Will of James Cross

of Southwark, Surrey and Thanet St John, Kent

I give and bequeath unto my dear Wife Catherine Cross the free and uninterrupted use of so much of my household Furniture, plate, Linen and China as will furnish her a house in a liberal and handsome manner and for the weartear and Breakage whereof she shall not be answerable or accountable to any person

I give and bequeath unto my said dear wife the Interest dividends ad produce of Four thousand Four hundred pounds, five pounds per centum Navy Annuities payable at the Bank of England to be from time to time paid to and for her own sole and separate use Benefit and disposal for and during her natural life and her Receipt only to be from time a sufficient discharge to the person or persons paying the same and to be paid into her own proper hands only to be the intent and purpose that the same may be an unalienable provision for her life and that the same not be subject or liable to the debts Controul disposition or Engagement of any Husband or Husbands with whom she may at any time hereafter happen to intermarry And I do hereby expressly charge all and singular my property in the public Funds with the payment of the same

And I do hereby declare my mind and will to be that the provision hereby made in favour of my said Wife is to be taken and received by her in full satisfaction and discharge of all dower and thirds she my said wife can possibly claim challenge or demand by from or out of my Real or Personal Estate or either of them and that she my said wife shall and will on request being to her made by all or any or either of my Executors hereinafter named at the Expence of my Estate and Effects execute seal and deliver a full and proper Release of my Estate and Effects of and from the same save except as to such part and so much as will be sufficient to secure to her the payment of such Interest money as aforesaid

And from and after the decease of my said Wife the said four thousand four hundred pounds five pounds per centum Navy Annuities is to fall into and be considered and taken as part and parcel of the Rest and Residue of my Estate and Effects

I give and bequeath unto my daughter Charlotte Cross one Annuity or clear nett annual Sum of one hundred and fifty pounds payable half yearly for and during the term of her natural life and to be paid unto her own proper hands only to the intent and purpose that the same may be an unalienable provision for her life and also to the intent and purpose that the same shall not be subject or liable to the debts Controul disposition or Engagement of any Husband or Husbands with whom she may at any time hereafter think proper to intermarry

I give and bequeath unto my daughter Sophia Cross one Annuity or clear nett annual Sum of one hundred and fifty pounds payable half yearly for and during the term of her natural life and to be paid unto her own proper hands only to the intent and purpose that the same may be an unalienable provision for her life and also to the intent and purpose that the same shall not be subject or liable to the debts Controul disposition or Engagement of any Husband or Husbands with whom she may at any time hereafter think proper to intermarry

But in case either of my said daughters shall happen to die without lawful Issue or being such Issue shall die under the age of twenty one years Then I give and bequeath the annuity to which such said daughter was entitled unto, unto the Survivor of them for and during the term of her natural life but subject in the like manner to the same provisoes and conditions as is hereinbefore mentioned with respect to the Annuity of one hundred and Fifty pounds hereinbefore given to my said daughter so surviving

and I do hereby expressly charge my Real and Personal Estate with the payment of the said two several Annuities of one hundred and Fifty pounds and one hundred and Fifty pounds or with the same consolidated if that event shall take place subject as aforesaid should my said wife during her widowhood choose to live in either of my houses in Windham Place Camberwell Surrey [now Wyndham Road] I order and direct that she have liberty so to do, subject to her paying the nett annual Rent of Ten Pounds therefore And I do hereby authorize and impower my Executors to lay out and expend a Sum not exceeding one hundred pounds in the making any additions or Alterations thereto (not repairs) for her comfort and good liking and that the same be from time to time properly painted papered and repaired by and out of my said Estate and Effects during her residence therein

I give and bequeath unto my Sister Elizabeth Brooks for and during the term of her natural life one annuity or clear yearly Sum of Twenty pounds freed and discharged of and from the Legacy duty which is to be paid and borne by and out of my Estate and Effects as is also the annual property Tax to be from time to time due and payable in respect thereof it being my intention that the same annuity is to be paid into the proper hands of my said Sister only free of all Incumbrances and Charges whatsoever and that the same shall not be subject or liable to the debts Controul disposition or Engagements of her present of any future after taken Husband but that the same be for her own sole and peculiar use and benefit as if she was a Feme sole and unmarried to the intent that the same may be an unalienable provision for her (so far as the same will extend) for her life the first payment of such Annuity to begin and be made at the first usual quarter day that shall next happen after my decease the same being to be paid quarterly

I give and bequeath unto my Niece Harriott Hofferman and my Nephew George Brooks one hundred and fifty pounds each but in case either of them shall happen to die under the age of twenty one then I order the Legacy to him or her given to fall into the Rest and Residue of my Estate and Effects

I do hereby authorize and empower my Executors to lay out and expend the Sum of Fifty pounds part and parcel of the said Sum of one hundred and fifty pounds given to my said Nephew in the putting him out apprentice to some Trade or calling
I give and bequeath unto each of my Executors Twenty five pounds as a small compensation for the trouble they may have in carrying this my will into execution

And as to all the Rest Residue and Remainder of my Estate and Effects Real and Personal whatsoever and wheresoever I give devise and bequeath the same unto and equally between my said two daughters Charlotte and Sophia and to their Heirs for ever as Tenants in common and not as joint Tenants with benefit of survivorship nevertheless in case of the death of either of them without lawful Issue

And I do hereby authorize and impower my said Executors and the Survivors or Survivor of them and the Executors or Administrators of such Survivor to pay and apply the Interest Dividends and produce of each Childs respective share of and in my Estate and Effects or so much thereof as they in their discretion shall think fit in the board, Lodging, Education and bringing up of such respective Child until such think fit in the board, Lodging, Education and bringing up such respective Child until such Child shall attain the age of twenty one years

And I do hereby declare order and direct that my said Executors or either of them shall not be answerable or accountable for each other or for the Acts deeds Receipts Payments or disbursements of the others or other of them but each for his her and their respective acts and deeds only nor for any loss that shall or may happen to my said Estate or Effects by the failure of any Bank or Bankers with whom my said Estate and Effects or any part thereof shall or may be placed her his or their wilful default or procurement
And I do hereby authorize and impower my said Executors and each of them by and out of my said Estate and Effects to reimburse herself himself and themselves all such Costs Charges and Expences they or either of them shall or may sustain expend or be out unto in and about the execution of this my Will

And I do hereby nominate constitute and appoint my said Wife together with my good Friends George Gunnings of Frindsbury in the County of Kent Esquire, William Comport of Shorn(e) in the said County of Kent Esquire and Thomas Shearly of Boxley in the said County of Kent Butcher Executors of this my last Will and Testament

And I do hereby revoke and make void all former and other wills by me at any time heretofore made and do declare this only to be my last will and Testament
In Witness whereof I have to this my last Will and Testament contained in this and the two preceding Sheets to the two preceding Sheets I set my hand and to this the third and last Sheet my hand and seal this first day of February in the year of our Lord one thousand eight hundred and eleven
J. Cross

Signed sealed published by the above named James Cross the Testator as and for his last Will and Testament (there being six several interlineations first made) in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses thereto
W. W. Brewer, No. 7 Staple Inn - Frans. Child, Bankside, Southwark - John Watts, 4 King Street, Southwark

A Codicil to be taken as part of the last will and Testament of me the within named James Cross that is to say

I give and bequeath to my Wife a clear Annuity of yearly Sum of Fifty five pounds over and above what I have given to her in and by my said last Will and Testament for and during her natural life if she shall so long remain my widow and unmarried and not otherwise to be paid only into her own proper hands and her Receipt only to be a discharge and not to be paid by way of anticipation the first quarterly payment to be made at the first usual quarterly day for payment of Rent that shall happen next after my decease

I desire that the moneys due to me from my late Brother in Law John Brooks on mortgage be deducted from out of the Rents of his late dwelling house at certain stipulated half yearly payments pro rata according to the number of years there is or may be to come in the Lease thereof but the Interest on the existing capital to be from time to time kept down out of such Rents
should my Sister Elizabeth Brooks outlive the term to come in such Lease I give and bequeath unto her an additional Annuity or Yearly Sum of Thirty pounds discharged of the Income Property Tax or Legacy duty the first payment of such additional Annuity (which is to be paid quarterly and for and during her natural life only) to be made on the first usual quarter day for payment of Rent that shall happen next after the expiration of such Lease

I do hereby authorize and impower the Executors named in my said Will or the Survivors and Survivor of them and the Executors and administrators of such Survivor to proceed to a Sale of my Leasehold premises at Sydenham in the County of Kent (let the loss thereon be what it may) either by public auction or private contract when and at such time and if at all as they in their discretion shall think fit and to convey and assign the same to the purchaser or purchasers thereof

And I do hereby declare that the Receipt of my said Executors or the Survivors and Survivor of them to such purchaser or purchasers thereof shall be as good and effectual as if the same had been signed by me without such purchaser or purchasers being obliged or bound to see to the application or nonapplication of the purchase money
as my Friend William Thunard? does not I am sure expect any Legacy of any amount from me (having Children) nevertheless I beg his acceptance of a Ring of the value of Five Guineas as a token of our Long Friendship

And I do hereby ratify and confirm my said last Will and Testament in all other respects
In Witness whereof I have hereunto set my hand and Seal this Ninth day of April in the year of our Lord one thousand eight hundred and twelve
J. Cross

Signed sealed published and declared by the above named James Cross as a Codicil to be considered and taken as part of his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses thereto
W. Brewer, 7 Staple Inn; Fras Child, Bankside, Southwark; John Watts, 4 King Street, Southwark

Appeared Personally John Milsom of Clapham Road Place in the Parish of Saint Mary, Lambeth in the County of Surrey, Gentleman and being sworn made oath that he knew and was intimately acquainted with James Cross late of the Borough of Southwark in the Parish of Saint George, Southwark, in the County of Surrey, but at Margate in the County of Kent deceased for some years before and down to the time of his death which happened on or about the 11th day of September last (1813) and that immediately after his death on examining the deceased’s papers he the Deponent found in the Closet of the House of the said deceased at Sydenham in the County of Kent and in which said Closet he usually deposited his papers of moment and concern, the last Will and Testament with a Codicil of the said deceased hereunto annexed, the said Will beginning thus:
“In the Name of God Amen I James Cross of the Borough of Southwark in the County of Surrey Attorney at Law” ending thus: “In Witness whereof I have to this my last Will and Testament contained in this and the two preceding Sheets to the two preceding Sheets I set my hand and to this the third and last Sheet my hand and seal this first day of February in the year of our Lord one thousand eight hundred and eleven” and thus Subscribed: “ J. Cross”
The said Codicil beginning thus: “A Codicil to be taken as part of the last will and Testament of me the within named James Cross” and ending thus: “In Witness whereof I have hereunto set my hand and Seal this Ninth day of April in the year of our Lord one thousand eight hundred and twelve” and Subscribed as aforesaid: “J. Cross”

and particularly observed the following words obliterated to wit: “I order and direct that my Brother in Law John Gill be permitted to hold and enjoy the lands he now occupies for fourteen years at the least from the date upon the same and the like Trusts he now holds the same and so that he farms the same to the good liking of my Executors hereinafter named or the Survivors or Survivor of them” in the 20th, 21st, 22nd, 23rd and 24th lines in the second Sheet of the said Will as also the lineation of the words “and Childs respective Share” in the ninth line of the third sheet of the said Will respectively computed from the top thereof and that the said Will and Codicil are now in every respect in the part plight and condition as when he this Deponent found the same deposited in the said deceased’s Closet as aforesaid
John Milsom
The 25th October 1813 the said John Milsom was duly sworn to the truth of his Affidavit Before me Saml. R. Meryick Surr. [Surrogate] psnt. [present] S. Atten Notary pub[lic].

Proved at London with a Codicil 29th October 1813 before the Worp. Saml. Bush Meyrick Dr. of Laws & Surr. by the Oaths of Catherine Cross Widow the Relict, George Gunning (in the Will written Gunnings), William Comport Esqr. and Thomas Shearly the Ex[ecut]ors. to whom adm[inistrati]on was granted having been first sworn duly to admr. Exd.

On the 16th day of June 1830 admon. with the Will annexed of the goods chattels and credits of James Cross late of King Street in the Borough of Southwark in the County of Surrey but at Margate in the County of Kent Gentleman deceased left unadministered by Catherine Cross Widow the relict, George Gunning in the Will written Gunnings, William Comport Esquire and Thomas Shearly respectively deceased whilst living the Executors named in the said Will was granted to Charlotte Shearly wife of William Shearly and Sophia Cross Spinster the daughters and residuary Legatees named in the said Will having been first sworn duly to administer. The said Catherine Cross survived her Co Executrix and died Intestate.

Note: James Cross was buried, aged 64, on 22nd September 1813 at St. John in Thanet (Margate), Kent.

Transcribed by Mrs. Shelagh Mason 1st-2nd March 2021

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