Last Will and Testament of Jonathan Barrett of Broad Green, Croydon (National Probate Calendar: 31 July 1860, folio number 441)

Summary

The will of Jonathan Barrett of Broad Green, Croydon, was made on 3 March 1857, amended with a first (and later-revoked) codicil on some unknown date, amended with a second codicil (revoking the first) on 2 July 1859, and proved on 31 July 1860. The executors named in the will were his friend Ralph Caldwell Crafton and his nephews Henry Barrett and William Barrett; administration was granted to the first two of these, reserving power to also make a later grant to William.

According to the probate register copy, Jonathan left:

• All his household goods to his wife Ellen, aside from the oil portraits mentioned below. Any of these goods not disposed of by Ellen during her life or via her will were to go after her death to his residuary legatees (i.e. those people whom his will said would get the rest of his estate after all other legacies had been dealt with).
• Oil portraits of himself and his previous wife to his nephew William, though Ellen was permitted to keep possession of these during her lifetime if she wanted to.
• Up to £300 of the money in his bank account to Ellen.
• The use of his house and garden (185 London Road) to Ellen for the rest of her life.
• An annuity of £100/year to his executors on trust to pay it to his sister-in-law Elizabeth [surname unclear] during her life, and after that for it to form part of his residuary estate.
• £200 to each of his executors for their work.
• Twelve guineas each to:
  • The wives and children of his six nephews and of Ralph Caldwell Crafton.
  • The husband and children of his niece Rachel Hancock.
• Various amounts of money to his servants and other persons.
• Various amounts of money to various societies and institutions.
• His share of a farm in Sussex (that had formed part of his marriage settlement) to his eight nephews and nieces.
• £50 each to various relatives and friends.
• His shares in the Lambeth Water Works to his executors on trust to pay the income to Ellen’s sisters Maria and Caroline and his friend Benjamin Drabwell Bell during their lifetimes.
• Small sums of money to up to 200 “respectable persons” who were to be chosen by his executors, guided by Ellen, on the basis of certain listed stipulations.
• Any property for which he was the mortgagee or trustee to his executors subject to the existing agreements relating to that property.
• Everything else not already disposed of to his executors on trust to sell them off at their discretion; use the money to pay his funeral expenses, debts, legacies, and duty on legacies; and then invest the remainder. The income from these investments, along with anything not sold, was to be used as follows:
  • To go to Ellen during her lifetime.
  • After Ellen’s death, to go to any children that she and Jonathan might have had (implying that at the time of writing they had none) who reached the age of 21.
  • If there were no such children, to be divided between his brother Jeremiah, his six nephews Henry, Richard, Joseph, William, John, and Jeremiah, and his niece Rachel Hancock. (Note however that this was changed by the codicil summarised below.)

He also gave some directions regarding the handling of any debt his brother Jeremiah might owe him when he died, and the procedures to be followed if new trustees needed to be appointed.

Jonathan’s first codicil is not included in the register, due to having been revoked, but his second codicil made some changes to the above:

• Additional monetary legacies were left to four more servants.
• His residuary estate after Ellen’s death was now not to be divided equally between Jeremiah, the nephews, and Rachel, but half was to go to Jeremiah’s four children in equal shares and the other half was to go to his other brother Richard’s three children in equal shares.
• Jeremiah was to receive £1000 in lieu of being included in this redistribution.

Below is my transcription of the probate register copy of the will. Bold and italic formatting reflect the different writing styles used in the document, and I have added paragraph breaks to make it easier to read.

Transcription

This is the last Will and Testament of me Jonathan Barrett formerly of Kings Head Court Beech Street in the City of London but now of Broad Green Croydon in the County of Surrey

I give to my dear wife Ellen Barrett all my household furniture plate linen china books pictures glass shells and ornaments wearing apparel and other moveables (including ready money but not securities for money) that shall be in and about my dwelling house and premises at my decease but it is my desire that the portraits in oil of my late dear wife and myself shall after my said wifes death belong to my nephew William Barrett and be delivered to him at the decease of my wife who is to be at liberty to retain possession of them during her life without being accountable for any accidental damage to them while in her possession

But as to such part if any of my furniture and effects so given to my wife as she shall not dispose of in her life time or by her will I direct the same to be divided in a fair and equitable valuation amongst my residuary legatees hereinafter named in equal shares or as nearly as may be At the same time I wish it to be understood that the preceding directions are not to deprive my wife of the power of disposing of all such furniture and effects as her own property if she choose so to do

I also give to my said dear wife the balance which at my decease shall be at the Croydon Branch of the London and County Bank to the credit of my current Banking account but if such balance should exceed three hundred pounds the excess beyond that sum shall form part of my residuary estate

I also give to my said dear wife the use and enjoyment of my present dwelling house and premises with my separate garden during her life either for her own residence or otherwise she keeping the same in fair and reasonable tenantable repair

I give to my executors and trustees hereinafter named the annuity for terms of years of one hundred pounds which is payable to me till 1880 by the Commissioners for the reduction of the National Debt Upon trust to pay to my sister in law Elizabeth ?Jermyn? so much of the said annuity as shall accrue due after my decease and during her life And I declare that subject thereto so much of the said annuity as shall accrue due after her decease shall sink into and be disposed of as part of my residuary estate

I give to each of my three executors and trustees hereinafter named or to such one or more of them as shall undertake the trusts of my will a legacy of two hundred pounds sterling as an acknowledgement for the trouble they will have in executing the office of executors and trustees

I give as a token of remembrance a legacy of twelve guineas apiece to the wives and children of my six nephews and of my friend Ralph Caldwell Crafton of Croydon aforesaid Chemist and a similar legacy to the husband and children of my niece Rachel Hancock

I give to all or such one or more of my three servants (one male and two females) as shall be in my service at my decease and as shall have been in my service for not less than one year prior thereto a legacy of eighteen pounds apiece for mourning or otherwise at their option And to such one or more of them as shall have lived in my service less than one year a legacy of nine pounds a piece for mourning or otherwise at their option I also give to my old servant Ann Moor and to Mrs Willis who was for some time my nurse and to Charles Sturt of East Hoathley in the County of Sussex and to Peter Adams the Carpenter and Undertaker a legacy of ten pounds apiece And I direct the legacies to my servants and the said four legacies of ten pounds apiece to be paid within one month after my decease

I give a legacy of one hundred pounds to the Croydon British School for Boys the same to be paid to the Treasurer of that School for the time being I give to the Croydon Branch of the London City Mission a legacy of fifty pounds and to the British and Foreign Bible Society a legacy of one hundred pounds and to the London Missionary Society a legacy of one hundred pounds and to the Wesleyan Missionary Society legacy of one hundred pounds and to the Irish Society for Irish Scripture Readers in their native language a legacy of fifty pounds And I direct the last five legacies to be paid to the respective Treasurers for the time being of the last five mentioned Societies respectively or to the local Trustees respectively of their respective Auxiliary Societies if any for the District in which Croydon is situated

I give a legacy of one hundred pounds to the London City Mission and a legacy of two hundred pounds to the Royal Free Hospital Grays Inn Road the same to be paid to the respective Treasurers for the time being of the said Societies or Institutions respectively I direct the foregoing legacies for religious and charitable purposes to be paid free of legacy duty out of such part of my property as may be legally devoted to such purposes And it is my wish that such legacies should not be invested or treated as principal but be applied and disposed of as interest or income

I give and bequeath to my six nephews Henry, Richard, Joseph, William, John and Jeremiah and to my two nieces Mary Ann the wife of William Barrett and Rachel the wife of George Hancock my moiety of the proceeds of Amberstone Farm near Hailsham in the County of Sussex which under the provisions of my late dear wifes Marriage Settlement is to be sold after my death and one moiety of the proceeds paid to the Sturge Family and the other moiety to my estate such farm having been purchased for eight thousand pounds half of which was paid by the Sturge Family as my late dear wifes fortune and the other half with expenses paid by me and the whole farm was settled on myself and my late wife for life and the life of the survivor of us

I give and bequeath a legacy of fifty pounds cash to the following four persons (that is to say) my first wifes relative Mary Ann Brown Ann Storrs Widow of my late cousin Joseph Storrs and her daughter Sarah Ann Storrs and my friend Benjamin Drabwell Bell of Camberwell in the County of Surrey but formerly of Doncaster in Yorkshire

I give and bequeath to my executors and trustees ten of my Old Shares in the Lambeth Water Works Upon trust to pay the income arising therefrom to my wifes sister Maria Keen during her life and on her decease to dispose of the same as a part of my residuary estate I give and bequeath to my executors and trustees ten of my Old Shares in the Lambeth Water Works Upon trust to pay the income arising therefrom to my wifes sister Caroline Keen (who was baptised at Kettering by the name of Caroline Amelia Susannah Keen) during her life and on her decease to dispose of the same as part of my residuary estate I give and bequeath to my executors and trustees ten of my New half Shares in the Lambeth Water Works Upon trust to pay the income arising therefrom to the said Benjamin Drabwell Bell during his life and on his decease to dispose of the same as part of my residuary estate

I direct my executors and trustees at such time as they shall think proper within two years after my decease to pay the sum of five pounds each to one hundred respectable persons and the sum of four pounds each to one hundred other respectable persons all such two hundred persons falling within the following description (namely each person must have been known or be by my executors and trustees believed to have been known to my dear wife or myself for one year at least, on the receipt of the five pounds each person must be not less than sixty years of age, on the receipt of the four pounds each person must be not less than fifty years of age, each person must uniformly or for many years have maintained a good character and never to the knowledge of my executors and trustees have received any parochial support or any charitable relief from any Society and must not (nor if married must his or her wife or husband) be possessed of property of any description (beyond household furniture and effects) of the value of one hundred pounds

And I declare that if within two years after my decease my executors and trustees shall not to their satisfaction have found two hundred respectable persons who shall in their judgment answer the above description then my executors and trustees shall within two years thereafter pay the sum of five pounds if only one or five pounds each if more than one and up to one hundred and then four pounds each up to another one hundred to one or more person or persons falling nearest in their judgment within the above descriptions until with those who shall have been discovered within the two years the total number of two hundred shall have been made up

And I declare that not only the selection of the two hundred individuals to take under the preceding bequest but also the mode of selection and discovery and the nature and amount of the evidence to be given and accepted as to their coming within the class of persons intended shall be in the uncontrolled power and discretion of my executors and trustees assisted in the selection as I wish them always to be by my said wife / who shall not be answerable to any person or persons for the mode in which they exercise the same And in particular I declare that nothing hereinbefore contained shall constitute my executors and trustees trustees for any person or persons who may conceive himself herself or themselves to be one or more of the persons hereby intended to be benefitted

I devise to my executors and trustees all real estates vested in me as mortgagee or trustee subject to the equities and trusts affecting the same

And as to all the residue and remainder of my real and personal estate not hereinbefore specifically or entirely disposed of I devise and bequeath the same to my executors and trustees for all my estate and interest therein upon the trusts following that is to say Upon trust to sell all and such part or parts thereof as in their discretion they shall think desirable and at such time or times as they shall approve either by public auction or in such other way as they shall think proper

And out of the proceeds thereof and out of all monies which shall come to their hands by means of the realization of other parts of my residuary estate to pay my funeral and testamentary expenses and all expenses incurred by them in carrying into effect the trusts of my will And also all debts which shall be to their satisfaction shewn whether by strictly legal proof or not to be owing by me. And also the legacies bequeathed by this will or any codicil thereto and the legacy duty thereon having regard nevertheless to the directions hereinbefore given as to the fund out of which the said charitable and religious bequests are to be paid

And after payment thereof to invest the surplus in the funds or in Railway Stock or Debentures or at interest on real securities with power to vary the same. And to pay to my dear wife all the income arising therefrom and from my unsold residuary estate during her life

And after her death I direct that my executors and trustees shall stand possessed of my said funds and securities and residuary real and personal estate In trust for any child or children and if more than one in equal shares whom I may have during my lifetime or who may be born to my dear wife in due time after my decease and who shall attain the age of twenty one years with power in the mean time after my wifes death to apply the whole or any part of the income in and about the maintenance and education of such child or children

But in the event of there being no such child who shall attain a vested interest as aforesaid then the whole or such part of the said funds and securities and of my residuary estate as shall not have been disposed of under the trusts aforesaid shall be In trust for such one or more of the following eight persons (and if more than one equally) as shall survive me videlicet my brother Jeremiah my six nephews Henry Richard Joseph William John and Jeremiah and my niece Rachel Hancock And I declare that the legacies and shares residue hereinbefore given and bequeathed shall as to the females to whom the same are given and bequeathed respectively be enjoyed and disposed of by them as separate property respectively and free from any marital control And that the receipt of married females shall be as good and effectual discharges to my executors and trustees as if they were unmarried

As to any debt my brother Jeremiah may owe me at my decease it is my wish that if my said brother should be living and request it my executors and trustees should not press for the payment thereof till the expiration of three years after my decease unless they should consider it absolutely necessary to press for the earlier payment thereof or of any part thereof in order to avoid the total loss of such debt in which case I empower and desire them to require the earlier payment thereof or of such part thereof as they shall consider it requisite to have paid before the expiration of such three years

And I empower my executors and trustees to give receipts for all monies and effects paid or delivered to them by virtue of this my will and I declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the money or effects therein mentioned

I declare that if owing to death or disability the number of my trustees herein named competent to act shall be reduced to one before the trusts of my will are performed it shall be lawful for such one to appoint and I request that he will forthwith appoint with the consent of my said wife if living a fit person or two fit persons to supply the vacancy or vacancies occasioned by such death or disability And I should prefer that each person so appointed should be one of the several persons whose names are mentioned in this will And I declare that each person so appointed shall be considered as coming in under my will in the same manner as if he had been herein named instead of the deceased or disabled trustee whose place he shall be appointed to fill as it regards the authorities and directions hereby given And shall also be entitled to receive a legacy of fifty pounds out of the then undivided portion of my residuary estate for his trouble as trustee of my will but so long as there are two acting trustees of my will they shall have as full power to act as if the three trustees hereby appointed were living and acting in the trusts of my will

I declare that no trustee of my will shall be responsible for involuntary losses or for the acts or defaults of any co-trustee or co-trustees notwithstanding he may sign receipts or join in other acts for conformitys sake And I empower every trustee of my will to retain all expenses incurred by him in executing the trusts of my will

I appoint the said Ralph Caldwell Crafton and my said nephews Henry Barrett and William Barrett Executors and trustees of this my will And I revoke all former wills In witness whereof I have hereunto and to the four preceding sheets set my hand this third day of March one thousand eight hundred and fifty seven — Jon^n Barrett — Signed by the testator Jonathan Barrett in the presence of us who were present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses — J Satchell Sol^r 6 Queen St Cheapside — E Wheeler his Clerk

This is a Second Codicil to the within Will of me the within named Jonathan Barrett. Being desirous of restoring such of the provisions of my within Will as are altered by the preceding Codicil I hereby entirely revoke the whole of the preceding Codicil and declare that that the same shall not form any part of my testamentary disposition.

In addition to the several legacies bequeathed to my servants and others by my within Will I bequeath a legacy of fifty pounds sterling unto each of the four following persons all of whom either have been or now are in my service namely William Cooper Ann Moor Eliza Whiffen and Sarah Hunt (the same to be paid free of legacy duty)

And as to the final disposition of my real and personal estate after the decease of my wife (not thinking it quite fair to my nephews who have lost their father to whom I had in a former Will given a share of my residuary estate that one family should only receive three eighth parts thereof while the other family receives five eighth parts thereof I revoke the bequests which I have by my said will made of my residuary estate in favor of my brother Jeremiah and my nephews and niece therein named

And in lieu thereof I direct that all the residue of my real and personal estate which shall remain undisposed of after satisfying the trusts of my said will as hereby altered shall (after my wifes decease without issue by me attaining a vested interest under my will) be divided into two equal shares one whereof I give and bequeath unto the three children in equal shares of my late brother Richard Barrett and the other whereof I give and bequeath unto the four children in equal shares of my brother Jeremiah Barrett And the share of any one or more of such three children and four children respectively who shall die before me shall not lapse but shall be paid to the executors or administrators of such child or children respectively.

And in lieu of the share of my residuary estate which by my said will I have bequeathed to my said brother Jeremiah Barrett (but which bequest is hereby revoked) I give and bequeath unto him the sum of one thousand pounds which I direct to be paid to him or his legal personal representatives as soon after the decease of my said wife without issue as aforesaid as may be convenient unless he shall be indebted to me at my decease in which case I direct that the said legacy of one thousand pounds or so much thereof as shall be equal to the amount then due and owing to me from my said brother shall be retained by my executors and trustees for the time being in satisfaction or part satisfaction as the case may be of such debt and the sum so retained shall form part of my residuary estate and be applied and disposed of accordingly and the balance if any of said legacy shall be paid to my said brother or his legal personal representatives on the decease of my said wife without issue as aforesaid

I confirm my said will as hereby varied and declare that the same with this codicil contains my last will In witness whereof I have hereunto set my hand this second day of July one thousand eight hundred and fifty nine — Jon^n Barrett — Signed by the testator Jonathan Barrett in the presence of us who were present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses— J. Satchell — Theodore Satchell.

Proved at London with a Codicil 31st July 1860 by the affirmations of Ralph Caldwell Crafton & Henry Barrett the Nephew two of the Executors to whom Admon was granted Power reserved of making the like Grant to William Barrett the Nephew also the other Executor.