Nat Gould

Will of John Gillum 1698-1776

[[Summary]

[[Transcription]
In the Name of God Amen
I John Gillum of the Parish of Saint Leonard Shoreditch in the County of Middlesex Merchant being of sound Mind Memory and Understanding Thanks be to God for the same but considering the certainty of death and the uncertainty of the time thereof Do make and declare this my last Will and Testament as follows Vizt. Imprimis I direct that the Sum of three hundred and fifty three Pounds owing by me on a Bond dated on or about the tenth day of October one thousand seven hundred and sixty given to Nicholas Dukes and John Clements as Trustees for my dear Wife Elizabeth Gillum being part of her separate Estate and settled upon her before our Marriage be paid and satisfied out of my Estate and Effects within one year after my decease according to that Settlement And I give and bequeath to my loving Wife the said Elizabeth Gillum twenty Pounds for Mourning And I give and devise to her during her Life the House and Garden and Gateway and other Appurtenances thereunto belonging which I now occupy and to be held and enjoyed by her for Life in the same manner I now enjoy the same and that without paying any Rent or other consideration for the same Except discharging all Rates and Taxes to grow due and payable in respect thereof during her Life time the Land Tax and Water Rent and she also paying and distributing yearly during her Life at Christmas as I have done for some time past the Sum of Four Pounds to and amongst twenty Poor People in Coals Meat and Bread And I also give and bequeath to her my said Wife all my Household Goods and Furniture of Household Plate China Pictures and Jewells and all other Moveables and things in and about the House and Warehouse I now live and carry on my Trade in for her own use and benefit absolutely Except the Rings and wearing Apparel hereinafter given to my Son John Gillum And I recommend to her my said Wife to give to my to my [[sic] Son John Gillum such of these Household Goods and other Moveables and Things as she shall think proper and I also give to my said Wife the use of my best Diamond Ring during her Life And I also give and bequeath to my said Wife (in pursuance and satisfaction of a Bond entered into by me on this behalf before our Marriage) one Annuity or clearly yearly Sum of Eighty Pounds of lawful Currency of Great Britain to be paid to her or her assigns during her Life by four equal Quarterly Payments in the year free and clear of and from all Charges and Deductions whatsoever the first Quarterly Payment thereof to begin and be made on the first of the four common Quarter Days in the year which shall happen next after my decease And I also give to my said Wife Elizabeth Gillum my Printed Books and Book Case for her own use and Benefit And I give and bequeath unto my Son John Gillum the Sum of Forty Pounds for Mourning And the further Sum of fifty Pounds towards paying any debts he may have contracted or contract in the Country And I also I give to him my said Son John Gillum the Dividends or Interest of three hundred Pounds in the three Pounds Per Cent Consolidated Bank Annuities for and during the term of his natural Life And I also give and bequeath to my said Son John Gillum my Seal Ring and his Mothers Mourning Ring and all my wearing Apparel and (after my Wife’s death) my best Diamond Ring for his own use and benefit And I also give and bequeath to my said Son John Gillum one Annuity or clearly Sum of eighty Pounds of like lawful Money to be paid to him or his assigns by four equal Quarterly Payments in the year during the joint Lives of him and my said Wife free and clear of and from all Charges and Deductions whatsoever the first Quarterly Payment thereof to begin and be made on the first of the four common Quarter Days in the year which shall happen next after my death And from and after the death of my said Wife if my Son John Gillum shall be then living I give and bequeath to him (in lieu and stead of the said Annuity of eighty Pounds) one annuity or clear yearly Sum of one hundred Pounds of like lawful Money during his Life this Annuity to commence when the other ceases and to be payable in like manner clear of all Charges and Deductions whatsoever And I do hereby charge all those my Freehold Messuages or Tenements Livery Stable Barn Ground and Hereditaments with their and every of their Rights Members and Appurtenances situate in the Parish of Saint Leonard Shoreditch in the County of Middlesex in or near Worship Street otherwise Hogg Lane and a Place there called the Curtain and now or late in the several Hands or Occupations of Thomas Dowson and William Pearce Rebecca Edwards William Peary Charles Ross Samuel Tooth Thomas Cross George Slack William Walker Thomas Taylor John Scarlen Caleb Alford Shadrach Humblesby Thos. Stokes Wm. Jones Matthew Calcott Wm. Carter Thos. Butcher and Robert Burger and others (except the House with the Appurtenances devised to my said Wife for Life as hereinbefore mentioned) with the Payment of the said several annuitys or year Sums of eighty Pounds and eighty Pounds during the Lives of my said Wife and Son And with the said Annuity or yearly Sum of one hundred Pounds after my said Wifes death during my Sons Life And I do hereby authorize and empower my said Wife and Son and their assigns respectively in case the said several Annuities or yearly Sums or any part of either of them shall at any time be behind and unpaid by the space of Sixty Days next after any of the said Quarter Days of Payment whereon the same ought to be paid as aforesaid (altho’ no demand be made thereto) to enter into and upon the said several Messuages or Tenements and Premises so made subject thereto as aforesaid or any part or parts thereof and to have hold possess and enjoy the same and receive and take the Rents Issues and Profits thereof to his her and their own use and Benefit respectively until thereby or therewith or otherwise she he or they shall be fully paid and satisfied not only all arrears of the said respective Annuitys or of either of them or any part of them but all such payments of the said Annuities or either of them as shall incur during such Possession And all Costs Charges and Expences which she he or they shall lay out or be put unto by reason or means of the nonpayment of the said Annuities or either of them at the times hereinbefore limitted and appointed for payment of the same respectively And I give and bequeath to my said Wife and my Executors hereinafter named the Sum of one hundred Pounds of three Pounds Per Cent. Consolidated Bank Annuities transferrable at the Bank of England In Trust to pay and apply the Interest Dividends and Produce to arise from time to time therefrom when and as she shall think fit during her Life and as they shall think fit after her death for or towards the Maintenance Cloathing and Education of Christopher Gillum Waggitt and Ann Waggitt or either of them Children of my Niece Mary Waggitt the wife of Christopher Gillum Waggitt of Gun Street in the old Artillery Ground in the County of Middlesex in such Proportions Manner and sort as she my said Wife and my said Executors shall in their own discretion think proper without any Controul therein and until my said Great Nephew and Niece shall respectively attain the age of twenty three Years and then the Principal to be transferred to them equally share and share alike or to the survivor of them but if neither of them the said Charles Gillum Waggitt and Ann Waggitt shall live to become intitled thereto Then I direct that the same fall into and go in increase of the Residuum of my Personal Estate And I give and bequeath to my Friends Mr. Robert Davis of the Parish of Saint Leonard Shoreditch in the said County of Middlesex Cheesemonger and Mr. William Ramsay of the Parish of Saint Mary Winterchapel in the said of County of Middlesex Gentleman and Mr. William Grice ten Guineas each for Mourning And I nominate constitute and appoint them the said Robert Davis William Ramsay and William Grice Executors of this my Will and Trustees for the Interests and Purposes herein mentioned And I give to my Friend Mr. Stevens Cotton of Spittal Square in the County of Middlesex Gentleman ten Guineas for Mourning and I do also request he will aid and assist my Wife in her affairs And I give to my Daughter in Law Mary Gillum late Wife of my Son William Gillum deceased and her three Children William Gillum Thomas Gillum and Raphael Gillum the Sum of Five Pounds each for Mourning the same to be paid to the Mother for her and the Children’s use And I give to each of the fourteen Persons following a Ring of a Guinea value each Vizt. to my Wife my Son John Gillum my late Son’s Wife the said Robert Davis and his Wife the said William Ramsay and his Wife and the said William Grice and his Wife Mr. Stevens Cotton and his Wife Mr. Dukes my Nephew Mr. William Gillum and Captain Anthony Buskin and his Wife Item I give and bequeath to my Grandson William Gillum my Gold Watch to be delivered to him when my said Wife if living or my Executors after her death shall think him capable of wearing and taking care of the same and if he shall not live to have the same delivered to him then I give the same to my Grandson Thomas Gillum on the like terms or contingencys And if he shall not live to have the same delivered to him Then I give the same in like manner to my other Grand Child the said Raphael Gillum And I desire that my Funeral Expences may not exceed the Sum of thirty Pounds And I give and bequeath to my Godson Anthony Buskin Son of the said Captain Anthony Buskin the Sum of twenty Pounds to be paid to his Father for the use of his said Son And I direct that the Legacys for Mourning be paid immediately on my death and that the other Money Legacies be paid within three Months after my death And I give and bequeath to my sd. Executors and Trustees the Sum of One thousand five hundred Pounds Three and an half Pounds Per Cent Bank Annuities of the year one thousand seven hundred and fifty eight now standing in my Name in the Books kept at the Bank of England In Trust to assign and transfer the same or the Stocks Funds or Securitys wherein the produce thereof shall be vested to and equally between such of my said three Grand Children William Gillum Thomas Gillum and Raphael Gillum as shall survive me and shall then have attained or shall afterwards attain the age of twenty three years And if no such Child shall live to become intitled thereto Then In Trust to assign and transfer the Stocks Funds or Securities wherein the said one thousand five hundred Pounds shall be then vested to and equally between such of the Children of my Son John Gillum as shall be then living that is when this Contingency shall happen and shall then have attained or shall afterwards attain the said age of twenty three years And if no Child of my Son John Gillum shall live to become intitled thereto Then In Trust to assign and transfer these Stocks Funds or Securities to my own then next of kin (that is when this contingency happens) in equal degree and the Representatives of such according to the Statutes made for or concerning the distribution of Intestate Estates And to or for no other intent or purpose whatsoever And all the Rest and Residue of my Personal Estate and Effects I give and bequeath to my said Wife Elizabeth Gillum her Executors administrators and assigns for her and their own use and benefit for ever or according to my Right and Interest to and in the same and subject to such Powers and Directions as I have hereinafter given to my Executors and Trustees concerning my Freehold Estates and Also subject to and charged and chargeable with the several annuities given to my said Wife and Son John respectively as is hereinbefore mentioned And to such Powers Authoritys and Methods for or concerning the recovering and receiveing the same as are hereinbefore given or provided in that behalf as well as any others Provided or given by Act of Parliament And also Subject to my Wife’s Interest in the House devised to her during her Life as hereinbefore mentioned I give and devise all my Freehold Estate and Messuages or Tenements and other Hereditaments whatsoever in manner following (that is to say) as to all my three Freehold Messuages and Tenements And all those my Freehold Livery Stables with their and every of their appurtenances situate lying and being in the said Parish of Saint Leonard Shoreditch in the County of Middlesex aforesaid and now in the several Tenures or Occupations of Thomas Dowson and William Pearce William Peary and Charles Ross I give and devise the same unto my said Grandson the said William Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my Grandson the said Thomas Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my Grandson the said Raphael Gillum and the Heirs of his Body lawfully to be begotten And in default of such Issue I give and devise the same to my own right Heirs for ever And as to all that my Freehold Messuage or Tenement and garden and the Gateway and other Appurtenances thereunto belonging which I now occupy and also all that my Freehold Barn and all those my nine Freehold Messuages or Tenements with the Ground and Garden hereunto belonging and their and every of the their appurtenances situate lying and being in the said Parish of Saint Leonard Shoreditch in the County of Middlesex aforesaid and now in the several Tenures or Occupations of Rebecca Edwards Caleb Alford Shadrach Humblesby Thomas Stokes William Jones Matthew Calcott William Carter Thomas Butcher and Robert Burger I give and devise the same unto my Grandson the said Thomas Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my Grandson the said William Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my Grandson the said Raphael Gillum and the Heirs of his Body lawfully to be begotten And in default of such Issue I give and devise the same to my own Right Heirs for ever and as to all those my six Freehold Messuages or Tenements with their and every of their appurtenances situate lying and being in the said Parish of Saint Leonard Shoreditch in the County of Middlesex aforesaid and now in the several Tenures or Occupations of Samuel Tooth George Slack Thomas Cross William Walker Thomas Taylor and John Scarlen I give and devise the same unto my Grandson the said Raphael Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my Grandson the said William Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my Grandson the said Thomas Gillum and the Heirs of his Body lawfully to be begotten and in default of such Issue I give and devise the same to my own Right Heirs for ever And my Mind and Will is and therefore I direct that altho’ my Wife and Son shall and may from time to time take their Annuitys aforesaid out of or from such Rents or Tenants of my Estates as they shall respectively think proper yet each of my three said three Grandsons shall as between themselves contribute one equal third part of such Annuities or Annuity from time to time as the same shall grow due And this notwithstanding I may not hereby have devised the said Estates in exact or equal third parts to them respectively as aforesaid and I do hereby direct that all Deeds Papers and Writings relating to the before mentioned estates shall be and remain in the Hands of the said William Ramsay my Executor for the Benefit of the Parties interested therein he giving them when of majority? Age and my other Executors in the meantime an Acknowledgement that the same are in his Custody ready to be produced as occasion shall require the common accidents excepted and I do hereby and further direct that the Sum of Fifty pounds shall be expended out of the Dividends or Interest of the said one thousand five hundred Pounds three and an half Pounds Per Cent Annuities in repairing of the Stables aforesaid in the occupation of the said Thomas Dowson and William Pearce when the Lease under which they hold the same is expired Provided always and it is my Mind and Will and therefore I do hereby empower and direct that my said Executors and Trustees and any other Person or Persons to be chosen and appointed to be a Trustee of Trustees for or concerning the Trust Premises respectively in the manner hereinafter mentioned may and shall during the Infancy of the Person or Persons designed to be intitled to my Freehold Estates receive the Rents and Profits thereof and order and manage the same for the Benefit of such Person or Persons respectively and lay out and expend and pay out of the Rents and Profits of my said Freehold Estate or any part thereof such Sum or Sums of Money as shall be necessary or as they shall think necessary as will in the repairing and keeping in repair the same Estate and in the insurance thereof in case of Loss by or by means of Fire and in paying the Taxes Water Rent and all other Charges Outgoings and Expences payable in respect thereof or charged or chargeable on the same as in altering or empowering the same or any part thereof for the benefit of the persons designed to be intitled thereto as herein is mentioned and I do hereby also provide and declare my Mind and Will to be that it shall and may be lawfull to and for all or any of the said Trustees hereinbefore named and appointed or hereafter to be chosen and appointed as aforesaid for or concerning the said Freehold Estate during the Infancy of the Person or Persons designed to be intitled thereto respectively as aforesaid by any Deed or Deeds indented sealed and delivered in the presence of and attested by two or more credible Witnesses to demise or lease the said Messuages or Tenements Stables Ground or other Hereditaments or any Part or Parts thereof save the House with its Appurtenances devised to my said Wife during her Life as aforesaid and during the continuance of such her Life Interest therein to any Person or Persons for any time or term or terms of years not exceeding the term of sixty one years to commence from any time before or at or within three calendar months after the making such deed or deeds respectively reserving thereupon the full yearly value thereof or so much as the same shall produce to me at or shortly before my death respectively at his or their option so nevertheless as all and every such Lease and Leases contain the common and usual Covenants Clauses and Provisoes in such cases accustomed and the Lessee or Lessees therein to be named do at the time of times of making the same respectively duly execute a true Counterpart or Counterparts in the presence of two or more credible Witnesses and the same be attested by them and delivered to the Lessor or Lessors therein named to be kept and go along with the Possession of the Premises thereby respectively leased by Virtue of or under this my Will and also that all or any of the Trustees hereinbefore named and appointed or hereafter to be chosen and appointed in pursuance of this my Will for or concerning as well my Freehold Estate as the said one thousand five hundred pounds so given In Trust as aforesaid may and shall lay out and invest all or any Moneys in their Hands by virtue thereof and arising either from the Surplus Rents and Profits of my said Freehold Estate (unappropriated for any of the purposes aforesaid) or form the Dividends and Interest of the Stocks Funds or Securities wherein the said one thousand five hundred pounds shall be invested in pursuance hereof or otherwise either by way of purchase or at interest in any of the Government or Public Stocks Funds or Securitys for the Benefit and advantage and therefore at the ? of the Person or Persons designed to be intitled to the Trust Securitys or Estates from whence those Surplus Moneys shall arise It being my Mind and Will that as these surplus Moneys shall from time to time amount to a competent Sum the same shall be added to the Principal Stocks Funds or Securitys wherein the said one thousand five hundred pounds shall be vested and go and belong to the Person or Persons who shall become intitled to such Principal Stocks Funds or Securities which they shall so become intitled thereto under this my Will And also that it shall and may be lawful to and for the Trustees or Trustee for or concerning the Trust Premises respectively for the time being by the direction or with the Privity and Consent in writing of the Person or Persons presumptively intitled to or interested therein for the time being if he she or they be of years of Discretion and otherwise without such Consent from time to time as often as shall be thought proper to choose and appoint by Deed or Writing signed in the presence of and attested by two or more credible Witnesses some other Person or Persons whom they shall think Trustee or Trustees for all or any of the Trusts and Purposes herein contained together with or in the place and stead of them the said Trustees for the time being or any of them and thereupon all or any Estates Moneys Stocks or Securities remaining or being subject to the Trusts and Purposes aforesaid may and shall be paid transferred and conveyed in such manner and form as that such Trustee or Trustees so to be chosen and appointed may and shall from thenceforth together with or in the place and stead of the said Trustees for the time being or any of them (as the Case shall be) be legally intitled to and interested in the same to and for the several Trusts Intents and Purposes aforesaid or such of them as for the time being shall remain ? and no ways determined so as and to the end that the same Trusts Intents and Purposes may be the better or more probably executed and effected by a convenient number of fit and proper Trustees from time to time during the continuance thereof And also that it shall and may be lawful to and for any of the said Trustees for or concerning the Premises for the time being by the like direction or with the like Privity and Consent in writing or without (as the case may be) at any time or times to give up and release his or their Right to or Interest in the Trust Premises respectively or any part thereof to the others or other of them and that such Trustees from time to time as often as shall be thought fit and proper by such direction or with such Privity and Consent in Writing or without (as the case shall be) shall or may exchange and alter or sell and dispose of all or any Stocks Funds or Securities in their Names in pursuance hereof and in the place and stead thereof buy purchase or secure other like Stocks Funds or Securities to and for the several Trusts Interests and Purposes aforesaid respectively or such of them as for the time being shall remain undetermined and also that neither of the trustees hereinbefore named and appointed or hereafter to be chosen and appointed as aforesaid nor any of any of the Heirs Executors or Administrators shall be chargeable with or liable to make good any Loss or Damage which shall or make happen by their or any of their placing out or vesting any Moneys in (or exchanging altering or disposing of) any Stocks Funds or Securities as aforesaid or otherwise acting in the Execution of all or any of the Trusts and Powers herein contained without their respective wilfull neglect default or collusion or shall be answerable of accountable for any Moneys or Securities by them or any of them paid or delivered to any others or other of them or for any payment made to or any Receipt or other Act Deed or Default of any other or others of them or for or related to the premises that the said Trustees and each and every of them and their and each and every of their Heirs Executors and Administrators may deduct and retain to themselves respectively out of the Dividends and Rents of the said Trust Premises respectively or if that Fund shall not be sufficient for that purpose then out of the Trust Premises respectively all such Moneys as they shall expend or lay out in or about the execution of any Trusts or Powers in them reposed or by reason or means thereof But that all Charges and Expences unnecessarily occasioned concerning any particular part of my Estate and Effects or any Particular Legacy or Bequest in this my Will shall be paid by the Person or Persons occasioning such Expence and further I do hereby declare my Mind and Will to be and I therefore provide and direct that if any Person or Persons designed to be intitled to any Sum of Money or any Freehold Estate under this my Will or any Friend or Friends of any or either of them on their or any or either of their Behalf so or shall at any times or times hereafter seek or claim or endeavour to obtain by Suit in Law or Equity or otherwise any part or share of or in my Estate or Effects contrary to this my Will or cite my Executors or either of them in any Ecclesiastical Court or Courts to exhibit or deliver into any such court or courts or otherwise any Inventory or Inventorys Account or Accounts of or any way relating to or concerning my Estate or Effects or making any Demand on my said Executors or any or either of them contrary to this my Will or otherwise than to receive the several Legacys and Shares or Proportions or my Real and Personal Estate and Effects intended for them respectively as herein is mentioned or shall any way molest disturb interrupt or hinder or endeavour to molest disturb interrupt or hinder my Executors or any or either of them in the Execution of this my Will or any part of the Trusts hereby reposed in them and also if any person or persons intitled or designed to be intitled to any Sum of Money under this my Will and enabled in point of his her or their legal Capacity to execute such Release as hereinafter mentioned by having attained the Age of twenty one years shall not within three Months next after my decease give and execute to my said Executors a confirmation of this my Will and good and sufficient Releases and Discharges from all claims and demands on my Estate and Effects and every part thereof other than under this my Will then and in such case all the Legacies devises Bequests sum and Sums of Money herein contained and designed for the Person or Persons neglecting to execute such Release or Releases and that without my request by my Executors or any or either of them in this behalf It not being in least my Inclination on any account to enjoin that any such Request shall be made by my Executors or any or either of them shall not be payable to them or any of them but shall go and belong and accordingly I give and devise the same to my said Wife and Residuary Legatee her Heirs Executors Administrators and Assigns for ever or according to my Right and Interest to and in the same respectively for her and their own use and benefit absolutely And I revoke all other Wills by me made In Witness whereof I the said John Gillum the Testator have to the first thirteen Sheets hereof set my hand and to this fourteenth and last Sheet hereof my hand and Seal this twenty fourth day of October in the year of our Lord one thousand seven hundred and seventy six John Gillum LS
Signed sealed published declared and delivered by the said John Gillum the Testator 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 hereunto subscribed our names as witnesses Jacob Kirkley Chambers Jons Robert Kell Clerks to Mr Cotton

This Will was proved at London the second day of June in the year of our Lord one thousand seven hundred and seventy seven before the Worshipful William Compton Doctor of Laws Surrogate of the Right Worshipfull Sir George Hay Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Robert Davis William Ramsey and William Grice the Executors named in the said Will to whom the Administration of all and singular the Goods Chattells and Credits of the deceased was granted having been first sworn duly to administer.