This is the last Will and Testament of me Sir Philip Stephens of St Faiths and Horsford in the County of Norfolk and Fulham in the County of Middx., Bart.
I give and devise all and singular my freehold Manor, Messuages, Farms, lands, tenements, advowsons, Tithes & Heredits situate & being or arising within the County of Norfolk with their respective appurts unto Nathaniel Kent of Fulham aforesaid esquire and William Young Knight of the Parish of St James within the liberty of Westminster in the said county of Middx., Gentleman, and their heirs to the uses upon the trusts & for the intents & purposes & under & subject to the powers, provisos, limitations & declarations hereinafter limited, expressed or declared of & concerning the same that is to say to the use & intent that my nephew Philip Howe receive & take one Annual Sum or clear yearly rent, charge of two hundred pounds of lawful money of Great Britain.
And that (blank) the wife of the said Philip Howe & her assigns may in case she shall survive the said Philip Howe receive and take during her natural life one Annual Sum or clear yearly rent charge of one hundred pounds of like lawful money
And that my niece Grace Howe & her assigns may during the natural life of her, the said Grace Howe, receive & take one annual Sum or clear yearly rent charge of one hundred & five pounds of like lawful money
And that my great nephew Philip Wilkinson, a Captain in the Royal Navy and his assigns may during the natural life of him the said Philip Wilkinson have, receive and take one annual Sum or clear yearly rent charge of two hundred pounds of like lawful money
And that Mrs Carolina King, of Leicester Square in the said County of Middx., & her assigns, may during the natural life of her the said Carolina King, have, receive & take one annual Sum or clear yearly rent charge of four hundred pounds of like lawful money
The said several & respective annual Sums of two hundred pounds, one hundred pounds, one hundred & five pounds, two hundred pounds & four hundred pounds to be issuing out of and charged and chargeable upon all and every pf the said manors, heredits and premises hereinbefore devised to the said Nathaniel Kent and William Young Knight & their heirs & to be paid at or in the Common dining Hall of Lincoln’s Inn in the County of Middx. aforesaid without any deduction for or in respect of taxes or any other matter or thing whatsoever, except in respect of Tax called the property Tax, by equal quarterly payments on the following days that is to say Christmas Day, Lady (Day ?), Midsummer Day & Michaelmas Day in each and every year. The first payment of the said several annual Sums or yearly rent charges of two hundred pounds, one hundred & five pounds, two hundred pounds & four hundred pounds respectively to be made on such of the said days as shall happen next after my decease & the first payment of the said annual Sum or yearly rent charge of one hundred pounds to be made on such of the days as shall happen next after the decease of the said Philip Howe in case the said (blank) his wife shall survive him
& to the further intent and purpose that in case the said annual Sums or yearly rent charges or any of them or any part thereof respectively shall at any time or times be unpaid by the space of thirty days next after the same respectively shall become due as aforesaid then it shall & may be lawful to & for the said Philip Howe, (blank) the wife of the said Philip Howe, Grace Howe, Philip Wilkinson & Carolina King respectively and their respective assigns into and upon the said manors, messuages, farms, lands, tenens. & heredits so charged with the payment of the same respectively as aforesaid or into any part thereof to enter & distrain & the distress & distresses then & there found to dispose of according to law as in the Case of distress for ///// reserved in a ////////////////////// demise for years to the and that the said annual Sums or yearly rent charges or such of them respectively as shall be so in arrear & all arrears thereof and all Costs Charges and Expences attending the non-payment or recovery thereof respectively shall & may be fully paid & satisfied
and to the further intent & purpose that in case the said annual Sums or yearly rent charges or two hundred pounds, one hundred pounds, one hundred and five pounds, two hundred pounds and four hundred pounds or any of them or any part thereof respectively shall at any time or times be unpaid by the space of forty days next after the same respectively shall become due as aforesaid, then & so often although no legal demand shall have been made thereof or of the arrears thereof respectively it shall and may be lawful to & for the said Philip Howe, (blank) the wife of the said Philip Howe, Grace Howe, Philip Wilkinson & Carolina King respectively & their respective assigns into and upon the said manors, Messuages, Lands, Tenements & Heredits so charged therewith as aforesaid or into any part thereof in the name of the whole to enter & the same to have & hold & possess & enjoy & to receive & take the rents, issues & profits thereof & of every or any part thereof to & for their respective use and benefit until the said annual Sums or yearly rent charges or such of them as shall be so in arrear and all arrears thereof respectively & also so much and such part thereof respectively as shall incur & grow due during the Case of such their respective possession & all costs & charges & expences attending the non-payment or recovery thereof respectively shall be fully paid & satisfied and such possession where taken to be without impeachment of waste & charged & chargeable as aforesaid to the use of the right hon’ble Thomas Lord Viscount Ranelagh in that part of the United Kingdom called Ireland, the husband of the late dear daughter Caroline Elizabeth Viscountess Ranelagh dec’ed during his natural life without impeachment of waste,
and from and after the decease of the said Viscount Ranelagh to the use of my said nephew Philip Howe during his natural life without impeachment of waste and from & after the determination of that Estate by forfeiture or otherwise in the life time of the said Philip Howe to the use of the said Nathaniel Kent & William Young Knight & their heirs during the life of the said Philip Howe In trust to support the contingent uses & estates hereinafter limited & to preserve the same from being defeated or destroyed for that purpose to make entries or bring actions as occasion shall require but nevertheless to permit and suffer the said Philip Howe and his assigns during his natural life to receive & take the rent & profits thereof to & for his & their own use & benefit
and from and after the decease of the said Philip Howe to the use of the first & every other Son of the Body of the said Philip Howe lawfully begotten severally successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Sons the older of such Sons & the heirs male of his body being always to take before & be preferred to the younger of such Sons and the heirs male of his & their body and respective bodies
and for default of such I put to the use of my said great nephew Philip Wilkinson during his natural life without impeachment of waste and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Philip Wilkinson to the use of the said Nathaniel Kent and William Young Knight and their heirs during the life of the said Philip Wilkinson In trust to support the Contingent uses and Estates hereinafter limited and to preserve the same from being defeated or destroyed and for that purpose to make entries or bring actions as occasion shall require but nevertheless to permit & suffer the said Philip Wilkinson and his assigns during his life to receive & take the rents & profits thereof to & for his & their own use & benefit & from and after the decease of the said Philip Wilkinson to the use of the first & every other Son of the body of the said Philip Wilkinson lawfully to be begotten severally & successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Sons the older of such Sons the heirs male of his body being always to take before & be preferred to younger of such Sons and the heirs male of his & their body and respective bodies
& for default of such issue to the use of my said niece Grace Howe for and during her natural life without impeachment of waste & from & after the determination of that Estate by forfeiture or otherwise in the life time of the said Grace Howe to the use of the said Nathaniel Kent and William Young Knight and their heirs during the life of the said Grace Howe In trust to support the Contingent uses and Estates hereinafter limited and to preserve the same from being defeated or destroyed and for that purpose to make entries or bring actions as occasion shall require but nevertheless to permit & suffer the said Grace Howe and her assigns during his life to receive & take the rents & profits thereof to & for her & their own use & benefit & from and after the decease of the said Grace Howe to the use of the first & every other Son of the body of the said Grace Howe lawfully to be begotten severally & successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Sons the older of such Sons the heirs male of his body being always to take before & be preferred to younger of such Sons and the heirs male of his & their body and respective bodies
& for default of such issue to the use of the first & every other daur. of the body of the said Philip Howe lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Daurs. and the heirs male of her body being always to take before & be preferred to the younger of such daurs. and the heirs male of her & their body and respective bodies
& for default of such issue to the use of the first & every other daur. of the body of the said Philip Wilkinson lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Daurs. and the heirs male of her body being always to take before & be preferred to the younger of such daurs. and the heirs male of her & their body and respective bodies
& for default of such issue to the use of the first & every other daughter of the body of the said Grace Howe lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Daurs. and the older of such Daurs. & the heirs male of her body being always to take before & be preferred to the younger of such daurs. and the heirs male of her & their body and respective bodies
& for default of such issue to the use of the first & every other Son of the body of the said Philip Howe lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs of the body and respective bodies of all and every such Sons, the older of such Sons & the heirs of his body being always to take before & be preferred to the younger of such Sons and the heirs male of his & their body and respective bodies
& for default of such issue to the use of the first & every other daughter of the body of the said Philip Howe lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs male of the body and respective bodies of all and every such Daurs. and the older of such Daurs. & the heirs of his body being always to take before & be preferred to the younger of such daurs. and the heirs of her & their body and respective bodies
& for default of such issue to the use of the first & every other Son of the body of the said Philip Wilkinson lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs of the body and respective bodies of all and every such Sons and the heirs of his body being always to take before & be preferred to the younger of such Sons and the heirs of his & their body and respective bodies
& for default of such issue to the use of the first & every other Daur. of the body of the said Philip Wilkinson lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs of the body and respective bodies of all and every such daughters the older of such daurs. & the heirs of her body being always to take before & be preferred to the younger of such daughters and the heirs of her & their body and respective bodies
& for default of such issue to the use of the first & every other Son of the body of the said Grace Howe lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs of the body and respective bodies of all and every such Sons the older of such Sons and the heirs of his body being always to take before & be preferred to the younger of such Sons and the heirs of his & their body and respective bodies
& for default of such issue to the use of the first & every other Daur. of the body of the said Grace Howe lawfully to be begotten severally and successively & in remainder one after another as they respectively shall be in priority of birth and of the heirs of the body and respective bodies of all and every such Daurs.the older of such daurs. and the heirs of her body being always to take before & be preferred to the younger of such daughters and the heirs of her & their body and respective bodies
& for default of such issue to the use of the said Thomas Viscount Ranelagh his heirs and assigns for ever,
provided nevertheless & my will is that it shall be lawful for the sd. Philip Howe & Philip Wilkinson respectively as & when they respectively shall be in the actual possession or intitled to the rents, issues and profits of the said manor, heredits, premises or any of them or any part thereof under & by virtue of the limitations hereinbefore contained by Indenture or indentures to be sealed & delivered by them respectively in the presence of & attested by 2 or more credible witnesses or by their respective last Wills & Testaments to be signed & published by them respectively in the presence of & attested by three or more credible witnesses but subject & without prejudice to such of the said annual Sums or yearly rent charges hereinbefore charged upon the said manors & premises as shall be subsisting and remedies hereinbefore contained for recovery thereof to grant , limit or appoint unto or to the use of or in trust for any woman or women with whom respectively they may respectively intermarry or be intermarried for the life or lives of such women or women respectively for or in the nature of her or their Jointure or Join in & in bar or without being in bar of her or their ////// any annual Sum or yearly rent charge annual Sums or yearly rent charges not exceeding the sum of Two hundred & fifty pounds yearly for any one such woman free from Taxes & without deductions except in respect of the Tax called the Property Tax while the same shall be subsisting, to be issuing out of and charged and chargeable upon all or any of the said manors, heredits & premises or any part thereof & to be made payable half yearly or otherwise as to the said Philip Howe & Philip Wilkinson respectively shall seem meet with such remedies by distress and entry (?) upon and pay perception (?) of the rents, issues & profits of the heredits which may be so charged and such term or terms of years thereof or of any part thereof for better securing the compelling the payment of such annual Sum or yearly rent charge annual Sums or yearly rent Charges & all costs charges and expences to be occasioned by the non-payment of the same or any part thereof respectively as the said Philip Howe & Philip Wilkinson respectively shall deem expedient such in Grants Limitations or appointments respectively to be made either before or after the marriage of then person making the same as he may think fit,
provided also & my will further is that it shall and may be lawful for the said Grace Howe as and when she shall be in the actual possession or intitled to the rents , issues & profits of the said manors, heredits & premises or any of them or any part thereof under or by virtue of the limitations herein before contained by Indenture or Indentures to be sealed & delivered by her in the presence of and attested by two or more credible witnesses or by her last Will and Testament in writing or any writing in the nature of her last Will and Testament to be signed & published by her in the presence of & attested by three or more credible witnesses, but subject & without prejudice to such of the said Annual Sums or yearly rent charges hereby imposed or which may by virtue of the power or powers hereinbefore contained be imposed upon the said manors, heredits & premises or any of them or any part thereof as shall be subsisting and the remedies & means which may be subsisting for recovery thereof respectively to grant, limit or appoint the said manors, heredits & premises or any of them or any part thereof unto or to the use of or in trust for any such person as she the said Grace Howe may intermarry with for his life & from and after her decease such Grant Limitation or appointment to be made either before of after such marriage as the said Grace Howe shall think fit, provided also & my will further is that it shall be lawful for any person who for the time being shall by virtue of or under the limitations contained in this my will or of any appointment to be made by the said Grace Howe by virtue of the power hereinbefore given to her be in the actual possession or intitled to the rents, issues & profits of the said Manors, Heredits. & Premises or any of them or any part thereof, or if such person shall be a minor for his, her or their Guardian or Guardians by Indenture or Indentures to be sealed and delivered by them respectively to make any lease or leases of all or any of the said Manors, heredits & premises or any of them, or any part or parts thereof to any person or persons for any term or number of Years not exceeding 21 years to take effect in possession & not in reversion or by way of future Interest so as there be reserved in & by every such lease the best or most improved Yearly rent or rents to be incident to the reversion of the heredits so to be ////////// that can be reasonably had or expected for the same without having any such premium or foregift for any thing in the nature of a fine, premium or foregift for the making of any such lease, and so as no such lease be so made as to exempt the lessee from Punishment for committing waste & so as every such lease contain a clause of reentry for non-payment of the rent or rents thereby respectively reserved & so as the lessees execute counterparts of their leases respectively & ////// of every person except the said Viscount Ranelagh that shall under the limitations of this my will become initled to the rents & Profits of the said manors, heredits & premises hereinbefore devised (?) or any of them or any part thereof & of the husbands of females so intitled for the time being to assume my Surname & arms in lieu of their respective Surnames & arms under the Authority of the Kings Sign manual & to continue the use of my Surname & arms accordingly at all times & upon all occasions.
And as to for and concerning all the residue & remainder of my real Estates whatsoever & wheresoever not hereinbefore devised or disposed of, and also as for & concerning all & singular my stock in the public funds, monies on mortgage, or other Security, household furniture, pictures, plate, linen, china, books & all other my personal Estate & Effects whatsoever and wheresoever & of every kind soever, I give, devise and bequeath the same unto the said Thomas Viscount Ranelagh, his heirs, Exors. & Admors. According to the nature & quality of the same Estates and Premises respectively, subject nevertheless to the payment of all my debts, my funeral and Testamentary Expences and the legacies hereinafter given, that is to say
And I direct the same legacies to be paid within three calendar months next after my decease,
And I appoint the said Thomas Viscount Ranelagh, Nathaniel Kent & William Young Knight Exors of this my Will and I give & devise to them my said Exors. and their heirs, all such Estates as are vested in me by way of mortgage in fee, or for any Estate of freehold, or inheritance, subject to such equity or redemption as the same respectively are or may be liable to, provided and my will is that my said Trustees & Executors respectively shall be charged and chargeable only for such monies as they respectively shall actually receive or shall come to their respective hands by virtue of this my will and that any one or more of them shall not be answerable or accountable for the others or other of them, but each of them only for his own acts, deeds, receipts, neglects & defaults only & that it shall and may be lawful for them respectively & their respective Exors. or Admors. by and out of the monies which shall come to their hands respectively by virtue of this my will, to retain to and reimburse themselves respectively all such costs, charges & expences as they or any of them shall sustain or incur in the execution of the trusts of this my will, or in relation thereto, and lastly I revoke all former or other wills by me heretobefore made,
In Witness whereof I the said Testor Sir Philip Stephens to the first eight sheets of this my will contained in nine sheets of paper have set my hand, to the ninth & last sheet thereof, my hand & seal the third day of May 1806 - Philip Stephens
Signed, sealed, published & declared by the said Testator as & for his last Will and Testament in the presence of us who at his request in his presence & in the presence of each other have set & subscribed our names as witnesses thereto Chas Jones Inner Temple - H W Knight R Ford Clerk to Messrs Knight & Jones, Inner Temple.
Proved at London 5 January 1810 before the Worshipful Saml. Pearce, Parson, Doctor of Laws & Surrogate, by the oath of the The Right Honourable Thomas Viscount Ranelagh, one of the Exors to whom admon. was granted, being sworn to admr. Power reserved to Nathaniel Kent & William Young Knight Esqrs. the other Exors.
The margin of the will is annotated as follows
(2 Act)
On the 9th day of Dec. 1825 Admon. of the Goods, Chattels and Credits of Sir Philip Stephens, late of Fulham in the County of Middlesex, Baronet, decd. left unadd. by the Right Honble. Thomas Viscount Ranelagh dec’d. whilst living one of the Executors named in the Deceased’s will, was granted to William Matthew Coulthurst of Lincolns Inn Fields in the County of Middlesex, Gentleman as a person for that purpose named by and on behalf of George Palliser of the Vache in the County of Bucks. Esquire, limited so far only as concerns all the Right, Title and Interest of him the said Dec’d in and to all that one third of the part or other part or parts of and in Lands, Tenements, Heredits and Prems. situate in the Parishes of Chalfont Saint Giles and Chalfont Saint Peter or one of them in the County of Bucks, and also of and in the Manor or Lordship Messe., Lands, Ground, Tenements, Heredits & Prems with the Appurts. situate in the Parish of Chalfont Saint Giles in the County of Bucks respectively - comprised in certain Terms of 1,000 yrs. A and 1,500 yrs (save and except as therein mentd.) and the residue and remains of the said Terms therein granted & assigned to him the said Dec’d. by a certain Deed Poll bearing date the 18th day of December 1779, and by a certain Indenture of 4 parts bearing date the 24th day of July 1777, and now to come and unexpired and all benefit and advantage to be had, rec’d and taken therefrom but no further or otherwise or in any other Manr. whatsoever, having been first sworn duly to administer, Nathaniel Kent Esquire, one other of the Executors died without proving the said Will and William Young Knight Esqr. the other and surviving Exor. having first renounced the Probate and Execution of the said Will.
(3rd Act)
On the 19th Decr. 1832 Admon. of the Goods, Chattels & Credits of Sir Philip Stephens, late of Fulham in the County of Middlesex, Baronet, dec’d. left unadministered by The Rt. Honble. Thomas Viscount Ranelagh deceased, whilst living one of the Executors named in the said Deceased’s Will, was granted to George Keen of Stafford in the County of Stafford, Gentleman, as a Person for that purpose named by and on the part & behalf of The Rt. Honble. Thomas William Earl of Lichfield, limited so far only as concerns all the Right Title and Interest of him the said Deceased in and to all and every such parts of certain Messuages, Lands, Tenements, Hereditaments & Premises situate in Rugeley, otherwise Rudgeley, Colton, Collaige otherwise Colsich (?), Handsacre, Armitage, Blythburry and Maveson Ridware in the County of Stafford comprised in a certain Term of 300 Years as were purchased by and conveyed to the use of Thomas Anson and his Heirs with their Appurts. and the residue and remainder now to come and unexpired of the said Term of 300 Years therein granted and assigned to him the said Dec’d by a certain Indenture of 4 parts bearing date the 25th day of March 1768 (so far as the same related to the said premises) and all benefits & advantage to be had, received & taken therefrom but no further or otherwise or in any other manner whatsoever having been first sworn by Comsn. duly to Administer - Nathaniel Kent Esqr. one other of the Executors died without proving the said Will, and William Young Knight Esqr. the other & surviving Executor having heretofore renounced the Probate & Execution thereof (as by act of Court appears).
Public Record Office reference no. PROB 11 / 1507
Transcribed by Cliff Thornton, December 2004.