Will of William Burvill Holmes

of Deal, Kent

after payment of my just debts funeral and testamentary expences I give devise and bequeath all my real and personal estate whatsoever and wheresoever to which I am now or may at any time hereafter become possessed of or entitled to unto my beloved Wife Elizabeth Allen Holmes her heirs and assigns for ever
and I appoint her sole Executrix of this my Will and sole Guardian of my children

but in the event of my said Wife dying in my lifetime then I nominate and appoint my Brothers James Manger Holmes and Burville Holmes and my Brother in Law William Matson Cavell Executors of this my Will so far only as relates to all real and personal property belonging to me in England
and my Friend William Andrew Ludlow a Captain in the said 12th Regiment of Bengal Native Infantry Executor so far only as relates to all real and personal property belonging to me in India
And I also appoint the said James Manger Holmes, William Andrew Ludlow, Burvill Holmes and William Matson Cavell Guardians of my children during their minority

I give devise and bequeath all such real and personal estate as shall be situate or recoverable in England unto the said James Manger Holmes, William Andrew Ludlow, Burvill Holmes and William Matson Cavell their heirs executors administrators and assigns To hold the same unto the said James Manger Holmes, William Andrew Ludlow, Burvill Holmes and William Matson Cavell their heirs and assigns Upon the trusts hereinafter declared concerning the same
Also I give devise and bequeath all such real and personal estate as shall be situate and recoverable in India unto the said William Andrew Ludlow his heirs executors administrators and assigns Upon the same trusts as are hereinafter declared concerning my real and personal estate situate in England and devised to the said James Manger Holmes, Burvill Holmes and William Matson Cavell as aforesaid

And I hereby declare that the gift and devise hereinbefore by me made to the said James Manger Holmes, Burvill Holmes and William Matson Cavell of all my real and personal estate in England is Upon trust
That they or the survivors or survivor of them or the heirs executors administrators or assigns of such survivor do and shall as soon as conveniently may be after my decease sell and dispose of the same real * and get in and convert into money my said personal estate in such manner as they shall think best
And I will that the money to be raised by such sale of my said real and personal estate and the rents and profits thereof until such sale (after all just and reasonable charges thereout deducted shall be taken as part of and go along with the residue of my personal estate as the same whereinafter disposed of
And I will that the receipt or receipts of the said James Manger Holmes, Burvill Holmes and William Matson Cavell or the survivors or survivor of them or the heirs executors administrators or assigns of the survivor of them for all such money as shall be paid to them under or by virtue of this my Will as the consideration money for any part of my real or personal estate situate in England as aforesaid shall be sufficient discharges for the same and any person taking such receipts for their purchase money shall not be obliged to see to the application thereof

And I further Will that the receipt or receipts of the said William Andrew Ludlow his heirs executors administrators and assigns for all such real and personal estate in India as aforesaid as shall be receivable by him under the trusts of this my Will shall be sufficient discharges to the purchasers thereof and that such purchasers shall not be obliged to see to the application thereof and that the money to be raised by such sale of my real and personal estate in India as aforesaid shall be taken as part of and go along with the residue of my personal estate as the same is hereinafter disposed of

And as to the said monies to arise from the sale of my said real estate and all the residue of my personal estate I give and bequeath the same unto the said James Manger Holmes, Burvill Holmes and William Matson Cavell their heirs executors administrators or assigns Upon trust to invest the money to arise from the said real Estate and the said residue of my personal estate to be sold and gotten in as aforesaid in their names in or upon any of the public stocks funds or securities in the United Kingdom or on mortgages of real estates in England and Wales with liberty to vary and transpose the (investment) from time to time at the discretion of them the said James Manger Holmes, Burvill Holmes and William Matson Cavell or the trustees or trustee for the time being of this my Will for any other investment of the description contemplated by this trust

And as to the money to arise as aforesaid and the stocks funds and securities whereon the same shall be invested In trust for my child if only one wholly or for my children if more than one in equal shares and to be payable to the Sons on their attaining their age of twenty one years and to the daughters on their attaining that age or day of marriage which shall first happen But if any of them shall die under the age of twenty one years without leaving lawful issue that then the part or share of him her or them so dying shall be equally divided amongst the survivors of my said children but if all or any of such children shall die leaving lawful issue then the part or share of such child or children so dying shall go to their respective lawful issue

Provided always that it shall be lawful for the said James Manger Holmes, Burvill Holmes and William Matson Cavell or the survivors or survivor of them or the trustees or trustee for the time being to apply in or towards the maintenance and education or otherwise for the benefit of such child of mine entitled under the trusts aforesaid to a share not absolutely vested the whole or any part of the annual income of such share Provided further that it shall be lawful for the said James Manger Holmes, Burvill Holmes and William Matson Cavell or the survivors or survivor of them or the trustees or trustee for the time being to apply in or towards the advancement in life or Establishment in business of each child entitled as aforesaid any part not exceeding one half part of the capital of his or her share

Provided further that my said trustees and Executors for the time being their heirs executors and administrators shall be answerable for their own respective receipts and wilful defaults only and shall be at liberty to retain and allow to each other their respective reasonable disbursements and expences

In Witness whereof I have hereunto set my hand this twenty fourth day of January in the year of our Lord one thousand eight hundred and forty
W. B. Holmes Lieut. 12th Regt. Bengal Native Infantry

Signed and acknowledged by the said William Burvill Holmes the Testator as and for his last Will and Testament in the presence of us who at the same time in his and each other’s presence have hereunto subscribed our names as Witnesses
Henry Harries 76 Great Chart Street, Hoxton - S. A. Askwith 65 Hatfield St., Stamford Street - Thomas F. Carter 61 Aldermansbury

Cover:
To all and singular the faithful in Christ to whom these our present Letters Testimonial shall come or whom the matters here written do or may hereafter in in anywise concern the Supreme Court of Judicature at Fort William in Bengal Sendeth Greeting in our Lord God everlasting and will that undoubted such be given to these presents and do make known and will that it be hereby made known unto you that on searching the Register of the said Supreme Court and the Archives thereof there well and faithfully preserved and kept it has been discovered and plainly found amongst other things in the same
that on the ninth day of May in the year of our Lord one thousand eight hundred and forty six at Calcutta at Fort William in Bengal before the said Supreme Court the last Will and Testament of William Burvill Holmes late a Captain in the twelfth Regiment of Bengal Native Infantry in the Service of the East India Company on their Bengal Establishment deceased having whilst living and at the time of his death goods chattels or credits within the Provinces of Bengal Behar and Orissa or in the province or district of Benares (nowadays known as “Varanasi”) or some of them sufficient to ground the Jurisdiction of the said Supreme Court was proved approved and registered and administration of all and singular the goods chattels and credits of the said deceased in any way concerning his said Will was on the second day of June in the same year granted to William Andrew Ludlow, the sole Executor in the said Will named, he the said William Andrew Ludlow having been duly sworn on the 22nd day of May in the same year at Shahjehanpore before Gilbert Pocklington Money one of the Commissioners duly appointed by the said Supreme Court for that purpose well and truly to administer the same and to make a true and perfect inventory of all and singular the said goods chattels and credits of the said deceased and to exhibit the same into the Registry of the said Court within six months from the said twenty seventh day of May and also to render a just and true account thereof which said Will follows in these words
(end of cover - see above for will)

In the Supreme Court of Judicature at Fort William in Bengal In the Goods of William Burvill Holmes deceased

William Andrew Ludlow of Shahjehanpore in the North Western Provinces of British India a Captain in the twelfth Regiment of Bengal Native Infantry maketh Oath and saith that the above named deceased who was in his lifetime and at the time of his death a British subject and a Captain in the same Regiment has lately departed this life having duly made and published his last Will and Testament hereunto annexed and marked with the letter “A” and thereby appointed this Deponent sole Executor thereof so far only as relates to all real and personal property belonging to the Testator in India
And this Deponent further saith that to the best of his information and belief the said Will was executed by the said Testator at or about the time the same bears date and that the said Testator was then of sound mind memory and understanding and that he died without in any manner altering or revoking his said Will and leaving property and effects within the Jurisdiction of this Honorable Court to be administered
And this Deponent further saith that he is well acquainted with the handwriting of the said William Burvill Holmes and has frequently seen him write and that the signature “W. B. Holmes Lieut. 12th Regt. Bengal Native Infantry” appearing at the foot of the said Will is of the proper handwriting of the said William Burvill Holmes and this Deponent further saith that all the attesting Witnesses to the said Will are as this Deponent verily believes in England where the Will purports to have been (made) and as this Deponent verily believes was executed and that he is not acquainted with the handwriting of any or either of them nor aware that there is any person in India able to depose to the handwriting of either of them
W. A. Ludlow Captain
Sworn this 22nd day of May 1846 Before me G.V. Monce C. Solr.
In faith and Testimony of all and singular which premises the said Court hath caused these present Letters Testimonial to issue forth and to be corroborated and confirmed by affixing thereto the Seal of the said Supreme Court given at Calcutta at Fort William in Bengal the second day of November in the year of our Lord one thousand eight hundred and forty six. J. Jurton Registrar

Proved at London the 15th April 1847 before the Worshipful Jesse Addams, Doctor of Laws and Surrogate by the Oath of James Manger Holmes the Brother one of the Executors for England to whom Administration was granted having been first sworn duly to Administer. Power reserved of making the like grant to Burvill Holmes the Brother also and William Matson Cavell the other Executors for England when they shall apply for the same.

Notes:
* Appears to be a few words missing here - “... the same real and personal estate and get in and convert ....”
William Burvill Holmes was buried at Saint Pauls Cathedral, Calcutta, West Bengal, India.
A Memorial Inscription was, in 1851, erected by their Brother Officers in St. Paul's Cathedral aforesaid.
The M. I. reads: Captain William Burvill Holmes. Who died on 21 Dec 1845 from wounds received in action at Ferozeshah, India in the first Anglo-Sikh war (21st-22nd December 1845).
William Burvill Holmes joined the 12th Regiment of the Bengal Native Infantry of the East India Company and was accepted by them on 1st December 1824.
He was born in Dover, the son of James and Maria Holmes of St. James the Apostle. He was christened there 3 March 1805.
William Burvill Holmes Bachelor & Minor of St. James Dover, Kent, married Elizabeth Allen Cavell a Minor & Spinster of St. Leonard, Deal, James Holmes and William Cavell the respective fathers of the said Minors, by Licence on 6th December 1824.
Witnesses: W. Cavell, M.A. Cavell, E.A. Matson, L. Woodruff, Wm. M. Cavell.
Their only son, William Burvill Holmes, was baptised 18th April 1838 at St. Leonard, Deal. Father William Burvill Holmes, Lieutenant, 12th Bengal, of Lower Street, Deal. Baptised originally at James Town, St. Helena, by Revd. W. Jleps [Jelps?], Chaplain of the Troops.

Transcribed by Mrs. Shelagh Mason, 6th-7th February 2021

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