The last Will and Testament of
John Burnell Esq
(Died 1789, Former Lord Mayor of London)
In the Name of God Amen
I John Burnell of Clapham in the County of Surrey Esquire, being of sound disposing mind, memory and understanding blessed be almighty God do make this my last Will and Testament in manner following (that is to say). First it is my will and I do hereby desire to be buried in my vault which I have caused to be built in the Parish Church yard of Waltham in the County of Berks. and in order to defray the expense of my funeral I do hereby give and appropriate the sum of One hundred pounds of lawful money of Great Britain and I do hereby Give and bequeath unto my Trustees here after named the further sum of One hundred pounds of like lawful money to be by them laid out and expounded in Erecting a Tomb Stone or Monument to my memory and the memory of my late dear wife deceased to be placed as ?___ our remains as conveniently may be. Here I Give and bequeath unto all and every the aldermen of the City of London a mourning ring each of the value of One Guinea and unto the Six Common Council men of Aldgate Ward each a mourning ring of the like value. Here I give and bequeath unto the Trustees of the Charity School of Aldgate ward aforesaid the sum of fifty pounds of lawful money of Great Britain for the use of the said charity. Here I Give and bequeath unto my worthy friends Mr Silly and Mr Potts each a mourning ring value One Guinea. Here I Give and bequeath unto the Trustees of the Charity School of St Martin in the Field the sum of One hundred pounds of like money for the use of said charity. Here I Give and bequeath unto my worthy friend Thomas Smith of Saint James's Market, Butcher the sum of fifty pounds of like money. Here I Give and bequeath unto Thomas House my Coachman if he shall be living with me at the time of my decease the sum of fifty pounds of like money. I also give and bequeath unto my maid servants Lucy and Sarah provided they shall be living with me at the time of my decease the sum of ten Guineas each all which said legacies I desire may be paid within one month next after my decease. Here I Give and bequeath unto Richard Wray of the Strand in the Parish of St Martin in the Fields in the county of Middlesex, Broker and Henry Smith of Waltham in the County of Berks., Farmer the sum of Five hundred pounds of lawful money of Great Britain now due to me from George Hodgson or his assigns upon a mortgage of a messuages or tenement land and premises situate in the Kings private road Chelsea in the County of Middlesex also the sum of five hundred pounds due to me on a bond from Mr Mead also the sum of nine hundred pounds and interest due to me on mortgage of a messuages or tenements and premises at the Kings Mews Charring Cross also the sum of one hundred pounds of like money due to me on bond from Mr Andrews of Charring Cross, Apothecary, and also the further sum of two hundred pounds of like money due to me on bond from Mr South upon trust to call in the said several sums of money and all interest that shall be due thereon so soon as conveniently may be after my decease and pay the same unto my dear niece Susannah Tebbs wife of Benjamin Tebbs of Castle Street Loicester? fields in the said County of Middlesex, Brandy? Merchant or unto such person or persons and in such parts shares and proportions ?manner and form and for such interest and purposes only as the said Susannah Tebbs shall from time to time during and notwithstanding her present or any future coverture by any note or notes instrument or instruments in writing or by her last will and testament in writing which said note or notes instrument or instruments in writing and last will she the said Susannah Tebbs is hereby enabled and empowered to make and execute shall give, direct, dispose, limit or appoint the same and I Give and bequeath unto my said niece Susannah Tebbs all my furniture, plate, ?____, China and wearing apparel that I shall be possessed of at the time of my decease save and except the several fixtures respectively belonging to my several messuages or tenements and premises. Here I give and divide unto the said Richard Wray and Henry Smith all those my messuages or tenements garden ground and premises with the appurtenances situate and being at Chelsea aforesaid in the said County of Middlesex which I purchased of the said George Hodgson and which are held under the Rectory of Chelsea for three heirs(?) to hold the said several messuages or tenements garden ground and premises unto the said Richard Wray and Henry Smith and the survivors of them and the heirs executors and administrators of such survivor forever or according to my estate therein upon trust to permit and suffer or otherwise authorize and empower the said Susannah Tebbs to have receive and take the rents issues and profits thereof and every part thereof for and during the term of her natural life and for her own use and benefit separate and apart from her present or any future husband and her receipt or receipts alone notwithstanding her coverture shall from time to time and at all times be a sufficient discharge or discharges to my said trustees or the tenants or occupiers of the same premises for such rents issues and profits and from and immediately after the death of the said Susannah Tebbs their I give and devise the said messuages or tenements garden ground and premises with the appurtenances unto the said Benjamin Tebbs his heirs Executors administrators and assigns for ever or according to my estate or interest their in. Here I give and devise unto my nephew Martin Burnell son of my late brother Martin Burnell my freehold messuages or tenements Land and premises situate and being at Woodlesworth(?) in the parish of Riddell(?) in the County of York to hold my said nephew and his heirs and assigns for ever upon this express condition nevertheless that my said nephew Martin Burnell shall not sell or dispose of the said estate to any person or persons whomsoever out of the family of the Burnells. Here I give and devise unto John Smith now living with Messrs Roberts and Potts, Pawtry, Cooks my freeholds messuages or tenements and premises in Rupert Street now in the tenure or occupation of to hold to him his heirs and assigns for ever and all the rest, residue and remainder of my freehold messuages or tenements Lands hereditaments and premises whatsoever and wheresoever and of what nature or kind soever. I give and devise the same unto the said Richard Wray and Benjamin Tebbs rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
hold the same unto the said Richard Wray and Benjamin Tebbs and the survivor of them and the heirs executors and administrators of such survivor upon trust to permit and suffer or otherwise authorise and empower my nephew John Burnell (son of my late brother George Burnell) to receive the rents issues and profits of my said estates for and during the term of his natural life on condition nevertheless that he do and shall keep the said several messuages or tenements and premises in good and sufficient repair and pay all taxes and out goings affecting the said estates and also subject to and I do hereby charge and make chargeable the said last mentioned messuages or tenements Lands hereditaments and premises and every part thereof with the payment of one annuity or clear yearly sum of forty pounds which I hereby give and bequeath unto my servant Elizabeth Mathers for and during the term of her natural life to be paid quarterly clear of all taxes and deductions whatsoever on the four most usual feasts or quarter days of payment in the year the first payment thereof to begin and be made on the feast or quarter day which shall happen next after my decease and from and immediately after the decease of my said nephew then upon further trust that they the said Richard Wray and Benjamin Tebbs or the survivors of them or the heirs executors or administrators of such survivor do and shall so soon as conveniently maybe sell and dispose of all my said last mentioned messuages or tenements Lands hereditaments and premises with the appurtenances subject to the payment of the said annuity of forty pounds to my said maid servant Elizabeth Mathers if she shall be then living either by public or private sale together with the fixtures there unto belonging for the most money and best price that can be had or got for the same and the money arising by such sale to pay and equally divide among all and every the sons and daughters of my late brother Martin Burnell and my late Sisters Jane Boggett, Elizabeth Tebbs and Hannah Pearson share and share alike but in case any of the sons and daughters of my said late brother Martin and my said late sisters Jane, Elizabeth and Hannah shall be then dead and in such case upon Trust to pay and divide the share or shares of him her or them so dying among all and every the respective children as shall be then living share and share alike upon his her or their attaining the age of twenty one years it being my will and intention that the children of such of my nephews and nieces as shall be their dead shall be equally entitled to their deceased parents share of the produce of my said last mentioned Estates. Here I give and bequeath unto the said Richard Wray, Benjamin Tebbs, and John Burnell (son of my said late Brother George Burnell) the sum of two Thousand pounds three per cent Bank annuity Stock now standing in my Name in the Bank of England upon trust to permit and suffer or otherwise to authorise and impower my Sister in law Mary Burnell (the widow of my said late Brother George Burnell) to receive the Interest, Dividends, and proceeds thereof for and during the term of her natural life and from and after her decease there upon trust to permit and suffer or otherwise authorise and empower my said niece Susannah Tebbs to receive and take the interest and dividends thereof to and for her separate use and benefit for and during the term of her natural life and from and after her decease then it is my will and I do hereby direct that the said sum of two thousand pounds three per cent Bank Annuity Stock shall sink into and be considered as part of the residue of my Estate hereinafter disposed of. Here I give and bequeath unto the said Richard Wray, Benjamin Tebbs, John Burnell (Son of my said late Brother George Burnell) and Martin Burnell (Son of my said late Brother Martin Burnell) the sum of four thousand pounds four per cent Bank annuity Stock upon Trust to permit and suffer or otherwise authorize and impower George Burnell (Son of my said late Brother Martin Burnell) to receive the interest and dividends thereof for and during the term of his natural life and from and after the decease of the said George Burnell upon trust to pay and divide the said sum of four thousand pounds four per cent Bank annuity stock among all and every the children of the said George Burnell share and share alike upon his, her or their attaining their respective ages of twenty one years the interest and dividends thereof in the mean time to be paid and applied for and towards their maintenance and education but in case of the death of any of the said children of the said George Burnell before they attain their respective ages of twenty one years there upon trust to pay or transfer the share or shares of him or her or their so dying to the survivors or survivor of them in equal shares and porportions . Here I give and bequeath unto the said Richard Wray, Benjamin Tebbs, John Burnell (Son of my said late Brother George Burnell) and Martin Burnell (Son of my said late Brother Martin Burnell) the sum of four thousand pounds four per cent Bank annuity stock upon trust to permit and suffer or otherwise and empower John Burnell (Son of my said late Brother Martin Burnell) to receive the interest and dividends thereof for and during the term of his natural life and from and after the decease of the said John Burnell upon trust to pay and divide the said sum of four thousand pounds Bank annuity stock among all and every the children of the said John Burnell share and share alike upon his, her, or their attaining their respective ages of twenty one years the interest and dividends thereof in the mean time to be paid and applied for and toward their maintenance and education but in case of the death of any of the said children of the said John Burnell before they attain their respective ages of twenty one years there upon trust to pay or transfer the share or shares of him, her, or them so dying to the survivors or survivor of them in equal shares and proportions. Here I give and bequeath unto the said Richard Wray, Benjamin Tebbs, John Burnell (Son of my said late Brother George Burnell) and Martin Burnell (Son of my said late Brother Martin Burnell) the further sum of four thousand pounds four per cent Bank annuity stock upon trust to permit and suffer or otherwise authorize and empower James Burnell (Son of my said late Brother Martin Burnell) to receive the interest and dividends thereof for and during the term of his natural life and from and after the decease of the said James Burnell upon trust to pay and divide the said sum of four thousand pound four percent Bank annuity stock among all and every the children of the said James Burnell share and share alike upon his, her, or them attaining their respective ages of twenty one years the interest and dividends thereof in the mean time to be paid and applied for and toward their maintenance and education but in case of the death of any of the said children of the Said James Burnell before they attain their respective ages of twenty one years there upon trust to pay or transfer the share or shares of him, her, or them so dying to the survivors or survivor of them in equal shares and proportions. Here I give and bequeath unto the said Richard Wray, Benjamin Tebbs, John Burnell (Son of my said late Brother George Burnell) and Martin Burnell (Son of my said late Brother Martin Burnell) the like sum of four thousand pounds four per cent Bank annuity stock upon trust to pay the interest and dividends thereof as the same shall become due and payable unto my niece Hannah Hindle (daughter of my said late brother Martin Burnell and wife of William Hindle) for and during the term of her natural life separate and apart from her present or any future husband and not to be liable to his or their debts controul engagements and that her receipt or receipts alone notwithstanding her coverture shall from time to time be a sufficient discharge or discharges to my said trustees for such interest and dividends and from and after the decease of the said Hannah Hindle there upon trust to pay and divide the said sum of four thousand pounds four per cent Bank annuity stock among all and every the children of the said Hannah Hindle share and share alike upon his or their attaining their respective ages of twenty one years the interest and dividends thereof in the mean time to be paid and applied for and towards children of the said Hannah Hindle shall happen to die before he she or they shall attain their respective ages of twenty one years then and in such case upon trust to pay and divide the share or shares of him her or their so dying among the survivors or survivor of them share and share alike. Here I give and bequeath unto my said nephew Martin Burnell (Son of my late Brother Martin Burnell) the sum of four thousand pounds four per cent Bank annuity stock to be paid or transferred to him within six months after my decease but in case my said nephew shall happen to die during my lifetime, here I give and bequeath the said sum of four thousand pounds four per cent Bank annuity stock unto and among all and every the children of my said nephew lawfully begotten share and share alike, but in case there should be only one then the whole to go to such only child. Here I give and bequeath unto Elizabeth Boggett now at Clapham aforesaid granddaughter of my said late sister Jane Boggett the sum of one hundred pounds of lawful money of Great Britain. I also give and bequeath unto Elizabeth Bilson the sum of two hundred pounds of like money (?________________________) all which said legacies I desire may be paid within six months next after my decease . Here I give and bequeath unto the said Richard Wray, Benjamin Tebbs, John Burnell (Son of my said late Brother George Burnell) and Martin Burnell son of my said late Brother Martin Burnell the sum of one thousand pounds five per cent annuity stock upon trust to permit and suffer or otherwise authorize and empower James Boggett (son of my said late sister Jane Boggett) to receive the interest dividends and proceeds thereof for and during the term of his natural life and from and after the decease of the said James Bogget then upon trust to pay and divide the said sum of one thousand pounds five per cent Bank annuity stock among all and every the Children of the said James Boggett share and share alike upon his or their attaining respective ages of twenty one years the interest and dividends thereof in the mean time to be paid and applied for and towards their maintenance and education but in case of the death of any of the said children of the said James Boggett before they attain their respective ages of twenty one years. Then upon Trust to pay the share or shares of him, her, or them so dying to the survivors or survivor of them in equal shares and proportions. Here I Give and Bequeath unto Clarke now working with Mr Henry Smith of Waltham in the County of Berks., the sum of two hundred pounds of lawful money of Great Britain. I also give and bequeath unto the said Richard Wray Benjamin Tebbs John Burnell (son of my said late Brother George Burnell) and Henry Smith four of my Trustees hereby and herein named and appointed the sum of one hundred pounds each of like money. Here I Give and Bequeath unto and among all and every the Sons and Daughters of my late Sisters Jane Boggett, Elizabeth Tebbs, Hannah Pearson the sum of two thousand three hundred pounds of lawful money of Great Britain to be equally divided among them share and share alike and in case any of the Sons and Daughters of my said sisters shall be then dead then and in such case I do hereby give and bequeath the share or shares of him her or them so dying among all and every their respective children that shall be then living share and share alike upon his her or their attaining their respective ages of twenty one years the interest dividends and proceeds thereof in the mean time to be paid and applied for and towards their maintenance and education during their respective minority. Here I Give and Bequeath unto Jane Tebbs the daughter of the said Benjamin Tebbs by Jane Tebbs his former wife deceased the sum of one thousand pounds five per cent annuity stock to be paid or transferred to her within one month next after my decease. Here I give and Bequeath unto the said Benjamin Tebbs the sum of two thousand one hundred pounds and interest due to me on mortgage from Henry White Esquire and also the sum of five hundred pounds due to me on bond from the Trustees of Islington Turnpike. Here I Give and Bequeath unto the said Richard Wray, and my said nephews John Burnell and Benjamin Tebbs the sum of twelve thousand five hundred pounds stock that is to say seven thousand five hundred pounds stock of the Chamber of the City of London and five thousands pounds four per cent Bank annuity stock upon Trust to pay and divide the same equally among all and every the Children of my said nephew Benjamin Tebbs share alike so soon as they shall attain their respective ages of twenty one years the interest and dividends thereof in the mean time to be paid to or received by the said Benjamin Tebbs for and towards their education and bringing up during their respective minority but in case of the Children of the said Benjamin Tebbs shall happen to die during his her or their minority (leaving no issue lawfully begotten) there and in such case the share or shares of him her or their so dying to go and equally divided among the survivors of them share and share alike and all the rest residue and remainder of my Estate and effects not hereinbefore disposed of. I Give and Bequeath the same unto my said nephew Benjamin Tebbs and I do hereby nominate, constitute and appoint the said Richard Wray and my said nephews John Burnell, Benjamin Tebbs and Martin Burnell executors of this my last will and Testament and also together with the said Henry Smith Trustees for the purposes hereinbefore respectively mentioned and it is my will and I do hereby declare that my said executors and trustees shall not be answerable for any loss that my happen to my said Estate (unless by his or their own wilful neglect or default) nor for the acts, deeds and receipts of the other of them but each of them for his own acts, deeds and receipts in only and that they shall and may retain and reimburse themselves all such reasonable costs, charges, damages and expenses as they shall respectively be put unto or sustain in the execution of this my will or the trusts hereby in their respectively reposed and lastly I do hereby revoke all former and other will and wills by me at any time heretofore made and so declare this only to be and contain my last will and testament in witness whereof I the said John Burnell have to this my said last will and testament contained on seven sheets of paper to the first six sheets thereof (?_____ ?______to this seventh and last sheet) set my hand and seal this seventh day of September in the year of our Lord one thousand seven hundred and eighty nine ---- John Burnell ---- (ss) signed sealed and published and declared by the said Testator John Burnell as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Geo Hodgson Chas Street St Jas Sqr, John Ellison, Geo Hodgson his clerks.
This Will was proved at London the nineteenth day of January in the year of our Lord one thousand seven hundred and ninety before the worshipful George Harris, Doctor of Laws surrogate of the right honorable Sir William Wynne?, Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Richard Wray, John Burnell, Benjamin Tebbs and Martin Burnell the nephews of the deceased and Executors named in the said will to whom administration was granted of all and singular the goods sworn chattels and credits of the said deceased having been first sworn duly to Administer.
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