Will of Mary Anne Tinling
(widow of Isaac Pattison Tinling)
This is the last Will and Testament of me, Mary Anne Tinling of Cheltenham in the County of Gloucester Widow of the late Major General Isaac Pattison Tinling I give and bequeath unto Henry John Adeane of Babraham in the County of Cambridge Esquire, The Reverend Henry Law Archdeacon of Wells and The Reverend James Law Chancellor of Lichfield their executors administrators and assignees the sum of one thousand pounds three per centum consols and Three thousand five hundred pounds three and a half per cent reduced annuities Upon the trusts and for the purposes following that is to say Upon trust to receive the interest dividends and annual proceeds thereof and pay the said as and when received into the proper hands of my daughter ffrances Wentworth Tinling wife of Charles Hugh Lyle Tinling Esquire a Captain in Her Majesty’s Service or to such person or persons as my said daughter shall by writing or under her hand (but not by way of anticipation) appoint to receive the same for and during the term of her natural life for her own sole and separate use independent of and not to be subject ot the debts control engagements or interference of her present or any future husband And I declare that the receipt and receipts of my said daughter or of the person or persons so appointed to receive the same shall from time to time notwithstanding coverture but not by way of usurpation (?) good and sufficient discharge and discharges to my said trustees or trustee for the said interest dividends and annual proceeds or for so much thereof as in such receipt or receipts shall be expressed to be received and from and after the decease of my said daughter my said trustees or trustee do and shall stand possessed of the said trsut funds and the interest dividends and annual proceeds thereof Upon trust for all and every the children or child of my said daughter now living or hereafter to be born who being sons shall live to attain the age of twenty-one years or being daughters shall live to attain that age or be married equally to be divided between and amongst them if more than ___ share and share alike as tenants in common and not as joint tenants their respective or his or her executors administrators or assigns and I declare that such shares ot fh children of my said daughter of and in my said trust estate shall become vested as to sons or a son on their or his attaining the said age of twenty one years and as to daughters or a daughter on their or her attaining that age or being married and not earlier provided nevertheless that in case my said daughter should depart this life leaving sons or a son under the age of twenty one years or leaving daughters or a daughter under that age and unmarried then my said trustees or trustee do and shall apply the interest dividends and annual proceeds of the presumptive or expectant shares or share of such children or child for and towards the maintenance education and benefit of such children respectively or child in such manner as my said trustees or trustee shall in their or his discretion think proper And I further declare that the accumulations (if any) arising from the interests dividends or accrual proceeds of any share or shares from or in respect whereof such accumulations shall arise and shall be paid and transferred with the principal of such share or shares respectively and in case it shall happen that any one or more of the children of my said daughter who being sons or a son shall die without having attained their or his age or respective ages of twenty one years and who being a daughter or daughters shall die without having attained that age and without having been married then the part or share or parts or shares as well original as accrues of such child or children so dying of and in my said trust estate shall be equally divided amongst and go and be paid to the survivors or survivor of them in equal shares if more than one at the ages or events aforesaid And in case it should happen that all the children of my said daughter who being sons shall depart this life under the said age of twenty one years or being daughters shall depart this life under that age without having been married then upon trust to pay the interest dividends and annual proceeds of my said trust estate unto the aforesaid Charles Hugh Lyle Tinling , if living, and his assigns for his life and subject to such life estate to transfer and pay the principal or capital of the same trust estate unto my son William ffrederick Tinling a Lieutenant Colonel in her Majesty’s Service his executors administrators and assigns absolutely And as to all the Rest Residue and Remainder of the messuages lands ___ditaments (?) and real and personal property of which I am now seized or possessed or of which I shall be seized or possessed or over which I shall have a disposing power at the time of my decease I give devise and bequeath the same unto my said son William ffrederick Tinling his executors administrators and assigns forever And I ___perer my said trustees or trustee for the time being by and with the consent of my daughter if living under her hand but if dead of their his or her own authority to sell out my said trust funds or any part thereof and invest the proceeds in or upon Government or Real Securities and from time to time to call in sell out and reinvest the proceeds as they he or she may find it expedient but so nevertheless as that during the life of my said daughter ______ raising in or investment shall take place except with her consent in writing Provided always and I further declare my Will to be that as and when any or either of my said trustees shall died or desire to be discharged from or refuse or decline to act or become incapable of acting in the several trusts hereby in them reposed it shall and may be lawful to and for the surviving or remaining trustees or trustee or the executors or administrators of the survivor by and with the consent in writing of my said daughter if living but if dead of their his or her own proper authority by any writing or writings under their his or her hands and seals or hand and seal attested by two or more credible witnesses to nominate and appoint any other fit person or persons to be a trustee or trustees for the several purposes aforesaid in the room place or stead of such of them my said trustees so dying desiring to be discharged refusing or declining to act or becoming incapable of acting as aforesaid and so totics (?) quoties (?) And that when and so often as any now trustee or trustees for the time being or the executors or administrators of the surviving trustee shall convey (?) assign transfer and assure my said trust funds monies and premises which shall be then vested in them him or her so and in such manner that the same may be legally and effectually vested in the then surviving or continuing trustees or trustee and such new trustee or trustees or in such new trustees only as the case may be upon the trusts and to and for the ____ interests and purposes aforesaid and every such new trustee or trustees shall afterwards all (?) in the management and execution of the said trusts in like manner and have and be vested with such and the same po____ and authorities to all interests and purposes what soever as it their he or she has been originally named trustees or a trustee by this my Will for the several purposes aforesaid any thing in this my Will contained to the contrary thereof in any wise notwithstanding And I further declare my Will to be that the trustees hereby appointed any or either of them or the heirs executors or administrators of them any or either of them or any future trustee or trustees to be appointed as aforesaid shall not be charged or chargeable with any more of my said trust funds monies and promises than they respectively shall actually receive and that one of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects (?) or defaults of the other or others of them but such a one of his and her own acts receipts neglects and defaults only nor shall they any or either of them be answerable or accountable for any Bank or Broker or other person with whom any of the said trust monies may be desired (?) for safe custody or otherwise in the execution of the said trusts nor for the insufficiency or deficiency of any stocks funds or securities in or upon which any part of the said trust monies may be invested or for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or otherwise in relation thereto unless the same shall happen by or through their his or her own wilful default respectively And also that my said trustees or trustee for the time being shall and may by and out of the monies which shall come to their his or her hands by virtue of the trusts aforesaid retain (?) to and ______ himself herself and theirselves and allow to his her and their Estrustee (?) and Estrustees (?) all costs charges and expenses which he she or they may sustain expend or be put into in or about the execution of the trusts aforesaid or in any manner existing thereto or occasions therein And I nominate constitute and appoint my said son William ffrederick Tinling to be sole Executor of this my last Will and Testament and revoke all former Wills by me heretofore made In Witness whereof I the said Mary Ann Tinling the testatrix Gave to mark (?) of the four sheets of this my Will set my hand this twenty ninth day of August one thousand eight hundred and thirty nine Mary Anne Tinling Signed and published by the said Mary Ann Tinling the testatrix as and for her last Will and Testament in the presence of us present at the same time who in her pressure and in the presence of each other have hereunto subscribed our names as Witnesses – John Bell (?), ______ Cheltenham; Richd Latchell (?) _____ ______; Isaac (?) Singwood (?)
This is a Codicil to the Will of me the within named Mary Anne Tinling I desire and will that my Executor do stand possessed of five of my shares in the County of Gloucester Bank In trust for my goddaughter Mary Ann Tinling daughter of the within named ffrances Wentworth Tinling to be transferred and paid to her with the interest and accumulation therefrom on her attaining the age of sixteen years should she die under that age though (?) give the same to her said mother And I empower my said Executor to invest the proceeds of the said shares until payable in any manner he may think fit In Witness whereof I have hereunto set my hand the twenty ninth day of August 1839 Mary Anne Tinling Signed and published by the said Mary Ann Tinling as a Codicil to her Will in our presence present at the same time who in her presence have subscribed our names as Witnesses John Bell Richd Latchell
Proved at London with a Codicil 18th April 1848 before the Worshipful Robert Joseph Phillimore Doctor of Laws and Surrogate by the oath of William ffrederick Tinling Esquire the son the sole Executor to whom admon was granted having been first sworn duly to administer.