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Will of John Fox
This is the last will and testament of me John Fox of 7 Mincing Lane in the City of London Merchant. I direct the payment of my just debts funeral and testamentary expenses I bequeath to my executors hereinafter named fifty pounds apiece I give and bequeath the legacies following free of legacy duty videlicet
To the Right Reverend Dr. Clifford of Clifton Bristol two hundred pounds
To the Reverend John Bononin of Clifton Bristol one hundred pounds
To my sister Mary Hearn one hundred pounds
To my sister Kate Henderson one hundred pounds
To Mrs. Bernard of the Sisters of Mercy of St. John’s Newfoundland one hundred pounds
To my sister Joanna Fox the proceeds of my life policy for five hundred pounds in the Royal and also if she should be alive and in England at time of my decease one hundred pounds to pay her expenses to Newfoundland
I direct my executors to apply for the education and benefit of my niece Elizabeth Henderson in case she shall be under the age of seventeen years at my decease a sum at the rate of one hundred pounds per annum until she shall attain that age or die under that age and if she attain the age of seventeen years I direct my executors thereupon to apply the sum of one hundred pounds in returning her to Newfoundland and paying her passage money outfit and expenses
To my sons James and Charles Edmund and to my daughter Henrietta Mary I give and bequeath all my plate and plated articles to be equally divided between them and in case they shall not themselves agree upon the division within three months after my decease my said executors shall divide the same between my said sons and daughter as they my said executors shall think proper and their decision shall be final
I devise all my real estate to which I shall be entitled at my decease (except estates vested in me at Trustee or mortgagee) and I bequeath the residue of
I devise all estates (if any) vested in me as Trustee and Mortgagee to the said Patrick Hayes and William Keane subject to the equities affecting the same respectively I empower my Trustees to apply all or any part of the income of any minors presumptive share in any part of my property for the maintenance and education of each such minor And I direct my Trustees to invest and accumulate the unapplied income in augmentation of the capital of such share and I authorize my Trustees to apply any part not exceeding one half of the presumptive or vested share of any person under this my will of his or her advancement in the world And I empower my Trustees for the purposes aforesaid to pay such income or the money so to be raised unto the parent or guardian for the time being of any such minor aforesaid without being answerable for the application thereof I declare that the receipts of my said trustees for such monies stocks shares funds or securities as shall be paid or transferred to them by virtue of this my will shall effectually discharge the persons paying or transferring the same from all liability to see to the application thereof I empower my Trustees to compound or allow time or accept security real or personal for the payment of debts owing to my estate and to adjust by arbitration or otherwise disputes in relation thereto or in relation to debts or demands against my estate And I declare my trustees shall be answerable for their own respective acts, receipts and balances only and shall be at liberty to retain and allow to each other out of monies coming to their hands by virtue of my will all expenses incurred in executing the trusts thereof I declare that in case of the death in my lifetime of my trustees or either of them or after my decease or the death refusal unfitness incapacity or retiring from the Trusteeship of my Trustees or either of them or of any Trustees or Trustee to be appointed under this clause or by a Court of competent jurisdiction or otherwise according to law it shall be lawful for the capable Trustees or Trustee (if any) for the time being of this my will whether refusing further to act or not and if none for the executors or administrators or any or either of them of the last deceased Trustee from time to time by deed to appoint a fit person or persons to supply the place of the deceased refusing unfit or incapacitated trustees or trustee I appoint the said Patrick Hayes and William Keane executors of this my will and I appoint the said Dr. Clifford Guardian of the persons and estate of my said sons James and Charles Edmund during their respective minorities I revoke all former wills by me made In witness whereof I the said John Fox the testator have to this my last will and testament contained in four sheets of paper to this and the three preceding sheets thereof set my hand this sixth day of April one thousand eight hundred and seventy-
John Fox. Signed by the said John Fox the testator 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,
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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