John Bankes Will Transcription

In the Name of the Lord Amen The one and twentieth day of march anno domini one thousand and seven hundred and sixteen and in the third year of the reign of our soveraign lord George by the Grace of God King of Great Britain I John Bankes Citizen and Haberdasher of London being well in body and of sound mind and memory (praised be god for the same) doe make and declare this my last will and testament in manner following ffirst I commend my soul into the hands of my dear redeemer and my body to the earth to be decently interred at the discretion of my executors hereinafter named desiring the same may be in the burying ground in Winchester Parke in Southwark near my first wife and daughter there interred and as to such worldly estate as god in his goodnefs and mercy hath been pleased to bless me with I do hereby give and dispose thereof as followeth imprimis I do hereby give and bequeath. unto my loving friend John Hales of the Inner Temple London Esquire and John Cartlitch Citizen and goldsmith of London my executors hereinafter named all and every my leases buildings lands tenements debts money goods chattells stock and all other my personall estate whatsoever (except all of my estate consisting of severall houses buildings and ground in or near Poultney Street Windmill Street and Princes Street in the Parish of Saint James Westminster and also except all that my estate consisting in houses building and ground in and about George Yard in the parish of St. Mary Matfellon at White Chappell which I hold by thirteen severall leases and also except that all my leasehold estate in Great Queen Street in the parish of St Giles in the fields in the county of Middlesex consisting of four severall mefsuages which I hold by five severall leases and which I have settled on my now wife in marriage for the purposes in such settlement mentioned and the arrears of rent that shall be due for the said premifses in Great Queen Street at the time of my decease and except my household goods and linnen at my dwelling house at Nine Elmes and my plate and rings to hold to my said executors their executors administrators and afsigns upon this speciall trust that my said executors in the first place do and shall out of my said estate so bequeathed as aforesaid pay and satisfie all such debts as shall be from me due at the time of my decease except the sum of ten thousand pounds secured on the said premifses in St James Westminster part whereof is payable to the said John Hales Esq and the other part thereof payable to the said Mr. John Cartlitch with interest from the time of my decease which sum (in case the same shall remain in part or in whole unpaid at my decease) I have otherwise directed the payment of and after the discharge of the expenses of my funerall which I leave to the discretion of my executors and after payment of the severall legacys hereinafter by me bequeathed (that is to say) unto the said John Hales Esq the sum of one hundred pounds which I hereby bequeath to him as an acknowledgement of his singular favour to me and unto the said Mr. John Cartlitch the sum of one hundred pounds which I bequeath unto him as an acknowledgement of his ffriendship Item I bequeath unto my dear and loving wife twenty pounds for mourning Item I bequeath to my sister Elizabeth Hopkins ffive pounds for mourning Item I bequeath to my sister Ann Deane ffive pounds for mourning Item I bequeath unto my cousins hereinafter named (that is to say) to John Rand to the son and daughter of my sister Mary Mitchell to Edmond Hopkins to the son and two daughters of my late brother Joseph Rand to Humphrey Atherton to Esther Grainger and to Daniel Atherton the sum of ffive pounds apiece for their mourning Item I give unto each of my clarkes as shall be living with me at my decease five pounds apiece for mourning Item I give unto each of my maid servants as shall be living with me at my decease ffifty shillings apiece for mourning Item I bequeath unto Mr John Marsh Clarke of the Haberdashers company five pounds for mourning Item I give to the churchwardens and vestry of the parish of St Bennet in London where I now live to be by them distributed to poor housekeepers ten pounds Item I give to the churchwardens and vestry of the parish of Battersea in Surry to be by them distributed to poor housekeepers ten pounds Item I give to the Master and Wardens of the Company of Haberdashers to be by them distributed to such poor of the said company as they shall think most proper objects ten pounds Item I give to Mr Ridley and to the deacons of the congregation of which he is a preacher ffive pounds apiece for mourning to the said deacons to be distributed to such poor of the said congregation as they shall think most proper objects ten pounds and my desire being that a large broad stone be laid over my grave and that there be inscribed thereon an account that my first wife Elizabeth and our daughter Esther and seven other children lie there or near thereunto for permifsion to lay such stone I doe hereby direct ten pounds to be paid to the deacon of the congregation to whom the said burying ground doth belong Item whereas my sister Mitchell is indebted to me on bond in the sum of ffifty pounds my will is that all interest for the same be acquitted her and the principall sume only to be by her paid to her daughter Mitchell the wife of her son Mitchell which I hereby bequeath unto her for her separate use no way subject to the debts or controul of her husband bequeath unto her and her receipt to be a discharge for the same and my will is that all rent that shall be to me due from my sister Deane to the quarter day next preceeding my decease for the messuage wherein she lives shall be acquitted her Item I bequeath unto my loving wife my household goods and linnen at my dwelling house at Nine Elms with my plate and rings but on her decease my desire is that my picture be delivered to the Master and Wardens of the Worshipfull Company of Haberdashers to be placed in the parlour of their hall all the rest and residue of my said estate so bequeathed in trust as aforesaid I hereby give devise and bequeath unto the said John Hales Esq. and Mr. John Cartlich who I do hereby constitute and appoint executors of this my will to hold and enjoy to their own proper use and behoofe without any account whatsoever but it is my desire that all bills of exchange and debts in trade that shall be by me owing at my decease be first paid and in the next place the ffive hundred pounds debt with the interest thereon (or so much of the said debt as shall be owing at my decease) for the discharging the premises in and near George Yard (hereinafter by me bequeathed for the maintenance of my relations) from the same and as to all that my said leasehold estate in and near Great Queen Street aforesaid my will is that in case my said wife. shall release my executors and administrators of and from the sum of five hundred pounds for which the said premises stand charged to be paid to her executors or administrators at her decease in such case I give and bequeath the same premifses to my said wife her executors and administrators for the residue of the termes therein granted Item I give and bequeath unto my said wife all arrears of rent that shall be due for the said premifses at my decease to be by her applyed for mourning for her children and as for that my leasehold estate in White Chappell aforesaid consisting in thirteen severall leases numbered I give devise and bequeath the same as followeth Imprimis the severall leases numbered no.8 no.9 no. 10 and no.11 and the premifses thereby granted I give and bequeath unto my sister Mary Mitchell and my cosons Robert and Mary her children and to the survivors and survivor of them for the residue of the terms therein they indempnifying my executors from the rents and covenants on the lefsees part to be paid and performed and my will is that out of my sisters proportion of the said rents and profits the said debt of fifty pounds from her to me due and by me herein before bequeathed unto my said coson Roberts wife shall be paid and discharged Item the severall leases numbered no.4 and no. 5 and the prenifses thereby granted I give and bequeath unto my sister Elizabeth Hopkins and her son Edmond and the survivor of them for the residue of the terms therein they indempnifying my executors from the rents and covenants on the lefsees part to be paid and performed Item the lease numbered 12 and the premifses thereby granted I give and bequeath unto my cosons Robert Mitchell and Joseph Rand their executors and administrators for the residue of the tern therein upon trust that they apply the clear rents and -profits of the same (over and above the ground rent and necessary repairs of the sane) to the separate use and maintenance of my sister Anne Deane and her children so as no part thereof be lyable to the debt or controul of her husband Item the severall leases numbered no. 6 and no.7 and the premifses thereby granted I give and bequeath unto my cosons Robert Mitchell and Joseph Rand their executors and administrators for the residue of the term therein upon trust that they apply the clear rent and profits of the same (over and above the ground rent and necefsary repairs of the same) to the separate use and Maintenance of the present wife of John Rand and her children by him so as no part thereof be lyable to the debt or controul of her said husband Item the severall leases numbered no.1 no.2 and no.3 and the fremifses thereby granted I give and bequeath unto my three cosons Joseph Rand and Deborah and Mary Rand and the survivors and survivor of them for the residue of the terms therein they indempnifying my executors from the rents and covenants on the lefsees part to be paid and performed Item the lease numbered 13 and the premifses thereby granted I give and bequeath as followeth whereas the ground rent reserved on this lease is seven pounds per annum I give the five houses fronting in George Yard and the four small houses in the back court there being part of the premifses held by virtue of the said lease no13 unto Humphrey Esther Elizabeth, Augustine and Mary the five children of my late wifes brother George Atherton and the survivors and survivor of them for the residue of the term therein granted subject nevertheless to the payment of ffive pounds per annum part of the said ground rent of seven pounds per annum as the proportion I allott thereon and also subject to the payment of the clear yearly sum of ffour pounds to their mother during her life by twenty shillings each quarter the first payment to be made on the first usuall quarter day next after my decease and I give the four other tenements being the other part of the premifses held by virtue of the said lease no.13 unto Daniell Atherton son of my said late wifes brother Augustine Atherton for the residue of the term therein granted subject neverthelefs to the payment of two pound per annum residue of the said ground rent And I doe hereby direct my said legatees to indempnify each other from the proportion of ground rent respectively and also indempnify my executors from the rents and covenants in the said lease contained on the lefsees part to be paid and performed and as to all that my said estate in the parish of St James Westminster before excepted I do hereby give devise and bequeath the same and all my right title and interest and term therein unto the Master and four Wardens of the ffraternity of the art or mistery of Haberdashers in the city of London to hold to them and their succefsors Masters and Wardens of the said ffraternity for all the term and interest I have therein upon this speciall trust that by and out of the rents and profits thereof or by mortgage thereof they and their succefsors shall and do pay and apply the clear yearly sum of two hundred and twenty pounds by half yearly payments for such uses intents and purposes as I the said John Bankes by any writing or writings under my hand and seal attested by two or more credible witnefses shall direct limit or appoint and upon this further trust that by and out of the residue of the rents and profits thereof they the said Master and Wardens and their succefsors shall pay and discharge the said sum of ten thousand pounds and interest for which the same stands engaged or such part thereof as shall remain due and unpaid at the time of my decease and shall also pay and discharge all such my just debts my ffunerall expences and the severall legacys herein before by me bequeathed as my estate herein before bequeathed to the said John Hales Esq and Mr. Cartlitch shall fall short to pay in case such deficiency shall happen and after payment of my said debts funerall expences and legacys before mentioned upon trusts to and for such uses intents and purpose. as I the said John Bankes by such writing or writings under my hand and seal as aforesaid attested by two or more credible witnefses shall direct limitt or appoint in witnefs hereof I have to my last will and testament ingrofsed on one skin of parchment sett my hand and seal the day and year above written John Bankes signed sealed published and declared by the testator Mr John Bankes as and for his last will and testament in the presence of us who in his presence and at his request have hereunto sett our hands as witnefses thereof this one and twentyeth day of march 1716
Jacob Sutton William Knott William Green.

I John Bankes Citizen and Haberdasher of London as a codisill to be annexed to my last will and testament heretofore by me published dated the one and twentieth day of March in the year of our Lord one thousand seven hundred and sixteen and to be taken as part thereof doe declare my will and mind is and I doe hereby give and bequeath unto my dear and loving wife Elizabeth over and besides what I have in and by my said will to her bequeathed the sum of one hundred pounds to be to her paid within six months next after my decease and whereas I have bequeathed my estate in St James Westminster in my said will mentioned unto the master and ffour wardens’ of the ffraternity of the art or mistery of Haberdashers in the city of London upon the trusts therein exprefsed I doe hereby direct and appoint that out of the rents and profits thereof over and besides what I have in and by my said will directed there be paid unto my said wife the clear yearly sum of sixty pounds during the term of her naturall life by half yearly payments and in all other matters and things I doe hereby ratifie and confirm my said will in witnefs whereof I have hereunto sett my hand and seale this ffourth day of Ffebruary in the year of our lord one thousand seven hundred and nineteen

John Bankes signed sealed published and declared by Mr. John Bankes as and for a codisill to his last will and testament and to be taken as part thereof in the presence of us this ffourth day of Ffebruary 1719 Joseph Delafield Thos hodsgon

Notes: This transcription was done by Helen (Culshaw) Mitchell. The Latin probate clause was omitted.

This transcription has been made as accurately as possible, but given the poor quality of the source, is likely to contain errors. Neither the transcriber or the creator of this website accept any responsibility for any possible consequences of such errors.

The National Archives Source Ref PROB11/573, q.78.

This document may be viewed on microfilm at The National Archives, Kew.
A handwritten copy on parchment may be seen at The National Archives, Kew, Source Ref C105/21.
A copy of this will can be purchased online from the website of The National Archives.

Last updated by G M Culshaw 11 February 2009

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