Francis Glanville
13 Jan 1845
This is the last Will and Testament
of me Francis Glanville the elder of Queen Anne Street in the parish of
Saint Marylebone in the County of Middlesex Esquire I desire to be buried
in the plainest and least expensive manner in whatever parish I shall
happen to die and if my death shall take place in the country then that
my body be carried to the grave by eight poor labourers of the parish to
each of where I desire one sovereign to be give for his trouble I bequeath
to my deest (?) son ffrancis Glanville in proof of my love and affectionate regard
for him one hundred pounds sterling I do not may any larger bequest
to him than that sum of one hundred pounds and that which is hereinafter
contained of a share of the continual surplus of my residuary estate
abarond (?) the sum of forty thousand pounds as I consider him already
provided for by the settlement on his marriage and whereas in and by a certain
indenture bearing date on or about the twenty fourth day of July one thousand
eight hundred and thirty five and made or exprefsed to be made between
Mary Ann Spencer widow of the first part my son The Reverend Edward
ffanshaw Glanville of the second part Myself of the third part and Sir
ffrancis Bernard Morland Baronet Thomas Tyringham Bewart
Esquire and my son Charles ffanshawe Glanville of the fourth part being
the settlement made previously to the marriage of my said son Edward
ffanshaw Glanville with the said Mary Ann Spencer now his wife I
did covenant with the said Sir ffrancis Bernard Morland Thomas
Tyringham Bernard and Charles ffanshawe Glanville their heirs executors
administrators and afsigns that if the said marriage should be solemnized
I would by deed or by my last will and testament in writing or *** a
codicil or codicils thereto give devise or otherwise effectively afence (?) unto
them the said Sir ffrancis Bernard Moreland Thomas Tyringham
Bernard and Charles ffanshawe Glanville or the survivors or servivor
of them of the trustees or trustee fro the time being of the said
indentured and their or his heirs executors administrators and afsigns
from and immediately after the decease of the survivor of myself and
Elizabeth my wife one full eighth part or share of and in all the real
and personal estate and effects or of the real monies to be produced by
the sale and conversion thereof after deducting the expenses of such
conversion of or to which I should die siezed pofsefsed or entitled subject
to the payment of my debts funeral and testamentary expenses save
and except any legacy or legacies which I might have act executing
together the sum of one hundred pounds sterling or that if I should
not effectually (?) make such gift devise or other afsurance then such
trustees or trustee for the time being should be entitled as and from my
decease but without prejudice to the life interest of the said Elizabeth
my wife to such one eighth part or share or so much thereof as should
not be so effectually given and devised or otherwise afsured as aforesaid
with a proviso that if my said real and personal estate should at
the time of my death be of greater amount or value than the sum of
forty thousand pounds sterling after payment of my debts and funeral
and testamentary expenses and of such legacy or legacies as
if any no exceeding as aforesaid then and in such case instead of the
said one eighth part or share the said Sir ffrancis Bernard Morland
Thomas Tyringham Bernard and Charles ffanshwe Glanville or
the survivors or survivor of them of the trustees or trustee for the
time bing of the said indenture shouold be entitled to have and
have from and out of such my real and personal estate an effcts as
and from my deceased but without prejudice to the life interest of the
said Elizabeth my wife the sum of five thousand pounds sterling
only being one eighth part of share of and in the said sum of
forty thousand pounds sterling Now I give devise and bequeath
all my freehold manor and estate at Cecthere (?) of the parish of
Menherriot Morval and Liskeard and my freehold estate of Clinist
in the parish of Saint Germains and Trewethisk in the parish of
Endellion all in the County of Cornwall and my leasehold Manor
of Bonialva in the said parish of Saint Germains held on lease
under the Duchy of Cornwall and all other the real and
personal property and estate of whatsoever nature or kind
the same may be of or to which I shall be seized pofsefsed or
entitled on the time of my decease unto and to the use of my said son
ffrancis Glanville my son John Glanville and my said son Edward
ffanshawe Glanville their heirs executors administrators and
afsigns according to the respective natures thereof upon and for
the trusts hereinafter exprefsed of and concerning the same (that is
to say) upon trust that they the said ffrancis Glanville John
Glanville and Edward ffanshawe Glanville or the survivors or
survivor of them or the heirs executors administrators or
afsigns of such survivor shall and so when and as soon after
my decease as they or he shall in their or his discretion think fit
but not sooner sell dispose of an convert into ready money so
much or such part of my personal estate other than leasehold
as should not at the time of my decease consist of moneys or
government or real securities or of such personal securities if
any as my said trustees or trustee for the time being shall in
their or his discretion (and without being answerable for the
exercise of such discretion) think proper to keep or retain and
shall and so receive recover and get in all such monies as
shall be owing to me at the time of my decease and also upon
trust that they the said ffrancis Glanville John Glanville and
Edward ffanshawe Glanville or the survivors or survivor of
them of the heirs executors administrators or afsigns of such
survivor shall and do at such time or times as they or he in
their or his discretion shall think proper but not sooner sell
and absolutely dispose of all and singular my freehold and
leasehold manors mefsuages lands tenements tithes and
hereditaments together or in parcels by public sale or auction
or private contract unto any person or persons as to thereof
or of any part thereof and subjec to such conditions and stipulations
as such trustees or trustee shall intheir or his discretion
think proper or expediant with full power to them or him to been (?)
in the premises or any part or parts thereof at any such auction or
auctions to rescind or vary the terms of amy contract or contracts
*** may be made or entered into publicly or privately for the sale or
sales of all or any part or parts of the premises and afterwards to sell in
either of the ways aforesaid the premises which shall have been so
bought in or the contract or contracts for the sale of which shall be
rescinded (?) without being answerable for any lofs or expenses which
may be occasioned by such postponed sale or sales and to make and
execute all such contracts deed conveyances afsignments and afsurances
as shall be requisite or necefsary to effectuate and to complete all and
every such sale or sales and I direct that the said ffrancis Glanville
John Glanville and Edward ffanshawe Glanville or the survivors
or survivor of them or the executors administrator or afsigns of
such survivor shall and so by and out of the produce of my said real
and personal estate pay and satisfy my just debts and funeral and
testamentary expenses the said legacy of one hundred pounds and all
costs charges and expenses which may be occasioned to them in or
about the execution of the trusts and powers in this my will declared
and contained and after or subject to such payments shall and do lay
out and invest the kear (?) surplus of the monies which shall arise by
the said *** conversion of my real and personal esate and which
shall be got in and produced pursuant to the trusts aforesaid and
also such part of my personal estate as shall consist of ready money
at the time of my decease and which may not be required fpr executorship
purposes in the names or name of them the said ffrancis
Glanville John Glanville and Edward ffanshawe Glanville or of
the survivors or survivor of them or of the executors administrators
of afsigns of such survivor or of other *** trustees or trustee for the
time being of this my will in some or one of the parliamentary stocks
or funds of Great Britain or at interest upon government or real securities
in England or Wales and shall and so from time to time at their or
this execution call in receive transfer and dispose of as well the said
last invested stocks funds and securities as also such part of my
personal estate as shall at the time of my decease consist of government
or real or personal securities and shall and so lay out and
invest the monies to arise by every such calling in sale transfer
and disposition in the names or name of the said trustees or trustee
for the time being in or upon new or other stocks funds or securities
of the same or the like nature and so to be varied and transposed
from time to time as often as they or he shall think proper but so
neverthelefs that all such variations of stocks funds or securities be
with the consent of my said wife during her life and I direct that the said
ffrancis Glanville John Glanville and Edward ffanshawe Glanville
and the survivors and survivor of them and the executors
administrators of afsigns of such survivor or other the trustees
or trustee for the time being of this my will shall and do stand pofsefsed
of and interested in the clear (?) monies to be produced from the sale
disposition conversion and getting in of my said real and personal
estate and the stocks funds or securities in or upon which the same
shall be invested and such stocks funds or securities as shall be
part of my personal estate at the time of my decease and which shall
not be sold converted or got in as aforesaid upon trust to pay the
interest dividend and annual income thereof unto my said wife
Elizabeth Glanville or to authorize her to receive the same during
her life for her own use and benefit and from and after he
decease I direct that my said trustees or trustee shall and so stand
pofsefsed of and interested in the said trust monies stock funds or securities upon and for the trusts interest and purposes hereinafter
exprefsed and declare of and concerning the same that is to say as to
equal sixth part or share thereof the whole into six equal parts or shares
being considered as divided upon trust to pay
*** to or transfer the same sixth part of share into the names or name of the
said Sir ffrancis Bernard Morland Thomas Thyringham Bernard and
Charles ffanshawe Glanville or the survivors or survivor of them or
the trustees or trustee for the time being of the aid
indenture of settlement of the twenty fourth day of July one thousand eight
hundred and thirty give in performance and full satisfaction and discharge
of the covenant therein on my part contained and to the interest that the
same sixth part or share and the annual income thereof may be held in
them or them upon the trusts and for the interests and purposes and with a
under (?) and subject to the powers provisions and agreements in and by the
said indenture declared and contained of and concerning the one eigth
part or share so as aforesaid covenanted by me to be given devised or
afsarct (?) to the trustees of the said indenture of settlement of the twnety
fourth day of July one thousand eight hundred and thirty five and the
annual income thereof and also for and concerning all the residue and remainder
of such monies stocks funds securities upon trust for my two
sons John Glanville and William ffanshawe Glanville and my dear
daughters Elizabeth mary Glanville Cordelia ffanshawe Glanville and
Catherine ffanshawe Glanville equally share and share alike as tenants
in common for their own several and respective use and benefit absolutely
provided always and I do hereby declare that my will and mind to be
that if my real and personal estate shall at the time of my decease be
of greater amount or value that the sum of forty thousand pounds
sterling after payment of my debts and funeral and testamentary expenses
and the said legacies of one hundred pounds then and in such
case so *chordy of my said real and personal estate or of the produce
thereof as at the time of my decease shall be of the amount or value
of forty thousand pounds sterling or of the stocks funds or securities
or upon which the same sum of forty thousand pounds shall be
invested as aforesaid shall be held upon the trusts hereinbefore declared
to take effect subsequently to the aforesaid trust for the benefit of my
said wife Elizabeth Glanvilleand that the surplus of the value of
my said real and personal estate over and above the said sum of
forty thousand pounds or of the stocks funds or securities in or upon
which such surplus shall be invested shall from and after the decease
of my said wife be held upon trust for and for the benefit of my said
son ffrancis Glanville his executors administrators or afsigns and to who I
give and bequeath the same accordingly provided also and I do hereby
direct that until my said freehold and leasehold estates shall under the
trusts aforesaid be sold and disposed of the same estates shall for the
purposes of this my will be considered as money or personal estate and
that the rents and profits as shall remain after the payment
of taxes and all usual outgoings and the rents reserved by and the expense
of producing the covenants and agreements contained in the
lease or leases of the said leasehold premises shall from the time of
my decease by applied in such manner as the annual income of the
produce thereof or of the stocks funds or securities in or upon which
the same is to be laid out and invested as aforesaid would be applicable
under the trusts of this my will in case such sale had been made
provided also and I do hereby declare that it shall and may be lawful
for the trustees or trustee for the time being acting under
this my will with the consent in writing of my said wife Elizabeth
Glanville if living but if not then of the proper authority of such trustees or
trustee from time to time to *** or lease all or any part of parts of
my hereditaments and the premises hereinbefore devised and bequeathed
to any person or persons for any term or number of years not exceeding
twenty one years in pofsefsion at the best yearly rent or rents that can
be reasonably obtained for the same and without any fine or premium
so that in every such lease there be contained a condition of ***
on nonpayment of the rent or rents to be thereby reserved for the aspect
of twenty one days next after the same shall become due and so
that the lefsee or respective lefsees to *** any such lease shall be
made *** and deliver the same or a duplicate or coenterpart thereof
and be not by any *** or *** therein contained autherized to commit
or exempted from pu* from remittances *** and I hereby declare
that if shall and may be lawful for the trustees or trustee for the
time being of this my will if they or he shall in their or his discretion
on think proper or expedient so to but not otherwise and without
being answerable for the exercise of such discretion from time to time
or at any time before my leasehold premises hereinbefore bequeathed
and directed to be sold as aforesaid shall be so sold when and as the
same shall become renewable or otherwise to apply for and poduce
a new lease or new leases of the said leasehold premises or
such part or parts thereof as are or shall be of a renewable tenure
or which the said trustees or trustee for the time being shall
so think proper or expedient to severe and also to make so and execute
all such surrenders acts deeds matters and things as shall be hereofsam
or expedient for producing such renewed lease or leases and with a
and out of the produce of my said real and personal estate to pay
the fines fees and other charges for or attending the profciti* such
new lease or leases provided always and I do hereby declare that the
receipt or receipts of the acting trustees or trustee for the time being of this
my will shall be a good and effectual release and discharge for the monies
to arise by the said and conversion of my real and personal estate and
affects and for the rents and profits thereof in the mean time and for all other
the monies which shall come to their or his hands by virtue of or under
this my will of the trusts powers or authorities aforesaid or for so
much of such monies rents and profits respectively as in such receipt or receipts
shall be acknowledged to be received and that no purchasee or other
person or persons po*ing any such mones and taking such receipt or
receipts for the same as aforesaid shall afterwards be obliged to see to
the application of bein anywise answerable or accountable for the lofs
application or nonapplication thereof or of any part thereof provided
and I do hereby further direct that in case the said ffrancis Glanville
John Glanville and Edward ffanshawe Glanville or any or either
of them or any succeeding trustee or trustees to be appointed as hereinafter
mentioned shall happen to die either in my lifetime or after my
decease or be desirous to be discharged from or refuse or *** or
become incapable to act in the trusts hereinbefore declared or shall go
to reside beyond seas before the same trusts shall be fully performed
or satisfied then and so often as the same shall happen it shall be
lawful for the surviving or continuing or other trustees or trustee
of the said trust premises for the time being with the consent of my
said wife during her natural life and after her decease then at their
or his discretion and without requiring the consent of any
other person or persons by any deed or writing under their or his
hands and seals or hand and seal as the case may be to nominate
and appoint any other person or persons to be a trustee or trustees
in the place or stead of the trustee or trustees so dying or desiring to
be discharged or refusing rejecting or becoming incapable or unfit to act or
going to reside beyond seas as aforesaid and that when and so often as any
new trustee or trustees shall be appointed as aforesaid all the trust premises
respectively shall thereupon with all convenient speed be converted transferred
and afsured in such manner as that the same may be legally and effectually
vested in the newly appointed trustee or trustees jointly with the survivors or
continuing trustees or trustee of the rent premises or in case that shall be
no surviving or continuing trustee there in such newly appointed trustees
only upon and for the several trusts intents and purposes hereinbefore exprefsed
and declared of and concerning the same or of such of them as shall
be then existing and capable of taking effect and that such new trustee or trustees
shall and may in all respects act and afsist in carrying out and execution
of the trusts to which he or they shall be so appointed as fully and effectually
and with all such powers and authorities whatsoever as if such new
trustee or trustees had been hereby appointed and as the trustee or trustees
in or to whose place he or shall come or succeed might do or
could have done under or by virtue of this my will provided also
and I hereby further direct that the trustees or trustee for the time being
of this my will shall be chargeable only for so much money as they or he
shall respectively actually receive by virtue of or under this my will or the trusts or
powers aforesaid notwithstanding that joining in receipts for confornty (?) and that
any one or more of them shall not be answerable or accountable for the acts
of others of them but such for his own acts receipts neglects and defaults only in
and that they or he or any or either of them shall not be answerable or accountable
for any banker broker auctioneer or other person with whom or in
whose hands any part of the trust monies shall be deposited or lodged
for the purose of investment or for safe custody nor for the insufficiancy or
deficiancy of any security or securities in or upon which the trust monies
or any part thereof shall be placed out or invested nor for any misfortune
lofs or damage which may happen to the said trust premises unlefs the
same shall happen by or through their or his own wilful default or
hert respectively and also that the said trustees or trustee for the time being
shall and may be and out of the monies which shall come their respective
hands by virtue of this my will or of the truts or powers aforesaid
retain to and reimburse himself and themself respectively and also
allow to his and their cotrustee and cotrustees all lofs costs damages and
expenses which they shall respectively sustain expend or be put unto
or which shall be to them or any of them occasioned or which he
or they in the way of his or their profefsion might if not a trustee or trustees
lawfully and reasonably charge in or about the execution of or by reason
or in consequence of the trusts heeby in them reposed or in any wise *ing
thereto and I appoint the said ffrancis Glanville John Glanville and Edward
ffanshawe Glanville and my said wife Elizabeth Glanville Executores and
Executrix of this my will and hereby revoke all other wills by me at
any time heretofore made I declare this writing contained in eleven sheets
of paper to be and contain my last will and testament In witnefs
whereof I have to this my will contained in eleven sheets of paper
that is to say to each sheet of paper thereof put my hand this thirteenth
day of January in the year of our Loard one thousand eight hundred
and forty five - Fras Glanville - Signed by the said testator in the presence
of us present at the same time who in his presnece and at this
request and in the presence of of each other have herunto subscribed
our names as witnefses the alteration in page 5 by striking out two lines
and a part of two other lines having been first made - John
Collier Carey Street - John Dixon his clerk
This is a Codicil to the last will and testament of me
Francis Glanville the elder late of Queen Anne Street in the parish of Saint
Marylebone in the County of Middlesex but now of Great Marlow in the
County of Buckingham Esquire whereas in and by my last will and testament
dated the thirteenth day of January one thousand eight hundred
and forty give I have made no provision whatsoever for my son Charles
ffanshawe Glanville and whereas I am desirous of making some
provision for him Item I do hereby given and bequeath unto my said
son Charles ffanshawe Glanville during his life the annaul sum or yearly
rent charge of sixty pounds without any deduction for property tax or
any other present of future taxes whatsoever and to be padi to the
said Charles ffanshawe Glanvill by equal monthly payments the
first monthly payment of the said annual sum or yearly rent charge
of sixty pounds to be made on such of the same days as shall first happen
after the decease of my wife Elizabeth Glanville and I do hereby charge
the same annual sum or yearly rent charge of sixty pounds upon all that
my freehold mefsuage or tenement farm lands and hereditaments called
Clinnife (?) in the parish of Saint Germans in the County of Cornwall
now in the occupation of William Broad and my will is that in csae
the said annual sum of yearly rent charge or any part thereof shall
be behind and unpaid for teh spare of ten days next over of after any of
the aforesaid days of payment then and so often as the same should
happen it shall be lawful to and or the said Charles ffanshawe
Glanville to enter upon all and every or any part of the said hereditaments
charged with the said annual sum or yearly rent charge as
aforesaid and to distrain for the same or for so much thereof as shall
be so in arrear and all costs and charges occsaioned by the nonpayment
thereof amd such distrefses to sell in like manner as for rent reserved by
lease or common demise provided always and I so hereby declare my
will to be that in case the said Charles ffanshawe Glanville shall
at any time or times become bankrupt or take the benefit of any act of
parliament for the relief of discharge of insolvent debtors then and in
either of the said cases the said annual sum or yearly rent charge
shall cease and be at an end it being my intention that the said annual
sum or yearly rent charge shall be for the private use and benefit of
the said Charles ffanshawe Glanville and not be in any account transferrable
to or for the use of any other person or persons and it is my
will that the said annual sum or yearly rent charge shall be paid to
the said Charles ffanshawe Glanville notwithstanding he may be
indebted to me or my estate in any manner at the time of my decease
and that such debt shall not be set against or accounted from the said
annual sum or yearly rent charge Provided also and I do hereby exprefsly
declare that in case teh said Charles ffanshawe Glanvill shall alien
sell afsign incumber or transfer or in any manner dispose of or auctiripate (?)
the said annual sum or yearly rent charge or any part thereof
then and in such case and from and immediately after such alienation
sale afsignment or transfer the same annual sum or yearly rent
charge shall cease determine and be void and shall sink into and become
part of the residue of my personal estate and lastly I do hereby
declare this present writing to be a codicil to my said will and I direct
the same to be annexed thereto and to form part thereof In witnefs
whereof I have hereunto set my hand this thirtieth day of November
one thousand eight hundred and forty six - Francis Glanville
his X mark - Signed by the said ffrancis Glanville the Elder as and for a
Codicil to his last will in the joint presence of us who in his presence
and in the presence of each other have hereunto set our hands as
witnefses - George Hickman surgeon ye Greate Marlow Buckingham Joseph Sheldon
Wilkinson surgeon Great Marlow Bucks
Proved at London with a Codicil 15th Aug 1846 before the worshipful
James Parker Deane Doctor of Laws and Surrogate by the oaths of ffrancis
Glanville Esquire and The Reverend Edward ffanshawe Glanville Clerk
the sons two of the Executors to whom admon was granted having
been first sworn duly to administer power reserved of making the like
grant to The Reverend John Glanville clerk the son also and Elizabeth
Glanville widow the relict the other Executors when they sahll
apply for the same