WILL OF ANDREW MONTAGUE ISAACSON DURNFORD: This is the last will of me, Andrew Montagu Isaacson Durn…
WILL OF ANDREW MONTAGUE ISAACSON DURNFORD: This is the last will of me, Andrew Montagu Isaacson Durnford, an Ensign on the Retired List of the second Royal Veteran Battalion and formerly of the Parish of Saint Marlebone and a Captain in the Third Regiment of Foot Guards Whereas under the settlement dated the 16th day of February 1796 made previous to my marriage with Barbara Ann Shea a sum of three thousand pounds now invested in the sum of four thousand two hundred and eighty three pounds fifteen shillings and five pence Bank three per cent annuities and standing in the name of the accountant General of the Court of Chancery In trust in a cause (?) wherein I and others were Plaintiffs and Stair Stuart and others were defendants now stands limited Upon trust after my decease and the decease of said BARBARA ANN SHEA who is now dead and in default of any appointment by me and the said BARBARA ANN SHEA jointly or by me alone after her decease (and which power of Joint appointment was never exercised and which sole power of appointment has not been and is not intended to be exercised by me) to be transferred to all and every the child and children of the said marriage equally to be divided between and amongst them, share and share alike, the shares of sons to be transferred to them at their respective ages of twenty one years and the shares of daughters at that age or marriage after the decease of the survivor of me and the said BARBARA ANN SHEA and it is declared that in default of any appointment the shares under the said settlement of sons attaining the age of 21 years in the lifetime of myself and of the said BARBARA ANN SHEA or of the survivor of us shall be considered as vested interests and be transmissible as such to their executors or administrators And whereas there were issue of the said marriage five children namely ANDREW MONTAGU ISAACSON DURNFORD now residing at Barrie in Upper Canada, JEMIMA DURNFORD (afterwards the wife of GEORGE PEACOCK but now deceased) ARABELLA DURNFORD, ELIZA DURNFORD and EDWARD PHILIP DURNFORD And whereas the said EDWARD PHILIP DURNFORD was born on the 15th day of February 1803 and died intestate on the 14th day of August 1824 on board Her Majesty's ship "Leven", then off the Island of Madagascar And whereas the said EDWARD PHILIP DURNFORD having attained the age of 21 years and having died intestate I am entitled as his father and sole next of kin to his fifth part or share of the monies and funds comprised in the said Settlement And I intend to take out administration to him Now I do by this my Will give the said fifth part or share of the said EDWARD PHILIP DURNFORD of and in the monies and funds comprised in the said Settlement and all other monies, shares or interests in the said monies and funds under the said Settlement which as the next of kin of the said EDWARD PHILIP DURNFORD or as the next of kin of any others of my said children I may have power to dispose of at the time of my decease unto THOMAS HYDE DURNFORD of Surrey Grove, Surrey Square in the County of Surrey Gentleman and FREDERICK BURGH WEST of King (?) Street Westminster Saro (?) Stationer their executors administrators and assigns upon the trusts following that is to say Upon trust if I shall not have done so to take out the necessary letters of administration to my said deceased son and to any others of my children who may be then dead intestate leaving me their sole next of kin and to take such proceedings as may be necessary to receive the said shares of the said monies and funds out of the Court of Chancery and after receipt thereof upon trust to reimburse and pay themselves or to other the persons advancing the same all costs incurred by them or me in relation to the said administrations and the proceedings whether taken by me or them and also the expense of proving this my Will and to stand possessed of the surplus of the said monies Upon trust to invest the same in the public funds or upon Government or real securities or Railway bonds or debentures or preference or guaranteed shares or stock at the discretion of my Executors or trustees or trustee and to pay the income thereof to and equally between my following daughters (not being children of the said BARBARA ANN SHEA) namely ELIZA DURNFORD, CHARLOTTE LOUISA WESTWOOD WOODMAN Widow AMELIA MARIA ISAACSON DURNFORD and CAROLINE SUSANNA MONTAGU DURNFORD and the survivors of them share and share alike during their respective lives and the whole to the survivor of them after the decease of the others of them during the remainder of her life the share of each daughter in the part or whole of the said income to be for her separate and unalienable use and disposal independently of any husband and for which her receipt alone shall be a sufficient discharge And after the decease of the survivor of my said daughters Upon trust to divide the principal of the said fund equally amongst all the children of my said daughters who shall be living at the time of the decease of such survivor and if there shall be no children then living of any of such daughters then Upon trust to pay the same to such persons absolutely as the survivor of my said daughters shall whether married or sole and if married notwithsatnding her coverture (?) by her will appoint to receive the same And whereas I am the eldest son and the surviving Executor of my father ANDREW DURNFORD, formerly a (?)(?) major in the Royal Engineers and who died at the island of Bermuda in 1799 and as such heir (?)(?) Saro (?) and Executor I am entitled to real and personal estate in the said Island left by my said father which I have not yet been able to recover And Whereas I am also entitled as one of the heirs and next of kin of THOMAS DURNFORD late of New Orleans(1st Cousin once removed) deceased to a share of real and personal property there for the recovery of which powers of Attorney have been sent to New Orleans Now I give all the property of every description of my said father and of the said THOMAS DURNFORD and also all other property monies and effects to which I [am] entitled or which I can dispose of by Will unto the said THOMAS HYDE DURNFORD and FREDERICK BURGH WEST their heirs executors and administrators Upon trusts sell and convert into money all such parts thereof as shall not consist of money and to stand possessed of the monies to arise (?) by such conversion and of all other monies which may come to their hands from the said estates and property or otherwise and thereout (?) to pay all expenses incurred in relation thereto and all other expenses of my Executors which may not then have been paid out of my other funds (?) and after payment thereof to pay to my son ALFRED DURNFORD the sum of One hundred pounds (£ 100) and to stand possessed of the residue of the said monies upon such and the same trusts and subject to the same powers for the benefit of my said dsaughters ELIZA DURNFORD CHARLOTTE LOUISA WESTWOOD WOODMAN AMELIA MARIA ISAACSON DURNFORD and CAROLINE SUSANNA MONTAGU DURNFORD and the survivors and survivor of them and their children and subject to the same restrictions and with the same powers of disposition as I have already declared with respect to the share of the monies and funds to which I am entitled under the said recited (?) Indenture of Settlement I appoint the said THOMAS HYDE DURNFORD and FREDERICK BURGH WESTt Trustees and executors of this my Will and I authorize them and the survivior of them and the executors or administrators of such survivor to retire from the trusts of this my Will and (?)(?) such retirement or in any other event to appoint any new trustees or trustee of this my Will either in the place of any retiring or deceased trustees or trustee or in addition thereto and I empower my trustees or trustee or executors for the time (?) bound (?) to give valid discharges for any money which shall be paid to them or him and from time to time to vary or alter any funds or securites upon which any part of my property may be invested I revoke all former Wills and declare this to be last and only subsisting Will In Witness Whereof I have to this my Will contained on five sides of paper signed my name at the end or foot of the fifth and last side thereof this eleventh day of Septmeber One thousand eight hundred and fifty four.
A M I Durnford
Signed by the said ANDREW MONTAGU ISAACSON DURNFORD as and for his last Will in the presence of us both present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses this 11th day of September 1854.
WM. GEO. DURNFORD MARY MILNER MATILDA BRITTLE (?)
Surbiton Hill Proved at London 31st August 1858 by the Oaths of THOMAS HYDE DURNFORD and FREDERICK BURGH WEST the Executors to whom Admon was granted.