Of the Green Family from Harpole, Northamptonshire their Ancestors and Relatives

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Wednesday, 21 November 2018 10:23 AM GMT

William Cundell of Aldgate - his Will - 1766

 William was my 6x Great Grandfather. His relationship to my Mother can be seen here.

 In the Name of God Amen

I William Cundell of the Parish of Saint Botolph without, on,
Aldgate in the County of Middlesex Gentleman being of sound and
Disposing Mind Memory and Understanding Do make Publish and
Declare my last Will and Testament in manner and form following
(that is to say) In the first Place I Will and Direct that all my
Just Debts and Funeral Expenses together with the Charges of
Proving this my Will Shall be fully paid and Satisfied Then
I Give and bequeath all my household Goods and Furniture plate
and Linen of what nature or kind soever which I shall be
possessed of at the time of my Decease unto my loving Wife
Sarah Cundell to and for her own absolute use and benefit for
ever Item I Give Devise and bequeath unto Edward Withers
Senior of Newbury in the County of Berks Apothecary and Edward
Withers Junior of the same place Surgeon All that my full 
and Undivided Moiety or half part of and in All that Messuage
or Tenement Brewhouse and Premises with the appurts
Situate and being in Shoe Lane in the parish of Saint Andrew
Holborn London now in the Tenure or Occupation of Messrs
Warrington and Miller Brewers And also all the Rest
Residue and Remainder of my Goods Chattels Moneys Debts
Estate and Effects whatsoever and wheresoever both real and
Personal of what kind nature or quality soever To hold
the same and every part thereof unto the said Edward Withers
Senior and Edward Withers Junior their heirs Executors Admons
and Assigns Upon Trust nevertheless that they or the Survivor
of them the heirs Executors or Admons of the Survivor of them
Do and Shall with all Convenient Speed after my Decease Sell and
Dispose of my said Moiety of the said Messuage Brewhouse and
Premises in Shoe Lane aforesaid And all other my Estate
and Effects whatsoever herein before Devised to them my said
Trustees (Except such parts thereof as shall be Invested in
any of the Public Funds at the time of my Decease) and pay
and Transfer one Equal Moiety of the Moneys arising by Sale
thereof and of all other the Residuary Part of my Estate
unto my said loving Wife Sarah to and for her own absolute
Use and Benefit for ever And as to the other moiety or
half part thereof Upon Trust that they the said Edward
Withers Senior and Edward Withers Junior or the Survivor
 
of them his Executors or Admons do and shall with the like
Convenient Speed place out the same at Interest in their
names on Government or other Good and and Sufficient Security
or Securities (Personal Security Excepted) and Pay and Apply the
Dividends Interest and Proceed thereof as the same Shall
arise and be received for and towards the Maintenance Education
and bringing up of my Son Joseph Cundell until he shall attain
to the Age of Twenty one years and from and Immediately
after his attaining the said Age Then upon Trust to transfer
and pay the said principal Moneys or the Funds or Securities
wherein the same shall be Invested and all Dividends and
Interest then in arrear for the same unto my said Son Joseph
to and for his own use and Benefit absolutely for ever But in case
my said son shall happen to Die before he Shall attain the said
Age of Twenty one years Then upon Trust for the use and
Benefit of my said Wife Sarah her Executors admons and assigns
and to be paid assigned and Transferred to her or them accordingly
Provided always that if my said Trustees shall think it more
beneficial for my said Wife and Son not to Dispose of my said
moiety of the said messuage Brewhouse and Premises
unto my said Wife Sarah and Son Joseph their heirs and
Assigns for ever to take as Tenants in Common and not as
Joint Tenants And my Will and mind is that the Rents and
profits of my said Son's part or Share shall be paid and
applied by my said Trustees for and towards his maintenance
and Education until he shall attain the Age of Twenty one
years And Lastly I do hereby Nominate Constitute and
Appoint my said Wife Sarah and the said Edward Withers Senior
and Edward Withers Junior Joint Executors of this my last
Will and Testament and hereby revoking and making void
all former and other Wills and Testaments by me at any time
heretofore made I do Declare and Ordain these presents
to be and contain my last Will and Testament In Witness whereof
I the said William Cundell the Testator have to this my last
Will and Testament contained in two Sheets of Paper to the
first sheet thereof set my hand and to the last sheet thereof
my hand and Seal this Twenty fifth Day of June in the years
of our Lord One thousand Seven hundred and Sixty three Wm
Cundell Signed Sealed Published and Declared by the said Testator
William Cundell as and for his last Will and Testament in the
Presence of us who in his presence and each others presence and at
his Request have Subscribed our Names as Witnesses to the
same; Jno Fisher Jno Sheils []
London Clerks to Mr Fisher
 
Whereas I William Cundell late of the Parish of
Saint Botolph Aldgate in the County of Middlesex but now of
the Parish of Saint Mary White Chappell in the same County
Gentleman did make and Publish my last Will and Testament in
 
Writing bearing Date the Twenty fifth Day of June One thousand
Seven hundred and Sixty three Now I do hereby ratify and confirm
all and every the Legacys and Bequests mentioned in my said will
And do by this Codicil which I Desire may be taken as part of
my said Will Give and bequeath unto Edward Withers Senior
of Newberry in the County of Berks Apothecary and Edward
Withers Junior of the same place Surgeon the Trustees named
in my said Will to each of them three Guineas for a ring
And I Give to my Brother John Cundell and his wife Ann?
Cundell and to my Brother James Cundell and Agnes his wife
and to my Sister Jane Marshall to each of them two Guineas
and a half for a ring In Witness whereof I have to this Codicil
set my hand and seal this Second day of July in the year of
our Lord One thousand Seven hundred and Sixty Six W Cundell
Signed and sealed by the said William Cundell in the presence
of W Nourse? Jr Richardson John Girton
 
This Will was proved at London with a Codicil
the Eighteenth day of July in the year of our Lord One thousand
Seven hundred and Sixty Six before the Worshipful George
Harris Doctor of Laws Surrogate of the Righr Worshipful
George Hay also Doctor of Laws Master Keeper or Commissary
of the Prerogative Court of Canterbury lawfully Constituted
by the Oath of Sarah Cundell Widow the Relict of the deced
and one of the Executors named in the Will to whom Administration
was Granted having been first Sworn duly to Administer, Power
reserved of me Grant to Edward Withers the Elder
and Edward Withers the younger the other Executors named in
the said Will when they or either of them shall apply for
the same
 
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