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

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Wednesday, 17 October 2018 09:13 AM BST

John Cundell of St Martin in the Fields - his Will -1779

I'm still trying to workout if this is a brother of my ancestor.

 This is the last Will

of me John Cundell otherwise Condell of the Parish of Saint
Martin in the Fields in the County of Middlesex Jeweller as
follows First I will that all my just debts and Funeral Expenses be
paid and further my will is that my Body is decently interred
at the discretion of my Executrix hereafter named and as for all
such Monies Securities for Monies Parliamentary Government
or other Securities debts plate Rings? Goods and Chattels and
all other my Estate and Effects whatsoever wheresoever and
of what nature or kind soever I give and dispose of the same
in manner following that is to say First I give and bequeath
unto John Cundell my Son by my former Wife Jane whose
Maiden name was Wilcox the Sum of three hundred pounds
without Interest to be paid him within two years after my decease
or sooner if my Executrix hereafter named shall so please but
I do hereby declare and my Will is that if my said Son shall
molest or disturb my Executor or Executrix hereafter named in
the Execution of this my Will or of any of the Trusts hereby in
them or either of them reposed that then and in that case the
said three hundred pounds shall go and be divided with the
Residue of my Estate also I give to Henry Cundell of Covent
Garden Theatre Musician the Sum of three hundred pounds
Upon Trust to place out the same upon Government or real
Security at Interest in his name and to pay the yearly interest
thereof to my daughter Jane for and during her natural life
or until an annuity can be purchased therewith for her life
whose Receipt alone shall be a sufficient discharge for the said
yearly Interest or annuity and upon this further Trust that in case
 
no annuity shall be purchased then In Trust to pay the said
three hundred pounds after the decease of her husband to such
person or persons as she shall by Writing under her hand
Executed in the presence of two or more Credible Witnesses direct
or appoint and for want of such direction then In Trust for the
Executors or administrators of my said daughter Jane and I do hereby
declare and my Will is that my said daughter Jane shall Protest
or disturb my Executor or Executors in the Execution of this my Will
or of any of the Trusts hereby in them reposed then and in that
case the said last mentioned Sum of three hundred pounds shall
be divided with the Residue of my personal estate I give to my
Brother James Cundell of Leith ten Guineas and the like Sum
of ten Guineas to my Sister Jane Marshall I give to my worthy 
Servant Martha Brandon Eighty Guineas all the rest and
Residue of my Estate of what nature or kind soever I give the
yearly Income thereof unto Ann Wilson Niece of Richard Chadd
late of New Bond Street Jeweller who has lived and cohabited
with me as my Wife from about the year one thousand Seven
hundred and Fifty two or thereabouts and is now called Ann
Condell and now resides with me for and during the term of her
natural life and from and after her decease I give unto the
said Henry Cundell and who lives with me and whom I have brought
up as my Son and who is generally called by my Name
Cundell his Executors administrators and assigns my Leasehold
Estate at Battersea and all my Right and Interest therein and
which Estate I hold by virtue of a Lease from the Right
Honourable Lord Spencer To hold the same unto the said Henry Cundell
his Executors administrators and assigns for the term of Years
which shall be therein then to come and as to the residue of
my said Estate after the decease of said Ann Wilson otherwise
Cundell I give and dispose thereof as follows that is to say one
Moiety or half part thereof I give the same unto the said Henry
Cundell his Executors administrators and assigns and as to the
other Moiety or half part thereof I give and bequeath the same
unto the said Henry Cundell In Trust to place out the same
upon Government or real Security at Interest and then In Trust
to pay the yearly Income and produce thereof unto Ann Long
wife of John Long of Covent Garden Theatre aforesaid Musician
for and during the term of her natural life for her sole and
separate use whose Receipt alone shall be a discharge for the
same and the same shall not be Subject to the debts Control
or Engagements of her present Husband but if the said Ann Long
shall at any time hereafter during her present Coverture go
to any part out of the Island of Great Britain or if she shall
depart this life in the life time of her present Husband in either
of those Cases it is my Will that the said yearly Income of the
said last mentioned Moiety of the residue of my Estate shall be
applied by the said Henry Cundell in the support maintenance
and Education of the Children of the said Ann Long until they
shall respectively attain their ages of twenty one years but if
any of the Children of the said Ann Long shall be taken to any
 
part out of the Island of Great Britain in that case it is my
Will that the said last mentioned yearly produce of the said
last mentioned Moiety and also the last mentioned Moiety of
the residue of my estate shall go to the said Henry Cundell his
Executors administrators and assigns for his and their own
proper use and behoof for ever provided and I do hereby declare
that if the said Ann Long shall not depart from or leave the
Island of Great Britain and shall happen to Survive her present
Husband in that case it is my Will that the said Ann Long
shall have possess and enjoy unto and for her own proper use
and behoof one half part of the said Moiety of the residue of
my Estate given to her and her Children as aforesaid but if the
said Ann Long shall happen to die in the life time of her
present Husband in that case I give the said last mentioned
half part of the said moiety to the said Henry Cundell In
Trust for the children of the said Ann Long begotten or to
be begotten in like manner as hereafter is intentioned as to the
other half part of the said last mentioned Moiety of the
Residue of my Personal Estate in case the Children of the said
Ann Long shall not depart or be taken from the Island of
Great Britain and as to the other half part of the said last
mentioned Moiety of the said Residue of my Estate I give the
same unto the said Henry Cundell In Trust to be divided 
equally between the Children of the said Ann long begotten
or to be begotten at their respective ages of twenty one years
and I do hereby make and ordain the said Ann Wilson
otherwise called Ann Cundell and her Son the said Henry
Cundell Executor and Executrix of this my Will set my
hand and to the last Sheet thereof my hand and Seal this
twenty third day of November in the Year of our Lord one
 Seven hundred and Seventy nine John Cundell
 Signed Sealed published and declared by the said Testator
 as and for his last Will and Testament in the presence of us 
 W Lidlle John Cooert?
 
 This Will was proved at London the twenty fourth
 day of December in the year of our Lord one thousand Seven
 hundred and Seventy nine before the Worshipful Francis
 Simpson Doctor of Laws Surrogate of the Right Worshipful
 Peter Calvert Doctor of Laws Master Keeper or Commissary of
 the Prerogative Court of Canterbury lawfully constituted by
 the Oath of Henry Cundell one of the Executors named in
 the said Will to whom administration was granted of all
 and Singular the Goods Chattels and Credits of the deceased
 having been first Sworn duly to administer power reserved
 of making the like grant to Ann Wilson otherwise Cundell
 Spinster the other Executor named in the said Will when
 she shall apply for the same
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