William Lynn Smart Will

Transcription of the will of William Lynn Smart

I bought copies of the wills of William Lynn and Charlotte Smart from the probate service (£5 each including postage!) and have transcribed them into plain text from the hard-to-read script. This has added punctuation, capitalisation, sentence breaks and paragraph breaks.

Emrys Williams, 10 Jun 2011

 

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The last will of me, William Lynn Smart, of Linden in the parish of Eversholt in Bedfordshire, and of Trewhitt in the parish of Rothbury, Northumberland, Esquire.

 

In exercise of the power vested in me by the will of my father I hereby charge the estates at Trewhitt aforesaid and all ?? ?? in the parish of ?? in Northumberland (of which estates I am tenant for life under the said will) with the payment of one hundred pounds per annum to my beloved wife Charlotte Catherine Smart during her life.

 

I devise my freehold rentcharge granted by Mr. Samuel Sanders on his premises at Eversholt aforesaid unto my said wife, her heirs and assigns.

 

I devise all other real estate (if any) over which I have a disposing power to my said wife during her life, and I devise the same upon her decease to my nephews, Robert Williamson Smart and Newton Reginald Smart, their heirs and assigns, upon trust to sell the same, at such time or times and in such manner as they, or the survivor of them, or the heirs or assigns of such survivor, shall in their or his discretion think fit, and to execute all necessary deeds for the conveyance to purchasers, and to give receipts for the purchase moneys which shall be good discharges to the persons paying the same, and who shall not be responsible in any way for the application thereof. And upon further trust to apply the net proceeds of any such sale and any rents which may accrue due on the said estates after the decease of my said wife until the sale in manner hereinafter directed.

 

I give to my said wife, for her own use and benefit, absolutely all my personal property of every description (except securities for money) which may be in or about or is usually kept at our residence at Linden, and on the land and premises occupied therewith, or at any other place where I may be at the time of my decease, except as next hereinafter mentioned.

 

I give all my personal property which has been usually kept at the Mansion and on the lands and premises at Trewhitt, and which my be there at the time of my decease (except securities for money if any) to the first tenant for life in succession to me of the said estate at Trewhitt, on condition that he pay to my executors the sum of one hundred pounds within twelve months after my death, to be added to my residuary personal estate.

 

I give to my said wife the sum of three hundred pounds sterling which I direct my executors to pay to her within one month after my death.

 

I give to Ann Carter, our housekeeper, and ?? ??, my said wife’s maid, the sum of fifty pounds each, free of legacy duty and to be paid within three months after my death.

 

I give all the residue of my personal estate of every description, after payment of my debts and testamentary expenses and the fore mentioned legacies and legacy duties, to my said nephews, Robert Williamson Smart and Newton Reginald Smart, upon trust. As to such part of my residuary personal estate as may be then invested, to keep the same, if they think proper, in its then state of investment; and as for such part thereof as may not be thus invested, to invest the same in the government funds or? on? real? security in England, with power to change all or any of such investments with the consent of my said wife, to be signified by some writing under her hand. And upon further trust, to pay the annual proceeds of all such investments, as they come due, to my said wife, or her assigns, for her own use during her life.

 

And upon further trust, as soon as conveniently may be after the death of my said wife, to convert the whole of the said investments into money. And as to such money and also as to the proceeds of the sale of any residuary real estate, if any, and any rents to be received therefrom after the decease of my said wife until such sale (but subject to all further expenses incidental to the execution of the ?? of my will) upon trust to divide the same into thirty two? equal parts, and to pay the said parts as hereinafter bequeathed.

 

That is to say, I give to them my said trustees Robert Williamson Smart and Newton Reginald Smart three such parts each.

 

To my godson Thomas ?? and to his sister Eleanor Mary children of my brother John Smart and to my goddaughter Elizabeth daughter of my brother the Revd Newton Smart two of such parts each.

 

To my nephews William Lynn and John Henry, sons of my said brother John Smart, to my nephew William and my niece Ella, children of my brother Admiral Sir Robert Smart, to my nieces and nephews Louisa de Berniere ??, Edith and Agnes, Henry de Berniere and Robert Lynn children of my said brother Newton Smart one such part each.

 

To my sister Mary Smart, three of such parts.

 

To my sister Mrs Grainger and to her son Cecil, one of such parts each.

 

To Ismay? Elaina?, a daughter of my late niece Mrs ?? by her second marriage, one of such parts.

 

To the daughters of my niece Mrs ??, two of such parts to be equally divided between them, and to the daughters of my niece Mrs Alexander, the remaining three of the said parts to be equally divided between them.

 

I appoint the said Robert Williamson Smart and Newton Reginald Smart the executors of my will and I devise and bequeath to them, their heirs, executors and assigns, all estates vested in me upon any trust, or by way of mortgage, subject to and upon the trusts and equities affecting the same.

In witness whereof I have hereunto set my hand this thirtieth day of October in the year of our lord one thousand eight hundred and sixty seven.

 

Wm Lynn Smart

 

Signed by the said William Lynn Smart as and for his last will in the presence of us present at the same time who in his presence and in the resence of each other hereunto subscribe our names as witnesses

 

Catherine Helen Hall

Spinster, the Cedars, Putney

 

John Green

Woburn, Bedfordshire

 

Proved at London 11th January 1876 By the oaths of Robert Williamson Hunt Smart (in the will called Robert Williamson Smart) Newton Reginald Smart esquire, the nephews the executors to whom admon was granted

 

Notice of proof of will

 

On the 11th day of January 1876, the will of William Lynn Smart, late of Linden in the parish of Eversholt in the county of Bedfordshire and of Trewhitt in the parish of Rothbury in the county of Northumberland, Esquire, deceased, who died on the 24th day of November 1875 at Clifton near Bristol, was proved in the Principal Registry of the Probate Division of the High Court of Justice, by the oaths of Robert Williamson Hunt Smart (in the will called Robert Williamson Smart) of No 38 Lincoln’s Inn Fields in the county of Middlesex, gentleman, and Newton Reginald Smart of Lincoln’s Inn in the same county, Esquire, the nephews, the executors named in the said will, they having been first duly sworn to administer.

 

Effects under £30,000

No leaseholds