1808 - The will of Bonham Hammond


This is the last will and testament of me Bonham Hammond of Birmingham in the New County of Warwick Button Maker
I give devise and bequeath unto and to the use of Francis Deakin of Birmingham aforesaid Button maker John Dickenson of Birmingham aforesaid Button maker and William Rudder of the same place coke founder their heirs executors admors and assigns for ever all my real and personal estate and property and effects whatsoever and wheresoever whereof I devise or power of disposal by this my will upon fair trusts nevertheless and to and for the acts intents and purposes following that is to say
Upon trust that they shall and do convert the same (except my household furniture plate linen and implements of household) or such part thereof as they may from time to time see fit into ready Money and shall and do out of the monies arising hereby in the first place pay satisfy and fully discharge all my just debts and funeral expenses and the expenses of proving this my will and carrying the trusts thereof into execution and from and immediaetly after payment thereof shall and do in their own hands place out and invest and from time to time as they may see fit call in replace and reinvest the remainder of the said monies at interest for the most interest that can be from time to time reasonably gotten for the same on freehold copyhold or leasehold security or securities or in New public funds of this Kingdom or on Canal Schemes or on Shares in any Public Corporate Company only authorised and established by act of parliament or in the purchase of any Share or Shares in any of the Subscription Copper Companies now existing in Birmingham and shall and do pay and apply the clear yearly interest arising from the sum of three thousand pounds unto my dear wife Ann Hammond and her assigns for and during the term of her natural life in case she shall so long continue my widow but not otherwise and in case my said wife shall marry again then it is my will and I do hereby direct that she have only the clear yearly interest of two thousand pounds during her natural life the interest of the said respective sums to be paid by four quarterly payments that is to say on the twenty fifth day of March the twenty fifth day of June the twenty fifth day of September and the twenty fifth day of December in every year and so in proportion for any part of a year while she may live beyond any of the said days and the first payment thereof to be made on one of the said days as shall next happen after my decease and such condition in case of her marrying again to be made on such of the said days as shall next happen after such marriage and duty of thereto upon trust to pay assign and transfer all and every the rest residue and remainder of my aforesaid property and estates (my real estate being considered as converted into money) save and except my household furniture plate linen and implements of household and also the said sum of three thousand pounds when and as my said wife by death or marriage shall cease to be entitled to the interest thereof or of any part thereof unto and amongst all and every my child or children who shall be living at my decease and shall attain the age of twenty four years and the issue of any of them who shall be dead at the time of my decease or shall afterwards die under age of twenty four years leaving issue living at the time of his or her decease equally to be divided between them share and share alike as Tenants in common such issue nevertheless taking only the part or share his her or their deceased parent would have taken if living and if but one such child or the issue of only one such child then the which to such only child or to such issue the interest dividends and proceeds or so much thereof as my said trustees shall think fit being in the meantime applied for and towards the respective maintenance education and support of such child and children and their issue accordingly as they are apparently entitled to the said capital or principal in which and discharge of my said wife Ann from and the surplus (if any) to go to the person who shall happen to be entitled to receive the respective share of the capital or principal and to be added thereto provided always that in case my eldest son or any child or issue who will be entitled to the ____ suffered in jointure on my wife shall not within ___ ____ of twelve months after my decease or after he or she shall attain the age of twenty one years by all such good and effectual ____ as are or shall be in his ___ or the expense of my estate money all and singular his estate and interest in the said heredits and the rents and profits thereof unto my said trustee their heirs and assigns in order that the same may be sold and the monies arising therefrombe added to and become part of the residue of my personal estate so as that all my children may have an equal property
Then I direct the sum of four hundred pounds to be deducted from the share and shares of my property hereinbefore given to such son or other child or issue refusing or mitting to make such conveyance as aforesaid in proportion to their interest and estate in the said heredits and to be added to the share or shares of the other children having no interest in the said heredits or conveying that same to my said trustees aforesaid provided always and it is my will and full intent that in case my said trustees their executors admors or assigns shall see fit at any time or times to pay or advance all or any part of the principal or capital to which any of my child or children or their issue shall respectively appear entitled by way of advancement in life of such child or children or their issue ____ as apprentice for or to enable them to ____ in life or otherwise
It shall and may be lawful and I do fully authorise and empower them to do any thing hereby contained to the contrary notwithstanding and upon further trust that they my said trustees their executors admors and assigns shall and do permit and suffer my said wife so long as she shall continue my widow to have the use and benefit of all my household furniture plates linen and implements of household and that the same upon her decease or marriage which shall first happen in case I have any issue then living shall sink into and become part of the capital or principal before mentioned but in default of such issue to go to my own next of kindred by blood according to the statutes of distribution of intestate estates and in case all and every my children shall depart this life under age of twenty four years without leaving lawful issue living at the time of his her or their respective decease then upon trust to convey assign and transfer the said capital or principal and all accumulation thereof (subject to the reservation of the said issue of three thousand pounds or two thousand pounds as the case may be whilst my wife shall be entitled to the interest thereof as aforesaid and to such advances therefrom (if any) to any of my said children or their issue according to the power hereinbefore given) in manner following that is to say one equal moiety or half part thereof the whole into two equal parts to be divided unto my own next of kindred by blood (except my said wife) according to the statute of distributions of intestate estates and the other moiety or half part thereof (and which last mentioned moiety shall be raised from my personal chattels only) unto and amongst the Treasurer for the time being of the Society or Institution called the Paxton Academy the Society or Institution called the Baptist Academy the Society or Institution called the Missionary Society and the Society or Institution called the Baptist Missionary Society equally share and share alike in order that the same may be applied to the purposes of the respective institutions in such manner as the respective treasurer trustees or directors of the said societies for the time being shall see fit and to or for no other intent or purpose whatsoever
and I do hereby authorize and empower my said trustees and each and every of them under oath and every of their heirs executors admors and assigns to reimburse and repay him and themselves and deduct and retain out of the said trust estate and the interest income dividends and proceeds thereof all such monies costs charges and expenses as they or any or either of them shall or may pay sustain or be put unto for or by reason of the trusts hereby in them reposed or the carrying the intention of this my will into execution and ___
I do thereby declare that it is my will that no purchaser or purchasers of all or any part of my real or personal estate shall be obliged to see to the right application of the purchase money but the receipt of my said trustees shall be a sufficient discharge for the same and that ____ of my said trustees their heirs executors amors and assigns shall be answerable or acountable for any loss or damage which may arise to the said trust estate or any part thereof from any ____ ____ or ____ whatsoever unless the same shall happen only by or through the same or one of ____ wilful neglect or default nor shall one of them be in any manner accountable or answerable for the acts deeds or defaults of the other of them nor for any monies or other property but such as shall actually come to his hands his joining in any receipt or receipts for the sake of conformity notwithstanding but ___ of them for his own act deeds receipts and defaults only
And lastly I do hereby appoint my said trustees and my said wife executors and ___ of this my will hereby revoking all former will by me made
It witness whereof I the said Testator Bonham Hammond have to this my last will and testament written on five sheets of paper set my hand and seal in manner following that is to say to the first four sheets thereof my hand and to this fifth and last sheet my hand and seal the twenty fifth day of May one thousand eight hundred and seven
Bonham Hammond
Signed sealed published and declared by the above named testator Bonham Hammond as and for his last will and testament (the interlineation between the twenty first and twenty second lines of the ___ being first made and the word ____ in ____ ____ written on the ___ ) in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses
Jno Deakin Wm Glover John Ingles

Whereas I Bonham Hammond of Birmingham in the County of Warwick Button Maker did in and by my last will and Testament bearing date the twenty fifth day of May now present give devise and bequeath unto and to the use of Francis Deakin John Dickenson and William Ruddor _____ ____ their heirs executors and admors for ever all my real and personal estate property and effects whatsoever upon their several trusts therein mentioned and amongst ____ ___ to pay the clear yearly interest of the sum of three thousand pounds to my dear wife Ann Hammond and her assigns for and during the term of her natural life if ___ so long continue my widow and in case she marry again have only the clear yearly interest of the sum of two thousand pounds
Now I do by this writing which I declare to be a codicil to my said last will and testament and desire may be taken as part thereof I ____ that it is my will and intent that the said Francis Deakin John Dickenson and William Ruddor and the survivor and survivors of them his executors or admors shall and may and for _____ _____ ____ and empower them if they so think fit but not ____ to carry on and continue my present trade of a button maker so long and in such way and manner as they may see fit without being liable to make good any loss or deficiency which may arise thereby unless ___ some be wilful
and I do further declare that the said interest of the respective sums of three thousand pounds and two thousand pounds is intended to be as ____ interest as and for the time being be reasonably obtained for the same ____ five pounds for one hundred pounds by the year and treat the same ___ in his care and full satisfaction of all power and ____ of common ___ which she as my widow shall or may ____ out of my freehold estate of which I have been ____ _____ ____ ____ ____ us ____ and _____ as to the ____ executors ___ upon her and ___
I do by this my codicil to my said will hereby confirm my said will in all respects not hereby altered or ___
In witness whereof I have hereunto set my hand and seal this seventeenth day of May in the year one thousand eight hundred and seven
Bonham Hammond
Signed sealed published and declared by the said Bonham Hammond as and for a codicil to his will in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses
Jno Deakin Tho Glover John Ingles

This will was proved at London with a codicil the seventh day of January in the year of our Lord one thousand eight hundred and eight before the right honourable Sir William Wynne Knight Doctor of laws Master ___ or ____ of the prerogative court of Canterbury lawfully ____ by the oaths of Francis Deakin John Dickenson and William Ruddor three of the executors named in the said will to whom admor was granted of all and singular the goods chattels and credits of the deceased having been ____ by Commission only to administer ____ ___ of making the ___ account to Ann Hammond widow the relict of the said deceased and ___ executor named in the said will of the said deceased when she shall apply for the same