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Abstract of the Will of Joseph Fox - Plymouth 1830

 

Joseph Fox of Plymouth in the County of Devon Doctor of Medecine

I recommend my Soul to Almighty God – I direct my body to be directly interred in the Quaker Burial Ground here if provident

 

I give to each of my four servants now in my service provided they still be living with me at the time of my decease or servants in my service at that time the sum of three pounds

 

To my dear wife absolutely

- I give all my household goods and furniture

- books except such as treat on Medical or Surgical subjects

- Plate and china

- wearing apparel

- trinkets

- china carriages and horses

- all various wines and liquors

- Thornton’s and Woodville’s Botanical works I give with my other books

- my mineral and geological Specimens which my wife may have in her keeping at my decease

- my perfect case of Carpenter’s tools

- I direct the sum of five hundred pounds to my wife for her own and proper use

- Mr Samuel Brodies late of Falmouth Merchant, now I do hereby direct my Executors in Trust to pay my    wife the sum of five hundred pounds as soon as punctually may be after my decease

- Upon trust to my wife Elizabeth Fox the estate dividends interest and interest thereof during her life

 

Joint trust funds Joseph and Charles James two thousand pounds Sophia James two thousand pounds in the Books of the Governor and Bank of England kept for the now four for certain annuities and which I have already settled upon and direct to then respectively by deed If they do not produce one hundred pounds per annum during the life of my wife out of her annual receipts to make up the full sum of one hundred pounds per year

 

To my son Charles James Fox doctor of Medecine now residing and practicing in Billiter Street in the City of London

- my Library Chair and Steps

- my Gold Watch with the chain and seal thereto attached

- all my Philosophical and chemical apparatus

- my Air Pump and articles belonging to or --------- with the same

- my Electrical Apparatus

- all my books prints or plates which treat on or are illustrative of surgical subjects

- my turning lathe

- my Carpenter’s Bench and the tools thereto belonging

- all my mineral and geological Specimens

- one fourth share of the residue of the trust to Elizabeth of Joseph’s personal estate and leaseholds after her death

- income from 500 pound annuity (no less than one hundred pounds annually)

 

To Sophia James Fox now residing with me

- one fourth share of the residue of the trust to Elizabeth of Joseph’s personal estate and leaseholds after her death

- four hundred pounds absolutely

The trust monies interest dividends income shall be hers absolutely not for any present or future husband upon her death to be placed in trust for issue living to twenty one or married If no living issue her share passes to her brother/sisters trusts or their living issue

- income from 500 pound annuity (no less than one hundred pounds annually)

 

To Mary James Mitchell the wife of Robert Deeble Mitchell a Surgeon at Windsor

- income from 500 pound annuity (no less than one hundred pounds annually)

- one fourth share of the residue of the trust to Elizabeth of Joseph’s personal estate and leaseholds after her death

- the trust monies dividends income shall be hers absolutely not for any present or future husband

Upon her death to be placed in trust for issue living to twenty one or married If no living issue her share passes to her brother/sister’s trusts or their living issue

 

To Emily Sleeman

- income from 500 pound annuity (no less than one hundred pounds annually)

- one fourth share of the residue of the trust to Elizabeth of Joseph’s personal estate and leasdholds after her death

 

Marriage Settlement – Emily Fox to Philip Sleeman

Held in trust by Robert Were Fox  Alfred Fox

By Institute of Assignment of thirteenth May one thousand eight hundred and twenty two I have assigned a certain estate called Great Wood in the Parish of Mylor in the County of Cornwall to Robert Were Fox and Alfred Fox Esquires upon trust after decease of myself and my dear wife for the absolute benefit of my daughter Emily Sleeman subject nevertheless to payment throughout of the sum of one thousand two hundred pounds to my daughters Mary James Mitchell and Sophia James Fox by two equal payments of six hundred pounds to each or the full sum of one thousand two hundred pounds to the survivor

 

My trustees after the death of my wife have the estate valued. In case the sum of one thousand two hundred pounds shall be more than two thirds the estimated value of the estate my trustees shall deduct such sum from the fourth part or shares of my daughters Mary James Mitchell and Sophia James Fox

 

In case of the demise of Emily Sleeman before the demise of Joseph Fox her trust shall be divided equally among her issue living to age twenty one years or married

If there are no living issue living to twenty one or married her share will pass to the trust of Charles James Fox  Mary James Mitchell and Sophia James Fox or their living issue

 

My daughter Emily’s interest in the estate called Great Wood the sum of one thousand two hundred pounds as two thirds of the true value of the estate at Assignement shall have the income from the lease and hold absolute as trust free from any present or future husband

 

Receipts of dividends interest and monies in trust upon her demise shall be placed in trust for her issue as Tenants in Common to the age of twenty one or married

 

To my Executors in Trust named

John Mills Carkeet of Falmouth in the County of Cornwall  Merchant

Walter Prideaux of Plymouth in the County of Devon  Banker

John Eliott of Liskeard in the county of Cornwall  Trader

 

- my household mortgages lands and structures

- mortgages and subject to assumption with the rights structures and appurtenances

- all my monies in the English or Foreign stocks or funds

- all books and sums of money out and owing to me either by simple interest or upon any mortgages bonds - - - bills notes or other securities

- the borrow of my personal and testamentary estate and effects whatsoever and wheresoever

 

Within one year after the decease of my wife value and convert into money all my personal estate and sell and absolutely dispose of all my leaseholds mortgages land and tenements either in one lot or several lots by public auction or private contract for the best price to be reasonably obtained

 

- Joint Trust Joseph Fox with

            Charles James Fox dividend interest or proceeds of the sum of two thousand pounds

            Sophia James Fox now living with me dividend interest or proceeds of the sum of two thousand pounds

In the books of the governors of the Bank of England for now four certain annuities which I have already settled and directed to them respectively

If they do not produce one hundred pounds per annum during the life of my wife out of her annual receipts to make up the full sum of one hundred pounds a year each.

 

- Trusts four equal parts of the estate to Charles James Fox  Emily Sleeman  Mary James Mitchell              Sophia James Fox

- five hundred pounds per annum from the interest or made up by Elizabeth Fox’s receipts

- one fourth of the residue of my wife’s trust monies after her demise

- invest all trusts in shares or funds of Great Britain or the Government or real security in England

- if my son or any of my daughters should depart this life before me and without living issue his/her share will be divided equally among his/her remaining brother/sisters and their issue

- if my son or any of my daughters should depart this life his/her trust share will be left in trust to any of his/her issue until the age of twenty one or if girls twenty one or married Trusts to be held as Trusts in Common

- if any issue should decease before the age of twenty one or married his/her share will be divided equally among his/her brothers or sisters

- for any issue of my children I declare that his/her portion of the trust interest or half of the child’s expected portion may be directed to the child’s maintenance or education until age twenty-one or married or during his/her minority to place him/her in profession or for promotion or advancement in the world or marriage

- one thousand pounds lent to Philip Sleeman secured by Bond of Misters Philip Sleeman and James Sleeman nine February one thousand eight hundred thirty bond and interest to be reinvested for division in four equal parts

- I having advanced and lent that sum of benefit to Emily Sleeman and Philip Sleeman and therefore think it should be at her risk in case any loss should arise

- To each trustee John Mills Carkeet  Walter Prideaux  John Eliott  Executors the sum of ten guineas absolutely for the trouble they will have in execution of the trusts of my will

-If any trustee or trustees appointed shall depart this life go to reside beyond seas or refuse or become incapeable to act as continueing executors may transfer powers to new trustees

 

Witnessed John Bayly solicitor of Plymouth and Elizabeth Dunny

April third in the year of our Lord One thousand eight hundred and thirty

 

Proved – at London December 12 1832 by John Mills Carkeet and John Eliott the surviving executors

 

 

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