codicil 22 Jul 1816 and another 1818, proved 10 Dec 1819, London
CvM downloaded scan from NA 19/8/20
Finally distributed in 1852
"[C1832 B93]. Short title: Bell v Walsh. Document type: Bill and answer. Plaintiffs:...
This record is stored off site and will take three working days to be delivered to The National Archives.
Order in advance Order a copy Reference: C 13/980/34 Description: [C1832 B93].
Short title: Bell v Walsh.
Document type: Bill and answer.
Plaintiffs: Thomas Bell and wife and others.
Defendants: John Edward, Mary Fowke, David Williams and wife, Thomas Lowe, Louisa Parker, Sarah Parker, Hannah Pearson, Richard Sunderland, Henrietta Fowke Sunderland, Clay Fowke, Robert Fowke, Philip Fowke, Charles Fowke, Frederick Fowke and Sir John Benn Walsh and wife (amended to Dame Mary Walsh alias Dame Margaret Walsh, widow).
amended by an order dated 20 September 1832: Thomas Lowe and Louisa Parker removed as defendants
Note: The naming of a party does not imply that he or she will appear in all the documents in this cause (after the bill) Date: 1832 Held by: The National Archives, Kew Legal status: Public Record(s) Language: English Closure status: Open Document, Open Description
Cause number: 1850 F21. Short title: Fowke v Williams. Documents: Bill only. Plaintiffs:... Reference: C 14/1124/F21 Description: Cause number: 1850 F21.
Short title: Fowke v Williams.
Documents: Bill only.
Plaintiffs: Charles Fowke.
Defendants: David Williams and wife, John Fowke, Edward Fowke, Mary Anne Watts, Adelaide Mary Williams otherwise Adelaide Williams, William Alfred Williams, Frederick Augustus Williams, Edward Henry Williams otherwise Henry Edward Williams, Richard [Fowke], Henrietta [Fowke], Philip [Fowke], Frederick Fowke, Sunderland Clay Fowke, Robert Fowke, Thomas Bell and wife.
Provincial solicitor employed in Carmarthenshire
Note: Details have been added from C 32/115, which also gives information about further process. Date: 1850 Held by: The National Archives, Kew Legal status: Public Record(s) Closure status: Open Document, Open Description Restrictions on use: 3 working days notice to produce "
Francis Fowke Esquire 42 This is the Last WIll and Testament of me Francis Fowke late of Wimbledon in the county of Surrey but now residing in Croon(?) street Grosvenor square in the county of Middlesex esq I give and devise and bequeath all and in singular my real and personal estates and effects whatsoever and wheresoever and of what nature kind or quality soever the same may be (subject to the payment of my just debts legacies and funeral expenses) unto and to the use pf WIlliam Swallow of Great Cumberland place in the county of Middlesex Esquire and Sir John Benn Walsh of Warfield in the county of Berks Baronet their heirs excutors admons and assigns according to the nature of the tenures amd quality of the same estates respectively upon trust as soon as conveniently may be after my decease to make sale and absolutely dispose of and convert into a ready money all my said real estates and all such part and parts of my personal estate and effects as shall not consist of money or securities for money and to roll (?) in roolout(? and received all such part and parts thereof as shall consist of money or securities for money and to lay out and invest the same and all intermediate rents issues dividends interest and annual profits thereof rspectively upon real or government securities or in parlimentary funds at their discretion and thereby declare that the receipts of my said trustees or the survivor of them or the heirs executors or admons of such survivor shall be good and effectual discharges to the respective purchasers or other persons paying or delivering any money goods chattels or effects for whatever shall be expressed or acknowldged in such receipts respectively to be received and such respective purchasers or other persons their heirs exceutors or admons repsectivcely shall not afterwards be answerable or accvountable for any loss misappropriation or non application of the money goods chattels or effects so expressed or acknowledged to be received or any of them or any part thereof and I do hereby declare that my said trustees and the survivor of them and the exceutors and admons of such survivor shall stand and be possessed and interested of and in such securities and funds and the monies placed thereon and therein upon the trusts following (that is to say) upon trust to appropriate and set apart so much or such proportion thereof as shalll be sufficient in and out of the dividends interest and annual proceed thereof to xxx an annuity or yearly sum of five hundred pounds clear of all deductions and abatements whatsoever and to pay such dividens interest amd annual proceed amountin gto the yearly sum of five hundred pounds by equal half yearly payments at midsummer day and christmas day the first payment to be made on such of the said days as shall next happen after my decease unto my wife Mary ffowke during her life and to no other person or persons womsoever the same to be for her sole xxx and peculiar use and benefit whether sole or xxx and not liable to the debts xxx or xxx of any husband she may marry and declare that xxx receipts only and of no other person whether she shall be sole or xxx shall be good and sufficient discharges to my trustees or trustee for the time being for the money in and receipts respectively expressed or acknowledged to be received (the same annuity to be in satisfaction and discharge of an annuity of one hundred pounds which xxx secured to her by my bond previous to my marriage and to be in lieu and to be xxx by her in such satisfaction and discharge of all dower thereforth or thirds which she might be entitled to as my widow out of my real and personal estate I give to my said wife the sum of two hundred pounds to be paid to her by my executors immediately after my decease for her own use and benefit And as to for and rxxx all and singular that the said trust securities ffunds and monies as well those which shall be appropriated to answer the said annuity of five hundred pounds (but subject and without prejudice thereof) as all other the said trust securities funds and monies my said trustees amd the survivor of them and the exceutors and admons of the survovor shall stand possessed thereof in trust to pay assign and transfer the same but subject and without prejudice as aforesaid trust [next page]between or amongst ffrancis ffowke born of the sixth of January one thousand seven hundred and eight nine Mary now the wife of John Watts of Worthing in the county of Sussex born the eight of February one thousand seven hundred and ninety two John ffowke born the fourth of July one thousnd seven hundred and ninety four Richard ffowke born the twenty seventh of November on thousand seven hundred and ninety five Henrietta ffowke born twenty second of December one thousand seven hundred and May one thousand seven hundred and ninety eight edward ffowke born the fourth day of April one thousand eightnhundred and one Philip ffowke born the eight day of September one thousand eight hundred and two Charles ffowke born the twenty fifth day of march one thousand eight hundred and five ffrancis ffoek born the twenty ninth day of January one thousand eight hundred and seven Elizabeth ffowke born the twenty ninth day of July one thousnd eight hundred and nine and Eliza ffowke born the twenty ninth day of July one thousnd eight hundred and nine all my reputed natural children by Mary Lowe now my said wife all born previous to my marriage with the said Mary Lowe now my wife or such of them as shall be living at the time of my decease and all and every other my child or children hereafter to be born who shall be living at the time of my decease or born in nine calendar months after my death share and share alike and if there shyall be but one child living at the time of my decease or born within teh space of nine calendar montghs after my death then the whole to such one child and that the same or the share thereof shall be paid or assigned and transferred to my said children ffrancis ffowke Mary Watts John ffowke Richard ffowke Henrietta ffowke Sunderland Clay ffowke Edward ffowke Robert ffowke Philip ffowke Charles ffowke ffrancis ffowke Elizabeth ffowke and Eliza ffowke and the child or children there after to be born in my lifetime or within the space of nine calendar months after my death in the manner following (that is to say) the portion part of share parts of shares of such of my children being a daughter or daughters except the share of the said Mary Watts shall be assigned and transferred to her or them respectively at her or their age or respective ages of twenty one years or day or respective days of marriage which shall first happen and the portion part of share parts of shares of such of them being a son or sons shall be paid or assigned and transferred to him or them respectivbely at his or their age or repsetive ages of twenty one years or at any earlier period for his or their benefit preferment or advancement in the world if my said trustees or the survivor of them his executors or admons shall think proper and if any such child or children being a daughter or daughters shall depart this life under the age of twenty one years not having been married or being a son or sons shall depart this life before he or they respectively shall attain the age of twenty one years then the part of share or portion parts of shares as well xxx as original of him her or them so dying or so much thereof as shall not have been advanced as aforesaid shall go and xxx to and become vested and xxx in the the others or other of my said children hereinbefore named and hereafter to be born in equal proprotions if more than one at or from such time or times as his her or their originals share or shares shall become vested and transferable and shall be paid at such time or times as [new page] such original share or shares shall become payable or as soon afterwards as rerustauros (?) will permit and my will is that all and every the share and shares so directed (diverted) to arrive shall from time to time arrive together with the originbal share and shares until such originals hare or shares shall become vested and upon further trust to pay and apply and romprtout(?) part of parts of the dividends interest and annual proceed of the said trust securities funds and monies for and towards the maintenance and education of such child and children until their respective shares of the principal monies shall become payablke to them in proportion to their repsective shares and interests or presumptive and expectant shares or interests therein accumulating from time to time the residue of such dividends interest and annual proceed if any there shall be and from time to time laying out or investing the same in or upoin such securities or funds as aforesaid for the benefit of such child or children born or to be born as aforesaid according to their repsectie shares and interests and in case all and every the daughter and daughters born and to be born as aforesaid shall depart this life under the age of twenty one years not having been married and all and every the son and sons born and to be born as aforesaid shall depart this life under the age of twenty one years then in trust but without prejudice to the said annuity of five hundred pounds to pay assign and transfer the same trust securities funds and monies and all accumulations thereof (if any) there be unto my sister Dame Margaret the wife of the said Sir John Benn Walsh if she shall be then living but in case she shall be then dead then unto the said William Holland his executors admons and assigns for his and their own use and benefit provided lways and I I do hereby declare that it shall and may be lawful to and for the said William Holland and Sir John Benn Walsh and the survivor of them and the executors and admons of such survivor from time to time or ny time or time at direction to roll in all or any of the trust monies hereinbefore by me directed to be laid out and invested or make sale of the securities or ffunds whereupon or wherein the same or any of them shall be laid out or invested and to place out and invest the monies which shall be so rolled in and arise by such sale or sales or other real or government securities or in other parliamentary ffunds and from time to time to alter and transfer such securitoies and funds and that such n? securities or funds and the monies placed thereon or therein shall be and remain vested in the said William Hollond and Sir John Benn Walsh and the survivor of them and the executort and admons of such survivor upon such and the same trusts and to and for such and the same intents and purposes as are hereinbefore xxx or expressed of or xxx the original trust securities or ffunds and monies respectively or such of them as shall be then subsisting and capable of taking xxx and I do hereby declare that the portion or share of my daughter Mary Watts (as well originbal as arr??) shall be for her sole and separate use and benefit whether sole or xxx and shall not be liable to the debts xxx or arguments(?) of her present or any future husband and I declare and dreict that such portion or share of my said daughter Mary Watts shall be invested in the parliamentary stocks or funds in the names of my said trustees or the survivor of them his executors admons and assigns and the dividends and anual produce thereof shall be for the sole [new page] and separaret use of my daughter during the her natural life and not subject to the debts or xxx of her present or any future husband and her xxx alone under xxx xxx hand shall be good discharged to my trustees and the survivor of them his executors admons and assigns for such dividends and annual produce and from and after the decease of my said daughter her said portion or share in the stocks funds and securities purchased therewith shall be in trust for all and every her children who being a son or sons shall attain the age of twenty one years or depart this life under that age leaving issue one or more child or children lawfully begotten liuving at the time of his or their decease or respective deceases or who being a daughter or daughters shall attain the age of twenty one years or marry equally to be divided amonsgt such chilkdren share and share alike and if there shall be but one such child in trust for him or her his or her erxecutors admons and assigns and in case my said daughter shall die without having issue living at the time of her death in trust for such of her brothers and sisters as shall be then living equally to be divided amongst them provided also and I do hereby declare my will to be that it shall and may be lawful to and for my said trustees their heirs executors and admons respectively by and out of all and any of thentrusts herein declared shall come to their or any of their hands to divert retain to and reimburse themselves all such reasonable costs charges and expenses as they respectively shall or may sustain or be put unto in or about the execution of the several trusts hereby in them reposed and also that they my said trustees their heirs executors anmd admons respectively shall be charged and chargeable only xxx of them for and withntheir xxx respective receipts xxx xxx and xxx defgaults and not otherwise and shall not be charged or chargeble with or for any sum or sums of money other than such as shall actiually come to their respective hands by virtue of this my will or the trusts hereby in them reposed without their respective wilful defaults I hereby appoint the said William Hollond and Sir John Benn Walsh executors of this my will and I hereby revoke all former wills and deckare this to be my last will and testament in witness whereof I the said ffrancis ffowke the testator have to this my last will and testament (and to a dulpicate thereof) each contained in seven sheets of paper set my hand and seal (that is to say) my hand to the first six sheets tehreof and my hand and seal to this seventh and last sheet thereof this seventh day of July one thousand eight hundred and thirteen F Fowk [seal] signed sealed published and declared by the said ffrancis ffowke the testator as and for his last will and testment in the presence of us who in his presence at his request as witnesses Wm Domville Charles Clarke Robt James Butt xxx sim
This is a codicil to the last will and testament of ffrancis ffowke of Hertford street in the county of Middlesex Esquuire which will bears date the seventh day of July one thousand eight hundred and thirteen I give and bequeath the following annuities (that is to say) to Thomas Lowe pof Oxford my wife's ffather fifty pounds for and during the term of his natural life To Sarah Parker now living with me as housekeeper twenty five pounds for and during the term of her natural life to Hannah Pearson now living with me as house maid twenty pounds for and durung the term of her natural life all the said annuities to be payable half yearly by equal portions each of the said annuities to commence and be payable at the end of six months from the death of my wife if she shall survive me and I direct that the trustees and executors named in my will and the survivor of them and the executors and assigns of such survivor shall stand and be possessed and interested of and in the securities and funds mentioned in my said will and the moneies placed thereon and therein upon trust to appropriate and set apart so much or such proprotion thereof as shall be sufficient by and out of the dividends interest and annual proceed thereof to answer the several annuities given by this codocil and I hereby copnfirm my said will in all other respects except as altered by thgis my codicil in conxxx whereof I have hereunto set my hand and seal this twenty second day of July one thousand eight hundred and sixteen F Fowke [seal] signed sealed published and declkared by the said ffrancis ffowke as and for a codicil to his last will and testament in the presence of us who by this direction and in his presence and in the rpesence of each other have hereuinto set our hands as witnesses Matthew Gooch James watkins J Gooch
This is a codicil to my will I revoke the devises and bequests therein contained to William Hollond Eqsr. and Sir John Benn Walsh their heirs executors and admons upon the trusts therein mentioned and in lieu thereof I give devise and bequeath all and singular my real and personal estates and xxx whatsoever and wheresoever and of what nature kind or quality soever the same may be subject to the payment oif my just debts leagcies and funeral expenses unto and to the use of Lieutenant ffrancis ffowke now of the 64th Light Dragoons his heirs executors admons and assigns according to the nature of the xxx and quality of the same estates respectively upon the same trusts as xxx by my said will given and devised the same estates and xxx to the said William Hollond and Sir John Benn Walsh and their heirs executors admons and assigns and with the same powers in every respect as I had given to the said William Hollond and Sir John benn walsh and their heirs executors and admons except that I give to the said francis ffowke his heirs executors and admons full power to use his own discretion at what time to sell and dispose of my real and leasehold estates and until sold thereof the persons who under my will are interested in such sale are to take a share in the rtenmts proportioned to the share they would receive of the money arising by sale of the said estate and I do hereby empower the said ffrancis ffoke his heirs executors and admons respecticely according to the nature of the said estates to demise the same or any part or parts thereof to any person or prsons for any term not exceeding twenty one years in possession so as that the best and most improved yearly rent that can be reasonably had for the same be reserved abd made payable without taking any fine or premium and I revoke the appointment od the said William Hollond and Sir John Benn Walsh to be the exceutors of my said will and appoint the said ffrancis ffowke to be the sole executor thereof whereof I have hereunto set my hand and seal this thirteenth day of August one thousand eight hundred and eighteen F. Fowke [seal] signed sealed published and declared by ffrancis ffowke as and for a codicil to this last will and testament in the presence of us who in his presence at his request and in the rpesence of each other have subscribed our names as witnesses Hannah Williams East Sheen Stephen Blatherwick Henry Denton Lincolns Inn
Proved at London with two codicils 10 December 1819 before the worshipful John Daubeny Dr of Lawes and surrogate by the oath of ffrancis ffowke Esqr the sole executor names in the second codicil xxx xxxx was granted being first sworn duly to administer