Will of Thomas Hudson 1852
Will of Thomas Hudson
Will - 29th June 1850
Codicil - 13th April 1852
This is the last will and testament of me THOMAS HUDSON of Park Crescent, London and of Cheswardine Hall, in the County of Salop, Esquire.
I appoint John Alers Stanley of Fenchurch Street in the City of London Esquire and Rowland Nevitt Bennett Lincolns Inn in the County of Middlesex Esquire and my nephew John Donaldson Esquire Executors and Trustees of this my will.
I bequeath to my dear wife Frances Hudson all wines liquors linen and china which shall be at or belong to my said Mansion House of Cheswardine Hall at the time of my decease and all my carriages and carriage horses with their harness and all jewels and personal ornaments used by her and in which I have any legal property for her absolute use.
I also bequeath to her a clear annuity of eight hundred pounds sterling for her natural life if she shall so long continue my widow in addition to the income and other provisions to which she will be entitled under out marriage Settlement which I hereby confirm and I direct that the said annuity shall be paid to her by equal quarterly portions to be computed from the day of my decease and the first payment to be made at the expiration of three calendar months next thereafter.
I bequeath all my plate and plated articles whatsoever the same may be and all my books pictures and household furniture and effects not specifically bequeathed and which shall be in or about or belong to my said Mansion House of Cheswardine Hall at my decease (except monies and securities for money) unto the said John Alers Stanley, Rowland Nevitt Bennett and John Donaldson their executors administrators and assigns upon trust to permit my said wife so long as she shall continue my widow to use and enjoy my said plate and plated articles and also so long as she shall occupy my said Mansion House under the trusts for that purpose hereinafter contained to use and to enjoy therein but not elsewhere my said books pictures and household furniture and effects
And I direct an inventory or inventories to be signed by my said wife and kept by my trustees of the articles of which she shall claim the use or enjoyment under these trusts but that she shall not be answerable for the reasonable wear or deterioration of any of the said articles occasioned by the ordinary use thereof and not by wilful neglect or default and after the decease or marriage of my said wife I direct all the said articles ----- and other effects to be sold and that the product of such sale shall….-ary personal estate unless my Trustees shall find(?) it absolutely…or any of the last mentioned articles with my said M…..case I authorise them to defer the sale of all or any articles for the purpose of such….give and devise to my nephew Robert Donaldson his heirs……all my real estate at Madeira subject to any charges….also charged with the payment of any debts which still shall…. By me at Madeira at the time of my death and I give to each of my Nephews Charles Donaldson, John Donaldson and ------- Donaldson a legacy of ----hundred pounds.
I give to my great nephew Thomas Donaldson the son of my said nephew John Donaldson an annuity of five hundred pounds to commence from the time of his attaining the age of twenty one years and to continue until he shall attain the age of twenty five years and from that time I give him in lieu thereof an annuity of one thousand pounds during the remainder of his life provided he shall not become bankrupt or take (?) the benefit of any Act of Parliament passed for the relief of insolvent debtors or make or attempt to make any assignment charge mortgage or other disposition of the said annuities or either of them in which case the said annuity shall absolutely cease and I give to my great niece Anne Donaldson daughter of the said John Donaldson an annuity of five hundred pounds during her life for her sole and separate use independently and exclusively of any husband she may marry but so that she shall not have power to deprive herself of the benefit thereof by sale mortgage charge or other disposition in the way of anticipation and her receipts(?) alone(?) to be given (?) discharges for the same.
I give to Mary Dobson an annuity of eighty pounds for her natural life for her sole and separate use and an annuity of forty pounds to Margaret Morgan for her natural life for her sole and separate use and I direct all the said annuities shall be paid by equal half yearly payments on each Twenty Fourth day of June and Twenty Fifth day of December out of my personal estate but in case the same should prove deficient for the purpose I hereby charge my real estate in aid(?) thereof.
I bequeath all my residuary personal estate whatsoever which shall remain after payment of my debts and funeral and testamentary expenses and the Legacies and annuities given by this will or any Codicil or Codicils hereto (including the funds comprised in or subject to the trusts of my Marriage Settlement and which upon the decease of my said wife will revert to me or to my estate) unto the said John Alers Stanley, Rowland Nevitt Bennett and John Donaldson their executors administrators or assigns Upon trust that they or the survivor or survivors of them his executors or administrators and their or his assigns do and shall as soon as conveniently may be after my decease call in collect and convert into money all my said residuary estate which shall not consist of stock in some of the public funds of Great Britain or of Government or real securities in England or Wales or of such other securities or investments held by me at my decease as my said Trustees shall think it advantageous to retain and continue (which I authorise them to do) and do and shall lay out and invest all the monies which shall arise from such Stock or Public funds of Great Britain or at interest upon Government or real Securities in England or Wales or the Securities or debentures of any Railway Company in England controlled by Act of Parliament And do and shall stand possessed of and interested in all My said residuary personal estate and the stock funds securities and investments in or upon which the same shall be laid out or of which the same shall consist in the meantime and until the same shall be disposed of in ………………… as to my said Mansion House called Cheswardine Hall with the outbuildings gardens and pleasure grounds belonging thereto as the same are now in my occupation to permit my said wife as long a she shall continue my widow and desire to avail herself of the Trust to reside in and enjoy the same but for her personal occupation only and not with any power to let or alienate her interest in the same hereditaments or part thereof and so that she shall at her own cost during the period of such her occupation keep the said hereditaments in good tenantable repair and condition And unto my said Mansion House and last mentioned hereditaments after the determination of and in the meantime subject to the interest of my said wife therein under the foregoing Trust And as to all the other any real estate hereby devised from and immediately after my decease Upon the trusts and subject to the powers and provisions hereinafter declared and contained concerning the same And I declare that any such …….and I direct my Trustees from time to time as occasion shall arise to lay out and invest all my said residuary personal trust estate and the funds produced by investment and accumulation of the income thereof and of my real trust estate respectively in the purchase of Manors messuages lands or other hereditaments in England or Wales to be selected for this purpose at their discretion and which respectively shall be held for a clear estate of fee simple in possession or for a copyhold or customary estate of inheritance in fee simple in possession or being leasehold shall be held for a term or terms of years of which at least sixty years shall be unexpired and within copyhold and leasehold hereditaments respectively shall be intermixed with……… and I also authorise my Trustees from time to time to make such alterations and repairs of the buildings on my trust estates or any part thereof and such additions to or diminutions of the same buildings and to make such improvements by draining and fencing the same or the making of approaches to or roads on the same or otherwise and to effect and keep up such insurances against loss by fire as they shall think expedient and to apply any monies to the purposes aforesaid or any of them which could be otherwise subject to the trusts created by me for the purchase of real estates as aforesaid and I further authorise my Trustees to employ and reimburse out of my trust estates such bailiffs surveyors agents and others for all or any of the purposes aforesaid as they shall think fit and that they shall not be responsible for the ….……………………….after the last mentioned date then all such purchased hereditaments shall immediately upon the purchase or acquisition thereof be in like manner limited and settled to the same uses and in the same manner as nearly as may be (that is to say) as to all my said Manors and Freehold messuages land and other hereditaments with their appurtenances To the use of my Great Nephew Charles Donaldson the second son of my said Nephew John Donaldson and his assigns during his life without impeachment of waste and from and after the decease of the said Charles Donaldson To the use of his first and other Sons respectively according to their seniority entail male and for default of Such issue To the use of Thomas Donaldson (the eldest son of the said John Donaldson) and his assigns during his life [etc etc]…..
… Anne Donaldson….. her sons…..
… Charles Donaldson… his sons…. his daughters
… Thomas Donaldson….his sons…his daughters
… Anne Donaldson….her daughters…
…Nephew Robert Donaldson….
…. Great
Nephew [blank] Donaldson the only son of the said Robert Donaldson and his assigns during his life without impeachment of waste And from and after the decease of the said [blank] Donaldson To the….………………………………..And I direct my said Trustees in the Settlement or Settlements to be made of my said Freehold hereditaments to cause conditions or proper provisions to be made requiring the said Charles Donaldson, Thomas Donaldson, Anne Donaldson, Robert Donaldson and [blank] Donaldson as and when they shall respectively become beneficially entitled in possession to my said trust estates for the term of his or her life and also any husband of the said Anne Donaldson if she shall become entitled in possession thereupon or previously to assume the name (?) of Hudson as his or her only last surname and also to assume and use my family arms quartered and with his or her own family arms or --------- and to apply for and obtain without delay the Sicture(?) of the ----- or other sufficient authority for the purposes aforesaid and thenceforth upon all occasions to use continue to use in manner aforesaid my said name and arms under the penalty of forfeiting his or her life estate or interest…………………In witness whereof I the said Thomas Hudson the testator have to this my last Will and Testament set my hand this twenty ninth day of June in the year of our Lord One thousand eight hundred and fifty ------Thomas Hudson----Signed by
the said Thomas Hudson the Testator in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses -------Benjamin Fields
Lincolns Inn ------------- John Payn Clerk to Messrs Jones Bateman Bennett
Fields Lincolns Inn
THIS IS A CODICIL to the Will of Thomas Hudson
Of Park Crescent London and of Cheswardine Hall in the County of Salop Esquire I appoint William Blamire of Harley Street in the County of Middlesex Esquire to be Executor and Trustee of my said Will for all intents and purposes in the place of John Alers Stanley who is appointed a Trustee and Executor of my said Will and to act jointly with Rowland Nevett Bennett and John Donaldson the two other Executors and Trustees therein named And whereas I have by a settlement dated the Twelfth day of April now Instant made certain provisions for the benefit of my great nephew Thomas Donaldson and my great Niece Anne Donaldson and for Mary Dobson and Margaret Morgan respectively for whom provision is made by my said Will Now I hereby revoke the annuities of five hundred pounds and one thousand pounds by my said Will given to or for the benefit of the said Thomas Donaldson and the annuity of five hundred pounds thereby given to or in favour of my said great Niece Anne Donaldson and the annuities of Eighty pounds and forty pounds thereby respectively given to the said Mary Dobson and Margaret Morgan respectively And in all other respects I ratify my said Will and also the said settlement and I hereby confirm the several provisions thereof respectively I give to my said Trustees and Executors the said William Blamire, John Donaldson and Rowland Nevitt Bennett the sum of ten thousand pounds to be appropriated by them in the first instant out of monies owing to me by the firm of S--ry and John Donaldson of Mark Lane in the City of London and I direct the same sum to be invested in the names of my Trustees in some or one of the securities mentioned in my said Will and thereby authorised as an investment or upon shares or stock of any Railway or other Company legally incorporated with full power to vary the same from time to time for or into other Of the like nature And I declare that my Trustees shall be at liberty to allow the debt due from the said firm to remain outstanding on their personal Security so long as they my said Trustees shall think proper without incurring any responsibility whatever for so doing And I direct them my said Trustees to accumulate the said sum of ten thousand pounds by way of compound interest by investing the income in some or one of the securities aforesaid until the said Thomas Donaldson shall attain the age of twenty five years or previously die and on his attaining such age I direct the said sum of ten thousand pounds with the accumulations to be paid ---- and transferred to him the said Thomas Donaldson absolutely but should he die under the age of twenty five years leaving any child or children living at his decease then and in such case I direct my said Trustees to hold the said sum of ten thousand pounds and accumulations and investments thereof Upon trust for all and every the children or child of the said Thomas Donaldson who shall survive him and 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 previously marry equally to be divided between or among them if more than one with power to apply the income of the share of each such child for his or her maintenance and education during his or her minority And in case the said Thomas Donaldson shall be under the age of twenty five years and without leaving any child who being a son shall attain the age of twenty one years or being a daughter shall attain that age or be married then I direct the said sum of ten thousand pounds and its accumulations and the income thereof shall be held upon and for such trusts and purposes as are in and by the said settlement declared of and concerning the trust funds and premises therein comprised and the income thereof or as near thereto as may be but so as not to increase or multiply charges In witness whereof I the said Thomas Hudson the Testator have to this Codicil of my last Will and Testament set my hand this thirteenth day of April in the year of our Lord One thousand eight hundred and fifty two
--Thomas Hudson --- Signed and declared by the said Thomas Hudson the Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto submitted our names as witnesses -----Wm Jenner 8 Albany Street ---- Constantin Martin Butler to Mr Hudson