The Will of Pennistone Topper
Transcribed by Lesly Huxley, Dec 2021. Names are highlighted in bold. Question marks represent words or letters I have been unable to read.
From image at Ancestry
Pennistone Topper
In the name of God Amen I Pennistone Topper of Ebury Street
in the Parish of St George Hanover Square in the County of Middlesex Gentleman
do make publish and declare this my last will and testament in manner following
that is to say ffirst I desire to be buried in my own vault or burying place at
or near Bayswater in the Parish of St George Hanover Square and my ffuneral to
be managed and conducted at discretion of my dear wife Ann Topper and my
executors hereinafter named and I direct that all my just debts ffuneral
expenses and the charges of proving this my will may be duly satisfied and paid
by my executors hereinafter named with all convenient speed after my decease
also I give and bequeathe unto my ffriends and trustees Thomas Shefford of Old
Burlington Street in the County of Middlesex Gentleman ^ [inserted in margin]
and Henry Madgwick of Pimlico in the said County of Middlesex Gentleman all
that my ffreehold messuage and dwelling house with the appurts situate and
being in Orchard Street Westminster in the said County of Middlesex now in the
occupation of Thomas Brown Ffarrier to hold to them and their heirs upon trust
to permit my dear wife Ann Topper and her assigns to ?derive the rents shares? and profits thereof and every part thereof for and during the term of her
natural life to and for their own use and benefit and upon further trust from
and after the decease of my said wife to convey and assure my said ffreehold
messuage or dwelling house with the appurtenances unto and to the use and
benefit of my sons Pennistone Topper and George Topper and my daughters Diana
Lintott now the wife of James Lintott Caroline Topper Mary Ann Topper and
Charlotte Topper their heirs and assigns absolutely for ever equally to be
divided between or amongst them share and share alike as tenants in common and
not as joint tenants also I give and bequeathe unto my said dear wife Ann
Topper so much and such part of my household goods ffurniture plate linen china
and other my household goods and effects that I shall die possessed of as she
my said wife shall make choice of at or after the time of my decease to hold to
her my said wife absolutely as and for her own absolute goods chattels property
and effects and whereas I am entitled to certain leasehold premises in the
occupation of Mr James Stevens Hatter situate and being in St James Street
Westminster aforesaid and which I have let to him at a certain yearly rent
which after deducting the ground rent thereof produces me during the term of
his lease clear and net yearly rent or sum of one hundred and thirty pounds per
annum which I divide by half yearly payments now I give devise and bequeathe
the same premises and the rent received and made payable to me by the same
James Stevens {or is it Harris?) the occupier thereof when due and payable and
all arrears and future payments due and to grow due thereon and all my Estate
Right Reversion and interest thereon unto my said ffriends Thomas Shefford and
Henry Madgwick Their executors and administrators upon trust that they or the
survivor of them or the executors and administrators of such survivor shall and
do from time to time lay out or invest or cause the net said yearly rent or sum
of one hundred and thirty pounds payable or to be paid in respect of the said
leasehold premises in Saint James Street aforesaid and all arrears and future
accruing payments thereof when and as the same shall grow due and payable and
be received in their own names or name in or upon some of the Parliamentary
shares or ffunds or upon Real or other Government security or securities at
interest upon the several trusts and to and for the several intents and
purposes hereinafter expressed and ? of and concerning same and as to and for
concerning all my ready monies and all other monies debts owing and which are
and shall be secured or due or owing to me at my decease upon Bills Bonds notes
or otherwise and all monies in the shares or ffunds or upon Government or other
security or securities at interest and all and singular the rest and residue of
my household goods ffurniture plate linen china and effects as shall remain
after my said wife shall have made her choice as aforesaid I give devise and
bequeathe the same debts monies Bills Bonds Notes Shares ffunds or securities
household ffurniture goods and effects except as before excepted and bequeathed
and all and singular other rest and residue and remainder of my goods chattels
estate property and effects whatsoever and wheresoever and of what nature or
kind soever not hereinbefore already by this my will otherwise bequeathed or
disposed of unto my said Ffriends Thomas Shefford and Henry Madgwick their
executors administrators and assigns absolutely as and for their own absolute
property according to the nature and quality thereof upon the trusts ? and to
and for the intents and purposes hereinafter expressed and declared of and
concerning the same respectively that is to say upon trust that they the said
Thomas Shefford and Henry Madgwick or the survivor of them or the
executors or administrators of such
survivor shall and do with all convenient speed next after my decease sell and
absolutely dispose of my said remaining household goods ffurniture plate linen
china and effects after my said wife’s having made her choisc thereof as
aforesaid and subject to publick auction or by private contract as to them my said
trustees shall seem most fit and beneficial to any person or persons whomsoever
for the most money or best price or prices that can be had or obtained for the
same and shall and do with all convenient speed next after my decease call or
collect in demand interest or receive of and all and every person or persons
who is are or shall be indebted to me or be liable to pay or account for the
same every and all my debts and debts due and dues of money which at my decease
shall be owing or secured or made payable to me upon simple contract and upon bills
bonds notes or other securities whatsoever when and as soon as the same shall
become due and payable or recoverable and also sell out and dispose of or
otherwise continue in their names at interest all my money in the ffunds which
shall be vested or laid in or upon real or government security or securities as
they my said trustees shall think most advisable upon further trust that they
the said trustees Thomas Shefford and Henry Madgwick and the survivor of them
their executors or administrators of them and so as soon as conveniently maybe
afterwards pay out and invest all the clear monies all produce to arise and be
produced by and from such sale or sales and disposition and so to be called in
collected recovered and received when and as the same shall be got in and
received after satisfying and paying all my just debts ffuneral and testamentary
expenses and deductions of all costs charges and expenses attending the
execution of this my will and the performance of the trust hereby declared in
their or his own names or name in or upon some of the Parliamentary shares or
funds or upon real or government security or securities at interest and I do
hereby voice declare and direct that they the said trustees shall stand and be
possessed of and interested in as well the aforesaid that yearly rent of one hundred and thirty pounds and the notes ffunds and securities wherein the same monies
^[inserted in the margin: shall from time to time be ? and
invested by them in their names aforesaid on the pursuance of this my will and
the trusts hereinbefore declared thereof as also of and in the said ? monies so
to arise and be produced by or form any sale or sales or disposition and so to
be called in collected recovered or received as aforesaid the notes ffunds
securities wherein the same ….
shall be so laid out
and invested by them as aforesaid upon trust that they said Thomas Shefford and
Henry Madgwick and the survivor of them or the executors or administrators of
such survivor shall and do from time to time during the life of my said dear
wife Ann Topper pay to or otherwise permit and suffer and fully authorise and
empower her my said wife and her assigns to receive and take the dividends
interest and annual produce of the said trust monies and securities as and when
the same shall become due and payable to and for her and their own use and
benefit and from and immediately after the decease of her my said wife Ann Topper
then upon trust that they the said Thomas Shefford and Henry Madgwick or the
survivor of them his executors or administrators shall and do thenceforth stand
and are possessed of and interested in all the residue of my said trust monies
shares ffunds and securities and the interest dividends and proceeds thereof in
trust for ? and to pay Transfer and assign the same and every part thereof unto
and amongst my said Sons and daughters namely Penniston Topper George Topper
^[inserted in the margin: Diana Lintott Caroline Topper and
Mary Ann Topper]
and Charlotte Topper equally to be divided between them share
and share alike as tenants in common and not as joint tenants and to for or upon
no other trust intent or purpose whatsoever provided always and my will is and
I do hereby expressly declare that the several ? and requests heretobefore made
to or in trust for my said children or any or either of them shall not lapse or
become void by the deaths or ? of the same children or any or either of them in
my lifetime it being my intention and desire that the executors or
administrators of such of my said children as shall happen to die in my
lifetime shall as upon my decease succeed or become entitled to the share or
shares of and in my said estates effects hereinbefore given and stated to or in
trust for them my said children as aforesaid as fully and effectually as such
child or children himself herself or themselves would have done in case he she
they had survived anything to the contrary thereof not withstanding and I do hereby
nominate constitute and appoint the said Thomas Shefford and Henry Madgwick
trusted executors of this my last will and testament and I give and bequeath to
each of them a legacy of one guinea each for mourning rings as a small
acknowledgement for the trouble they will have in the execution of this my will
and the trusts hereby stated and I do hereby so declare that they my said
trustees and executors their executors administrators or assigns shall not be
charged or chargeable with or accountable for any more of the said trust monies
and premises than they respectively actually shall receive or shall come to
their respective hands by virtue of this my will nor with or for any loss which
shall or may happen of or to the same so as such loss happen without their
respective wilful default nor the one for the other of them nor for the acts
deeds receipts or disbursements of the other of them but both of them only for
his own acts deeds receipts disbursements and defaults and also that it shall
be careful? for my said trustees and executors and each of them and each of
their executors and administrators in first place by and out of the aforesaid
respective trust monies and premises to deduct and reimburse to them all such
costs charges and expenses as they or any of them shall sustain or be put into for
or by reason of the trusts hereby in them reposed all the management or
execution thereof or any other thing in any wise relating thereto and lastly I
do hereby revoke and make void of all and other wills by me at any time
heretofore made and declare this only to be my last will and testament in
witness whereof the said Penniston Topper have to this my last will and
testament contained in this and four proceeding sheets of paper subscribed and
set my hand and seal that is to say my hand to the bottom of each of the said
four proceeding sheets and my hand and seal to the ffifth or last sheet of
paper this 12th day of October in the year of our lord 1803 Penniston Topper
signed sealed published and declared by the said Penniston Topper the testator
as for his last Will and Testament in the presence of us who in his presence
and at his request and in the presence of each other have subscribed our names
as witnesses thereto
? Salt? Broadway Westminster ? Salt?
This will was proved at London the 19th day of March in the
year of our lord 1804 before the worshipful Charles Coste doctor of laws surrogate
of the right honourable sir William ? Knight also doctor of laws master keeper
and commissioner of the prerogative Court of Canterbury lawfully instituted by
the oath of Thomas Shefford and Henry Madgwick the executors named in the said
will to whom administration of all and singular the goods chattels and trusts
of the deceased was granted having been first sworn duly to administer.
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