FRANCIS HENDERSON WILL – formatted

This is the last will and testament of me Francis HENDERSON of Larkhall Lane, Clapham in the County of Surry [sic], Gentleman.

I appoint my son the Reverend Thomas HENDERSON and my daughter Elizabeth Mary HENDERSON to be executor and executrix and trustees of this will.

I bequeath my two leasehold houses at 12 and 13 Portland Place, Clapham Road in the County of Surry and my leasehold house in the occupation of Samuel BELL on Stockwell Green in the same County and all my other leasehold property (if any) unto my said executor and executrix and the survivor of them and the executors and administrators of such survivor and their, his or her assigns for all my [true?] estate and as far as therein respectively to the intent that they may by and out of the costs, issues and profits thereof or of so much or such parts thereof as they shall deem advisable or by said mortgage of the same houses and premises or part or parts thereof  pay and discharge all my just debts and liabilities, funeral and testamentary expenses.

And after such payments upon trust to pay the costs, issues and profits of the said houses and premises or the annual income to arise from the surplus, profits of any sale or mortgages as afore said unto my two daughters Elizabeth Mary HENDERSON and Matilda HENDERSON in equal shares during their join natural lives for their own respective use and benefit.  And from the decease of either of my said daughters to pay the said costs, issues, profits and income unto the survivor of them my said daughter during her natural life for her own use and from and after the decease of the survivor of them my said daughters to stand possessed of my said leasehold houses and premises and the surplus monies aforesaid for my son William HENDERSON and my said son Thomas HENDERSON in equal shares.

I bequeath all the rest, residue and remainder of my property and effects whatsoever and wheresoever unto my said two daughters Elizabeth Mary HENDERSON and Matilda HENDERSON in equal shares.

I empower my trustees to give receipts for all monies and effects to be paid or delivered to such trustees by virtue of my will and declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the money or other  effects therein mentioned.

I direct my trustees may deduct and mutually allow to each other all disbursements and other expenses incident to the execution of my will and shall be responsible for his and her own acts and defaults and irresponsible for losses occurring without wilful neglect or default.  And [they] shall be indemnified with or out of my trust property against all liabilities consequential on the execution of my will.

I direct that neither my son Thomas HENDERSON nor my daughter Elizabeth Mary HENDERSON any person to be appointed a trustee who shall cease to be resident in England shall continue to be a trustee.  And that any and every vacancy in the trusteeship of my will occasioned by the disclaimer, resignation, residence or death shall be supplied as soon as may be by the appointment [of] a fit substitute resident in England by the competent trustees or trustee for the time being if any whoever retiring from the office of trustee or not if now by my legal representative or representatives for the time being.

And on every such appointment my trust property transferrable at law shall  be legally vested by proper conveyance and my trust property not transferrable at  Law shall be equitably vested by force of the appointment itself in the new trustees either alone or as the case may require jointly with the continuing or surviving trustee.

In witness whereof I have hereunto set my hand this 20th day of January in the year of our Lord one thousand eight hundred and forty eight

Francis Henderson.

Signed by the said Francis HENDERSON the testator as and for his last will and testament in the presence of us, present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses

Edwd J Stephenson 12 Great George Street, St James Park  Wm Keeley  His clerk

PROVED at London 15th January 1849 the Worshipful William Robinson, Doctor of Laws and Surrogate by the oath of the Reverend Thomas HENDERSON Clerk, son, one of the executors to whom administration was granted having been first sworn duly to administer.  Power reserved of making the like grant to Elizabeth Mary HENDERSON, Spinster, the daughter, the other executor [sic] when she shall apply for the same.

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