Will And Testament Of The Henry Denny BERNERS Of Woolverstone Park

Reverend Henry DennyBerners, The National Archives of the UK (TNA): PRO Reference – PROB 11/214725 February 1852

This is the last will and testament of the Henry Denny BERNERS ofWoolverstoneParkin thecounty ofSuffolk, and clerk late Archdeacon of the Archdeanery of Suffolk.

I give and bequeath all the household furniture and plate linen and other household effects belonging to me whichshall be in and about my late dwelling-house at Holbrook in the said county of Suffolk at the time of my decease and also all such part of the household furniture plate linen and other household effects in and about my present Mansion House at Woolverstone aforesaid or elsewhere at the time of my decease and was possessed due in the lifetime of my late brother Charles BERNERS and which said last mentioned articles of furniture and other effects are enumerated in an inventory thereof signed by me, into my as dear wife Sarah BERNERS for her own absolute use and benefit.

And I also give to my said Wife such one or more of the carriages belonging to me at the time of my decease as she shall make choice of and also all such jewels and personal small items and paraphernalia as she is in the habit of wearing and using as her own

And I also give and bequeath unto my said Wife the sum of £5,000 sterling to be paid to her out of my personal estate within one calendar month after my decease.

And I also give and bequeath it to my said Wife during the term of her natural life and annuity of yearly sum of £1,000 to be chartered and chargeable upon my household furniture and effects hereinafter bequeath to subject thereto to be in trust for my son John BERNERS the said annuity to be payable and paid to her free from all deductions (except for income tax solong as the same shall be payable) in equal proportions half yearly in every year that is to say on the sixthday of January and then sixthday of July in each year the first payment being made on whichever of those days shall first happen after my decease and I declare that the provision hereby made by me for my said wife is intended by me to be in addition to the provision made for her by our marriage settlement and in lieu bar and satisfaction of any Power, freebenth? or thirds towhich she may or otherwise with be entitled of in out of any freehold or copyhold hereditaments ofwhich I now am or at the time of my cease shall be seized or processed

And I give and bequeath to Elizabeth HINES my said wife’s Lady’s Maid if she shall be living in the service of my said wife at the time of the decease of my said wife but not otherwise an annuity or linear yearly sum of 25 pounds there forth for and during the term of her life the sum to be ? to the said Elizabeth HINES in the manner there after mentioned and to be paid to her free from regularly? All other deductions including income tax in equal proportions half yearly in every year, the first payment being made at the expiration of 6 calendar months next after the decease of my said wife.

And I give and bequeath all my household furniture, plate, china, books, puists?, pictures, jewels,     , carriages and other house effects as well indoors as outdoors in and about my said Mansion House and premises at Woolverstone aforesaid not hereinafore specifically bequeathed and also all the live and dead farming and other stock including the deer in the Park of whichI shall be processed at the time of my decease unto Robert Charles ROWLEY late of East Bergholt in the county of Suffolk but now of Manchester Square in the county of Middlesex, Esquire and John BARNARD of Cornhill in the city of London, Esquire, their executors, administrators and always upon the trusts following that is to say As to the said live and dead farming and other stock upon trust that they my said trustees or the survivor

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of them his executors administrators or assigns do and shall with all convenient speed after my decrease make sale and dispose of (in such manner as they or he shall think fit) so much thereof as will be here mentioned will be sufficient to realise by the dividends interest or as income thereof the clear yearly sum of 25 pounds and do and shall stand and be possessed of the said sum so be raised as a foresaid upon the trusts hereinafter declared of or concerning the same and do and shall stand and be possessed of the residue of the said farming and other stock upon trust for my son JohnBERNERShis executors administrators and assigns absolutely

And as to the said household furniture and other effects hereinbefore bequeathed to them my said trustees I declare that they and the survivor of them his executors administrators and assigns shall stand and be processed thereof upon trust during the joint lives of my said wife and my said son John BERNERS to permit and suffer him my said son to have the use and enjoyment of the said household furniture and effects until default shall be made by him in payment of the said annuity or yearly sum of one thousand pounds hereinbefore bequeathed to my said Wife or any part thereof for the space of one Calendar month next after the half yearly times hereinbefore appointed for payment of the same but in case and as often as default shall be made in payment of the said annuity or any part thereof for the space of one Calendar month next after the half yearly times aforesaid then upon trust that they the said Robert Charles ROWLEY and John BARNARDor the survivor of them his executors administrators or assigns do and shall from time to time as often as it shall happen and on receiving notice in writing of such default from my said Wife raise and  effects or by such other ways or means n relation thereto as they my said trustees or trustee shall think fit such sum or sums of money as be sufficient to satisfy and pay so much of the said annuity as at the time of every or any such notice as aforesaid shall be owe and payable to my said Wife and also to pay and satisfy the costs and expenses of actioning the execution of the trusts hereby declared and do and shall apply and dispose of the money so to be raised as aforesaid in payment thereof accordingly and from and immediately after the decease of either of them my said Wife and son do and shall stand and be processed of the said household furniture and effects or so much thereof as shall remain after answering the trust aforesaid upon the trusts following that is to say in case my said son shall die in the lifetime of my said Wife upon trust with all convenient speed after his decease to make sale and dispose of in such manner as they my said trustees or trustee shall think fit so much of the said household furniture and effects as will be sufficient to raise such a sum of money as by purchase or investment in Government or real securities or otherwise will secure the payment of the said annuity of one thousand pounds to my said Wife during the remainder of her life at the times and in manner aforesaid and tolay out and invest the money so to be raised accordingly and to stand and be possessed of the residue if any of the said household furniture and effects and also after the decease of my said Wife of the sum so be raised and invested foresaid in case the same shall not have been laid out in the absolute purchase of the said annuity for my said Wife upon trust for the executors administrators and assigns of my said son.

But in case my said Wife shall die in the lifetime of my said son, do and shall from and immediately after such her decease and the payment of all arrears if any then owe in respect of the said annuity stand and be possessed of the said furniture and other effects or such part thereof as shall not

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have been disposed by virtue of the provision hereinbefore contained in that behalf upon trust for my said son John BERNERS executors administrators and assigns absolutely.

And I declare that my trustees or trustee shall stand and be processed of the said sum of money hereinbefore directed to be raised by sale of my said farming and other stock as [?] said upon trust that they or he do and shall layout and invest the same in their or his names or name in or upon the Parliamentary Stocks or Funds of Great Britain or Government or real securities in England and do and shall during the lifetime of my said wife pay the dividends interest and income of the said stocks funds and securities unto my said son John BERNERS his executors administrators and assigns or otherwise permit him or them to receive the same for his and their own use and benefit and from and after the decease of my said wife in case the said Elizabeth HINES her said present Lady’s maid shall be living in her service at the time of such her decease do and shall there forth pay the said dividends interest and income unto her the said Elizabeth HINES or her assigns during her life in satisfaction and discharge of the annuity or yearly sum of twenty five pounds hereinbefore bequeathed to her in that event and from and after the decease of Elizabeth HINES or in case she shall not be living in the service of my said wife at the time of her decease then from and immediately after the decease of my said wife and stand and be processed of the said trust money stocks funds and securities and dividends interest and income thereof upon trust for and to be paid or transferred to my said son the said John BERNERS his executors administrators and assigns absolutely.

And whereas my said late brother that Charles BERNERS deceased by his Will and testament in writing bearing date on or about the 28th day of June 1831 and proved in the Prerogative Court of the Archbishop of Canterbury on or about the 23rd day of December in the same year gave and devised amongst other hereditaments his Mansion House and Park called Woolverstone Park and the lands and hereditaments thereto adjoining settled by the Will of his grandfather and whereof the said testator and I the said Henry Denny BERNERS and my said son John BERNERS had then lately suffered a recovery and also all the said testators manors mepua? Or farms lands and hereditaments situate in the parishes of Woolverstone, Freston, Chelmondiston, Holbrook, Shotley, Erwarton, Harkstead, and Wherstead or parishes adjoining thereto in the said county of Suffolk . Unto the Reverend George CAPPER Clerk and Edward THOMPSON Gentleman and their heirs. To the use after limitations to the use of them the said trustees for a term? Of 99 years and subject thereto To the use of Henry Denny BERNERS and assigns for the term of my natural life and the determination of that estate.

To the use of my Trustees during my life upon rust to preserve the contingent remainder thereinafter limited of his the said testator’s nephew and my son the said John BERNERS and his assigns for his life remainder.

To the use of trustees therein named and their heirs during the life of the said John BERNERS upon trust to preserve the contingent remainders remainder to the use of the first and other sons of the said JohnBERNERS severally and successively according to priority of birth in tail male remainder to the use of his the said testator’s nephew and my son JohnBERNERS and his assigns for his life remainder

To the use of the same trustees and their heirs during the life of the said Hugh BERNERS upon trust to preserve the contingent remainders remainder to the use of the first and other sons of the said HughBERNERS severally and successively according to priority of birth

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in tail male remainder to the use of his the said testator’s nephew and my son Ralph   BERNERS and his assigns for his life remainder.

To the use of the said testator’s nephew and my son Ralph BERNERS and his assigns for his life remainder to the use of the same trustees and their heirs during the life of the said Ralph BERNERS upon trust to preserve the contingent remainders remainder To the use of the first and other sons of the said Ralph BERNERS severally and successively according to priority of birth in tail male with given remainders over and certain powers of leasing and granting jointures in the said Will respectively mentioned.

And Whereas since thedeathof my said brother I have purchased livers? states (partly freehold and partly freehold) lying intermixed with or contiguous to the saidMansionHousesParklands and hereditaments so devised by the said Will of my said brother as aforesaid.  And I am desirous that said several estates should go and be held with and as part of the rest of the said Mansion Houses Park lands and hereditaments so devised by the said Will of my said brother as aforesaid. Subject to the reimbursement to my personal estate of the purchase money of the same and the costs attending such purchases. And whereas the aggregate of the said purchase monies and costs amount to the sum of twenty thousand pounds or thereabout. And the sum of seventeen thousand and five hundred pounds part thereof has been reimbursed to my personal estate by means of mortgages made by me of some of the estates so purchased. But the sum of nine thousand pounds of the said sum of seventeen thousand and five hundred pounds is charged also upon certain shares in the Adventurers moiety of the New River Water Works belonging to me and hereinafter otherwise devised. And by virtue of the covenants contained in the said mortgages my personal estate is primarily liable to the payment of the whole sum of seventeen thousand and five hundred pounds.

[Roeo?] I declare my mind and will to be that the several sums charged upon the said estates by way of mortgage as aforesaid shall as between the said estates and the Devisees thereof [?] this my will on the one hand and my personal estate and the Legatees thereof on the hand be and be deemed and taken to be charged and also the [?] and the Devisees thereof exclusively upon the said estates so purchased by me in exoneration of my said personal estate and the said New River shares.

And in order more fully to give effect to the said exclusive charge and also reimburse to my personal estate the remainder of the said sum of twenty thousand pounds expended by me in relation to the said purchases aforesaid

I give and devise all and singular the freehold messuages or tenements farms lands and hereditaments situate in the parishes of Woolverstone, Freston, Chelmondiston, Holbrook, Shotley, Erwarton, Harkstead, and Wherstead aforesaid or any or either of them or in anyparishor parishes adjoining to them or any or either of themwhichhave been purchased by me as aforesaid with their and every of their rights or members and appurtenances.

To the use of my friends The Right Honourable Frederick Lord RENDLESHAM Baron RENDLESHAM of that part of the United Kingdom of Great Britain and Ireland called Ireland, The Honourable and Reverend Frederick BARRING of Melchot Park in the County of Hants Clerk and the said George CAPPER[i], John BARNARD and Robert Charles ROWLEY my executors hereinafter appointed their executors administrators and assigns for the term of one thousand years to be computed from theday of my decease without impeachment of waste upon the trusts nevertheless and for the interests and purposes hereinafter declared and after the determination of the said term and in the mean time subject thereto and to the trusts thereof.

I give and devise the same hereditaments and premises to the same or the like also and upon the same or the like trusts and interests and purposes and with under and subject to the same or the like powers of leasing and adjoining and

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and other powers and authorities as in and by the said Will of my said brother are limited and declared of and concerning the said Mansion House Park and hereditament situate in the parishes aforesaid and thereby devised as aforesaid or such of the same uses trusts ends intents purposes powers and authorities as at the time of my decease shall or subsisting undetermined or cable of taking effect in order and to the intent that the said several hereditaments hereinbefore by me devised may go and be held along with and as part of the Mansion House Park and other hereditaments so devised by the Will of my said brother as aforesaid or as near thereto as circumstances will permit

And as to and concerning the said term of one thousand years hereinbefore limited in use to the said Frederick Lord RENDLESHAM Frederick BARING George CAPPER John BARNARD and Robert Charles ROWLEY their executors administrators and assigns as aforesaid

I do hereby declare that the same is limited as foresaid upon the trusts following that is to say upon trust that they the said Frederick Lord RENDLESHAM Frederick BARING George CAPPER John BARNARD and Robert Charles ROWLEY or the survivors or survivor of them his executors or administrators shall and do by and out of the annual rents and profits of the said hereditaments and premises comprised in the said term of one thousand years or by demising leasing selling or mortgaging the same hereditaments and premises or any part thereof for all or any part of the said term therein or by bringing actions against the Tenants or occupiers of the same hereditaments and premises or any of them for rents then in arrear or by all or and of the said ways or by other ways or means as to them or him shall seem meet raise and levy or borrow and take up at interest within 12 calendar months after my decease or as soon as conveniently can be afterwards the sum of two thousand and five hundred pounds Sterling with interest for the same at the rate of four pounds for hundred pounds for a year to be computed from theday of my decease and do and shall stand and be possessed of the money so to be raised as aforesaid as part of my personal estate and upon the trusts hereinafter declared of the same and upon further trust that they the said trustees or trustee do shall from time to time if and when my personal estate or any part thereof or the said New River shares or any part of the same or the executors or trustees of this my Will for the time being in respect thereof shall be proceeded against or called upon for payment of all or any part of the said sum of seventeen thousand and  five hundred pounds so secured by mortgage of the said hereditaments as aforesaid levy and raise or borrow and take up at interest as aforesaid by any of the ways or means aforesaid such a sum or sums of money as shall be sufficient to pay and discharge the sum or sums of moneywhich my said personal estate or the said New River shares or my executors or trustees in respect thereof shall be called upon to pay and do and shall apply the money so to be levied and raised in discharge of the same accordingly and upon further trust that the said trustees or trustee do and shall from time to time levy and raise by the ways or means aforesaid or any of them all such sum or sums of money as shall be sufficient to satisfy and discharge all the costs charges and expenses of and attending the execution of the trusts hereinbefore declared and also the costs and expenses of or attending the transfer or conveyance and discharge of any mortgage or mortgageswhich at or after my decease shall affect the said hereditaments or any part thereof and do and shall apply and dispose of the money to be levied and raised as last aforesaid accordingly and do and shall permit and suffer such of the rents and profits if the

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said  hereditaments and premises as shall from time to time remain after or not be applied towards answering the trusts aforesaid to be serviced by the person or persons to who the next immediate revision or remainder expectant on the determination of the said term of one thousand  years of any in the hereditaments therein comprised shall for the time being belonging by virtue of the limitations hereinbefore contained or referred to for his or their own use provided always

And I do hereby declare and direct that when the trusts hereinbefore declared of or concerning the said term of one thousand years shall have been executed and performed or satisfied or shall become unnecessary or incapable of taking effect and the said trustees and each of them their and each of their executors administrators and assigns shall have received have received his and their costs and expenses of or attending the execution of the trusts thereof then and immediately there forth the said term of one thousand years or so much thereof as shall remain unsold and undisposed of for the purposes aforesaid shall cease determine and be utterly void to all intents and purposes

And I give and bequeath all and singular the leasehold messuages or tenements farms and lands and hereditaments situate in the several parishes aforesaid or any or either of them or in anyparishor place to the same or any or either of them adjoiningwhichhave been so purchased by me as aforesaid unto the said FrederickLordRENDLESHAM Frederick BARINGGeorgeCAPPER JohnBARNARDand Robert Charles ROWLEY their executors administrators and assigns for and during all my estate and interests therein but nevertheless upon such trusts and with such powers as regard being had to the dffercute of the said freehold hereditaments and premises and the said term of one thousand years created therein and after satisfaction of the said trusts and in the mean time subject thereto upon trusts and with such powers as regard being had to such differercute as aforesaid will best or nearest correspond with the limitations hereinbefore contained or referred to of or concerning the said freehold hereditaments to take effect after the determination of the said term and in the mean time subject thereto in order and to the intent that the said leasehold premises may so ? as the rules of Law will permit be held together and along with the said freehold hereditaments hereinbefore devised

And I give and devise and bequeath and by virtue and in exercise and execution of every power in anywiseenabling me in this behalf appoint all such parts of my messuages or tenements farms landsMillsand hereditaments situate at Hellesdon in the County ofNorfolkas are of freehold or leasehold and not of copyhold tenure my said two shares of the Adventurers Moiety of the New River Waterworks and hereditaments and my Capital messuage and hereditaments inColemanStreet in the City of London and also all other freehold and leasehold messuages or tenements or farms lands and hereditaments not hereinbefore devised  of or towhichI now am or at the time of my decease shall or may be seized possessed or entitled their with and every of their rights members and appurtenances unto and to the use of the said    FrederickLordRENDLESHAM Frederick BARINGGeorgeCAPPER JohnBARNARDand Robert Charles ROWLEY their executors administrators and assigns according to the nature of the tenure thereof respectively but nevertheless upon the trusts and for the ends intents and purposes hereinafter declared of any concerning the same , that is to say upon trust that they the said FrederickLordRENDLESHAM Frederick BARINGGeorgeCAPPER JohnBARNARDand Robert Charles ROWLEY or the survivors or survivor of them or their executors administrators or assigns of such survivor do and as soon as conveniently

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can or may be after my decease make sale and absolutely dispose of the said several hereditaments and premises either by public auction or private contract [?] and either at one time or at several times and either with or without special conditions relative to the title or evidence of title thereto such person or persons as should be desirous of beginning the purchaser or purchasers thereof and for the bestpriceand most money that at the time of such sale or sales can be reasonably had or obtained for the same with liberty to buy in the said premises or any part thereof at any such auction and resell the same at any future action or by private contract without being liable or accountable for any loss or diminishing inpricewhen on such resale and do and shall convey assign and assure the same when sold unto the purchaser or purchasers thereof and his or their heirs executors administrators and assigns or as he or they shall direct.

And I authorise empower and direct the said FrederickLordRENDLESHAM Frederick BARINGGeorgeCAPPER JohnBARNARDand Robert Charles ROWLEY and the survivors or survivor of them or their heirs and assigns of such survivor in like manner to sell and dispose of such parts of my said messuages or tenements farms landsMillsand hereditaments situate at Hellesdon aforesaid or elsewhere in the said County ofNorfolk. As are of copyhold tenure and all other the copyhold messuages or tenements farms lands and hereditaments of orwhichI now am or at the time of my decease shall or may be sized or entitled with their and every of their rights members and appurtenances and to revise. And take the purchase money for the same respective hereditaments and to bargain and sell or otherwise assure the same unto the purchaser or purchasers thereof or as he she or they shall direct.

And I declare and direct that they my said trustees and trustee shall stand and be possessed of the monies arising from such sale or sales of my said freehold leasehold and copyhold hereditaments respectively upon the trusts hereinafter declared of and concerning the same.

And I give and bequeath unto the said FrederickLordRENDLESHAM Frederick BARINGGeorgeCAPPER JohnBARNARDand Robert Charles ROWLEY their executors administrators and assigns all my money and securities for money.

All the residue and remainder of my personal estate and effects whatsoever and wheresoever not in hereinbefore specially or otherwise bequeathed or disposed of upon trust that they my said trustees or the survivors or survivor of them his executors administrators and assigns do and shall as soon as conveniently can be after my decease sell and dispose of and convert into money such parts thereof as shall not at the time of mydeathconsistent of money or securities for money and do and collect get in and receive such parts thereof as shall consist of money or securities for money

And I declare that my said trustees and trustee shall stand and be possessed of as well the monies to arise from such collection and conversion as aforesaid as the monies to arise from the sale or sales of my said freehold leasehold and copyhold hereditaments and premises hereinbefore devised and directed to be sold as aforesaid and of the said sum of two thousand and five hundred pounds hereinbefore directed to be levied and raised out of the hereditaments firstly hereinbefore devised as aforesaid upon trust to pay and discharge thereout all my just debts except the said mortgage debts charged upon my said hereditaments firstly hereinbefore devised as aforesaid , funeral and testamentary expenses and the expenses attending the execution of the several trusts hereinbefore declared and the said legacy or sum of five hundred pounds hereinbefore bequeath to my said Wife and a legacy of ten pounds

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Pounds and ten shillings to each themselves my said trustees as a small acknowledgement to them for undertaking the trusts hereby reposed in them and do and shall stand and be possessed of the residue of the said trust monies upon the trustees following.

That is to say as to two equal fifth parts or shares thereof upon trust for and to be paid to my said son HughBERNERShis executors administrators and assigns as to other equal fifth parts or shares thereof upon trust for and to be paid to my said sonRalphBERNERShis executors administrators and assigns to when respectively I give and bequeath the same accordingly.

And as to the remaining one fifth part or share upon trust that they my said trustees or trustees do and shall layout and invest the same in their or his names or name either in or upon Parliamentary Stocks or funds of Great Britain or Government or real securities in England and do and shall from time to time alter and vary such securities for others of the like nature either as occasion shall require or as they or he shall think expedient and do and shall stand and be possessed  of the said stocks funds and securities and the dividends interest and income thereof upon trust from time to time during the life of my said son the said HughBERNERSuntil shall become, if he shall become entitled in possession by virtue of the limitations of the said will of my said brother to the Mansion House Park and other hereditaments thereby settled as aforesaid to pay the said dividends interest and income to him my said son  the said HughBERNERSor his assigns or permit and suffer him or them to service and take the same for his and their own use and benefit and in case my said son  the said HughBERNERSshall become entitled in procession of the said the Mansion House Park and other hereditaments then from and immediately after his so becoming entitled.

I declare that my said trustees and trustee shall stand and be processed of one moiety or equal half part of said stocks funds and securities and the dividends interest and income thereof upon trust for him the said HughBERNERShis executors administrators and assigns.

And of the other moiety or equal half part thereof upon trust for my said son the saidRalphBERNERShis executors administrators and assigns and do and shall pay assign or transfer the same respectively accordingly but in case my said son the said HughBERNERSshall depart this life without having become entitled in possession to the said mansion house park and other hereditaments as aforesaid.  Then I declare my mind and will to be that [?] who is of the said stocks funds and securities in or uponwhichthe said one fifth part or declare shall have been or shall be then invested and the dividends and income of the same shall be held upon trust for the executors administrators and assigns of the said HughBERNERSas part of his personal estate absolutely and shall be paid transferred or assigned accordingly as soon as can be after such the decease of the said HughBERNERS.

And I declare and direct that the rents and the profits of the said respective hereditaments and premises thereby respectively devised and directed to be sold as aforesaid shall in the meantime and until [?] respectively be received and taken by my said trustees or the survivors or survivor of them his executors administrators and assigns as and when the same shall respectively become due and payable and shall be applied by them or him in the first place in payment? And discharging the land tax received rents and other annual outgoings of the said respective hereditaments and premises in defraying the expenses of repairing the same [?] of insuring the buildings thereon from [?] by fire and of performing the covenants and agreements related to such parts of the said premises as are of leasehold tenure and [?] the expenses other outgoing the execution of the trusts and powers herein before declared and contained

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Concerning the same and subject thereto shall be paid to my said two sons Hugh BERNERS their executors administrators and assigns in the proportions inwhich by virtue of this will they would respectively be entitled to the monies arriving from the sales of the said hereditaments and premises if the same were actually sold

And I further declare that in the mean time until such sale or sales shall be made as aforesaid it shall be lawful for my said trustees and trustee to demise or lease the said respective hereditaments and premises or any part thereof as occasion shall require. And for such terms or number of years at rents and under and subject to such covenants and agreements as they or he shall think reasonable. And as so far as regards the said copyhold hereditaments shall not be consistent with the said copyhold revenue.

And also as to such parts of the said hereditaments and premises as are of leasehold tenure if occasion shall require. And they or he shall deem it appropriate for and obtain the renewal of the subsisting lease or leases of the said premises at the customary time or times for renewing the same. And for that purpose to make all such surrenders and do all such other acts as shall be herepary? In that behalf and to take such renewed lease or leases in them or his own names or name or in such other names or name, as they or he deem advisable.

And I declare that it shall be lawful for them and him to deduct and retain out the rents and profits of the said respective hereditaments hereinbefore devised and directed to be sold as aforesaid (as well the freehold and copyhold as the leasehold parts thereof) all such sum or sums of money as they or he shall from time to time expend for the fines and fees incident to such renewal or renewals and all other expenses attending the same provided always.

And I do hereby declare my will and mind to be that notwithstanding any thing hereinbefore contained my said son the said John BERNERS shall have the option of purchasing the said shares in the said Adventures moiety of the New River Waterworks (free from all mortgage [?] affecting the same) at theprice or sum of 45,000 pounds or one of the said shares at theprice or sum of 22,000 and 500 pounds.

And also that my son the said Hugh BERNERS shall have the option of purchasing my messuage or tenement and farm partly freehold and partly copyhold situate at Hellesdon aforesaid with its appurtenances now or lately in the occupation of George GOWING at theprice or sum of eleven thousand pounds before the same respectively are offered for sale to any other person or in any other manner.

And I do desire the trustees or trustee for the time being acting under this my will to give my said sons respectively the option and preference of purchasing the said respective premises at such respective prices accordingly upon the terms that they do respectively within three calendar months from the time of my decease enter into agreements to complete such respective purchases within three calendar months from the date of such respective agreements. And on the completion of the said respective purchases pursuant to the said respective agreements I desire my said Trustees or trustee to convey surrender or otherwise assure the said respective hereditament to my said son respectively and to their respective heirs and assigns.

And I [?] declare my will and mind to be that in case my said son the said Hugh BERNERS shall depart this life in my lifetime or surviving me shall decline or refuse to purchase the said messuage or tenement and farm at the price and upon the terms hereinbefore mentioned or in the case he shall for the space of three Calendar months after my decease neglect to signify to my said trustees or trustee his desire so to purchase the same or shall neglect or refuse to enter into such agreements as aforesaid or having entered into the same shall neglect or refuse to  complete the said purchase for the space of three calendar after the date of such document then my said trustees or trustee shall give the same option to my said son Ralph BERNERS to purchase the said messuage or tenement and farm at the same price upon the terms that he do within three months after he shall have served notice in writing from my said trustees or trustee that He the said Hugh BERNERS has declared neglected or refused enter into an agreement to complete such purchase within three Calendar months after the date of such last mentioned agreement and on the completion of such purchase pursuant to such agreement I desire my said trustees or trustee to convey surrender or otherwise assure the premises to the said Ralph BERNERS his heirs and assigns

And I further declare that in case my said son the said John BERNERS as to the said New River shares or either of them and my said son Hugh BERNERS and also my said son the said Ralph BERNERS as to the said messuage or tenement and farm with its appurtenances at Helleson aforesaid shall respectively decline or refuse to purchase the said respective premises or shall within the several periods aforesaid respectively neglect to signify to my said trustee or trustees their desire so to purchase the same or shall neglect or refuse to enter into such respective agreements as aforesaid or having entered into such neglect or refuse to complete such respective purchases for the space of three calendar months after the dates of such respective agreements then the premises in respect ofwhich such refusal or neglect shall have taken place shall be sold by my said trustees or trustee in the same or like manner and with the same or the like powers in every respect in and with the same would have been deliverable?

under the trusts hereinbefore contained in case this present provision had not been made and I declare that no person purchasing the said respective premises or any part thereof shall be bound to [?] whether such respective option as aforesaid has been given and refused not be in any way answerable notwithstanding that the same shall not have been given or shall not have been refused

And I declare that the sum or sums of money to be received from my said sons or either of them in respect of such respective purchases shall be held by my said trustees or trustee upon the same trusts as are hereinbefore declared of or concerning the money to arise from the sale of the said premises pursuant to the trusts and powers hereinbefore contained and that the rents and profits of the said premises until the completion of such purchase or purchases by my said sons shall be held and applied by my said trustees or trustee in the same or the like manner as is hereinbefore directed concerning the same until sale thereof pursuant to the said trusts and powers.

And I give and devise unto the said Frederick Lord RENDLESHAM Frederick BARRING George CAPPER John BARRARD and Robert Charles ROWLEY their heirs and assigns all such real estates as are vested in me as a mortgagee or trustee either in my own right or as an heir at Law or otherwise according to my estate right title and interest therein respectively but upon the trusts and for the purposes forwhich the same are respectivelyholden by me

And I expressly declare that the receipt or receipts of the trustees or trustee for the time being acting in the execution of the respective trusts and powers declared by this my will to any person or persons paying any purchase or other money to them or him under or by virtue of this my will shall to all intents effects and purposes discharge the person or persons paying the money therein expenses to be received from availability seeing to the application and all respectively for or on account of the misapplication or non-application of the same money or any part thereof.

And I nominate and appoint the said Frederick Lord RENDLESHAM Frederick BARRING George CAPPER John BARNARD and Robert Charles ROWLEY Executors of this my will proved always and I do hereby further declare my mind and will to be that in case the said trustees nominated and appointed by this my will or any or either of them or any new trustee or trustees to be appointed under this present provision in their or any or either of their place shall die or desire to be discharged of and from or shall neglect or refuse or become incapable to act in the trusts and powers hereinbefore declared and contained before the same shall be fully executed and performed then and in that case and as soon and as often as the same shall happen it shall and may be lawful to and for the acting trustee or trustees for the time being of the said trust estate and premiseswhich shall be then vested under or by virtue of this my will in the trustee or trustees respectively so dying desiring to be discharged or refusing neglecting or becoming incapable to act as aforesaid or the last acting trustee thereof or the executors  or administrators of the last acting trustee under this my will to nominate any person or persons to supply the place of the trustee or trustees respectively so dying desiring to be discharged or refusing neglecting or becoming incapable to act as aforesaid and that immediately after every such appointment the said trust estate and premises shall be conveyed assigned and transferred so and in such manner as 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 in his or their executors administrators and assigns upon the trusts and with the powers hereinbefore expressed and declared of and concerning the same and that every such new trustee shall have and may exercise the same powers privileges and authorities whatsoever  as if the had been appointed a trustee by this will and as if this name had been inserted in this my will instead of the name of the trustee or trustees hereby appointed in or to whose place such new trustee or trustees respectively shall come or succeed provided also.

And I do further declare my mind and will to be that the said trustees and executors hereby nominated and appointed and the trustees to be appointed by virtue of the provision lastly in hereinbefore contained and each and every of them and their executors administrators and assigns of them and each and every of them respectively shall be charged and chargeable only for such money as they respectively shall actually receive by virtue of the trusts hereby in them and him reposed notwithstanding their or any of their giving or signing or joining in giving any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the other or others of them nor for any involuntary loss whatsoever and that it shall be lawful to and for them respectively by and out of the monieswhichshall come to his and their respectively hands by virtue of the trusts aforesaid to deduct retain and reimburse to and for himself and themselves respectively and also allow his and their co trustee and co trustees all costs charges and expenseswhichhe they  or any of them shall or may suffer sustain expend disburse layout be at or be but unto in or about the execution of the aforesaid trusts or in relation thereto.

And lastly I hereby revoke and make void all my former Wills and other testamentary dispositions.

In witness where of I have signed my name to each of the seventeen preceding sheets and at the foot or end of this my will the thirteenthdayof January one thousand eight hundred and forty seven.

HenryDennyBERNERSSigned by the said

Henry Denny BERNERS the testator as and for his last Will and testament in the presence of or present at the same time who at his request in his presence of each other have hereto subscribed our names as witnesses. Wm RODWELL Hasell RODWELL

 

CODICIL

This is a codicil to the will of me Henry Denny BERNERS of Woolverstone Park in the county of Suffolk Clerk late archdeacon of the Archdeanery of Suffolk whereas I have by my said will devised amongst other hereditaments my messuage or tenement and a farm situate at Hellesdon upon certain trusts for sale with a provision that my son Hugh and in the event of his death in my lifetime or his declining then that my son Ralph shall have the option of purchasing the same at a certainprice in my said will named Now? I do hereby revise the said option as to both my said sons and do declare and direct that the trustees or trustee of my said Will shall proceed to a sale of the said messuage or tenement and farm in the same manner as if the said proviso had not just been inserted in my said Will.

And in all other respects I confirm my said Will.

In witness whereof I have signed my name at the foot or end of this Codicil to my Will the twenty ninth dayof June one thousand eight hundred and fifty. Henry Denny BERNERS Signed by the said Henry Denny BERNERS the testator as and a Codicil to this Will in the presence of us present at the same time who at his request in his presence and in the presence of each other have here to subscribed our names as witnesses. Wm RODWELL and Frederick ARNOLD.

CODICIL

This is a codicil to the will and Testament of me Henry Denny BERNERS of Woolverstone Park in the county of Suffolk Clerk late Archdeacon of the Archdeaconry of Suffolk whereas the Reverend George CAPPER and John BARNARD Esquire two of the executors and trustees named in my said Will have both since departed this life and The Right honourable Frederick Lord RENDLESHAM another of the said trustees and executors has signified his desire to be discharged from the said executorship and trusts.

Now I do hereby revoke the appointment of the said Frederick Lord RAWLESHAM to be an executor and trustee of my said Will and I do hereby nominate and appoint William ASHTON of Number – Wilton Place Knightsbridge in the county of Middlesex Esquire to be an Executor of my will jointly with the Right Honourable and Reverend Frederick BARRING and Robert Charles ROWLEY Esquire the other executors in my said Will named and in the place and stead as well of the said Frederick Lord RENDLESHAM as of the said George CAPPER and John BARNARD and to be a trustee of my said Will jointly with the said Robert Charles ROWLEY in the place and stead of the said John BARNARD as to such of the trusts of my said Will as are thereby vested in the said Robert Charles ROWLEY and John BARNARD and also jointly with the said Frederick BARRING and Robert Charles ROWLEY in the place and stead of the said George CAPPPER John BARNARD and Frederick Lord RENDLESHAM as to such of the said trusts as are my said Will vested in the said Frederick BARRING Robert Charles ROWLEY George CAPPER John BARNARD and Frederick Lord RENDLESHAM.

 

And I do give devise and bequeath to the said William ASHTON his executors administrators and assigns jointly with the said Robert Charles ROWLEY his executors administrators and assigns and also to the said William ASHTON his executors administrators and assigns jointly with the said Frederick BARRING and Robert Charles ROWLEY their executors administrators and assigns all the estates both real and personal trusts powers and authorities which were by my said will given devised and bequeathed to the said John BARNARD his executors administrators and assigns jointly with the said Robert Charles ROWLEY his executors administrators and assigns and to the said George CAPPER,  John BARNARD and Frederick Lord RENDLESHAM their executors administrators and assigns jointly with the said Frederick BARRING and Robert Charles ROWLEY in order and to the intent that the said Robert Charles ROWLEY and William ASHTON and the survivor of them and the executors and administrators of such survivor and their and his assigns as to such of the trusts of my said Will as were thereby vested in the said Robert Charles ROWLEY and John BARNARD and the said Frederick BARRING, Robert Charles ROWLEY and William ASHTON

And the survivors and survivor of them and the heirs executors and administrators of such survivor and their and his assigns as to such of the said trusts as were by said Will vested in the said Frederick Lord RENDLESHAM Frederick BARRING George CAPPER John BARNARD and Robert Charles ROWLEY may act in the execution of the said respective trusts powers and authorities as fully and effectually to all intents and purposes as if the name of the said William ASHTON had been originally inserted in my said instead of the name of the said John BARNARD as to the first mentioned trusts  and instead of the name of George CAPPER, John BARNARD and Frederick Lord RENDLESHAM as to the said secondly mentioned trusts

And as if the estates trusts powers and authorities thereby given devised or bequeathed to or vested or intended to be vested in them he said John BARNARD and Robert Charles ROWLEY and the survivor of them and the executors and administrators of such survivor and their and his assigns had been thereby given devised or bequeath to or vested in the said Robert Charles ROWLEY and William ASHTON and the survivors and survivor of them and their executors and administrators of such survivor and their and his assigns. And in all other respects I confirm my said Will. In witness whereof I signed my name at the foot or end of this Codicil to my Will the fourteenth day of September 185. Henry Denny BERNERS . Signed by the said Henry Denny BERNERS the testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereto subscribed our names in witness Frederick [?] [?] [?]

 

PROVED at London with two Codicils 25^th February 1852 before the Worshipful Frederick Thomas PRATT Doctor of Laws and Surrogate by the Oaths of the honorable and Reverend Frederick BARING Clerk and Robert Charles ROWLEY the executors named in the Will and William ASHTON Esquire the executor name in the second Codicil to whom Admin was granted having been first Sworn duly to administer.

 

Transcript Copyright Marcus Bateman 2003.

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