Wills
ELIZABETH SERCOMBE (NEE OTTO-BAIJER) 1846
This is the last Will and Testament of me Elizabeth Sercombe (wife of Mr Thomas F. Sercombe) now residing as separate from my husband at Heavitree near the City of Exeter
So far as regards the property bequeathed to me for my separate use by the Will of my late brother Baijer Otto Baijer Esquire deceased and which consists of a life interest in one third of a moiety of the residuary personal estate in England and of the product of the real and personal estate in Antigua of my said late brother
Whereas the Trustees of my said brother’s Will have by my desire by and out of my share of the proceeds of the Antigua Estate for the year ending the thirty first day of May one thousand eight hundred and forty six invested the sum of two hundred pounds sterling in the purchase of two hundred and eight pounds seventeen shillings and six pence three pounds per each consolidated bank annuities in the name of my son William Sercombe of the Out-tellers Office Bank of England Gentleman and Drewry Ottley of Bedford Place Russell Square in the County of Middlesex Surgeon as trustees for me
And whereas I may have it in my power to make other Savings or accumulations out of my life income in addition to the stock so purchased as aforesaid
Now I do hereby give and bequeath unto the said William Sercombe and Drewry Ottley not only the said stock so purchased in their names as aforesaid but also all further additions which I may hereafter make thereto by means of accumulations and savings out of my Life Income and all such proportion as may happen to be due to me at the time of my death and not otherwise appointed by me of my current year’s income
Upon trust nevertheless and my Will is that the said William Sercombe and Drewry Ottley and the survivor of them his executors and administrators do and shall stand possessed thereof
Upon trust for and for the sole use and benefit of my daughter Ann Sercombe the executors administrators and assigns and with full power and authority at their and his uncontrolled discretion from time to time or at any time to apply the whole or any part of the trust fund principal as well as interest in or towards the maintenance or otherwise for the benefit of my said daughter as they or he may think will be most for her advantage having regard for her unfortunate condition
And I appoint the said William Sercombe and Drewry Ottley Executors of this my Will
In witness whereof I have hereunto subscribed my name this second day of August one thousand eight hundred and forty six
[SIGNED:] Elizabeth Sercombe
Signed by the above named Elizabeth Sercombe as and for her last Will and Testament before us both then being present together who in her presence and in the presence of each other hereunto subscribed our names as Witnesses -
GRACE TUCKER No. 11 Albion Place Heavitree
WILLIAM TUCKER No. 11 Ditto Ditto
Proved at London 4th March 1848 before the Worshipful William Robinson Doctor of Laws and Surrogate by the oath of William Sercombe the son of the said deceased out of the Executors to whom admin was granted limited so far only as regards all the right title and interest of her the deceased in and to all such personal estate and effects as she the said deceased by virtue of the Will of her brother Baijer Otto Baijer deceased proved in the said Court in the Month of March 1826 had a right to appoint or dispose of and hath in and by her said Will appointed or disposed of accordingly but not further or otherwise having been first sworn only to administer power reserved of making the like grant to Drewry Ottley the other Executor when he shall apply the same
[Transcribed by Jane Sercombe Lewis]
So far as regards the property bequeathed to me for my separate use by the Will of my late brother Baijer Otto Baijer Esquire deceased and which consists of a life interest in one third of a moiety of the residuary personal estate in England and of the product of the real and personal estate in Antigua of my said late brother
Whereas the Trustees of my said brother’s Will have by my desire by and out of my share of the proceeds of the Antigua Estate for the year ending the thirty first day of May one thousand eight hundred and forty six invested the sum of two hundred pounds sterling in the purchase of two hundred and eight pounds seventeen shillings and six pence three pounds per each consolidated bank annuities in the name of my son William Sercombe of the Out-tellers Office Bank of England Gentleman and Drewry Ottley of Bedford Place Russell Square in the County of Middlesex Surgeon as trustees for me
And whereas I may have it in my power to make other Savings or accumulations out of my life income in addition to the stock so purchased as aforesaid
Now I do hereby give and bequeath unto the said William Sercombe and Drewry Ottley not only the said stock so purchased in their names as aforesaid but also all further additions which I may hereafter make thereto by means of accumulations and savings out of my Life Income and all such proportion as may happen to be due to me at the time of my death and not otherwise appointed by me of my current year’s income
Upon trust nevertheless and my Will is that the said William Sercombe and Drewry Ottley and the survivor of them his executors and administrators do and shall stand possessed thereof
Upon trust for and for the sole use and benefit of my daughter Ann Sercombe the executors administrators and assigns and with full power and authority at their and his uncontrolled discretion from time to time or at any time to apply the whole or any part of the trust fund principal as well as interest in or towards the maintenance or otherwise for the benefit of my said daughter as they or he may think will be most for her advantage having regard for her unfortunate condition
And I appoint the said William Sercombe and Drewry Ottley Executors of this my Will
In witness whereof I have hereunto subscribed my name this second day of August one thousand eight hundred and forty six
[SIGNED:] Elizabeth Sercombe
Signed by the above named Elizabeth Sercombe as and for her last Will and Testament before us both then being present together who in her presence and in the presence of each other hereunto subscribed our names as Witnesses -
GRACE TUCKER No. 11 Albion Place Heavitree
WILLIAM TUCKER No. 11 Ditto Ditto
Proved at London 4th March 1848 before the Worshipful William Robinson Doctor of Laws and Surrogate by the oath of William Sercombe the son of the said deceased out of the Executors to whom admin was granted limited so far only as regards all the right title and interest of her the deceased in and to all such personal estate and effects as she the said deceased by virtue of the Will of her brother Baijer Otto Baijer deceased proved in the said Court in the Month of March 1826 had a right to appoint or dispose of and hath in and by her said Will appointed or disposed of accordingly but not further or otherwise having been first sworn only to administer power reserved of making the like grant to Drewry Ottley the other Executor when he shall apply the same
[Transcribed by Jane Sercombe Lewis]