Will of Henry Foxton of Union Place Lambeth Road in County of Surrey  

This is the last will and testament of me Henry Foxton of Union place Lambeth Road in the County of Surrey, Surgeon.  Whereas I am possessed of or ? unto the sum of one thousand one hundred and ninety-two pounds eighteen shillings and two pence.  Three pounds percent for the bank annuities as is standing in my name in the books of the Governor and company of the Bank of England kept for the transfer of such stock now I do hereby give and bequeath the said sum of one thousand one hundred and ninety-two pounds eighteen shillings and two pence, three pounds per cent reduced bank annuities unto William Foxton Hayley of Castle Street East Oxford Market in the County of Middlesex, Surgeon and James Dougan of Bibbourough Street Burton Cross Town in the same county of Middlesex, Gentleman upon the rents and to and for the interests and purposes herein after the interest that is to say upon rent that they the said William Foxton Hayley and James Dougan or the survivors of them as executors and administrators or assigns do and shall instantly after my decease sell and dispose of the said sum…rent required bank annuities and out of the money to arise from or be procured by  the sale whereof and out of first place pay and satisfy my just debts, funeral expenses and the expense of proving my will and testament in the next place.  I will and direct that my said trustees or the survivors of them so and shall lay out and divest the sum of five hundred and sixty pounds in and for it pays Government or real securities at ? in their joint names or to the heirs or survivors of them and from ? to ? receive the dividends and interest to arise from or be produced thereby and pay and apply the same unto and for the use and benefit of Miss Ann Davis of Union Place Lambeth aforesaid until she shall attain the age of twenty one years and when aforesaid until she shall attain that age I will and direct that they my said trustees or survivors of them his ? Administrators or assigns and shall pay assign and transfer the said sum of 500 and sixty pounds or the stocks funds and securities in or upon ? the same shall be laid out or invested into the said Ann Davis to and for her own use and benefit and which I do hereby give and bequeath to her ? singly and I further will and direct that my said trustees or the survivors of them do and shall out of the profit of the aforesaid sale lay out and invest further sum of one hundred pounds in the purchase of a security  in the name and for the life of my mother Fanny Foxton with or in the Government Life Annuity office or in some other public office for growing annuities for invest rollover said annuity so the rest of her natural life to and for her own use and benefit and which I give and bequeath to Mrs. Ruth Davis the mother of the said Ann Davis the sum of thirty pounds to be paid to her by my said trustees out of the produce of the aforesaid sale and I give and bequeath unto the said William Foxton Hayley the sum of two hundred pounds further part of the produce of the aforesaid sale and as to the residue and remainder of the produce of the said sum of one thousand one hundred and ninety-two pounds eighteen shillings and two pence, three pounds per cent reduced redirected bank annuities after the several investments and payments there with as aforesaid and also to all the rest residue and remainder of my estate & effects of what nature or kind succour and wheresoever save and except such several artistes and things as I have in and by a settle and opted by me to the said William Foxton Hayley directed him otherwise to dispose of I give and bequeath the same and soon part thereof unto the said William Foxton Hayley and James Dougan upon first that they or the survivors of them his exors administrators of assigns so and shall sell and convert into money all part or parts thereof as shall or so shall not consist of money and immediately thereupon lay out and invest the rest of said residue as will convert part thereof as shall consist of ? as the produce of with part thereof as shall be converted into money as aforesaid in or into Governments or real securities at interest from time to time retrieve the dividends or interest to arise therefrom or be provided thereby and pay and apply the same according to the best of their or his judgment and discretion unto or for the use and benefit of my brother William Foxton until he shall attain that age thereupon trust to pay assign and transfer the said residuary trust money or the stock funds and securities in or upon which the same shall be laid out or invested unto him my said brother William Foxton his executors or administrators to and for his or their own use and benefit provided always and I do and declare and direct that if the said William Foxton Hayley and James Dougan or where or how or any future trustee to be appointed under this my will shall die or desire to be discharged from or refuse or become incapable to ??? where the trust or go to reside beyond the seas before the same trust shall have been performed then and in every the case and when and as often as the source shall happen it shall and may be lawful to and for the surviving or continuing trustee or the executors or administrators of the surviving or last acting trustee to appoint a new trustee or trustees respectively so being desiring to be discharged or going to reside beyond the seas or refusing ??????? ????? or becoming incapable to art as aforesaid and immediately thereupon to said trust estate and promises shall be assigned and transferred so and in such manner that the same way trust in with said trustee or trustees jointly with the surviving or remaining trustee or trustees or solely as the case may require and in this and their executor or administrators.  Upon the trust in this my will declared concerning to same or with of the as shall be then subsisting or capable of taking effect and that every ??? trustee shall have and may exercise the same powers and authority as if he had been appointed a trustee by this my will and by his name had been inserted therein instead of the name of the trustee hereby appointed or in or to whose plate with new trustee shall all come on succeed I ??? reinstitute and appoint the said William Foxton Hayley & James Dougan joint Executors of this my will and hereby revoking all former wills by me made I publish and declare this to be my last will and testament.  In writing whereof I the said Testator Henry Foxton hereunto set my hand and seal the fourteenth day of June one thousand eight hundred thirty five—Henry Foxton Signed Sealed Published and do ? by the Estator Henry Foxton for his last will and testament in the presence of us, who in his presence at his request and in the presence of each other gave subscribed our names as witnesses—Eliza Hayley, Carshalton; Chas Pain, Surrey St. Strand

This document bearing date the twenty sixth day of May last remaining various promissory and specific and this document further stated that the said deceased departed this life on or about the fourteenth day of September last and that on the following day, namely the fifteenth day of that month this document found in a small box in the deceased bed room in which he kept his papers of importance and which was locked with a puzzle lock, which the estator left this document, a directive how to open the said, two paper writings marked A & B, both which were enclosed and sealed up in envelopes or covers that the paper writing or letter marked B was subscribed to W. F. Hayley Esq. Surgeon not to be opened before the decease of H. Foxton his cousin and the said cover enclosing the same was subscribed to W.F. Hayley Esq. And the paper writing or letter so enclosed was lying upon the paper writing or will marked A.  That this document immediately broke open inspected the said paper writing as letter marked B and in so doing observed that two lines towards the bottom of the first side of the said letter were obliterated or struck through with a pen and having now carefully received and inspected said writing or letter hereunto annexed marked with the letter B and also the envelope or cover which enclosed the same and the subscriptions on the said letter and cover respectively hereinto fore re ? said partial duly observed that the fourth fifth sixth and seventh lines from the bottom of the first side of the said paper writing or letter are obliterated and struck through with a pen this ? saith that the said letter marked B is the paper, writings or letter which he so found in the said box in deceased room sealed up in the said envelope or cover as sworn before described and that the said paper, writing or letter is now in all respects in the same state plight and condition as when so found by him together with said paper writing marked A as also herein before described save and except the marking thereof with the letter B and deposed further saith that he hath carefully and diligently ? not only the said box in which he so found the said paper writings now in marked ‘A’ and ‘B’as aforesaid but also all other places which the said deceased was in the habit of depositing papers of any consequences but hath not been able to find any other papers of a testamentary nature nor any other letter addressed to this despondent other than the said paper writing or will and letter hereunto annexed marked A & B and he really believes that the said paper writing or letter annexed marked B is the identical letter mentioned and referred to in the said paper writing or will also annexed marked A – W.F. Hayley- On the twelth day of  October 1835 the said William Foxton Hayley was duly sworn to the trustee of this affidavit Before me C. Pool.

Appeared personally William Foxton the younger of Cliffords Inn in the City of London Gentleman and Thomas ST>>>> of Cambridge place Westminster Road in the County of Surrey, Artist in and made oath that they knew and were acquainted with Henry Foxton late of Union Place Lambeth Road in the county of Surrey but at Carshalton in the same County Surgeon deceased and also with his manner and character of handwriting and subscription having frequently seen him write and also write and subscribe his name and having now carefully viewed and inspected a certain paper writing hereunto annexed purporting to be a letter written and addressed by the said deceased to W.F. Hayley Esq. One of the Executors of the said deceased containing various promissory as paid

‘B’

My Dear William                                                                                  15 Union Place      

                                                                                                                                Lambeth Road

I request that you shall dispose of the residuary property mentioned in my will made in 2 May 1835 and amounting to two hundred pounds in the following manner ? –six pounds ten shillings to pay the rest due to Dr. Barr to expect forty pounds as my Funeral expenses to give Dr. Ryan and Mr. Dougan each a ring ? about five pounds to pay Doctors (?) Foss about six pounds for proving the will about thirty pounds if or ??, seventy pounds to be distributed in this manner ? to ? Travors Hayley George Dower six pounds and to my brother William three pounds all of whom I wish to attend my funeral to Mrs. And Ms. Davis my mother and sister and the 2 ? Taylors each five pounds to Mrs. Davis servant Susan three pounds to Elizabeth and Louisa ?? two pounds.  Please to expound the residuary thirty seven pounds ten shilling or whatever my residue on my brother William his ?? or the clothes or what manner seems fitting to yourself.  There are some little tokens I wish you to distribute to my friends ? my fishing rods and tackle to my brother William with drawing box writing desk water stain seals and key pocket knife and purse to my Mother, my silver ?? to Mr. Ewers (?) my perfect case of instruments ? case Mr. Taylor my ? instruments Willitius? Syringe medical books post mortem cases to George Davis, my Flute & music ? ???? I ? my ?? and chair ?? pistols to Mr. Davis.  My music books, plaster figures and house furniture to Anne Davis, my umbrella and inkstand to Mr. Davis my thermometer and to ?? my sister, my folio of prints.  To ?? your trusts faithfully with the aid of God is the sincere wish of your cousin and long established friend-H. Foxton May 26, 1835

P.S. please do make as good an annuity of the hundred pounds purchase mentioned in the will for the use of my mother as you can-H. Foxton endorsed ? to be approved before the bequest of H. Foxton his cousin to W.F. Hayley Esq. Surgeon on the envelope written for W.F. Hayley Esq.

In the Perogative Court of Canterbury, In the Goods of Henry Foxton, Surgeon, deceased.  Appeared personally William Foxton Hayley formerly of Castle Street East Oxford Market in the County of Middlesex but now of Charles Street???? Town in the same county, Surgeon, and made oath that he is one of the Executors named in last will and testament of Henry Foxton late of Union Place Lambeth Road in the County of Surrey but at Carshalton in the same County, Surgeon, deceased contained in two papers writings hereunto annexed now marked with the letters A and B that marked with the letter A purporting to be the will of the said deceased bearing date the fourth day of June last and that marked with the letter B purporting to be a letter written and subscribed by the said deceased and addressed