I devise all that my messuage or mansion house at Windlesham in the County of Surrey with all the offices gardens pleasure grounds rose lands and hereditaments thereunto belonging and all other the hereditaments at Windlesham aforesaid to which I may be entitled at my decease with their appurtenances unto and to the use of my brother William Fitzwilliam Owen a Captain in the Royal Navy, Robert Owen Jones of Southampton Buildings Chancery Lane in the City of London, Esquire his Nephew Arthur James Johnes of Lincolns Inn in the County of Middlesex Esquire, Barrister at Law, James Beckford Lewis Hay a Commander in the Royal Navy and Clement Henery the Younger of the Island of Jersey, Merchant and their heirs
Upon Trust to pay the rents issues and profits thereof unto my Wife Dame Sarah otherwise Selina Elizabeth Owen and her assigns for the term of her natural life if she shall so long continue my Widow and unto her or her executors and administrators for the period of six calendar months next after her decease or marriage whichever shall first happen she my said Wife or her executors or administrators keeping the buildings in good repair and the land in tenantable order and not committing any waste spoil or destruction in or upon the said premises or any part thereof (otherwise than be felling trees with the previous consent in writing of the trustees or trustee for the time being of my Will for the necessary repairs or uses of the grounds and buildings)
And moreover causing a portion not less than one acre of the Heath land which now belongs to me
and may then be lying waste to be broken up annually trenched? and brought into cultivation
and from and after the determination of the trust hereinbefore contained in favor of my said Wife Upon
trust to pay the rents issues and profits of my said hereditaments and premises hereinbefore devised
as and when the same shall become one, and not be way of anticipation, unto and between my two
Nieces Portia, the Wife of the said Clement Henery and Cornelia the acknowledged daughters of
my said Brother William Fitwilliam Owen in equal moieties during the term of their joint natural lives
and from and after the decease of either of them to the survivor of them wholly during her natural life to be enjoyed by them or the survivor of them as an unalienable personal provision and while covert free from marital control and engagements and for which rents and profits their or her receipts shall alone be sufficient discharges to the trustees or trustee for the time being of my Will and from and after the decease of the survivor of them my said Nieces
In Trust for the first and every other Son successively of my said Nieces Portia and Cornelia
respectively according to the seniority of Birth of such Sons but otherwise without preference or
priority as between the Sons of my said Niece Portia and the Sons of my said Niece Cornelia and the
heirs of the body of each such Son
and on failure of such issue In Trust for the first and every other
daughter successively of my said Nieces Portia and Cornelia respectively according to the seniority
of birth of such daughters but otherwise without preference or priority as between the daughters of
my said niece Portia and the daughters of my said Niece Cornelia and the heirs of the body of each such daughter
And on failure of such Issue In Trust for the said Arthur James Johnes and the heirs of his body
and on failure of such Issue In Trust for the said Arthur James Johnes and his heirs
Provided always and in grateful acknowledgement of the firm friendship and protection my brother
and myself experienced from our father’s friend the late Admiral Sir Thomas Rich and as distinctive of this branch of the family
I do hereby declare my wish to be but without intending to create or impose any condition or
obligation that every person who by virtue of any of the trusts hereinbefore contained in favor of my
said Nieces and the said Arthur James Johnes and their respective issue shall become entitled to the
possession or the receipt of the rents of my said hereditaments and premises hereinbefore devised
and not be a married woman or who shall marry any female becoming so entitled shall as to every
such person becoming so entitled within eighteen Calendar months after he or she shall become
entitled in possession and as to every such husband within eighteen calendar months after his Wife
shall be come entitled in possession or be married to him whichever shall last happen
endeavour to obtain the usual License or permission from the crown authorizing such person to
assume and use the surname of “Rich Owen” either alone or in addition to his or her usual surname
(but so that the name of “Rich Owen” shall be the last and principal name) and my arms quartered
with his or her family arms and shall on obtaining such Licence or Permission assume and
thenceforth use the same Surname and arms accordingly
Provided also And I do further declare that it shall be lawful for the trustees or trustee for the time
being of this my Will at any time or times hereafter with the consent in writing of my said Wife
during her life if she shall so long continue my Widow and afterwards with the consent in writing of
the person or persons for the time being beneficially entitled in possession under or by virtue of the
trusts hereinbefore contained if of the age of twenty one years and for the said trustees or trustee
during the minority or minorities of the person or persons so entitled if under that age to Lease my
said hereditaments and premises hereinbefore devised or any part or parts thereof for any term of
years not exceeding three years from the making thereof in possession and not in reversion so as in
every such Lease there be reserved the most improved yearly rent that can be reasonably gotten for the same
And so also as that the respective Lessees be made not dispunishable for waste and that in every such
Lease there be contained a proviso for re-entry on nonpayment of the rent for a period not exceeding
forty days after the same shall become due or on breach of any of the covenants and that the Lessee execute a Counterpart
I devise all these two farms which I inherited from my father in the County of Montgomery namely that called the Craig in the Parish of Llandinan and that called Refon-y-Coed otherwise Rencoed in the parish of Llangeing unto and to the use of my said trustees and their heirs Upon the same or the like trusts and for the same or the like intents and purposes and subject to the same or the like provisions and declarations as are hereinbefore declared concerning my said hereditaments and premises at Windlesham aforesaid hereinbefore devised subsequently to the trust in favor of my said Wife
I devise all that messuage or tenement with the garden ground and appurtenances thereto belonging situate in “Gravel Walk” at Deal in the County of Kent which premises were purchased from my brother the said Captain William Fitzwilliam Owen and are now let to John Bedwell unto and to the use of my former Servant Mary Rigden of Hampton Wick in the County of Middlesex Spinster her heirs and assigns for ever
I devise unto my said trustees and their heirs (subject to a certain mortgage made by me of the same
for securing Seven hundred pounds with interest) All that piece of land at Middle
Deal in Deal aforesaid being my first purchase of Mr. Richard Chitty
Also all that triangular piece of garden ground in front of a certain messuage tenement or dwelling house and premises in Deal
aforesaid now occupied by Mrs. Catharine Cannon
And all those three pieces of land in Deal aforesaid formerly belonging to Mr. Edward Chambers of Deal aforesaid Surgeon
adjoining to the grounds of the said messuage tenement or dwellinghouse with their appurtenances
Upon the Trusts and with and under and subject to the powers provisoes and declarations expressed
and declared concerning the said messuage tenement or dwellinghouse and premises in the
occupation of the said Catharine Cannon as aforesaid by the Will of John Cannon late of Deal
Esquire deceased bearing date on or about the twenty third day of November one thousand eight
hundred and thirteen or upon such of the same trusts and with and under and subject to such of the
same powers provisoes and declarations as shall be subsisting and capable of taking effect at the time of my decease
And I declare that the said mortgage debt of Seven hundred pounds and the interest
thereof shall be deemed to be charged upon and payable out of the hereditaments and premises lastly
hereinbefore devised solely and exclusively in exoneration of my other real estate
And of my personal estate and effects I give and bequeath to the Mayor and Corporation of the Town of Shrewsbury the piece of Plate presented to me in the name of the Merchants and others resident in the Island of Jamaica in acknowledgement of the efficient measures which I adopted for the protection of their trade and for the suppression of the Piracy which has existed when I succeeded to the command of the Naval Forces on that station And I offer this in testimony of the sense I entertain of the distinguished honor which they conferred upon me in giving to my portrait a place amongst the Illustrious of their Town
I give and bequeath unto the said Clement Henery the husband of my said Niece Portia a pair of
pistols presented to me by my brave brother in arms the Landsturm of Tergoes in the
Island of South Beveland [Dutch] Together with an address from the Inhabitants on my re-embarking from that Island
I also give and bequeath unto the said Clement Henery Two manuscript volumes of My Father’s services and adventures of which the
second volume is now in the possession of my Brother and the first volume in my own
I leave the rest of my arms and all my nautical instruments to be disposed of by my said Wife as tokens of remembrance to or among her two Brothers such husband and my said Niece Cornelia shall marry and my late Wards the Cannons or any of them at the discretion of my said Wife
I desire that a mourning ring of the value of five pounds may be presented to Mrs. Catharine Cannon now residing at Deal aforesaid and the same to her daughter and to each of her Sons formerly my Wards in token of my affectionate regard and as they will be benefitted otherwise by my death more is not necessary than the expression of my sincere good will and warmest wishes for their future happiness and welfare
I direct that the household furniture in or about my said mansion house at Windlesham aforesaid with the exception of such articles as my said Wife may claim as personally belonging to her or as she shall select for her own use within two Calendar months after my decease shall be annexed to the same mansion house as heir looms to be enjoyed by the person or persons for the time being beneficially entitled to the same mansion house under the trusts hereinbefore contained but so that such heir looms shall be subject to an executory limitation over on the death of any or every such person being equitable tenant in tail under the said trusts under the age of twenty one years without leaving issue in tail living at his death to or in favor of the person or persons beneficially entitled under the subsequent trusts aforesaid
And I direct that my executors shall within three calendar months after my decease cause an Inventory to be made of such heir looms and place a copy of such Inventory signed by them and by the person or persons then entitled to the enjoyment thereof among the muniments of title to my said mansion house to be kept therein and deliver another copy so signed to the then trustees or trustee of this my Will to be kept by the said trustees or trustee
I give and bequeath all my plate except the piece of plate hereinbefore bequeathed and all my jewels and trinkets of personal use or ornaments together with all wearing apparel, china, glass (except the large looking glasses in the dining and drawing rooms), books, wines, linen, horses, carriages, cattle and farming stock of all kinds which may belong to me at the time of my decease unto my said Wife absolutely
I also give and bequeath unto my said Wife all sum and sums of money which shall be in her Bankers hands upon her separate account or vested in the public funds on her behalf at the time of my decease such being absolutely the separate property of my said Wife and invested as for her separate use
I give and devise all the residue of all my real and personal estate not hereinbefore specifically disposed of unto my said Trustees Upon trust as and when my said trustees shall think expedient to sell my said real estate either by public or private sale and either together or in lots and to convert my said personal estate into money and with and out of the proceeds of such sale and conversion in the first place to pay all my just debts and funeral and testamentary expences and in the next place to pay or retain to or for such of them my said trustees as shall undertake the trusts of this my Will the sum of fifty pounds each and subject thereto Upon trust to pay one moiety of such proceeds unto my said Wife for her absolute use and the other moiety thereof unto and between my said Nieces Portia and Cornelia in equal shares for their respective absolute use
I devise all real estates vested in me as trustee or mortgagee to my said trustees subject to the equities
affecting the same respectively
I empower the trustees or trustee for the time being of this my Will to give receipts for all monies and
effects to be paid or delivered to such trustees or trustee by virtue of this my Will and declare that
such receipts shall exonerate the persons taking the same from all liability to see to the application or
disposition of the money or effects therein mentioned
I empower the trustees or trustee for the time being of this my Will to compound or allow time for the
payment of any debt or debts due to my estate and to settle all accounts between me and any person
or persons on such terms as my said trustees or trustee shall in their or his discretion think expedient
and to refer any matter in difference relating to my affairs to arbitration
I declare that if my said trustees or any of them or any trustees or trustee to be appointed under this
clause shall die or be unwilling or incompetent to accept or execute the trusts of my Will so that the
number of my said trustees be reduced below the number of three acting trustees it shall be lawful for
my said Wife during her Widowhood and after the decease or marriage for my said Nieces Portia
and Cornelia or the survivor of them whether covert or sole and after the decease of the survivor of
them for the competent accepting trustees or trustee for the time being if any whether retiring from
the office of trustee or nor or if none for the executors or administrators of the last deceased trustee by
any writing under her his or their hand or hands respectively to substitute any person or persons to
be trustees or trustee of my Will so that the number of three acting trustees shall as far as possible be
from time to time kept up and on every such appointment my trust estate shall be vested in the new
trustees or trustee either alone or as the case may require jointly with any surviving or continuing trustees or trustee
And I exempt every trustee of this my Will from liability for losses occurring without his own wilful
default and authorize him to claim and allow to his Cotrustee all expences incidental to the trusteeship
I appoint the said William Fitzwilliam Owen, Robert Owen, James Arthur Johnes, James Beckford, Lewis May and Clement Henery to be Executors of this my Will And I revoke all other Wills
In Witness whereof I the said Sir Edward William Campbell Rich Owen the Testator have to this my
last Will and Testament contained in seven sheets of paper annexed together set my hand the twenty
fourth day of May in the year of our Lord one thousand eight hundred and thirty nine
E. W. C. R. Owen
Signed by the said Testator as and for his last Will and Testament in the presence of us present at the
same time who in his presence and in the presence of each other have hereunto subscribed our names as attesting Witnesses
Jno. Mears Solicitor, Bagshot, Surrey - St. John John Mears – his Clerk
This is a Codicil to the last Will and Testament of me Sir Edward William Campbell Rich Owen, Knight Grand Cross of the Most Honorable Military Order of the Bath, a Knight Grand Cross of the Royal Guelphic Order of Hanover and a Vice Admiral of Her Majesty’s Fleet which Will bears date the twenty fourth day of May one thousand eight hundred and thirty nine
Whereas by my said Will I have devised All that messuage or tenement with the garden ground and
appurtenances thereunto belonging situate in Gravel Walk at Deal in the County of Kent which
premises were purchased from my Brother Captain William Fitzwilliam Owen and were then let to
John Bedwell unto and to the use of my former Servant Mary Rigden of Hampton Wick in the
County of Middlesex Spinster her heirs and assigns for ever
And Whereas I have since the date of my said Will sold the messuage or tenement with part of the said garden ground to the South Eastern
Railway Company
Now I do hereby confirm the devise of the remainder of the said garden ground and which is still in
the occupation of the said John Bedwell unto and to the use of the said Mary Rigden her heirs and assigns for ever
And Whereas I have by my said Will devised unto the trustees of my said Will and their heirs, subject to
a certain mortgage made by me of the same for securing seven hundred pounds with interest All that piece of land at Middle Deal in
Deal aforesaid being my first purchase of Mr. Richard Chitty Also all that triangular piece of garden ground in front of a certain
messuage tenement or dwellinghouse and premises in Deal aforesaid then and now occupied by Mrs.
Catherine Cannon And all those three pieces of land in Deal aforesaid formerly belonging to Mr.
Edward Chambers of Deal aforesaid Surgeon adjoining to the grounds of the said messuage tenement or dwellinghouse with the appurtenances
Upon the trusts and with under and subject to the powers provisoes and declarations expressed and
declared concerning the said messuage tenement or dwellinghouse and premises in the occupation of
the said Catherine Cannon as aforesaid by the Will of John Cannon late of Deal aforesaid Esquire
deceased bearing date on or about the twenty third day of November one thousand eight hundred
and thirteen or upon such of the same trusts and with and under and subject to such and the same
powers provisoes and declarations as shall be subsisting and taking effect at the time of my decease
And Whereas I have also since the date of my said Will sold to the said South Eastern Railway Company part of the land and hereditaments comprised in the said last recited devise contained in my said Will And the remainder of the land and hereditaments is exonerated from the said mortgage
Now I do hereby confirm the devise of the remainder of the said last mentioned land and hereditaments unto my said trustees and their heirs Upon trust and with under and subject to the powers provisoes and declarations expressed and declared concerning the said messuage tenement or dwellinghouse and premises in the occupation of the said Catherine Cannon as aforesaid by the said Will of the said John Cannon deceased or upon such of the same trusts and with and under and subject to such of the same powers provisoes and declarations as shall be subsisting and capable of taking effect at the time of my decease
And Whereas since the date of my said Will I have purchased of Elizabeth Stoddart and others a
piece of freehold land containing by admeasurement one acre three roods and thirty two perches little
more or less in the Parish of Ringwould in the said County of Kent
Now I do hereby devise unto the trustees of my said Will and their heirs the same piece of land with the appurtenances Upon the trusts
and with under and subject to the powers provisoes and declarations to which the land and
hereditaments at Ringwould aforesaid purchased by and out of the monies settled or covenanted to
be settled by the articles of Settlement executed previous to an in contemplation of my marriage with
my first Wife which articles bear date the eighteenth day of December one thousand eight hundred
and two are subject or liable by virtue of the same Articles or otherwise or upon such of the same
trusts and with under and subject to such of the same powers provisoes and declarations as shall be
subsisting and capable of taking effect at the time of my decease
In Witness whereof I the said Sir Edward William Campbell Rich Owen the Testator have to each
sheet of this Codicil to my last Will and Testament contained in this and the preceding sheet of paper
subscribed my name this twenty fourth day of June in the year of our Lord one thousand eight hundred and forty seven
E. W. C. R. Owen
Signed declared and acknowledged by the said Sir Edward William Campbell Rich Owen the
Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same
time who in his presence at his request and in the presence of each other have hereunto subscribed
our names as Witnesses attesting the same
Jno. Mears Solicitor, Bagshot, Surrey Swan Downer Dean – his Clerk
This is a further Codicil to the last Will and Testament of me Sir Edward William Campbell Rich Owen, Knight Grand Cross of the Most Honorable Military Order of the Bath, a Knight Grand Cross of the Royal Guelphic Order of Hanover and a Vice Admiral of Her Majesty’s Fleet which Will bears date the twenty fourth day of May one thousand eight hundred and thirty nine
Whereas John Cannon of Deal in the County of Kent Gentleman did by his Will made after the death
of his Son John Cannon the Younger direct that the house and premises he the said John Cannon did
then occupy at Middle Deal in Deal aforesaid should be inherited by the Widow of his said Son Mrs.
Catharine Cannon by his daughter my first Wife and by myself jointly for our several lives and to sell
the same if we in our discretion should think fit subject to the directions therein contained
And Whereas it became expedient for certain purposes that the right of the said Catherine Cannon
should be released in my favor and the said Catherine Cannon did sign a Release to that effect which
bore date the thirty first day of May one thousand eight hundred and thirty six
And Whereas the purpose for which the said Release was given and executed has been long since fulfilled and by a certain Instrument in Writing under my hand and seal bearing date the sixth day of December one thousand eight hundred and forty eight I did relinquish any and every claim which was yielded to me by the said Release it being then and now my wish and my intention to restore to the said Catherine Cannon every right and privilege respecting the said house and premises which she inherited under the Will of the said John Cannon deceased Now I do hereby confirm the said Instrument in writing bearing date the sixth day of December one thousand eight hundred and forty eight in all respects whatsoever
And I do hereby give and devise al my estate and interest whatsoever (if any) of in and to out of the said house and premises n Middle Deal aforesaid so devised by the said Will of the said John Cannon as aforesaid unto and to the use of the said Catherine Cannon for her absolute use and benefit
In Witness whereof I the said Sir Edward William Campbell Rich Owen the Testator have to this
Codicil to my last Will and Testament subscribed my name this eleventh day of August in the year of
our Lord one thousand eight hundred and forty nine
E. W. C. R. Owen
Signed declared and acknowledged by the said Sir Edward William Campbell Rich Owen the
Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same
time and who in his presence at his request and in the presence of each other have hereunto
subscribed our names as Witnesses attesting the same
Tho. Mears Solicitor, Bagshot, Surrey Swan Downer Dean – his Clerk
In the Prerogative Court of Canterbury
In the Goods of Sir Edward William Campbell Rich Owen Knight, deceased
Appeared Personally Robert Own Jones of Black fen Eltham in the County of Kent Esquire one of the Executors named in the last Will and Testament with two Codicils thereto of Sir Edward William Campbell Rich Owen late of Windlesham in the County of Surrey a Knight Grand Cross of the Royal Guelphic Order of Hanover and a Vice Admiral of Her Majesty’s Fleet deceased and referring to the following clause now appearing in the fourth sheet of the said Will, viz.
“I devise unto my said trustees and their heirs (subject to a certain mortgage made by me of the same for
securing Seven hundred pounds with interest All that piece of land at Middle Deal in Deal aforesaid being my
first purchase of Mr. Richard Chitty Also all that triangular piece of garden ground in front of a certain
messuage tenement or dwelling house and premises in Deal aforesaid now occupied by Mrs. Catharine
Cannon And all those three pieces of land in Deal aforesaid formerly belonging to Mr. Edward Chambers of
Deal aforesaid Surgeon adjoining to the grounds of the said messuage tenement or dwellinghouse with their appurtenances
Upon the Trusts and with and under and subject to the powers provisoes and declarations expressed and
declared concerning the said messuage tenement or dwellinghouse and premises in the occupation of the said
Catharine Cannon as aforesaid by the Will of John Cannon late of Deal Esquire deceased bearing date on or
about the twenty third day of November one thousand eight hundred and thirteen or upon such of the same
trusts and with and under and subject to such of the same powers provisoes and declarations as shall be
subsisting and capable of taking effect at the time of my decease”
He deposes and says that the whole of the said several pieces of land and ground so devised by the said Testator is freehold and that he the deponent is now one of the trustees of the Will of the said John Cannon Esquire
On the first day of February 1850 the said Robert Owen Jones was duly sworn to the truth of this affidavit before F. T. Pratt, Surr. [Surrogate] Edward W. Crosse, Notary Public.
Proved at London with two Codicils 6th Feby 1850 before the Worshipful Frederic Thomas
Pratt Doctor of Laws and Surrogate by the Oaths of Robert Owen Jones Esquire and Clement
Henery Esquire the Younger, two of the executors to whom admon. was granted
having been first sworn duly to admnister.
Power reserved of making the like Grant to William Fitzwilliam Owen Esquire the Brother one other
of the executors when he shall apply for the same.
Arthur James Johnes Esquire and James Beckford Lewis May Esquire the other executors and two of the residuary legatees in trust named
in the said Will having renounced the probation and execution of the said Will and Codicils and also the Letters
of admon. (with the said Will and Codicils annexed) of the goods of the said deceased (as by acts of Court appears).
Notes:
Edward William Campbell Rich Owen married his first Wife, Elizabeth Cannon, on 19th December 1802 at Deal, Kent.
He married his second Wife, Sarah Selina Elizabeth Hay, on 28th February 1829 at St. Martin-in-the-Fields, Westminster.
Sir Edward Owen was born at Campobello Island, New Brunswick, on February 19, 1771.
He died on 8th October 1849, aged 78, and was buried on 16th October 1849 at St. John the
Baptist, Windlesham, Surrey, being then a resident of Windlesham House (near Bagshot).
Owen was Member of Parliament for Sandwich [Kent] from 1826 to 1829.
See also: https://en.wikipedia.org/wiki/Edward_Owen_(Royal_Navy_officer)
and: https://www.cnrs-scrn.org/northern_mariner/vol29/tnm_29_1-24.pdf
Transcribed by Shelagh Mason 17th-18th August 2020
Return to Kent GenealogyWill of Sir Edward W C Rich Owen