This is a codicil to the last will and testament of me, William Willis, of the Thatched House Tavern, St James’s, in the County of Middlesex tavern keeper.

Whereas by my will I have bequeathed a legacy of five hundred pounds to my son, Henry Michael Willis, I hereby revoke such bequest, but I give and bequeath unto the said William Willis and William Joseph Goodwin the sum of five hundred pounds, and I direct that one hundred pounds thereof shall be paid to them at the expiration of six calendar months after my decease, and the remaining sum of four hundred pounds at the expiration of six calendar months after the decease of my said wife.

And I further direct that they, the said William Willis and William Joseph Goodwin shall stand possessed of the said sum of five hundred pounds in trust, to apply the same for the benefit, support and advancement of my said son, Henry Michael Willis, in such manner as they, the said William Willis and William Joseph Goodwin shall in their discretion think proper. But I hereby expressly declare that no part of the said sum of five hundred pounds shall be applied towards the discharge of any debts incurred by the said Henry Michael Willis, or for which he has given security previous to my decease. And I do hereby in all other respects confirm my said Will, in witness whereof I have to this my Codicil set my hand and seal this twentieth day of April one thousand eight hundred and thirty nine.

Signed: William Willis

Sealed, published and declared by the said Testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence and at his request have hereto subscribed our names as witnesses.

Signed: Gilb Bolden;  John Willis

Proved at London with a codicil, 1^st August 1839, before the worshipful [Justice] Danberry, Doctor of Laws and Surrogate, by the oaths of William Joseph Goodwin and William Willis, the son of the deceased, two of the executors to whom [admou] was granted, having been first sworn duly to administer power reserved of making the grant to Mary Willis, widow, the relict of the deceased, the other executor.