Will of
Francis 
Fowke
(
Lowe
,
Lowe
) 1755 - 1819, 7th Jul 1813

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:...

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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

and

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