THE WILL OF CHARLES HOWLETT

Ipswich PRO Will Register IC/AA2/135/438

Researched by Trevor Askew 15th Aug 1998, 3rd October 1998, 12th October 1998.

 

287/ 60 folios - This is the last Will and Testament of me Charles Howlett of Chelmondiston in the County of Suffolk Yeoman made this eighth day of March One thousand eight hundred and fifty nine I appoint my friends Charles Sulley of Chelmondiston Gentleman and John Dunnett of Holbrook in the said County Bricklayer Executors of this my Will I will and direct that all my just debts funeral and testamentary expenses shall be fully paid by my said Executors as soon as conveniently can be after my decease I give and devise unto my son William Howlett of Chelmondiston aforesaid Mariner and to his heirs All those my two messuages or tenements with the outhouses yards gardens hereditaments and appurtenances thereunto belonging situate at Pin Mill in the parish of Chelmondiston aforesaid and now in the respective tenures or occupations of the said William Howlett and of -------------Turner To hold the same unto and to the use of my said Son the said William Howlett his heirs and assigns for ever And I give and devise unto my Daughter in law Mary the Wife of William Shilling of Chelmondiston aforesaid Mariner and her heirs All that my messuage or tenement with the outhouses yard garden herditaments and appurtenances thereunto belonging situate in the parish of Chelmondiston aforesaid and now in the occupation of the said William Shilling To hold the same unto and to the use of the said Mary Shilling her heirs assigns for ever But in case my said Daughter in law the said Mary Shilling shall be dead at the time of my decease then I give and devise the same last mentioned messuage or tenement with the outhouses yard garden heritaments and appurtenances thereunto belonging unto and to the use of every and all the child and children of her the said Mary Shilling who shall be not subject to any special or other conditions or stipulations relative to the title or evidence of title or otherwise as they or her may think proper and that they or he shall have full power to buy in all or any part of the same messuages or tenements and real estate and also to rescind and annul or alter the terms conditions and stipulations of any contract which may at any time or times be entered into respecting the sale of the same or any part or parts of the same and afterwards to resell the hereditaments and premises so bought in or the contract or contracts for the sale whereof shall be so rescinded or annulled at any future auction or by private contract with the like liberty of again buying rescinding annulling or altering the terms of any contract or contracts as often as occasion shall require without being answerable for any loss expence or diminution in price that may be sustained in consequence thereof and also to convey and assure the said messuages or tenements hereitaments and real estate when sold to the purchaser or purchasers thereof his her or their heirs or assigns or to such uses and in such manner as he she or they shall direct or appoint and I will and declare that the said Charles Sulley and John Dunnett and the survivor of them and the executors and administrators of such survivor or other the Trustees or trustee for the time being of this my Will do and shall stand and be possessed of the Moines to be received by them or him from the sale or sales hereinbefore directed to be made of my said messuages or tenements hereditaments and real estate hereinbefore divised upon trust for sale and directed to be sold as aforesaid and of such rents and profits as may be received by them or him in the meantime Upon the trusts and to and for the intents and purposes hereinafter expressed and contained of and concerning the same I give and bequeath unto the said Charles Sulley and John Dunnett their executors and administrators All my household goods and furniture plate linen china books prints pictures and household effects and all my monies and securities for money debts to me due and owing and all other my personal estate and effects whatsoever and wheresoever upon the trusts and for the intent and purposes hereinafter expressed and contained of and concerning the same that is to say Upon trust that the said Charles Sulley and John Dunnett or the survivor of them or the executors or administrators of such survivor or other the trustees or trustee for the time being of this my Will do and shall permit and suffer my said dear wife to have the use and enjoyment of all my said household goods and furniture plate linen china books prints pictures and housekeeping affects for and during the term of her life And upon further muat that like Trustees and trustee for the time being of this my Will do and shall as soon as conveniently can be after my decease collect get in and convert into money all other my personal estate which shall not consist of money or be invested on such security as they or he shall deem it desirable to continue so invested and do and shall stand and be possessed of the monies to arise and be received by them or him from such collection getting in and conversion and of such securities if any as they or he shall deem it desirable to continue Upon the trusts and to and for the intents and purposes following that is to say As to for and concerning the sum of One Hundred Pounds part of the said trust monies and premises Upon trust for my said son the said William Howlett to whom I give and bequeath the same accordingly for his absolute use and benefits And as to for and concerning the sum of Fifty pounds further part of the said trust monies and premises Upon trust for my said Daughter in law the said Mary Shilling to whom I give and bequeath the same accordingly for her absolute use and benefit But in case my said Daughter in law the said Mary Shilling shall be dead at the time of my decease then I will and direct that the Trustees or Trustee for the time being of this my Will do and shall stand possessed of the same sum of Fifty pounds In trust for every and all the child and children of my said Daughter in law the said Mary Shilling who shall be living at the time of my decease to be equally divided between them share and share alike if more than one person as tenants in common and if there shall be but one such child then upon trust for that one child and as to for and concerning the like sum of Fifty pounds further part of the said trust monies and premises Upon trust for William Knight a Laborer in one of the Dock Yards in London ( a son of my said wife ) to who I give and bequeath the same accordingly for his absolute use and benefit And as to for and concerning all the rest and residue of the said trust monies and premises Upon trust that the Trustee or trustee for the time being of this my Will do and shall invest the same or continue the same invested in their or his names or name at interest in or upon some or one of the public or Parliamentary stocks or funds of Great Britain or on Mortgage of freehold or copyhold lands or other hereditments situate and being in that part of Great Britain called England or in Wales which said stocks funds and securities it shall be lawful for them or him to alter vary and transpose as they or he shall from time to time in their or his direction think fit and do and shall pay to or permit and suffer my said wife or her assigns to receive and take the interest dividends and annual produce thereof during three term of her life for her or their absolute use and benefit And from and immediately after the decease of my said Wife Upon trust that the Trustees or trustee for the time being of this my Will do and shall in their or his discretion make sale and absolutely dispose of all the said household goods and furniture plate linen china books prints pictures and household effects And upon further trust that the trustees or Trustee for the time being of this my Will do and shall stand and be possessed of the monies to arise and be received from such sale or sale and of all the said residue of my said trust monies and premises so directed to be invested for the benefit of my said Wife and her assigns for her life as aforesaid and of the stocks funds and securities in or upon which the same shall be invested and the interest dividends and annual produce thereof and also of the monies to be received by them or him from the sale or sales hereinbefore directed to be made of my said messuages or tenements hereditaments and real estate hereinbefore devised Upon trust for sale and directed to be sold as aforesaid and of such rents and profits thereof as may be received by them or him in the meantime Upon the trusts and to and for the intents and purposes hereinafter expressed and contained of and concerning the same that is to say As to for and concerning one equal fifth part of all the same trust monies and premises Upon trust for my said Son the said William Howlett to who I give and bequeath the same accordingly for his absolute use and benefit And I declare that such bequest of the same one equal fifth part of all the same trust monies and premises is made by me and shall be taken as cumulative and in addition to the said legacy of One hundred pounds hereinbefore by me given and bequeathed to my said son And as to and concerning one other equal fifth part of all the said trust monies and premises Upon trust for my Granddaughter Emma Howlett ( the child of my late son Samuel Howlett ) to who I give and bequeath the same accordingly for her absolute use and benefit and as to and concerning one other equal fifth part of all the said trust monies and premises Upon trust for my Granddaughter or reputed Granddaughter Caroline Howlett a child or reputed child of my late son Charles Howlett born before his marriage with his late Wife and for my Grandchildren Charles Howlett Louisa Howlett Harriet Howlett Ellen Howlett and George Howlett ( the five other children of my said late son Charles Howlett ) to be equally divided between the said Caroline Howlett and the said Charles Howlett Louisa Howlett Harriet Howlett Ellen HOWLETT and George Howlett ( the said five other children of my said son Charles Howlett ) share and share alike as tenants in common And as to and concerning one remaining two equal fifth parts of all the said trust monies and premises In trust for Eliza Mullett and Sarah Mullett ( Daughters of my said Wife ) equally to be divided between them share and share alike as tenants in common Provided always and I do hereby will and declare that in case any one or more of them the said William Howlett Emma Howlett Eliza Mullett Sarah Mullett and Caroline Howlett or any or either of them the said Charles Howlett, Louisa Howlett, Harriet Howlett, Ellen Howlett and George Howlett the said children of my said son Charles Howlett ) shall die in my lifetime leaving a child or children of him her or them respectively so dying and who shall be living at the time of my decease or both alive in due time afterwards then the trustees or Trustee for the time being of this mt Will do and shall stand possessed of the said share or shares respectively hereby given to such of them the said William Howlett, Emma Howlett, Eliza Mullett, Sarah Mullett, Caroline Howlett, Charles Howlett, Louisa Howlett, Harriet Howlett, Ellen Howlett and George Howlett respectively so dying as aforsaid of and in the said trust monies and premises In trust for the child or children of such of them the said William Howlett, Emma Howlett, Eliza Mullett, Sarah Mullett, Caroline Howlett, Charles Howlett, Louisa Howlett, Harriet Howlett, Ellen Howlett and George Howlett respectively so dying in my lifetime. But so nevertheless that the child or children of any of them the said William Howlett, Emma Howlett, Eliza Mullett, Sarah Mullett, Caroline Howlett, Charles Howlett, Louisa Howlett, Harriett Howlett, Ellen Howlett and George Howlett so dying in my lifetime shall take and if more than one equally as tenants in common the share or respective shares only which the parent or respective parents of such child or children so taking would have taken if living at the time of my decease Provided also and I do hereby further will and declare that in case any one or more of them the said William Howlett, Emma Howlett, Eliza Mullett, Sarah Mullett, Caroline Howlett, Charles Howlet, Louisa Howlett, Harriet Howlett, Ellen Howlett and George Howlett shall die in my lifetime without leaving any child of him or them respectively who shall be living at this time of my decease or born alive in due time afterwards the the Trustees or Trustee for the time being of this my Will shall stand possessed of the share or shares respectively hereby given to such of them the said William Howlett, Emma Howlett, Eliza Mullett, and Sarah Mullett respectively so dying in my lifetime of and In the said trust monies and premises In trust for the others or other of them the said William Howlett, Emma Howlett, Eliza Mullett and Sarah Mullett who shall be living at the time of my deceases and for such one or more of them the said Caroline Howlett and the said five other of my said Grandchildren the children of my said Son Charles Howlett as shall be living at the time of my deceases equally to be divided between or among them share and share alike as tenants in common But nevertheless my Will is and I do hereby declare that the said Caroline Howlett and the said five other children of my said Son Charles Howlett shall for the purposes of this present proviso be considered as one person only in case two or more of them the said Caroline Howlett and such other five children of my said Son Charles Howlett and any one or more of them the said William Howlett, Emma Howlett, Eliza Mullett and Sarah Mullett shall be living at the time of my decease and shall in that case take equally between them the same share only of the share or shares respectively hereby given to such of them the said William Howlett, Emma Howlett, Eliza Mullett and Sarah Mullett respectively so dying as the survivor or as each of the survivors of them the said William Howlett, Emma Howlett, Eliza Mullett and Sarah Mullett as the case may be shall take in the same share or shares Provided also and I do hereby further will and declare that in case any one or more of them the said Caroline Howlett and the said five other children of my said Son Charles Howlett shall die in my lifetime without leaving a child or children of her him or them respectively so dying and who shall be living at the time of my decease or born alive in due time afterwards but leaving one or more of her his or their Brothers and Sisters or reputed Brothers or Sisters him her or them respectively surviving then the Trustees or trustee for the time being of this my Will do and shall stand possessed of the share or shares respectively hereby given to such of them the said Caroline Howlett and the said five other children of my said Son Charles Howlett so dying as aforesaid of and in the said trust monies and premises In trust for the other or others of them the said Caroline Howlett and the sais five other children of my said Son Charles Howlett as shall be living at the time of my decease if more than one equally to be divided between or among them share and share alike Provided also and I do hereby further will and declare that in case all of them the said Caroline Howlett and the said five other children of my said Son Charles Howlett shall die in my life time without leaving a child or children of her him or them respectively so dying and who shall be living at the time of my decease or born alive in due time afterwards then the Trustees or Trustee for the time being of this my Will do and shall stand possessed of the share or shares respectively hereby given to such of them the said Caroline Howlett and the said five other children of my said Son Charles HOWLETT so dying as aforesaid of and in the said trust monies and premises In trust for such one or more of them the said William Howlett Emma Howlett Eliza Mullett and Sarah Mullett as shall be living at the time of my decease if more than one equally to be divided between or among them share and share alike Provided also and I do hereby will and declare that after the decease of my said Wife it shall be lawful for the trustees Or Trustee for the time being of this my Will to pay and apply the dividends interest and yearly produce of the share for the time being of each of them the said Emma Howlett, Eliza Mullett, Sarah Mullet,t Caroline Howlett, Charles Howlett, Louisa Howlett, Harriett Howlett, Ellen Howlett and George Howlett And of each child of the said William Howlett incase he shall die in my lifetime as aforesaid of and in the said trust monies and premises or in the discrection of the said trustees or trustee a part only of the same interest dividends and yearly produce in for or towards the maintenance clothing and education of the said Emma Howlett, Eliza Mullett, Sarah Mullett, Caroline Howlett, Charles Howlett, Louisa Howlett, Harriett Howlett, Ellen Howlett and George Howlett and of such child respectively of the said William Howlett during his and her respectively minority And also for the said Trustees or Trustee in their or his discrection to advance and apply any part not exceeding one half of the share for the time being of either or any of them tha said Emma Howlet, Eliza Mullet, Sarah Mullett, Caroline Howlett, Charles Howlett, Louisa Howlett, Harriet Howlet, Ellen Howlett and George Howlett and of the said children of the said William Howlett if he shall die in my lifetime as aforesaid of and in the said trust monies and premises in for or towards his her or them respective advancement or preferment in the World And I will and declare that upon payment of any money to arise by the said sale or sales of my said messuages or tenements hereitaments and real estate hereinbefore devised upon trust for sale and directed to be sold as aforesaid or any part or parts thereof and by the sale or sales of my personal estate hereinbefore directed to be sold or any part or parts thereof and also upon payment of any monies in about or relating to any other trust power or authority herein contained or any transaction matter or thing in anywise relating to the said trust estates or any part or parts therof respectively it shall and may be lawful to and for the said trustees or trustee for the time being of this my Will to give and sign a receipt or receipts for the money or monies respectively so paid and such receipt and receipts respectively shall be a sufficient discharge and sufficient discharges to the person or persons paying the same monies respectively for the monies for which the same respectively shall be so given or for so much thereof as in such receipt or receipts respectively shall be acknowledged or expressed to be received and the person or persons paying the same monies respectively and taking such receipt or receipts for the same as aforesaid shall not afterwards be obliged to see to the application or be in anywise answerable for any loss misapplication or nonapplication of such monies respectively or any part thereof I give and devise unto and to the use of the said Charles Sulley and John Dunnett and their heirs All estates vested in me as a trustee in fee or Mortgage in fee but subject tot he several trusts and equities which do or shall affect the same estates Provided always and I do hereby declare that in case the said Charles Sulley and John Dunnett or either of them or any succeeding or other Trustees or trustee of the said trust estates and premises shall die in my lifetime or after my decease or shall continue to reside out of the united kingdom for the space of more than twelve calendar months or shall refuse to accept or desire to reign or become incapable to act in all or any of the trusts aforesaid it shall and may be lawful for the surviving or continuing trustees or trustee of the premises the trustee or Trustees of which shall so die continue to reside out of the United Kingdom refuse to accept desire to resign or become incapable to act as aforesaid or if there shall be no such surviving or continuing trustee than for the executors or administrators of the last surviving trustee from time to time and when and so often as occasion shall require by any deed or writing under their or his hands and seals or hand and seal to nominate and appoint some other fit and proper person or persons to be a trustee or trustees in the place of such trustees or trustee for the time being who shall die or continue to reside out of the United Kingdom or refuse to accept or desire to resign or become incapable to act as aforesaid and immediately upon such nomination and appointment all the said trust estates and premises shall be forthwith conveyed assigned transferred and assured to and in such manner as that the same may be lawfully and effectually vested in such new trustees or trustee either jointly with the surviving or continuing Trustee or Trustees or solely as the case may require to the uses upon the trusts and for the ends intents and purposes hereinbefore declared And thr trustees or trustee so to be nominated and appointed shall and may either before or after such conveyance assignment transfer and assurance act in perform and exercise all and singular the trusts and powers herein contained the same in all respects as if they or he respectively had been originally nominated and appointed trustees or Trustee in or by this my Will Provided also and I do further declare that my said Executors and trustees hereby appointed and the Trustees or Trustee to be appointed by virtue of the provisions lastly hereinbefore contained and each and every of them and the heirs executors administrators and assigns of them respectively shall be charged and chargeable only for such money as they or he respectively shall actually receive by virtue of the trusts hereby in him and them reposed nowithstanding his or their or any of their 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 nor for any involuntary loss whatsoever And that it shall be lawful to and for them or him respectively by and out of the monies which shall come to his or 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 Cotrustee or Cotrustees all costs charges and expences whatsoever which he or 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 trusts orin relation thereto And hereby revoking all former Wills Codicils and other testamentary dispositions by me at any time heretofore made I do declare this to be my last Will and testament In Witness whereof I have to each of the ten sheets of paper containing this my Will subscribed my name the day and year first above written

The mark X Charles Howlett

Signed and declared by the said Testator Charles Howlett as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses thereto .//. S.B. Jackaman, Sol c/ Ipswich .//. Richard S.S.Hudson, Clerk to Mr Jackaman

This is a Codicil to the last Will and Testament of me Charles Howlett of Chelmondiston in the County of Suffolk Yeoman which Will bears date the eighth day of March One Thousand eight hundred and fifty nine Whereas I have in and by my said Will given and bequeathed amongst other things unto my friends Charles Sulley and John Dunnett their executors and administrators All my household goods and furniture plate linen china books prints pictures and household effects Upon trust that the said Charles Sulley and John Dunnett or the survivor of them or the executors or administrators of such survivor or other the Trustees or trustee for the time being of that my Will did and should permit and suffer my Wife Eliza Howlett to have the use and enjoyment of my said household goods and furniture plate linen china books prints pictures and housekeeping effects for and during the term of her life and from and immediately after the decease of my said Wife Upon trust that the Trustees or Trustee of my said Will should in their or his disrection make sale and absolutely dispose of all the said household goods and furniture plate linen china books prints pictures and household effects and stand possessed of the monies to arise from such sale or sales as in my said Will is mentioned And whereas I am desirous to bequeath the same household goods and furniture plate linen china books prints pictures and housekeeping effects to my Wife absolutely Now therefore I do hereby revoke the said bequest of the same household goods and furniture plate linen china books prints and pictures and household effects tot he said Charles Sulley and John Dunnett and do give and bequeath the same to my said Wife the said Eliza Howlett for her absolute use and benefit And in all other respects I confirm my said Will and I direct this Codicil shall be taken as part thereof In Witness whereof I have hereunto set my hand and subscribed my name this twenty sixth day of May 1865

The mark of X Charles Howlett

Signed by the said Charles Howlett by his making his mark ( he being unable to write ) and declared by him to be a Codicil to his last Will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witness thereto this Codicil having been first read over to him by each of us and he seemed perfectly to understand the same .//. T.G. Beaumont, Clerk Rector of Chelmondiston, Suffolk .//. Jn Dunnett, Bricklayer, Holbrook Suffolk

Testator died 7 October 1865

Proved 13 November 1865 by John Dunnett one of the Executors .//. Power reserved for Charles Sulley the other Executor .//. Effects under £1500 .//. Charles Sulley renounced 24th April 1866 .//. Examined

Chamberlain

 

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