The will of the second Bennett Pell.

This is the last Will and testament of me Bennett Pell of number 12 ffinsbury Place in the Parish of Saint Lukes in the County of Middlesex Rectifying Distiller and Wine Maker I direct that all my just debts and funeral and testamentary expenses shall be paid and discharged as soon as may be after my decease I give and bequeath unto my dear wife Eliza Pell all her wearing apparel watches jewels trinkets and other ornaments of her person and also all such part of my plate as belonged to her before our marriage for her own use absolutely I also give and bequeath to my said wife the sum of five hundred pounds too be paid as soon as may be after my decease I give and bequeath all my carriages horses and all the wines liquors fuel and other consumable household stores and provisions linen china and glass (except ornamental china and ?? and other cooking glasses) which shall be in or about my dwellinghouse at the time of my deceased to my said wife absolutely I give and bequeath unto my dear brother Paul ffrancis Pell and nephews Paul ffrancis Pell and Paul Pell and my affectionate wife Eliza Pell my trustees and executors hereinafter appointed all my household furniture and articles of use or ornament not hereinbefore specifically bequeathed and all the residue of the plate or plated articles and the books pictures and prints of which I shall be possessed upon trust to permit my said wife to have the use and enjoyment thereof during her life and from and after her decease upon trust to deliver all the said household furniture and articles of use or ornament plate and plated articles books pictures and prints to my said nephew Paul ffrancis Pell to whom I bequeath the same for his own use absolutely and I direct my said trustees as soon as may be after my decease and before delivery to my said wife of the said articles so bequeathed to my said trustees upon trust for my said wife for her life as aforesaid to cause inventories thereof to be taken and two copies to be made of each inventory and to be signed by my said trustees respectively and one of such copies to be kept by my said wife and the other of such respective copies by my said other trustees but my said trustees shall after the signature of such copies and the delivery to my said wife of the said articles so bequeathed in trust for her life as aforesaid be exempt from all responsibility in respect of such articles during the life of my said wife I also bequeath my gold repeating watch with the chain and seal attached and also my diamond ring and breast pin to my said nephew Paul Francis Pell for his own use absolutely I give and bequeath unto the several persons hereinafter named the legacies hereinafter mentioned (that is to say) to my said brother Paul Francis Pell the sum of three thousand pounds to my Aunt Mary Haworth late of Lambeth widow the sum of one hundred pounds to my Cousin Joseph Ambrose Brackenbury three hundred pounds to my Cousin Eliza Brackenbury Jane Brackenbury and Maria Brackenbury the sum of one hundred pounds each To my Cousin Mrs Eliza Compton (the wife of Colonel Compton) one hundred pounds To her six children fifty pounds each and To my Cousin Rockwell Haworth one hundred pounds To my nephew and nieces children of my said brother Paul Francis Pell the several legacies hereinafter named (that is to say) Paul Mildmay Pell (subject nevertheless to the proviso hereinafter contained) two thousand pounds Paul ffrancis Pell two thousand pounds William Pell five hundred pounds John Pell five hundred pounds Mary Pell five hundred pounds Maria Pell three hundred pounds Anne Pell one thousand pounds Eliza Pell three hundred pounds and Mary Jane Pell three hundred pounds to my nephews and nieces children of my late brother John Pell hereinafter named the several legacies hereinafter mentioned that is to say Bennett Pell one thousand five hundred pounds Paul Pell one thousand five hundred pounds Mary Ann wife of Thomas Grant one hundred pounds and each of her three children one hundred pounds Matilda Pell three hundred pounds and Clara Pell three hundred pounds to Jane the wife of Charles Bowmore one hundred pounds to the children of my cousin John Howarth (that is to say) John Foster Haworth Edward Lumley Haworth and Blanch Susan Howarth fifty pounds each, To George Bishop of the Regents Park Esquire three hundred pounds, To Mrs Anne Smith of Ripon one hundred pounds, To Henry Good of York three hundred pounds And it is my wish that the legacies hereinbefore given to such of the several legatees hereinbefore named who shall not have attained the age of twenty one years at my decease shall become vested and be paid to them respectively at that age and that the legacy or legacies of such of the said legatees as shall die before the said age of twenty one years with the accumulations shall sink into the residue of my personal estate I give to the proper Office of the Lincoln Lunatic Asylum (whose receipt shall be a good discharge for the same) one hundred guineas for the benefit of that Institution And I give to my said trustees Paul Francis Pell (my brother) Paul Francis Pell (my nephew) Paul Pell and my said wife Eliza Pell the sum of forty thousand pounds upon the trusts hereinafter declared concerning the same that is to say I direct my said trustees and the survivors and survivor of them and the executors or administrators of such survivor shall and do stand possessed of the said sum of forty thousand pounds upon trust to lay out and invest the same at interest in their or names or name in some or one of the Parliamentary stocks or funds of the British Government or in or upon real securities or railway debentures in Great Britain and do and shall from time to time at their or his discretion alter vary and transpose the same for others of the like nature when and as often as occasion shall require or my said trustees or trustee shall think proper and I direct that my said trustees or the trustees or trustee of my will for the time being shall and do stand possessed of and interested in the said sum of forty thousand pounds and the stocks funds and securities in or upon which the same shall be invested and the interest dividends and annual produce thereof upon and for the trusts interests and purposes hereinafter expressed and declared of and concerning the same that is to say upon trust to pay unto or permit and suffer and well and sufficiently authorise and empower my said wife and her assigns to have receive and take the interest dividends and annual produce of the said monies stocks funds and securities for and during the term of her natural life to and for her and their own use and benefit and from and immediately after her decease I direct that my said trustees or trustee for the time being do and shall stand and be possessed of and interested in the said sum of forty thousand pounds or the stocks funds and securities in or upon which the same may be invested and the interest dividends and annual produce thereof upon the trusts following that is to say upon trust thereout to pay unto the several persons hereinafter named the legacies hereinafter mentioned in addition to any other bequests to them (that is to say) To the said Paul Mildmay Pell (subject to the proviso hereinafter contained) eight thousand pounds, my said nephew Paul Francis Pell (subject to the proviso hereinafter contained) six thousand pounds), the said Henry Pell five thousand pounds, the said Maria Pell one thousand pounds, the said Ann Pell two thousand pounds, the said Ellen Pell one thousand pounds, the said Mary Jane Pell one thousand pounds, the said Bennett Pell four thousand pounds, the said Paul Pell four thousand pounds, the children of the said Mary Ann Grant or such of them as shall attain the age of twenty-one years equally between them if more than one and if but one then to that one one thousand pounds, the said Matilda Pell one thousand pounds, the said Clara Pell one thousand pounds, and as to the remaining five thousand pounds I empower my said wife by her will what any codicil thereto to dispose of the same as she shall think it and in default of her making any disposition thereof then the same or so much thereof as she shall will that if the stocks funds or securities in or upon which the said sum of forty thousand pounds shall be invested shall not when the said additional legacies shall become payable produce forty thousand pounds sterling then the said legacies shall abate in proportion but if the said stocks funds or securities shall produce of more than forty thousand pounds then the excess shall fall into and form part of the residue of my personal estate I give and bequeath All the Residue of my personal estate remaining after payment of my debts funeral and testamentary expenses and legacies hereby given or which I may give by any codicil hereto unto my said nephew Paul Francis Pell for his own use and benefit But if he shall die in the lifetime of my said wife then I give the same to my said nephews Bennett Pell Paul Pell and Henry Pell or such of them as shall be living at my decease if more than one to be equally divided between them as tenants in common and if but one then the whole to that one for their or his own use and benefit Provided and it is my will that with respect to the said legacies of two thousand pounds and eight thousand pounds hereinbefore bequeathed to or in trust for my said nephew Paul Mildmay Pell my said trustees and executors and the survivors and survivor of them shall hold the same in trust when the same shall become payable to invest the same in stocks funds or securities of the British Government or on real securities in England at interest with power to alter and transpose the same from time to time for other stocks funds or securities of the like nature and upon further trust to pay the dividends or interest of such stocks funds or securities to the said Paul Mildmay Pell or his assigns for his life and from and after his decease and if he shall leave any child or children or the issue of any child or children him surviving the said legacies of two thousand pounds and eight thousand pounds or the stocks funds or securities in or upon which the same shall be invested shall be held in trust for the executors or administrators of the said Paul Mildmay Pell as part of his personal estate but if the said Paul Mildmay Pell shall not leave any child or the issue of any child living at his decease then the same legacies of two thousand pounds and eight thousand pounds or the stocks funds or securities in or upon which the same shall be invested shall be held upon the trusts following (that is to say) As to two thousand pounds part thereof for my said niece Ann Pell as to one thousand pounds other part thereof for my said niece Maria Pell, as to one thousand pounds other part thereof for my said niece Ellen Pell, as to one thousand pounds other part thereof for my said niece Mary Jane Pell and as to the remaining one thousand pounds the same shall fall into and form part of the residue of my personal estate and go there with and I give devise and bequeath unto the said Paul Francis Pell (my brother), Paul Francis Pell (my nephew), Paul Pell and my said wife Eliza Pell all the estates which at the time of my decease shall be vested in upon any trusts or by way of mortgage of which I have power to dispose by this my will with their rights members and appurtenances To have and to hold the said estates with the appurtenances unto the said Paul Francis Pell (my brother), Paul Francis Pell (my nephew), Paul Pell and my said wife Eliza Pell their heirs executors administrators and assigns according to the nature and generality thereof respectively upon the trusts and subject to the equity which at the time of my decease shall be subsisting or capable of taking effect therein respectively but the money secured by or upon any such mortgages shall be considered and taken as part of my personal estate and I do hereby declare that the receipt and receipts in writing of the said Paul Francis Pell (my brother), Paul Francis Pell (my nephew) Paul Pell and my said wife Eliza Pell or of any or either of them or the survivors or survivor of them or the heirs executors administrators or assigns of such survivor of the trustees or trustee for the time being or any or either of them for any sum or sums of money payable to them or him under or by virtue of this my will shall effectually discharge the person or persons to whom the same shall be given in his her and their and every of their heirs executors administrators and assigns from seeing to the application or being accountable answerable for the ? thereof or any part thereof and I appoint my said brother Paul Francis Pell my said nephew Paul Francis Pell the said Paul Pell and my said wife Eliza Pell joint executors of this my will and I do hereby declare that it shall be lawful for the said trustees or trustee executors or executor for the time being acting under or in execution of the trusts of this my will to compound for or submit to arbitration or otherwise settle or adjust as well any debt or debts sum or sums of money which may be owing to all from me at the time of my decease which may become due or owing to or from such trustees or trustee executors or executor in or by virtue of the execution of all or any of the trusts or powers authorities contained in this my will as also any accounts reckonings disputes or differences which at my decease may be subsisting between me and any other person or persons whomever over or which may arise or subject between the trustees or trustee executors or executor of this my will or any or either of them and any other person or persons whomsoever under or in execution or in consequence of all or any of the trusts powers or authorities herein contained and also to give and allow such time or times for the payment of any such debts or sums of money and to accept such security either personal or otherwise as the said trustees or trustee for the time being shall in their or his discretion think it necessary or expedient Provided always and I declare and direct that if the said Paul Francis Pell (my brother), Paul Francis Pell (my nephew) Paul Pell and my said wife Eliza Pell or any or either of them should die or refuse or decline or become incapable to act in the trusts of this my will then a new trustee or trustees may be appointed either by the continuing or surviving or other trustees or trustee or (if there shall be no continuing or surviving or other trustee) by the trustee or trustees so declining to act or the executors or administrators of such of them as shall so die and that the said trust estates monies and premises shall in that case be conveyed and assigned so as to be vested in such new and such continuing or surviving or other trustees or trustee upon the same trusts and with the same powers as are hereinbefore mentioned and declared and do from time to time as often as that case shall happen and I also declare and direct that it shall and may be lawful to and for the said trustees hereby appointed and every trustee or trustees so to be appointed as aforesaid their and every of their heirs executors and administrators with and out of all or any of the monies which by virtue of this my will shall come to their or any of their hands to deduct retain to and reimburse themselves and himself and to pay to his and their co-executors and executor or trustees or trusty all such costs charges and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of this my will or any of the trusts hearing contained and also that they and their respective heirs executors and administrators shall be charged and chargeable only and every of them for and with his and their own respective receipts payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his her or their hands by virtue of this my will not with or for any loss or damage which may happen in or about the execution thereof or any of the trusts hereby declared without his or their respective wilful default and I hereby revoke all Wills codicils and other testamentary dispositions by me at any time heretofore made in witness whereof I the said Bennett Pell the testator have to this my last will and Testament contained in seven sheets of paper set my hand to each sheet thereof this third day of September and the year of our Lord one thousand eight hundred and forty-seven – Bennett Pell – signed by the said testator Bennett Pell as and for his last will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names are testing our witnesses word my in the fourth sheet being first struck through and the words the and of my said wife being first interlined in the seventh sheet – Thomas Brown – William Wright

Proved at London 23 Sept 1848 before the judge by the oaths of Paul Francis Pell Esquire the brother and Paul Francis Pell the younger Esquire and Paul Pell the nephew and Eliza Pell widow the relict the executors to whom admon was granted having been first sworn, the said Paul Francis Pell, Paul Francis Pell the younger and Eliza Pell before the worshipful Robert Joseph Phillimore and the said Paul Pell before the worshipful Alfred Waddilove respectively doctors of laws and surrogates duly to administer