Last Will and Testament of John Eliot, 1st Earl of St. Germans

This is the last Will and Testament of me, the Right Honorable John Earl of St. Germans.

Whereas, under and by virtue of different instruments and, particularly, the pecuniary settlement dated the eighteenth day of August one thousand eight hundred and nineteen and made on my marriage with my present wife, Harriet, Countess of St. Germans, I am entitled, on failure of issue of such marriage, and subject to the life interest therein of my said Wife, in the event of her surviving me, to dispose of the several principal sums, stocks, funds and securities, following; that is, to say, the principal sum of ten thousand pounds, appointed by the late Lord and Lady Eliot, to be raised out of certain estates in the parish of Saint Germans and elsewhere in the county of Cornwall, by an indenture bearing date the ninth of January one thousand seven hundred and ninety one, the principal sum of five thousand pounds, being the moiety of the sum of ten thousand pounds, which the said late Lord Eliot was entitled to have raised out of part of certain estates and lands commonly called and distinguished as the Craggs Estate; and, by his Will dated the twenty fifth day of May one thousand eight hundred and three, given equally between my Brother, the Honorable William Eliot, and myself; and the further sum of five thousand pounds, by the same Will, directed to be raised out of other part of the said Craggs estate and paid to me, of all which estates I am now tenant for life, in possession.

And, whereas, in the life event and subject as aforesaid, I am also entitled to dispose of the sum of thirteen thousand seven hundred and forty one pounds four shillings and seven pence three per Cent Consolidated Bank annuities, now standing in the names of the Right Honorable Charles Philip Yorke; the said William Eliot; the Honorable John Somers Cocks, now Viscount Eastnor; and Sir William Templer Pole, Baronet, the trustees named in the said indenture of settlement bearing date the eighteenth day of August one thousand eight hundred and nineteen and made upon my marriage with my present wife, Harriet, now Countess of St. Germans, being the produce of part of the pecuniary fortune which I have derived from my former wife, Caroline, late Countess of St. Germans, deceased.

And, whereas, by virtue of another indenture of settlement, also bearing date the said eighteenth day of August one thousand eight hundred and nineteen, the Capital Messuage or Dwellinghouse in Saint James Square, now in my occupation, which I formerly purchased with eleven thousand and one hundred pounds other part of the fortune of my said late wife, is vested in the said trustees, in trust, to sell the same immediately after my decease and to stand possessed of the money to arise from such sale; or, on failure of issue of my present marriage and subject to the life interest therein of my present wife, upon trust for me, my Executors, administrators and assigns. Now, in the event of my marrying [sic] dying, without leaving any issue of my present marriage living at the time of my decease or born in due time afterwards, and subject to the life estate and interest to which my said wife, Harriet, now Countess of St. Germans, is entitled of; and in all the said trust funds and premises under the said several indentures of settlement, in the event of her surviving me, I give and dispose of the same in manner hereinafter respectively contained; that is, to say, I declare and direct that the trustees or trustee for the time being acting, under the trusts of the said Indenture of settlement, do and shall from and immediately after my decease, if the said Harriet now Countess of St. Germans shall depart this life leaving me her surviving [sic], or if I shall depart this life in her lifetime, then and immediately after her decease shall stand possessed of and interested in the said sum of thirteen thousand seven hundred and forty one pounds fourteen shillings and seven pence three per Cent Consolidated Bank Annuities, or the Stocks Funds or Securities in or upon which the same shall be then invested upon trust, to pay unto or permit and suffer or authorize and empower Sir Joseph Sydney Yorke, of Sidney Lodge in the County of Southampton, Knight Commander of the Bath, to receive and take the interest, dividends and annual proceeds thereof, during his life, for his own use and benefit, and after his decease upon trust for all and every or such one or, more exclusively, of the other or others of the Children of the said Sir Joseph Sidney Yorke, for such interest and interests, in such parts, shares and proportions and, generally, in such manner, in all respects, as the said Sir Joseph Sidney Yorke, by any deed or writing under his hand and seal, with or without power of revocation, or by his last Will and Testament, in writing, or any Codicil thereto to be respectively executed by him in the presence of and attested by two or more credible witnesses, shall direct or appoint, give or bequeath the same and, in default of such direction or appointment gift or bequest, and subject, thereto, in trust for the Child, if but one or, if more than one, then for all the Children of the said Sir Joseph Sidney Yorke, to be equally divided amongst them, share and share alike, and to become vested interests in such of them as shall be sons at their respective ages of twenty one years, and in such of them as shall be daughters at that age or, on their respective days of marriage, with the consent of their Parents or Guardians, which shall first happen, and to be paid and transferred to them, accordingly, after the decease of the survivor of them, the said Harriet, Countess of St. Germain, and Sir Joseph Sidney Yorke with the usual benefit of survivorship and accruer amongst such children; in case of the death of any one or more of them without having acquired such vested interest, as aforesaid, such benefit to extend, as well, to the surviving and accruing; as to their original shares, and also with powers for the said trustees from and after the decease of the survivor of them, for the said Harriet, Countess of St. Germans, and Sir Joseph Sidney Yorke to pay and apply the interest and dividends of the presumptive share or shares of any such Child or Children of and in the said trust monies and Securities; in the meantime, and until such share or shares shall become vested interests and payable as aforesaid for or towards their respective maintenance and education during their minorities or a proportion of the principal of any of the shares of such of them as shall be sons in the purchase of a Commission or Commissions or otherwise for their advancement in the world, and in default of any such issue living to become entitled to a vested interest in the said trust monies and Securities under the trusts hereinbefore declared, in trust for the said Sir Joseph Sidney Yorke, his Executors, Administrators and Assigns, provided always that if the eldest Son, for the time being of the said Sir Joseph Sidney Yorke, shall succeed or become the heir apparent to the Earldom of Hardwicke before he shall have acquired a vested interest in the said trust, funds and securities hereinbefore bequeathed as aforesaid, then, and in such case, I direct he shall not afterwards become entitled to any share thereof, but that the same shall go and be divided amongst the other children of the said Sir Joseph Sidney Yorke, in such manner in all respects as if such eldest Son had died without having acquired a vested interest therein as aforesaid.

I give the principle sum of five thousand pounds, part of the trust funds comprised in the said recited indenture of settlement of the eighteenth August one thousand eight hundred and nineteen, to my wife, the said Harriet, Countess of St. Germans, absolutely for her own use and benefit, and I direct the said trustees to assign and transfer, to my said wife, one of the said sums of five thousand pounds therein comprised accordingly, and I also will and direct that if my said Wife shall marry again after my decease and afterwards depart this life, leaving one or more Child or Children her surviving, the said trustees do and shall stand possessed of and interested in the sum of ten thousand pounds, further part of the said trust funds and securities therein comprised and now vested in them, as aforesaid, in trust for the absolute use and benefit of my said wife, independently of the debts, control or engagements of any future Husband, and to be assigned and disposed of as she shall by her Last Will and Testament, in writing, or any codicil or codicils thereto to be by her made and published in the presence of and attested by two or more credible witnesses, notwithstanding her coverture, give or bequeath the same and, if my said wife shall depart this life without leaving any child or children, by any future husband, her surviving, then I direct the said trustees to stand possessed and interested in the said last mentioned sum of ten thousand pounds, and the securities whereon the same may be then invested, immediately after the decease of my said wife, in trust to pay unto or permit and suffer or fully authorize and empower my brother, the said William Eliot, or his assigns, to receive the interest, dividends and annual proceeds, thereof, for his life and from and after his decease, in trust, for all and every for such one or more exclusively of the others of the children of the said William Eliot, for such interest and interests, in such parts, shares and proportions, and generally in such manner in all respects as the said William Eliot, by any deed or writing under his hand and Seal, with or without power of revocation, or by this last Will and Testament in writing, or any codicil or codicils, thereto to be respectively executed by him in the presence of and attested by two or more credible witnesses, shall direct or appoint, give or bequeath the same, and in default, thereof, and subject thereto, in trust for all the children of the said William Eliot, other than and except his eldest or only son, to be equally divided amongst them, share and share alike; to become payable to, and vested interests in them at such ages and times and with such conditions and powers of accruer and survivorship, maintenance and advancement as are hereinbefore directed, with respect to the said sum of thirteen thousand seven hundred and forty one pounds four shillings and seven pence three per cent Consols bequeathed to the children of the said Sir Joseph Sidney Yorke.

(I give the sum of five thousand pounds, part of the said principal trust funds comprised in my said marriage settlement, and to take effect after the decease of the said Harriet, Countess of St. Germans, to the trustees for the time being acting under the trusts of the pecuniary settlement made on the marriage of my niece, Dame Harriet Hester Pringle with Major General Sir William Henry Pringle, and bearing date on or about the third day of December one thousand eight hundred and eight, upon and for the same trusts, intents and purposes, and with, under and subject to the same powers, provisoes, conditions and limitations as are expressed and contained in the said settlement, with respect to the original pecuniary fortune of my said niece, and thereby assigned to or otherwise vested in the same trustees.)

And, further, it is my will, and I do hereby confirm, the conveyance and assurance of my said capital messuage or dwellinghouse in St. James Square, and I also give and devise all my estate and interest in the coachhouse and stable now held therewith, to the said trustees named in my said recited marriage settlement, with their appurtenances, upon trust to sell and dispose of the same, and to last out and invest the monies to arise from such sale, with the powers and in manner therein particularly mentioned; and I also direct that, until such Sale shall be completed, the said capital messuage or dwellinghouse, coachhouse and stables shall be held, and the rents and profits thereof paid and applied upon the same trusts, and for the same purposes, as the money to arise from the sale thereof is directed to be applied and disposed of; and I will and direct that my said trustees do and shall stand possessed of and interested in the sum of eleven thousand and one hundred pounds, part of the money to arise from such sale, being the sum for which the said dwellinghouse was purchased out of the fortune of the said Caroline, late Countess of St. Germans, and the stocks, funds or securities in or upon which the same may be invested pursuant to the directions contained in my said recited settlement, subject, nevertheless, to the life estate and interest therein of the said Harriet, now Countess of St. Germans, upon and for the same trusts, ends, intents and purposes, and subject to the same powers, provisoes, conditions and limitations as are herein directed with respect to the said principal sum of thirteen thousand seven hundred and forty one pounds four shillings and seven pence three per Cent Consolidated Bank annuities hereinbefore bequeathed to or for the benefit of the said Sir Joseph Sidney Yorke and his children.

And I give and bequeath the remainder of the money to arise from such sale to the said Harriet, now Countess of St. Germans, for her absolute use and benefit.

I also give and bequeath to my said wife all my leasehold interest in my house and premises at Blackheath, in the County of Kent, and also all my household furniture of every kind and description whatsoever, ornamental as well as useful, books, linen, china, wines and other liquors which shall at the time of my death be in or about my said leasehold house and premises at Blackheath and my capital messuage or dwellinghouse in St. James Square, and also all my plate, jewels and trinkets.

I give all my household goods and furniture, books, linen, china, wines and other liquors, live and dead stock, and implements of husbandry which shall at the time of my death be in or about my capital mansion houses at Port Eliot in the county of Cornwall and Down Ampney in the county of Wilts unto my said brother, William Eliot, for his absolute use and benefit.

And I give and devise all my real estate whatsoever, freehold or copyhold, of or to which I am seized or entitled for an estate of inheritance, in possession, reversion, remainder or expectancy, or of which I am enabled to dispose, with their appurtenances, unto and to the use of my said brother and his assigns for his life, without impeachment of waste, with remainder to the first and other sons of his body, lawfully begotten, successively, in tail male, with remainder to the said William Eliot, his heirs and assigns for ever.

I give and bequeath all the rest and residue of my personal estate and effects whatsoever not hereinbefore specifically disposed of, unto my said wife for her own use and benefit.

And I constitute and appoint my wife, Harriet, Countess of St. Germans, the said William Eliot, and the said John Viscount Eastnor executors of this my Will, provided always that the trustees and executors of this, my Will, shall not be charged or chargeable the one for the other or others of them, or for any Banker or other Person in whose hands any part of the said trust monies shall be lodged, or for any loss or damage whatsoever shall happen in the execution of the said trusts, without his of their wilful neglect or default, and that each and every of them, the said trustees or executors, may deduct, retain to and reimburse himself and themselves, and allow to his and their co trustees or executors respectively, or his or their executors or administrators, out of the monies which shall come to their respective hands, all such costs, charges and expences as they, any or either of them, shall or may pay, expend or be put unto, in or about the trusts hereby disposed in them, respectively, or in anywise attending the execution of this, my Will.

In witness whereof, I, the said John, Earl of St. Germans, the testator, have to two parts of this my last Will and Testament, each part contained in eight sheets of paper, set my hand and seal; that is to say, my hand to the first seven sheets of paper, and my hand and seal to the eighth and last sheet thereof, respectively, this twenty fourth day of August in the year of our Lord one thousand eight hundred and twenty one.

St. Germans
Signed, sealed, published and declared by the said John, Earl of St. Germans, the testator, as and for his last Will and Testament, in the presence of us, who in his presence, at his request, and in the presence of each other, have subscribed our names as witnesses thereof:
Josias Glanville of Catchfrench, St. Germans, Cornwall
John Lloyd Lugger of Plymouth Dock, Solicitor
Henry Sole, Clerk to Mr. John Lloyd Lugger

PROBATE
Proved at London, 12 March 1824, before the Judge, by the oath of the Right Honourable Dowager Countess of St. Germans, widow, the relict; the Right Honourable William, the Earl of St. Germans, formerly the Honourable William Eliot, the Brother; and the Honourable John Somers Cocks, commonly called Viscount Eastnor, the executors to whom administration was granted, they having been first sworn, that is to say, the said Right Honourable Dowager Countess of St. Germans and the Right Honourable the Earl of St. Germans by commission, and the said Honourable John Somers Cocks, commonly called Viscount Eastnor, before the Worshipful John Daubeny, Doctor of Laws and Surrogate, duly to administer.