| DACKOMBE Will of Daniel (20th August 1843) |
I have received from Bonnie Mann in America her transcription of this Will, as it is complete and she has managed to get more words than I had at this time I have replaced my transcription with hers. I have not as yet checked spelling etc in this transcription. I also liked the way that she has italicised the names of people within the Will and I shall do this to the other Wills in this section.
This is the last will and testament of me Daniel Dackombe of Grosvenor Street Camberwell in the County of Surrey, Gentleman. First I direct that all my just debts funeral expenses and the charges of proving this my will may be fully paid by my Executor hereinafter named as soon as conveniently may be after my death. I give and bequeath unto my son Daniel Dackombe all that my leasehold estate situate and being in George Street Walworth in the County of Surrey for his own absolute use benefit and disposal. I give and bequeath unto my two daughters Ann Maria and Matilda Dackombe all that my leasehold estate situate and being in Grosvenor Street in the Parish of Saint Mary Newington in the County of Surrey being the house wherein I now reside. Together with the leasehold, goods, plate, linen, china glass, pictures, prints and all other things whatsoever which may be in or about my dwelling house at the time of my death. Except my plans which I direct shall go with my estates to which they refer. To add the same unto my said two daughters Maria and Matilda Dackombe as tenant in common and not as joint tenants. I give devise and bequeath all and singular my freehold estates whatsoever and wheresoever unto John Mullins of North Brixton in the County of Surrey, Surveyor and Joseph Richardson of Ashtead in the said County of Surrey, Gentlemen and their heirs to upon and for the use and uses interest and purposes and under and subject too the powers provided conditions and limitations hereinafter now known and expressed of or now incurring the same. That is to say to the use of my son Daniel Dackombe and his assigns for and during the term of his natural life (subject nevertheless to the payment of the annuities by me hereinafter given and bequeathed and with the payment of which I do hereby charge my said freehold estates. And from and after the determination of that estate by forfeiture or otherwise in his lifetime then to the use of the said John Mullins and Joseph Richardson and their heirs during the life of my son’s son Daniel Dackombe. In trust to support and preserve the continuing uses and estates hereinafter given or limited from being defeated or destroyed and for that purpose to make entries and bring action as occasion may require. But nevertheless to _____ and suffer my said son Daniel Dackombe or his assigns to retrieve and take the rents and profits of the said freehold estates lands hereditament and premises for his own use during his life. And from and immediately after the decease of my said son Daniel Dackombe to the use of his first son lawfully to be begotten and the heirs male of the body of said first son issuing. And for default of such issue to the use of the second, third, fourth and fifth son and sons and all and every other the son and sons of my said son Daniel Dackombe lawfully to be begotten severally successively and in remainder one after another as they shall severally be in priority of birth and the heirs male of the body and bodies of all and every said son and sons issuing the order of said sons and the heirs male of his and their body and bodies being always preferred. And to take before the younger of the said sons and the heirs male of his and their body or bodies issuing and for want or in default of such issue to the use of my son Aquila Richard Dackombe and his assigns for and during his life And from and after the determination of that estate by forfeiture or otherwise in his life time then to the use of the said Aquilla Dackombe and then John Mullins and Joseph Richardson and their heirs during the life of my said son Aquila Richard Dackombe. In trust to support and preserve the contingent uses and estates hereinafter given or limited from being defeated or destroyed and for that purpose to make entries and bring action as occasion shall be or require. But nevertheless to permit and suffer my said son Aquila Richard Dackombe and his assigns to retrieve and take the rents and profits of the said freehold estates lands or ways and premises for his own use during his life. Subject nevertheless to the payment of the several annunities or yearly sums hereinafter by me given and bequeathed. And from and immediately after the decease of my said son Aquilla Richard Dackombe to the use of his first son lawfully to be begotten and the heirs male of the body of such first son issuing and for default of such issue to the use of the second, third, fourth, fifth and sixth son and sons and all and every other the son and sons of my said son Aquila Richard Dackombe lawfully to be begotten severally successively and in remainder one after another as they shall severally be in priority of birth and the heirs male of the body and bodies of all and every said son and sons issuing the order of said sons and the heirs male of his or their body and bodies being always preferred. And to take before the younger of the said sons and the heirs male of his and their body and bodies issuing. And for want or in default of such issue to the use of my son Robert Dackombe and his assigns for and during his life (subject to the annuities aforesaid). And from and after the determination of that estate by forfeiture or otherwise in his lifetime then to the use of the son’s John Mullins and Joseph Richardson and their heirs during the life of my said son Robert Dackombe. In trust to support and preserve the continuing uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall be or require. But nevertheless to suffer my said son Robert Dackombe and his assigns to retrieve and take the rents and profits of my said freehold estates lands accouterments and premises for his own use during his life (subject to the annuities a foresaid) and for and immediately after the decease of my said son Robert Dackombe to the use of his first son lawfully to be begotten and the heirs male of the body of said first son issuing. And for default of such issue to the use of the second, third, fourth and fifth son and sons and all and every other the son and sons of my said son Robert Dackombe lawfully to be begotten severally successively and in remainder one after another as they shall severally be in priority of birth and the heirs male of the body and bodies of all and every said son and sons issuing. The older of said sons and the heirs male of his and their body and bodies being always preferred and to take before the younger of the said sons and the heirs male of his and their body and bodies issuing. And for want or in default of such issue then to the use of all and every my daughters Susanna Jane Sanders, Ann Marie Dackombe and Matilda Dackombe equally to be divided between them if more than one and share and share alike and then to take as tenants in common and not as joint tenants and the heirs of the body and bodies of all and every said daughter and daughters issuing. And if there shall be a failure of issue in any one or other of my said daughter or daughters then as to the part or share or parts or shares of said daughter or daughters whose issue shall so fail to the use of the remaining or other of my said daughter equally to be divided between them (if more than one) share and share alike and they to take as tenants in common and not as joint tenants and the heirs of their respective bodies issuing. And in case there shall be a failure of issue of all my said daughters but one or if there shall be but one such daughter then to the use of such remaining or only daughter and the heirs of her body. And for default of such issue to the use of my own right heirs for ever. Provided always and I do hereby direct that my son Daniel Dackombe or his heirs or other the person or persons who for the time being shall be entitled to the possession of the rents and profits of my said freehold estates , lands, tenements accouterments and premises shall by and out of sure rents and profits pay unto one and every of my said sons Aquila Richard Dackombe and Robert Dackombe a clear annunity or yearly sum of One Hundred Pounds over during the terms of their cooperative natural lives to be paid to them by even and equal half yearly payments on the twenty fourth day of June and the twenty fifty day of December in each and every year to commence from the time of my death and a proportional part to be paid to them to the said twenty fourth day of June or the twenty fifth day of December which shall first happen after my decease and also to and shall in like manner pay into the hands of the said John Mullins and Joseph Richardson in trust and for the benefit of my said three daughters Susanna Jane Sanders wife of Richard Sanders. Ann Marie Dackombe and Matilda Dackombe a clear annuity or yearly sum of Thirty Pounds each for and during the terms of their respective natural lives for their and each of their separate use and being exclusive and ??? of any husband or husbands with whom they or any or either of them shall have intermarried or shall or may hereafter intermarry. And the receipt or receipts above of my said daughters notwithstanding their forfeiture shall be a good and sufficient release and discharge to any said husbands for the same. And I do hereby direct that it shall not be lawful to and for any or either of my said daughters to anticipate charge sell or otherwise part with or incumber the life estate or interest to by me given and bequeathed to each of their ??? this my will. And too hereby charge all and every my said freehold estates with the payment of the said several annuities or clear yearly sums of One Hundred Pounds, One Hundred Pounds, Thirty Pounds, Thirty Pounds and Thirty Pounds and so direct that in each the same or any of them or any part thereof shall be behind or unpaid for the space of one calendar month next after or over either of the said days or times herebefore appointed for payment thereof it shall and may be lawful to and for my said sons and daughters or any or either of them to serve notices to be served upon all or any of the tenants of the said freehold accouterments and premises giving them notice of such arrear and requiring them to pay the same out the ensuing quarters rent. And too hereby further direct that it shall and may be lawful to and for the tenant or tenants of the said freehold accouterments and premises to withhold and retain out of the rents to become due from him or them so much money as he or they shall actually pay in respect to the said several annuities or any of them provided also. And too hereby declare that it shall and may be lawful to and for my said sons and daughters or such of them as for the time being shall be entitled to the rents and profits of the said freehold estates by and with the consent of my trustees or trustee for the time being as hereinafter mentioned. And also for my trustees or trustee as aforesaid or the survivor of his and his heirs during the minority of such of the issue of my said sons and daughters who shall be so entitled as aforesaid by forfeitures to be by him her or them respectively sealed and delivered in the presence of and to be attested by too or more reliable witnesses to devise lease or grant said of the said Messuages lands tenements hereditaments and premises hereinbefore given and devised as shall at my decease held by any person or persons by virtue of or under any lease or leases for the life or lives or for any term or number of years obtainable upon the death or deaths of one or more person or persons or whosoever in possession or decision for one two or three life or lives or for any such or number of years before obtainable upon the death or deaths due to one two or three person or persons and also to devise lease or grant all or any of the Messuages lands tenements hereditaments and premises hereinbefore given and devised to any person or persons whomsoever for any term or number of years absolute not exceeding twenty one years in possession and not in decision or by way of future interest so as every such devise lease or grant to be made as aforesaid for one or more life or lives or for any term or number of years determinable upon the death or deaths of one or more person or persons be determinable or the death of three persons at the most and so as by every said devise lease or grant as is last mentioned the usual and most accustomed rents and services to be devised to and to go along with the revision and remaining of the premises to be comprised in such devise lease or grant respectively to be a revised and made payable during the continuance thereof respectively and so as by way such devise lease or grant to be made for any term or number of years absolute not exceeding twenty one years there be revised and made payable during the continuance thereof to be revised to and go along with the remainder or revision of and in the promises to be comprised in such leases devises or in grants respectively expectant on the accumulation thereof. The best and most improved yearly rents that can reasonable be had or gotten for the premises therein comprised at the time of making said leases devises or grants cooperatively without taking any premium or forfeit or anything in value or in lieu of a first premium or forfeit for or in respect of the making of any said devise lease or grant as is last mentioned and so as in all and every said devises leases or grants so to be made as aforesaid there be contained a proviso or condition of entry in case the rent or rents thereby respectively revised be behind and unpaid for the space of twenty one days and so as there be not contained in any said devise lease or grant any clause or clauses whereby any power or authority shall be given to any lessee to commit cause or whereby he shall be exempt from punishment or forfeiture for remitting the same and so as the leases be and shall execute counterparts of all said devised leases or grants respectively. And to action nominate constitute and appoint my said son Daniel Dackombe to be sole EXECUTOR of this my will provided further that if death of my said trustee herein before named or any new trustee to be appointed under and by virtue of this proviso shall happen to die or desire to relinquish or become unable to perform actions of this my will before the same shall be fully accomplished be that it shall and maybe unlawful to and for the surviving or continuing trustee by any action under his hand to nominate and appoint a new trustee in the place or stead of the trustee so dying desiring to relinquish or becoming incapable to act in the execution of the trusts created by this my will. And to hereby direct and authorize and empower the said trustee so surviving or continuing to make or cause to be made said conveyances and transfers of the trust estates and monies as that the same or what shall remain thereof undisposed of in manner aforesaid may become legally and absolutely vested in the said new trustee or trustees as if he or they had been originally nominated and appointed by this my will. For and upon all said uses trusts and purposes as are hereinbefore defined or disposed of than as shall then be capable of taking effect provided also that it shall and may be lawful to and for my said trustees or trustee for the time being from or out of all or any part of my estate and in effect to retain to and reimburse himself and themselves respectively all costs and charges which they or he shall or may sustain or incur in the execution of the trusts of this my will. And that they or either of them shall not be liable or accountable for more than shall actually be received by him or them nor for any loss by the failure of any Banker Broker or other person in whose hands any part thereof shall remain unless it shall arise from his or their willful neglect or default And as to all the REST RESIDUE AND REMAINDER of my estate and effects of what nature or kind so ever the same may be or consist and wheresoever situate I give devise and bequeath the same and every part thereof unto and amongst all and every my child and children living at my decease in equal shares and proportions and share and share alike. And lastly hereby revoking and making void all former and other wills by me at any time heretofore made too before. This only to be and remain my last will and testament In witness whereof Daniel Dackombe the Testator have to this my last will and Testament contained in eight sheets of paper set my hand this seventh day of August One Thousand Eight Hundred and Thirty nine. DANIEL DACKOMBESigned by the testator Daniel Dackombe in the joint presence of us who before leaving his presence in the presence of each other have at his quest hereunto subscribed our names as witnesses.
J. Kempstor Kennington Lane Lambeth Wm ??? Hepburn 61 London St. Reading
PROVED at London 20th August 1843 before the worshipful John Danbary Doctor of Laws and Surrogate by the oath of Daniel Dackombe the son the sole Executor to whom honor was granted having been first seen duly to administer.
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