Francis Glanville

13 Jan 1845

This is the last Will and Testament
of me Francis Glanville the elder of Queen Anne Street in the parish of Saint Marylebone in the County of Middlesex Esquire I desire to be buried in the plainest and least expensive manner in whatever parish I shall happen to die and if my death shall take place in the country then that my body be carried to the grave by eight poor labourers of the parish to each of where I desire one sovereign to be give for his trouble I bequeath to my deest (?) son ffrancis Glanville in proof of my love and affectionate regard for him one hundred pounds sterling I do not may any larger bequest to him than that sum of one hundred pounds and that which is hereinafter contained of a share of the continual surplus of my residuary estate abarond (?) the sum of forty thousand pounds as I consider him already provided for by the settlement on his marriage and whereas in and by a certain indenture bearing date on or about the twenty fourth day of July one thousand eight hundred and thirty five and made or exprefsed to be made between Mary Ann Spencer widow of the first part my son The Reverend Edward ffanshaw Glanville of the second part Myself of the third part and Sir ffrancis Bernard Morland Baronet Thomas Tyringham Bewart Esquire and my son Charles ffanshawe Glanville of the fourth part being the settlement made previously to the marriage of my said son Edward ffanshaw Glanville with the said Mary Ann Spencer now his wife I did covenant with the said Sir ffrancis Bernard Morland Thomas Tyringham Bernard and Charles ffanshawe Glanville their heirs executors administrators and afsigns that if the said marriage should be solemnized I would by deed or by my last will and testament in writing or *** a codicil or codicils thereto give devise or otherwise effectively afence (?) unto them the said Sir ffrancis Bernard Moreland Thomas Tyringham Bernard and Charles ffanshawe Glanville or the survivors or servivor of them of the trustees or trustee fro the time being of the said indentured and their or his heirs executors administrators and afsigns from and immediately after the decease of the survivor of myself and Elizabeth my wife one full eighth part or share of and in all the real and personal estate and effects or of the real monies to be produced by the sale and conversion thereof after deducting the expenses of such conversion of or to which I should die siezed pofsefsed or entitled subject to the payment of my debts funeral and testamentary expenses save and except any legacy or legacies which I might have act executing together the sum of one hundred pounds sterling or that if I should not effectually (?) make such gift devise or other afsurance then such trustees or trustee for the time being should be entitled as and from my decease but without prejudice to the life interest of the said Elizabeth my wife to such one eighth part or share or so much thereof as should not be so effectually given and devised or otherwise afsured as aforesaid with a proviso that if my said real and personal estate should at the time of my death be of greater amount or value than the sum of forty thousand pounds sterling after payment of my debts and funeral and testamentary expenses and of such legacy or legacies as if any no exceeding as aforesaid then and in such case instead of the said one eighth part or share the said Sir ffrancis Bernard Morland Thomas Tyringham Bernard and Charles ffanshwe Glanville or the survivors or survivor of them of the trustees or trustee for the time bing of the said indenture shouold be entitled to have and have from and out of such my real and personal estate an effcts as and from my deceased but without prejudice to the life interest of the said Elizabeth my wife the sum of five thousand pounds sterling only being one eighth part of share of and in the said sum of forty thousand pounds sterling Now I give devise and bequeath all my freehold manor and estate at Cecthere (?) of the parish of Menherriot Morval and Liskeard and my freehold estate of Clinist in the parish of Saint Germains and Trewethisk in the parish of Endellion all in the County of Cornwall and my leasehold Manor of Bonialva in the said parish of Saint Germains held on lease under the Duchy of Cornwall and all other the real and personal property and estate of whatsoever nature or kind the same may be of or to which I shall be seized pofsefsed or entitled on the time of my decease unto and to the use of my said son ffrancis Glanville my son John Glanville and my said son Edward ffanshawe Glanville their heirs executors administrators and afsigns according to the respective natures thereof upon and for the trusts hereinafter exprefsed of and concerning the same (that is to say) upon trust that they the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville or the survivors or survivor of them or the heirs executors administrators or afsigns of such survivor shall and so when and as soon after my decease as they or he shall in their or his discretion think fit but not sooner sell dispose of an convert into ready money so much or such part of my personal estate other than leasehold as should not at the time of my decease consist of moneys or government or real securities or of such personal securities if any as my said trustees or trustee for the time being shall in their or his discretion (and without being answerable for the exercise of such discretion) think proper to keep or retain and shall and so receive recover and get in all such monies as shall be owing to me at the time of my decease and also upon trust that they the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville or the survivors or survivor of them of the heirs executors administrators or afsigns of such survivor shall and do at such time or times as they or he in their or his discretion shall think proper but not sooner sell and absolutely dispose of all and singular my freehold and leasehold manors mefsuages lands tenements tithes and hereditaments together or in parcels by public sale or auction or private contract unto any person or persons as to thereof or of any part thereof and subjec to such conditions and stipulations as such trustees or trustee shall intheir or his discretion think proper or expediant with full power to them or him to been (?) in the premises or any part or parts thereof at any such auction or auctions to rescind or vary the terms of amy contract or contracts *** may be made or entered into publicly or privately for the sale or sales of all or any part or parts of the premises and afterwards to sell in either of the ways aforesaid the premises which shall have been so bought in or the contract or contracts for the sale of which shall be rescinded (?) without being answerable for any lofs or expenses which may be occasioned by such postponed sale or sales and to make and execute all such contracts deed conveyances afsignments and afsurances as shall be requisite or necefsary to effectuate and to complete all and every such sale or sales and I direct that the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville or the survivors or survivor of them or the executors administrator or afsigns of such survivor shall and so by and out of the produce of my said real and personal estate pay and satisfy my just debts and funeral and testamentary expenses the said legacy of one hundred pounds and all costs charges and expenses which may be occasioned to them in or about the execution of the trusts and powers in this my will declared and contained and after or subject to such payments shall and do lay out and invest the kear (?) surplus of the monies which shall arise by the said *** conversion of my real and personal esate and which shall be got in and produced pursuant to the trusts aforesaid and also such part of my personal estate as shall consist of ready money at the time of my decease and which may not be required fpr executorship purposes in the names or name of them the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville or of the survivors or survivor of them or of the executors administrators of afsigns of such survivor or of other *** trustees or trustee for the time being of this my will in some or one of the parliamentary stocks or funds of Great Britain or at interest upon government or real securities in England or Wales and shall and so from time to time at their or this execution call in receive transfer and dispose of as well the said last invested stocks funds and securities as also such part of my personal estate as shall at the time of my decease consist of government or real or personal securities and shall and so lay out and invest the monies to arise by every such calling in sale transfer and disposition in the names or name of the said trustees or trustee for the time being in or upon new or other stocks funds or securities of the same or the like nature and so to be varied and transposed from time to time as often as they or he shall think proper but so neverthelefs that all such variations of stocks funds or securities be with the consent of my said wife during her life and I direct that the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville and the survivors and survivor of them and the executors administrators of afsigns of such survivor or other the trustees or trustee for the time being of this my will shall and do stand pofsefsed of and interested in the clear (?) monies to be produced from the sale disposition conversion and getting in of my said real and personal estate and the stocks funds or securities in or upon which the same shall be invested and such stocks funds or securities as shall be part of my personal estate at the time of my decease and which shall not be sold converted or got in as aforesaid upon trust to pay the interest dividend and annual income thereof unto my said wife Elizabeth Glanville or to authorize her to receive the same during her life for her own use and benefit and from and after he decease I direct that my said trustees or trustee shall and so stand pofsefsed of and interested in the said trust monies stock funds or securities upon and for the trusts interest and purposes hereinafter exprefsed and declare of and concerning the same that is to say as to equal sixth part or share thereof the whole into six equal parts or shares being considered as divided upon trust to pay *** to or transfer the same sixth part of share into the names or name of the said Sir ffrancis Bernard Morland Thomas Thyringham Bernard and Charles ffanshawe Glanville or the survivors or survivor of them or the trustees or trustee for the time being of the aid indenture of settlement of the twenty fourth day of July one thousand eight hundred and thirty give in performance and full satisfaction and discharge of the covenant therein on my part contained and to the interest that the same sixth part or share and the annual income thereof may be held in them or them upon the trusts and for the interests and purposes and with a under (?) and subject to the powers provisions and agreements in and by the said indenture declared and contained of and concerning the one eigth part or share so as aforesaid covenanted by me to be given devised or afsarct (?) to the trustees of the said indenture of settlement of the twnety fourth day of July one thousand eight hundred and thirty five and the annual income thereof and also for and concerning all the residue and remainder of such monies stocks funds securities upon trust for my two sons John Glanville and William ffanshawe Glanville and my dear daughters Elizabeth mary Glanville Cordelia ffanshawe Glanville and Catherine ffanshawe Glanville equally share and share alike as tenants in common for their own several and respective use and benefit absolutely provided always and I do hereby declare that my will and mind to be that if my real and personal estate shall at the time of my decease be of greater amount or value that the sum of forty thousand pounds sterling after payment of my debts and funeral and testamentary expenses and the said legacies of one hundred pounds then and in such case so *chordy of my said real and personal estate or of the produce thereof as at the time of my decease shall be of the amount or value of forty thousand pounds sterling or of the stocks funds or securities or upon which the same sum of forty thousand pounds shall be invested as aforesaid shall be held upon the trusts hereinbefore declared to take effect subsequently to the aforesaid trust for the benefit of my said wife Elizabeth Glanvilleand that the surplus of the value of my said real and personal estate over and above the said sum of forty thousand pounds or of the stocks funds or securities in or upon which such surplus shall be invested shall from and after the decease of my said wife be held upon trust for and for the benefit of my said son ffrancis Glanville his executors administrators or afsigns and to who I give and bequeath the same accordingly provided also and I do hereby direct that until my said freehold and leasehold estates shall under the trusts aforesaid be sold and disposed of the same estates shall for the purposes of this my will be considered as money or personal estate and that the rents and profits as shall remain after the payment of taxes and all usual outgoings and the rents reserved by and the expense of producing the covenants and agreements contained in the lease or leases of the said leasehold premises shall from the time of my decease by applied in such manner as the annual income of the produce thereof or of the stocks funds or securities in or upon which the same is to be laid out and invested as aforesaid would be applicable under the trusts of this my will in case such sale had been made provided also and I do hereby declare that it shall and may be lawful for the trustees or trustee for the time being acting under this my will with the consent in writing of my said wife Elizabeth Glanville if living but if not then of the proper authority of such trustees or trustee from time to time to *** or lease all or any part of parts of my hereditaments and the premises hereinbefore devised and bequeathed to any person or persons for any term or number of years not exceeding twenty one years in pofsefsion at the best yearly rent or rents that can be reasonably obtained for the same and without any fine or premium so that in every such lease there be contained a condition of *** on nonpayment of the rent or rents to be thereby reserved for the aspect of twenty one days next after the same shall become due and so that the lefsee or respective lefsees to *** any such lease shall be made *** and deliver the same or a duplicate or coenterpart thereof and be not by any *** or *** therein contained autherized to commit or exempted from pu* from remittances *** and I hereby declare that if shall and may be lawful for the trustees or trustee for the time being of this my will if they or he shall in their or his discretion on think proper or expedient so to but not otherwise and without being answerable for the exercise of such discretion from time to time or at any time before my leasehold premises hereinbefore bequeathed and directed to be sold as aforesaid shall be so sold when and as the same shall become renewable or otherwise to apply for and poduce a new lease or new leases of the said leasehold premises or such part or parts thereof as are or shall be of a renewable tenure or which the said trustees or trustee for the time being shall so think proper or expedient to severe and also to make so and execute all such surrenders acts deeds matters and things as shall be hereofsam or expedient for producing such renewed lease or leases and with a and out of the produce of my said real and personal estate to pay the fines fees and other charges for or attending the profciti* such new lease or leases provided always and I do hereby declare that the receipt or receipts of the acting trustees or trustee for the time being of this my will shall be a good and effectual release and discharge for the monies to arise by the said and conversion of my real and personal estate and affects and for the rents and profits thereof in the mean time and for all other the monies which shall come to their or his hands by virtue of or under this my will of the trusts powers or authorities aforesaid or for so much of such monies rents and profits respectively as in such receipt or receipts shall be acknowledged to be received and that no purchasee or other person or persons po*ing any such mones and taking such receipt or receipts for the same as aforesaid shall afterwards be obliged to see to the application of bein anywise answerable or accountable for the lofs application or nonapplication thereof or of any part thereof provided and I do hereby further direct that in case the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville or any or either of them or any succeeding trustee or trustees to be appointed as hereinafter mentioned shall happen to die either in my lifetime or after my decease or be desirous to be discharged from or refuse or *** or become incapable to act in the trusts hereinbefore declared or shall go to reside beyond seas before the same trusts shall be fully performed or satisfied then and so often as the same shall happen it shall be lawful for the surviving or continuing or other trustees or trustee of the said trust premises for the time being with the consent of my said wife during her natural life and after her decease then at their or his discretion and without requiring the consent of any other person or persons by any deed or writing under their or his hands and seals or hand and seal as the case may be to nominate and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying or desiring to be discharged or refusing rejecting or becoming incapable or unfit to act or going to reside beyond seas as aforesaid and that when and so often as any new trustee or trustees shall be appointed as aforesaid all the trust premises respectively shall thereupon with all convenient speed be converted transferred and afsured in such manner as that the same may be legally and effectually vested in the newly appointed trustee or trustees jointly with the survivors or continuing trustees or trustee of the rent premises or in case that shall be no surviving or continuing trustee there in such newly appointed trustees only upon and for the several trusts intents and purposes hereinbefore exprefsed and declared of and concerning the same or of such of them as shall be then existing and capable of taking effect and that such new trustee or trustees shall and may in all respects act and afsist in carrying out and execution of the trusts to which he or they shall be so appointed as fully and effectually and with all such powers and authorities whatsoever as if such new trustee or trustees had been hereby appointed and as the trustee or trustees in or to whose place he or shall come or succeed might do or could have done under or by virtue of this my will provided also and I hereby further direct that the trustees or trustee for the time being of this my will shall be chargeable only for so much money as they or he shall respectively actually receive by virtue of or under this my will or the trusts or powers aforesaid notwithstanding that joining in receipts for confornty (?) and that any one or more of them shall not be answerable or accountable for the acts of others of them but such for his own acts receipts neglects and defaults only in and that they or he or any or either of them shall not be answerable or accountable for any banker broker auctioneer or other person with whom or in whose hands any part of the trust monies shall be deposited or lodged for the purose of investment or for safe custody nor for the insufficiancy or deficiancy of any security or securities in or upon which the trust monies or any part thereof shall be placed out or invested nor for any misfortune lofs or damage which may happen to the said trust premises unlefs the same shall happen by or through their or his own wilful default or hert respectively and also that the said trustees or trustee for the time being shall and may be and out of the monies which shall come their respective hands by virtue of this my will or of the truts or powers aforesaid retain to and reimburse himself and themself respectively and also allow to his and their cotrustee and cotrustees all lofs costs damages and expenses which they shall respectively sustain expend or be put unto or which shall be to them or any of them occasioned or which he or they in the way of his or their profefsion might if not a trustee or trustees lawfully and reasonably charge in or about the execution of or by reason or in consequence of the trusts heeby in them reposed or in any wise *ing thereto and I appoint the said ffrancis Glanville John Glanville and Edward ffanshawe Glanville and my said wife Elizabeth Glanville Executores and Executrix of this my will and hereby revoke all other wills by me at any time heretofore made I declare this writing contained in eleven sheets of paper to be and contain my last will and testament In witnefs whereof I have to this my will contained in eleven sheets of paper that is to say to each sheet of paper thereof put my hand this thirteenth day of January in the year of our Loard one thousand eight hundred and forty five - Fras Glanville - Signed by the said testator in the presence of us present at the same time who in his presnece and at this request and in the presence of of each other have herunto subscribed our names as witnefses the alteration in page 5 by striking out two lines and a part of two other lines having been first made - John Collier Carey Street - John Dixon his clerk

This is a Codicil to the last will and testament of me Francis Glanville the elder late of Queen Anne Street in the parish of Saint Marylebone in the County of Middlesex but now of Great Marlow in the County of Buckingham Esquire whereas in and by my last will and testament dated the thirteenth day of January one thousand eight hundred and forty give I have made no provision whatsoever for my son Charles ffanshawe Glanville and whereas I am desirous of making some provision for him Item I do hereby given and bequeath unto my said son Charles ffanshawe Glanville during his life the annaul sum or yearly rent charge of sixty pounds without any deduction for property tax or any other present of future taxes whatsoever and to be padi to the said Charles ffanshawe Glanvill by equal monthly payments the first monthly payment of the said annual sum or yearly rent charge of sixty pounds to be made on such of the same days as shall first happen after the decease of my wife Elizabeth Glanville and I do hereby charge the same annual sum or yearly rent charge of sixty pounds upon all that my freehold mefsuage or tenement farm lands and hereditaments called Clinnife (?) in the parish of Saint Germans in the County of Cornwall now in the occupation of William Broad and my will is that in csae the said annual sum of yearly rent charge or any part thereof shall be behind and unpaid for teh spare of ten days next over of after any of the aforesaid days of payment then and so often as the same should happen it shall be lawful to and or the said Charles ffanshawe Glanville to enter upon all and every or any part of the said hereditaments charged with the said annual sum or yearly rent charge as aforesaid and to distrain for the same or for so much thereof as shall be so in arrear and all costs and charges occsaioned by the nonpayment thereof amd such distrefses to sell in like manner as for rent reserved by lease or common demise provided always and I so hereby declare my will to be that in case the said Charles ffanshawe Glanville shall at any time or times become bankrupt or take the benefit of any act of parliament for the relief of discharge of insolvent debtors then and in either of the said cases the said annual sum or yearly rent charge shall cease and be at an end it being my intention that the said annual sum or yearly rent charge shall be for the private use and benefit of the said Charles ffanshawe Glanville and not be in any account transferrable to or for the use of any other person or persons and it is my will that the said annual sum or yearly rent charge shall be paid to the said Charles ffanshawe Glanville notwithstanding he may be indebted to me or my estate in any manner at the time of my decease and that such debt shall not be set against or accounted from the said annual sum or yearly rent charge Provided also and I do hereby exprefsly declare that in case teh said Charles ffanshawe Glanvill shall alien sell afsign incumber or transfer or in any manner dispose of or auctiripate (?) the said annual sum or yearly rent charge or any part thereof then and in such case and from and immediately after such alienation sale afsignment or transfer the same annual sum or yearly rent charge shall cease determine and be void and shall sink into and become part of the residue of my personal estate and lastly I do hereby declare this present writing to be a codicil to my said will and I direct the same to be annexed thereto and to form part thereof In witnefs whereof I have hereunto set my hand this thirtieth day of November one thousand eight hundred and forty six - Francis Glanville his X mark - Signed by the said ffrancis Glanville the Elder as and for a Codicil to his last will in the joint presence of us who in his presence and in the presence of each other have hereunto set our hands as witnefses - George Hickman surgeon ye Greate Marlow Buckingham Joseph Sheldon Wilkinson surgeon Great Marlow Bucks

Proved at London with a Codicil 15th Aug 1846 before the worshipful James Parker Deane Doctor of Laws and Surrogate by the oaths of ffrancis Glanville Esquire and The Reverend Edward ffanshawe Glanville Clerk the sons two of the Executors to whom admon was granted having been first sworn duly to administer power reserved of making the like grant to The Reverend John Glanville clerk the son also and Elizabeth Glanville widow the relict the other Executors when they sahll apply for the same