HN10/370/Smith1

Copy of the will of Charles Hervey Smith of Aspley Guise, Beds, esquire and Lieutenant Colonel in the Army proved on 31st Oct 1857. Directing: - Body to be buried in parish church of Holcut, Beds. I give to: - Wife Frances Smith all household furniture, linen carriages, horses live and dead stock for her life at my dwelling at Aspley Guise with power to dispose. All personal estate subject to payment of just debts and payment of 100 to daughter Maria Dale and a payment of 1000 to the trustees under the marriage settlement of my daughter Julia Downes and which sum on her marriage was secured to her by me and payable at my decease. And also subject to a sum of 500 to my son-in-law Edward Atkins Wood, esquire being the balance of a loan of 1000 due from me to him. I devise: (a) Cottage at Aspley Guise called The Shubbery with land adjoining to son Charles Hervey Smith and daughter Maria Dale. (b) Freehold estate at Stoke in the County of Warwick to brother Edward Orlebar Smith, clerk and to sons CHS and Villiers Shallot Chernocke Smith. Upon trust that they should, at a time they think fit, sell the Stoke estates and invest the clean surplus in parliamentary stocks and securities, and pay the dividends, interests and annual proceeds unto FS. Upon further trust to pay the trustees under the marriage settlement of daughter FD with Edward Atkyns Wood the sum of 1000 and the trustees of the said marriage settlement of JD the said sum of 1000 and to the trustees under the settlement made on the marriage of daughter Emma Jemima Barbara with Humphrey Brandreth, esquire 2000. Upon further trust that all residue from the Stoke estates shall be invested for MD and her executors. (c) Real estates at Aspley Guise that have not been before specifically mentioned and in Salford and Holcut, Beds to EOS and sons CHS and VSCS. In trust to allow wife, FS to occupy the same during her natural life. Upon trust for CHS but subject to an annuity or yearly sum of 20 to son VSCM. After the decease of CHS to the trust/use of the children of CHS. And if CHS has no children, upon trust for son VSCS subject to annuity of 60 to daughter JD. After the decease of VSCM to the trust/use of the children of VSCM. And if VSCS has no children, real estate at Aspley Guise to all daughters of testator. And if VSCS has no children, real estates at Salford and Holcut to daughter JD After the decease of JD to be divided between her children. And if CHS gets given his fathers estate in Aspley Guise, then he is allowed to appoint unto and to the trust of any women he marries an annual sum not exceeding 100. (d) All real estates in Kites Hardwick in the several parishes of Dunchurch, Thurlaston and Leamington Hastings in the County of Warwick to EOS and to sons CHS and VSCS. Subject to annuity of 150 to wife FS charged on the real estate by a marriage settlement made between testator and FS. Subject to 1500 being a mortgage debt. Upon trust for son VSCS. After the decease of VSCS to the trust/use of the children of VSCS. And if VSCS has no children, upon trust for son CHS. After the decease of CHS to the trust/use of the children of CHS. And if CHS has no children to be divided between all testators daughters. And if VSCS gets given his fathers estates in Warwick, then he is allowed to appoint unto and to the trust of any women he marries any annual sum not exceeding 100. If VSCS dies before testator then his wife Constance, (and after the decease of testators wife) shall be entitled to an annuity of 100 charged on the estate (e) All estates that, at the time of testators decease shall be vested upon the testator on trusts by the way of mortgages to EOS, CHS and VSCS. Trustees have power to sell and lease any estate in Aspley Guise, Salford, Holcut or Kites Hardwick if any parties that are going to acquire land are yet of age. Upon trust that they invest the profits in Parliamentary Stocks or Public Funds of Great Britain subject to the same conditions and trusts as outlined for the estates at Stoke in the County of Warwick. Appointment of wife, FS and two sons, CHS and VSCS as executors.

12 Jul 1855

From: 1855 To: 1857

item

Smith, Francis,
Dale, Maria,
Smith, Maria Dale,
Downes, Julia,
Wood, Edward Atkins,
Smith, Edward Orlebar,
Smith, Villiers Shallet Chernocke,
Atkins, Julia,
Barbara, Emma Jemima,
Brandreth, Humphrey,
Smith, Constance

Charles Hervey will: Smith, lieutenant colonel, CHURCH, burial, marriage settlements, cottages, annuities, debt, ASPLEY GUISE, Holcott, Aspley Guise The Shubbery, Stoke [Warwickshire], SALFORD, Kites Hardwick, Dunchurch, Thurlaston [Warwickshire], Leamington Hastings