Will of Susannah BUDD (-1840)

National Archives (PRO) Reference PROB 11/1935.

I Susannah BUDD of Stoke next Guildford in the county of Surrey Widow do herby revoke all Wills and Codicils and other Testamentary dispositions made by me at anytime heretofore and declare this to be my last Will and Testament.

Whereas by certain indentures dated the twenty first and twenty second days of October one thousand seven hundred and ninety nine and made between Richard Henry BUDD Esquire my late dear husband of the first part me the said Susannah BUDD (then Susannah PICKSTONE spinster) of the second part and John Peyto SHRUBB[1] Esquire Francis SKUARRAY Brewer and Thomas Godfrey DOBREE and Harry DOBREE Merchants of the third part being the settlement executed previously to the marriage then intended and soon afterwards solemnised between the said Richard Henry BUDD and the said Susannah BUDD.

He the said Richard Henry BUDD did limit and assure the several messuages lands and heredits therein mentioned to the use of him the said Richard Henry BUDD for his life with the remainder to the use of me the said Susannah BUDD for my life with remainder to the several other uses therein mentioned for the benefit of our children of our said then intended marriage and in the same Indenture of Release were contained theWill of Susannah BUDD usual powers of Sale and Exchange and directions for laying out the monies to arise thereby in the purchase of other lands of inheritance to be settled to the life uses and for the investment of such monies in the meantime and power was thereby reserved to the said Richard Henry BUDD and me the said Susannah BUDD with the consent and approbation of the Trustees or Trustee for the time being of the said Indenture of Settlement to revoke all or any of the uses and trusts of the same Indenture and to declare any other uses or trusts of the said heredits or the rents issues profits thereof.

And Whereas by certain other Indentures dated the sixth and seventh days of August one thousand eight hundred and five and made between

• John ORD[2] esquire of the first part
• George Earl of ONSLOW[3] and Henrietta Countess of ONSLOW[4] of the second part
• Thomas Lord CRANLEY and Charlotte Viscountess CRANLEY of the third part
• The Honorable Arthur George ONSLOW [5]of the fourth part
• William MORLAND and Thomas HAMMERSLY[6] Bankers of the fifth part
• Charles Lord BAYMIG of the sixth part
• William HALE esquire and the Reverend Edward FULHAM[7] of the seventh part
• the said Richard Henry BUDD and me said Susannah BUDD of the eighth part
•  and the said John Peyto SHRUBB[8] Esquire Francis

[Page 2]

• SKUARRAY? and Thomas Godfrey DOBREE and Harry DOBREE[9] of the ninth part

 Several closes of land and other heredits therein mentioned were conveyed by the said John ORD and the persons therein named to the like uses as in the said Indenture of Settlement were contained in exchange for certain parts of the heredits comprised in  the said settlements.

And whereas William BROCK Merchant and Edward JACKSON Surgeon were afterwards appointed by the said Richard Henry BUDD and me the said Susannah BUDD in exercise of a power for that purpose vested in us Trustees of the said Settlement in the place of the Thomas Godfrey DOBREE and Harry DOBREE.

And whereas by two several Deed Poll or Instruments in writing under the hands and seals of the said Richard Henry BUDD and me the said Susannah BUDD bearing the date respectively the twenty first day of December 1810 and the twenty fourth day of January 1820 all the uses or estates which under or by virtue of the several Indentures aforesaid were then subsisting or capable of taking effect in the settled estates (ulterior to the uses limited therein to me the said Susannah BUDD for my life) were revoked and the same heredits were thereby limited by the said Richard Henry BUDD and me the said Susannah BUDD from and after my decease.  To the use of all and every or such one or more exclusively of the other or others of children or remoter? Issue of the said Richard Henry BUDD and me the said Susannah BUDD in such shares or proportions for such estate or estates in fee simple or in tail  male or in tail either as tenants in common or in such order or course of succession and with such remainders or limitations over in tail male or in tail between or among them or any of them as the said Richard Henry BUDD and me the said Susannah BUDD should at time during joint lives by any deed or deeds instrument or instruments in writing with or without power revocation or new appointment sealed and delivered by us in the presence of and attested by two or more witnesses direct or appoint and in default of such joint appointment then as the survivor of us the said Richard Henry BUDD and Susannah BUDD should by any deed or deeds instrument or instruments in writing with or without power revocation or new appointment sealed and delivered by us in the presence of and attested by two or more witnesses or my his or my Last Will and Testament in writing by him or me signed and published in the presence of and attested by three or more witnesses should direct or appoint and in default of such appointment to the uses therein mentioned.

And whereas in the year 1820 Charles Thelwell ABBOTT Gentleman was appointed trustee of the said Indentures of Settlement in the place of the said William BROCK[10] then deceased.

And whereas in or about the year 1823 diverd? Parts of the heredits comprised in the said Indentures of Settlement were sold and disposed to William Papwell BRIGSTOCK[11] Esquire for the sum of fifteen thousand pounds which was invested by the said trustees in the sum of thirteen thousand eight hundred and ninety four pounds five shillings and two pence new four per cent consolidated Bank Annuities of which the sum of two hundred and fifty three pounds four shillings was afterwards sold to pay the expenses of the said sales whereby the said sum of thirteen thousand eight hundred and ninety four pounds five shillings and two pence was reduced to the sum of thirteen thousand six hundred and forty

[Page 3]

one pounds one shilling and two pence.

And whereas deed poll or instrument in writing under the respective hands and seals of the said John Peyto SHRUBB Francis STUARRY and Charles Thelwell ABBOTT bearing the date 1^st June 1829 an indorsed on the said deed poll 21^st December 1810 after reciting that the said sum of thirteen thousand six hundred and forty one pounds one shilling and two pence was then standing in the books of the Bank of England in the names of the said  John Peyto SHRUBB Francis STUARRY and Charles Thelwell ABBOTT and of the said Edward JACKSON. It was witnessed and the said John Peyto SHRUBB Francis STUARRY and Charles Thelwell ABBOTT with the [privity?] of the said  Richard Henry BUDD and me the said Susannah BUDD did thereby testify and declare that the said John Peyto SHRUBB Francis STUARRY and Charles Thelwell ABBOTT their executors admins and assigns would stand processed of the said sum of thirteen thousand six hundred and forty one pounds one shilling and two pence new four per cent consolidated Bank Annuities and dividends and annual produce thereof upon and for such like trusts intents and purposes and with under and subject to such and the like powers provisions declarations and agreements as in and by the said Indenture of Settlement of the 22^nd October 1799 and the therein within written deed pool and the deed poll of the 24^th January 1820 were expressed and declared of and concerning the monies to a [risor?] be produced by virtue or in exercise of the power of sale or exchange in the said Indenture of release and Settlement contained or such and so many of the same trusts intents and purposes powers provisions declarations and agreements as were then subsisting unrevoked undetermined and capable of taking effect.

And whereas I have issue now living by my late dear husband three sons William Henry BUDD[12] John Peyto BUDD[13] and James Herbert BUDD[14] and four daughters viz. Mary Elizabeth[15] now the wife of Frederick Charles WRIGHT of Kensington in the County of Middlesex Surgeon Susannah Pickstone BUDD[16], Sarah Anne BUDD[17] and Charlotte Rose[18] now the wife of Frank Isaac NALDER[19] of Crosscomb in the County of Somerset Gentleman.

Now I the said Susannah BUDD pursuant to and by force and virtue and in exercise and execution of the power or authority, powers or authorities to me for this purpose given limited or reserved or in me vested in or by the recited Indentures and Deed Poll or any of them and of all other powers or authorities in any wise enabling me in this behalf do by this my last will and testament in writing signed and published by me the said Susannah BUDD in the presence of three creditable persons whose names are intended to be hereupon indorsed as witnesses attesting the signing and publishing hereof by me the said Susannah BUDD direct and appoint that immediately from and after my decease all such of the messuages or tenements lands and other heredits comprised in and limited settled by the said recited Indentures of 21^st and 22^nd days October 1799 and 6^th and 7^th days of August 1805 as have not been conveyed or disposed of by way of absolute sale or exchange under the powers for such purpose

[Page 4]

in the said recited Indenture of Settlement contained. And all that the aforesaid sum of thirteen thousand six hundred and forty one pounds one shilling and two pence new four per cent consolidated Bank Annuities or stocks funds and securities upon which the same or any part thereof may be laid out and invested and all the monies if any which have arisen or been produced by the sale or exchange of any part of the said settled estate and all and singular the Lands and premises purchased or to be purchased with or out of the same or any part therefore and the rents issues interest dividends proceeds and produce thereof respectively shall be and remain to the uses and upon the trusts hereinafter contained (that is to say) one equal seventh part or share of all the said messuages or tenements lands heredits Bank annuities monies and premises hereinbefore appointed and the rents issues profits interest dividends and annual produce thereof the whole unto  seven equal parts or shares being considered as dividend in Tenancy in common shall be and remain to the use of and in trust for my eldest son the said William Henry BUDD his heirs and assigns for his and their absolute benefit.

And one other equal seventh part or share of and in the said heredits Bank annuities monies and premises shall be and remain to the use of and in trust for my second son the said John Peyto BUDD his heirs and assigns for his and their absolute use and benefit.

And one other equal seventh part or share of and in the said heredits Bank annuities monies and premises shall be and remain to the use of and in trust for my third son the said James Herbert BUDD his heirs and assigns for his and their absolute use and benefit.

And one other equal seventh part or share of and in the said heredits Bank annuities monies and premises shall be and remain to the use of and in trust for my second daughter the said Susannah Pickstone BUDD her heirs and assigns for her and their absolute use and benefit.

And one other equal seventh part or share of and in the said heredits Bank annuities monies and premises shall be and remain to the use of and in trust for my third daughter the said Sarah Anne BUDD her heirs and assigns for her and their absolute use and benefit.

And the two other or remaining equal seventh parts or shares of and in the said heredits Bank annuities monies and premises shall be and remain to the use of and in trust for my son the said John Peyto BUDD and daughter Sarah Anne BUDD  their heirs and assigns

But nevertheless as to one of the said equal seventh part or share of and in the said heredits Bank annuities monies and premises In trust for my daughter the said Mary Elizabeth WRIGHT her heirs and assigns and to be for her sole and separate use in manner hereinafter mentioned

As to the other of the said two remaining equal seventh parts or shares of and in the said heredits Bank annuities monies and premises In trust for my daughter the said Charlotte Rose NALDER her heirs and assigns and to be for her sole and separate use in manner hereinafter mentioned.

And I hereby further declare that in case my said son James Herbert BUDD shall depart this life under the age of twenty one years then the part or share of him the said James Herbert BUDD of and in the said messuages lands heredits Bank Annuities monies and premises hereinbefore by me limited and appointed to the use of or in trust for my said children as foresaid shall be remain to the use of and in trust for the survivor or survivors and others or other of then my said children their his or her heirs executors admins and assigns and to be divided between or amongst them if more than one in proportion

[Page 5] 

to their respective shares hereby limited to them in the said heredits and premises provided also and I do hereby direct and declare my Will and mind to be that during the minority of said son James Herbert BUDD the rents issues dividends produce and proceeds of his part or share of any in the said heredits Bank annuities monies and premises aforesaid shall be paid or applied in or towards his maintenance and education. And I declare that my said son John Peyto BUDD and daughter Sarah Anne BUDD their heirs and assigns shall stand and be seized and possessed of the said two last mentioned equal seventh parts or shares of and in the said messuages lands heredits Bank annuities monies and premises hereby appointed as aforesaid and any surviving or accruing part or share which shall have survived or accrued in respect thereof and the rents issues interest dividends and annual profits thereof respectively upon trust as to one of the said two remaining  equal seventh parts or shares of and in the said messuages lands heredits Bank annuities monies and premises any surviving or accruing part or share which shall have survived or accrued in respect thereof and the rents issues interest dividends and annual profits thereof respectively that they the said John Peyto BUDD and Sarah Anne BUDD their heirs and assigns shall during the joint lives of the said Frederick Charles WRIGHT and Mary Elizabeth WRIGHT pay the said rents issues and profits interest dividends and annual produce thereof into such person or persons only and for such trusts intents and purposes only as the said Mary Elizabeth WRIGHT notwithstanding her [cover?] and as if she were sole and unmarried shall by any writing under her hand direct or appoint But not so as to deprive herself of the benefit thereof by sale mortgage or other mode of anticipation and in default of such direction or appointment into her own proper hands for her sole separate and peculiar use and benefit independently and exclusively of the said  Frederick Charles WRIGHT and so as not be in [?] subject or liable to his debts control interference or engagement and her receipt or receipts in writing alone notwithstanding her Coventure to be good and sufficient discharges for the same and in case the said Frederick Charles WRIGHT shall depart this life in the lifetime of the said Mary Elizabeth WRIGHT then from and after his decease so shall stand and seized or possessed of the said last mentioned seventh part or share parts or shares of and in the said heredits Bank annuities monies and premises. In trust for her the said Mary Elizabeth WRIGHT her heirs and assigns But in case the said Mary Elizabeth WRIGHT shall depart this life in the lifetime of the said Frederick Charles WRIGHT then from and after her decease so shall stand and seized or possessed of the said last mentioned seventh part or share parts or shares In trust for such person or persons for such estate or estates in such parts shares and proportions manner and form as the said Mary Elizabeth WRIGHT at any time or times during her life and notwithstanding Coventure shall her last Will and Testament  in writing or any Codicil or Codicils thereto to be by her respectively signed and published in the presence of and attested by three or more credible witnesses direct and appoint. And so far as any such if incomplete shall not extend In trust for the heirs and assigns of the said Mary Elizabeth WRIGHT.

And upon trust as to the other of the said other of the said two remaining equal seventh parts or shares of and in the said messuages lands heredits Bank annuities

[Page 6]

monies and premises hereby appointed as aforesaid and any surviving or accruing part or share which shall have survived or accrued in respect thereof and the rents issues interest dividends and annual profits thereof respectively that they the said John Peyto BUDD and Sarah Anne BUDD their heirs and assigns shall during the joint lives of the said Frank Isaac NALDER and Charlotte Rose NALDER pay the said rents issues and profits interest dividends and annual produce thereof into such person or persons only and for such trusts intents and purposes only as the said Charlotte Rose NALDER notwithstanding her [cover?] and as if she were sole and unmarried shall by any writing under her hand direct or appoint But not so as to deprive herself of the benefit thereof by sale mortgage or other mode of anticipation and in default of such direction or appointment into her own proper hands for her sole separate and peculiar use and benefit independently and exclusively of the said  Frank Isaac NALDER and so as not be in [?] subject or liable to his debts control interference or engagement and her receipt or receipts in writing alone notwithstanding her Coventure to be good and sufficient discharges for the same and in case the said Frank Isaac NALDER shall depart this life in the lifetime of the said Charlotte Rose NALDER then from and after his decease so shall stand and seized or possessed of the said last mentioned seventh part or share parts or shares of and in the said heredits Bank annuities monies and premises. In trust for her the said Charlotte Rose NALDER her heirs and assigns But in case the said Charlotte Rose NALDER shall depart this life in the lifetime of the said Frank Isaac NALDER then from and after her decease so shall stand and seized or possessed of the said last mentioned seventh part or share parts or shares In trust for such person or persons for such estate or estates in such parts shares and proportions manner and form as the said Charlotte Rose NALDER at any time or times during her life and notwithstanding Coventure shall her last Will and Testament  in writing or any Codicil or Codicils thereto to be by her respectively signed and published in the presence of and attested by three or more credible witnesses direct and appoint. And so far as any such if incomplete shall not extend - In trust for the heirs and assigns of the said Charlotte Rose NALDER.

I give devise and bequeath unto my eldest son William Henry BUDD all my share right title and interest of and in the Continue called the White Hart Inn situate in the parish of Holy Trinity in Guildford aforesaid.  To hold the same unto my said William Henry BUDD absolutely for his own use and benefit.

I give and bequeath all my household goods furniture plate linen and china in manner following (that is to say) in case both my two daughters the said Susannah Pickstone BUDD and Sarah Anne BUDD shall be living and unmarried at the time of my decease then I give and bequeath the same unto my said daughters Susannah Pickstone BUDD and Sarah Anne BUDD equally to be divided between them share and share alike to their respective absolute use and benefit. But in case only one of my said daughters Susannah Pickstone BUDD and Sarah Anne BUDD shall be living and unmarried at the time of my decease then I give and bequeath all my household goods furniture plate linen and china to such unmarried daughter to her absolute use and benefit. And in the case both my said daughters shall depart this life in my lifetime or shall be married at the time of my decease then

[Page 7]

I direct the said household goods furniture plate linen and china shall be deemed and considered as part of the residue of my personal estate [?] after disposed of.

And I give and bequeath unto my said daughter Susannah Pickstone BUDD in case she be unmarried at the time of my decease but not otherwise a legacy or sum of one hundred pounds for her own absolute use and benefit.

And also and bequeath unto my said daughter Sarah Anne BUDD in case she be unmarried at the time of my decease but not otherwise a legacy or sum of one hundred pounds for her own absolute use and benefit.

The said legacies if payable to be paid within one calendar month next after my decease.

I give and bequeath unto the said Charles Thelwell Abbott Abel JENKINS[20] of New Inn in the county of Middlesex Gentlemen and Joseph HOCKLEY[21] of Guildford aforesaid Gentleman their heirs executors and admins all and singular my freehold and leasehold messuages farms lands tenements and heredits of what nature or kind soever and wheresoever situate of or to which I or any person or persons in trust for me am is or are seized or entitled whether in possession reversion remainder or expectancy or otherwise howsoever not hereinbefore otherwise disposed of except messages farm lands tenements heredits as are vested in me upon any trusts or by way of mortgage. To hold the same unto the use of the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors and admins and assigns  according to the respective  [?] and tenures thereof upon and for the uses trusts intents and purposes hereinafter expressed and declared of and concerning the same (that is to say). Upon trust that they the Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY or the survivors or survivor of them or the heirs executors and admins and assigns of such survivor. Do and shall with all convenient speed after my decease sell and dispose of all and singular my last mentioned freehold and leasehold  messuages farms lands tenements and heredits with their several and respective appurts either together or in parcels by public auction or private contract or partly by public auction and partly by private contract as to them or him shall seem best unto any person or persons who shall be willing to become and be the purchaser or purchasers thereof or any part thereof for the most money than can be reasonably gotten for the same.

And I hereby authorise empower and direct the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY or the survivors or survivor of them or the heirs and assigns of such survivor as soon as conveniently may be after my decease in the like manner to sell and dispose of all the copyhold messuages lands heredits belonging to me in possession reversion remainder or expectancy.

And it is my Will and desire and I hereby declare and direct that the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY or the survivors or survivor of them and the heirs executors admins and assigns of such survivor shall stand and be possessed of and hold the monies to arise or be gotten from the sale of said freehold copyhold leasehold  messuages farms lands tenements and heredits hereinbefore directed and authorised to be sold and disposed of and the rents issues intents and purposes hereinafter mentioned expressed and declared of and concerning the same.

I give and bequeath unto the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors

[Page 8]

admins and assigns all and singular my ready monies mortgages and securities for money.

And the rest residue and remainder of my personal estate wheresoever and what nature kind or quality soever the same may not hereinbefore specifically given or bequeathed.   Upon trust that they the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY and the survivors or survivor of them and the heirs executors admins and assigns of such survivor shall with all convenient speed after my decease sell and dispose of all such part and parts thereof as shall be in their nature saleable and do and shall call receive and get in all such part and parts there of shall consist of monies or securities for money.

And there by further will and direct that the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY and the survivors or survivor of them and the heirs executors admins and assigns of such survivor Do and shall stand possessed of and interested in the monies to arise by the sale of my said freehold copyhold leasehold  messuages farms lands tenements and heredits hereinbefore devised and directed to be sold and also of the monies to arise or be produced from my said personal estate and effects.

Upon trust that they the Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY and the survivors or survivor of them and the heirs executors admins and assigns of such survivor Do and shall by with and out of the same pay satisfy  and discharge my just debts and funeral expenses and testamentary expenses the costs charges and expenses of executing the trusts of this my will and do and shall divide all the residue or surplus which shall remain of the said monies after answering the trusts and purposes aforesaid into five equal parts and do and shall stand and be possessed of such five equal parts respectively.

In trust for any said son James Herbert BUDD and for the care of my said four daughters equally to be divided between or among them share and share alike and to be an interest vested in my said son James Herbert BUDD if he shall have attained the age of twenty one years at the time of my decease immediately after my death and if he shall be under twenty one years at the time of my decease immediately on his attaining  that age and to be an interests vested in my said daughters immediately after my death subject nevertheless to the trusts after declared concerning the part or share of my said daughter Charlotte Rose NALDER therein.

And I hereby declare that if son James Herbert BUDD shall depart this life under the age of twenty one years then the share of my son James Herbert BUDD or so much thereof as shall not been raised and paid or applied for the preferment or advancement in the world of my said son in pursuance of the power or authority for that purpose hereinafter contained shall go accrue and belong to my said daughters equally share and share alike provided always. And I do hereby declare that it shall and may be lawful to and for the Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY and the survivors or survivor of them and the heirs executors admins and assigns of such survivor at any time or times after my decease to levy and raise and to pay or apply for or towards the preferment or advancement or in any other manner for the benefit of my said son James Herbert BUDD if his portion shall not then be payable under the trusts aforesaid All or any part of his

[Page 9]

then presumptive portion under the trusts lastly hereinbefore expressed and contained.

And I hereby also declare that the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors admins and assigns Do and shall after my decease pay and apply for or towards the maintenance and education of my said son James Herbert BUDD if his portion under the trust aforesaid shall not then have become payable all or any part of the interest dividends and annual produce of his presumptive portion under the trusts hereinbefore contained.

And I hereby further declare that during the contingency of vesting of the share of my said son James Herbert BUDD of and in the said last mentioned trust monies they the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY and the survivors or survivor of them and the heirs executors admins and assigns of such survivor Do and shall layout and invest the same in their or his names or name in the purchase of a competent share or competent shares of the parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England or Wales and from to time alter vary and transpose the said trust monies stocks funds and securities for into or upon other stocks funds and securities of a like nature at their or his discretion and do and shall be possessed of and interested in all and singular the said trust monies stocks funds and securities and the interest dividends and annual produce thereof respectively upon and for the trusts intents and purposes and with under and subject to the powers provisions agreements and declarations herein expressed and contain of and concerning the part or share so to be laid out and invested as aforesaid provided always.

And I do hereby further declare my Will and mind to be that notwithstanding the trusts hereinbefore contained my said trustees or trustee for the time being shall stand and be possessed  of the part or share parts or shares as well original as by survivorship or accrue of my said daughter Charlotte Rose NALDER of and in the last mentioned trust monies upon the trusts following (that is to say) Upon trust that they the said the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY and the survivors or survivor of them and the heirs executors admins and assigns of such survivor Do and shall layout and invest the same in their or his names or name in the purchase of a competent share or competent shares of the parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England or Wales and from to time alter vary and transpose the said trust monies stocks funds and securities for into or upon other stocks funds and securities of a like nature but so that every such laying out investment alteration variation and transposition shall during the life of the said Charlotte Rose NALDER be made with her consent in writing notwithstanding her to [venture?].

And I do hereby further declare that the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors admins and assigns Do and shall stand and be possessed of and interested in all and singular the said last mentioned trust monies stocks funds and securities and the interest dividends and annual produce thereof. Upon trust they the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors admins and assigns Do and shall from time to time during the joint lives of the said Frank Isaac NALDER and Charlotte Rose NALDER pay the dividends and annual produce of the same trust monies stocks funds and securities unto such person or persons

[Page 10]

only and for such trusts intents and purposes only as the said Charlotte Rose NALDER notwithstanding her conventure and as if she were sole and unmarried shall by any writing under her hand direct or appoint. But not so as to deprive herself of the benefit thereof by sale mortgage charge or other mode of anticipation and in default of such direction or appointment into her own proper hands for her sole separate and peculiar use and benefit independently and exclusively of the said  Frank Isaac NALDER and so as not be in anywise subject or liable to his debts control interference or engagement and her receipt or receipts in writing alone notwithstanding her covenanture to be good and sufficient discharges for the same.

And I further declare that in case the Frank Isaac NALDER shall depart this life in the lifetime of the said Charlotte Rose NALDER then from and after the decease of the said Frank Isaac NALDER the said last mentioned trust monies stocks funds and securities and the interest dividends and annual produce thereof shall be in trust for my said daughter Charlotte Rose NALDER her executors and assigns for her and their absolute use and benefit.

But in case the said Frank Isaac NALDER shall survive the said Charlotte Rose NALDER then from and immediately after the decease of the said Charlotte Rose NALDER the said last mentioned trust monies stocks funds and securities and the interest dividends and annual produce thereof shall be in trust for all and every the children and child of my said Charlotte Rose NALDER who being sons or a son shall live to attain the age of twenty one years and daughters or daughter shall to live to a attain that age or marry and to be divided between if more than one in equal shares and if one such child then the whole to be In trust for that one child and if then shall be no such child then in trust for such person or persons as my daughter Charlotte Rose NALDER shall at any time during her life and notwithstanding covenanture by her last Will and Testament in writing or any Codicil or Codicils to be by her signed in the presence of and attested by one two or more credible witness or witnesses give devise or appoint the same.

And in default of any such gift or appointment and so far as any such gift or appointment if incomplete shall not extend. In trust for such person or persons as under and by virtue of the statues made and passed for the distribution of estates and effects of intestates would have been entitled thereto as the next of kin of the said Charlotte Rose NALDER in case she had died possessed thereof intestate and unmarried and to be divided between them if more than one in like shares in which such event they have been entitled thereto under the said statutes.

And I further declare that in the event of the said Charlotte Rose NALDER departing this life in the lifetime of the said Frank Isaac NALDER and during the suspense of vesting of the shares of any of her children under the trusts last aforesaid my said trustees or trustee shall pay and apply the interest dividends and annual produce of the presumptive and expectant shares of any such children for or towards his or her respective maintenance and education.

I give and devise and bequeath unto the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors admins and assigns all the estates which at the time of my decease shall be vested in me upon any trusts or by way of mortgage of which I have power to dispose by this my will with their rights members and appurts. To have

[Page 11]

and to hold the said estates unto the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY their heirs executors admins and assigns according to the nature and quality thereof respectively. Upon the several; trusts and subject to the equity of redemption which at the time of my decease shall be subsisting And capable of taking effect therein respectively. But the money secured by or upon any such mortgages shall be considered and taken as part of my personal estate.

And I hereby nominate and appoint the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY executors of this Last Will and Testament.

And I do hereby declare my will and mind to be that the receipt or receipts in writing of the said Charles Thelwell ABBOTT Abel JENKINS and Joseph HOCKLEY or the survivors or survivor of them or the heirs executors admins or assigns of such survivor or other of the trustees or trustee for the time being acting in execution of the trusts of this my Will shall effectively discharge the person or persons to whom the same shall be given his her or their heirs executors admins and assigns, from all liability on account of the misapplication or non-application. Nor shall any such person or persons be concerned to see to the application of the money therein respectively mentioned and acknowledged to be received or to enquire into the propriety expediency or [?ity] of any such sale or sales as aforesaid. 

And I do hereby authorise empower my said executors to pay any debts owning by me or charged from me upon any evidence they shall think proper and to accept any security real or personal for any debt or debts owning to me and also compromise or compound any debt or debts owning to me and to allow such time for the payment thereof as to them or him shall appear reasonable provided always.

And I do hereby further declare that if the said trustees herein nominated and appointed or any future trustee or trustees to be appointed in the stead or place of them or any of them as hereinafter is mentioned shall happen to die or be desirous of being discharged of and from or refuse decline or become incapable to act in the trusts hereby in them respectively reposed as aforesaid before. Then and in such case and when and so often as the shall happen if shall and be lawful to and for the surviving or continuing trustee or trustees for the time being or the executors or admins of the last surviving trustee for the time being of this my Will by any deed or deeds instrument or instruments in writing legally executed 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 all the trust estates monies and premises which shall be then vested in the trustee or trustees shall be either solely or jointly with the other trustee or trustees shall be thereupon with all convenient speed conveyed assigned and transferred in such sort and manner and so as that the same shall may be legally and effectively vested in the surviving or continuing trustee or trustees and such new or other trustee or trustees or of there shall be continuing trustee or trustees then in such new trustees only upon the same Trusts as are hereinbefore a declared of and concerning the same trusts estates monies and premises respectively or such of them as shall or may then subsisting

 [Page 12]

and capable of taking effect. And that every such new trustee or trustees shall and may in all things act and assist the management carrying on and execution of the trusts.  To which he or they shall be so appointed in conjunction with the other then surviving or continuing trustee or trustees if there shall be any such continuing trustee or trustees. If not then himself or themselves as fully and effectively and with all the same powers authorities whatsoever as if he or they had been originally hereby nominated trustee or trustees for the purposes aforesaid.

And I do hereby lastly declare that the said several trustees hereby nominated and appointed and every of them and the heirs executors admins and assigns of them and every of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed.  Notwithstanding his or their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sale of conformity.  And that any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the other or others of them but every of them only for his and their own acts receipts neglects or defaults respectively.  And that any one or more of them shall not be answerable or accountable for any Banker Broker Auctioneer or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the Trusts hereinbefore mentioned.  And that they or any of them shall not be answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said Trust monies or any art thereof of shall be placed out or invested nor for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto.  Except the same shall happen by or through their own wilful default respectively. And also that it shall and may be lawful to and for the said trustees hereby named and such future trustee or trustees to be appointed as aforesaid and every of them and their and every of their heirs executors admin and assigns by and end out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and to reimburse himself and themselves respectively.  And also to allow to his and their co-trustee and co-trustees all costs charges damages expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto. 

 In witness whereof I the said Susannah BUDD the Testatrix have to this my Last Will and Testament contained in sixteen sheets of paper set my hand and seal that is to say to the first fifteen sheets thereof my hand and to this sixteenth and last sheet thereof my hand and seal the 29^th day of August in the year of our Lord 1840. Susannah BUDD. Signed sealed and published and declared by the above named testatrix Susannah BUDD as and for her Last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses. John BRANSDEN. Martha SMEDMORE  George WHITE.

This is a codicil to be added to and taken as part

[Page 13]

of the Last Will and Testament of me Susannah BUDD the testatrix within written whereas I have already made some provision for my daughter Charlotte Rose NALDER by the settlement on her and her husband and issue of an estate recently purchased by me situate at Croscombe in the county of Somerset for the price of seven hundred and fifty pounds. Now I do hereby will and direct that on the division of my residuary estate the part or share by my said will given to or directed to be retained in trust for my daughter therein shall be less in value by the sum of seven hundred and fifty pounds than the respective parts or shares of the residuary legatees in my said will named it being my will and meaning that the said settlement hereinbefore mentioned should be taken and considered as part and parcel of the provision I originally intended for my said daughter Charlotte Rose NALDER. And I do hereby ratify and confirm my said will in all respects save as the same is hereby altered.

In witness whereof I the said Susannah BUDD the Testatrix have to this my Codicil set my hand and seal the 7^th day of September  in the year of our Lord 1840. Susannah BUDD. Signed sealed and published and declared by the above named testatrix Susannah BUDD as and for a Codicil to be added to and taken as part of her Last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses. Edmund VINCENT. Martha SMEDMORE George WHITE.

[end]