This is the last Will and Testament of Elizabeth Warner the wife of William Warner of Cunningham Place Maida Hill in the County of Middlesex formerly Elizabeth Cross a widow whereas my late husband Edward Cross deceased by his last Will and Testament in writing bearing date on or about the eighth day of October one thousand eight hundred and forty four after bequeathing the several specific and percuniary Legacies therein mentioned gave and devised all his freehold Estates as well as those which he was possessed of as any he might thereafter acquire unto myself the said Elizabeth Warner then Elizabeth Cross and unto Robert Gray and Edward Boore [?] therein respectively named and our heirs and assigns for ever. And he gave and bequeathed all and every his Leasehold Estates and all other his personal Estate and Effects of what nature or kind soever and whatever not therein before specifically bequeathed unto his said Executors [?} their executors administrators and assigns upon Trust that they the said Trustees their heirs executors administrators and assigns should invest all sum [?] part of his properly as should not consist of Freehold or leasehold Estates or money in the Funds [?] in the Public Government Funds of this kingdom and should pay the rents and profits of the said Freehold and Leasehold Estates and the dividends and all other monies which he might have in the Funds from time to time as the same should be received into my own proper hands for my natural life And from and after my decease the Testator gave all the said Freehold and Leasehold Estates and also all other his Personal Property (except as aforesaid) unto such person or persons of his kin [?] and blood or half blood in such shares and proportions manner and form as I by my last will and Testament or any writing in the nature of a last Will and Testament whether [.....] or sole should direct limit appoint give or bequeath the same And the said Testator directed that I was to be at full liberty to prefer any one or more of his Relations to the other of them [?] and to wxclude any one or more of them entirely at my own free will and pleasure And the said Testator appointed myself together with the said Robert Gray and Edward Boore Executors of his said Will who afterwards only proved the same in the proper Ecclesiastical Court Now in pursuant [?] of and by virtue and in exercise and execution of the powers and authorities vested in me by the above in part [...] Will and of all other powers and authorities enabling me in this behalf I the said Elizabeth Warner do hereby give and bequeath the freehold leasehold and personal property of the said Testator in manner following that is to say I give and devise all the part share and interest which belonged to the said Edward Cross at the time of his death of an in certain freehold premises situate in Kingsand Road [?] in the County of Middlesex unto Alfred Edward Warner and Charles James Warner two of the sons of Elizabeth Matilda Cross Warner deceased who was the [..] of my said late husband and to their heirs and assigns as tenants in common but if either of them should die under the age of twenty one years then the whole of such hereditaments unto the other of them his heirs and assigns for ever. But if they shall both die under that age Then I give and devise the said hereditaments unto the surviving children of the said Elizabeth Matilda Cross Warner and their heirs I give and bequeath to the two daughters of the said Elizabeth Matilda Cross Warner namely Emily Warner and Elizabeth Annette Warner their executors administrators and assigns All that leasehold dwelling house and premises in Cunningham Place in which I now reside and the house in George Street Portman Square in the occupation of --- Goldsborough or his tenants and which were part of the Estate my late husband for their own absolute use and benefit with benefit of survivorship between them in case either dies under the age of twenty one years and if they both die under that age then I give and bequeath the said dwelling houses and premises unto the surviving Childen of the said Elizabeth Matilda Cross Warner I give and bequeath all the part share and interest which belonged to the said Edward Cross at the time of his death in certain leasehold premises in Titchfield Street unto Emma the Widow of the late Abraham Hinson [?] a Niece of my late said husband subject to the payment thereout of ten pounds per annum unto her sister Matilda Elizabeth Cross Mertens for the term of such lease by equal half yearly payments the first of such payments to be made at the expiration of six calandar months next after my decease I give and bequeath all that leasehold dwelling house and premises in Margaret Street Cavandish Square formerly in the occupation of Mr Rendall or his undertenants other part of the Estate of my late husband unto his Nephew and Niece of the half blood Thomas Pool and Harriot Pool in equal shares as tenants in common. And at my decease I direct the house in Compton Street other part of of my late husbands property to be sold to make up his deficiancy in certain Stores [?] hereinafter mentioned as far as it will [...] and any debt then owing to my said husband's Estate may in like manner be applied to such deficiency and if there be any residue of my said husbands Estate over which I have any power of disposition I give the same to the said Alfred Edward Warner, Charles James Warrner, Emily Warner, and Elizabeth Annette Warner equally between them or to the survivors of their attaining twenty one. And whereas by a certain Indenture bearing date on or about the sixteenth day of September one thousand eight hundred and eleven and made between myself by my then name and description Elizabeth Carpenter Spinster of the one part my said late husband Edward Cross of the second part and William Shepherd [?] and Thomas Coomber therein described of the third part being a Settlement made previous to and in contemplation of my mariage with the said Edward Cross the sum of One thousand pounds of lawful money of Great Britain was to be [....] at the times and in manner therein mentioned and to be invested in the names of the said William Shepherd [?] and Thomas Coomber [?] to be hold by them upon certain trusts therein contained And it was amongst other things declared that in case the said marriage should take effect and I should happen to die without issue of the said marriage or in case such issue should all die in my lifetime or at any other time after my death and previous to their attaining their respective ages of twenty one years then that the whole of the said principal money and all the interest dividends and proceeds thereof should be vested in the said Trustees their executors administrators and assigns for the benefit of such person or persons and for such interests and purposes and [....] the said sum of one thousand pounds was afterwards raised and invested in the names of the said William Shepherd and Thomas Coomber as Trustees for the purposes of the said settlement in the purchase of onethousand two hundred and fifty pounds four per cent Bank Annuities which was afterwards by divers Acts of Parliament converted into Three Pounds five shillings per Cent Bank Annuities and on the death of the said William Shepherd the said Robert Gray was only appointed a Trustee in the place and [..] and the said Trust funds were transferred into the names of the said Thomas Coomber and Robert Gray as Trustees for the purpose of the said settlement and the said Thomas Coomber having since departed this life the same then became vested in the said Robert Gray alone upon the trusts aforesaid. And whereas there was no issue of the marriage between me and my said late husband and the said Robert Gray in the year one thousand eight hundred and thirty seven at the joint request of the said Edward Cross and myself sold out the said trusts funds and paid over the produce thereof to my said late husband upon his covanant to indemnify the said Robert Gray and to replace the said Stock in case I should survive the said Edward Cross which has happened and the Estate and Effects of the said Edward Cross deceased are now liable to make good the same but the sum of six hundred and nine pounds nineteen shillings Stock only has yet been invested and now stands in the name of the said Robert Gray Now I do hereby direct the said one thousand two hundred and fifty pounds Three pounds five shillings per cent Annunities may be made good by the sale of the Compton Street house as hereinbefore mentioned and by any outstanding debt which may be then owing to my late husbands Estate as far as they will respectively extend. And I further direct and declare that the said last mentioned Three pounds five shillings per cent Annuities shall be liable on the said place to [.....] due indemnify the said Robert Gray his heirs [?] and administrators from and against all losses costs charges [...] expences claims and demands whatsoever which he or they shall or may have sustained or shall sustain by reason or [...] of the said Robert Gray having sold out the said sum of one thousand two hundred and fifty pounds Three pounds five shillings per cent Annuities and paid the proceeds thereof to my said husband as hereinbefore mentioned and subject to the said trusts for the indemnity of the said Robert Gray his executors or administrators I further direct and declare that by and from such Trust funds the following legacies shall be paid that is to say to Lenrotia Carpenter [?] Ten Pounds, To Mary Ann Kenton [?] Ten pounds, To my friends Sarah Parsons, Mary Parsons, Eliza Hart, Sarah Slack [?], Mrs Richard Shepnoes [?], the said Edward Boore (in addition) Mrs Sarah Boore his wife, Emilly Pearson, William Edward Mathews and William Pool the sum of five pounds each for rings, To my friend Mrs Susannah Elizabeth Gray ten guineas for a ring, To my Servants now living with me namely Lucy Harriet Burgess and Jane Hillier the sum of one pound for each year they shall have been in my service at my decease and if they shall previously have left then one pound per annum from the time they entered my service to the time of quitting the same and also five pounds four mourning to each Servant whether living with me at my decease or not and whatever sum shall be left of the said [.........] property shall be devised [?] to a female that the same shall be for her own sole and separate use and not to be subject or liable to the debts control or intermeddling or engagements of any husband whatsoever and her receipt and discharge shall at all times complete to my Executors and all other persons transferring or paying the same without its being at all necessary that any husband should [..] therein And I declare that my said Executors shall not be answerable each other nor for any loss which may happen to or befal any part of my Estate in the execution of the trusts of this my Will and that they shall and may [..] retain and pay over to each other all such costs charges and expences as they may uncure or put in or about the execution of this my Will. And hereby revoking all former and other Wills by me at any time heretofore made I declare this alone to be my last Will and Testament And I appoint my said husband William Warner and the said Edward Boore and Robert Gray to be Executors thereof And I give to each of the last named Executors the sum of nineteen guineas as a mark of friendship and also for the trouble they will have in the execution of this my Will In witness whereof I have hereunto set my hand this twenty third day of June One thousand eight hundred and fifty one - Elizabeth Warner - Signed by the said Testatrix in the presence of us who in her presence and in the presence of each other present at the same time have subscribed our names as witnesses hereto - William Lancefield [?] No.3 Cunningham Place St John's Wood Road. George Bird, 49 Portman Place, Maida Hill.
Proved at London the 8th August 1853 before the Worshipful [�] Thomas Pratt. Doctor of Laws and Surrogate by the Oaths of William Warner the husband and Edward Boore the surviving Executors.