22 May 1824
This is the
last Will and Testament of me Robert Rymell of Whitecross
Street in the parish of St Luke in the county of Middlesex,
butcher. In the first place I order and direct that all my
just debts, funeral and testamentary expenses be paid and
satisfied as soon as conveniently may be after my decease.
And I do hereby nominate, constitute and appoint my dear wife
Mary Anne Rymell and Thomas Fisher of Whitecross Street
aforesaid, butcher, Executrix and Executor of this my last
Will. I give and bequeath unto the said Thomas
Fisher the sum of twenty pounds. And I give and bequeath
unto my said wife Mary Anne Rymell all my freehold furniture,
goods, plate, linen, china and wearing apparel to and for her own
use and benefit. And I give and bequeath unto my said wife
Mary Anne Rymell all those my two leasehold messuages or
tenements and premises situate in Essex Street, Hoxton in the
county of Middlesex and numbered 1 and 2 and also all that my
leasehold messuage or tenement and premises situate in Red Lion
Street, Hoxton, aforesaid, numbered 7 to hold to her, the said
Mary Anne Rymell, her executors, admons and assigns to and for
her and their own use and benefit. And I give and devise
unto the said Mary Anne Rymell and Thomas Fisher all those my two
freehold messuages or tenements, premises situate and being in
White Cross Street aforesaid and known as number 123 and 124 to
hold to them and the survivor of them and the heirs and assigns
of such survivor upon the several trusts and to and for the ends
intents and purposes hereinafter mentioned expressed and declared
of and receiving the same that is to say upon trust to pay to or
permit and suffer my said wife Mary Anne Rymell to receive and
take the rents, issues and profits of my said two freehold
messuages, tenements and premises to and for her own absolute use
and benefit until my son William Rymell shall attain the age of
twenty one years (she my said wife paying thereout all taxes and
charges payable in respect thereof) and that when so soon as my
said son William Rymell shall attain such age of twenty one years
I give and devise the said two freehold messuages or tenements
and premises unto my said son William Rymell to hold to him his
heirs and assigns for ever but in case my said son William Rymell
shall not live to attain his said age of twenty one years then
upon trust to pay to or permit and suffer my said wife Mary Anne
Rymell to receive and take the said rents, issues & profits
of my said two freehold messuages or tenements and premises to
her for her own use and benefit until my natural son Robert
Rymell (who was born the fourteenth day of September one thousand
eight hundred and seventeen and was christened at St Giles Church
Street on the fifth day of October one thousand eight hundred and
seventeen by the name of Robert Rymell) shall attain the age of
twenty one years (she my said wife paying such taxes and charges
asforesaid) and when as soon as my said natural son Robert Rymell
shall attain such age of twenty one years then I give and devise
the said two freehold messuages or tenements and premises unto my
said natural son Robert Rymell to hold to him his heirs and
assigns for ever. But in case both of them my said sons
William Rymell and Robert Rymell shall depart this before they
shall attain their respective ages of twenty one years then I
give and devise the said freehold premises unto my said wife Mary
Anne Rymell to hold to her, her heirs and assigns absolutely and
for ever. And it is my will that in case my said wife Mary
Anne Rymell shall depart this life in the lifetime of my said
sons William Rymell and Robert Rymell (and previously to their
attaining the said age of twenty one years then that my said
trustees and the survivors of them and their heirs, executors,
admons and assigns of such survivor do and shall pay and apply
the rents, issues & annual profits arising out of my said
freehold tenements and premises towards the maintenance and
support of my said sons William Rymell and Robert Rymell until
one of them shall have become entitled to the said premises but
in case my wife shall depart this life previously to my said sons
William Rymell and Robert Rymell attaining the said age of twenty
one years and both of them my said sons shall afterwards depart
this life under that age then I give and devise my said two
freehold messuages or tenements and premises unto such person or
persons as would then be my heir or heirs at law, his or her
heirs and assigns for ever. And I do direct and it is my
will and desire that my said wife Mary Anne Rymell shall be at
liberty to reside in my said freehold messuage number 124 White
Cross Street aforesaid (without impeachment of waste until my
said sons William Rymell and Robert Rymell shall attain their or
his age or ages od twenty one years without paying any rent or
promise for the use and occupation thereof and that she may
continue to carry on my present or any other trade therein to and
for her own use and benefit. And I give and bequeath unto
her the said Mary Anne Rymell and Thomas Fisher and to the
survivor of them and to the executors or admons of such survivor
the sum of two thousand five hundred and twenty pounds New four
pounds per centum annuities (of which two thousand three hundred
and four pounds part thereof was formerly standing in my name
jointly with that of my sister Anne Rymell and two hundred and
ten pounds residue thereof was transferred to me from the account
of my late father Robert Rymell) upon the several trusts and to
and for the several ends, intents and purposes and with under and
subject to the several powers, provisos and conditions therein
after expressed and declared of and receiving the same that is to
say upon trust to pay unto or otherwise permit and suffer my said
wife Mary Anne Rymell to have, receive and take the interest,
dividends and annual produce of the said sum of two thousand five
hundred and twenty pounds New four pound per centum annuities) as
and when the same shall accrue and become payable until my said
son Robert Rymell shall attain the age of twenty one years the
same to be paid from time to time into her proper hands or unto
such person or persons only as she shall from time to time by
writing under her hand direct or appoint to receive the same but
not by way of anticipation nor so as to enable her to mortgage,
sell or part with the accruing payments thereof to the intent
that the same may be for her sole and separate use and benefit
and exclusive of and ….. the debts, control, contracts,
forfeiture and engagements of any future husband or husbands with
whom she may happen to intermarry. And I do hereby declare
my will to be that the receipt and receipts of my said wife or of
the person or persons to whom she shall as aforesaid appoint to
receive the same shall be good and sufficient receipts and
discharges to my said executors and the survivor of them and the
executors and admons of such survivor for so much of the said
dividends, interest & ….. as in every such receipt shall
be acknowledged to be received such part of such interest &
dividends as she shall in her discretion think proper to be by
her applied into and towards the maintenance and education of my
said sons William and Robert Rymell. And when so soon as my
said son Robert Rymell shall have attained the age of twenty one
years then that they my said executors and the survivor of them
and the executors and admons of such survivor do and shall assign
and take the sum of one hundred pounds, part of the said sum of
two thousand five hundred and twenty pounds New four per centum
annuities and also such further sum as shall then be sufficient
to produce to my said son Robert Rymell the annual sum of fifty
pounds and do and shall upon my said son William Rymell attaining
his age of twenty one years assign and transfer unto him the sum
of one hundred pounds …….. part of the said sum of two
thousand five hundred and twenty pounds New four per centum
annuities. And then do and shall assign and transfer into
the name of my said wife Mary Anne Rymell such part of the said
sum of two thousand five hundred and twenty pounds New four per
centum annuities as shall then remain undisposed of. And
that in case but one of them my said sons shall live to attain
the said age of twenty one years then the sum of one hundred
pounds New four pounds per centum annuities so bequeathed to such
one as shall have departed this life without attaining such age
shall be assigned and transferred to such survivor. And as
to for and concerning all the rent residue and remainder of my
estate and effects both real and personal or of what nature or
kind soever and or wheresoever the same and every part thereof
may be and not hereinbefore specifically disposed of whereof I or
any person or persons in trust use or my use and benefit and is
or are so seized of interest in or entitled unto I give devise
and bequeath the same and every part thereof unto and to the use
of my said wife Mary Anne Rymell her heirs, executors, admons and
assigns according to the respective natures and qualities thereto
and for her and their own absolute use, benefit and disposal
provided always and I do hereby declare my will and mind to be
that if the said Mary Anne Rymell and Thomas Fisher or either of
them or any new trustee or trustees to be appointed in the stead
or place of them or either of them in pursuance of the power next
hereinafter contained for that purpose shall lie or be desirous
of being discharged of and from or refuse and decline or become
incapable to act in the trusts hereby in them reposed or in the
execution or exercise of the powers or authorities hereby reposed
in them before such new trusts shall be fully executed, performed
and discharged then and so often it shall and may be lawful to
and for the remaining or other of my said trustees or the
executors or admons of the survivor of them by any deed or deeds,
writing or writings under their or his hands and seals or hand
and seal attested by two or more credible witnesses from time to
time and as often as by the oath situation or refusal to act of
the said trustees or either of them it shall be become requisite
or ….. of their or his own authority to nominate,
substitute or appoint any other person or persons to be a trustee
or trustees in the place instead of a trustee or trustees so
dying or desiring to be discharged or refuse declining or become
incapable to act aforesaid and in order that my trust estates,
monies and premises may be legally and effectively conveyed to
and vested in such new trustee or trustees jointly or solely as
the case may be. I do hereby further declare that it shall
be and may be lawful to and for the person and persons nominating
or appointing such new trustee or trustees under and by virtue of
the power and authority hereinbefore for that purpose contained
by deed or deeds, instrument or instruments in writing to be by
them respectively sealed and delivered in the presence of and
attested by two or more credible witnesses to revoke, denounce
and make void, resign, declare, assign, relinquish and give up
the uses, trusts, interests, powers and provisos in and by this
my Will limited, declared and expressed of and concerning my said
trust estates, monies and premises respectively or any part or
parts thereof and of the same or other good or goods, instrument
or instruments in writing with such …… and testified as
aforesaid and to be sealed and delivered and attested as
aforesaid to limit, declare, divert or appoint any use or uses,
estate or estates, trust or trusts of my said hereinto trust
estate, monies and other premises or any part or parts thereof
which it shall be thought necessary or expedient to limit,
declare, divert or appoint for the purpose of conveying and
vesting of such trust estate, monies and premises to or in such
new trustee or trustees jointly or solely as the case may happen
to be. And that when and so often as any trustee or
trustees shall be appointed as aforesaid all the trust, estates,
monies and premises of or unto which or on the account whereof
such new trustee or trustees shall be nominated or appointed
shall be thereupon with all convenient speed conveyed, assigned
and transferred in such sort or manner and so as that the same
shall and may be legally and effectually vested in the surviving
or continuing trustee or trustees and such new or other trustees
or trustee or if there shall be no continuing trustee then in
such new trustee only to the same uses and upon the same trusts
as ever hereinafter declared and expressed of and concerning my
said trust, estates, monies and premises respectively or such of
them as all or may be then subsisting or capable of taking
effect. And I do hereby further declare that every such new
trustee or trustees shall or may in all things act and assist in
the management, carrying on and execution of the trusts to which
he or they shall be so appointed as aforesaid in conjunction with
the other then surviving or continuing trustee or trustees if
there shall be any such surviving or continuing trustee or
trustees and if not then by himself and themselves respectively
as fully and effectually and with the same power and powers,
authority and authorities whatsoever to all intents, efforts,
constructions and purpose whatsoever as if he and they had been
originally and by this my Will nominated a trustee for the
purposes aforesaid and as the said Mary Anne Rymell and Thomas
Fisher or the survivor of them and the heirs, executors or admons
of such survivor are or is entitled to do or could and might have
done under and by virtue of this my Will if living and continuing
to act in the trusts hereby reposed in him or them anything
hereinbefore contained to the contrary thereof in any ….
notwithstanding provided also and I do hereby further declare
that my said trustees and the survivor of them and the executors
and admons of such survivor shall and may at their and his
discretion sell transfer and dispose of my said Stocks, funds and
Securities or any part or parts thereof and invest or lay out the
money arising thereby in any other of the Public Stocks or Funds
or on Government or real Securities in England at interest all
which said Stocks, Funds and Securities may be from time to time
altered varied assigned, transferred and disposed of and the
monies thereby arising again laid out and invested in or upon any
new or other like stocks, funds and securities as to my then said
trustees or the survivors or survivor of them or the executors or
admons of such survivor shall seem most and that they my said
trustees and the survivor of them and the executors or admons of
such survivor do and shall stand and be possessed of all and
every the stocks, funds and securities wherein or upon which the
said trust monies or any part or parts thereof shall be invested
or laid out and the dividends, interest, annual products thereof
upon such trusts and for such intents and purposes and with,
under and subject to such powers, provisos and declarations as
are hereinbefore mentioned, expressed and declared of and
concerning such stocks, funds and securities as shall be so
altered, varied, assigned, transferred or disposed of and the
dividends, interest and annual proceeds thereof or such and so
many of them as shall be then subsisting ………. or
capable of taking effect provided also and I do hereby further
declare my Will to be that the said Mary Anne Rymell and Thomas
Fisher and future trustees to be appointed as aforesaid and in
each and every of them and the heirs, executors, admons and
assigns of them and every of them shall be respectively charged
and chargeable only for such monies as they shall respectively
actually receive by virtue of the trusts herby in them reposed
notwithstanding his, her or their or any of them giving and
signing or joining in or signing any receipt or receipts for the
sake of conformity and that any one or more of them shall not be
answerable or accountable for the other or others of them or for
the defaults of others of them but each and every of them for his
own acts, receipts neglect and wilful defaults and that they or
one of them shall not be answerable or accountable for any
Banker, Broker or other person with whom or in whose hands or
custody any part of the said trust monies shall or may be
deposited or lodged for safe custody or otherwise in the
execution of the trusts or powers hereinbefore mentioned and that
they or any of them shall not at any time be answerable for the
insufficiency or deficiency of any security or securities, stocks
or funds in or upon which any trust monies shall be so placed out
in execution and pursuance of the trusts and powers aforesaid or
any of them nor for any other misfortune, loss or damage which
may happen in the execution of the aforesaid trusts or powers or
in relation thereto unless the same shall happen by or through
his, her or their own wilful defaults respectively and also that
the said trustees herein named and such future trustee or
trustees to be appointed as aforesaid and every of them then and
every of their heirs, executors and assigns shall and may with
and out of such monies as shall come to their respective hands by
virtue of the aforesaid deduct and retain and reimburse himself
and themselves respectively and also pay allow to his, her and
their cotrustee and cotrustees all costs, charges, damages and
expenses which they or any of them shall or may vest in expend
disburse be at or put unto in the execution of any of the trusts
aforesaid or in relation thereto. And hereby revoking all
former and other declared ……….. Codicil and
Codicils by me at any time or time herebefore made or executed do
declare this only to be and contain my last will and
testament. In witness whereof I the said Robert Rymell the
testator have to this my last will and testament contained in
eight sheets of paper to the first seven sheets thereof set my
hand and to this eighth and last sheet thereof set my hand and
seal this sixth day of May in the year of our Lord one thousand
and eight hundred and seventy four Robt Rymell.
Signed, sealed published and declared by the said Robert Rymell
the testator 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
thereto William Shenton, cheesemonger, No. 123 White Cross
Street. Thos B Hudson 5 Unkworth Place, City Road. Jno
Watson, clerk to Mr Hudson
Proved at London 22nd May 1824 before the worshipful Charles Coote Doctor at Laws and Surrogate by the oath of Mary Anne Rymell widow, the relict & Thomas Fisher the Executors to whom admon was granted being first sworn duly to administer.
Will from PROB11/1686 – Erskine Q318 p145