SD2080. Last Will & Testament of Edward Moulton-Barrett (father)
As published in The Brownings’ Correspondence, 24, 260–263.
[London]
14 April 1851
I Edward Barrett Moulton Barrett of Wimpole Street Cavendish Square in the County of Middlesex Esquire but usually known by and using the name of Edward Moulton Barrett only do make this my last Will and Testanent in manner following I direct all my just debts funeral and testamentary expenses to be paid and satisfied as soon as convenient after my decease by my Executors out of my personal Estate I give and bequeath all my family portraits to my eldest son Charles John Barrett I give and bequeath to Miss Mary Trepsack now of Welbeck Street in the County of Middlesex Spinster a Legacy of Two hundred pounds and to Mary Robinson my Housekeeper a Legacy of One hundred pounds And I direct my Executors to pay the Legacy duties chargeable upon the said legacies respectively out of my estate I give devise and bequeath all and singular my real estate in England Jamaica or elsewhere with the rights members and appurtenances And all the residue of my real and personal estate property and effects of what nature or kind soever and wheresoever situate unto my two sons Charles John Barrett and George Goodin Barrett their heirs executors administrators and assigns according to the nature and quality thereof respectively Upon the trusts and to and for the intents and purposes hereinafter mentioned that is to say Upon trust as soon as they shall consider it proper and convenient after my decease to sell and dispose of all and singular my said real estate with the appurtenances and also all and singular my said personal Estate not consisting of money or securities for money and either by public Auction or private contract as they in their or his discretion shall think fit for the best price or prices that can be reasonably had or gotten for the same and to make and execute all such conveyances assignments and other assurances as shall be necessary or expedient for giving effect to such sale or sales And I do hereby declare that the receipt and receipts of my said Trustees or the survivor of them his heirs executors administrators or assigns shall be a good and sufficient discharge or discharges to any person or persons who shall become the purchaser or purchasers of all or any part of my said real or personal estate or effects and that such purchaser or purchasers shall not after taking such receipt or receipts be bound to see to the application of such purchase money or any part thereof or answerable or accountable for the loss or misapplication thereof or of any part thereof And I direct my said Trustees and the survivor of them his heirs executors administrators and assigns to stand possessed of my said real and personal estates until sold and the net produce thereof when sold as aforesaid Upon trust for and to be equally divided between and amongst my six children hereinafter mentioned that is to say my daughter Arabella Barrett and my sons the said George Goodin Barrett and Henry Barrett Alfred Price Barrett Septimus James Barrett and Octavius Butler Barrett their executors administrators and assigns and to be paid assigned and transferred to my said children accordingly And it is my Will and I do hereby direct that in the meantime and until such sale and division of my said real and personal estate aforesaid amongst my said children that my said trustees do and shall pay and divide the annual income and produce arising from my said real and personal estate unto and equally between my said children Provided always and I hereby declare that if the said Charles John Barrett and George Goodin Barrett or either of them at any future trustees or trustee to be appointed as hereinafter mentioned shall die or decline to act or become incapable of acting in the trusts hereby in them reposed before the same shall be fully performed Then and in such case and so often as the same shall happen it shall be lawful for the surviving or continuing trustees or trustee his heirs executors administrators or assigns by any writing or writings under their or his hand and seal or hands and seals to be duly executed to nominate and appoint a Trustee or Trustees in the place of the Trustee or Trustees so dying or declining or becoming incapable to act as aforesaid And when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid the said trust estates and every part thereof shall forthwith be legally and effectually vested in the surviving or continuing trustees or trustee and such new trustee jointly or in such new trustees only as the case may happen Upon the same trusts and with the same powers as are hereinbefore declared concerning the same or upon such of them as shall be then subsisting or capable of being performed And I further declare that every Trustee of this my Will shall be chargeable only for such sums of money as he shall actually receive by virtue thereof notwithstanding the signing of any receipt for the same for the sake of conformity and that no one of such trustees shall be answerable for the other or others of them or for the acts receipts neglects or defaults of the others or other of them nor shall they or any or either of them be answerable or accountable for the involuntary loss of any of the said trust property nor for the insufficiency of any security upon which any of the trust monies shall be invested or for any other loss or damage which may happen in the execution of the trusts thereof (except the same shall happen through their or his own wilful default or defaults) And I also declare that it shall be lawful for the Trustees of this my Will and each of them their and each of their heirs executors administrators and assigns by and out of the monies which shall come to their respective hands by virtue of this my Will to retain and reimburse himself and themselves respectively and to allow to his and their co-trustees and co-trustee all costs charges damages and expenses which he or they may sustain expend or be put unto in or about the execution of the trusts hereby created or in any wise relating thereto And I hereby nominate and appoint my said sons Charles John Barrett and George Goodin Barrett Executors of this which I declare to be my last Will and Testament In witness whereof I the said Edward Barrett Moulton Barrett the Testator have to this my last Will and Testament contained in three sheets of Paper set my hand and seal this fourteenth day of April in the year of our Lord One thousand eight hundred and fifty one--E. M. Barrett--Signed Sealed published and declared by the said Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other (all being present at the same time) have subscribed our names as witnesses hereto--James Cross Solr Staple Inn--John Cross his clerk
This is a Codicil to the Will of me Edward Barrett Moulton Barrett usually called by and using the name of Edward Moulton Barrett only which Will bears date the fourteenth day of April one thousand eight hundred and fifty one Whereas I have by my said Will directed my said Trustees therein named to sell all my real and personal estate as therein mentioned and have directed them to stand possessed thereof until sold and of the net produce thereof when sold upon trust for and to be equally divided between my six children therein respectively named in manner therein mentioned And I thereby also directed that until the sale and division of my said real and personal estate amongst my said children my said trustees should pay and divide the annual income and produce arising therefrom respectively unto and equally between my said Children Now I hereby revoke and make void the said several directions and bequests so far as regards the interest to be taken thereunder by my son Alfred Price Barrett in my said Will named And I hereby direct my said Trustees to pay and divide the produce of my said real and personal estate when sold as in my said Will directed and the annual income and profits thereof respectively until sold equally between and amongst my five other children in the same way as if the said Alfred Price Barrett had not been named or referred to in my said Will and in all other respects I confirm my said Will and declare this to be a Codicil thereto In witness whereof I have hereunto set my hand and seal this seventeeth day of August One thousand eight hundred and fifty five--E. M. Barrett--Signed sealed published and declared by the said Testator as and for a Codicil to his Will in the presence of us who in his presence at his request and in the presence of each other all being present at the same time have subscribed our names as witnesses
John H. Knott, James Geo. Joyner, Clerks to Messrs Parnall Son & Cross, Solrs Staple Inn
Proved at London with a Codicil the 18th May 1857 before the Worshipful Herbert James Doctor of Laws and Surrogate by the Oath of George Goodin Barrett Esquire the son one of the Executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like Grant to Charles John Barrett Esqre the son also the other Executor when he shall apply for the same
Publication: None traced.
Manuscript: Public Record Office, London.
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