Location: Southwark, Surrey, England

Surname/tag: Bowditch
Will of Stephen Bowditch of Old Gravel Lane, St Saviour, Southwark
Made 4 Jun 1793
Proved 11 Feb 1802 at the Prerogative Court of Canterbury.
In the name of God Amen I Stephen Bowditch of Old Gravel Lane in the parish of St Saviours in the county of Surrey Bricklayer being in health of body and of sound mind memeory and understanding praised be to Almighty God for the same, but mindful of my mortality, do hereby make and publish my last will and testament in manner following (that is to say):
First and principally I recommend my soul to Almighty God who gave me birth.
I desire that my body may be privately and securely[?] interred at the discretion of my executors hereinafter named and that all my just debts funeral expenses and the proving this my will be in the next instance duly paid and satisfied and as to such worldly estate whereof I shall be at the time of my death possessed I dispose thereof as follows.
I give devise and bequeath all my real and personal estates whatsoever and weheresoever unto my good friend Edward Staffe[?] of Bexley in the county of Kent Gentleman my dear and loving wife Jane Bowditch and my eldest son who shall be living at the time of my death (upon his attaining the age of twenty one years) their heirs executors admons and assigns to hold to them their heirs executors and admons; Upon the trust and for their uses intents and purposes hereinafter expressed and declared concerning that same (that is to say):
That they my Executors or Admons or such survivor as and shall so soon as conveniently may be after my death call in and receive all such debts sum or sums of money as shall be due or owing unto me at the time of my death and after payment as aforesaid of all my just debts and funeral expenses I direct that my said wife may have and take the residue thereof together with all such ready monies as I may die posseessed of together with all my stock in trade household goods and furniture plate silver and china for her own sole and separate use.
And also In trust that my said trustees or the survivor of them do collect and receive the rents monies and profits of all and every my Real and Leasehold Estates from time to time as the same shall become payable (after deducting thereout all such sum and sums of money as may be paid for or on account of any rent or taxes or for or an amount of any repairs to be done for the said premises or any part thereof) to dispose and apply the same as follows (that is to say):
To pay and allow or permit and suffer my said wife to have and take for her own sole use one clear annually or yearly sum of thirty pounds of good and lawful money of Great Britain to commence and be computed from the time of my death for and during the term of her natural life provided my said wife shall continue unmarried but in case my said wife shall think proper to intermaryy or cohabit with any man after my decease then I direct that she shall forfeit such annuity and that the payment thereof shall from thenceforth cease. And in case of such forfeiture I direct that my said trustees do pay and allow her the annual sum of fifteen pounds only in lieu thereof.
And also upon this further trust that my said executors or the survivor of them do pay and apply the residue of my said freehold and leasehold estates or a sufficient part thereof for and towards the maintenance education support and bringing up of all and every my children as I shall have living or that my said wife may be ensient with at the time of my death until my said children shall severally and respectively attain their several and respective ages of twenty one years. To place the residue of the monies arising from the rents and fines[?] of my real and leasehold estates upon Government or other good securities and [...?] and as my said children shall severally and respectively attain their ages of twenty one years In trust to pay them their respective parts or shares of and in my said estates as the same shall be received after deducting thereout the monies poid out in repairs as thereinafter mentioned and also to pay assign transfer and convey all the said residue of the monies arising out of my said estates with the interest and produce thereof as shall have been applied for and towards the maintenance and education of my said children as aforesaid or for putting any or either of them to Business or otherwise advancing any or either of them in life pursuant to the power hereinafter contained equally unto and amongst all my said children when and as they shall respectively have attained their aforesaid ages of twenty one years. But in case any of my said children shall die before they attain such ages of twenty one years and then in trust to pay assign and convey the part or share of such dead child or children unto and amongst my surviving children equally share and share alike and if one child only shall live to attain the age of twenty one years then to pay transfer and assign all the residue of my said estates and effects and the aforesaid produce thereof or such part thereof as shall remain unapplied as aforesaid unto such only child subject to the annuity of my said wife. But if all and every of my said children shall happen to die under age then In trust to assign transfer and convey all my estate and effects as aforesaid unto my said wife Jane Bowditch her heirs and assigns for ever.
And I also direct my said trustees and their survivior of them or the heirs executors or assigns of such survivor from time to time surviving the minority of my said children to survey my said real and leasehold estates and cause the same to be repaired as the same be found necessary and the expense attending the same shall be borne and paid out of the rents and proceeds thereof and I also direct and empower my said trustees from time to time as often as they shall think proper to alter and change the securities on which the residue of my estate and effects shall hereafter be placed out for the better disposal thereof and to place the same upon other good securities as they shall think best and I do hereby also authorize and empower my said trustees to apply the respective part or share of any or either of my said children of and in the residue of my said estate for putting any or either of my said children out for Businesws or any suitable employ or for setting him her or them up in business or advancing him her or them respecively in any employ or otherwise for his her or their respective advancement in the world.
And it is my will that my eldest son upon his attaining the age of twenty one years shall carry on and have the business of a bricklayer which I now follow but that such business as to the trade or good will thereof shall be fairly valued by two persons in that trade competent and who has a knowledge thereon out to be chosen by the said Edward Staffe one of the executors hereinafter named and that the determination of such persons so to be chosen as to the value thereof shall be final and binding to each party and it is my will that the sum of money that such persons so to be chosen as to the value thereoif shall be final and binding to each party and it is my will that the sum of money that such business may be valued at as aforesaid be deducted from and out of his (my said son's) respective part or share of my estate bequeathed as aforesaid. And I do direct my said trustees to make such deduction accordingly and if such business be found to be of more value than his share of and in my said estate then I do direct that he render such overplus to my said trustees for the benefit of my other children and if he shall refuse to submit to such [....?] as aforesaid or the money so to be deducted or to repay the overplus: if any as aforesaid then I direct thet he be precluded[?] from having or receiving any part or share of and in my said estate and from all benefit and advantage under this my will
And it is also my wish and I do direct my said trustees to permit and suffer my son who shall first attain the age of twenty five years to collect and receive the rents and profits of my said estates and act as sole trustee therein and to have the general management thereof and (after payment of my wifes said annuity which I hereby direct may be paid her quarterly) to pay and divide the residue according to the directions of this my will provided nevertheless. And I do direct that my said son holding such trust shall twice a year on the twenty fourth day of June and the twenty fifth day of December in every year make out a fair and correct amount of all received upon such trust and likewise all such sum and sums of money as he shall lay out and expend in repairs of the premises or otherwise as aforesaid or any monies that he may receive or pay by virtue of this my will and deliver the same to my other executors and if he shall waste or embezzle any monies so to be received in trust by him as aforesaid then he shall be precluded from acting any further in the said trust. And in case any monies shall be deficient or any loss shall happen through the mismanagement or neglect of my said son while holding such trust as aforesaid then I direct and empower my said other trustees to make deduction out of the monies that shall be coming to him under this my will.
And if no son attain the age of twenty five years then to my daughter who shall first happen to attain such age after my decease being unmarried but subject to the like conditions and restrictions
And it is my express wish and desire that if my wife shall think proper to marry that the said annuity of fifteen pounds per year as aforesaid shall not be under the control of her husband nor subject nor liable to the payment of his debts and that her receipt or receipts of my said wife alone shall be a sufficient authority to discharge my trustees from the payment thereof. And it is likewise my will and I alos direct that the like monies coming to my daughters under the like restrictions.
And it is also my will and intention that my said trustees or either of them shall not be liable to answer or make good any loss or losses that shall or may happen in the management of my estate and effects or in placing out the trust monies or in transacting any money affairs or otherwise relating to or concerning of the trusts mentioned in this my will unless the same shall appear to happen by or through their or any or either of their wilful neglect or default nor shall either of them my said trustees be answerable or accountable for the acts deeds receipts or disbursments of the other of them. But each of them shall be answerable only for his or her own separate acts deeds receipts and disbursements. And I do hereby direct that my said trustees or any or either of them shall and may pay and reimburse themselves out of my estate and effects all reasonable and necessary costs charges and expenses whatsoever that they or either of them shall or may bear pay or put unto or sustain in or about the execution of this my will or the trust hereby in them reposed.
And lastly I do hereby nominate constitute and appoint the said Edward Staffe and my said wife Jane Bowditch and my said eldest son joint executors of this my last will and testament and I do hereby nominate constitute and appoint my said wife, so long as she shall contiinue my widow and no longer, sole guardian of my children.
And I do hereby revoke and make void all and every other will and wills by me at any time heretofore made and declare this to be my last will and testament. In witness whereof I have to this my last will (contained in three sheets of paper to the two first set my hand and to the last my hand and seal the fourth day of June in the year of our Lord one thousand seven hundred and ninety three.
Stephen Bowditch
Signed sealed published and declared by the executor Stephen Bowditch as and 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.
T Mather S Hughes
This will was proved at London the eleventh day of February in the year of our Lord one thousand eight hundred and two before the Worshipful James Houry Arnold Doctor of Laws and Surrogate of the Right Honorable Sir William Coyne Knight Doctor of Laws Master Rector or Commissary of the Prerpogative Court of Canterbury lawfully constituted by the oath of Jane Bowditch widow the relict of the deceased and one of the executors named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn duly to administer power reserved of making the like grant to Edward Staffe and John Bowditch the eldest son and as such the other executors named in the said will when they or either of them shall apply for the same.
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