Probate of the will and two codicils of
Robert Hesketh Esquire Deceased
dated 14 July 1868
Extracted by Hargrove Fowler & Blunt. Solicitors, 3 Victoria Street, Westminster.
This is the last Will and Testament of me Robert Hesketh of Peartree
House near Southampton Esquire. I give to my wife Georgina
Hesketh all the consumble stores in and about my house at the time of
my decease and direct the trustees or trustee for the time being of
my Will to allow my said wife to have the free use of all my
household goods furniture and effects, plate, linen, china, glass and
books belonging to me at the time of my decease so long as she shall
continue unmarried and desires to use the same and desire and
bequeath all my real and personal estate and whatsoever and
whensoever (except estates vested in me upon any trust or by way of
mortgage) subject as to my household goods furniture and effects,
plate, linen, china, glass and the books to the direction
hereinbefore contained unto John Henry Plowes 39 &ldots; Terrace
Regents Park, London Merchant, my son William Crosbie Hesketh a
Lieutenant in the Royal Marine Artillery and my wife Georgiana
Hesketh and their heirs executors administrators attending to the
nature thereof respectively upon trust thereof as to such
portions of my estate as shall consist of securities for money to
allow the same or any of them to remain in their actual state of
investment or to call in and convert the same when and as the said
trustees shall think proper and as to all other proportions of my
estate not consisting of money upon trust to sell and convert and get
in the same when and as the said Trustees in their direction shall
think proper and upon trust by and out of the monies to arise from my
said real and personal estate to pay my funeral and testamentary
expenses and debts and to reinvest the residue of the monies which
shall from time to time be in their hands upon trust of my Will in
the names or name of the said Trustees or Trustee for the time being
or my will in or upon any of the Dublin Stocks or funds of Great
Britain or of interest upon Government or real Securities in England
or Wales or upon the Bonds Mortgages or Debentures upon any Railway
Company in the United Kingdom or of the Liverpool Corporation, the
Mersey Stocks and Harbour Board, the Liverpool Exchange Company or of
any Corporate Body in England with power to vary the said investments
from time to time at their discretion and upon trust to pay the
interest dividends and annual income of all the said trust monies
funds and securities to my said wife during her life so long as she
should remain unmarried she maintaining and clothing thereout such of
my daughters as shall for the time being be single and completing the
oduration of such of my sons and daughters whose oduration shall not
have been completed at my death and also maintaining as far as may be
requisite such of my sons as shall for the time being be under the
age of twenty one years during their respective minorities and after
the death or marriage again of my said wife whichever shall happen
first and singular the said trust monies fund stocks securities
premises shall be and bequeathed the same upon the trusts following
that is to say as to five eighth parts thereof in trust for my
daughters or daughter living at the death or second marriage of my
said wife who shall not have been married and who shall then have
attained or who afterwards shall attain the age of twenty one years
if more than one in equal shares and as to the other three eighth
parts thereof in trust for my sons or son living at the death or
second marriage of my said wife who shall then have attained or shall
afterwards attain the age of twenty one years and the issue then
living of any son of mine who may be then dead in equal shares if
more than one but so that the issue of any deceased son shall take
only the share which his parent would have been entitled to if then
living such issue if more than one to take as between themselves in
equal shares I declare that pending a sale of any part of my trust
property, the income arising, therefrom shall be applied in the
manner in which the income arising from the money to be produced by a
sale thereof would be applicable if the same had been sold provided
always that my said Trustees may at their discretion after the death
or marriage again of my said wife or in her life time with her
consent in writing raise any part or parts not exceeding in the whole
one half of the then expectant or presumptive or vested share of any
Child under the trusts hereinbefore declared and pay or apply the
same for his or her preferment advancement or benefit in life.
And hereby declare that my said Trustees shall after the death or
marriage again of my said wife pay or apply the whole or such part as
they shall think fit of the interest dividends and annual income of
the share to which any Child shall for the time being be entitled in
expectancy under the trusts aforesaid for or towards his or her
maintenance aduration and may wither themselves so pay or apply the
same or may pay the same to the Guardian or Guardians of such Child
for the purpose aforesaid without seeing to the application thereof
. And may during such suspense of absolute vesting as aforesaid
accumulate all the residue if any of the same interest dividends and
income in the way of compound interest by investing the same and the
resulting income thereof in or upon any such stocks funds or
securities as all herein before mentioned for the benefit of the
person or persons who under the trusts herein contained shall become
entitled to the principle fund from which the same respectively shall
have proceeded with power for my said Trustees to resort to the
accumulations of any preceding year or years and to apply the same
for or towards the maintenance or aduration of the Child for the time
being presumptively entitled to the same and appoint my said Trustees
Guardians of my Infant Children and also Executors of my last Will
and give devise and bequeath all estates which at my death shall be
vested in me upon any trusts or by way of mortgage and of which I
shall at my death have power to dispose unto my Executors their heir
Executors and administrators respectively according to the nature
there of respectively upon the Trusts and subject to the equity of
redemption which at my death shall be subsisting or capable of taking
effect therein respectively but the money secured on such mortgages
shall be taken as part of my personal estate. And I hereby
declare that the receipt of my said Trustees for the purchase monies
of any property hereby directed or authorised to be sold and for any
other monies which may be paid or for any stocks funds or securities
which may be transferred to them under or by virtue this my will or
in the due execution of the trusts or powers thereof shall
effectually discharge the person or persons paying or transferring
the same therefrom and from being bound to see to the application or
being responsible for the loss or misapplication thereof and I
declare that on the death refusal or incapacity of my said Trustees
or any of them or any Trustees or Trustee to be appointed under this
clause it shall be lawful for the surviving or continuing Trustees or
Trustee for the time being of my will whether refusing to act or not
or if &ldots; for the executors or administrators or either or any of
them of the last deceased Trustee to appoint a fit person or persons
to supply the place of the deceased refusing or incapacitated
Trustees or Trustee. And I declare that the previous clauses so
far as they concern my Trustees hereinbefore named shall extend and
be applied to the Trustees and Trustee for the time being of my
Will. In Witness whereof I the said Robert Hesketh have
hereunder set my hand this twelfth day of May One Thousand Eight
Hundred and Sixty.
Signed and Acknowledged by the said Robert Hesketh the Testator as his will 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 hereunto subscribed our names as Witnesses
AF Squary. Sol. Liverpool.
J Pearson. Sol. Liverpool.
I the undersigned Robert Hesketh hereby declare that I make the
following alteration in the above my last Will namely I appoint as
one of my executors the Reverend Thomas Lewis Owen Davies now
incumbent of Jesus Chapel Saint Mary's Ex. wishing him to act as such
with John Henry Plowes and my dear Wife Georgiana Hesketh as set
forth in above Will hereby revoking the appointment of my son William
Crosbie Hesketh. In Witness whereof I hereunder set my hand in
Southampton this first day of July One Thousand Eight Hundred and
Signed by the said Robert Hesketh as an alteration in the Executorship to his will 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 hereunto subscribed our names as witnesses
Rob. C Hankinson.
I the undersigned Robert Hesketh hereby declare that I make the
following alteration in the foregoing my last Will namely I revoke
the appointment of the Reverend Thomas Owen Lewis Davies there in
mentioned and I hereby name and appoint as Executors in his stead my
two sons George Hesketh and Henry John Hesketh both Lieutenants in
the Royal Navy to be by Executors in conjunction with John Henry
Plowes and my Wife Georgiana. In Witness whereof I hereunto set
my signature this third day of July One Thousand Eight Hundred and
Signed and acknowledged as an alteration in the Executorship in this the last will of Robert Hesketh before us both present at the time and who at his request and in his presence and in the presence of each other have hereunto subscribed our names at Southampton.
WR Pearce. Banker. Southampton.
Robt. C Hankinson. Banker. Southampton.
The Principle Registry.
In Her Majesty's Court of Probate.
Be it known, that on the fourteenth day of July 1868, the last will
and testament with two codicils, here unto annexed, of Robert Hesketh
formerly of Pear Tree House near Southampton in the County of
Southampton, but late of No 22 Carlton Cresent, Southampton aforesaid
Esquire deceased, who died on the twenty fourth day of May 1868 at No
30 Weymouth Street, Portland Place, Saint Marylebone in the County of
Middlesex, was proved and recorded in the Principle Registry of Her
Majesty's Court of Probate, and that administration of all and
singular the personal estate and effects of the said deceased was
granted by the aforesaid court to Georgiana Hesketh widow of he
Relict of the said Deceased one of the Executors named in the said
Will and second Codicil, she having been first sworn well and
faithfully to administer the same, by paying the just debts of the
deceased and the legacies contained in his Will and Codicils and to
exhibit a true account thereof whenever required by law do to
do. John Henry Plowes the second executor named in the said
Will and the other of the executors named in the second Codicil
having renounce the Probate and Execution of the said Will and
Codicils. Power reserved of making the like grants to George
Hesketh and Henry John Hesketh the sons of the said Deceased the
other Executors named in the said second Codicil.
Extracted by Hargrove and Co Solicitors Victoria Street Westminster.
Effects under four thousand Pounds.
In Her Majesty's Court of Probate.
The Priciple Registry.
In the Goods of Robert Hesketh, deceased.
I Robert Chatfield Hankinson of Southampton in the County of Ssants Banker in afir oath that I am one of the subscribing Witnesses to the second Codicil to the last Will and Testament of Robert Hesketh late of Southampton in the County of Hants deceased now &ldots; account annexed bearing date the third day of July one thousand eight hundred and sixty seven and that the said Testator executed the said a Codicil on the day of the date thereof by signing his name at the foot or end thereof as the same now appears thereon in the presence of me and Henry Stanley Robert Pearce the other subscribing Witness thereto both of us being present at the same time and we thereupon attested and subscribed the said Codicil in the presence of the presence of the said Testator Robert C Hankinson. Sworn at the Town and County of Southampton this eighteenth day of July 1868 before me E Harrison a Commissioner to administer Oaths in Chancery in England.
On the outside of the will are notes regarding share holdings in various companies. These are all difficult to read but appear to be as follows:
St Chico Silver Mining & Production Company.
Anglo Argentine Company.
The Indian Tea Company of Cachas.
Llanberis Slate Company.
The General Credit Discount Company.
Sagunco Silver Mining Company.
Don Pedro North del Reg Gold Mining Company.
Anglo Brazilian Gold Company.
Rossa Grand Gold Mining Company.
Anglo Italian Mining Company.
Las Vicente Mining Company
The above information is all transcribed from a large parchment document consisting of four pages all sown together.