Simon's Family History

The Last Will and Testament

of  George Curtis  -  1847


This is the Last Will and Testament of me George Curtis of West Thurrock in the County of Essex Farmer of which Will I nominate and appoint my dear wife Mary Curtis and my two sons George Joseph Curtis and John Edward Curtis executrix and executors

I direct that my said wife shall during her life or widowhood be at liberty to occupy for the use of herself and such of my children as shall reside with her the house in which I now reside without paying rent or taxes for the same

And that she shall during her life or widowhood have the use of all my furniture plate linen china glass pictures and other household goods and chattels and upon her decease or second marriage I give and bequeath the said furniture plate linen china glass pictures goods and chattels unto my children and to be divided equally between them and in case they cannot agree upon such division the I direct that the same shall be sold by auction and the net proceeds be divided equally between them

I give and devise unto my said wife Mary Curtis my said sons George Joseph Curtis and John Edward Curtis and John Eaton Joyner of West Thurrock aforesaid farmer my four freehold houses situate in the Parish of West Thurrock which were purchased of (blank) Peet my three freehold cottages in West Thurrock aforesaid which I purchased of Messieurs Smith Payne and Smiths the freehold public house in West Thurrock aforesaid called the Fox and Goose my four freehold tenements situate in the Parish of Corringham in the said County of Essex and my freehold cottage situate in the Parish of Fobbing in the said County of Essex to hold the same unto and to the use of the said Mary Curtis George Joseph Curtis John Edward Curtis and John Eaton Joyner their heirs and assigns upon trust that they or the survivors or survivor of them or the heirs or assigns of such survivor do and shall during the life of my said wife pay unto my said wife or permit her to receive the rents and profits of the said freehold hereditaments for her sole and separate use and benefit and not to be subject to the control debts or engagements of any husband she may hereafter marry and I declare that the receipts of my said wife shall alone be good and sufficient discharge for the same

And from and immediately after the decease of my said wife I give and devise my said freehold houses situate in the Parish of West Thurrock and which were purchased of (blank) Peet as aforesaid unto my said son George Joseph Curtis to hold the same unto and to the use of the said George Joseph Curtis his heirs and assigns for ever

And I give and devise my said three freehold cottages situate in the Parish of West Thurrock which I purchased of Messieurs Smith Payne and Smiths as aforesaid unto my said son John Edward Curtis & Co. to hold the same unto and to the use of the said John Edward Curtis his heirs and assigns for ever

And from and immediately after the decease of my said wife I give and devise the said public house in West Thurrock called the Fox and Goose the said four tenements situate in the Parish of Corringham and the said cottage situate in the Parish of Fobbing unto the said George Joseph Curtis John Edward Curtis and John Eaton Joyner to hold the same unto and to the use of the said Joseph Curtis John Edward Curtis and John Eaton Joyner their heirs and assigns and upon trust that they or their survivors or survivor of them or the heirs or assigns of such survivor do and shall as soon as conveniently may be after the decease of my said wife sell and dispose of my said last mentioned freehold hereditaments either together or in parcels and either by public auction or private contract or partly by public auction and partly by private contract for the best price or prices in money that at the time or times of such sale or sales can be reasonably had or gotten for the same with liberty to my said trustees or trustee to buy in the same at any auction or auctions and afterwards to resell the same if they or he shall think fit without being responsible for any diminution of price on such resale and do and shall convey and assure the same when sold unto the purchase or purchases thereof respectively or as he or they shall direct And I direct that until such sale or sales the rents and profits of the said hereditaments shall be paid unto the person or persons who under the trusts hereinafter contained would be entitled to the income and proceeds of the monies arising there from

And it is my will and I do hereby declare the said George Joseph Curtis John Edward Curtis and John Eaton Joyner and the survivors and survivor of them and the executors or administrators of such survivor do and shall stand possessed of the clear monies to arise or be produced from or by such sale or sales as aforesaid after payment of all the expenses of or incident to such sale or sales and upon trust that they or he do and shall lay out and invest the same in their or his names or name on some or one of the public stocks or trusts of Great Britain or at interest on Government or real securities in England or Wales and do and shall stand possessed of and interested in such stock funds and securities upon the trusts and for the purposes hereinafter declared of and concerning the same that is to say As to one equal third part of such stocks funds and securities and upon trust from time to time as the same shall become due and payable to pay and apply the interest dividends and annual produce thereof into the proper hands of my daughter Harriet the wife of James Burness or unto her order to be signified by any note or writing under her hand from time to time after the interest dividends or annual produce for the payment of which or any part of which such order shall be given shall have actually become due but not otherwise To the intent that the same interest dividends and annual produce may be for the sole and separate use and benefit of the said Harriet Burness independent of her or any future husband she may happen to marry and not be subject to his control debts or engagements And to the intent that she may not either solely or jointly with any husband make any assignment or appointment by way of anticipation of any unaccrued payment of the said interest dividend or annual; produce or any part thereof and so that the receipt or receipts of the said Harriet Burness or of the person or persons to whom she shall order the same to be paid as aforesaid shall be a sufficient discharge for the said interest dividends and annual produce or for so much thereof as in such receipt or receipts shall be acknowledged to be received And from and immediately after the decease of my said daughter Harriet Burness

Then as for and concerning the principal or capital of such one third part of the said stocks funds or securities interest for all and every her children and child living at my decease or born afterwards in such parts shares and proportions or for anyone or more of such children in exclusion of any other or others of them and at such age or ages time or times and subject to such trusts provisions conditions and limitations over for the benefit of or relating to some or one of such children as she my said daughter Harriet Burness at any time or times during her life by any deed or deeds instrument or instruments in writing with or without power of reversion and new appointment to be sealed and delivered by her in the presence of and attested by two or more credible witnesses or by the last Will and Testament or any Codicil or Codicils thereto shall direct or appoint and for want of any such direction or appointment or so far as any such direction or appointment shall not extend in trust for all and every her children and child living at my decease or born afterwards who being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married which shall first happen and if there shall be two or more such children equally to be divided between or amongst them share and share alike and their respective executors administrators and assigns and in case there shall be only one such child who being a son shall live to attain the age of twenty one years or being a daughter shall live to attain that age or be previously married then in trust for such one child and his or her executors administrators and assigns Provided always and I do hereby direct that if any child of my said daughter Harriet Burness shall take a share of and in the aforesaid trust premises by virtue of or under any appointment to be made in pursuance of the power herein before given to her Then and in such case such child shall be entitled to further share of and in the said trust premises until such child shall have brought his or her appointed share into hotchpot and shall have accounted for the same accordingly unless my said daughter Harriet Burness shall declare a contrary intention in writing

And I do hereby direct that my said trustees or trustee for the time being shall and do in the mean time after the decease of my said daughter Harriet Burness pay and apply the annual income or a sufficient part thereof of the presumptive share for the time being of each of her children not then entitled to a vested interest in the said trust premises for or towards the maintenance support and education of such child until his or her share shall become vested or he or she shall previously die and that not withstanding the father of such child shall be living and of sufficient ability to maintain him or her and do and shall lay out and invest the residue or surplus if any of the annual income of such presumptive shares in order that the same may accumulate for the benefit of such children respectively or be applied in making good the insufficiency of the income of any succeeding year or years for the purposes aforesaid provided always

And I do hereby declare that it shall be and may be lawful for my said trustees or trustee at any time or times with the consent in writing of my said daughter Harriet Burness during her life and after her decease of their or his own proper authority from time to time to sell transfer and dispose of any part or parts of the share or shares hereby intended for such of the children of her my said daughter Harriet Burness as shall be a son or sons not exceeding one third part of his or their presumptive or expectant share or share of and in the said trust premises and to apply the money to arise by such sale transfer or disposition for the placing or putting of him or them whose share or respective shares shall be so in part sold transferred or disposed of in or to any profession business or employment or for his or their instruction therein or otherwise for his or their advancement in the world notwithstanding his or their share or respective shares shall not be then vested or payable

But in case there shall be no child of my said daughter Harriet Burness living at my decease or born afterwards who being a son shall then have attained or shall afterwards live to attain the age of twenty one years or being a daughter shall then have attained that age or been married or shall afterwards live to attain that age or be married Then I direct that they my said trustees or trustee shall stand possessed of and interested in the said one third part of the said stocks funds or securities or so much thereof as shall not become vested in any such child or children in pursuance of the power of appointment herein before given to my said daughter and as shall not be applied for the advancement of any son or sons of my said daughter pursuant to the power for that purpose herein before contained (subject and without prejudice to the trusts aforesaid) Upon trust for such person or persons for such interest or interests and for such intents and purposes and under and subject to such charges powers or provisos as she the said Harriet Burness whether covert or sole and not withstanding her coverture by her Last Will and Testament or any Codicil or Codicils thereto shall direct and appoint and in default of and until such direction or appointment and so far as any such direction or appointment shall not extend upon trust for such person or persons as under or by virtue of the status for the distribution of intestates effects would at the time of the decease of the said Harriet Burness have been entitled to her personal estate as her next of kin in case she had died intestate and unmarried and if there shall be two or more such persons then to take in the same manner as they would be entitled to such personal estate under such statute provided always

And I do hereby further direct that notwithstanding anything herein before contained it shall and may be lawful for my said daughter Harriet Burness by any deed or instrument in writing to be sealed and delivered by her in the presence of and attested by two or more credible witnesses to direct that the interest dividends and annual produce of the said trust premises shall from and after her decease be paid to her present or any future husband for his life if he survive her

And as to one other equal third part of the said stocks funds and securities and the interest dividends and annual produce thereof Upon and for such or the like trusts interests and purposes and under and subject to such and the like restrictions powers and provisos for the sole and separate use and benefit of my said daughter Eleanor Curtis during her life and after her death for her husband and for her child or children living at my decease or born afterwards and with under and subject to such or the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of her sons and in default of children for her appointees or next of kin as are herein before declared and contained of and concerning the before mentioned one third part of the said stocks funds and securities and the interest dividends and annual produce thereof for the separate use of my daughter Harriet Burness and for or relative to her husband child or children appointees or next of kin as aforesaid or as near thereto as the circumstances of the case will admit

And as to the remaining equal third part of the said stocks funds and securities and the interest dividends and annual produce thereof Upon and for such or the like trusts intents and purposes and under and subject to such or the like restrictions powers and provisions for the sole and separate use and benefit of my daughter Ann Eliza Curtis during her life and after her death for the husband and for her child or children living at my decease or born afterwards with under and subject to such or the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are herein before declared and contained of and concerning the before mentioned one third part of the said stocks funds and securities and the interest dividends and annual produce thereof for the separate use of my daughter Harriet Burness and for or relative to her husband child or children appointees or next of kin as aforesaid or as near thereto as the circumstances of the case will admit

And as a further or more immediate provision for my daughters I do hereby give and devise unto the said Mary Curtis George Joseph Curtis John Edward Curtis and John Eaton Joyner my freehold land or marsh called Fowlers Marsh containing seventy five acres or thereabouts situate and being in the Parish of Fobbing and my freehold land or marsh called Narswick Marsh containing one hundred and eighty eight acres or thereabouts situate and being in the said Parish of Fobbing with the rights members? and appurtenances to hold the same unto and to the use of the said Mary Curtis George Joseph Curtis John Edward Curtis and John Eaton Joyner their heirs and assigns upon trust that they or the survivors or survivor of them or their heirs executors administrators or assigns of such survivor do and shall as soon as conveniently may after my decease sell and dispose of my said last mentioned freehold hereditaments either together or in parcels and either by public auction or private contract or partly by public auction and partly by private contract for the best price or prices in money that at the time such sale or sales can be reasonably had or gotten for the same with liberty to my said trustees or trustee to buy in the same at any auction or auctions and afterwards to resell the same if they or he shall think fit without being responsible for any diminution of price on such resale and also do and shall convey and assure the same when sold unto the purchase or purchasers thereof respectively or as he or they shall direct And I do direct that until such sale or sales the rents and profits of the said hereditaments shall be paid unto the person or persons who under the trusts hereinafter declared would be entitled to the income and proceeds of the monies arising therefrom

And it is my will and I do hereby declare that the said Mary Curtis George Joseph Curtis John Edward Curtis and John Eaton Joyner and the survivors and survivor of them and the executors and administrators of such survivor do and shall of and possess of the clear monies to arise or be produced from or by such sale or sales as aforesaid after payments of all expenses of or incident to such sale or sales upon trust that they or he do and shall lay out and invest the same in their or his names or name in some or one of the public stocks funds of Great Britain or at interest on Government or real securities in England or Wales and do and shall stand possessed of and interested in such stocks funds and securities upon the trusts and for the purposes hereinafter declared of and concerning the same that is to say as to one equal third parts of the such last mentioned stocks funds and securities and the interest dividends and annual produce thereof upon and for such or the like trusts intents and purposes and under and subject to such and the like restrictions powers and provisions for the sole and separate use and benefit of my said daughter Harriet Burness during her life and after her decease for her husband and for her child or children living at my decease or born afterwards and with under and subject to such and for the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are hereinbefore declared and contained of and concerning the provision herein before made and contained for or relating to my said daughter Harriet Burness and her husband child or children appointees and next of kin as aforesaid or as near thereto as circumstances will admit

And as to one of her equal third part of the secondly hereinbefore mentioned stocks funds and securities and the interest dividends and annual produce thereof upon and for such and the like trusts and purposes and under and subject to such and the like restrictions powers and provisions for the sole and separate use and benefit of my said daughter Eleanor Curtis during her life and after her decease for her husband and for her child or children living at my decease or born afterwards and with under and subject to such and the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are hereinbefore declared and contained of and concerning the provision herein before made and contained for or relating to my said daughter Eleanor Curtis and her husband child or children appointees and next of kin as aforesaid or as near thereto as circumstances will admit

And as to the remaining equal third part of the secondly hereinbefore mentioned stocks funds and securities and the interest dividends and annual produce thereof upon and for such and the like trusts intents and purposes and under and subject to such and the like restrictions powers and provisions for the sole and separate use and benefit of my said daughter Ann Eliza Curtis during her life and after her decease for her husband and for her child or children living at my decease or born afterwards and with under and subject to such and the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are hereinbefore declared and contained of and concerning the provision herein before made and contained for or relating to my said daughter Ann Eliza Curtis her husband child or children appointees and next of kin as aforesaid or as near thereto as circumstances will admit

And it being my wish that my wife and my sons should continue to carry on my farming and grazing business for their joint and equal benefit I do hereby give devise and bequeath unto the said Mary Curtis George Joseph Curtis and John Edward Curtis all my farming stock growing crops cattle farming utensils implements of husbandry leases capital ready money debts and all the rest and residue of my real and personal estate and effects whatsoever and wheresoever which I shall be possessed of or entitled to at the time of decease subject to the payment of all my debts and funeral and testamentary expenses To hold the same unto and to the use of the said Mary Curtis George Joseph Curtis and John Edward Curtis their heirs executors administrators and assigns during the continuance of the life or widowhood of my said wife upon trust that the said Mary Curtis George Joseph Curtis and John Edward Curtis do and shall during the life and widowhood of my said wife carry on my said farming and grazing business and use and employ my said stock and other effects for that purpose and do and shall divide and pay all the gains and profits which shall arise therefrom between and to the said Mary Curtis George Joseph Curtis and John Edward Curtis in equal shares and proportions for their own respective use and benefit and from

And immediately after the decease or second marriage of my said wife then I give devise and bequeath all my said farming stock crops cattle utensils implements leases capital money debts and all other the real and personal estate and effects which I shall be possessed of entitled to or interested in at the time of decease and which I have not disposed of by this my Will unto my said sons George Joseph Curtis and John Edward Curtis their heirs executors administrators and assigns to and for their own use and benefit absolutely for ever and to be equally divided between them as tenants in common and not as joint tenants but subject to and charged with the payment of the sum of two thousand pounds which I direct shall be paid by my said sons to the trustees or trustee for the time being of this my Will in manner following that is to say the sum of one thousand pounds part thereof at the expiration of two years from the time of the decease or second marriage of my said wife and the remaining sum of one thousand pounds at the expiration of three years from the time of the decease or second marriage of my said wife And I direct that in the meantime and until the said sum of two thousand pounds be paid as aforesaid my said sons shall pay to the trustees or trustee for the time being of this my Will interest upon or for the said sum of two thousand pounds or so much thereof as for the time being shall be unpaid at the rate of five pounds per centum per annum by equal quarterly payments

And I do direct that the trustees and trustee for the time being of this my Will do and shall lay out and invest the said sum of two thousand pounds as and when the same shall be received as aforesaid in their or his names or name in some or one of the public stocks or funds of Great Britain or at interest upon Government or real securities in England or Wales and do and shall stand possessed of and interested in such stock funds and securities and the interest dividends and annual produce thereof and also of the interest of the said sum of two thousand pounds until the same shall be paid and invested as aforesaid upon the trusts and for the purposes hereinafter declared concerning the same that is to say to one equal third part of such last mentioned stocks funds and securities and interest dividends and annual produce upon and for such or the like trusts intents and purposes and under and subject to such and the like restrictions powers and provisions for the sole and separate use and benefit of my said daughter Harriet Burness during her life and after her decease for her husband and for her child or children living at my decease or born afterwards and with under and subject to such and the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are herein before declared and contained and concerning the provisions herein before made and contained for or relating to my said daughter Harriet Burness and her husband child or children appointees and next of kin as aforesaid or as near thereto as circumstances will admit

And to one other equal third part of such last mentioned stocks funds and securities and interest dividends and annual produce upon and for such and the like trusts intents and purposes and under and subject to such and the like restrictions powers and provisions for the sole and separate use and benefit of my said daughter Eleanor Curtis during her life and after her decease for her husband and for her child or children living at my decease or born afterwards and with under and subject to such and the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are herein before declared and contained and concerning the provisions herein before made and contained for or relating to my said daughter Eleanor Curtis and her husband child or children appointees and next of kin as aforesaid or as near thereto as circumstances will admit

And as to the remaining equal third part of the last mentioned stocks funds and securities and interest dividends and annual produce upon and for such and the like trusts intents and purposes and under and subject to such and the like restrictions powers and provisions for the sole and separate use and benefit of my said daughter Ann Eliza Curtis during her life and after her decease for her husband and for her child or children living at my decease or born afterwards and with under and subject to such and the like powers and directions for or relating to the maintenance and education of her child or children and accumulation of savings and advancement of sons and in default of children for her appointees or next of kin as are herein before declared and contained and concerning the provisions herein before made and contained for or relating to my said daughter Ann Eliza Curtis and her husband child or children appointees and next of kin as aforesaid or as near thereto as circumstances will admit

And I do hereby declare that the provision hereby made and intended for my said wife shall be in lieu bar and full satisfaction of and for all dower and thirds at the Common Law or statute custom or otherwise which she can or may or otherwise might have claim or entitles to of in to or out of my real or personal estate or effects or any part thereof provided always And I do hereby declare that it shall and may be lawful to and for the trustees or trustee for the time being of this my Will at any time or times and from time to time when and as often as they shall think it expedient to alter vary and transpose all or any part of the stocks funds or securities which for the time being shall be vested in them or him upon any of the trusts aforesaid for or into stocks funds or securities of the same or the like nature And that the said trustees and trustee shall stand possessed of and interested in such new or other stock funds or securities upon and for such trusts intents and purposes and under and subject to such powers and provisos as are in and by this my Will expressed declared and contained of and concerning the stocks funds or securities which shall be so altered varied or transposed as aforesaid or as near thereto as the deaths of parties and other circumstances will permit provided also

And I do hereby declare and direct that the receipt and receipts in writing of the trustees or trustee for the time being of this my Will or any or either of them for any sum of money payable to them or him under or by virtue of this my Will shall be sufficient and effectual discharge and sufficient and effectual discharges for the same respectively or so much thereof as in such receipt or receipts shall be expressed to be received And that the person or persons to whom the same shall be given his her or their heirs executors or administrators shall not afterwards be answerable or accountable for any loss misapplication or non application or be obliged or concerned to see to the application of the money therein expressed to be received provided always

And I do hereby declare my Will to be that if the said Mary Curtis George Joseph Curtis John Edward Curtis and John Eaton Joyner or any or either of them or any future trustee or trustees to be appointed as is hereinafter mentioned shall happen to die or be desirous of being discharged of and from or refuse or decline or become incapable to act in the trusts hereby in them reposed before the same shall be fully accomplished then and in such case and so often as the same shall happen it shall and may be lawful to and for the surviving or continuing trustees or trustee or in case there shall be no surviving trustee then for the executors or administrators of the last surviving trustee by any deed or writing to be by him or them sealed and delivered in the presence of and to be attested by two or more credible witnesses to nominate and appoint a new trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or declining or becoming incapable to act as aforesaid

And that when and as often as any new trustee or trustees shall be nominated and appointed as aforesaid all the trust estates monies securities funds and premises shall be thereupon with all convenient speed conveyed assigned and transferred in such sort and manner and so that the same shall and may be legally and effectually vested in the surviving or continuing trustees or trustee of the same trust estates monies funds and premises and such new trustee or trustees jointly or if there shall be no continuing trustee of the same trust estates monies funds and premises in such new trustees wholly to for and upon such and the same trusts intents and purposes as are herein before expressed or declared of or concerning the said trust estates monies funds and premises as aforesaid or such of them as shall be then subsisting and capable of taking effect and that such new trustee or trustees shall and may in all things act and assist in the management carrying on and executing the trusts to which he or they shall be so appointed as fully and effectually to all intents and purposes whatsoever And shall have and be invested with the same powers and authorities as if he or they had been originally in and by this my Will nominated a trustee or trustees for the purpose which such new trustee or trustees respectively shall be appointed a trustee or trustees provided also

And it is my will and mind and I do hereby declare that it shall and may be lawful to and for the said Mary Curtis George Joseph Curtis John Edward Curtis and John Eaton Joyner and every future trustee or trustees so to be appointed as is herein before mentioned their and every of their heirs executors administrators and assigns by and out of all or any of the monies which by virtue of this my Will shall come to their or any or either of their hands to deduct retain to and reimburse themselves and to pay to their cotrustees and executors all such costs charges and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of this my Will or any of the trusts herein contained And also that each of them and their respective executors and administrators shall be charged and chargeable only for and with his and their own respective ? payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his or their hands by virtue of this my Will nor with or for any loss or damage which may happen in or about the execution thereof or any of the trusts hereby declared without his or their respective wilful default

In witness whereof I the said George Curtis have at the foot or end of this my Last Will and Testament as well as to the last twelve preceding sheets (the whole whereof is contained in thirteen sheets of paper) set my hand this eighteenth day of February in the year of our Lord one thousand eight hundred and forty one
Geo Curtis

This Will was ? by the said George Curtis at the foot or end thereof and at the foot of the twelve preceding sheets in the presence of us being both present at the same time who at the request and in his presence and in the presence of each other have subscribed our names as witnesses
...Sutton...Basinghall St, London
Wm Prudence

Proved at London the 6th Nov. 1847 before the Worshipful Augustus Frederic Bayford Doctor of Laws and Surrogate by the oaths of George Joseph Curtis and John Edward Curtis the sons the surviving executors to whom admon was granted having been first sworn duly to administer.


PCC Will (Prerogative Court of Canterbury)
PROB 11/2064 :- CURTIS, George, Farmer, Essex, 6th Nov 1847

Acknowledgement to the
The National Archives

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