Will of Edward Beaumont VENN () Proved March 1857
National Archives of the UK Reference – Suffolk Ref 254 PROB 12/286 PROB 11/2249
This is the last will and testament of me Edward Beaumont VENN of Freston Lodge in the county of Suffolk Esquire.
I give and devise unto my son Gerald Noel VENN his heirs and assigns All those my freehold and copyhold estates with the parks gardens land and appurtenances thereto belonging called Earl Stonham, Hempnall Hall in the parish of Cotton, Newton Hall in the parish of Gosbeck, Stonhall Aspel Beaumont Hall and Freston Wood Farm all the county of Suffolk excepting the house in which I now reside called Freston Lodge and the land and appurtenances attached thereto hereinafter devised.
To hold unto and to the use of my said son his heirs and assigns absolutely. And I appoint my cousin William Henry GAMBIER of Charl Place in the county of Kent Esquire, my friend Edward Russell James HOWE of Lincolns Inn Esquire Barrister at Law and my eldest daughter Julia Beaumont VENN Executors and Trustees of this my Will.
And I devise and bequeath unto the said William Henry GAMBIER, Edward Russell James HOWE and Julia Beaumont VENN their heirs executors and administrators All that my messuage or mansion house in which I now reside called Freston Lodge with the land and appurtenances belonging or attached thereto or usually enjoyed therewith situate in the parish of Freston in the said county of Suffolk and also all the household furniture plate linen and china and other chattels and effects being in or about the said premises Upon trust to permit such of my seven daughters including the said Julia Beaumont VENN as shall be desirous of so doing and shall at the time of my death be unmarried to reside in the said mansion house from the time of my death and so long afterwards as they or any one of them shall live unmarried and to have the use of the said land appurtenances attached or belonging thereto and of the furniture chattels and effects.
And after the decease or marriage of all and every one of my daughters I direct that the said mansion house called Freston Lodge with the said lands and appurtenances attached or belonging thereto and the said furniture chattels and effects shall thereforth be holden in trust for my son Gerard Noel VENN his heirs executors and administrators absolutely.
And I devise that my freehold farm with the appurtenances called Witham Skeith in the parish of Wickham Skeith and also my farm and lands called Somersham in the county of Suffolk And also my freehold farm situate in the parish of Heavenham in the County of Kent and all other real estate whatsoever and wheresoever not hereinbefore disposed of unto and to the use of the said William Henry GAMBIER, Edward Russell James HOWE and Julia Beaumont VENN and their heirs Upon the trusts hereinafter declared concerning the same.
And I give and bequeath unto the said William Henry GAMBIER, Edward Russell James HOWE and Julia Beaumont VENN their executors and administrators All the government stock; East India East and West India Stock; Stock; Shares; Policies and shares in the “Equitable” in the
Imperial Size Office Pelican Office and Commercial Sale Rooms and all other personal estate whatsoever and of what nature or kind soever not hereinbefore disposed of which I may be possessed of or entitled to or may have power to dispose of at the time of my decease.
Upon the trusts herein after directed concerning the same that is to say I direct my said trustees and executors To hold the said real and personal estates so devised and bequeathed to them as aforesaid upon trust as soon as conveniently may be after my decease to recover and receive the amounts payable upon any of the said policies of Assurance and shares and to call in and receive at their discretion all moneys being now owing to me and to convert into money such other parts of my said personal estate as may not consist of money or securities for money.
And upon trust out of the monies to be recovered and received on any of the said policies of Assurance and the money to arise from such conversion of personal estate to pay my debts funeral and testamentary expenses and to invest or keep invested the residue of the said moneys or in or upon any of the public stocks or funds of Great Britain or at interest upon Government or real securities with power from time to time to alter vary and kawspose such stocks funds and securities at their his or her discretion.
And I further direct my said trustees and executors their heirs executors and assigns respectively to receive the rents interest dividends and annual providents? of the said real and personal estates respectively so devised and bequeathed to them and to pay apply and divide the chart income arising therefrom respectively unto and equal between and among and all daughters during their respective natural lives for their respective use and benefit. And it is my intention that the share or shares of such one or more of them as may happen to be married be paid to her or them free from control fets or engagement of her or their husband or husbands and without any borver of alienation charge or anticipation in any manner howsoever.
And I direct that the receipt of any such married daughter and such receipt alone shall at all times be an effective discharge for any money paid to her under the trusts aforesaid. And as to the said real and personal estates and principal trust fund to be devised and bequeath in trust as aforesaid and the money arising from the conversion thereof and of every part thereof I subject to the trust cast aforesaid.
I direct that from time to time soon ? the decease of each and every one of such of my daughters as shall die without been married and without leaving issue one equal seventh part of the principal trust fund the same being subscribed as divided unto seven equal parts shall go and belong to and be held in trust for such person and persons for such interests and in such ? and form as each such daughter as last aforesaid so dying as last aforesaid shall by act last will and testament have given devised or bequeath the same.
And in case any or either of such daughters as last aforesaid shall die without having made any such devise or bequest then that their or share shares or share of the said trust fund shall go and belong to their or her next of kin according to the Statue of Distributions.
And I further direct that from time to time upon decease of each and every one of such of my daughters as shall have been married and shall be having issue the share of each one of such daughters shall go and belong to and be held in trust for all and every the child and children of such daugthers who shall have attained or shall live to attain the age of twenty one years in equal shares and if there shall be but one child then the whole of such mothers share shall go and belong to such one child and in the meantime during the minority of any such child or children the dividends and annual income of each childs share shall be abolled? for his her or their benefit.
And for the purposes of facilitating a division should it become necessary of the said farms lands and real estate I hereby authorise and direct my said trustees and executors and the survivors and survivor of them and heirs executors and administrators of such survivor if they or he shall think proper and expedient so to do to make sale and dispose of the same farms lands and real estate so devised in trust or any part thereof at any time or times either by public auction or private contract for the best prices that they can be gotten for the same.
And I declare that the receipts of my said executors and trustees and the survivors of them and his heirs or of the trustees or trustee for the time being of this Will shall at all times be sufficient discharges for the purchase money to be received upon such sale or sales and that the purchaser or purchasers of the said real estate or any part thereof shall not be obliged to see to the application of such purchase moneys or purchase money. And it being my wish that there may be always three trustees I direct that in case any or either of my trustees hereby appointed or any to be appointed under this present proviso shall depart this life or leave this kingdom to reside beyonds seas or decline or become incapable to act then in either of the said events the acting trustee or trustees for the time being shall nominate any fit person or persons to supply the place of the trustee or trustees respectively so dying or leaving the kingdom to reside beyond the seas or declining or become incapable to act as aforesaid.
And that immediately after every such appointment the said trust estate and effects shall be conveyed assigned and transferred to and in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require and that every such new trustee shall have and may exercise the same powers privileges and authorities of giving effectual receipts and all other powers and authorities whatsoever as if he has been appointed a trustee of this my Will. And it is my will and I do direct that the trustees hereby appointed or to be appointed as aforesaid and each of them their and each of their heirs executors and administrators shall be charged and chargeable with such money as they or he or she respectively shall actually receive notwithstanding he she or they shall or may give or sign or join in giving or signing any receipt or receipts or in the doing of any act or acts for the sale of conformity and that any one or more of the said trustees or any or either of them shall not be answerable or accountable for the other or others of them nor the the acts receipts neglects or defaults of the others or other of them but each of them for his own acts receipts neglects or defaults respectively nor shall they either or any of them be answerable or accountable for any banker broker agent receiver or other person employed to act in the trusts aforesaid or with whom or in whose hands any of the trust monies may be deposited lodged or invested for safe custody or otherwise nor for the fall in price of the stocks nor for the insufficiently or deficiency of any security or securities in or upon which the said trust moneys may be laid out or invested or varying or transferring any of the said funds or securities nor for any their misfortune loss or damage which may happen to the said trust estate and premises or in the execution of the aforesaid trusts or in relation thereto unless the same happen by or through his her or their wilful neglect or default.
And that it shall be lawful for my said trustees herein named and such future trustee or trustees to be appointed as aforesaid and every or any of them their and every of their heirs executors and administrators by and out of the said trust moneys which shall come to their respective hands by virtue of this my will and the trusts aforesaid to deduct retain and reimburse himself herself and theirselves respectively and also to allow to his her and their co-trustee and co-trustees all costs damages and expenses which they or either of them shall or may sustain expend or be put unto in about the execution of the aforesaid trusts or in any wise relating thereto.
And I revoke all former Wills.
In witness whereof I the said Edward Beaumont VENN the testator have hereunto set my hand the [day missing] day of in the year year of our Lord one thousand eight hundred and fifty six. E B VENN. Signed and declared as and for his last will and testament in the presence of us both being present at the same time time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses. Robert MARTIN, Surgeon, Holbrook Ipswich Suffolk Albert FLEMMING Surgeon Holbrook Ipswich Suffolk.
This is a codicil to the last Will and Testament of me Edward Beaumont VENN of Freston Lodge in the County of Suffolk, Esquire which Will was executed by me upon the twenty fifth day of July one thousand eight hundred and fifty six but the date of the day was inadvertently omitted. I revoke the appoint of my cousin William Henry GAMBIER Esquire as an executor and trustee of my Will. And I appoint my friend William TERRY of Southampton Buildings London Esquire to be in his place an executor and trustee together with my other executors and trustees Edward Russell James HOWE Esquire and Julia Beaumont VENN . And I declare that my said Will shall be was and shall take affect as if the name of William TERRY were written in every part of the said Will where in the name of William Henry GAMBIER occurs.
And whereas by said will I have devised unto my son and his heirs (with other herediaments) Estate called Freston Wood Farm in the county of Suffolk, Now I revoke the said devise so far as regards the said Estate called Freston Wood Farm.
And I devise the same with the Boot public house and appurtenances unto the trustees and executors of my Will To hold to them and their heirs upon such and thee same trusts and for such and the same purposes as are by my said will declared concerning the Mansion House called Freston Lodge and the land and appurtenances belonging or attached thereto or usually enjoyed therewith. And whereas I have by said will directed the trustees thereof to permit such of my daughters as should be desirous of so doing and should at the time of my death be unmarried to reside in my said mansion house from the time of my death and as long afterwards as they or any of them should live unmarried and to have use of the land and appurtenances attached or belonging thereto and of the furniture chattels and effects therein.
Now I hereby declare my meaning to be that my daughter Frances Ashton MIDDLETON shall during her life if she shall so long continue a widow be entitled equally with my other daughters to the benefit and enjoyment of the said mansion house farm and lands and it is my wish that the rents and annual income arising from the said farm and lands called Freston Wood Farm and any lands adjoining the said mansion house and the said public house called the Boot be applied so far as the same may be necessary towards the expenses of keeping? up the said establishment at Freston Hall and the surplus (if any) shall go and belong to such of my daughters as shall for the time being occupy the said Mansion House.
In witness whereof I the said Edward Beaumont VENN the testor have hereunto set my hand the eighth day of August one thousand eight hundred and fifty six. E B VENN . Signed and declared by the said Edward Beaumont VENN the testator as and for a codicil to his last will and testament in the presence of us both being present at the same time who in his presence at his request and in the presence of each other hereunto subscribed our names as witnesses. C M DURRANT M.D. Ipswich Robt MARTIN Surgeon Holbrook.
This is a second codicil to the last Will and Testament of me Edward Beaumont VENN of Freston Lodge near Ipswich in the County of Suffolk Esquire. Mr William TERRY having declined to act as one of the executors and trustees of my Will I do hereby revoke the appointment of the said William TERRY and do appoint in his stead my daughter Harriett Anne VENN to be an executor and trustee of my said Will together with the other executors and trustees thereof.
In witness whereof I have hereto set my hand the 19th day of Sepr. in the year of our Lord one thousand eight hundred and fifty six. E B VENN. signed and declared by the said Edward Beaumont VENN the testator as and for a second codicil to his last Will and Testament in the presence of us both being present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses. C M DURRANT M.D. Ipswich Albert FLEMMING Surgeon Holbrook.
By this codicil dated 10th Decr 1856 I revoke all land given to my son and notwithstanding it may be cautioned before I give to him the fee simple of Hempnall Hall with its manorial right Wickham Skeith and the farm at Earl Stonham. All other land to vest in the trustees. E B VENN signed in the presence of us C M DURRANT M.D. Ipswich, Robt MARTIN F.R.C.J Esq. Holbrook near Ipswich.
This is a further codicil to the Will of me Edward Beaumont VENN of Freston Hall Esquire . I revoke the several devises contained in my Will and Codicils which are made unto and to the benefit and in favor of my son. And I hereby devise unto my said son and his heirs the fee simple and inheritance of the estate called Hempnall Hall with the manorial rights and appurtenances thereof. And of the estate called Wickham Skeith and the farm at Earl Stonham. And I devise all other parts of my real estate as my will and codicils or any or either of them were devised to my sons unto the trustees and execurtors of my will and their heirs Upon the trusts declared by my Will of and containing my rosionary? real estate.
In Witness where of I have hereunto set my hand this 16th day of December 1856 E B VENN signed by the testator as a codicil to his Will in the presence of us who in his presence sand in the presence of each other have subscribed our names as witnesses. George Wade GREEN Court Henry Carmarthen Clerk, Benjamin SAGE, Farmer, Freston
In the Prerogative Court of Canterbury In the goods of Edward Beaumont VENN Esq. deceased. Appeared personally Christopher Mercer DURRANT of St. Margaret’s Ipswich in the County of Suffolk Doctor of Medicine Esquire and made oath that he is one of the subscribed witnesses to the codicil to the last will and testament of the said Edward Beaumont VENN late of Freston Lodge in the county of Suffolk Esquire deceased the same being written on half a sheet of note paper and being now hereunto annexed beginning thus “By this codicil” dated 10th Decr 1856 I revoke all land given to my son” ending thus “All other land to vest in the the Trustees and thus subscribed” “E B VENN” . And the deponent referring himself to the said Codicil and mora particularly to the said writed subscription thereto the same appearing to have been reteared or rewritten over the original subscription thereto further made oath that the said codicil was originally signed by the deceased not in the presence of witnesses but that the deceased as certaining that the the same would be invalid by reason thereof he on the said recited day of the date thereof to wit the tenth day of December one thousand eight hundred and fifty six duly executed the same by resigning or retracing his name over the original subscription thereto at the the foot or end of the said codicil in the presence of the deponent and also in the presence of Robert MARTIN Esquire the other subscribed witness thereto present at the same time And the deponent and the said Robert MARTIN then attested and subscribed the said codicil in the presence of the said deceased and of each other in manner as now appears thereon and the deponent referring to the words “All other land to vest in the said Trustees” written at the end of and completing the said codicil further saith that the said writed words were respectively written in the said codicil previous to the execution of the same And the deponent lastly made oath that the said codicil is now in all respects in the same plight and condition as when executed by the said deceased as aforesaid have the Initials of the Surrogate now written thereon. C M DURRANT On the 24th day of March 1857 the said Christopher Mercer DURRANT was only sworn to the truth of this affidavit by virtue of the annexed commission before me John OWEN commissioner.
PROVED at London with four codicils the 30th March 1857 before the Worshipful William ROBINSON Doctor of Laws and Surrogate by the oaths of Edward Russell James HOWE Esquire and Julia Beaumont VENN spinster the daughter also the executor named in the second codicil to whom Admin was granted having been first sworn duly to administer.