Will of Solomon Royes (1774-1842) transcribed
[A summary table appears below]
This is the last will and testament of me, Solomon Royes, formerly of Queen Square in the Parish of Saint George The Martyr in the county of Middlesex but now of Saint Helier in the Island of Jersey, Gentleman. Whereas I have never exercised the power of appointment given to me in and by a certain indenture or separation of trust bearing date on or about the Third day of June in the year of our Lord one thousand eight hundred and twenty nine and made between myself of the one part and with William Rixon of Senry Street, Aldgate, in the city of London, Gentleman, and Benjamin Lawrence, then of Deans Court, Doctors Commons, but now of Ffish Street, Doctors Commons, in the said City of London, Gentleman, of the other part.
Now I do hereby direct the said William Rixon and Benjamin Lawrence to carry the trusts of that indenture into execution, it being my instruction that the property therein comprised shall pass under that indenture and not under this my Will. I give and bequeath unto my daughters Adelaide Julia Radcliff Royes and Mary Hougham Royes all my household furniture, plate, linen, china, books, pictures and other things of the like nature which may be in or about my dwellinghouse at the time of my decease to be divided equally between them share and share alike to and for their own absolute use and benefit for ever.
I give devise and bequeath all those my two freehold messuages or tenements and premises with the appurtenances thereto belonging situate and being in Aldersgate Street in the City of London and now known or situated there by the numbers 137 and 138 subject to the existing incumbrances thereon and all other my freeholds and leasehold Estates whatsoever unto the said Benjamin Lawrence and William Sanigear of Lombard Street in the City of London, Gentleman, theirs executors, administrators and assigns according to the different natures and qualities thereof upon the trusts and to and for the ends intent and purposes and under and subject to the powers provisions and declarations thereinafter expressed and declared of and concerning the same
That is to say upon trust that they the said Benjamin Lawrence and William Sanigear and the survivor of them his heirs executors administrators and assigns do and shall as soon as conveniently may be after my decease make sale and dispose of said freeholds and leasehold messuages or tenements and premises with their appurtenances either together or in parcels and by public Auction or private contract as they my said trustees shall think proper or advisable unto any person or persons whomsoever who shall be willing to become the purchaser or purchasers thereof for the most money and best price or prices that can be reasonably obtained for the same and my mind and will is and 1 do hereby direct and declare that my said trustees shall stand possessed of the net monies to arise and be produced by or from any such sale or sales of my said freehold and leasehold Estates upon trust for my daughters Maria Royes, Emily Bell now the wife of Hutchinson Bell, formerly Royes, Adelaide Julia Ratcliff Royes and Mary Hougham Royes in equal shares and proportions and to be paid to them accordingly
And as to all the rest residue and remainder of my personal estate and effects whatsoever and of what kind or quality soever not therein before by me disposed of I give and bequeath the said subject to the payment of my just debts funeral and testamentary expenses unto my said daughters the said Adelaide Julia Radcliff Royes and Mary Hougham Royes to be divided equally between them share and share alike as tenants in common
And I do hereby expressly declare and direct that the receipt and receipts of the said Benjamin Lawrence and William Sanigear and the suvivor of them his heirs executors administrators and assigns under their or his hands respectively shall at all times and on all occasions fully and effectually release and discharge the purchaser or respective purchasers of all or any part of my said freeholds and leasehold messuages or tenements and premises hereby directed to be sold as aforsaid for and from so with such purchase monies as in such receipt or receipts shall be acknowledged or expresed to be received and such purchaser or purchasers his heir or their heirs executors administrators or asigns shall not afterwards be obliged to see the due application of his her or their purchase money or be in anyway accountable for the misapplication or nonapplication thereof or any part thereof provided always and my will and meaning is that in case the said trustees therein before nominated and appointed or either of them or any trustee or trustees who for the time being shall be appointed under this present provision in their or either of their places shall depart this life or be desirous of being discharged of or 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 that case and as often as the same shall happen it shall and may be lawful to and for the surviving or continuing trustee for the time being by any writing under his hand and seal to nominate and appoint any fit person or persons to supply the place of the trustee so dying or desiring to be discharged or refusing or be?ining to ail as aforesaid and that upon every such nomination and appointment as aforesaid the said trust estates and premises shall be conveyed assured assigned and transferred so and in such manner as that the same may vest in the surviving trustee jointly with such new- trustee their heirs and assigns respectivly the trusts and to and for the intents and purposes and under and subject to the powers provisions and declarations herein before expresed and declared of and concerning the same trusts estates and premises or as near hereto as may be and the deaths of parties change of interests and other intervening circumstances will then admit and that every such new trustee shall and may exercise the same powers privileges and authorities as if he had been appointed trustee of the same trust estates and premises by this my will and as if his name had been inserted herein instead of the name of either of the trustees herein before nominated and appointed and I do hereby further will and declare that the trustee hereby nominated and appointed in pursuance of the provision last herein before contained and the heirs executors administrators and assigns of such trustees respectively for the time being shall be charged and chargeable only for such monies as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively and shall not be answerable or accountable for any banker, broker or other person or persons with whom or in whose hands the same trust monies or any part or parts of the same shall or may be deposited or lodged for safe custody or otherwise in the execution of the trust hereby created and herein before expressed and declared or any of the same trusts nor for the insufficiency or deficiency of any stocks or securities in or upon which the same trust monies or any part thereof shall or may be laid or if or invested in the execution of the said trusts nor for any other of the said trusts or any of them or in relation thereunto unless the same shall happen by or through their own willful defaults respectively and that in case of any such loss or damage by wifull default the same shall be answered and made good by the person or persons by whose default the sane shall happen or arise and also that it shall and may be lawful to and for the said trustees respectively and to and for their respective heirs executors administrators or and assigns and each and every of them by with and out of the monies which shall come to their or his hands respectively by virtue of the aforesaid trusts to reimburse to themselves and himself respectively and also to pay and allow to their and his co trustee and cotrustees all costs charges damages and expense which they the said trustees respectively their heirs executors administrators and assigns or either or any of them shall or may suffer sustain expend disburse be at or put into in or about the execution of the said trusts or any of them or in relation thereunto and I especially declare and direct that any present or future trustee of this my Will who is or shall be of the profession of an Attorney or solisitor shall be entitled to make all fair and reasonable charges for business professionally transacts for the trust estate as such trustee would have been entitled to make for such business if he has not been a trustee And I do hereby nominate constitute and appoint the said Benjamin Lawrence and William Samgear executors of this my will and lastly hereby revoking and making void all former and other wills by me at any time heretofore made I declare this only to be my last will and testament in witness whereof I the said Solomon Royes the testator have to this my last will and testament contained in this and the three preceeding sheets of paper set my hand this twenty fifth day of June in the year of our Lord one thousand eight hundred and forty two [25 June 1842].
Signed declared and acknowledged by the said Solomon Royes the testator as his last will and testament in the presence of us present at the same time and who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses attesting the same - Joseph Hardy Jackson now of Carlton House, Bagot, Island of Jersy and late Captain 84th Reg. - Ph: Marell Seigneur du [Trandfeif?] in the Parish of St Brelades Jersy
Proved at London the 5th October 1842 before the Worshipful Augustus Frederick Bayford Doctor of Laws and Surrogate by the Oaths of Benjamin Lawrence and William Sanigear the Executors to whom Admon[?] was granted having been first sworn duly to administer
[Transcribed by George Roy]
Solomon died 6 Sep 1842
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