This is the last will and testament of me James Bain of George Street Croydon in the County of Surrey Gentleman
First I do hereby revoke and make null and void all former and other Will or Wills Codicil and Codicils by me heretofore made and declare this to be my last Will and Testament
I direct that all my just debts funeral and testamentary charges and expenses be duly paid and satisfied and subject thereto I dispose of all such property that I may be possessed of interested in or entitled unto at the time of my decease in manner following (that is to say)
I give and bequeath unto my dear wife Mary Ann Bain all that Messuage or Tenement and premises situate in Great Park Street Kennington Cross in the County of Surrey aforesaid and now in the occupation of Mr. Terrance Norton to hold the same unto my said wife Mary Ann Bain her Executors administrators and assigns for and during all the rest residue and remainder of the term of years to come therein subject to the payment of an apportioned ground rent of Two pounds per annum and to the performance of the convenants provisoes and agreements in the Lease under which I hold the said premises
I do hereby give and bequeath unto my daughter Eliza the wife of Francis Trowell all that Messuage or tenement and premises situate in Great Park Street aforesaid now or late in the occupation of James Lawrence to hold the same unto my said daughter Eliza the wife of the said Francis Trowell her Executors administrators and assigns for and during all the residue and remainder of the term of years to come therein subject to the payment of an apportioned ground rent of Two pounds per annum and to the performance of the convenants provisoes and agreements in the Lease under which I hold the said premises
I do hereby give and bequeath unto my daughter Emma Bain all that Messuage or tenement oil shop and premises situate in Great Park Street aforesaid now in the occupation of Mr. Double As also the Messuage or tenement No. 82 in the occupation of the Widow of Geo. Wm. Bain To hold the same unto my said daughter Emma Bain her executors administrators and assigns for and during all the residue and remainder of the term of years to come therein subject to the payment of an apportioned ground rent of one pound per annum and to the performance of the convenants provisoes and agreements in the Lease under which I hold the said premises
I do hereby give and bequeath unto my daughter Mary Ann wife of George Smith late Mary Ann Bain All those my two several Leasehold messuages or tenements Grocers Shops and premises situate at the corner of Great Park Street Kennington Cross aforesaid now in the occupation of Mr. Cole and Mr. Gillan to hold the same unto my said daughter Mary Ann Wife of George Smith late Mary Ann Bain for and during all the residue and remainder of the term of years to come therein Subject to the payment of an apportioned ground rent of Five pounds per annum and to the performance of the convenants provisoes and agreements in the Lease under which I hold the said premises
I do hereby give and bequeath unto my dear wife Mary Ann Bain and William Inkpen of Croydon aforesaid Coachmaster All that my leasehold messuage or dwellinghouse situate in Park Place Kennington Cross in the County of Surrey now or late in the occupation of George Smith CoachBuilder together with the Cottage Shed and outbuildings adjoining thereto also in the occupation of the said George Smith and which were formerly the Coach house and Stables belonging to the said dwellinghouse and which said premises are on Lease to the said George Smith Subject to the rent and convenants therein reserved and contained to hold the same unto them the said Mary Ann Bain and William Inkpen and the survivor of them and the executors administrators and assigns of such survivor for and during all the residue of the term of years to come therein Subject to the said underlease upon trust to receive the rents issues and profits thereof from time to time and after payment of the Ground rent and charges of keeping the said premises in repair and insured from fire to pay and apply the net proceeds in and towards the maintenance and education of my Son James Bain until he shall attain his age of Twenty one years and when he shall attain that age then I do hereby give and bequeath the said Leasehold premises unto my said Son James Bain for and during all the rest residue and remainder of the term of years then to come therein Subject to the payment of the ground rent and performance of the convenants in the Lease under which I hold the said premises to and for his own use and benefit and I do direct my said Trustees and Executors to deliver over the original Lease of the said premises to my said Son James Bain accordingly
and I do hereby give and bequeath unto my Grandsons William Bain James Bain and George Bain children of my deceased Son George William Bain late of Park Street Kennington Cross aforesaid Glassmake the sum of Nineteen pounds nineteen shillings each to be paid to them on their severally attaining their age of Twenty one years
Whereas the messuages or tenements and premises herein before devised and bequeathed were devised to me the said James Bain by certain Indentures of Lease granted by the Attorney General and Officers of the Duchy of Cornwall Now I do hereby direct that my Executrix and Executor hereinafter named shall have custody of all and every of the deeds and writings relating to the aforesaid Messuages tenements and premises so devised and bequeathed as aforesaid and my said Executrix and Executor as aforesaid shall permit the said Legatees the executors administrators or assigns to have at all reasonable times free access thereto and shall at their request be furnished with Copies of the same he or they paying a reasonable price for the same
I do hereby also give devise and bequeath unto my said daughter Eliza the wife of the said Francis Trowell All that my freehold messuage or tenement dwellinghouse and premises with appurtenances thereto belonging situate at Broad Green Croydon in the County of Surrey in the occupation of William Miles to hold the same unto and to the use of my said daughter Eliza the wife of the said Francis Trowell her heirs and assigns for ever
Then I do also give devise and bequeath unto my said wife Mary Ann Bain All that my Copyhold land messuage or tenement and premises with the appurtenances situate and being at Broad Green Croydon aforesaid to hold the same unto and to the use of my said wife Mary Ann Bain for and during the term of her natural life at the will of the Lord of the Manor of Croydon according to the custom of the said Manor and which Copyhold premises I some time since purchased of Messieurs Blake and from and after the decease of my said wife Mary Ann Bain then I do hereby direct the said William Inkpen to proceed to a Sale thereof by Public Auction or Private Contract as he shall think fit or be advised and after deducting all costs charges and expenses I do hereby direct that the surplus thereof shall be divided unto and between my Children Eliza the wife of the said Francis Trowell Emma Mary Ann the wife of George Smith and James share and share alike with benefit of survivorship
Then I do hereby also give devise and bequeath unto my said wife Mary Ann Bain and William Inkpen and the survivor of them all that and those my several other Freehold Copyhold and Leasehold messuages or tenements land and hereditaments with the appurtenances situate lying and being in the Old Town Croydon or elsewhere in the County of Surrey not herein by me specifically devised or bequeathed to hold the same unto and the the use of the said Mary Ann Bain and William Inkpen and the survivor of them and the heirs executors administrators and assigns of such survivor according to the different tenures and qualities thereof respectively subject nevertheless and without prejudice to the before mentioned bequests upon trust to receive the several yearly and other rents issues and profits thereof from time to time as and when the same shall become due and payable and thereout in the first place to pay the costs charges and expenses of keeping the said premises in repair and insured from loss or damage by fire and after such payment to pay the residue thereof unto my said wife Mary Ann Bain for and during the term of her natural life to enable her to support maintain educate and bring up my children and unmarried daughters as far as the same will extend to do so and from and after the decease of my said wife Mary Ann Bain then I do hereby direct that the said William Inkpen within Six months after provided he should see proper or be advised to sell and dispose of my said Freehold Copyhold and Leasehold messuages or tenements lands hereditaments and premises with the appurtenances either by Public Auction or Private Contract for the most money that can be had or gotten for the same and the net proceeds thereof after deducting all proper and necessary charges and expenses I do hereby direct shall be divided unto and between my Children Eliza the wife of Francis Trowell Emma Mary Ann the wife of George Smith and James share and share alike with benefit of survivorship and I do hereby direct that the receipt or receipts of my said Trustees and Executors shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers of my said Freehold Copyhold and Leasehold messuages or tenements lands hereditaments and premises and every part or parts for so much of the purchase money as shall therein be acknowledged or expressed to be received and that such purchaser or purchasers shall not afterwards be obliged to enquire into the neccessity of any such sale or sales
Then I do hereby give and bequeath unto my said wife Mary Ann Bain and my said daughter Emma Bain All those my two leasehold messuages or tenements and premises situate in Vauxhall Street Kennington Lane in the County of Surrey to hold the same unto my said wife Mary Ann Bain and my said daughter Emma Bain their executors administrators and assigns as joint tenants for and during all the rest residue and remainder of the term of years in the Lease under which I hold the said premises subject to the payment of the ground rent and the charges of keeping the said premises in repair and to the performance of the convenants in the said Lease reserved and contained
Then I do hereby give devise and bequeath unto my wife Mary Ann Bain and William Inkpen of Croydon aforesaid Coachmaster All that Freehold cottage and premises situate at Waddon in the County of Surrey in the occupation of Joseph Hooker to hold the same unto and to the use of them the said Mary Ann Bain and William Inkpen and the survivor of them and the heirs and assigns of such survivor upon trust to receive the rents and profits thereof from time to time as and when the same shall become due and payable and after payment of any outgoings charges of keeping the premises in repair and insured from fire to pay over the net proceeds thereof to my Son James Bain for and during the term of his natural life
Then I do hereby give and bequeath unto the said Mary Ann Bain and William Inkpen All that my Copyhold Messuage tenement dwellinghouse and premises with the appurtenances situate in Addiscombe Road Croydon in the County of Surrey and in the occupation of Mrs. Francis and held by me of the Lord of the Manor of Croydon to hold the same Copyhold premises unto and to the use of the said Mary Ann Bain and William Inkpen and the survivor of them and the heirs and assigns of such survivor at the will of the Lord according to the custom of the said Manor Upon trust to receive the rents and profits thereof from time to time as and when the same shall become due and payable and after payment of any outgoings charges of keeping the said premises in repair insured from fire to pay the net proceeds half yearly unto my said wife Mary Ann Bain for and during the term of her natural life and from and after the decease of my said wife Mary Ann Bain then I do hereby direct my surviving executor the said William Inkpen to divide the net proceeds half yearly unto and between my three daughters Mary Ann the wife of George Smith late Mary Ann Bain Emma Bain and Eliza the wife of Francis Trowell from time to time for and during the term of their natural lives or the life of the longest liver of them independent of any husband they or either of them may have or shall or may at any time hereafter intermarry with who shall not intermeddle or have anything to do therewith and do direct that the same shall not be subject or liable to the power control debts or engagements of any such husband and I do hereby direct that upon the decease of the survivor of my said daughters then I do hereby direct that the said Mary Ann Bain and William Inkpen and the survivor of them, and the heirs and assigns of such survivor do and shall forthwith proceed to a Sale of the said Copyhold hereditaments either by Public Auction or Private Contract for the best price that can be obtained for the same and after payment of all charges and expenses then I do hereby direct the net proceeds to be divided between all and every the child and children of my said daughters Mary Ann the wife of George Smith late Mary Ann Bain Emma Bain and Eliza the wife of Francis Trowell or such of them as shall be then living share and share alike with the benefit of survivorship and I do hereby direct that the purchaser or purchasers thereof shall not be bound to see to the application of the purchase money or to enquire into the veracity of any such sale but that the receipt of the said Mary Ann Bain and William Inkpen and the survivor of them and the heirs and assigns of such survivor shall be a good and sufficient receipt and discharge to such purchaser or purchasers thereof
Then I do hereby give devise and bequeath unto my said daughter Eliza the wife of the said Francis Trowell All that my Freehold messuage or tenement dwellinghouse and premises with the appurtenances situate in the Old Town Croydon in the said County of Surrey late in my own occupation but now of Mrs. Sarah Simmonds Grocer to hold the same unto and to the use of my said daughter Eliza the wife of the said Francis Trowell her heirs and assigns for ever
Then I do hereby give devise and bequeath unto my said daughter Mary Ann the wife of George Smith All that my Freehold Messuage or Tenement dwellinghouse and premises with the appurtenances situate in the Old Town Croydon in the said County of Surrey now in the occupation of Cooper Baker to hold the same unto and to the use of my said daughter Mary Ann the wife of George Smith her heirs and assigns for ever
Then I do hereby give devise and bequeath unto my daughter Emma Bain All that my Freehold Messuage or tenement dwellinghouse and premises with the appurtenances situate at Broad Green Croydon in the said County of Surrey now in the occupation of William Etherington to hold the same unto and to the use of my said daughter Emma Bain her heirs and assigns for ever
And I do hereby authorise and direct my said Trustees and Executors or the survivor of them to grant any Leases of the whole or any part of my Freehold and Copyhold Messuages or tenements lands hereditaments and premises for any term or number of years in possession and not in reversion and for the best and most improved annual rent that can be obtained for the same without taking any fine or premium for the granting of such Lease or Leases
And as to my household furniture plate linen china and all other the rest residue and remainder of my Leasehold messuages or tenements debts due and owing to me and all and whatsoever personal property that I shall die possessed of intererested in or entitled unto at the time of my decease I do hereby give and bequeath the same unto my said wife Mary Ann Bain to and for her own use benefit and disposal absolutely
and lastly I do hereby nominate constitute and appoint my said wife Mary Ann Bain and William Inkpen of Croydon aforesaid Coachmaster Trustees and Executrix and Executor of this my Will and do give unto the said William Inkpen for the trouble he may have in the execution of this my Will the sum of Ten pounds
In witness whereof I the said Testator James Bain have to this my last will and Testament contained in seven sheets of paper set my handwriting and name to the first six sheets thereof and my handwriting name and seal to this seventh and last sheet thereof this Twenty third day of November in the year of our Lord One thousand eight hundred and fifty - the mark and seal of X James Bain (SEAL HERE) signed sealed published and declared by the said Testator James Bain as and for his last Will and Testament in the presence of us who at his request in his presence and the presence of each other have subscribed our names as witnesses hereto the interlineations against which our initials are placed having been first made Henry Chester Solicitor No. 1 Church Row Newington Butts - James Paine Clerk to Messrs Chester & Son Solicitors Same Place
Proved at London about 20 July 1853 - Page not copied
Public Record Office Reference: PROB11/2175