1830 - John Clerke DOCWRA of Sydenham, Kent, Gentleman

Will was written on 26 June 1826
Will was proved on 12 March 1830

This is the last Will and Testament of me John Clerke Docwra of Sydenham in the County of Kent Gentleman I give devise and bequeath unto Bartholomew Broughton of North Brixton in the County of Surry Gentleman and William Sutton of artillery place ffinsbury Square in the County of Middlesex Gentleman their Heirs and assigns all those two Tenements or Cottages with the Gardens and appurtenance belonging thereto situate in New Chipping in the parish of Buckland in the County of Hertford and also all that piece or parcel of pasture Land adjoining to the said Tenements or Cottages called or known by the name of ffosters Close and containing by estimation one acre more or less situate in New Chipping aforesaid with the appurtenances and which said premises are devised to me in and by the will of the late Mary Avarne of Buntingford in the County of Hertford Widow

and also all the residue and remainder of my real Estates whatsoever and wheresoever being with the appurtenances thereunto belonging and also all my personal Estate of what nature or kind soever or wheresover being in trust that the said Bartholomew Broughton and William Sutton their Executors or Administrators do and shall as soon after my decease as conveniently may be make sale and dispose of the said Tenements or Cottages at New Chipping aforesaid and all other my real Estate either by public or private sale unto such person or persons as my be willing or deserved[?] to become the purchaser thereof for the most money that can be got for the same and in the meantime to receive the rents and profits thereof and to convey the said hereditaments and premises to the purchaser accordingly

and I do hereby declare that the receipt of the said Bartholomew Broughton and William Sutton their heirs Executors administrators or assigns for the purchase money and rents of the said premises respectively shall be a good and effectual discharge or good and effectual discharges to the purchaser or purchasers Tenant or Tenants thereof and such person or persons shall not be accountable or answerable for the application misapplication or nonapplication of such purchase money so to be received as aforesaid or any part thereof

and as to my personal Estate I give and bequeath the same unto the said Bartholomew Broughton and William Sutton their Executors or administrators in trust that they do and shall as soon after my decease as conveniently may be make sale and dispose of to the best advantage and convert into money so much of my said personal Estate as shall not consist of money and the monies arising from the sale of my said real and personal Estate and the money I may die possessed of after payment of my just debts my funeral and testamentary expences I dispose of in such manner as hereinafter mentioned

that is to say I give and bequeath the sum of two hundred pounds sterling part of my said trust monies unto my nephew John Docwra Parry of Aspley in the County of Bedford his Executors and administrators absolutely to be paid to him within twelve months after the death of my present Wife

I also give and bequeath unto my Cousin Eliza the Wife of Matthew Broughton now of No. 5 Charlotte Street Blackfriars Road in the County of Surry Gentleman the like sum of two hundred pounds sterling to be paid by my Executors hereinafter named within twelve calendar months next after my decease

and after payment of my just debts and funeral expence and the last mentioned legacies I desire and direct the said Bartholomew Broughton and William Sutton their Executors or administrators to place out the residue of the said trust monies in the public funds in the Kingdom or upon real security in their names and to alter vary and transpose from time to time the said stocks funds and securities at their discretion upon trust that they the said Bartolomew Broughton and William Sutton do and shall pay out of the dividends interest or yearly produce thereof arising as when the same shall become payable or be received unto my sister Isabella Mandeville the wife of Richard Mandeville the sum of twenty five pounds p[er]ann[um][?] during her life for her sole use and benefit and not subject to his debts or control

and to pay the residue of such interest or yearly dividends of the said trust monies unto my dearly beloved Wife Susannah Docwra for and during the term of her natural life and from and immediately after the decease of my said Wife then upon trust that the said Bartholomew Broughton and William Sutton their Executors or administrators do and shall pay the residue of the said trust monies or assign and transfer the securities in or upon which the same shall be placed out or invested unto the said Eliza Broughton the Wife of the said Matthew Broughton to and for her own sole and separate use and benefit or to such person or persons as she shall by any writing signed with her own proper hand notwithstanding her present or any future coverture direct or appoint

and my will is that her present or any future husband shall not intermeddle therewith neither shall the same be liable to the control debts or engagement of such present of future husband and the receipt of the said Eliza Broughton agreed with her proper hand notwithstanding her present or future coverture shall be a good and sufficient discharge to my said Trustors their Executors or administrators for the payment thereof

and I do hereby nominate constitute and appoint the said Bartholomew Broughton and William Sutton and my dear Wife Susannah Docwra Executors and Executrix of this my Will provided always

and I do hereby declare my ____ and will to be that my said Executors and Trustees and their and his Heirs Executors or administrators shall be charged and chargeable only for such monies as they respectively shall actually receive or shall come to their respective hands by virtue of this my will and the one of them shall not be answerable or accountable for the other and others of them or for the acts deeds receipts neglects or defaults of the other but each of them for his own acts deeds receipts neglects or defaults only

neither shall they or either of them be answerable or accountable for any Banker or other person in whose hands any part of the said trust monies shall or may be lodged or deposited for safe custody or otherwise in the execution of the aforesaid trust neither shall they be answerable for the insufficiency of any security upon which the said trust monies or any part thereof shall or may be placed out or invested or for any other loss misfortune or damage which may happen in the execution of the aforesaid trusts or in relation thereto unless the same shall happen by or through their own wilful defaults respectively

and also that my said Trustees and Executors shall and may retain and reimburse themselves all such loss costs charges damages trouble journies and expence as they may sustain expend or be put unto in the execution of this my will or any wise relating thereto

and revoking all former wills by me before made I do declare this to be my last Will and Testament

In witness whereof I the said John Clerke Docwra have to this my Will set my hand and seal this twenty third day of June one thousand eight hundred and twenty six

John Clerke Docwra (LS)

Signed sealed published and declared by the said John Clerke Docwra the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other and at his request have subscribed our names as witnesses hereto the several alterations and interlineations throughout having been first made -

G. Broughton, Brixton Villa Surry - The mark of x Ann Court, Nurse to Capt. Docwra - Jane Dorrington, Servant Captain Docwra.

Proved at London 12 March 1830 before the Worshipful Thomas Blake Doctor of Laws and Surrogate by the oath of Bartholomew Broughton one of the Excecutors to whom administration was granted having been first sworn duly to administer power received of making the like grant to William Sutton and Susannah Docwra Widow the Relict the other Executors when they shall apply for the same.

PRO, catalogue reference: PCC Prob/11/1768, will of John Clerke Docwra, Gentleman of Sydenham, Kent (proved) 12 March 1830 (dated 26 June 1826).

Transcription by Odd Ottesen, Kristiansand, Norway, 12 November 2003.

John Clerke Docwra was the brother of Lydia Docwra of Lewisham whose Will may be found in this section, and was the son of Edward Docwra of Royston and Elizabeth Docwra of Woburn whose Wills are also in this section.

Transcriber's Note: The text of this will is unusually untidy, with several phrases written above the line and a couple additions in the margin. For instance: "and William Sutton" is always written above the line, except in the probation text. At the end of the will "the several alterations and interlineations" are accordingly pointed out.