Catalogue description Probate copy of the will (dated 15 Mar. 1842) and codicil (dated 10 Sept. 1842) of William Postlethwaite of Hambrook House in Funtington, but formerly of Chidham, esq

This record is held by West Sussex Record Office

Details of Add Mss1291
Reference: Add Mss1291
Title: Probate copy of the will (dated 15 Mar. 1842) and codicil (dated 10 Sept. 1842) of William Postlethwaite of Hambrook House in Funtington, but formerly of Chidham, esq
Description:

Devises and bequeaths all his real and personal estate (except for specific bequests) to nephews Joseph Legg Postlethwaite of College Street, Westminster and of the Journal Office of the House of Commons esq., William Charles Rickman of Duke Street, Westminster, esq., and John Joseph Tourle of Southampton Buildings (co. Midd.), gent., upon trust to dispose of his freehold, copyhold and leasehold estates (and he expressly declares that it shall be lawful for said Joseph Legg Postlethwaite and William Charles Rickman either jointly or separately to purchase any part of the estates, 'notwithstanding they are Trustees of this my Will and also notwithstanding any law rule or doctrine whatsoever to the contrary'), to pay his debts, etc., and to stand possessed of one-third of the remainder of the trust monies in trust to permit his said nephew and godson Joseph Legg. Postlethwaite to retain thereout the sum of £1,000 for his own use, and to invest the residue of this one-third part in government stocks or upon mortgage of freehold or copyhold estates, and to pay the interest thereof to his (the testator's) bro. Joseph Adams Postlethwaite for life, then as to one moiety of the residue of this one-third part in trust for said Joseph Legg Postlethwaite (one of the two children of said Joseph Adams Postlethwaite) for his own absolute use, and as to the other moiety to pay such part of the interest as said Joseph Legg Postlethwaite, and after his death said William Charles Rickman, and after his death the trustees shall think proper to Mary Ann, w. of John Budd of Hawkley [co. Hants] (the other child of said Joseph Adams Postlethwaite) for life, any part not thus paid to go in accumulation of the principal fund, except that such accumulations may be paid to said Mary Ann Budd for the benefit of her children, and after the death of said Mary Ann Budd to remain in trust for her children in such shares as said Joseph Legg Postlethwaite, and after his death said William Charles Rickman, and after his death the trustees shall appoint and in default of such appointment to be divided between her children, who being a son shall attain the age of 21 or being a daughter shall attain that age or marry, in equal shares as tenants in common, and should no child live to acquire a vested interest, then in trust for such person as would have been entitled to the same as next of kin to the testator at the time of the death of said Mary Ann Budd, or the failure of her children; and as to another one-third of the principal trust monies upon trust to be equally divided amongst the three children of his (the testator's) deceased sis. Susannah Rickman, late w. of the late John Rickman, esq. (viz. said William Charles Rickman, Anne, w. of Rev. Anthony Cottrell Lefroy and Frances, w. of Rev. Richard Brindley Hone) as tenants in common; and as to the remaining one-third, upon trustto invest the same in government stocks or upon mortgage of freehold or copyhold estates, and to pay the interest thereof to his (the testator's) sis. Mary Ann, w. of Thomas Tourle, esq., for life, then upon trust to divide the principal trust monies into eight equal parts and to pay seven equal shares to the seven following children of said Mary Ann Tourle (viz. Mary Ann, w. of Thomas Ellman Thomson, esq., Thomas Tourle, Susan, w. of Rev. Theodore Augustus Echalaz, Anne, w. of Henry Heald, esq., Caroline Tourle, Emma Jane Tourle and said John Joseph Tourle) as tenants in common, and to invest the remaining one-eighth share in government stocks or upon mortgage of freehold or copyhold land, upon trust to pay the interest to Frances, w. of Wasey Sterry, esq. (one other child of said Mary Anne Tourle) for life, then upon trust for her children in such shares as she shall appoint, and in default of such appointment, to be divided between her children equally as tenants in common to be vested interests in them at the age of 21 as to sons and at that age or day of marriage as to daughters, and should no child become entitled to the trust fund, then in trust for such persons as would have been next of kin to the testator at the time of the death of said Frances Sterry, or the failure of her issue

 

Bequeaths to his footman, cook and housemaid living with him at the time of his death £3 each for mourning or a suit of mourning, and £1 for every year not exceeding sixteen they shall have lived in his service

 

Appoints said William Charles Rickman, Joseph Legg Postlethwaite and John Joseph Tourle as executors. Appoints that the £8,600 stock new 3½ per cent annuities settled upon his marriage with his late wife [see Add Mss1289] shall be held by said Joseph Legg Postlethwaite, William Charles Rickman and John Joseph Tourle upon the trusts as above

 

Confirms the testamentary disposition made by his wife (who died 25 July 1834) of £539 16s. 4d, three per cent reduced annuities, bought with a legacy of £500 bequeathed to her by her bro. Rev. George Taunton, and bequeaths to the executors or administrators of his wife for the purposes of her will and as if the same had been her separate property, all the books, plate and plated goods which belonged to her previous to her marriage, 'an Inventory or Catalogue of which will be found tied up with this my Will', and two framed pictures of dead game, a small rosewood table and two rosewood fire-screens ornamented with painting and glass

 

Power for the appointment of fresh trustees.

 

Declares that said John Joseph Tourle may, with the approval of said Joseph Legg Postlethwaite and William Charles Rickman, act as solicitor to the trust under this will, and that 'he shall be entitled to make the same professional charges and receive the same fees and allowances for business transacted for the trust estate as he would be entitled to make and receive for the business so transacted if he did not fill or sustain the office of Trustee or Executor under this my Will any rule of Law or Equity to the contrary notwithstanding'

 

By the codicil he revokes the clauses relating to the bequest in trust for Frances Sterry, to whom he now bequeaths her share absolutely

 

Witnesses, to the will - Mary Davies of Chichester, wid., Augusta Green of South Shields (co. Durham), spinster; to the codicil - Mary Hounson, Funtington, w. of H.J. Hounson, esq., Susan Hurry, spinster, Funtington

 

Proved P.C.C.; papered wafer seal

Date: 15 May 1843
Held by: West Sussex Record Office, not available at The National Archives
Language: English
Link to NRA Record:

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