Fitzherbert Richards

PROB 11/1525 - precis.

Fitzherbert Richards of Marlborough Buildings in the City of Bath Esquire.

All plantations in Jamaica called Bagnal Spring, Lambkin Hill, Creighton Hall and Richards Pen to be held in trust by Samuel Fitzherbert of Livimmerton in Meath, Ireland and William Thompson late of the island of Jamaica bt now of Gay Street, Bath. The rents and profits to pay the following annuities:

£400 pa for life to my niece Frances Lady Viscountess Allen.

£200 pa for life to my cousin Mrs Ann Ruxton, wife of William Ruxton of Ardee in Ireland should she survive her husband.

£100 pa for life to Mrs Mary Ruxton, wife of John Ruxton of Blacfcastle[?] in Meath should she survive her husband. The same to Mrs Ruxton the wife of Mr Richard Ruxton should she survive her husband.

£200 pa for life to my niece Letitia Coddrington [=Coddington], wife of Nicholas Codd[r]ington of Sorn in Leith [?] Ireland should she survive her husband.

To Miss Frances Fitzherbert Richards late at Mrs Mills Boarding School at Bristol, so long as she shall continue unmarried, to pay her £250 pa. To Miss Mary Barry £200 pa for life.

The trustees to receive the balance of the rents and profits for 20 years from my decease and to invest them in parliamentary stock or public funds in Great Britain to accumulate at compound interest. Trustees may mortgage the properties should this be necessary and expedient.

Creighton Hall in St David, Jamaica is subject to an annuity granted by me by deed for the life of the Hon. Mrs William Herbert, which I ratify. Creighton Hall to go in trust for my great nephew the present second son of Nicholas Coddington by my niece Letitia Coddington at age 21. In default to Fitzherbert Batty.

Bagnol Spring in St Mary in trust for the use of my great nephew Fitzherbert Batty, the second son of Philip Batty Esquire at age 21. In default to Espine Batty, another son of Philip Batty at age 21 then to Edward Batty, another son.

Lambkin Hill in St Mary in trust for the use of Espine Batty at age 21.

Richards Pen in St Mary to be split into two equal parts, one of which should go in trust to the owner of Bagnol Spring and the other to the owner of Lambin Hill.

All my other property in Jamaica an Marlborough Buildings in Bath and other property in England in trust to Samuel Fitzherbert and William Thompson to be disposed of and to form the residue of my personal estate.

My dressing box to Samuel Fitzherbert for his use.

Mr Philip Batty owes me by mortgage £4000 and upwards and John Ruxton owes me by mortgage £3000 and upwards I declare that my executors may not require payment for 10 years from my decease on condition that the debtors shall regularly pay the interest.

All my shares of the public stocks or funds in England and Ireland, my shares in the West India Wet Dock and all the rest and residue of my personal estate to Samuel Fitzherbert and William Thompson upon trust to pay my funeral expenses, debts and legacies. The surplus to be invested in parliamentary stocks or public funds to accumulate for 20 years to pay my grand niece Frances Allen, daughter of my niece Lady Viscountess Allen £5000 within 3 years of my decease or, if sooner, on the day of her marriage. To my niece Mary Barry upon her marriage £2000. To Frances Fitzherbert Richards £5000 on the day of her marriage should she marry with the consent of Samuel Fitzherbert.

Further provision for £10,000 to the younger sons and daughters of Viscountess Allen in discharge of her marriage settlement currently charged upon Viscount Allen's estate, should this balance be available from my personal estate. Further provision for £6,000 in discharge of the portions provided by the marriage settlement of Nicholas Coddington for his daughters and younger sons.

To Lady Viscountess Allen, all my plate.

To my trustees, £200 each.

To Aaron Haughton who has lived with me soberly and honestly for several years £300 over and above the year's wages hereinafter bequeathed. Also to him all my wearing apparel.

To William Paxton my black servant £100 if in my service at my decease over and above his one year's wages.

To each of my servants one year's wages.

I manumise my mulatto woman Melly and to her an annuity of £20 Jamaican currency for life which I charge upon my property in Jamaica.

All residue of my personal estate after 20 years to the children of Nicholas Coddington by his present wife and of Philip Batty by his late wife Catherine, and of the Hon. Mrs Letitia Herbert, Mary Barry and Frances Allen at age 21, excluding those entitled after the said 20 years to Creighton Hall, Bagnal Spring and Lambkin Hill.

My executors to be Samuel Fitzherbert, William Thompson, John Wayland of Winkfield Lodge in Berkshire, Hon. William Herbert of Poland Street in London.

To John Wayland and William Herbert £200.

To William Herbert all the liquors in my cellar.

For the education and maintenance of my great nephews Robert Fitzherbert Batty, Firzherbert Batty, Michael William Batty, Edward Batty and William Batty an annual sum not exceeding £600 out of the rents and profits of my Jamaican plantations until they reach the age of 21 unless they be students at Oxford, Cambridge or Dublin universities, in which case this provision shall extend to age 25.

Signed 01/07/1809.

Codicil, Bath, 01/07/1809. To my servant Aaron Haughton a futher £200.

Codicil dated 11/01/1810. Should my great nephew Nicholas Coddington not reach the age of 21, then Crieghton Hall should go upon trust for the use of my other great nephew Joshua Coddington at age 21. In default to my great nephew Fitzherbert Coddington at age 21 then to my great nephew John Coddington age age 21. Further defaults for Bagnal Spring should Fitzherbert Batty not live to age 21.

Codicil dated 20/11/1810. Charles Nicholas Pallmer to be added as a trustee and executor.

Codicil dated 18/12/1810. Correction of the name Frances Fitzherbert Richards to Frances Herbert Richards.

Proved at London 09/08/1811 by Samuel Fitzherbert, William Thompson, John Weyland the younger (in the will written Wayland) and Hon. William Herbert, dr of laws, and Charles Nicholas Pallmer.