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The last Will and Testament of
Joseph Essam
14th Septr 1855

Beginning of the Will of Joseph EssamThis is the last Will and Testament of me Joseph Essam of Desborough in the County of Northampton, Gentleman.

In the first place I charge my residuary personal estate with the payment of all my just debts, funeral, testamentary, and incidental expenses and legacies given by this my will.

I give unto my granddaughter Emma Crick the furniture standing in the two Back rooms of the house in which I now reside at Desborough aforesaid; also the Clock upstairs, and the table, and Tea spoons, and Knives and Forks I now have in common use.

I give unto my daughter Mary Lawson all the residue and remainder of my furniture, plate, linen, china, books, prints, and pictures of whatever description that may be in and about my said dwelling house at the time of my decease. And I direct that neither the said Emma Crick or Mary Lawson shall remove any of the Stoves or Grates out of my said dwelling house.

I give and bequeath unto my granddaughter the said Emma Crick, the wife of Herbert Crick of Upper Edmonton, Middlesex, one annuity or yearly sum of twenty five pounds per annum to be paid and payable to my said granddaughter, and into her proper hands, hereby declaring her receipt alone - notwithstanding coverture - to be a good and proper discharge for the same for and during the term of her natural life, and by even and equal half yearly payments computing from the day of my decease and free from the debts, control, engagements, or interference of her present or any future husband. Whereas I have lately purchased of Herbert Crick and others a freehold estate consisting of a Public House, Bakehouse, Cottage, Brewhouse, Washhouse, Stables, and sundry other outbuildings, all adjoining situate at Desborough aforesaid, now I hereby charge the same with the payment of the said annuity to my said granddaughter.

Also I give and bequeath unto the said Herbert Crick a legacy of fifty pounds. And also I give and bequeath unto the children, if any, of my said granddaughter Emma Crick, who may be living at her decease, the sum of two hundred and fifty pounds to be equally divided between them share and share alike, and as tenants in common, and to be vested interest in such children respectively on the death of their mother and on the death of the said Emma Crick so much and such part of my residuary real and personal estate as my said Executors may see fit to be said to make up such amount.

Also I give and bequeath unto all and every the children of my said daughter Mary Lawson who may be living at her decease a legacy of fifty pounds a piece to be paid to them on their respectively attaining their age of twenty one years.

Also I give and bequeath unto my servant Sarah [illegible], if living with me at my decease, a legacy of Nineteen Guineas.

And as to all my freehold and real estate, and the just residue and remainder of my personal estate not hereinbefore specifically bequeathed by this my will, I give devise and bequeath the same and every part thereof unto my Executors and Trustees hereinafter named, their executors or administrators, upon trust to get in all my personal estate not consisting of leaseholds (if any) and to invest the same out at interest upon Government or good leasehold securities at the sole discretion of my said Executors and Trustees, and during lifetime of my said daughter and with her concurrence[?] in the purchase of freehold property in England if my said Executors shall see fit, and upon trust to stand possessed of my said freehold and real estate freeholds (if any) and residuary personal estate and investments thereof; upon trust out of the rents, dividends, interest, and annual proceeds in the first place to pay all outgoings to which the same may be severally liable to, and in particular all outlay for insuring, repairing, and otherwise in relation to any real or leasehold estates and then to pay the net and clear surplus income from time to time deriving therefrom into the proper hands of my daughter Mary Lawson for and during the term of her natural life, and from and immediately after her decease upon trust for my said Executors and trustees absolutely to sell and dispose of all my said freehold and real leaseholds (if any) and residuary personal estates and investments thereof from time to time either by public auction or private contract, or partly by each of those means, and to stand possessed of the clear proceeds arising therefrom unto and for the equal benefit of all and every the children of my said daughter Mary Lawson who may be living at her decease, share and share alike and as tenants in common, and to be vested interest in the said several children of my said daughter Mary Lawson on their attaining their respective ages of twenty one years with benefit of benefit of survivorship. If any of such children should be under his or her age of twenty one years it being my will and meaning that the share of any of the said children of my daughter who may be under age shall in the meantime be invested upon good government securities at interest.

And I do hereby authorize and empower my said Executors and Trustees, during the minority of the children of my daughter Mary Lawson or the children of my granddaughter Emma Crick, to pay and apply the whole or so much as they shall see fit of the income of the portions or shares of such several children of my said daughter and granddaughter respectively, for the time being contingently entitled under this my will after the decease of their respective parents, for and towards their respective maintenance education and bringing up in life accumulating the surplus income, and the income and accumulations ultimately unapplied[?] to follow the destination of the capital where the same shall have arisen.

And I also authorise and empower my said Executors if they shall see fit and during the lifetime of my said daughter Mary Lawson with her concurrence to pay and apply so much of the capital not exceeding one half of and in the shares and portions of any child or children of my said daughter who may from time to time be under age and be absolutely or contingently entitled to any estate or interest under this my will for and towards the advancement and putting out in life of such child or children as last aforesaid who may be so under age and so entitled as last aforesaid.

And I do thereby will and declare that all and every the shares, estates and interests that my said daughter Mary Lawson or my granddaughter Emma Crick or their several issues being daughters may respectively take under this my will shall be for their respective sole, separate, and absolute use, and benefit, and shall in no respect, and on no account be subject to the debts, control, engagements, or interference of any husband or husbands to whom they may respectively be intermarried.

And I do hereby further declare that the receipt or receipts of my Executors and Trustees for the time being of this my Will for any monies coming to their respective hands under the trusts herein contained for rents, purchase, monies or otherwise shall be good and sufficient discharge and discharges to the person or persons paying the same without such person or persons being obliged to see to the applications thereof or being answerable for the misapplication or nonapplication of the same.

And that my said Executors or other the Trustees for the time being of this my Will shall not be responsible the one for the other of them nor for the acts, receipts, disbursements, neglect, or default of the other of them, but each for himself and his own acts, receipts, disbursements, neglects, and defaults only. And that the Executors and Trustees for the time being of this my Will and each of them shall and may respectively disburse and reimburse to himself, and allow to each other, all reasonable costs, charges, damages, and expenses that my said Executors or trustees may respectively reasonably incur or be put into in carrying into effect the trusts of this my Will.

And lastly I hereby nominate constitute and appoint Charles Jesson of Orchard Place in Kingsland Road in the County of Middlesex and the said Mary Lawson to be Executors and Trustees of this my Will.

And hereby revoking all former Wills by me at any time heretofore made do hereby declare this to be my last Will and Testament. In Witness whereof I have hereunto set my hand and seal this Fourteenth day of Septr one thousand eight hundred and fifty five Joseph Essam (LS) signed, sealed, published and declared by the said Joseph Essam the testator as and for his last will and Testament in the presence of us who in his presence at his request and in the presence of each other at the same time have hereunto subscribed our names as Witnesses James Biggs, Thomas Bosworth Desborough

Probate

Proved at London 6th January 1858 before the worshipful Samuel Fowkes Wambey [???] of Laws and Surrogate by the Oaths of Charles Jesson and Mary Lawson, widow, the daughter, the Executors to whom Admon was granted having been first sworn duly to administer.

[MARGINAL ADDENDUM]

On the 30th August 1866 Admon - with the Will annexed of the personal estate and effects of Joseph Essam late of Desborough in the County of Northampton, Gentleman, who died 3rd October 1857 at Desborough aforesaid left and administered by Charles Jesson and Mary Lawson, widow, the daughter of the said Deceased, whilst living the Executors, and Residuary Legatees In trust named in the said Will - was granted to Edward Wentworth Lawson and Charles Christian Lawson the Grandchildren of the Testator, two of the natural and lawful Children of Mary Lawson deceased, and as such having attained the age of twenty one years two of the Residuary Legatees substituted in the said Will they having been first sworn, the said Mary Lawson having survived the said Charles Jesson and died intestate, the said Mary Lawson being also the Residuary Legatee for life named in the said Will.


Notes:-

It's interesting to see how concerned Joseph was for the welfare of his female descendents - specifying several times, in defiance of custom, that the legacies he was leaving them were to be free from all interference or control by their husbands and not to be used to pay the latters' debts. Daughter Mary and granddaughter Emma were both married at the time the will was made, so it is possible that he had concerns about one or other of their husbands.

"Fifty pounds" - this equates to about £7,425 in 2005
Value calculated from the information in
Inflation: the value of the pound 1750-2005 (House of Commons Library Research Paper 06/09)

The original will has no punctuation or separate paragraphs. As this makes it hard to read I have inserted some punctuation and tried to break the text into separate clauses.

"[?]" following a word means that the word on the original document is unclear and the transcription may be incorrect.

" [???] " means that a whole word was illegible and could not be guessed at.

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