This is the last Will and Testament of me Richard Sparkes of Stoke next Guildford in the County of Surrey Esquire In the first place I will that all my just debts shall be paid and that my Funeral shall be at the direction of my dear Wife and that six Poor Men to be named by her as Bearers shall have each a Suit of Clothes and that all my Servants shall have mourning and that all the expense of my funeral of redeeming any Heriots that may be payable on my decease to the Lords or Ladies of any manors of whom I may hold any messuages lands or hereditaments the expense of rings and mourning and of erecting a Tablet or monument to my memory in Bramley Church be paid out of the residue of my Personal Estate I give and desire my Executor hereinafter named to appropriate and dispose of in such manner as he shall think proper and deem most expedient to or for the use and benefit of the Poor of the several Parishes or places of Stoke next Guildford Bramley and the blessed Virgin Mary in Guildford all in the said County of Surrey of the sum of One hundred pounds within each of the said Parishes or places and within twelve Calendar months next after my decease And I hereby ratify and confirm the Settlement which I have made on my beloved Wife Francis Also I give and bequeath to my said Wife the sum of One thousand pounds to be paid to her within one Calendar month next after my decease And the further sum of One thousand pounds to be paid to her at the end of six Calendar months next after my decease but in case my said Wife shall die in my lifetime then I give and bequeath unto her niece Emma the Wife of Peter Davey of Camberwell in the County of Surrey Esquire the sum of Five hundred pounds and to her Nieces Jesse Pace and Ellen Pace daughters of her Brother the Reverend William Pace the sum of five hundred pounds equally to be divided between them the said Jesse Pace and Ellen Pace share and share alike Also I give to her my said dear Wife four hundred and twenty pounds stock in the new three and an half Per Cent Annuities now standing in our joint names and of my Nephew Mr William Sparkes in the Books of the Governor and Company of the Bank of England and the further sum of One hundred pounds stock in the said new three and an half Per Cent Annuities belonging to me and now standing in the name of my said Nephew William Sparkes in the said books Also I give to my said dear Wife the further sum of One hundred pounds Capital stock in the three per Cent Consolidated Bank Annuities in return for One hundred pounds stock which I received from her relation Mr Budd of Alton Also I give to my said dear Wife the further sum of One hundred and twenty five pounds being the amount of a legacy bequeathed to her by the late Mr George Barrett Also I give to my said Wife all my household Goods and Furniture Plate Linen China Books Wines and liquors of all sorts Casks and Bottles Carriages Horses Harness Stable Furniture and Cows which I may have in and about my Dwellinghouse and Premises in Stoke aforesaid and on any land that may be in my occupation at the time of my decease And whereas Mr John Napper my Wife's Grandfather by his Will gave to me and her five hundred pounds but directed that after the decease of the survivor of us and in case my said Wife should die without issue the same should go to her Brother or her Brothers ffamily And I have received the said ffive hundred pounds and I have received one hundred pounds part of the Personal effects of the said Mr Napper under and by virtue of his said Will Now I do hereby will and direct that my said Wife shall receive the interest of the said five hundred pounds and One hundred pounds from the time of my decease during her life and that my Executor shall pay out of the residue of my Personal Estate the said sums of ffive hundred pounds and One hundred pounds after the decease of the survivor of me and my said Wife to such person or persons as shall be entitled to the said sum of five hundred pounds under the Will of the said John Napper Also I give and devise to my said Wife for her natural life All that my Mansion House with the Buildings garden Ground and Appurtenances adjoining and belonging thereto which I purchased of Mrs Manssal and Mr Thompson or one of them situate in Stoke next Guildford aforesaid wherein I now dwell and the field in the same Parish which I purchased of the Reverend Walter Harper (she not cutting down any trees there growing) and also the ffield or close of land called Waterden situate lying and being in the said parish of Stoke next Guildford which I purchased of and from the Devisees in trust and Executors of the late Mr John ffrench Also I give and bequeath to my friends John Peyto Shrubb of Guildford aforesaid Esquire William Newland of the same place Esquire and John King of Loxwood in the County of Sussex Esquire twenty thousand pounds stock in the three and an half per cent reduced Annuities ten thousand pounds stock in the new three and an half per cent Annuities and three thousand pounds Bank stock Upon the trusts and for the purposes hereinafter mentioned containing the same (that is to say) Upon trust that they the said John Peyto Shrubb William Newland and John King and the survivors and survivor of them and the executors admors and assigns of such survivor do and shall pay to or otherwise permit and suffer my said dear Wife to receive the Dividends Interest and annual proceeds thereof respectively as the same shall become due for the term of her natural life in augmentation of the provision made for her by my marriage Settlement but as my Settlement on my said Wife is not made in bar of her dower and thirds I do declare and will that unless my said Wife shall within three Calendar months next after my decease at the request and at the costs of my Executor execute a good and sufficient release of all such dower and thirds as she might by Law claim out of all and every my real and Personal Estates and Effects then the bequest of the Dividends interest and annual proceeds of the said twenty thousand pounds stock in the three and an half per cent reduced Annuities ten thousand pounds stock in the new three and an half per cent Annuities and three thousand pounds Bank Stock shall on such refusal be void And in that case the said several stocks shall on such refusal be paid and applied in manner hereinafter directed concerning the same on her decease And I do hereby give devise and bequeath unto my said dear Wife Frances and her assigns for and during the term of her natural life one annuity or clear yearly rent or sum of four hundred pounds of lawful money of the United Kingdom of Great Britain and Ireland of English value and Currency free and clear of and form all Taxes and deductions whatsoever Parliamentary or others the said annuity to be chargeable and charged on and issuing and payable out of all and every my freehold and copyhold messuages farms lands tenements hereditaments and real estate situate lying and being in the several Parishes of Elstead Shere and Worplesdon in the said County of Surrey hereinafter given and devised to my nephew William Sparkes and to be paid and payable by him the said William Sparkes his heirs or assigns by four even and equal quarterly payments (that is to say) on the ffeast days of the Annunciation of the Blessed Virgin Mary the nativity of Saint John the Baptist Saint Michael the Archangel and the Birth of our Lord Christ in every year the first payment thereof to begin and be made on such of the same ffeasts as shall first and next happen after my decease And I do hereby charge and subject all and every my said freehold and Copyhold messuages farms lands tenements hereditaments and real estate situate lying and being in the said several parishes of Elstead Shere and Worplesdon to and with the payment of the said Annuity yearly rent or sum of ffour hundred pounds accordingly And it is my Will and desire that in case the said Annuity or yearly rent or sum of four hundred pounds or any part thereof shall at any time during the life of my said Wife be behind or unpaid by the space of twenty days next over or after any or either of the aforesaid feasts or days of payment whereon the same is hereinbefore directed to be paid as aforesaid being lawfully demanded that then and so often it shall and may be lawful to and for my said Wife and her assigns to enter upon the said messuages farms lands tenements hereditaments and real estate hereby charged with the said Annuity as aforesaid or any part or parts thereof and to distrain for the same Annuity or for so much thereof as shall be in arrear and the distress & distresses then and there found to detain and keep until she shall be fully paid and satisfied all such arrears of the said Annuity with costs and charges in and about the making and keeping the said distress for the same and in case the said annuity or any part thereof shall be behind & unpaid for the space of forty days next after any of the said days of payment whereon the same ought to be paid as aforesaid that then and so often it shall and may be lawful for my said Wife and her assigns to enter into and enjoy all and singular the hereditaments and premises hereby charged with the said annuity as aforesaid or any part or parts thereof and to receive & take the rents issues and profits thereof to and for her and their own use and benefit until she or they shall be therewith and thereby paid and satisfied or until the person or persons who shall be then entitled to immediate possession of the said hereditaments and premises shall pay satisfy and discharge unto my said Wife All the arrears of the said Annuity and every part thereof incurred before and that shall incur during such time as she shall receive the rents issues and profits thereof or be entitled to receive the same by virtue of such entry to be made as aforesaid together with all her costs damages and expenses whatsoever to be laid out and sustained by reason of the nonpayment thereof or for any part thereof Also I give to my friend Thomas Jackson of Camberwell esquire Nineteen Guineas and to my friend John Masters Esquire ten Guineas the last mentioned pecuniary legacies to be paid within three Calendar months next after my decease Also I give to my Nephew Edward London the sum of two hundred pounds to be paid to him within three Calendar months next after my decease Also I give one hundred pounds apiece to my said trustees John Peyto Shrubb William Newland and John King these legacies to the said John Peyto Shrubb William Newland and John King to be paid within one Calendar month next after my decease clear of Stamp & Legacy Duty Also I give to Mr Anthony Lee of Guildford Draper the sum of five hundred pounds as a mark of the great esteem I have for him to be paid within three Calendar months next after my decease Also I give to my late Servant John Puck of Chichester in the County of Sussex Laborer One hundred pounds Also I give to my old & faithful Servant and Cook Mary Chandler an Annuity of forty pounds a year during her natural life the same to be paid half yearly the first payment thereof to be made at the end of six Calendar months next after my decease and a proportionable part of the said Annuity paid up to her decease And I direct that a sufficient quantity of stock be set apart for that purpose Also I give to my late Servant Sarah the Wife of ________ Jeffreys (late Sarah Mansell Spinster) nineteen Guineas And I direct that the husband of the said Sarah Jeffreys shall have nothing to do with the said legacy but that the same shall be paid into her hands and her receipt alone shall be a sufficient discharge to my Executor Also I give to my late Servant Joseph Heath nineteen Guineas Also I give to my late Servant William Goodman nineteen Guineas Also I give to William Goodman the Younger Son of the said William Goodman nineteen Guineas Also I give to my late Servant Susannah the Wife of George Ellis of Guildford Cordwainer nineteen Guineas Also I give to my Tenant William Grover of Elstead nineteen Guineas Also I give to my footman William Stevens (if living with me at the time of my decease) nineteen Guineas Also I give to my Coachman James Steere (if living with me at the time of my decease) nineteen Guineas and Also I give to my servant Elizabeth Woodham (if living with me at the time of my decease) forty pounds And I direct the legacy to Mr Anthony Lee and those to my late and present Servants whether in money or annuity to be paid clear of legacy and Stamp Duty And subject to and after making good the provision so made for my said Wife as aforesaid and payment of the legacies and annuities hereinbefore given by me I give the legacies following(that is to say) I give the sum of five thousand and five hundred pounds sterling equally between and amongst all the Children of my late Nephew Richard Balchin late of Westcott ffarm near Dorking in Surrey who shall be living at the time of my decease and the issue of such of them as shall be then dead leaving lawful issue equally to be divided between them but so that the issue of any deceased Child shall not be entitled to any other or greater share than his her or their Parent or respective Parents would have been entitled to if then living and the interest of each share to be applied to the maintenance or education of the party until of the age of twenty one years but the share or shares of a Daughter or Daughters to be paid on marriage if with consent of the Parent or Guardian Also I give to the said John Peyto Shrubb William Newland and John King the sum of four thousand pounds sterling to be vested in the Public funds in their names and to pay to or permit my Nephew Edward London to receive the dividends and annual proceeds thereof during his natural life and after his decease to transfer the stock so purchased to all and every the Children or Child of the said Edward London who shall be living at the time of his decease and the issue of such of them as shall be then dead leaving lawful issue living at the time of his decease equally to be divided between them but so that the issue of any deceased Child shall not be entitled to any other or greater share of the said trust monies than his her or their Parent or respective Parents would have been entitled to under the trusts aforesaid if then living the share of a Son or Sons to be paid at the age of twenty one years and of a Daughter or Daughters at that age or marriage which shall first happen And if there shall be no Children or Child or issue of Children or Child of the said Edward London living at the time of his decease Upon trust to transfer the same stock to his Sisters Mary the Wife of William Elkins and Ann the Wife of Nathaniel Clarkson equally between then one moiety to each Also I give to the said John Peyto Shrubb William Newland & John King the further sum of four thousand pounds sterling to be vested in the Public Funds in their names and to pay to or permit my Niece Mary the Wife of the said William Elkins to receive the Dividends and annual proceeds thereof during her natural life for her sole use and after her decease to pay to or permit the said William Elkins to receive the dividends and annual proceeds thereof for his natural life and after the decease of the survivor of them the said Mary Elkins and William Elkins to transfer the stock so purchased with the said last mentioned four thousand pounds to all & every the Children or Child of the said Mary Elkins who shall be living at the time of the decease of the survivor of them the said Mary Elkins and William Elkins and the issue of such of them as shall be then dead leaving lawful issue living at the time of the decease of the survivor of them the said Mary Elkins and William Elkins equally to be divided between them but so that the issue of any deceased Child shall not be entitled to any other or greater share of the said trust monies than his her or their parent or respective parents would have been entitled to under the trust aforesaid if then living the share of a Son or Sons to be paid at the age of twenty one years and of a Daughter or Daughters at that age or marriage which shall first happen And if there shall be no Children or Child or issue of Children or Child of the said Mary Elkins living at the time of the decease of the survivor of them the said Mary Elkins and William Elkins Upon trust to transfer the same last mentioned stock to the said Edward London and Ann the Wife of the said Nathaniel Clarkson equally between them one moiety to each Also I give to the said John Peyto Shrubb William Newland & John King the further sum of four thousand pounds sterling to be vested in the Public funds in their names and to pay to or permit my Niece Ann the Wife of the said Nathaniel Clarkson to receive the dividends and annual proceeds thereof for his natural life And after the decease of the survivor of them the said Ann Clarkson and Nathaniel Clarkson to transfer the stock so purchased with the said last mentioned four thousand pounds to Ellen the Wife of William Cox and Daughter of the said Ann Clarkson if she the said Ellen Cox shall be then living but if she shall be then dead then upon trust to pay to or permit the said William Cox to receive the dividends and annual proceeds of the stock so purchased with the said last mentioned four thousand pounds for his natural life And after the decease of the said William Cox to transfer the said last mentioned stock to such Children or Child of the said Ellen Cox as shall be living at the time of the decease of the said William Cox equally between them if more than one and if but one then to such one at their respective ages of twenty one years or marriage being a daughter or daughters And if there shall be no Child of the said Ellen Cox then living Upon trust to transfer the same last mentioned stock to the said Edward London and Mary Elkins equally between them one moiety to each And if any of the Children or Child or issue of Children or Child of the said Edward London Mary Elkins and Ellen Cox shall be under the age of twenty one years when any of the stocks above mentioned shall come to them or any of them I Will that the Dividends and Annual proceeds of the Stock to which such Children or Child or issue shall be so entitled shall be applied to their respective maintenance and education til their respective ages of twenty one years or marriage being a daughter or daughters Also I give to my brother in law the Reverend William Pace Clerk one hundred pounds Also I give to my Wifes Nephew Edmund Pace fifty pounds and to her Niece Emma the Wife of the said Peter Davey one hundred pounds and to her Niece Jesse Pace one hundred pounds and to her Niece Ellen Pace one hundred pounds Also I give to my Niece and Goddaughter Mary the Wife of George Smallpeice five hundred pounds for her separate use and her receipt alone to be a discharge for the same Also I give to my Great Nephew and Godson Richard Balchin Son of my said Nephew Richard Balchin the sum of five hundred pounds over and above what he will be otherwise entitled to under this my Will Also I give to my Great Nephew John Sparkes Son of my late Nephew John Sparkes of Gosden fifty Guineas to buy him a Gold Watch Also I give to my said Great Nephew John Sparkes the further sum of two thousand pounds sterling to and for his own use and benefit to be paid to him at the end of six Calendar months next after my decease Also I give to the said John Peyto Shrubb William Newland and John King three thousand pounds sterling Upon trust to invest the same in the Public funds in their names and to pay to or permit my said Niece Mary the Wife of the said George Smallpeice to receive the Dividends and Annual proceeds thereof for her natural life independent of her Husband and her receipt to be discharges for the same and after her decease to pay to or permit the said George Smallpeice to receive the dividends and annual proceeds thereof for his natural life and after the decease of the survivor of them the said Mary Smallpeice and George Smallpeice then upon trust to transfer the stock so purchased with the said last mentioned three thousand pounds unto and equally between my Nephew Henry Sparkes and my niece Frances the Widow of the late Mr Oliver Hatch of Ely Place London equally between them a moiety to each for their own respective absolute use and benefit And I give to my said Niece the said Frances Hatch the further sum of four thousand pounds sterling Also I give to my Nephew John Smallpeice the sum of two thousand pounds sterling Also I give to my Nephew Job Smallpeice the sum of two thousand pounds sterling Also I give to my Niece Elizabeth Smallpeice Daughter of my late Sister Elizabeth Smallpeice the sum of one thousand pounds sterling Also I give to my Niece Mary Smallpeice Daughter of my late Sister Elizabeth Smallpeice the sum of one thousand pounds sterling Also I give to the Widow of my said late Nephew Richard Balchin three hundred pounds sterling and direct the same to be paid to her free of legacy duty Also I give to my said Great Niece Ellen the Wife of William Cox the sum of two hundred pounds (over and above what she will be otherwise entitled to under this my Will) independent of her Husband and her receipt alone to be a discharge for the same Also I give to my Great Nephew George Shurlock Smallpeice Son of my said Nephew John Smallpeice five hundred pounds sterling And also I give to my Nephew the said Henry Sparkes the sum of two thousand pounds sterling (over and besides what he will be otherwise entitled to under and by virtue of this my Will) Also I give to my Nephew George Smallpeice the sum of five hundred pounds for services rendered me (over & besides what he will be otherwise entitled to under and by virtue of this my Will) And I give & bequeath unto the said John Peyto Shrubb William Newland and John King and the survivors and survivor of them and the executors and admors of such survivor the sum of two hundred pounds long Annuities Upon trust for and for the benefit of my said Nieces Elizabeth Smallpeice and Mary Smallpeice during their joint natural lives equally to be divided between them and from and after the decease of one of them my said Nieces Upon trust for and for the benefit of the survivor of them my said Nieces during the term of her natural life and from and immediately after the decease of the survivor of them my said Nieces Upon trust to transfer and assign the said sum of two hundred pounds long Annuities unto and equally between and amongst all the Children of my Nephews John Smallpeice and Job Smallpeice that shall be then living to and for their own respective use and benefit And my Will is that all the legacies which I have given by this my Will or which I shall give by any Codicil or Codicils thereto shall be paid at the end of six Calendar months next after my decease where I have not or shall not direct any other time for payment of the same but in case it shall be inconvenient to my Executor to pay the several legacies given by this my Will or which I shall give by any Codicil or Codicils thereto or any of them at the several and respective times herein and therein mentioned and directed for the payment thereof resply then it is my Will and I direct that it shall be lawful for him my said Executor to delay such payment for any time not exceeding one year after the same shall be directed to be paid by this my Will or any Codicil or Codicils thereto And in that case I direct interest after the rate of four pounds and ten shillings per Centum Per Annum to be paid on such legacies from the time they are directed to be paid to the day of payment thereof respectively And I direct that where I have given particular stock such stock shall be purchased in case there shall not be sufficient standing in my name in such stock to answer such legacies and I will that if any or either of my legatees shall die before me or before the said legacies shall respectively become payable leaving lawful issue such issue take the Parents Legacy equally between them if more than one and if but one then such one shall take it at their respective ages of twenty one years or marriage being a daughter or daughters with power to apply the interest & dividends of such respective shares to the maintenance and education of such being Infants And as to the twenty thousand pounds stock in the three and an half per cent reduced Annuities ten thousand pounds stock in the new three and an half per cent Annuities and three thousand pounds Bank stock after the decease of my said Wife I give & bequeath the same as follows I will that my said Wife shall have power by her will duly executed to give and dispose of three thousand pounds stock three and an half per Cent reduced Annuities part of the twenty thousand pounds stock three and an half per Cent reduced Annuities to any one or more of my Nephews and Nieces in such parts shares and proportions and to be paid and payable at such time or times and in such manner and form and subject to such restrictions as my said Wife shall by such Will give and dispose of the same And if she shall make no such disposition or as to so much of the said three thousand pounds stock three and an half per cent reduced Annuities as she shall not so dispose of I will and direct the same shall go and be considered as part of the residue of my Personal Estate And as to Six thousand pounds stock three and an half per Cent reduced Annuities other part of the said twenty thousand pounds stock three and an half per Cent reduced Annuities I give the same unto and amongstall the Children of my said late nephew Richard Balchin who shall be living attime of the decease of my said Wife and the issue of such of them as shall be then dead leaving lawful issue equally to be divided between them but so that the issue of any deceased Child shall not be entitled to any other or greater share than his her or their Parent or respective Parents would have been entitled to if then living and the interest of each share to be applied to the maintenance or education of the party until the age of twenty one years but the share or shares of a daughter or daughters to be paid on marriage if with consent of the Parent or Guardian And I direct my said trustees or trustee for the time being to transfer the same Six thousand pounds stock three and an half per cent reduced Annuities accordingly And as to One thousand one hundred pounds stock three and an half per cent reduced Annuities (other part of the said twenty thousand pounds stock three and an half per Cent reduced Annuities) One thousand pounds stock new three and an half per Cent Annuities (part of the said ten thousand pounds stock new three and an half per cent Annuities) and Three hundred pounds Bank Stock (part of the said three thousand pounds Bank Stock) I give the same to my said great nephew John Sparkes of Gosden for his own use and benefit and direct any said trustees or trustee for the time being to transfer the same to him And as to One thousand one hundred pounds stock three and an half per Cent reduced Annuities (other part of the said twenty thousand pounds stock three and an half per cent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities other part of the said Ten thousand pounds stock new three and an half per cent Annuities and three hundred pounds Bank stock (other part of the said thousand pounds Bank stock) I direct that my said trustees or trustee for the time being shall stand possessed of and interested therein Upon trust to pay to or permit my said niece Mary Wife of the said George Smallpeice to receive the dividends and annual proceeds thereof for her natural life (her receipts to be sufficient discharges) And after her decease to pay to or permit the said George Smallpeice to receive the dividends and annual proceeds thereof for his natural life And after the decease of the survivor of them the said Mary Smallpeice and George Smallpeice Upon trust for my said nephew Henry Sparkes and my said Niece Frances the Widow of the said Oliver Hatch equally between them and I direct my said trustees or trustee for the time being to transfer the same accordingly And as to One thousand one hundred pounds stock three and an half per Cent reduced Annuities (other part of the said twenty thousand pounds stock three and an half per cent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said Ten thousand pounds stock new three and an half per cent Annuities)& three hundred pounds Bank stock (other part of the said thousand pounds Bank stock)I give the same to my said Nephew Henry Sparkes and direct my said trustees or trustee for the time being to transfer the same to him for his own use and benefit And as to One thousand one hundred pounds stock three and an half per Cent reduced Annuities(other part of the said twenty thousand pounds stock three and an half per cent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said Ten thousand pounds new three and an half per cent Annuities) and three hundred pounds Bank stock (other part of the said three thousand pounds Bank stock) I give the same to my Niece Frances the Widow of the said Oliver Hatch and direct my said trustees or trustee for the time being to transfer the same to her for her own use and benefit And as to One thousand one hundred pounds stock three and an half per Cent reduced Annuities(other part of the said twenty thousand pounds stock three and an half per cent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said Ten thousand pounds new three and an half per cent Annuities) and three hundred pounds Bank stock (other part of the said three thousand pounds Bank stock) I give the same to my said Nephew George Smallpeice and direct my said trustees or trustee for the time being to transfer the same to him for his own use and benefit And as to One thousand one hundred pounds stock three and an half per Cent reduced Annuities(other part of the said twenty thousand pounds stock three and an half per cent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said Ten thousand pounds stock new three and an half per cent Annuities) and three hundred pounds Bank stock (other part of the said three thousand pounds Bank stock) I give the same to my said Nephew John Smallpeice and direct my said trustees or trustee for the time being to transfer the same to him for his own use and benefit And as to One thousand one hundred pounds stock three and an half per cent reduced Annuities (other part of the said twenty thousand pounds stock) three and an half percent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said ten thousand pounds stock new three and an half per cent Annuities) and three hundred pounds Bank stock (other part of the said three thousand pounds bank stock) I give the same to my said Nephew Job Smallpeice and direct my said trustees or trustee for the time being to transfer the same for his own use and benefit And as to One thousand one hundred pounds stock three and an half per cent reduced Annuities (other part of the said twenty thousand pounds stock three and an half percent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said ten thousand pounds stock new three and an half per cent Annuities) and three hundred pounds Bank stock (other part of the said three thousand pounds Bank stock) I direct that my said trustees or trustee for the time being shall stand possessed of and interested therein Upon trust for my said Nephew Edward London and his issue and in failure thereof for such persons and in like manner in all respects as I have hereinbefore directed concerning the four thousand pounds to be laid out in stock for his and their benefit And as to One thousand one hundred pounds stock three and an half per cent reduced Annuities (other part of the said twenty thousand pounds stock three and an half percent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part of the said ten thousand pounds stock new three and an half per cent Annuities) and three hundred pounds Bank stock (other part of the said three thousand pounds Bank stock) I direct that my said trustees or trustee for the time being shall stand possessed of and interested therein Upon trust for my said Niece Mary the Wife of William Elkins and the said William Elkins and the issue of the said Mary Elkins and in failure thereof for such persons and in like manner in all respects as I have hereinbefore directed concerning the four thousand pounds to be laid out in stock for her his and their benefit as if the trusts were here repeated And as to One thousand one hundred pounds stock three and an half per cent reduced Annuities (other part and residue of the said twenty thousand pounds stock three and an half per cent reduced Annuities) One thousand pounds stock new three and an half per cent Annuities (other part and residue of the said ten thousand pounds stock new three and an half per cent Annuities) and Three hundred pounds Bank stock (other part and residue of the said three thousand pounds Bank stock) I direct that my said trustees or trustee for the time being shall stand possessed of and interested therein Upon trust for my said Niece Ann the Wife of the said Nathaniel Clarkson and the said Nathaniel Clarkson and Ellen Cox their Daughter and in case of her death during the life of the survivor of the said Ann and Nathaniel Clarkson then for such persons and in such manner as I have hereinbefore directed concerning the four thousand pounds to be laid out in stock for the benefit of the said Ann and Nathaniel Clarkson and their said Daughter as if the said trusts were herein repeated And as to the said last mentioned legacies so given to the said John Sparkes Henry Sparkes Frances Hatch George Smallpeice John Smallpeice and Job Smallpeice I will that the same shall be vested interests in them immediately on my decease although not payable 'til after the decease of my said Wife And whereas my said dear Wife is entitled for her life to my interest in a Leasehold messuage in Compton Street Soho in the Liberty of Westminster Now subject thereto I give and bequeath the same to my said Niece Frances Hatch To hold the same unto and to the use of her the said Frances Hatch her executors admors and assigns for all the rest residue and remainder of my Estate term and interest therein to and for her and their own absolute use and benefit And I direct that in all cases where I have by this my will directed that if a legatee shall die before his or her legacy shall become payable the lawful issue shall take the Parents legacy my will and meaning is that such lawful issue shall have a vested interest in what he she or they shall so become entitled to and to be paid and payable at his her or their respective age or ages of twenty one years being a Son or Sons or that age or marriage being a daughter or daughters and in the meantime the interest dividends and annual proceeds thereof (where not otherwise directed by me) to be paid to his her or their Guardian or Guardians towards his her or their maintenance and education And I direct that if Ann the now Wife of my Nephew Edward London shall be living at the time of the decease of the said Edward London that then my said trustees shall pay to her an annuity of thirty pounds a year for her life (if she shall so long continue his Widow but not otherwise) out of the interest and dividends of the four thousand pounds which I have before given to my said trustees for the benefit of the said Edward London and his Children and their issue And as to my real Estate I give and devise the same as follows I give and devise unto my said Nephew Henry Sparkes and his heirs all and every my ffreehold and Copyhold Messuages or Tenements ffarms Lands and Hereditaments with their appurtenances situate lying and being in the Parish of Alfold in the County of Surrey to have and to hold the same unto and to the use of my said Nephew Henry Sparkes his heirs and assigns for ever Also I give and devise unto my said Nephew George Smallpeice and his heirs all those my Messuages or tenements ffarms Lands & hereditaments with the appurtenances called or known by the name of Radnor and Coophurst and a ffield late Worsfolds situate lying and being in the Parish of Ewhurst in the said County of Surrey and now in the tenure and occupation of George Gravatt and his undertenants to have and to hold the same unto and to the use of the said George Smallpeice his heirs and assigns for ever And I give and devise unto my said Great Nephew John Sparkes of Gosden All that my barn stable buildings farm and lands with the appurtenances situate lying and being at Ewhurst in the County of Surrey now in the occupation of Solomon Child to have and to hold the same unto and to the use of him the said John Sparkes his heirs and assigns for ever And I give devise and bequeath unto my Nephew William Sparkes & his heirs All that my Mansion house with the Buildings Garden Ground & Appurts adjoining and belonging thereto which I purchased of Mrs Manssall and Mr Thompson or one of them situate in Stoke next Guildford aforesaid wherein I now dwell and the field in the same Parish which I purchased of the Reverend Walter Harper and the field or close of Land called Waterden which I purchased of the Devisees in trust and executors of Mr John ffrench with their respective appurtenances (subject nevertheless and without prejudice to the Estate for life hereinbefore devised to my dear Wife therein respectively) And all the rest residue and remainder of my freehold and copyhold messuages farms lands tenements tythes hereditaments and real Estate whatsoever and wheresoever the same shall be situate lying and being at the time of my decease with their several and respective appurtenances to have and to hold the same unto and to the use of my said nephew William Sparkes his heirs and assigns for ever (subject nevertheless and charged and chargeable as to my ffreehold & Copyhold Messuages ffarms Lands Tenements Hereditaments and real Estate situate lying and being in the said several parishes of Elstead Shere and Worplesdon with the payment of the annuity or yearly rent or sum of four hundred pounds hereinbefore given and devised to my said dear Wife for her life) And I give and bequeath All the rest and residue of my personal Estate and Effects whatsoever and wheresoever unto my said nephew William Sparkes his executors admors and assigns to and for his and their absolute use and benefit And I do hereby nominate constitute and appoint my said nephew William Sparkes sole Executor of this my last Will and Testament Provided always and I do hereby declare that if the said trustees in and by this my Will nominated and appointed or any future trustee or trustees to be appointed in the stead or place of them or any of them as hereinafter is mentioned shall happen to die or be desirous of being discharged of or from or refuse or decline or become incapable to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully executed performed or discharged then and in such case and when and so often as the same shall happen it shall and may be lawful to and for the surviving or continuing trustee or trustees for the time being and the executors or admors of the last surviving trustee with the consent in writing of my said dear Wife and my said Nephew William Sparkes during their joint lives and of the survivor of them during her or his life and after the decease of such survivor of the sole authority of my said surviving or continuing trustee or trustees for the time being and the executors or admors of the last surviving trustee by any Deed or Deeds Instrument or Instruments in writing legally executed from time to time to nominate or appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and that when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid all the trust estates monies and premises which shall then be vested in the trustee so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid either solely or jointly with the other trustee or trustees shall be thereupon with all convenient speed conveyed assigned & transferred in such sort and manner and so that the same shall and may be legally and effectually vested in the surviving or continuing trustee or trustees of the same trust estates monies and premises respectively and such new or other trustee or trustees or if there shall be no continuing trustee or trustees of the same trust estates monies and premises then in such new trustees only To the same uses and upon the same trusts as are hereinbefore declared of and concerning the same trust estates monies and premises respectively the trustee or trustees whereof shall so die or be desirous of being discharged or refuse decline or become incapable to act as aforesaid or such of them as shall or may be then subsisting and capable of taking effect and that every such new trustee or trustees shall and may in all things act and assist in the management carrying on and execution of the trusts to which he or they shall be so appointed in conjunction with the other then surviving or continuing trustee or trustees of the same trust estates monies and premises resply if there shall be any such continuing trustee or trustees if not then by himself or themselves as fully and effectually and with the same powers and authorities to all intents effects constructions and purposes whatsoever as if he or they had been originally in and by this my Will nominated trustee or trustees for the purposes for which such new trustee or trustees respectively shall be appointed trustee or trustees and as the trustee or trustees in this my Will named his or their executors or admors in or to whose place such new trustee or trustees shall respectively come or succeed are or is enabled to do or could or might have done under and by virtue of this my Will if then living or continuing to act in the trusts hereby reposed in them anything therein before contained to the contrary thereof in anywise notwithstanding Provided also and I do hereby further declare that my said trustees hereby nominated and appointed or to be appointed by virtue of the proviso lastly hereinbefore contained and every of them and the heirs executors admors and assigns of them and every of them shall be charged & chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding his or their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the other or others of them but each and every of them only for his and their own acts receipts neglects or defaults respectively And that any one or more of them shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the trusts hereinbefore mentioned and that they or any of them shall not be answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other 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 their own wilful default respectively And also that it shall and may be lawful to and for them my said trustees hereby named and such future trustee or trustees to be appointed as aforesaid and every or any of them their and every of their executors admors and assigns by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse himself and themselves respectively and also to allow to his and their Co-trustee and Co-trustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto I give devise and bequeath unto my said Nephew William Sparkes his heirs executors admors and assigns all the Estates which at the time of my decease shall be vested in me upon any trusts or by way of mortgage of which I have power to dispose by this my Will with their rights members & appurtenances To have and to hold the said Estates unto the said William Sparkes his heirs executors admors and assigns according to the nature and quality thereof respectively Upon the several trusts and subject to the equity of redemption which at the time of my decease shall be subsisting or capable of taking effect therein respectively But the money secured by or upon any such mortgages shall be considered and taken as part of my Personal Estate Also I will that such Landtax as I have redeemed shall go with the respective Estates out of which it was payable and I give and devise the same accordingly And I do hereby revoke and make void all former and other Wills by me at any time heretofore made and do declare these presents only to be and contain my last Will and Testament In Witness whereof I the said Richard Sparkes the Testator have to this my last Will and Testament contained in nineteen sheets of paper set my hand at the bottom of each of the eighteen preceding sheets and my hand and seal to this nineteenth and last sheet this twenty first day of January in the year of our Lord One thousand eight hundred and thirty three Richd Sparkes /SS/ Signed sealed published and declared by the said Richard Sparkes the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses Joseph Hockley -- Edmund Vincent -- James Johnson / This is a Codicil to be added to and taken as part of the last Will and Testament of me Richard Sparkes of Stoke next Guildford in the County of Surrey Esquire which Will bears date the twenty first day of January One thousand eight hundred and thirty three I give and bequeath unto John Peyto Shrubb William Newland and John King the Trustees in my said Will named the further sum of One thousand pounds Bank stock Upon the trusts following (that is to say) Upon trust that they the said John Peyto Shrubb William Newland and John King and the survivors and survivor of them and the executors admors and assigns of such survivor do and shall pay to or otherwise permit and suffer my dear Wife Frances to receive the dividends interest and annual proceeds thereof as the same shall become due for the term of her natural life And from and immediately after her decease I give and bequeath the said sum of One thousand pounds Bank Stock unto and equally between and amongst my Nephews and Nieces John Smallpeice Job Smallpeice Mary the Wife of William Elkins Ann the Wife of Nathaniel Clarkson Edward London Henry Sparkes Mary the Wife of George Smallpeice Frances Hatch Widow and my Great Nephew John Sparkes of Gosden and to their respective executors admors and assigns to and for their own respective absolute use and benefit And I direct my trustees or trustee for the time being to pay or transfer the same to them accordingly Whereas since the date and execution of my said Will I have purchased of and from the Assignees of Messrs Sweetapple Eight Messuages or Tenements situate and being at Catshull in the Parish of Godalming in the said County of Surrey Now I give devise and bequeath the same Eight messuages or tenements with their Appurtenances unto my Great Nephews George Sherlock Smallpeice Son of my Nephew John Smallpeice and Job Smallpeice the younger Son of my Nephew Job Smallpeice and their heirs To have and to hold the same unto and to the use of the said George Sherlock Smallpeice and Job Smallpeice the younger their heirs and assigns for ever as tenants in common and not as joint tenants And I do hereby revoke and make void the legacy or sum of five hundred pounds by my said Will given and bequeathed to my said Great Nephew George Sherlock Smallpeice as the above share of my said Estate at Catshull is given to him in lieu thereof And whereas also since the date and execution of my said Will I have purchased of the Devisees of Mr John Whitbourn deceased a Messuage or Tenement or Dwellinghouse with the buildings and appurtenances thereunto belonging together with several pieces or parcels of land (being part freehold and part Copyhold) situate lying and being at Perryhill in the Parish of Worplesdon in the said County of Surrey now in the occupation of John Dabour or his Undertenants Now I do hereby give devise and bequeath the same messuage or tenement or dwellinghouse buildings and land with the appurtenances unto my Nephew William Sparkes of Guildford aforesaid Banker and his heirs and assigns for ever And whereas I have also since the date and execution of my said Will purchased of the Honorable Lock King a piece or parcel of Copyhold Land situate lying and being at Elstead in the said County of Surrey Now I do hereby give devise and bequeath the same unto my Great Nephew John Sparkes of Gosden and his heirs To have and to hold the same unto and to the use of the said John Sparkes his heirs and assigns for ever And I give and bequeath unto my Nephew George Smallpeice of Compton a legacy or sum of five hundred pounds sterling over and besides what I have given him by my said Will for his own use and benefit and I give and bequeath unto my servant Elizabeth Woodham in case she shall be living with me at the time of my decease the legacy or sum of ten pounds over and besides what I have given her by my said Will Also I give and bequeath unto my footman William Timbull in case he shall be living with me at the time of my decease the legacy or sum of Nineteen pounds and nineteen shillings and I direct the said several legacies to be paid within six calendar months next after my decease And I do hereby ratify and confirm my said Will in all respects save as the same is hereby altered In Witness whereof I have hereunto set my hand and seal the fourth day of February in the year of our Lord one thousand eight hundred and thirty five _Richd Sparkes /SS/__ Signed sealed published and declared by the said Richard Sparkes as and for a Codicil to be added to and taken as a part of his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses Joseph Hockley -- Joseph Hockley Junr -- James Johnson This is a second Codicil to be added to and taken as part of the last Will and Testament and first Codicil of me Richard Sparkes of Stoke next Guildford in the County of Surrey Esquire which Will and Codicil bear date respectively the twenty first day of January One thousand eight hundred and thirty three and fourth day of February one thousand eight hundred and thirty five Whereas my friend Thomas Jackson Esquire of Camberwell the Widow of my late Nephew Richard Balchin and Susannah the Wife of George Ellis of Guildford Cordwainer severally named in my said Will have respectively departed this life Now therefore I do hereby revoke and make void the legacy or sum of nine-teen Guineas by my said Will given to the said Thomas Jackson Also I do hereby revoke and make void the legacy or sum of three hundred pounds by my said Will given to the said Widow of my said late Nephew Richard Balchin And also I do hereby revoke and make void the legacy or sum of nineteen Guineas by my said Will given to the said Susannah the late Wife of the said George Ellis And I do hereby give and bequeath unto and equally between Richard Balchin of Godalming Surgeon and Ann Balchin (Son and Daughter of my said late Nephew Richard Balchin deceased) the sum of three hundred pounds sterling and direct the same to be paid to them within six Calendar months next after my decease free of legacy duty over and above what they or either of them will be entitled to under and by virtue of my said Will and first Codicil Also I give and bequeath unto Frances otherwise Fanny Ellis daughter of the said Susannah Ellis deceased the legacy or sum of Ten Guineas to be paid to her within three Calendar months next after my decease And whereas I have in and by my said Will given and bequeathed unto my Niece Frances Hatch Widow therein named after the decease of my dear Wife a Leasehold Messuage in Compton Street Soho in the Liberty of Westminster to hold to her her executors admors and assigns for the rest residue and remainder of my estate term and interest therein to and for her and their own absolute use and benefit Now I do hereby revoke and make void the said gift and bequest of the said leasehold messuage to the said Frances Hatch her executors admors and assigns Also I do hereby revoke and make void the legacy or sum of nineteen pounds and nineteen shillings by my said first Codicil given and bequeathed unto my footman William Timbull And I do hereby give and bequeath unto the said William Timbull the legacy or sum of fifty pounds sterling in case he shall be living with me at the time of my decease And I direct the same to be paid to him within six Calendar months after my decease free from legacy duty And I do hereby give and bequeath unto John Peyto Shrubb William Newland and John King the trustees in my said Will named the further sum of One thousand five hundred pounds stock in the three and an half per Cent Annuities Upon the trusts following that is to say Upon trust that they the said John Peyto Shrubb William Newland and John King and the survivors and survivor of them and the executors admors and assigns of such survivor do and shall pay to or otherwise permit and suffer my dear Wife Frances to receive the dividends interest & annual proceeds thereof as the same shall become due for the term of her natural life And from and immediately after her decease I give and bequeath one thousand pounds stock three and an half per Cent reduced Annuities part of the said trust monies unto my said Niece Frances Hatch Widowher executors admors or assigns to and for her and their own absolute use and benefit and five hundred pounds stock three and an half per cent reduced annuities other part and residue of the said trust monies unto my Niece Mary the Wife of George Smallpeice of Compton her exors admors or assigns to and for her and their own absolute use and benefit And I direct my trustees or trustee for the time being to pay or transfer the same accordingly And whereas since the date and execution of my said Will and first Codicil I have purchased of and from the trustees of Mr Sherratt a freehold messuage buildings farm and lands with the appurtenances situate lying and being at Merrow in the said County of Surrey And of and from Mr Scotcher a Copyhold Messuage or Tenement Buildings and Land situate lying and being at Worplesdon in the County of Surrey and holden of the Manor or Worplesdon Now I do hereby give devise and bequeath the said freehold and copyhold messuages or tenements buildings farms lands hereditaments and premises with their appurtenances unto my Nephew William Sparkes of Guildford aforesaid Banker and his heirs To have and to hold the same unto and to the use of my said Nephew William Sparkes his heirs and assigns for ever And I do hereby ratify and conform my said Will and first Codicil in all respects save as the same are hereby altered In Witness whereof I have hereunto set my hand and seal the twenty fourth day of May in the year of our Lord One thousand eight hundred and thirty six _Richard Sparkes /SS/ __ Signed sealed published and declared by the above named Richard Sparkes as and for a Codicil to be added to and taken as a part of his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have here unto subscribed our names as witnesses Joseph Hockley -- Joseph Hockley Junr -- James Johnson This is a third Codicil to be added to and taken as part of the last Will and Testament and first and second Codicils of me Richard Sparkes of Stoke next Guildford in the County of Surrey Esquire which Will and Codicils bear date respectively the twenty first day of January one thousand eight hundred & thirty three the fourth day of February one thousand eight hundred and thirty five and the twenty fourth day of May one thousand eight hundred and thirty six I give and bequeath the legacy or sum of One thousand one hundred pounds sterling equally between and amongst all the Children of my late Nephew Richard Balchin late of Wescott Farm near Dorking in Surrey who shall be living at the time of my decease and the issue of such of them as shall be taken dead leaving lawful issue equally to be divided between them but so that the issue of any deceased Child shall not be entitled to any other or greater share than his her or their Parent or respective Parents would have been entitled to if then living And I give to my Nephew George Smallpeice the legacy or sum of three hundred pounds sterling to and for his own use and benefit Also I give to my Nephew John Smallpeice the legacy or sum of three hundred pounds sterling to and for his own use and benefit Also I give to my Nephew Job Smallpeice the legacy or sum of three hundred pounds sterling to and for his own use and benefit Also I give to my Niece Elizabeth Smallpeice the legacy or sum of three hundred pounds sterling to and for her own use and benefit Also I give to my Niece Mary Smallpeice the legacy or sum of three hundred pounds sterling to and for her own use and benefit Also I give to my Niece Mary the Wife of William Elkins the legacy or sum of three hundred pounds sterling to and for her own use and benefit Also I give to my Niece Ann the Wife of Nathaniel Clarkson the legacy or sum of three hundred pounds sterling to and for her own use and benefit Also I give to my Nephew Edward London the legacy or sum of three hundred pounds sterling to and for his own use and benefitAlso I give to my Nephew Henry Sparkes the legacy or sum of three hundred pounds sterling to and for his own use and benefit Also I give to my Niece Mary the Wife of the said George Smallpeice the legacy or sum of three hundred pounds sterling to and for her own use and benefit Also I give to my Niece Frances Hatch Widow the legacy or sum of three hundred pounds sterling to and for her own use and benefit Also I give to my Great Nephew John Sparkes of Gosden the legacy or sum of three hundred pounds sterling to and for his own use and benefit And I do direct that all the said several lagacies shall be paid to the respective parties within six Calendar months next after my decease over & above what they or either of them may be entitled to under and by virtue of my said Will and first and second Codicils Also I do hereby revoke and make void the legacy or sum of fifty pounds by my said second Codicil given and bequeathed unto my footman William Timbull And I do hereby give and bequeath unto the said William Timbull the legacy or sum of One hundred pounds sterling in case he shall be living with me at the time of my decease and I direct the same to be paid to him within six Calendar months after my decease free from legacy duty And I do also hereby revoke and make void the legacies or sums of forty pounds and ten pounds by my said Will and first Codicil given and bequeathed unto my servant Elizabeth Woodham And I do hereby give and bequeath unto the said Elizabeth Woodham the legacy or sum of One hundred pounds sterling in case she shall be living with me at the time of my decease And I direct the same to be paid to her within six Calendar months after my decease free from legacy duty And wheras since the date and execution of my said Will and first and second Codicils I have purchased of and from the devisees of the late Mr Robert Johnson a messuage or tenement and hereditaments with the appurtenances situate in the Parish of Stoke next Guildford and adjoining on the East side to the premises now in my own occupation Now I do hereby give devise and bequeath the said messuage or tenement and hereditaments with the appurtenances unto my Nephew William Sparkes of Guildford aforesaid Banker and his heirs To have and to hold the same unto and to the use of my said Nephew William Sparkes his heirs and assigns for ever And I do hereby ratify and confirm my said Will and first and second Codicils in all respects save as the same are hereby altered In Witness whereof I have hereunto set my hand and seal the twenty sixth day of May in the year of our Lord One thousand eight hundred and thirty seven _Richard Sparkes /SS/ Signed sealed published and declared by the above named Richard Sparkes as and for a Codicil to be added to and taken as a part of his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses Joseph Hockley -Joseph Hockley Junr Robert Bickerton Podey Proved at London with three Codicils the 7th July 1838 before the Worshipful John Daubeny Doctor of Laws and Surrogate by the Oath of William Sparkes Esqr the Nephew the sole Executor to whom Admon was granted having been first sworn duly to administer