Date of Will: 30 October 1851
Proved on 20 June 1855 in the Prerogative Court of Canterbury

 










This is the last Will and Testament of me The Reverend JOHN RUSH of Chelsea in the County of Middlesex Clerk and Rector of Hartwell in the County of Bucks I direct that my debts and funeral and testamentary expenses may be paid as soon as may be after my decease I give unto my daughter MARY ANNE JANE and to EMILY the Wife of Mr CHARLES LENNOX MOORE TEESDALE two of my trustees and executors hereinafter named and to my dear Brother HENRY RUSH Esquire the sum of fifty pounds each to be retained and paid by my executors and trustees hereinafter named out of the first monies which shall come to their hands by virtue of this my will I give and bequeath my gold watch chain and seals to my daughter EMILY I give devise and bequeath all my freehold estate in Garden Grove Church Street Chelsea in the County of Middlesex And all other my real estate whatsoever and wheresoever situate And all my personal estate and effects of whatsoever nature or kind not herein specifically disposed Unto and to the use of my Son in law CHARLES LENNOX MOORE TEESDALE and his wife my said Daughter EMILY and my daughter MARY ANNE JANE the trustees of this my Will Upon and for the trusts intents and purposes hereinafter mentioned that is to say Upon trust that they my said trustees or the survivors or survivor of them or the executors administrators or assigns of such survivor shall and do with all convenient speed after my decease and in such manner as they shall think expedient sell dispose of and convert into money all such parts of my said personal estate as shall not consist of ready money and do and shall receive and get in all such debts and sums of money as shall be due and owing to me at the time of my decease and also that they my said trustees or the survivors or survivor of them his or her heirs or assigns shall and do with such convenient speed as aforesaid sell and convey and dispose of all and singular my said real estate either entire or in parts either by public sale or private contract unto any person or persons who shall be willing to become the purchaser or purchasers thereof or of any part thereof for the most money that can be reasonably had or gotten for the same with liberty to buy in and resell the same at any Sale by auction without being answerable for any diminution of price on any such resale And shall and do make and execute all such deed conveyances and assurances in the law as shall be requisite or necessary for effectuating such Sale or Sales And I do hereby declare that the receipt or receipts of the trustees or trustee for the time being acting under or in execution of this my Will shall be a good and effectual discharge to the purchaser or purchasers of the whole or any part of my said real estate for the monies which shall arise from or by the Sale of or paid for all or any part of my said real estate or for any other sum or sums of money which shall come to his her or their hands by virtue of or under this my Will or the trusts hereby declared or for so much of the monies respectively as in such receipt or receipts shall be expressed or acknowledged to be received And that such purchaser or purchasers or other person or persons paying such sums of money as aforesaid shall not after having obtained such receipt or receipts for the same as aforesaid be obliged to see to the application of or be answerable for the nonapplication of the whole or any part of the money in such receipt or receipts expressed to be received And upon further trust that they my said trustees or the survivors or survivor of them or the heir executors or administrators of such survivor shall and do by and with and out of the monies which shall arise by the Sale or Sales hereinbefore directed of my said real estate and which shall be received and produced from my said personal estate as aforesaid pay and discharge my debts and funeral and testamentary expenses and the legacies given by this my will and shall also satisfy the covenants hereinafter mentioned that is to say The covenant which I have entered into with the trustees of the Settlement executed on the marriage of my daughter CHARLOTTE HARMAN RUSH with CHRISTOPHER EDMUND BROOME Esquire for the payment to them of one thousand pounds within three Calendar months after my decease in the event of my said Daughter CHARLOTTE HARMAN BROOME surviving me And the covenant which I have entered into with the trustees of the Settlement executed on the marriage of my daughter EMILY with the said CHARLES LENNOX MOORE TEESDALE for the payment to such last mentioned trustees of one thousand pounds within there calendar months after my decease in the event of my said Daughter EMILY TEESDALE surviving me And as to all the residue of the said monies which shall remain after paying my said debts funeral and testamentary expenses and legacies and satisfying the said covenants I direct my said trustees and the survivors and survivor of them and the heirs executors and administrators of such survivor to pay and divide the same unto and amongst my two daughters HONOUR MARY RUSH and MARY ANNE JANE RUSH and their respective executors administrators and assigns for their absolute sole use and benefit in equal shares and proportions provided always and I hereby declare that if the trustees appointed by this my will or to be appointed under this present provision or any of them or their or any of their executors administrators and assigns shall die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them reposed as aforesaid before the same shall be fully executed then and in every such case it shall and may be lawful to and for the said surviving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them him or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to nominate and appoint any one or more fit person or persons to be a trustee or trustees in the room or place of the trustee or trustees so dying desiring to be discharged or becoming unwilling or incapable to act as aforesaid And that when and so often as any new trustee shall be nominated and appointed as aforesaid All the said trust estates monies and premises or such of them as shall then be subject to the trusts and provisions aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred so and in such manner as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require Upon and for the trusts intents and purposes hereinbefore expressed and declared or such of them as shall be then subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have and be entitled to exercise the same powers and authorities as if he or they had been appointed a trustee or trustees of this my Will And also that my said trustees and the survivors or survivor of them and the heirs executors and administrators of such survivor shall each of them be charged and chargeable only for such monies as they shall respectively actually receive by virtue of this my Will and that the one of them shall not be answerable or accountable for the other or others of them or for the acts deed receipts neglects or defaults of the others or other of them but each of them for his own acts deed receipts neglects or defaults only And also that it shall and may be lawful to and for my said trustees and the survivor and survivors of them and their respective heirs executors administrators and assigns in the first place by and out of the rents and profits of my said real estate or out of the dividends interest or annual income of my personal estate and the monies to arise by the sale of my said real and personal estate to deduct and reimburse themselves respectively And also to allow to each other all such losses costs charges damages and expenses as they any or either of them shall or may at any time or times pay sustain expend incur or be put unto for or by reason of the trusts hereby in them reposed or the management or execution thereof or anything relative thereto And I do hereby appoint my said Son in law CHARLES LENNOX MOORE TEESDALE and EMILY his Wife and my said daughter MARY ANNE JANE and the survivors and survivor of them Executors and Executrixes trustees and trustee of this my Will hereby revoking all other wills by me at any time heretofore made and declare this alone to be my last Will and Testament In witness whereof I have hereunto set my hand in the presence of the witnesses whose name are hereunder subscribed as witnesses thereto both of whom were present at the same time I signed the same and who at my request in my presence and in the presence of each other subscribed their names as witnesses thereto this thirtieth day of October in the year of our Lord one thousand eight hundred and fifty one – JOHN RUSH – Signed and declared by the said JOHN RUSH as and for his last Will and Testament the day and year first above written in the presence of us both of whom were present at the same time he signed the same and who at his request in his presence and in the presence of each other subscribed our names as witnesses thereto – THOS. FRAS. CREW 38 Essex Street Strand Solicitor – MARY BEAR 6 South Parade Servant to Mr Rush

 

This is a Codicil to be added to and deemed and taken as part of the last Will and Testament of me The Reverend JOHN RUSH of Chelsea in the County of Middlesex Clerk and Rector of Hartwell in the County of Bucks Whereas by my last Will and Testament bearing date the thirtieth day of October one thousand eight hundred and fifty one As to all the residue of the monies which should remain after paying my debts funeral and testamentary charges and legacies and satisfying the covenants therein mentioned and referred to I directed my trustees therein mentioned and the survivors or survivor of them and the heirs executors and administrators of such survivor to pay and divide the same unto and amongst my two daughters HONOUR MARY RUSH and MARY ANNE JANE RUSH and their respective executors administrators and assigns for their absolute sole use and benefit in equal shares and proportions And whereas since the date and execution of my said Will the said HONOUR MARY RUSH has from illness become incapable of managing her pecuniary affairs Now I do hereby revoke the said bequest contained in my said Will to the said HONOUR MARY RUSH and hereby direct that the said trustees and the survivors or survivor of them and the heirs executors administrators and assigns of such survivor in my said Will named to invest one half of the residue of the said monies which shall remain after paying my said debts funeral and testamentary charges and legacies and after satisfying the said covenants therein mentioned and referred to in my said Will in the purchase of three pounds per cent consolidated Bank annuities in the names of CHARLES LENNOX MOORE TEESDALE and my daughter EMILY his Wife and my daughter MARY ANNE JANE RUSH the said trustees of my said Will and that they and the survivors and survivor of them and the heirs executors administrators and assigns of such survivor do and shall from time to time receive the dividends interest and annual produce thereof and pay and apply the same in and towards the maintenance and support of my said daughter HONOUR MARY during the term of her natural life if she shall so long be under her present state of health and be unable to manage her said pecuniary affairs Provided always that if the said HONOUR MARY RUSH shall recover her said illness and be capable of managing her pecuniary affairs and such recovery shall be certified by three Physicians skilled in the knowledge of mental diseases then I direct my said trustees and survivors and survivor of them and the executors administrators and assigns of such survivor to transfer the said Bank annuities into the name of the said HONOUR MARY RUSH for her own use and benefit for ever and after the decease of the said HONOUR MARY RUSH in the event of her not recovering from her said illness I direct my trustees to transfer the principal of the said Bank annuities to the said MARY ANNE JANE RUSH her executors and administrators for her and their own use and benefit or as my said daughter MARY ANNE JANE RUSH may direct or appoint Provided always And I do hereby declare that if the said MARY ANNE JANE RUSH in my said Will named shall depart this life before myself and before the decease of the said HONOUR MARY RUSH that the share of the said MARY ANNE JANE RUSH of and in the residue of my said Estate bequeathed to her by my said Will shall be invested by the survivors and survivor of them the said CHARLES LENNOX MOORE TEESDALE and EMILY his Wife in their names in the purchase of three pounds per cent consolidated Bank annuities And that they and the survivor of them and the executors administrators and assigns of such survivor shall stand possessed thereof Upon trust to pay and apply the dividends interest and annual produce thereof in and towards the maintenance and support of the said HONOUR MARY RUSH as before directed with regard to her share of and in the said residue and after her decease in the event of the said MARY ANNE JANE RUSH departing this life before the decease of the said HONOUR MARY RUSH Upon trust to divide the whole of the said residue between the said EMILY TEESDALE and CHARLOTTE HARMAN Wife of CHRISTOPHER EDMUND BROOME in my said Will named in equal shares and proportions for their own respective sole use and benefit for ever And I hereby confirm my said Will and the several dispositions made thereby excepting so far as the same may be altered and varied by this Codicil In witness whereof I have hereunto set my hand in the presence of the witnesses who names are hereto subscribed as witnesses thereto both of whom were present at the same time I signed the same and who at my request in my presence and in the presence of each other subscribed their names as witnesses thereto this thirtieth day of June in the year of our Lord one thousand eight hundred and fifty two – JOHN RUSH – Signed and acknowledged by the said JOHN RUSH the day and year first above written as and for a Codicil to his last Will and Testament in the presence of us both of whom were present at the same time he signed the same and who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto – THOMAS FRANCIS CREW 38 Essex Street Stand Gentleman – MARY BEAR 6 South Parade Servant to Mr Rush

Proved at London with a Codicil the 20th June 1855 before the Worshipful George Edward Hughes Doctor of Laws and Surrogate by the oaths of CHARLES LENNOX MOORE TEESDALE EMILY TEESDALE (Wife of the said CHARLES LENNOX MOORE TEESDALE) and MARY ANNE JANE RUSH Spinster the Daughter the executors to whom admon was granted having been first sworn duly to administer