In Other Countries Wills
or Wills with NANCE name in
Index of Wills: (Those labeled "below" are on this page.)
Will of Andrew NANCE -
(below) - 1852 - Portsmouth, Southhampton County
I bequeath unto my said son ANDREW NANCE the younger and the said WILLIAM JOHN MALLYON of the several sums of one thousand pounds two thousand pounds and three several sum of three thousand pounds sterling upon trust that they the sons ANDREW NANCE the younger and WILLIAM JOHN MALLYON or the survivor of them or the executors or administrators of said survivor or other the trustees or trustee for the time being of my Will, shall or will lay out and invest the same several sums in the names or n of my said trustees or trustee for the time being on Government or good real security in England with power for my said trustees or trustee for the time being to vary said investments or securities as often as it shall be deemed expedient so to do and that my said trustees or trustee for the time being shall and will be possessed of the said several legacies or sum , hereinbefore mentioned and the funds stocks or securities upon which the same shall from time to time be invested upon the several trusts and for the intents and purposes hereinafter declared containing the same sum respectively (that is to say) as to and containing the said sum of one thousand pounds and the stocks funds or securities upon which the same may be invested upon trust from time to time to pay the annual produce and income arising therefrom into the proper hands of my daughter MARTHA the wife of THOMAS GALTON for and during her life so that the same may be for her sole and separate use free from the control debts and engagements of her said husband or of any future husband and so that my said daughter MARTHA upon trust to pay or transfer the said sum of one thousand pounds or the stocks funds or securities in or upon which the same shall for the time being be invested unto or am ng such child or children of my said daughter MARTHA as shall have attained or shall live to attain the age of 21 years or (being a daughter or daughters) shall live to attain that age or be married, if more than one to be divided between or among them in equal shares and proportions and as to and continuing the said sum of two thousand pounds and the stocks and funds or securities upon which the same may be invested upon and for the like or corresponding trusts and intents and purposes for the benefit of my daughter SUSANNA the wife of a THOMAS DREWATT and her child or children and subject to the like limitations and restrictions in every respect as are herein before expressed continuing the said sum of one thousand pounds in favour of my said daughter MARTHA GALTON and her child or children and as to and continuing one of the said three several sum of three thousand pounds and the stock funds or securities upon which the same may be invested upon and for the life or corresponding trusts and intents and purposes for the benefit of my daughter ELIZABETH the wife of JOHN BLUNDEN and her child or children and subject to the like limitations and restrictions as are hereinbefore expressed and declared continuing the said sum of one thousand pounds in favour of my daughter MARTHA GALTON and her child or children as aforesaid and as to and continuing one other of the said three several sums of three thousand pounds and the stocks funds or securities upon which the same may be invested upon and for the like trusts and intents and purposes for the benefit of my daughter ELLEN the wife of LANGDON and her child or children and subject to the like limitations and restrictions as are hereinbefore expressed declared continuing the said sum of one thousand pounds in favour of my said daughter MARTHA GALTON and her child or children as aforesaid and as to and continuing the remaining third sum of three thousand pounds and the stocks funds or securities upon which the same may be invested upon crust from time to time to pay the annual income thereof unto my daughter-in-law MARY the widow of my late son JAMES NANCE for and during the term of her natural life. If she shall so long remain the widow of my son JAMES and unmarried for the maintenance of herself and my three grandchildren, the children of my said deceased son and from and immediately after the decease or marrying again of the said MARY NANCE upon Trust to pay or transfer the said last mentioned sum of three thousand pounds or the stocks funds or securities upon which the same for the time being may be invested unto such of my said three grandchildren the issue of my said late son JAMES NANCE as shall attain the age of 21 years if more than one, to be equally divided between them as tenants in comm n. I bequeath unto each of my grand daughters MARIANNE FISKE and LOUISA FISKE the sum of £500 sterling absolutely I bequeath to each granddaughter of mine (excepting the said MARIANNE FISKE and LOUISA FISKE) who shall be living at my decease the sum of three hundred pounds sterling in addition to any other benefit or advantage to which they may be entitled under my Will as to such of them as shall be married to be paid into their respective proper hands to be enjoyed and disposed of as their separate property free from marital control and their respective receipts shall be sufficient discharges and as to the others for their own respective use and benefit absolutely I devise all these my several Messuages or tenements, with their respective rights and appurtenances situate in Rands Court at Gosport in the said County of Southhampton and also all that Messuages or dwelling house situate in Bathing Lane otherwise West Street in the town of Portsmouth aforesaid late the property of Philbio Rands unto and to the use of my son WILLIAM NANCE his heirs and assigns forever.
I devise all these my two Messuages or dwelling houses shops and premises being numbers 51 and 52 in the south side of the High Street in the town of Portsmouth aforesaid and now or late in the respective occupations of Messieurs Carlson & Norlett with their respective rights and appurtenances into and to the use of my said trustees or trustee their or his executors administrators and assigns during the life of my said daughter MARTHA GALTON in Trust for her separate and inalienable use during her life and after tier decease unto and to the use of the child or children of my said daughter MARTHA GALTON as have attained or shall attain the age of 21 years of age (being a daughter or daughters) shall live to attain that age or be married I devise and bequeath all that and those my freehold and leasehold messuage and dwelling house, stores, wharf buildings and premises situate at the point of Portsmouth aforesaid and adjoining the Harbour formerly known as Whitings and now in lease to and in the occupation of George Baker the younger with their respective rights, members and appurtances unto my said trustees their heirs executors administrators and assigns according to the different natures and tenures thereof respectively upon trust to pay the rents and profits thereof unto my said two daughters ELIZABETH BLUNDEN and ELLEN LANGDON in equal shares as tenants in common during their respective lives for their separate use free from the control and debts of their present and any future husbands and so that my said daughters ELIZABETH and ELLEN respectively shall have no power to anticipate the same and after the decease of my said daughters ELIZABETH BLUNDEN and ELLEN LANGDON respectively I entrust for such of the children of my said two daughters last named respectively as shall attain the age or respective ages of 21 years or shall die under that age leaving lawful issue on his her or their deceases or respective decease and his her or their heirs and assigns for ever. If more than one as tenants in common. But so nevertheless that the child or children of each daughter shall take his her or their own parents share only I give devise and bequeath the residue of my real and PERSONAL ESTATE AND EFFECTS WHATSOEVER AND WHERESOEVER (including estates vested in me as trustee or mortgages) unto my said son ANDREW NANCE the younger his heirs executors administrator and assigns as to the said trust or mortgage estates subject to the trusts affecting the same and as to my beneficial property for his or their own use but subject to the payment of my debts funeral testamentary expenses and charged with the payment of the several annuities and legacies given by this my Will or any Codicil thereto I authorise my trustees or trustee to apply all or any part of the income (not hereby otherwise disposed of) from the presumptive share of any legatee or devisee under my Will during his or her minority for his or her maintenance and during and to invest any unapplied income and such surplus income to follow the destination of the capital but to be applicable if required for the maintenance of any minor or minors or presumptively entitled thereto. And I authorise my said Trustees or Trustee to apply not more than one half of any minors presumptive share for his or her advancement in life. I empower my Trustees or Trustee to leave any messuages or hereditaments which they or he may hold upon the trusts of my Will for not more than twenty-one years at a rank-rent subject to re-entry if the rent be in arrear for more than 21 days. I also empower my sons Trustees or Trustee in their or his discretion if they or he shall think it advantageous to sell any messuages hereditaments or premises which for the time being may be subject to any uses or trust limited by my Will or any part or parts thereof respectively and for that purpose to appoint new uses of the same and to make any special or other conditions and stipulations and the monies arising from any such sale shall be received and invested by the said Trustee or Trustees in the purchase (subject to such stipulations or conditions of sale or under such title as my Trustees or Trustee in their or his absolute discretion shall think safe or be expedient to be accepted) of other freehold messuages or hereditaments in England and in the meantime in the funds or upon good real security such hereditaments and securities to be respectively settled and held upon uses and trusts corresponding as nearly as may be with the uses and trusts hereinbefore limited and expressed of and continuing the messuages hereditaments or premises which shall be so sold I hereby declare that every person who shall or may pay any trust money to the Trustees or Trustee for the time being of this my Will upon their or his receipt in writing shall be fully exonerated from all responsibility whatsoever in respect of the application thereof and I further declare that if my said Trustees or other of them or any Trustees or Trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the trusts of this my Will it shall be lawful for the competent accepting Trustees or Trustee for the time being if any, whether retiring from the office of Trustee or not or, if none, for the executors or administrators or any or either of the executors or administrators of the last deceased Trustee to substitute by any writing or (as the case may be) jointly with any surviving or continuing trustees or trustee my trust estate or any part thereof shall be vested and I exempt every trustee of my Will from liability for losses occurring without his own wilful default and authorise him to allow to his, to trustee or to trustees any expenses incidental to the trusteeship and I especially declare that the said WILLIAM JOHN MALLYON and every other trustee who may happen to be of the profession of an attorney or solicitor shall be entitled to make the usually professional charges for advice given and business transacted and done for and on behalf of my Trust estate any of equity to the contrary not-withstanding and I direct that the powers hereby vested in the trustees herein named shall be exercisable by the trustees or trustee for the time being of my Will and lastly revoking all former Wills I declare this only to be my Will contained in this and the five preceding sheets of paper in testimony whereof I the said ANDREW NANCE the Testator have to each sheet thereof act my hand this twenty fourth day of October in the year of our Lord one thousand eight hundred and fifty two.
ANDREW NANCE
signed by the said — ANDREW NANCE the Testator as and to be his last Will and Testament on the day of the date thereof in the joint presence of us who at his request in his presence and in the presence of each.
GRINDER Bread St., Portsmouth Victualler
G.H. LAMB Clerk to Mr A. NANCE
Bread St. Portsmouth.
This is a Codicil to the last Will and Testament of me ANDREW NANCE of Portsmouth in the County of Southhampton.
Gentleman. Bearing date 24th day of December 1852 I hereby revoke and annul the following bequests contained in my said Will namely the annuity of £30 to my sister MARTHA GOULIN, the annuity of £15 to my servant MARY MILLARD and the legacy or one of the three several sums of three thousand pounds given to the Trustees of my Will upon Trusts for the ‘benefit of MARY NANCE the widow and my three grandchildren, the children of my late son JAMES NANCE the deceased and I do hereby expressly Will and declare that the said deceased son JAMES NANCE shall be wholly extruded from and take no benefit or interest whatever under of by virtue of my said Will I having since the date and execution thereof made other provision for the benefit of such parties respectively but in all other respects I hereby ratify and confirm my said Will in testimony whereof I have hereunto set my hand this first day of January in the year of our Lord 1853. ANDREW NANCE.
Signed by the said ANDREW NANCE on the day of the date in the joint presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto.
W.H. LEGGETT Emsworth. Hants. Gentleman.
EDWIN HARVEY Clerk to Mr Hellyer, Solicitor. Portsea.
Proved at London with a Codicil 9th February 1853 before the Worshipful THOMAS SPRICKS, Doctor of Laws and surrogate of the Oaths of ANDREW NANCE the son and WILLIAM JOHN MALLYON the Executors to whom was granted having been first sworn duly to administer.
This page last updated 9/1/2009