Edward Bretts Will

Edward Brett Will

Edward Bret and his wife were friends of Sarah Moore nee Hornblow in Colchester. They evidently formed a close friendship because 30 years after she left England Edward remembered her daughter Sarah Georgiana Pomeroy nee Moore in his Will.

This is the Last Will and Testament of me, Edward Brett, of Colchester, Essex, gardener, made 9 November 1854. First I nominate my dear wife, Mary Brett, and my friend, John Siggers, of Colchester aforesaid, grocer, and Samuel Pidgeon Wire of the said town, baker, Executors of this my Will. And I direct that all my just debts and funeral and testamentary expenses shall be paid and satisfied as soon as conveniently can be after my decease. And I give and bequeath to my said wife all my household goods and furniture, plate, linen, books, china and other household effects and also my ready money and money in the hands of my Bankers at the time of my decease, for her own use and benefit absolutely. And I bequeath to the said John Siggers the legacy or sum of £5, to be paid as soon as conveniently can be after my decease, provided he shall take upon himself the execution of this my Will. And as to the rest, residue and remainder of my personal estate and effects, and also as to all my real estate, whatsoever and wheresoever, except such real estate as may be vested in me upon any trusts or by way of mortgage. I devise and bequeath the same unto my said dear wife for and during the term of her natural life, subject to the expense of her keeping my said real estate in good and warrantable repair and condition. And from and immediately after the death of my said wife, I give, devise and bequeath all and singular my said real and residuary personal estate and effects (except the aforesaid). I will the said John Siggers and Samuel Pigeon Wire, their heirs, executors, administrators and assigns, according to the nature and quality thereof respectively upon trust, that they, my said trustees and survivors of them, or their heirs, executors, administrators and assigns of such survivors, or other the trustees of trustee for the time being of this my Will, do and shall as soon as conveniently can be after my said wife's decease, call, collect and convert into money the said residuary personal estate, and also do and shall sell and dispose of the said real estate, either by public auction or private contract and either together, or in lots, and subject, or not subject, to any special or other conditions of sale, and generally in such manner, in all respects as the said trustees or trustee for the time being shall think proper, for the best price that can be reasonably obtained for the same, and do and shall execute all such conveyances and assurances as shall be necessary for vesting the said real estate where sold in the purchaser or purchasers thereof. And I declare and direct that the said trustees or trustee for the time being shall stand possessed of the monies to arise and be produced from such sale and conversion of my said real and residuary personal estate as aforesaid upon trust thereof to pay to each of the following persons, namely my brothers, Isaac Brett, John Blatch Brett and Thomas Henry Brett, my sisters, Sarah, the wife of Samuel Bennell of Colchester aforesaid, and Mary Bidwell, widow of Simon Bidwell, formerly of Colchester, deceased, and my wife's sisters Susan Wier, wife of Chignell Wire, Sarah the wife of the said Thomas Henry Brett, and Elizabeth, the wife of Henry Boggis the legacy or sum of £10, to whom I give and bequeath the same accordingly.

And I declare that the said several legacies shall vest in the said legatees immediately upon my decease, although the same will not be payable till after the decease of my said wife.

And as to all the rest, residue and remainder of the said trust moneys to arise and be produced from the sale and conversion of my said real and personal estate, I give and bequeath the same unto and to be equally divided between Sarah Georgiana, the wife of Augustus Jeffery Webber Pomeroy, clerk in the Liverpool Docks, Augustus Frederick Brett Pomeroy,(son of) the said Sarah Georgiana Pomeroy, and the said Samuel Pigeon Wire. Provided, and I hereby declare that if the said Sarah Georgiana Pomeroy shall depart this life in my lifetime, or in the lifetime of my said wife, the share of the said residuary trust moneys to which she would have been entitled, if living at my said wife's decease, shall be paid to her husband, the said Augustus Jeffery Webber Pomeroy, for his own absolute benefit. Provided also that if the said Augustus Frederick Brett Pomeroy and Samuel Pigeon Wire, or either of them, shall die in my lifetime, or in the lifetime of my said wife, the share or shares of and in the said residuary trust moneys, to which they or he would have been entitled if living at my said wife's decease, shall be paid to and equally divided between and amongst my three brothers and two sisters hereinbefore mentioned, or such of them as shall be living at the death of my said wife. And I hereby declare that every receipt in writing of the trustees or trustee for the time being of this my Will, for any money payable to them or him by virtue of this my Will, shall be a good and sufficient discharge for the same, and that the person or persons to whom any such receipt shall be given, shall not be answerable or accountable for the loss, misapplication or non-application, nor be in any way bound to see to the application of the money such receipt acknowledged to be received. And further that if the said trustees, or either of them, or any future trustee or trustees to be appointed under this provision, shall die or desire to be discharged from, or refuse, or become incapable to all in the trusts of this my Will before the same shall be fully performed, it shall be lawful for the surviving or continuing trustee or trustees, or the executors or administrators of the last surviving trustee, or if there shall be no such surviving or continuing trustee, then for the trustees or trustee so desiring to be discharged, refusing as aforesaid by any Deed or Deeds, to append any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying, or desiring to be discharged, or refusing, or becoming incapable to act as aforesaid. And upon the appointment of every such new trustee as aforesaid, all the trust estate moneys and premises then subject to any of the trusts aforesaid, shall be with all convenient speed vested by such assurances or other acts as the circumstances may require, in such new trustee or trustees, either solely or jointly with the surviving or continuing trustee or trustees, as occasion shall require, upon the trusts hereinbefore declared concerning the same, or such of them as shall be then outstanding and capable of taking effect. And I further declare that none of the trustees acting under this my Will shall be chargeable with any money, other than what they respectively actually receive by virtue of this my Will, notwithstanding they or any of them shall join in any receipt for the sake of conformity, and that neither of them shall be accountable for the acts, receipts, neglects or defaults of the other or others of them. And each only for his, her or their acts, receipts, neglects and defaults. And also that it shall be lawful for them, out of the moneys which shall come to their respective hands under the trusts aforesaid, to reimburse themselves respectively, and to declare to their co-trustee or co-trustees such costs and expenses as they, or any of them may respectively sustain or be put to in the execution of the aforesaid trusts, or in relation thereof. And I desire and bequeath all estates vested in me upon any trusts or by way of mortgage unto the said John Siggers and Samuel Pigeon Wire, their heirs, executors, administrators and assigns, upon the trusts, and subject to the equities affecting the same respectively. And lastly I hereby revoke all former Wills by me at any time made, and declare this only to be my Last Will and Testament. In witness whereof, I, the said Edward Brett, have at the foot or end of this my Will, contained in three sheets of paper, set my hand the day and year first before written.

(Signed) Edward Brett. 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, at his request, and in the presence of each other, have hereunto subscribed our names as witnesses. Alexander M White, solicitor, Colchester, George Saruscon?, Colchester.

Proved on 30 April 1856 before the reverend Mossbach Norman DD Surrogate by the oaths of Mary Brett, the widow, John Siggers and Samuel Pigeon Wire, the Executors, to whom admon was granted, they having been first sworn duly to administer. Under £100.