Will of Alexander von Mayersbach 18 September 1797
Proved 19 February 1798

This is the last will and Testament of me Alexander von Mayersbach of Saville Row in the County of Middlesex

I give and bequeath unto my dear wife Sarah Mayersbach the sum of fifty pounds to be paid within one month after my decease

and I give and bequeath unto my said dear wife all and singular my household furniture plate linen china books wines and liquors to and for her own use

and I give and bequeath unto my son Charles Mayersbach if now living the sum of fifty pounds to be paid to him out of the residue of my estate within one month after he shall claim the same but without any interest on such legacy

and as to all the rest residue and remainder of my estate and effects whatsoever and wheresoever and of what nature or kindsoever after payment of my debts funeral expences and the legacies hereby given I give devise and bequeath the same unto

upon trust to call in collect and retrieve all and every such part and parts of my said estate and effects as shall not consist of stocks or funds upon government securities and lay out and invest the same in the purchase of such stocks or funds in their names and my will is that my said trustees shall stand possessed of all and singular such stocks or funds and residue of my estate upon the trusts and for the intents and purposes herein after mentioned that is to say as to nine equal tenth parts of such residue (the whole into ten equal parts to be divided)

In trust to pay and apply the yearly interest and dividends of such nine tenth parts from time to time as the same shall become due and payable unto my said wife Sarah Mayersbach or permit and authorise her to receive the same for and during the term of her natural life provided she shall so long continue my widow she thereon maintaining and educating my children

and from and after the decease of my said wife or in case my said wife shall marry again after my decease which shall first happen upon trust to pay and apply the said yearly interest and dividends of such nine tenth parts of such residue or so much thereof as shall be necessary for the maintenance and education of my said three children until they shall attain their respective ages of twenty one years and upon their respectively attaining that age in case my said wife shall be then dead or have married again upon trust to pay apply and divide the whole of the said yearly interest and dividends unto and amongst my said three children respectively in equal shares and proportions for and during the term of their respective natural lives and from and after the decease of either of my said three children having a child or children lawfully begotten Then upon trust to pay and apply the interest and dividends of the respective third part or share of each of my said children so dying of and in the said stocks or funds or so much of such interest and dividends as shall be necessary for and toward the maintenance and education of all and every the child or children of such of my child so dying until he she or they shall respectively attain the age of twenty one years and upon their respectively attaining such age then upon Trust to pay apply transfer and dispose of such respective third part of share of the principal of such stocks or funds unto and amongst all and every such child or children equally to be divided between them share and share alike But in case either of my said children shall die without leaving any child or children or leaving such and he she or they shall all die under the age of twenty one years then upon trust to pay apply and dispose of the principal and interest of the respective third part or share of the said stocks of such of my said three children so dying unto and amongst the child or children of the survivor or survivors of my said three children in such and the same amount? and at the same time as their original third parts or shares are directed to be paid and applied and in case all my said three children shall die without leaving any child or children or leaving such and he she or they shall all die under the age of twenty one years then upon trust to pay apply transfer and dispose of the said principal and interest of such stocks or funds unto my next of kin according to the statute for distribution of intestates estates (except my said son Charles Mayersbach and his children)

provided always and my will further is that in case either of my said three children

shall after attaining the age of twenty one years marry or be otherwise desirous to live apart from their said mother and not be maintained by her if she shall then continue my widow as aforesaid my said trustees and the survivor of them and the executors and administrators of such survivor do and shall pay and apply the sum of fifty pounds per annum out of the dividends and interest to arise from the said stocks or funds unto each of my said three children who shall so marry or live apart for and during the life of my said wife if she continue my widow and my child or children shall also so long live to be paid by half yearly payments as and when the interest and dividends on such stocks become payable

and I give the care tuition and guardianship of my children during their minority unto my said dear wife

and as to the remaining one equal tenth part of the residue of my estate and the stocks or securities wherein the same shall be invested in trust that my said trustees shall pay apply and dispose of the yearly interest and dividends thereof as and when the same shall become due and payable unto my son Alexander Mayersbach or permit and authorise him to retrieve the same for and during the term of his natural life to and for his own use and benefit

and from and after the decease of my said son Alexander then upon trust to pay apply and dispose of such yearly interest and dividends or so much thereof as shall be necessary for the maintenance and education of all and every the child and children of my said son lawfully begotten until they shall respectively attain the age of twenty one years and upon their respectively attaining such age then upon trust to pay apply transfer and dispose of the principal of my said sons share of such residue of my estate and the stocks or funds wherein the same shall be invested unto and amongst all and every such child and children of my said son Alexander equally to be divided between them share and share alike and if my said son shall die without leaving any child or children lawfully begotten than I direct that his said share shall be sunk? into and become a part of the residue of my estate my said son having received from me at different times considerable sums of money is my only reason for not making a larger provision for him by this my will provided always

and I do hereby will and declare that it shall and may be lawful to and for the said

to sell and dispose of the said stocks and securities or any part thereof and to lay out and invest the money to arise from the sale thereof in the names of them the said in such like stock or publick funds or in government or upon real securities and from time to time to alter and vary the same as they in their discretion shall think most conducive to the benefit of the parties interested in the same

provided also that when and so often as the said

shall die or be desirous to be discharged of and from the execution of the aforesaid trusts it shall and may be lawful to and for the said to nominate? and appoint any other person or persons to be a trustee or trustees for the purposes aforesaid instead of such trustee or trustees so dying or being desirous to be discharged from the trusts hereby in them reposed and the said trust monies shall thereupon be assigned and transferred so as the same may be vested in such new trustee or trustees and such new trustee or trustees together with the former acting trustee or trustees shall from thenceforth stand possessed of the said trust monies upon the trusts aforesaid or so many of them as shall be then existing and capable of taking effect as fully and effectually as if he or they had been originally named

provided also and my will is that they the said

shall be charged and chargeable only for such monies as they shall respectively actually receive and the one of them shall not be answerable or accountable for the other or others of them or for the receipts neglects? or defaults of the other or others but each only for his and their own acts? receipts neglects? or defaults neither shall they my said trustees for the time being be answerable or accountable for the insufficiency or deficiency of any security or securities in which the said trust money or any part thereof may happen to be put or placed in the execution of the aforesaid trusts or in relation thereof except the same shall happen by or through his her or their wilful defaults respectively

and also that my said trustees for the time being and each of them their and each of their executors and administrators shall and may by and out of the monies that shall come to their respective hands by virtue of the trusts aforesaid retain to and reimburse herself himself and themselves respectively and allow to her his and their co trustees and trustees all such costs charges and expenses which they or any of them shall or may respectively sustain expend disburse be at or be put unto in or about the execution of the trust hereby in them reposed or in any wise relating thereto

and I do hereby ?nominate coinstitute? and appoint

executrix and executors of this my will hereby revoking all former and other wills by me at any time or times heretofore made and I do declare this to be my last will and testament in witness whereof I have to this my last will and testament contained in four sheets of paper to the first three sheets thereof set my hand and to the fourth and last sheet set my hand and seal this eighteenth day of September in the year of our Lord one thousand seven hundred and ninety seven

Alexander von Mayersbach

signed sealed published and declared by the said testator Alexander von Mayersbach 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

This Will was proved at London the nineteenth day of February in the year of our Lord one thousand seven hundred and ninety eight before the worshipful Charles Coote doctor of laws surrogate of the Right Honorable Sir William Wynn Knight also doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of three of the executors named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn duly to administer

Power reserved of making the like grant to John Hanson the other executor named in the said will when he shall apply for the same.

Source: The National Archives; Prerogative Court of Canterbury and Related Probate Jurisdictions: Will Registers; Class: PROB 11; Piece: 1302
Source: Ancestry.com. England & Wales, Prerogative Court of Canterbury Wills, 1384-1858