Thomas Hemingway, the elder, Worthing, Sussex, 1855

This is the last Will and testament of me, Thomas Hemingway the

elder, of Egremont Place, Worthing, in the County of Sussex,

Gentleman.

I give and bequeath unto each of the Children of my brother

John Hemingway that may be living at my decease a Legacy of

Nineteen pounds nineteen shillings.

I also give and bequeath unto the children of my Wife's brother

George Kew the sum of Ten pounds each for their own use and

benefit.

I give and devise unto my son Thomas Hemingway, of Stepney

Green, in the County of Middlesex, Oilman, and Samuel William

Davis, of Number 2, Caroline Place, Wellington Street,

Camberwell, in the County of Surrey, Gentleman,

All my freehold messuage or tenement and premises situate and

being in Caroline Street, Ratcliff, in the County of Middlesex,

now held by Charles Fossey on lease for the term of twenty one

years from the twenty ninth day of September one thousand eight

hundred and forty at the yearly rent of Twenty eight pounds,

To hold the same, with the appurtenances, unto the said Thomas

Hemingway and Samuel William Davis, their executors,

administrators and assigns, for and during the term of the

natural life of my dear wife Elizabeth,

Upon and for the trusts, intents and purposes hereinafter

declared concerning the same,

And I give and bequeath unto the said Thomas Hemingway and

Samuel William Davis, their executors, administrators and

assigns,

All those my six leasehold messuages situate and being in

Friendly Place, Mile End, and numbered respectively 1, 2, 6 and

7 East, and 11 and 12 West;

Also all those my three leasehold messuages situate and being

in Brook Street, Ratcliff, aforesaid, and respectively known as

numbers 122, 123 and 125 in the same street,

And also all that my leasehold messuage situate and being

Number 10 Totten Street, Stepney,

And also all that my leasehold messuage situate and being in

Stanfield Street, Whitehorse Lane, Mile End,

To hold the said several messuages or tenements and premises

hereinbefore described, with their respective appurtenances,

unto the said Thomas Hemingway and Samuel William Davis, their

executors, administrators and assigns,

Upon and for the trusts, intents and purposes hereinafter

declared concerning the same premises respectively,

And I do hereby declare that the said Thomas Hemingway and

Samuel William Davis, their executors, administrators and

assigns, shall, from and after my decease, stand possessed of

and interested in my said freehold and leasehold messuages or

tenements, hereditaments and premises hereinbefore devised and

bequeathed to them as aforesaid, and the rents, issues and

profits thereof,

Upon the trusts and for the intents and purposes, and with,

under and subject to the several powers, provisoes and

declarations hereinafter declared and contained concerning the

same, (that is to say),

Upon trust that they, the said Thomas Hemingway and Samuel

William Davis, or the survivor of them, or other the trustees or

trustee for the time being of this my Will,

Do and shall, from time to time during the natural life of my

said Wife, receive the rents, issues and profits of the said

leasehold and freehold hereditaments and premises as the same

shall become due and payable,

And do and shall, out of the respective rents, issues and

profits of the said leaseholds, pay the several and respective

rents, and perform the several covenants reserved and contained

under and by the several Indentures of Leases respectively under

or by virtue of which the said leasehold premises are held by

me, and which from and after my decease, and during the life of

my said Wife, ought to be paid and performed in respect of the

said premises respectively.

And also in case the lease under which the said Charles Fossey

now holds the said freehold messuage or tenement, hereditaments

and premises in Caroline Street aforesaid shall expire, or in

the event of my Trustees recovering possession of the said

premises in consequence of the nonperformance on the part of the

said Charles Fossey, his executors, administrators and assigns,

of any of the Covenants in the said Indenture of Lease contained

during the lifetime of my said Wife, do and shall, during the

remainder of her life, out of such rents, issues and profits as

aforesaid, also keep the said freehold messuage or tenement and

hereditament in good and tenantable state of repair,

And do and shall thereout pay all calls (if any) which during

the life of my said Wife shall become due and payable upon or in

respect of my shares in the Commercial Gas Light Company situate

in Johnsons Fields, Stepney, hereinafter bequeathed and subject

thereto,

And shall, by, with and out of the rents, issues and profits,

yearly and every year during the natural life of my said Wife,

raise and pay unto her an annuity or yearly sum of One hundred

and four pounds of lawful money of the United Kingdom, without

any deduction or abatement whatsoever, by four equal quarterly

payments, the first quarterly payment thereof to be made at the

expiration of three calendar months next after my decease,

And do and shall stand possessed of the residue and surplus of

the said rents, issues and profits (if any shall remain after

making thereout the payments aforesaid), and from time to time

lay out and invest the same in the Public funds or in Government

securities at compound interest during the life of my said Wife,

and I direct that the said moneys and dividends shall sink into

and form part of the residue of my estate and effects

hereinafter disposed of.

And from the decease of my said Wife I give and bequeath my two

leasehold messuages or tenements situate and being in Friendly

Place, and three situate in Brook Street, Ratcliff, and four

Twenty five pound shares in the Commercial Gas Light Company,

Upon the trusts for the benefit of my daughter Elizabeth, the

Wife of the said Samuel William Davis, and her children, as is

hereinafter more particularly mentioned, subject to the payment

of the ground rent, and to the performance of the covenants

contained in the respective Indentures of Leases under which the

said premises are held by me.

I hereby further give and bequeath unto my daughter Elizabeth

the sum of Fifty pounds sterling, to be paid to her as soon as

conveniently can be after my decease,

And whereas I do hereby give and bequeath unto my said daughter

Elizabeth and my daughter Ann, the widow of Benjamin Foster, the

sum of One hundred pounds Three per cent Consolidated Bank

annuities and standing in my name in the Books of the Governor

and Company of the Bank of England, to be equally divided

between them and for their own use and benefit absolutely,

And as to the remaining four messuages in Friendly Place East

aforesaid, and numbered respectively 1, 2, 6 and 7, with their

appurtenances, from and after the decease of my said Wife, I

give and bequeath the same, and every part thereof,

Upon such trusts for the benefit of my said daughter Ann, the

widow of Benjamin Foster deceased, and her Children, as

hereinafter is also more particularly mentioned, subject to the

same liability to the payment of the ground rent and performance

of the Covenants as lastly hereinbefore mentioned, and also

subject to the payment of the sum of Two pounds per annum in

respect of the premises numbers 1 and 2 lastly mentioned unto my

son Thomas Hemingway, and also four twenty five pounds shares in

the Commercial Gas Light Company.

I hereby further give and bequeath unto my said daughter Ann

the sum of Fifty pounds sterling, to be paid to her as soon as

conveniently can be after my decease.

And as to the said messuage or tenement in Totten Street, and

the said messuage or tenement in Stanfield Street aforesaid,

from and after the decease of my said Wife I give and bequeath

the same respectively on such trusts for the benefit of my

daughter Susan Hemingway and her children as hereinafter is also

more particularly mentioned, subject to the payment of the

ground rent, and to the performance of the Covenants contained

in the Leases under which I hold the same.

And I also bequeath, for the benefit of my said daughter Susan

and her children in like manner, Sixteen twenty five pounds

shares in the aforesaid Commercial Gas Light Company in case I

have that number at the time of my death, and if not, as many

under that number as I shall have, and in case none or less than

sixteen, then I direct my Trustees to purchase and make up that

number with moneys out of my general personal estate.

I also bequeath unto my said daughter Susan the silver Tea pot

and Stand, a Cream Jug and small Castors.

And I give and bequeath unto the said Thomas Hemingway my Son

and William Davis their executors, administrators and assigns,

All that my leasehold Public House called or known by the sign

of the Bank of Friendship, situate in Bancrofts Place, Mile End

Road aforesaid, now on lease to Messieurs Charrington and

Company, Brewers, for the term of twenty one years from the

twenty fourth day of June one thousand eight hundred and forty

one, at the present yearly rent of one hundred pounds,

To hold the same, with the appurtenances, unto the said Thomas

Hemingway and Samuel William Davis, their executors,

administrators and assigns,

Upon trust that they do and shall receive the said rent of One

hundred pounds yearly and every year during the said term, and

to pay thereout the ground rent of Twenty pounds per annum

reserved by the Lease under which I hold the said premises, and

as to the remaining Eighty pounds, upon further trusts to pay to

or apply the same for the benefit of my said son Thomas

Hemingway,

And at the expiration of the said Lease I give and bequeath the

said lastly hereinbefore described premises, with the

appurtenances, unto my said son Thomas Hemingway,

To hold the same for the residue of the term of years which

shall be then to come therein by the Indenture of Lease granted

under which the said premises are held by me, to and for his own

use and benefit, subject to the payment of the ground rent and

to the performance of the Covenants in the said Lease contained.

And from and after the decease of my said Wife, I give and

devise my freehold messuage or tenement and hereditament in

Caroline Street aforesaid to my son Henry Hemingway, now at Port

Philip, Australia, his heirs and assigns for ever.

I also give and bequeath unto my said son Henry Hemingway five

twenty five pound Shares and one part of another share in the

Commercial Gas Light Company's Works.

And I also give and bequeath unto my said son Henry Hemingway

the sum of Two hundred pounds now standing in my name in the

Three per cent Consols, for his own use and benefit,

But in case my said son should die in my lifetime, or should

not be heard of for the space of two years after my decease,

then I direct that the said sum of Two hundred pounds shall be

equally divided among my four other children, or to the survivor

or survivors of them,

And I give and bequeath the portraits of myself and my said

Wife unto my said son Thomas Hemingway, his executors,

administrators and assigns absolutely,

And I direct that my said Wife shall be allowed during the term

of her natural life to have the free use of all my household

furniture, plate, watches, trinkets, linen, china, glass,

pictures, books and other effects which shall be in and upon my

dwellinghouse and premises or elsewhere at the time of my

decease,

And from and after her decease I direct that the said household

furniture, plate, watches, trinkets, linen, china, glass,

pictures, books and other effects be equally divided between

each of my said Children living at the time of my decease.

I give and bequeath unto my son in law the said Samuel William

Davis a legacy or sum of Ten pounds.

And as to all The rest, residue and remainder of my real and

personal estate, of what nature or kind, or wheresoever situate,

and whether in possession, reversion, remainder, expectancy or

contingency, or over which I have any disposing power, and not

hereinbefore specifically disposed of, I give, devise and

bequeath the same unto the said Thomas Hemingway and Samuel

William Davis, their heirs, executors, administrators and

assigns, according to the nature and quality thereof,

Upon trust to sell and dispose of such parts of the same as are

in their nature saleable, either by Public auction or private

Contract, and at such times or time, and subject to such

conditions, and in such manner generally, as the trustees or

trustee for the time being of this my Will may think expedient,

and to convert into money all such part or parts of my said

estate and effects as shall not consist of money, and to call in

and collect all my moneys, my intention being that there shall

be a thorough conversion of all my residuary real and personal

estate,

And I direct my Trustees to stand possessed of the moneys

arising from the general conversion of my real and personal

estates hereinbefore directed,

Upon trust for all and every of my children that may be living

at the time of my decease, and the issue of such of my said

Children as shall then be dead, such issue to take the share or

shares only which their respective parents would have taken if

living,

And the shares of my daughters or their issue to be held upon

the same respective trusts as are hereinafter declared, in equal

shares and proportions as to the gifts hereinbefore given for

the benefit of each of the respective daughters of mine.

I direct my trustees to receive the yearly and other rents or

interest arising therefrom, and to pay the same into her proper

hands, or to such person or persons as she shall by a note in

writing under her hand, from time to time, after the same shall

become due and payable, and not by way of anticipation, appoint

to receive the same during the term of her natural life, so that

the said yearly and other rent or annual produce thereof may be

enjoyed by her for her separate use, independently of her

present or any future husband with whom she may intermarry,

And that so that the same may not be subject to the debts,

contracts or engagements of her present or any future husband,

And I declare that the receipts of herself or her appointees

shall alone be sufficient discharges for the same yearly and

other rents and annual produce to the person or persons paying

the same or any part thereof,

And after her decease, to stand possessed of her principal

share and the future rents and produce thereof,

In trust for all and every her children and child who shall,

either before or after her decease, attain the age of twenty one

years, in equal shares and proportions,

And in case there shall not be any children or child of any one

or more of my said daughters who shall live to acquire under the

trusts aforesaid an absolute indefeasible interest in her, his

or their parent's share, then I direct that the share or shares

the trusts of which shall so fail or determine by the means

aforesaid shall, after such failure or determination, and the

decease of the parent entitled for life to the same share or

shares, be equally divided between all and every my other

children living at the time of the failure of the same trusts,

and the issue of such of my children as shall have died before

the same period leaving issue, (such issue only taking as

representing their deceased parents),

And such accruing interests shall as regards my said daughters

and their children be settled and be subject to the same trusts,

and be engaged in the same manner, as is hereinbefore declared

concerning the respective original shares of my said daughters

and their respective children.

And I empower my said trustees to apply all or any part of the

yearly income, to which under any of the trusts aforesaid any

infant legatee shall be entitled, towards the maintenance and

education or otherwise for the benefit of such legatee during

his or her minority, or at the option of my trustees, to pay the

same into the hands of the Guardian of such legatee, but for the

application whereof by such guardian my trustees shall not be

responsible.

And I further declare that the receipt or receipts to be given,

by the Trustees or Trustee for the time being of this my Will,

to any person or persons who shall become the purchaser or

purchasers of any of my personal estate, or for any other moneys

which shall become payable and paid to my said Trustees and

Trustee, shall be a sufficient discharge or discharges for so

much money as in such receipt or receipts shall be expressed to

be received,

And that after taking such receipt or receipts the person or

persons shall not be obliged to see to the application, or be

answerable or accountable for the misapplication or

nonapplication of the same money or any part thereof,

And I further declare that in case the said Thomas Hemingway

and Samuel William Davis, or either of them, or any trustee or

trustees to be appointed in their place, or in the place of

either of them, as hereinafter mentioned, shall die, disclaim or

be and remain out of the United Kingdom for more than twelve

calendar months continually, or be unwilling or unable to act in

the aforesaid trusts before the trusts shall be fully executed

and performed,

Then, and so often as the same shall happen, it shall be lawful

for my said Wife during her life, and after her decease for the

surviving or continuing Trustee for the time being of this my

Will not having remained out of the United Kingdom as aforesaid,

or for the proving executors or executor, or the administrators

or administrator of the last surviving or last acting trustee,

to nominate any fit person or persons to supply the place or

places of the Trustees or Trustee respectively so dying,

disclaiming or being and remaining out of the United Kingdom, or

being unable or unwilling to act as aforesaid,

And that every such new trustee or trustees shall be competent

to exercise all the powers and authorities whatsoever

hereinbefore contained, in the same manner to all intents and

purposes, as if he or they had been appointed a trustee or

trustees by this my Will.

And I also declare that the trustee hereby appointed, and also

the trustees to be appointed by virtue of the provision lastly

hereinbefore contained, severally and respectively, and their

several and respective heirs, executors and administrators,

shall be charged and chargeable with such sums only as the said

trustees respectively shall equally receive by virtue of the

trusts hereby reposed in them, notwithstanding their signing or

joining in signing any receipt or receipts, or doing any other

act for the sake of conformity,

And that they or any of them shall not be answerable or

accountable for any misfortune, loss or damage which may happen

in the execution of the aforesaid trusts, or in relation

thereto, except the same shall happen by or through his or their

own wilful act, neglect or default, and in that case each person

alone shall be answerable for such loss or damage as shall arise

from his own act, neglect or default,

And that it shall be lawful for the trustees hereby named, and

such future trustee or trustees to be appointed as aforesaid,

severally and respectively, and their several and respective

heirs, executors and administrators, by and out of the moneys

which shall come to their hands by virtue of the trusts

aforesaid, to deduct, retain and reimburse for themselves

respectively, and also to allow to each other, all costs,

charges, damages or expences, and fees to Counsel for advice

which he or any of them may sustain, disburse or incur in or

about the execution of the aforesaid trusts, or in relation

thereto.

And I appoint my said son Thomas Hemingway and the said Samuel

William Davis Executors of this my Will, hereby revoking all

other Wills by me at any time heretofore made.

In witness whereof I, the said Thomas Hemingway the Elder,

have, at the bottom of each sheet of this my Will (the whole

whereof is contained in eleven sheets of Paper), subscribed my

name, the sixth day of September in the year of our Lord one

thousand eight hundred and fifty five.

Thomas Hemingway

Signed by the said Thomas Hemingway as his last Will and

Testament, in the presence of us, present at the same time, who,

at his request, in his presence, and in the presence of each

other, have subscribed our names as witnesses.

Thomas Shipman

G. E. Atkinson

Clerks to Mr Jos'h Kinder, Solicitor, Gould Square, Crutched

Friars.

Proved at London 5th of March 1856 before The Worshipful Samuel

Fowkes Wambey, Doctor of Laws, Surrogate, by the oath of Thomas

Hemingway, the son, and Samuel William Davis, the Ex[ecut]ors,

To whom adm[inistrati]on was granted, having been first sworn

duly to administer.