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Wills

BAIJER OTTO-BAIJER 1826

[Because this is an exceptionally long will, I have highlighted all names to make navigation easier when looking for a particular legatee - JSL]


This is the Last Will and Testament of Baijer Otto Baijer of Bentinck Street Manchester Square in the County of Middlesex Esquire

I desire that my funeral expenses and the costs of proving this my will and all the just debts that I shall owe in England at the time of my decease respectively be paid out of my personal Estate in England

I give all my wines and other liquors furniture plate linen china books maps pictures prints sculptures and articles of value watches jewellery and wearing apparel of every kind soever in England unto Eliza Mason of Beel House Amersham in the County of Bucks widow and Langford Lovell of Hursley near Winchester in the County of Southampton Esquire in equal proportions and as to the Residue of my personal Effects and Estate in England of whatever kind whether consisting of debts monies at my Bankers or in my own hands or of parliamentary or other stocks funds or securities or otherwise I devise that the same may be divided or shared and considered as divided into four equal parts and I give and dispose of the same in manner following

That is to say I give one of such fourth parts unto the said Eliza Mason her Executors Advisors and Assigns but in case of her death in my life time then I give the same fourth part unto her four children Henry William Mason of Beel House aforesaid Esquire Eliza the wife of Isaac Eeles of Oak Lodge near Stanmore in the County of Middlesex Esquire Ann the wife of William Merry the younger of Earls Terrace Kensington Esquire and Mary Harriet Mason of Beel House aforesaid Spinster and their respective Executors Advisors and Assigns to be equally shared between them but in case any or all of the said four children of the said Eliza Mason shall die in my life time then the said fourth part to be divided between such of her said four children who may survive both her and me but in case only one such child shall so survive then to belong to such sole surviving child absolutely

And as to the other equal fourth part of my residuary personal Estate in England I give the same unto the said Langford Lovell his Executors Advisors and Assigns but in case he shall die in my life time then I give the same fourth part unto Harriet Hersent the wife of the said Langford Lovell and Ann Lovell Spinster his daughter and their respective Executors Advisors and Assigns to be equally divided between them but in case not only the said Langford Lovell but also either of his said wife and daughter should die in my life time then I give the whole of the said last mentioned fourth part of my residuary personal Estate in England unto that one of the wife and daughter of the said Langford Lovell who shall survive both him and me

And as to the two remaining equal fourth parts of my said residuary personal Estate in England I desire that the same be subdivided or considered as subdivided into five equal parts or shares and I give and dispose of the said subdivided fifth parts or shares in manner following

That is to say as to out of such subdivided fifth parts I give the same unto Ann Okes widow of Doctor Thomas Okes of the City of Exeter Devon deceased her Executors Advisors and Assigns

And as to the other of such subdivided fifth parts I give the same unto the said Eliza Mason and Langford Lovell their Executors Advisors and Assigns upon the trusts following

That is to say upon trust to pay the dividends and interest of the same unto such person or persons my sister Edith the wife of John Watkins Esquire shall from time to time direct or appoint and in default of such appointment then into her own hands for her own sole use and benefit separate and apart from her present or any future husband and so that the same may not be subject or habit to his respective debts contracts forfeitures or engagements and so that the receipts of the said Edith Watkins or her appointee or appointees may be effectual discharges for the said dividends and interest and after the decease of the said Edith Watkins then upon trust to assign transfer and pay the principal of the said fifth part or share unto such person or persons and in such parts shares and proportions and for such intents and purposes as the said Edith Watkins notwithstanding her being under coverture and as well when under coverture as sole by her last Will and Testament in writing or any writing in the nature of or purporting to be her last Will and Testament or any Codicil thought to be by her respectively signed and published in the presence of and attested by two or more reliable witnesses shall direct or appoint and in default of and subject to every or any such direction or appointment then as to so much and such portion of the said fifth part as shall be unappointed by the said Edith Watkins and also so much of the dividends and interest thereof as may have accrued but in her life time and as may not have been appointed or received by her I give the same unto the person or persons who at the decease of the said Edith Watkins shall be of her blood and in kin to her and who either in his her or their own right of his her or their own representation would be entitled to the same under the Statutes for the distribution of the Effects of Intestates in case the said Edith Watkins had died intestate and without being under coverture and if there shall be more than one such person then to be divided between them in such parts shares and proportions as they would be entitled to the same under the said Statutes

And as to the other of the said subdivided fifth parts I give the same unto Henry Cooper Baijer Otto Cooper Frances Cooper and Mary Ann the wife of Thomas Archer Esquire being the children of my deceased sister Mary Cooper the wife of John Cooper of Henley in the County of Oxford Esquire deceased and their respective Executors Advisors and Assigns to be equally divided between them but so that in case any or either of the said children of my late sister Mary Cooper shall die in my life time then the said last mentioned subdivided fifth part shall be divided between those who may survive me and in case only one of such children shall survive me then to belong to such sole surviving child absolutely

And as to the other of the said subdivided fifth parts I give the same unto the said Eliza Mason and Langford Lovell their Executors Advisors and Assigns upon the trusts following that is to say upon trust to pay the dividends and interest of the same unto the appointee or appointees of or for the sole use and benefit of Elizabeth the wife of Thomas Sercombe Esquire separate and apart from her said present and any future husband and so that the receipts of the said Elizabeth Sercombe or her appointees may be effectual discharges in like manner as hereinbefore declared regarding the life interest by me given for the sole and separate use and benefit of my sister Edith Watkins and after the decease of the said Elizabeth Sercombe then as to the principal of the said subdivided fifth part and so much of the dividends and interest thereof as may accrue but during her life and as may not be appointed or derived by her as aforesaid I give the same unto John Sercombe Edward Sercombe Isaac Sercombe Baijer Otto Sercombe and Ann Sercombe the children of my sister Elizabeth Sercombe and their respective Executors Advisors and Assigns to be equally divided between them but so that in case any or either of the said children of my sister Elizabeth Sercombe shall die in my life time then the said last mentioned subdivided fifth part and all such unappointed or unreceived dividends and interest thereof shall subject to the life interest of my said sister Elizabeth Sercombe be divided between such of her said children who may survive me and in case only one of her said children shall survive me then to belong to such sole surviving child absolutely

And as to the other or remaining subdivided fifth part I give the same unto the said Eliza Mason and Langford Lovell their Executors Advisors and Assigns upon the trusts following that is to say upon trust to pay the dividends and interest of the same unto the appointee or appointees of or for the sole use and benefit of my sister Barbara the widow of Robert Patch late of the City of Exeter Surgeon deceased separate and apart from any future husband and so that the receipts of my said sister may be sufficient discharges and in like manner as hereinbefore declared concerning the life interests given to my sisters Watkins and Sercombe and after the decease of the said Barbara Patch then as to the principal of the said last mentioned subdivided fifth part and so much of the dividends and interest thereof as may become due during her life and as may not be appointed or received by her as aforesaid I give the same unto her children Robert Patch John Patch William Otto Patch Sophia the wife of the Reverend Collyns Charlotte the wife of George Bignell Esquire of the Royal Navy Louisa Patch Amelia Patch and Emma Patch and their respective Executors Advisors and Assigns to be equally divided between them but so that in case any or either of the children of my said sister Barbara Patch shall die in my life time then the said last mentioned fifth part shall be divided between such of her said children as may survive me and in case only one of her said children shall survive me then to belong to such sole surviving child

And for facilitating the Execution of the trusts hereinbefore declared concerning my said residuary personal Estate I give the same residuary personal Estate unto the said Eliza Mason and Langford Lovell their Executors Advisors and Assigns upon the trusts hereinbefore declared concerning the same and I authorise and empower the said Eliza Mason and Langford Lovell and the survivor of them his or her Executors or Advisors and other the trustee or trustees to come or succeed in his her or their stead for the purpose of performing the said trusts or any of them to see and dispose of or convert into money all or such portion of the same residuary personal Estate as he she or they shall think fit and to effect such sale or conversion whether by public auction or private contract and to invest all or such portion as he she or they may think proper of the monies to arise from the sale and conversion of my said Residuary personal Estate in England at Interest in his her or their names in the public stocks or funds or upon Government or Real Securities in England or Wales and from time to time at his her or their discretion to alter and vary the said stocks funds and securities as occasion may require or as he she or they may think fit

And furthermore I give devise and bequeath all and singular my Real and personal Estate in the Island of Antigua in the West Indies unto and to the use of the said Eliza Mason and Langford Lovell their heirs Executors Advisors and Assigns according to the respective natures and qualities of the same respectively nevertheless upon the trusts hereinafter expressed that is to say upon trust that the said Eliza Mason and Langford Lovell or the survivor of them his or her heirs Executors or Advisors or other the Trustee or Trustees to come or succeed in his her or their stead do and shall when and as he she or they shall judge most Eligible at any time or times within the period of two years from my decease call in and convert into money all such part of my said personal Estate in Antigua as shall not consist of money and sell and dispose of my said Real Estate in Antigua either altogether or in lots or parcels and by public auction or private contract or partly in each such mode as he she or they may think proper and with full liberty unto and for the said Trustee or Trustees for the time being to buy in or rescind the contract or contracts for sale of all or any part or parts of the same Real and personal Estates respectively and to sell the same in or by all or any of the modes or means aforesaid without being answerable for any loss or expense to be occasioned thereby and I do hereby authorize and direct the Trustee or Trustees for the time being of my said Real and personal Estates in Antigua for the purpose of effecting and completing such sales to enter into make and execute all such contracts covenants agreements assignments assurances acts such matters and things whatsoever as to them him or her shall seem meet and I authorize and empower the said Trustee or Trustees to deduct retain and satisfy unto and for himself herself or themselves the costs charges and expenses of and attendant upon the sale and conversion of the said Real and personal Estates in Antigua and otherwise in or upon the Execution of the Trusts hereby declared of and concerning the said Real and personal Estate in Antigua and the product thereof and also to pay and discharge all the debts that I may owe in Antigua at the time of my decease and after deducting retaining satisfying and paying the costs charges expenses and debts aforesaid then I direct that clear surplus of the monies to arise from the sale and reversion of my said real and personal Estates in Antigua shall be divided and subdivided into the same or the like shares and proportions as hereinbefore declared concerning my residuary personal Estate in England and I give the same clear surplus unto and for the benefit of the same persons and for the like shares ownerships and interest and subject to the like trusts and residuaries as I have given such residuary personal Estate in England or the product thereof of the Investments therefrom and I authorize and empower the said Trustee or Trustees to lay out and invest any such portion or portions of the said surplus monies arising from the sale of my Real and personal Estates in Antigua as he she or they may consider advisable for the performance of the trusts hereinbefore by way or reference declared concerning the same surplus of Interest in his her or their name or names in or upon all or any such stocks funds and securities as aforesaid and to alter and vary the same stocks funds and securities from time to time as he she or they may think fit and I further authorize and empower the said Trustee or Trustees to manage order and direct my Real and personal Estates in the Island of Antigua until the same respectively shall be sold and disposed of as aforesaid or such part thereof as may remain unsold in such manner as he she or they think proper and after in the first place retaining deducting and satisfying unto and for himself and themselves out of the rents issues and profits of the said Real and personal Estates in Antigua all such rents charges and Expenses as he she or they may expend or be put into in or about the management of the same Estates I direct that the clear surplus of the said rents issues and profits shall be divided and subdivided into the like shares and proportions as hereinbefore by reference declared concerning the product of the sale of my said Real and personal Estate in Antigua and shall according to such proportions be paid to and divided between the persons who for the time being would be entitled to the clear product of the sale of the same Estate or to the dividends and Interest of the Investments therefrom

And I give and devise unto the said Eliza Mason and Langford Lovell their heirs Executors Advisors and Assigns all the Estates either in England or Antigua which at the time of my decease shall be vested in me upon any trusts or by way of mortgage or of which I have power to dispose by this my will with their respective Appurts to hold the said Estates unto the said Eliza Mason and Langford Lovell their heirs Executors Advisors and Assigns respectively according to the nature and quality of the same respectively nevertheless upon the trusts and subject to the equity of redemption which at the time of my decease shall be subsisting and capable of taking effect therein respectively but the money returned on such mortgages to be taken and considered as part of my personal Estate in England and I do hereby authorize and empower the Trustee or Trustees for the time being of this my will to settle and adjust all amounts which shall or may be open or depending between me and any person or persons at the time of my decease and to receive or pay the balance or balances which shall appear to be due and owing to or from me and also if he she or they shall think fit so to do to compound any debt or debts which may be due to me at the time of my decease and to accept and take such composition for the same as he she or they think advisable and on receipt of all the debts due or owing to me or any such composition for the same as aforesaid to give such releases and discharges for the same as shall be proper and also to submit any such accounts or debts as aforesaid to arbitration and to release compound for or otherwise act in relation to the same as the arbitrator shall award and generally manage and get in my said debts and all my personal Estate and Effects in England or Antigua in such manner as the said Trustee or Trustees shall think most for the advantage of the parties beneficially interested therein under the bequests and trust hereinbefore contained and I hereby further direct that for the purpose of facilitating the Execution of all or any of the trusts of this my will it shall be lawful for the Trustee or Trustees for the time being thereof to appoint the other of them or any other person or persons his her or their attorney or attorneys to act in the exercise or Execution of the trust and powers hereby given or confided as far as respects the sale disposition conversion collection or realization of all or any of my Real and personal Estate in Antigua hereby directed to be sold or the management or cultivation of any of my Estates there and to enter into any contract or contracts for sale and to execute any conveyance or conveyances for carrying the same sale or sales into effect and making compositions and referring differences to arbitration and giving receipts and other discharges for the purchase money and that the Trustee or Trustees so deputing or appointing another of them or any other person or persons shall not be in any manner answerable or accountable for any act or acts which shall be done or any money which shall be received by virtue of such authority since I consider it beneficial to the persons interested in the product of my trust properly that such authority should be given when and as often as it shall be deemed expedient as a means of facilitating the Execution of the trusts of this my will and providing against any Inconvenience in the residence of both or either of my Trustees at a distance from that place at which the trusts are to be most conveniently carried into effect

And my will further is that the person or persons who shall become the purchaser or purchasers of all or any part or parts of my Real and personal Estates in England or Antigua and who shall pay his her or their purchase money or monies to the person or persons who for the time being shall be the acting trustee under this my will or to any attorney or attorneys to be appointed as aforesaid or who now have or hath or from time to time shall or may have all or any part of my personal Estates in England or Antigua or any trust monies or rents or profits forming part or being the product of my Estates respectively in his her or their hand or hands or upon securities given or to be given by him her or them shall not be obliged or required to see the application or disposition of the same purchase trust or other monies or any part thereof or the Interest dividends or annual income thereof or any part thereof after payment of the same to the person or persons who for the time being shall be acting Trustee or Trustees under this my will or to such attorney or attorneys to be appointed as aforesaid or be answerable or accountable for the misapplication of the same money or any part thereof by him or them and that every receipt which shall be given for the purchase trust or other monies or any part thereof or the Interest dividends and income of the same or any part thereof by the person or persons who for the time being shall be the acting Trustee or Trustees under this my will or any attorney or attorneys to be appointed as aforesaid shall be a good effectual and sufficient acquittance and discharge for all and every sum and sums of money which therein and thereby respectively shall be acknowledged or expressed to be or to have been received provided always

And my will further is that in case both or either of them the said Eliza Mason and Langford Lovell or any Trustee or Trustees to be appointed under this present provision or come or succeed in their place shall depart this life or be desirous of being discharged of and from the aforesaid trusts or shall go to reside beyond seas with any other design than the Execution of any of the trusts aforesaid or shall neglect or refuse or become incapable to act in the said trusts before the said trusts shall be fully executed and performed then and in that case and as soon as often as the same shall happen it shall be lawful for the acting Trustee for the time being or the last acting Trustee his Executors or Advisors to nominate any fit person or persons to supply the place of the Trustee or Trustees respectively so dying desiring to be discharged or going to reside beyond seas or refusing or neglecting or becoming incapable to act as aforesaid and that immediately after every such appointment the trust Estate monies and Effects which under and by virtue of this my will shall be or have been vested in the Trustee or Trustees so dying desiring to be discharged or going to reside beyond seas or refusing neglecting or becoming incapable to act as aforesaid and shall then be subject to the trusts of this my will shall be conveyed assigned and transferred so and in such manner that the same may rest in such new Trustee or Trustees jointly with the surviving or confirming trustee or solely as the case may require and in his or their heirs Executors Advisors and Assigns upon the trusts hereinbefore expressed and declared of and concerning the same and that every such new Trustee either before or after such conveyance assignment or transfer shall be made or executed shall have or may exercise the same powers privileges and authorities as if he had been appointed a Trustee by this my will and as if his name had been herein inserted instead of the name of the Trustee hereby appointed in or to whose place such new Trustee respectively shall come or succeed provided also

And my will also is that the said Trustees nominated and appointed and also the Trustees to be appointed by virtue of the provision last hereinbefore contained and each and every of them and their heirs Executors Advisors and Assigns of each and every of them respectively shall be charged and chargeable only for such monies as the same Trustees respectively shall actually receive by virtue of the trusts hereby reposed in him and them 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 any or either of them for the acts receipts neglects or defaults of the other or others of them but each and every of them only and respectively for his own acts receipts neglects or defaults respectively and that they or any of them shall not be answerable or accountable for any Banker broker agent factor consigned attorney or other person with whom or in whose hands any part of the said issues profits or trust monies shall or may be deposited for safe custody or through whose hands the same may pass or otherwise in the Execution of the trusts hereinbefore contained and that they or any of them shall not be answerable or accountable for the risk or fall in the price or value of stocks on the insufficiency and deficiency in title or value 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 his or their own wilful default respectively and then and in that case each person respectively shall singly and alone be answerable for such loss or damage as shall arise from his or her own default and also that it shall and may be lawful to and for the said Trustees in this my will named and such future Trustee or Trustees to be appointed as aforesaid and every or any of them their and every of their heirs Executors Advisors and Assigns by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain and reimburse to and for himself and themselves respectively and also to allow to his and their entrustee all costs charges damages expenses and fees to counsel for advise which they or any of them shall or may suffer sustain expend disburse lay out be at or be put unto in or about the Execution of the aforesaid or in relation thereunto and also to settle adjust and allow the account of any Trustee or Trustees who shall depart this life or be desirous of being discharged of and from the aforesaid trusts or who shall reside beyond seas or shall neglect or refuse or become incapable to act in the said trusts and in whose place or stead a new Trustee or Trustees shall be appointed as aforesaid and also to receive and give discharges for the money which appear to be the balance of the same accounts without any responsibility in the person or persons paying the same money to set the application thereof or to be answerable or answerable for the misapplication or nonapplication of the same

And I appoint the said Eliza Mason and Langford Lovell to be the Executrix and Executor in trust of this my Will and hereby revoke every or any other will or Testamentary Instrument by me heretofore made or executed and declare this to be my last Will and Testament

In witness whereof I the said Baijer Otto Baijer the Testator have to this my last Will and Testament and to a duplicate thereof and contained in thirteen sheets of paper set my hand and seal that is to say my hand to the first twelve sheets and my hand and seal to this thirteenth and last sheet this seventh day of October in the year of our Lord one thousand eight hundred and twenty six

[SIGNATURE:] Baijer Otto Baijer

Signed sealed published and declared by the said Baijer Otto Baijer 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 subscribed our names as witnesses thereto -

GEO. LAW Lincolns Inn
JAMES BARRATT clerk to Mr. Law
JOHN M. HARWOOD clerk to Smith Lake and Wilkinson 10 Lincolns Inn



This is a Codicil to my Will

In my said Will I have directed my Executors to sell my Real and personal Estate in the Island of Antigua with two years after my decease

But I hereby declare my will to be that my said Executors shall not be compelled to sell my said Real and Personal Estate in the Island of Antigua within any particular time and I hereby authorize and empower them to dispose of the same then only when they shall think most fit

As witness my hand and seal this seventeenth day of March in the year of our Lord one thousand eight hundred and twenty eight

[SIGNATURE:] Baijer Otto Baijer

Signed sealed and delivered by Baijer Otto Baijer in the presence of us and in the presence of each other -

JOHN SMITH
SARAH SMITH
JOHN PALMER



This is a Codicil
to be added to and taken as part of the last Will and Testament of Baijer Otto Baijer of Bentinck Street Manchester Square in the County of Middlesex Esquire bearing date the seventh day of October one thousand eight hundred and twenty six

Whereas I have by my said will directed the residue of my personal Estate in England to be divided or considered as divided into four equal parts and after disposing of two of such equal fourth parts in the manner therein expressed I have directed the two remaining fourth parts of my said Residuary Estate in England to be subdivided or considered as subdivided into five equal parts or shares and as to one of the said subdivided fifth parts I have given the same unto Henry Cooper Baijer Otto Cooper Frances Cooper and Mary Ann the wife of Thomas Archer Esquire being the children of my deceased sister Mary Cooper the wife of John Cooper of Henley in the County of Oxford Esquire deceased and their respective Executors Advisors and Assigns to be equally divided between them but so that in case any or either of the said children of my late sister Mary Cooper should die in my life time then the said last mentioned subdivided fifth part should be divided between those who might survive me and in case only one of such children should survive me then to belong to such sole surviving child absolutely

And whereas I have also by my said will directed the clear product to arise from the sale and conversion of my Real and personal Estates in the Island of Antigua in my said will mentioned and the rents issues and profits thereof until such sale and conversion to be divided and subdivided unto the same of the like shares and proportions as were therein before by my said will declared concerning my residuary personal Estate in England and I have given the same clear surplus unto and for the benefit of the persons and for the like shares ownerships and Interests and subject to the like trusts and contingencies as I had given such residuary personal Estate in England or the product thereof

Now my will and mind is that in case the said Mary Ann Archer shall survive me then the part share or Interest by my said will given or provided to or for her shall not be paid transferred or assigned to her by shall be paid out by the Trustees of my will in the parliamentary stocks or funds of Great Britain in their names and shall be held and possessed by my said Trustees upon the trusts following that is to say upon trust to pay the dividends and Interest of the same unto such person or persons as the said Mary Ann Archer shall from time to time by any writing or writings under her hand divest or appoint and in default or such appointment then into her own hands for her own sole use and benefit separate and apart from her present or any future husband and so that the same may not be subject or liable to his respective debts contracts forfeitures or engagements and so that the receipt of the said Mary Ann Archer in case she shall have any child or children her surviving then upon trust for and to pay assign and transfer the same part share or Interest and the stocks funds or securities wherein the same shall be invested unto and equally amongst all and every such child and children if more than one as tenants in common and not as joint tenants and if there shall be but one such child then upon trust for and to pay assign and transfer the same unto such only child but in case there shall be no child or children of the said Mary Ann Archer who shall survive her then from and after her decease I give and bequeath the same part share or Interest in the stocks funds and securities whereon the same shall be invested unto Eliza Mason and Langford Lovell Esquire both in my said will named their Executors Advisors and Assigns in equal shares and proportions as tenants in common

In Testimony whereof I have hereunto set my hand and seal this first day of March one thousand eight hundred and thirty

[SIGNATURE:] Baijer Otto Baijer

Signed sealed published and declared by the above named Baijer Otto Baijer as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereupon subscribed our names as Witnesses

GEORGE NOBLE 56 Marylebone Lane Shopkeeper
WILLIAM MILLER THOMAS TINDALL Clerks to Mr. GEO. LAW Lincolns Inn



This is a Codicil
to the last Will and Testament of me Baijer Otto Baijer of Bentinck Street Manchester Square in the County of Middlesex Esquire bearing date the seventh day of October one thousand eight hundred and twenty six

Whereto I have already made and published two other Codicils bearing date respectively the seventeenth day of March one thousand eight hundred and twenty eight and the first day of March one thousand eight hundred and thirty

Whereas since the Execution of my said Will Eliza Mason Harriet Mason late the wife of William Mason Esquire Ann Okes Edith Watkins Barbara Patch and Emma Patch in my said Will respectively named have severally departed this life and Edward Sercombe therein named hath also departed this life leaving two or more children who are now respectively infants and whereas the name of William Sercombe out of the children of my sister Elizabeth Sercombe was intended to be inserted in my said Will among the names of the other children of the said Elizabeth Sercombe but was by mistake omitted

Now I hereby give all my wines and other liquors furniture plate linen china books maps pictures prints sculptures and articles of value watches jewellery and wearing apparel of every kind soever in England unto Langford Lovell in my said Will named for his own absolute benefit and I hereby appoint Thomas Tindal of Lincolns Inn in the County of Middlesex Gentleman to be a Trustee and Executor of my said Will and Codicils jointly with the said Langford Lovell in the place of the said Eliza Mason for the same purposes and with the same powers authorities and discretion and in the same manner in all respects as if the name of the said Thomas Tindal had been inserted in my said Will instead of the name of the said Eliza Mason subject nevertheless to such variations and dispositions as are hereinafter contained and I direct my said Will and Codicils and every clause proviso and declaration therein respectively contained to be read and construed accordingly and hereby give devise and bequeath all my residuary personal Estate in England & all my real and personal Estate in the Island of Antigua in the West Indies unto and to the use of the said Lanford Lovell and Thomas Tindal their Executors Advisors and Assigns according to the respective tenures natures and qualities of the same respectively upon and for the trust’s intents and purposes with under and subject to the powers provisos & declarations upon for with under and subject to which the same respectively would or ought to have been holden under the said Will and Codicils respectively in case the name of the said Thomas Tindal had been inserted in the said Will instead of the name of the said Eliza Mason subject nevertheless to such variations and dispositions as are hereinafter contained

And I hereby declare that the said William Sercombe in case he shall survive me shall be entitled to the same share and interest in the several parts shares and interests by my said Will provided for the said Elizabeth Sercombe and her other children therein named or such of them as shall survive me as he would in the same event have become entitled to in case the name of the said William Sercombe had been inserted in my said Will among the names of such other children and I hereby declare that the said children of the said Edward Sercombe or such of them as shall survive me shall be entitled to the same share and interest in the several parts shares and interests by my said Will provided for the said Elizabeth Sercombe and her children therein named or such of them as shall survive me as the said Edward Sercombe would himself have become entitled to in case he had survived me such share and interest to be divided equally between them if more than one and the portion or respective portions of such of them as shall be under the age of twenty one years at the time of the distribution of the said parts shares and interests respectively to be paid or transferred to his her or their Guardian or Guardians for the time being and I hereby declare that the several parts shares and interests by my said Will provided for the said Ann Okes her Executors Advisors and Assigns and for the said Edith Watkins and her appointees or next of kin shall be subdivided or considered as subdivided into three equal parts or shares and I give the same in manner following that is to say as to out of such subdivided third parts I give the same unto Henry Cooper Baijer Otto Cooper Francis Cooper and Mary Ann Archer in my said Will respectively named or such of them as shall survive me in the same shares and proportions and for the same interests & to be paid transferred and divided in the same manner in all respects as are in and by my said Will and the said Codicil of the first day of March one thousand eight hundred and thirty respectively expressed and directed concerning the parts shares and interests by my said Will provided for them him or her respectively

And particularly I hereby declare that in case the said Mary Ann Archer shall survive me the part share or interest hereinbefore provided for her shall be paid out and held by the trustees of my Will in such manner and upon such trusts for the benefit of the said Mary Ann Archer and her child or children as are in or by the last mentioned Codicil expressed and directed concerning the part share or interest provided for her by my said Will but in case there shall be no child or children of the said Mary Ann Archer who shall survive her then from and after her decease I give and bequeath as well the said part share or interest provided for her by my said Will as the said part share or interest hereinbefore provided for her as aforesaid and the stocks funds and securities whereon the same respectively shall be invested unto the said Langford Lovell his Executors Advisors and Assigns for his and their own benefit

And as to the one other of the said subdivided third parts I give the same unto the said Langford Lovell and Thomas Tindal and their Executors Advisors and Assigns upon such trusts in favour of the appointee or appointees of or for the sole use and benefit of the said Elizabeth Sercombe as are in and by my said Will expressed or referred to concerning the parts shares and interests thereby provided for the said Elizabeth Sercombe and her children therein named or such of them as shall survive me and after the decease of the said Elizabeth Sercombe then as to the principal of the said undivided third part and so much of the dividends and interest there of as may become due during her life and as may not be appointed or received by her I give the same unto John Sercombe Isaac Sercombe Baijer Otto Sercombe and the said children of Edward Sercombe or such of them as shall survive me in the same shares and proportions and for the same interests and to be paid transferred and divided in the same manner in all respects as are in and by my said Will and this present Codicil respectively expressed and directed concerning the parts shares and interests by my said Will provided for the said Elizabeth Sercombe and her children therein named or such of them as shall survive me

And as to the remaining subdivided third part I give the same unto Robert Patch John Patch William Otto Patch Sophia Collins Charlotte Bignell Louisa Patch and Ann Patch in my said Will respectively named or such of them as shall survive me in the same shares and proportions and for the same interests and to be paid transferred and divided in the same manner in all respects as are in and by my said Will expressed and directed concerning the parts shares and interests thereby provided for the said Barbara Patch and her children therein named or such of them as shall survive me

And I hereby declare that in case Eliza Eeles in my said will named shall survive me then the part share or Interest provided for her in that event by my said will shall not be paid transferred of assigned to her but shall be invested by the Trustees or Trustee for the time being of my said will in their or his names or name in any of the parliamentary stocks or public funds of Great Britain and shall be held by the said Trustees or Trustee for the time being upon the trusts following that is to say upon trust during the life of the said Eliza Eeles to pay and apply the dividends and annual product of the same unto such person or persons and for such intents and purposes as the said Eliza Eeles shall from time to time notwithstanding her present or future coverture by any writing or writings under her hand but not so as to dispose of charge or effect the said dividends and annual product by way of anticipation direct or appoint and in default of any such direction or appointment into her own hands for her separate use independently of her present or any future husband and without being in any wise subject to his debts controul interference or engagements for which payments the receipts of the said Eliza Eeles or her appointee or appointees shall be from time to time effectual discharges and after the decease of the said Eliza Eeles that as to the said part share or Interest and the stocks or funds in which the same shall be invested and the Interest dividends and annual product thereof upon trust for all and every of the children or child of the said Eliza Eeles who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry to be divided among such children if more than one in equal shares and if there shall be but one such child the whole to be in trust for that one child but in case there shall be no child of the said Eliza Eeles who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then after the decease of the said Eliza Eeles and such default or failure of children as aforesaid the part share or Interest and the stocks and funds on which the same shall be invested and the Interest dividends and annual product thereof shall be held upon trust for such person or persons and for such intents and purposes as the said Eliza Eeles notwithstanding her present or any future coverture shall by her last Will and Testament in writing or any codicil or codicils thereto or any writing or writings in the nature of or purporting to be a Will or Codicil to be signed and published by her in the presence of and to be attested by two or more reliable witnesses direct or appoint and in default of and until such direction or appointment and as far as every or any such direction or appointment shall not extend in trust for such person or persons as at the decease of the said Eliza Eeles would have become entitled to her personal Estate under the statute for the distribution of Effects of intestates in case she had died unmarried and intestate such persons if more than one to take the shares in which they would have become entitled to such personal Estate

And I hereby give to Mr William Andrews of Crown Row Mile End the sum of two hundred pounds of lawful money of the United Kingdom of Great Britain and Ireland clear of legacy duty to be paid to him within one year of my decease out of my said Residuary personal Estate in England before any division thereof shall be made according to the directions of my said will

And I hereby give and devise unto the said Langford Lovell and Thomas Tindal their heirs Executors Advisors and Assigns all the Estates either in England or Antigua which at the time of my decease shall be vested in me upon any trusts or by way of mortgage and of which I have power to dispose by this present codicil with their respective Appurts to hold the said Estates unto the said Lanford Lovell and Thomas Tindal their heirs Executors Advisors and Assigns respectively allowing to the nature and quality of the same respectively nevertheless upon the trusts and subject to the equity of redemption which at the time of my decease shall be subsisting and capable of taking effect therein respectively but the money secured on such mortgages to be taken and considered part of my personal Estate in England

And I hereby ratify and confirm my said Will and the said several Codicils hereinbefore referred to in all respects wherein the same respectively are not revoked or altered by or inconsistent with this present Codicil in writings whereof I have to this Codicil contained in five sheets of paper that is to say to the first four sheets thereof subscribed my name and to this fifth and last sheet thereof subscribed my name and set my seal this fifteenth day of September one thousand eight hundred and thirty seven

[SIGNATURE]: Baijer Otto Baijer

Signed sealed published and declared by the above named Testator Baijer Otto Baijer as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses -

JAMES HOARE 21 Bentinck Street
FRANCIS BOURDILLON
WILLIAM MILLER Clerks for Messrs Law and Tindal Lincolns Inn



This is a Codicil
to the last Will and Testament of me Baijer Otto Baijer of Bentinck Street Manchester Square in the County of Middlesex Esquire bearing the date the seventh day of October one thousand eight hundred and twenty six whereunto I have already made and published three other codicils bearing date respectively the seventeenth day of March one thousand eight hundred and twenty eight the first day of March one thousand eight hundred and thirty and the fifteenth day of September one thousand eight hundred and thirty seven

I declare that the part share of Interest provided by my said will for Henry William Mason in my said will named in the event of his surviving me shall not lapse in case of his death in my life time but that the same shall notwithstanding his death in my life time be paid to his Executors or Advisors as part of his personal Estate in the same manner as if he had survived me and afterwards died previous to the payment thereof to him by the Trustees of my will provided always

And I declare further that if the sum of four hundred and sixty two pounds three shillings which by mistake was paid to the said Henry William Mason by the Trustees of the will of his father Kender Mason Esquire deceased instead of being paid to the Trustees of the Indenture of Settlement made upon the marriage of the said Henry William Mason with his first wife Mary Heathcote bearing the date the tenth day of April one thousand eight hundred and twenty two and invested in their names upon the trusts of the said Settlement or any part thereof shall at my decease remain unpaid to the trustees of the said Settlement or if the debt or sum of seven hundred and thirty eight pounds principal money now due and owing from the said Henry William Mason to Mr George Law of Lincolns Inn or any part thereof shall remain unpaid by the said Henry William Mason his Executors or Advisors at the time of my decease or if the debt or sum of one thousand eight hundred pounds principal money now due and owing in Bond from the said Henry William Mason to Langford Lovell Esquire in my said will named or any part thereof or the Interest thereof or any part thereof or any other sum or sums of money in which the said Henry William Mason is or may stand indebted to the said Langford Lovell shall remain but to the said Langford Lovell from the said Henry William Mason at the time of my decease then it is my will and I direct that the Trustees of my will do and shall pay and apply the said part share or Interest provided for the said Henry William Mason his Executors and Advisors as aforesaid in manner following

That is so say in the first place in payment and discharge of the said sum of four hundred and sixty two pounds three shillings or such part thereof as at the time of my decease shall or may be due from the said Henry William Mason his Executors or Advisors to the Trustees or Trustee for the time being of the said Settlement of the said fourth day of April one thousand eight hundred and twenty two and in the next place in payment and discharge of so much of the said principal sum of seven hundred and thirty eight pounds as at the time of my decease shall or may be due and owing from the said Henry William Mason his Executors or Advisors to the said George Law provided the amount so due shall not exceed the sum of five hundred pounds but if the amount then due shall amount to or exceed the sum of five hundred pounds then to pay the said George Lawthe sum of five hundred pounds only on account of the said debt and in the next place in payment and discharge of the monies whether principal or Interest which at the time of my decease shall or may be due and owing from the said Henry William Mason his Executors or Advisors to the said Langford Lovell upon or by virtue of the said Bond or otherwise howsoever and as to the surplus only if any which shall remain after the payments before directed do and shall pay the same unto the said Henry William Mason his Executors or Advisors

In witness whereof I have hereunto set my hand and seal this twenty seventh day of April one thousand eight hundred and thirty eight

[SIGNATURE:] Baijer Otto Baijer

Signed and sealed by the above named Baijer Otto Baijer as and for a Codicil to his last Will and Testament (the words fifty and ten in the first and second pages have been first struck out with a pen and the words “sixty” and “three” written over them) before us present together who in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Wm. ANDREWS 44 Crown Row Mile End Road
WILLIAM MILLER Clerk to Messrs. Law and Tindal Lincolns Inn


Proved at London with four Codicils 9th March 1839 before the Worshipful Herbert Jenner Doctor of Laws and Surrogate by the oath of Langford Lovell Esquire the Executor named in the will to whom Admin was granted having been first only to admr. power reserved of making the like grant to Thomas Tindal Esquire the Executor named in the third Codicil when he shall apply for the same


[Transcribed by Jane Sercombe Lewis]