Will of Judith Melhado

Died London, 1853 - PRO file PROB 11/2169 ref. 210


Summary

Judith left legacies to her grandchildren and to her sister Luna in Jamaica (known to be the widow of Dr. Emanuel Melhado) - it is possible that she used the term sister to mean sister-in-law. She also left legacies to the executors. Otherwise the money was divided between 5 children, Rebecca, Sarah, Daniel (via his wife Emma), Elias (my great great grandfather) and Michael, mostly under the control of the women.

One of the executors was Jacob Aaron Melhado, wife of Rebecca, which suggests that she married a cousin. He is probably the "Jo A Melhado, nephew" who registered Judith's husband Daniel's death in 1838. Sarah was married to Alfred Melhado, the son of Emanuel Melhado, as shown by the marriage record in the records of Bevis Marks (London Spanish & Portuguese Jewish congregation). It would appear that marriage between cousins was common in the family!

I have added breaks for ease of reading: the original is several large pages with little spacing or punctuation!


This is the last Will and Testamentof me Judith Melhado of number 14 Sussex Square in the Parish of Paddington in the County of Middlesex Widow First I direct All my just debts and funeral and testamentary expenses to be paid as soon as conveniently may be after my decease I give and bequeath to all my grandchildren who may be living at the time of my decease the sum of Fifty pounds Sterling apiece to be paid to them respectively as and when they shall respectively attain their respective ages of twenty one years And in case any or either of them my said grandchildren shall depart this life under the age of twenty one years then I direct that the Legacy or respective Legacies of such Grandchild or Grandchildren so dying as aforesaid shall go and be paid to such one or more of my Grandchildren as shall live [page] and attain the age or respective ages of twenty one years equally to be divided between them if more than one Also I give and bequeath unto my Sister Luna Melhado resident in the Island of Jamaica the sum of Two hundred pounds Sterling to be paid to her in Jamaica I give and bequeath to my Son in Law Jacob Aaron Melhado the sum of One hundred pounds Sterling as a mark of my affection for him and in addition to the Legacy hereinafter mentioned to be given him as one of my Executors hereinafter named

And I give devise and bequeath all my Freehold and Leasehold messuages stores hereditaments and premises in the said Island of Jamaica and all other my property of a freehold and leasehold nature in the said Island and all the rest of the real and personal estate whatsoever of or to which I am possessed or entitled or of which I have power to dispose by this my Will subject to and after payment of my debts and funeral and testamentary expenses and the several legacies by this my Will given or to be given by any Codicil or Codicils thereto unto Philip Duras(?) of Hoarham (?) Hill near Manchester in the County of Lancaster Esquire Jacob Isaacs of Number 5 Dorset Square in the said County of Middlesex Merchant and my said Son in Law Jacob Aaron Melhado my Executors hereinafter named their heirs executors administrators and assigns according to the respective natures and qualities of my said Estates for all my estate and interest therein upon trust according that they my said Trustees and Executors and the survivors and survivor of their his heirs executors and administrators and their or his assigns be and shall make sale and dispose of my said Freehold and Leasehold messuages and stores hereditaments and premises and of such other parts of my Estates and effects as shall be in their nature saleable by Public Auction or Private Contract and altogether or in parts as they or he may think expedient with discretionary powers to them and him my said Trustees and Trustee to buy in the same or any of them at any Sale or Sales and to rescind any Contract or Contracts for the sale thereof but also to postpone the sale of the said freehold and leasehold messuages stores hereditaments and premises and of any foreign stock or securities and of any Canal or Govt(?) shares or shares of Public Companies for any time or period not exceeding Three years after my decease if they or he shall think it for the benefit of my Estate so to do and be and shall collect get in and receive such parts of my estate assets as are not in their nature saleable and I direct that my said Trustees or Trustee shall stand possessed of the monies to arise by the aforesaid sales and the monies which shall be collected got in and received as aforesaid for the trusts hereinafter declared of or reoccurring the same that is to say upon trust that my said Trustees or Trustee shall invest all such monies in their or the names or name in the purchase of Stock(?) in some-or-out(?) of the Public(?) funds of Great Britain of a permanent nature and do and shall stand possessed thereof and of the dividends interest and annual proceeds thereof upon the trusts and to and for the ???? intents and purposes hereinafter declared that is to say

as to one equal fifth part or share thereof upon trust to pay the interest dividends and annual proceeds of such equal fifth share of the said trust monies sterl. funds and securities to my daughter Rebecca Melhado the wife of the said Jacob Aaron Melhado for and during the term of her natural life for her separate use free from the debts control or engagements of her present or any after taken husband and whose receipts in writing whether she be single or married shall be sufficient discharges for the same and from and after the decease of my said daughter Rebecca Melhado if she shall leave a husband her surviving upon trust that they my said Trustees or Trustee do and shall pay the interest dividends and annual proceeds of the said share to which my said daughter Rebecca was entitled for life by virtue of this my Will unto her husband for the time being during his life or until he shall become Bankrupt or take the benefit of any ?? for the relief of Bankrupt debtors and after the decease of such husband or upon his Bankruptcy or Insolvency or immediately after the decease of my said daughter Rebecca Melhado in case she shall not leave a husband her surviving upon trust that my said Trustees or Trustee do and shall pay transfer and assign the [page] capital or principal of the share to the dividends interest and annual proceeds of which she my said daughter Rebecca was entitled for life unto such child or such of the children of her my said daughter Rebecca Melhado as being a daughter or daughters shall attain the age of twenty one years or be married or being a Son or Sons shall attain the age of twenty one years in equal proportion if more than one and if but one the whole to such one or only child But in case my said daughter Rebecca Melhado shall depart this life without leaving any child who shall become entitled to a vested interest in the said one fifth share to the interest dividends and annual proceeds of which she my said daughter Rebecca was entitled for life under this my will then and in such case after the decease or bankruptcy or insolvency of the husband of my said daughter Rebecca if she shall leave a husband her surviving and if not then after her own decease and such default or failure of any such child as aforesaid upon trust that the Capital or principal of the share to the interest dividends and annual proceeds of which she my said daughter Rebecca was entitled for life shall go and be held by my said Trustees or Trustee in trust for such person or persons as would be entitled thereto by virtue of the Statutes for the distribution of the Estates of intestates as her next of kin at the time of the decease in case she had departed this life intestate without having been married

And as to one other equal fifth part or share of the said stocks upon further trust to pay the interest dividends and annual proceeds of the same to my said daughter Sarah the wife of Alfred Melhado for and during the term of her natural life for her separate use free from the debts control or engagements of her present or any after taken husband... [as before]

proceeds of the same to my daughter in Law Emma Melhado the wife of my son Daniel Melhado during her life for her separate use free from the debts control or engagements of her present or any future husband with whom she may intermarry whose receipts in writing shall be sufficient discharges for the same and [page] from and after the decease of my said daughter in law Emma Melhado upon trust that my said Trustees or Trustee do and shall pay transfer and assign the said one fifth share to the dividends interest and annual proceeds of which she my said daughter in law Emma was entitled for life unto such child or such of the children of her my said daughter in law Emma Melhado as being a daughter or daughters shall attain the age of twenty one years or be married or being a Son or Sons shall attain the age of twenty one years in equal proportion if more than one and if but one the whole to such one or only child And in case my said daughter in law Emma Melhado shall depart this life without leaving any child who shall become entitled to a vested interest in the said one fifth share to the interest dividends and annual proceeds of which she my said daughter in law was entitled for life under this my will then and in such case upon trust that the Capital or principal of the share to the interest dividends and annual proceeds of which she my said daughter in law Emma was entitled for life shall be paid and transferred by my said Trustees or Trustee to my said son Daniel Melhado if he shall then be living absolutely to and for his own use and benefit but if not then living then upon trust that the trust shall go and be held by my said Trustees or Trustee in trust for such person or persons as would be entitled thereto by virtue of the Statutes for the distribution of the Estates of intestates as the next of kin of my said son Daniel Melhado in case he has departed this life intestate without having been married

And as to one other equal fifth part or share of the said stocks upon further trust to pay the interest dividends and annual proceeds of the same to my said son Elias Melhado for and during the term of his natural life and from and after the decease of my said son Elias Melhado in case he shall have been married and shall leave any child or children him surviving upon trust that they my said Trustee or Trustees shall pay transfer and assign the Capital or principal of the share to the dividends interest and annual proceeds of which he my said son Elias was entitled for life by this my Will unto such child or such of the children of him my said son Elias Melhado as being a daughter or daughters shall attain the age of twenty one years or be married or being a Son or Sons shall attain the age of twenty one years in equal proportion if more than one and if but one the whole to such one or only child But in case my said son Elias Melhado shall depart this life without having been married or without having or leaving any child who shall become entitled to a vested interest in the said one fifth share to the interest dividends and annual proceeds of which he my said son Elias was entitled for life under this my will then and in such case after the decease of my said son Elias and in default or failure of any such child as aforesaid upon trust that the Capital or principal of the share to the interest dividends and annual proceeds of which my said son Elias was entitled for life shall be paid and transferred by my said Trustees or Trustee in trust for such persons or person as would be entitled thereto by virtue of the Statutes for the distribution of the Estates of intestates as his next of kin at the time of his decease in case he had departed this life intestate without having been married

And as to the remaining one other equal fifth part or share of the said stocks upon further trust to pay the interest dividends and annual proceeds of the same to my son Michael Melhado for and during the term of his natural life whose receipt shall be sufficient discharge to the same and from and after decease of my said son Michael Melhado then upon trust that the capital or principal of the share to the interest dividends and annual proceeds of which he my said son Michael was entitled for life shall be divided equally between such one or more of my said children Rebecca Melhado Sarah Melhado Emma Melhado Daniel Melhado and Elias Melhado as shall be living at the time of the decease of my said son Michael Melhado and be held by my said Trustees or Trustee under and subject to the same trusts and for the same purposes as the original share or shares of each such one or more of my said children as aforesaid are there under the tenors of this my Will as if the same had formed part of such original share or shares but in case none of my said other children the said Rebecca [page] Melhado Sarah Melhado Emma Melhado Daniel Melhado and Elias Melhado shall survive my said son Michael Melhado then upon further trust after his decease that the said capital or principal of the share to the interest dividend and annual proceeds of which my said son Michael Melhado was entitled for life shall go and be held by my Trustees or Trustee in trust for such person or persons as would be entitled thereto by virtue of the Statutes for the distribution of the Estates of intestates as the next of kin of the said Rebecca Melhado Sarah Melhado Emma Melhado Daniel Melhado and Elias Melhado

Provided always and I hereby direct and will that all and every and any other share which may accrue to any or other of my said sons or daughters as the next of kin of a deceased brother or sister under the trusts of this my Will shall be held by my said Trustees or Trustee for the benefit of any or other of such my said Sons or daughters upon the same trusts in the same manner as their original shares or share shall or may be sold by them Provided always and I do hereby direct and empower my Trustees or Trustee to raise any part or parts of the portion or portions to which any Child of any of my said Sons and daughters respectively shall be for the time being presumptively entitled under the trusts of this my Will not exceeding in the whole for any one such child one equal half part of his or her presumptive portion and apply for the money to be raised for the benefit advancement or establishment in the ????? of any such child in such manner as my said Trustees or Trustee in their or his discretion shall think fit

Provided always and I do hereby authorise and empower my said Trustees or Trustee during the minority or respective minorities of and child or children of any of my sons and daughters respectively who may for the time being be presumptively entitled to any share or shares in the said trust monies stocks funds and securities constituting the residue of my estate to pay so much and such part of the dividends interest and annual proceeds of the share or respective shares as well assuming as original of role said trust monies stocks funds and securities to which any such child or children shall respectively be entitled and of all accumulations thereof as they or he in their or his discretion shall think fit for the maintenance and education of such child or children respectively notwithstanding his her or their share or shares of ??? in the said trust monies stocks funds and securities and the interest dividends and annual proceeds thereof respectively shall not then have become vested or payable

Provided always and I do hereby direct that subject to the direction lastly hereinbefore retained such dividends interest and annual proceeds the said trust monies stocks funds and securities as shall not have become actually payable to any person or persons under the trusts aforesaid shall be from time to time accumulated in the way or nature of ???????? interest so long as the rules of Law permit and the same and the dividends interest and annual payments of all stocks funds and securities to arise from such accumulation shall be from time to time invested in the life stocks funds and securities as aforesaid for the benefit of the person or persons who become entitled to the principal ???? from which such dividends interest and annual proceeds and accumulations shall arise and according to his her or their interest in such principal And I do hereby declare that the receipts and receipts of the Trustees or Trustee for the time being acting in the execution of the trusts of this my Will shall be a sufficient discharge and discharges to any purchaser or purchasers of all or any part of my Estate hereby made saleable and that such purchaser or purchasers his her or their heirs executors or administrators shall not be answerable or accountable for any loss misapplication or nonapplication of the money therein empowered to be received Provided always and it is my will that in case all or any of my trustees hereby appointed or to be appointed as hereinafter is mentioned shall be or shall desire to be discharged from or decline or become incapable to act in the several trusts aforesaid or shall go to reside beyond the Seas then and in every such case and immediately thereupon or within one calendar month at farthest thereafter the surviving or remaining Trustees or Trustee for the time being or such of them as shall have acted in the trusts aforesaid or the executors or administrators [page] of the last surviving or remaining Trustee for the time being shall by some ??????? or ????????? under their hands and seals or hand and seal to nominate and appoint some other person or persons to be a Trustee or Trustees ????? ????  ????? aforesaid in the place of them or him so dying or desiring to be discharged or declining or becoming incapable to act or going to reside beyond the Seas and for that purpose shall make do and execute all proper as to transfer assign trusts and conveyances so as legally and effectually to vest and assure the trust estate stock funds and securities in such new or other Trustee or Trustees ????? or jointly with the surviving or continuing Trustees or Trustee as the rest may ?????? ??????? the trusts and do and for the intents and purposes thereof respectively declared by this my Will or such of them as shall be subsisting and capable of having effect and then and in every case every such new Trustee shall and may in all things act and assist in the execution of the same trusts for all intents and purposes and shall have such one the same powers and authorities and ???ration as if he had been originally hereby appointed a Trustee for the purposes aforesaid And it is my Will that my said Trustee and all future Trustees to be appointed as aforesaid their respective heirs executors or administrators shall be charged and chargeable only for such monies as they shall respectively actually receive by virtue of this my Will and shall not be answerable the one for any other of them not for any involuntary ??? and that it shall be lawful for the Trustee or Trustees for the time being to claim to and reinvest themselves respectively their respective heirs executors and administrators And also to allow to their respective Trustee or Trustees ??????? damages and expenses in or about the execution of the aforesaid trusts or ????? or in relation thereto

And I hereby appoint the said Philip Duras Jacob Fraars and Jacob Aaron Melhado Executors of this my Will and Trustees for the purposes hereinbefore mentioned And I hereby give and bequeath unto each of them the Legacy in sum of Twenty five pounds sterling for the trouble they may have in the execution thereof and of the several trusts and purposes aforesaid such legacy or sum of Twenty five pounds to be paid to said Jacob Aaron Melhado in addition to the said legacy of One hundred pounds hereinbefore bequeathed to him and hereby revoking all former and other wills and codicils by me at any time heretofore made I do declare this only to be my last will and testament In witness whereof I the said Judith Melhado the Testratrix have to each of the eleven sheets of this my last will and testament set my hand this eighteenth day of July in the year of our Lord One thousand eight hundred and fifty one -- Judith Melhado -- Signed by the said Judith Melhado the testatrix and by her declared to be her last will and Testament in the presence of us who were present at the same time and at her request appear as witnesses -- L H Hinchworth 10 St. Swithin's Lane City -- Thos F Solway 10 St. Swithin's Lane City.

Proved at London the 2nd March 1853 before the Worshipful William Calverley Curteis Doctor of Laws and Surrogate by the oath of Jacob Aaron Melhado Esquire one of the Executors to whom Administration was granted having been first sworn duly to administer - Philip Duras and Jacob Isaacs Esquires the other executors and two of the residuary legatees in trust named in the said Will having first renounced the probate and Execution thereof and also the Letters of Admon (with the said Will annexed) of the goods of the said Deceased (as by Acts of Court appears).

(ends)