Will of John Markham of London, gentleman, 1837 (proved 1838)

National Archives PROB 11/1901/16

This is the last Will and Testament of me John Markham of N^o. 261 Tottenham Court Road in the Parish of Saint Giles in the Fields in the County of Middlesex Gentleman First I give and bequeath to my dear Wife Mary Markham all my household Goods & Furniture . . .  and effects . . . for her own absolute use . . . also . . . the Sum of Forty pounds to be paid to her within three Calendar Months next after my decease Also I give and bequeath unto my Son John Markham the sum of one thousand pounds . . . to be paid to him at the expiration of six Calendar Months next after my decease . . . I give and bequeath unto Benjamin Goode and Philip Goode both of Howland Street in the Parish of Saint Pancras in the County of Middlesex Gentlemen (my Executors hereinafter appointed) their heirs Adm(inistrat)ors and Assigns all my Leasehold Estates monies out on Mortgage or other securities Stock in public Funds ready money securities for money and all other my personal Estate and Effects whatsoever and wheresoever which I may be possessed . . . at the time of my decease Upon trust . . .  with my ready money and by sale and conversion into money . . . and . . .  parts of my Stock in public Funds or by calling in . . .  monies due to me on Mortgage . . . to raise sufficient money wherewith to pay . . . all my just debts and funeral expences and the costs . . . of proving this my Will and the pecuniary Legacies . . . bequeathed unto my said Wife and Son and . . . Upon further trust . . . out of the . . . annual proceeds to arise from . . . my residuary personal Estate and Effects to pay unto my Sister Sarah Uff . . . during the term of her natural life one . . .  Yearly Sum of ten pounds . . . and after payment thereof to pay all the . . . annual proceeds . . . of my said Leasehold and Residuary estate and Effect to my said Wife Mary Markham . . . during the term of her natural life . . . [a proviso is made that in the event of the death or second marriage of his widow  and the death of his sister Sarah that. . . ] my trustees . . . do stand possessed of my said leasehold and other my residuary Estate . . . and I do hereby direct that the said Trustees . . .transfer . . . the same unto  my said Son John Markham his executors Adm(inistrat)ors and Assigns . . . [a sub clause is inserted to allow Sarah Uff to continue to receive the ten pounds annuity payment in the event of Mary Markham’s death or second marriage and that legacy reverting to the son John upon Sarah Uff’s death] . . . and my Will is that the said Leasehold Estates . . . shall not be sold during the continuance of the trusts aforesaid except with the consent . . . in writing of my said Wife and Son but . . . it shall be lawful for my Trustees . . . with the consent . . . in writing of my said Wife during her continuing my widow  and . . . Son . . . to sell all or any of my Leasehold Estates . . . either by Public Auction or Private Contract . . . And further that . . . during the continuance of the trusts . . . aforesaid it shall be lawful for my said trustees . . . to let . . . all or any of my Leasehold Estates . . . I direct that the net purchase money . . . to arise from the said sale. . .  and also all fines . . . received . . . on granting any lease . . . of my said Leasehold Estates shall be . . .  considered . . . as part of my residuary personal Estate and be subject to the same Trusts as the other part of  my personal Estate hereinbefore bequeathed And I give and devise unto the said Benjamin Goode and Philip Goode their heirs and Assigns all such Copyhold . . . estates as are now vested in me by way of mortgage I do hereby declare . . . that the . . . receipts of my Trustees . . . shall be a good . . . discharge to all purchasers . . . paying . . . any monies whatsoever on account of my Estate . . . [A clause is added to exclude Trustees from accountability for losses arising through their misapplication of the said monies received. Additional contingencies and conditions to apply in the event of emigration, death, unwillingness or incapacity of any Trustees to fulfil their duties, including the appointment of replacement Trustees and the transfer of rights and empowerment of such replacement Trustees are also set out] . . . And I do hereby declare that the trustees . . . of this my Will shall be . . . chargeable only for . . . so much of my Estate and Effects as they shall . . .  actually receive . . . [The limits of personal accountability of trustees are set out in standard clauses including absence of accountability for one another’s actions, or the actions of agents on investments and extensive freedom of potential liability for all but their own acts of wilful neglect. Further provision is made for Trustees to retain any costs charges or expenses incurred in the execution of the Will] And I \do/ hereby nominate constitute and appoint the said Benjamin Goode and Philip Goode Executors in trust of this my Will hereby revoking all former & other Wills & testamentary dispositions by me made and declaring this alone to be my last Will and Testament In testimony whereof I the said John Markham the Testator have to this my last Will and Testament contained in three sheets of paper Set my hand and Seal (to wit) my hand to the two preceding sheets and my hand and Seal to this third and last sheet thereof this twenty third day of May in the year of our Lord one thousand eight hundred and thirty seven John Markham [signature] Signed Sealed Published and declared by the Testator John Markham as and for his last Will and Testament in the presence of us Ja^s Will^m. Walsh [signature] Benj Lockwood [signature] Clerks to the above named Benjamin Goode and Philip Goode

Proved at London 21st. Sept^r. 1838 before the Worshipful Frederic Thomas Pratt D^r. of Laws and Surrogate by the Oaths of Benjamin Goode and Philip Goode Esq^s. the Executors to whom Admon was granted having been first sworn duly to Administer

Notes

John Markham was the brother of Ann Hazzard (1760-1850) who kept the Three Pigeons. Their baptisms aren't recorded at Winslow, and it's not known if they were related to the Winslow lawyer John Markham (d.1746).

John owned the Royal Oak briefly (1820-21). He was still living in Horn Street in 1833, and sold his property there (no.28) in 1835, which must be when he moved to London.