Wednesday, 6 January 2010

Will of William Westall

This is the last Will and Testament of me William Westall of No 5 North Bank Regents Park in the County of Middlesex Esquire A.R.A. bearing date this Twenty first day of January in the year of our Lord One thousand eight hundred and fifty as follows (that is to say) ? that all my funeral ____shall be paid by my Executors as __ after my decease out of my personal estate I appoint my sons William Westall Robert Westall and my friends Professor Sedgwick of Trinity College Cambridge and Frederick ? Esquire F.R.S. to be Executors and Trustees and my friend William Stevens of No 6 ? Villas Old Brompton Esquire to be a Trustee of this my Will
I give and bequeath to my said son William the sum of Nineteen guineas To my said son Thomas Westall the like sum of Nineteen guineas To my friend Mrs Gardiner the sum of five pounds sterling as a small token of my regard for her
the above legacies to be paid as soon as convieniently ? may be after my decease
I give and bequeath my oil painting of the “Deluge” to my said Trustees William Westall Robert Westall Professor Sedgwick Frederick Frobisher? And William Stevens in Trust to be presented by them to the Nation to be placed in the National Gallery such? Presentation to be made by my said Trustees in such a way and manner and at such time and subject in all respects to the _ of my said Trustees or the survivors or survivor of them
I give and bequeath to my said son Robert all my Steel and Copper Engraved Plates together with all my Prints and Engravings of whatsoever nature or kind to and for his own use and benefit absolutely
I bequeath my Leasehold __ or __ with the appurtenencies at No 5 North Bank aforesaid together with Forty shares standing? In my name in the Regents Canal Company or by whatsoever name or description the the said Shares my be respectively called or known to my said Trustees William Westall Robert Westall Professor Sedgwick Frederick Frobisher? And William Stevens their executors administrators and ____trust to apply the ___interest and other yearly ___thereof respectively to _____for and towards the maintenance of my sons Richard Westall and Robert Westall in a way and manner they my said Trustees or the survivors or survivor of them or the Trustee or Trustees for the time being shall think fit
To the ___ that my said Trustees ___ may be ___to adopt the disposition of the said Trust property to the circumstances for the time being of the said Richard Westall and Robert Westall so as thereby to secure as far as possible their personal ____ thereof and subject to the aforesaid Trust in favour of my sons Richard and Robert and from and immediately after the ___ of my said son Richard as well the Capital as the annual ___thereof In trust for my said sons William Robert and Thomas to be divided between them __ and __alike my intention__ that the above Property should be divided equally between my sons William Robert and Thomas after my son Richard’s
decease
I give and bequeath to my sons William, Thomas & Robert the remaining shares standing in my name in the aforesaid Regents Canal Company and all my Shares in the Union Bank of Australia to be divided between and amongst them equally share and share alike
I bequeath all the residue of my Real and Personal Estate towards? I shall be __ at the time of my (except Estates vested in me as the Mortgagee and excepting also my valuable collection of Paintings which I have otherwise disposed of) [note – no end of bracket appears but this seems an appropriate point] unto my said Trustees for the use and benefit of my dear Wife Ann during her life and and from and immediately after her decease In Trust for my said sons William Thomas & Robert to be divided between them equally share and share alike I __ all the real Estates which shall at my decease be vested in me as Mortgagee unto my said Executors subject to the Equities ___the same absolutely.
I empower my said Trustees to give ___for all ____and ___ to be paid or delivered to them by virtue of my will and ___that such___shall ___ the persons taking the same from all responsibity to see the application and disposition of the ___or ___ therein mentioned.
I declare that if my said Trustees or Trustee to be appointed under this Clause shall die be unwilling or incompetent to accept or execute the trusts of my Will it shall be lawful for the competent ? Trustees or Trustee for the ___ whether retired from the office of Trustee or not or if _ for the executors or administrators or other of the executors or administrators of the last ___ Trustee to substitute ? by any writing under their his or her ____ any person or persons in whom alone or as ___ may be jointly with the survivor or continued Trustees or Trustee my Trust Estate shall be vested and I exempt every Trustee of my Will from responsibility for losses occurring without his own wilful default and authorize him to retain or allow to his co-Trustees or co-Trustee any expenses __ to the Trusteeship and I declare that the powers and instructions? Therein vested in the Trustees hereinbefore named shall be exercisable? By the Trustees or Trustee for the time being of my Will
Lastly I revoke all other Wills by me at any time heretofore made and do declare this present writing comprised in our ? of Paper to be and contain the whole of my Last Will & Testament witness whereof I have _ to set my hand at the foot or end thereof the day and year first above written in the presence of the two witnesses whose names are herewith subscribed
William Westall
Memorandum. The foregoing writing was signed by the said Testator at the foot or end thereof and acknowledged by him to be his last Will & Testament in the presence of us who were present at the same time and we do hereby attest and subscribe our names as Witnesses to the said Will in his presence and in the presence of said others accordingly?
Margaret Mason, Dent, Yorkshire
Mary Sitchell, 19 Sussex Mews, Regents Park
Proved at London 7th May 1850 before the Worshipful __ Thomas Pratt Doctor of Laws and surrogate by the Earls? of the Reverend William Westall Clerk and Robert Westall the sons The Reverend Adam Sedgwick and Frederick Frobisher? Esquire the Executors to whom the _ was granted having been first sworn only to administer

Note. Most of the blanks and question marks are in the area of legal terminology. The overall sense of the Will is largely discernible.

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