the Will of John Firmin 1786-1850

1

August 1, 2013 by auntkatefirmin

In this post I have simply transcribed the will leaving my comments for a separate post.  I’ve finally pushed through to the end, and I must say it’s been a bit of a slog at times between the quirks of the lettering and the bleed-through which made the last page especially hard to decipher. All the punctuation is mine. (Including the inconsistencies!) I’m pretty certain there were no commas in the original. The reproduction is such that I can’t tell where there was any punctuation in the original (except for the quotes at the very end).  The underlining and the capitalization are original. In a couple of spots, I’ve indicated where I’m less certain of my transcription – which is not to say that there aren’t other errors!  In order to help with the proof-reading I preserved the line returns in the original – which of course is the court clerk’s copy of the original will. Where I wasn’t eager to make a guess I replaced the word with dashes.

Will of John Firmin, header.

Header of the will of John Firmin (digitized version from the National Archives, crown copyright)

This is the last Will and Testament

of me John Firmin of No 6 Jessamine Terrace, Victoria Road, Dept-

ford in the County of Kent, Gentleman. I direct that all my just debts,

funeral and testamentary expenses be in the first place fully paid and satisfied.

I give and bequeath to my dear wife Sarah Firmin All my household furni-

ture, plate, pictures, linen, china and whatever else I may possess at the time

of my decease for her absolute use and benefit.  I give and bequeath unto my

son Henry Firmin All my horses waggons, carts, utensils in trade and all

other my stock in trade for his absolute use and benefit subject to his payment

thereout all debts and engagements which may have been contracted by me

or by him in my name in respect of the trade of a Carman carried on by

me provided that the said Henry Firmin is not to be liable for any con-

tract under seal executed by me.  I give and bequeath unto my said son

Henry Firmin and to William Boyes of Peterborough in the County of

[Northamptonshire] a Clerk in the Eastern Counties Railway Company and a

cousin of my son George’s Wife their executors, administrators and assigns

All my nine leasehold houses situate in Plough Bridge Rotherhithe in the County

of Surrey And also all my eight leasehold houses situate in

numbers 1, 2, 3, 4, 5, 6, 7 and 8 Jessamine Terrace aforesaid Upon

trust to p—nt and suffer authorize and empower my said dear Wife to

receive and take the rents issues and profits to arise from my said —-

leasehold estates for and during the term of her natural life she there-

out paying the ground rent and all other outgoings payable in respect

of the same and keeping the same in a good and saleable state of repair

And upon trust from and after the decease of my said dear Wife as to the

said nine leasehold messuages in Plough Bridge aforesaid to divide the

same equally between my said sons Henry and George Firmin share and

share alike as tenants in union [?] And as to my said eight messuages in

Jessamine Terrace aforesaid to receive and take the said issues and profits to

be derived therefrom until* the youngest of the four children of my said son

George Firmin shall have attained the age of twenty one years or until the

survivors or survivor of them shall have attained the said age my said

trustees after payment thereout of all rents, repairs and outgoings investing the

net proceeds to be derived from my said last mentioned leasehold estate annually

in the Bank of England in the joint names of my said trustees And upon

trust that if any one or more of my said grandchildren shall die under the

age of twenty one years that the share or shares of — — — those so

dying shall go and be divided equally between and amongst — ——- —– —-

children of my said son George Firmin share and share alike as survivors in

succession [?] And upon trust upon my said four grandchildren or any of those

attaining the said age of twenty one years to divide my said last mentioned

leasehold houses with the accumulations to be derived therefrom unto and

equally between such of them as shall so attain the said age at the time

and in manner aforesaid And upon trust that if all of my said four grand-

children shall die under the said age of twenty one years that any said last

mentioned leasehold estate with the accumulations thereon as aforesaid shall

go to and be received by my said son George Firmin for his absolute use

and benefit. Provided always. And I hereby will and direct authorize and

empower my said trustees to advance and pay the presumptive shares of

my said four grandchildren in the accumulations to be derived from my

said leasehold estate for and towards their advancement in the world or in

the case of my granddaughter on her marriage. And I hereby appoint

my said dear Wife and the said Henry Firmin and William Boyes as the

Executors of this my Will.  Provided always, nevertheless that for the purposes

of construction I do hereby declare that where I have in this my Will

used the terms “Trustees and Executors” the same shall be construed and

taken as though I had used the words “Trustees and Executors and the

survivor of them and other the trustee or trustees appointed or to be appointed

as hereinafter provided.” Provided always. And I do thereby declare that if

the trustees appointed in this my Will, or to be appointed as hereinafter is

mentioned [?], or any of them, or their or any of their heirs, executors, administra-

tors or assigns shall happen to die, or be desirous of being discharged from, or

refuse, or decline, or be incapable to act in the trusts hereby in them respec-

tively reposed as aforesaid before the said trusts shall be fully executed then

and in such case, and when and so often as the said shall happen, it shall

and may be lawful to and for the then surviving or continuing trustees, or

trustee, or the executors or administrators of the last surviving or continu-

ing trustee by any deed, or deeds, instrument or instruments, in writing to be

by them, him, or her sealed and delivered in the presence of and attested

by one, two, or more credible witnesses from time to time to nominate, substitute

or appoint any person or persons to be a trustee or trustees in the stead or in

place of the trustee or trustees so dying, or desiring to be discharged, or refu-

sing, or desirous or becoming incapable to act as aforesaid, such new trustees

or trustee to be appointed with the concurrence in writing of my said son

George Firmin if alive and when and so often as any new trustee shall be

nominated and appointed as aforesaid All the trust estate monies and pre-

mises the trustee or trustees whereof shall so die, or desire to be discharged,

or refuse, or decline, or become incapable to act as aforesaid shall be there-

upon with all convenient speed conveyed, assigned, and transferred in such sort

and manner and so as the same shall and may be legally and effectually

vested [?] in the person or persons so to be appointed as aforesaid either solely

or jointly with the surviving or remaining trustee or trustees as occasion shall

require To the uses and upon and for the trusts, ends, intents and purposes

heretofore expressed and declared of and exercising [?] the said trust estate

monies and premises or such of them as shall be then subsisting ——

— and capable of —–effect and the person or person so to be appointed

shall have all the powers and authorities of the trustee or trustees in—-

—- he or they shall be substituted Provided always And I further declare

that the said several trustees hereby appointed and to be appointed as aforesaid

and each and every of them and the heirs, executors, administrators and assigns

of them and each and every of them shall be charged and chargeable respec-

tively for such monies only as they respectively shall actually receive by virtue

of the trusts hereby in them reposed notwithstanding their or any of their giving,

or signing, or joining in giving, or signing any receipt or receipts for the sake

of conformity any any one or more of them shall not be answerable or account-

able to the others or other of them or for involuntary losses nor for the loss

by — failure of the [crossed out?] provided [crossed out] And also

that it shall and may be lawful for them with and out of the monies which

shall route to their respective hands by virtue of the trusts aforesaid to retain

to and reimburse themselves respectively and also to allow their respective

trustee or trustees all costs charges damages and expenses which they or

any of them shall or may suffer, sustain, expend, disburse, be at, or be put

into, in, or about the execution of the aforesaid trusts or in relation thereunto.

And do I hereby revoke and make void all former Wills and Codicils by me at

any time heretofore made and declare this to be my last Will and Testament.

In Witness whereof I have to this my Will contained in four sheets of Paper

set my hand this eighth day of June in the year of our Lord one thousand

eight hundred and fifty John Firmin Signed by the said John Firmin

in the presence of us present at the same time who in this p—- have

hereunto subscribed our names as Witnesses.  the words “Nine in Plough

Bridge Rotherhithe in the County of Surrey” on the eighteenth and nine-

teenth lines of the first sheet and the words “the survivors of the said four”

on the fourth line of the second sheet having been first written over erasure

and the sentence beginning “such” and ending “alive” between the eighteenth

and nineteenth lines of the third sheet having been first inserted together with

the erasures in the fourth and fifth lines of this sheet. Thos Young Jr

29 Mark Lane – Edwd C Dench his Clerk.

Proved at London the 14th Dec[embe]r 1850 before the Worshipful Frederick

Thomas Pratt Doctor of Laws and Surrogate by the Oath of Henry Firmin

the son one of the Executors to whom A—- was granted having been

sworn duly to administer. Power reserved of making the life Grant to Sarah

Firmin Widow the Relict and William Boyes the other Executors when they

shall apply for the same.

*The four children are John, George, Osborne, and Emily.  Emily, the youngest, turned 21 in 1871.

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One thought on “the Will of John Firmin 1786-1850

  1. […] baptised at St. Pancras. He was one of the four children born before the death of his grandfather (John Firmin) and thus had the prospect of some inheritance from the estate (always assuming there was anything […]

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