Vauxhall Gardens

Will of Jonathan Tyers the Elder: 1767

National Archives, PROB II, 931

I Jonathan Tyers of Lambeth in the County of Surry Esquire do make this my last Will and Testament in manner following. First I give demise and bequeath unto my dear and loving Wife Elizth all my Real and personal Estate as well Freehold as Copyhold (I having surrendered my Copyhold Estate to the use of my will) and leasehold and of whatever nature and kind soever and wheresoever for and during the Term of her natural Life upon this Express Condition nevertheless that she my said Wife do pay unto my son Thomas Tyers the Sum of Two hundred Pounds by Four Quarterly payments during the Term of her natural Life the First payment to begin on the First Quarter day that shall happen next after my decease clear of all outgoings and deductions whatsoever and from and after the decease of my said Wife then the said Annuity of Two hundred pounds a year is to cease and from and after her decease All that my Freehold Estate in Barnaby Street I give to my Son Thomas Tyers and his Heirs for Ever and whereas it may be prudent and for the Interest of my Family that my Freehold and Copyhold Estates (except my said Estate in Barnaby Street) or some part thereof should be sold and disposed of I do therefore hereby Authorize and impower my said dear Wife by and with the Consent in writing of my Son Thomas Tyers and my two Daughters Margaret Rogers and Elizabeth Wood notwithstanding their Coverture or any two of my said Children to sell and dispose of the whole of my said Freehold and Copyhold Estates or any part thereof (the said Estate in Barnaby Street only excepted) and to lay out the Money arising by such sale in the purchase of Government Securities the Interest whereof the said Elizth my Wife is to receive for her Life and after her decease the same is to be paid and divided in manner following that is to say— one Third part thereof to my Son Thomas Tyers and the other two remaining third parts my will and meaning is shall remain in Government Securities and be Transferred into the Names of my said Son Thomas Tyers and my Brother in Law Mr Edmund Farmer of Wandsworth In Trust for the sole and separate use of my said daughters respectively and not to be Subject to the Controul debts or Intermeddling of their present Husbands and their receipt for the dividends is alone to be sufficient for the same and my will is that when my said two daughters or either of them shall become sole that the daughter so becoming sole as aforesaid shall be intitled to have and receive her said Third part and proportion and to lay out and invest the same or dispose thereof as she shall think proper And my will is that both my said daughters as well in the Life time of my said Wife as after her decease and during and notwithstanding their respective Covertures and without their husbands shall have power to give and dispose of their said Shares and proportions by their Last Wills and Testaments in writing or any writing purporting so to be Executed in the presence of two or more Credible Persons as they shall think proper but in case my said two daughters or either of them shall not make any such disposition then my will is that the husband of such daughter not making such disposition shall be intitled to have and receive the dividends of his Wife's Share during his Life and after the decease of such daughter then her share and proportion is to be divided equally amongst her Children in such Parts as her Husband shall direct and in case such daughter shall have no Children then the same is to go equally amongst the children of the said other daughter provided always and my express Will is that my said Wife shall in all Events whether the said Freehold and Copyhold Estates shall be disposed of or not have power to Charge the same or the Money arising by the sale with payment of the sum of One Thousand Pounds to be paid to and amongst her Children or Grand Children in such proportions as she shall by her Last Will in writing Executed in the presence of two or more Credible Witnesses direct and in case my said Wife shall dye without having disposed of my said Freehold and Copyhold Estate with such consent as aforesaid then I do hereby devise my said Freehold and Copyhold Estate in manner following that is to say that one third part thereof to my son Thomas Tyers and his Heirs and the remaining two third parts thereof I do hereby devise to my said Son Thomas Tyers and Edmund Farmer their heirs in Trust for the use of my said Two daughters equally to be divided between them whether Covert or Sole and notwithstanding their Coverture and not to be subject to the Controul or debts of their husbands but for their separate use after their decease to such person or persons as they shall direct their respective Shares so belong unto and to their Heirs Also I give unto my son Jonathan Tyers the sum of one Hundred pounds a year for and during the Term of his natural Life clear of all Outgoings to be paid Quarterly by my said Executrix hereinafter named in case my said Son Jonathan shall happen to survive his present Wife the first payment to be made the First Quarter day after her decease but my Will is that my Executrix shall not be obliged to give any Security for the same further my Will is that my said son Jonathan shall immediately after my decease Execute a Release of all Claims and demands upon my Real and personal Estate as well Freehold as Copyhold otherwise upon his refusing so to do then my Will is that the bequest of the said Annuity shall be void and the residue of my personal Estate I give to my said dear Wife Elizth and make her sole Executrix of this my Will in Witness whereof I have hereunto set my hand and seal the fourth day of June 1758

Jona: Tyers

Signed sealed published and delivered by the said Jonathan Tyers the Testator as and for his last Will in presence of us who at his request and in the presence of each other have signed our Names as Witnesses hereto

W. Lethieullier John Close Ed. Wade

I having since the making of this my will purchased the other Moiety of Mrs Jennings and Mr Atkins of the Spring Gardens Vaux Hall I hereby give and appoint the said Moiety to the same uses and purposes as the other Moiety of the same premises mentioned in the within Will signed sealed and delivered this 18th of July 1758

Jona: Tyers

Witness Ed. Wade James Kier John Trinder

[a second codicil of 26 May 1765 leaves £30 per annum to Ann, wife of William Prior of Dorking, and £200 to her daughter Ann, upon her satisfactory marriage. Ann, nee Baverstock, married William Prior of Dorking on 27 December 1742. They had five children, of which the third, Ann, was christened on 3 October 1755; she married John Taylor of Pirbright on 20 August 1773]

Probate was granted to Elizabeth on 7 July 1767