yeovil people

john daniell the younger

Merchant Banker

 

The Daniell family were very wealthy mercers and glovers who came to Yeovil in the seventeenth century from East Coker, Gyles Daniell dying there in 1613. His grandson William settled in Yeovil, becoming a well-to-do glover and serving as Warden of Woborn's Almshouse from 1645 to 1647 and as Custos from 1654 to 1655. His son Samuel was also a glover and Custos of the Almshouse, marrying Mary Saunders in 1677. Mary told one of her grandchildren that she remembered seeing William of Orange riding through Yeovil in a red coat on a white horse on his way to take the throne from James II in 1688. Samuel's son, also Samuel, became a mercer and linen draper in Yeovil.

This Samuel, who was also the great-grandfather of Peter Daniell of Penn House, was father of John Daniell the elder, also a Yeovil mercer and linen draper who became a merchant banker. John built Hendford House (today's Manor Hotel) in 1776. His younger son, known as John Daniel the Younger (seen at left) was born in Yeovil in 1757 and baptised on 6 October 1757 at the Unitarian Chapel in Vicarage Street. His eldest brother, Samuel, became a banker owning Samuel Daniell & Co which John Daniell the younger eventually took over and the banking business, in premises close to Hendford House, ultimately became known as Yeovil Old Bank. He also inherited Hendford House on the death of his father in 1797.

A lease exists, dated 1801, in which George Bragg Prowse of Yeovil, Esq. leased to John Daniell of Yeovil, Esq. the “Capital Mansion House (later known as Kingston Manor House) in Yeovil for 6 years with coach house, stables, offices, courtyard, gardens, orchard and paddock containing 6 acres with household goods, furniture and implements of household in and about the Mansion House as listed in a certain inventory also Home Close and Quarry Close 10 acres, lying opposite the Mansion House on the north side of the highway from Yeovil to Sherborne in occupation of John Daniell. Rent - £74 per annum”. This was John Daniell the younger who had already inherited Hendford House on the death of his father, John Daniell the elder, in 1776.

John the Younger was married to Susan, the daughter of Peter Clarke, and they lived in Hendford House until his death in 1819. Susan then moved to West Cowes, Isle of Wight, where she died two years later. Their memorial tablet is in St John's church.

In 1812 John purchased Rampisham Manor in Dorset. This was occupied by the Reverend Arthur Johnson who married John's daughter, Elizabeth Clarke Daniell. John Daniell the younger died in Yeovil in 1819 and his daughter Elizabeth inherited his properties, including Hendford House.

 

John Daniell's signature on a banknote issued by the Yeovil Old Bank in 1818 (see Gallery below), the year before his death.

 

See Daniell Family Tree

See Inter-relationships of Daniell, Old & Goodford families

 

Land Holdings

 

The Yeovil Tithe Apportionment of 1846 shows that John Daniell the Younger had extensive land holdings in Yeovil as tabulated below. These were left to his daughter Elizabeth but, of course, in the 1846 Tithe Apportionment her husband was listed as the owner of all the properties.

 

Owner Occupier No Name
Johnson, Rev Arthur Daniell  Bullen, Maria 310 Salt House Orchard
Johnson, Rev Arthur Daniell  Bullen, Maria 310a Garden Salt House Orchard
Johnson, Rev Arthur Daniell  Batten, John 333 House, Garden & (Old) Bank
Johnson, Rev Arthur Daniell  Pilton, Emanuel 624 In Middle Northover
Johnson, Rev Arthur Daniell  Pilton, Emanuel 636 In Higher Northover
Johnson, Rev Arthur Daniell  Pilton, Emanuel 641 In Higher Northover
Johnson, Rev Arthur Daniell  Pilton, Emanuel 643 In Higher Northover
Johnson, Rev Arthur Daniell  Pilton, Emanuel 647 In Higher Northover
Johnson, Rev Arthur Daniell  Horsey, Thomas 649 Anstice's Close
Johnson, Rev Arthur Daniell  Horsey, Thomas 650 Cockey's Mead
Johnson, Rev Arthur Daniell  Horsey, Thomas 651 Higher New Close
Johnson, Rev Arthur Daniell  Pierce, Edward 652 Lower New Close
Johnson, Rev Arthur Daniell  Horsey, Thomas 655 Doctor's Meadow
Johnson, Rev Arthur Daniell  Horsey, Thomas 657 Parson's Close
Johnson, Rev Arthur Daniell  Horsey, Thomas 658 Anstice's Mead
Johnson, Rev Arthur Daniell  Horsey, Thomas 659 Anstice's Mead
Johnson, Rev Arthur Daniell  Horsey, Thomas 664 Long Close
Johnson, Rev Arthur Daniell  Horsey, Thomas 667 Little Summerleaze
Johnson, Rev Arthur Daniell  Pierce, Edward 668 Shortlands  
Johnson, Rev Arthur Daniell  Pierce, Edward 669 Shortlands Mead
Johnson, Rev Arthur Daniell  Bullen, Thomas 670 Shortlands Mead
Johnson, Rev Arthur Daniell  Maye, Richard Gortley 695 Higher Linches
Johnson, Rev Arthur Daniell  Harrison, Giles 696 Great Linches
Johnson, Rev Arthur Daniell  Bullen, Thomas 697 Bottom Close
Johnson, Rev Arthur Daniell  Maye, Richard Gortley 698 Shortlands
Johnson, Rev Arthur Daniell  Bullen, Thomas 699 Summerleaze
Johnson, Rev Arthur Daniell  Bullen, Thomas 700 Carey's Hill
Johnson, Rev Arthur Daniell  Bullen, Thomas 701 Higher Carey's Hill
Johnson, Rev Arthur Daniell  Horsey, Thomas 702 Wiseman's Close
Johnson, Rev Arthur Daniell  Bullen, Thomas 705 Dodge's Hill
Johnson, Rev Arthur Daniell  Bullen, Thomas 706 Orchard, The
Johnson, Rev Arthur Daniell  Bullen, Thomas 707 Farm House, Garden, etc
Johnson, Rev Arthur Daniell  Bullen, Thomas 708 Home Field
Johnson, Rev Arthur Daniell  Bullen, Thomas 714 Plantation
Johnson, Rev Arthur Daniell  Bullen, Thomas 715 Great Lincombe
Johnson, Rev Arthur Daniell  Bullen, Thomas 716 Great Elsons
Johnson, Rev Arthur Daniell  Nivill, Samuel 719 Furze Naps

 

Gallery

 

John Daniell the Younger
1758 - 1819

 

Elizabeth, daughter of John Daniell the Younger

 

A 'cut-cancelled' banknote for one pound issued by the Yeovil Old Bank and sporting the signature of John Daniell.

 

The Will of John Daniell

 

This is the last Will and Testament of John Daniell of Hendford House in the parish of Yeovil in the County of Somerset Esquire which being of sound and disposing memory and understanding I do make in manner following (that is to say) I give and bequeath my Messuage or Tenement with the appurtenances at Hendford in which I now reside and also all my Household Goods Plate Linen China Furniture which shall be in or about the same house or any other house in which I may reside at the time of my decease unto my dear Wife Susan Daniell and her assigns for and during her life I also give and bequeath unto my said Wife the sum of one thousand pounds of lawful English money to be paid to her immediately after my decease I give and bequeath unto my Brother George Daniell and my Friend & Partner John Hutchings the sum of one hundred and five pounds apiece to be paid to them respectively within one month after my decease I gibe and bequeath all my Money securities for money and all in my personal Estate and Effects whatsoever unto my dear Wife Susan Daniell my Brother George Daniell and my Friend and Partner John Hutchings of Martock in the said County of Somerset Esquire their ex[ecut]ors adm[inistra]tors and assigns in Trust that they my said Trustees or Trustees or trustee for the time being acting under or by virtue of this my Will do and shall as soon as conveniently may be after my decease call in and compel payment of such part of my personal Estate as shall consist of money or securities for money and do & shall sell and dispose of and convert into money such part thereof as shall not consist of money or securities for money And I direct that my said Trustees and trustees and trustee for the time being do and shall stand possessed of and interested in the monies which shall be received or [word illegible] by the ways and means aforesaid upon the trusts and to and for the intents and purposes and under and subject to the powers [word illegible] directions hereinafter expressed and declared concerning the same that is to say In trust that they my said Trustees or Trustees or trustee for the time being do and shall pay and satisfy all my Funeral expences and the expences of proving and establishing this my Will and all such debts as shall be owing from me to any person or persons whomsoever at the time of my decease and the interest of such debts as shall carry interest and authorize my said Trustees and my trustees and trustee for the time being to admit such [word illegible] of such debts as to them or him shall seem next and in the next place do and shall pay satisfy and discharge the several pecuniary legacies which I have or shall or may give bequeath in and by this my Will or in and by any Codicil or Codicils or other testamentory writings under my hand signed by me and whether witnessed or not and do and shall lay out and invest the residue or surplus of the money which shall come to them or the hands by all of any of the ways and means aforesaid in the name of them my said trustees or my trustees or trustee for the time being in the purchase of parliamentary or publik Stocks or Funds of Great Britain or on Real securities in England at interest and from time to time after may transpose and call in such Stocks Funds or securities as they my said Trustees or my trustees or trustee for the time being shall think fit and do and shall stand possessed of and interested in such Stocks Funds and securities In trust to pay unto my dear Wife Susan during her life one annuity or clear yearly sum of two hundred pounds of lawful money of Great Britain by four even and equal quarterly payments for her separate use and benefit without being subject or liable to the debts [incurred during ?] or control of any husband she may marry after my decease and my will is that she my said wife shall not while married or unmarried [word illegible] or dispose of [the said ?] annuity or yearly sum of two hundred pounds or any part thereof by anticipation and that every [alienation ?] so far as the same may relate to any part of such annual sum not actually due and payable shall be absolutely void and my will further is that the receipt and receipts in writing of my said wife for the said annuity or yearly sum of two hundred pounds or so much thereof as shall in such receipt or receipts expressed or acknowledged to be received shall from time to time notwithstanding her [word illegible] be a good and sufficient discharge for the same and as to for and containing the said stocks Funds and securities subject to and charged and chargeable with the payment of the said annuity of two hundred pounds to my said wife In trust that they my said trustees or my trustees or trustee for the time being do and shall pay and apply the interest dividends and annual produce of the said Stocks Funds and securities or a competant part thereof for and towards the maintenance education and bringing up of my Daughter Elizabeth Daniell until she shall attain the age of twenty four years as they my trustees or my trustees or trustee for the time being shall think fit and do and shall also in the meantime but not till my said Daughter shall have attained the age of seventeen years pay into her own proper hands as and for part of money and the expences of Cloaths and wearing apparel the clear yearly sum of Fifty pounds for the first year after she shall have attained such age and for the second year [inserted = the ?] clear yearly sum of sixty five pounds and so on adding the sum of Fifteen pounds each year until my said Daughter shall attain the age of twenty four years and in case of surplus do and shall lay out and invest such surplus in the purchase of parliamentary or other public Stocks or Funds of Great Britain or upon real securities in England at interest [draw ?] and take the interest dividends and annual produce of such Stocks Funds or securities and again lay out and invest the same as aforesaid so that the same interest dividends and annual produce may accumulate for the benefit of the person or persons who by virtue of or under the trusts hereinafter declared shall be [word illegible] to the fund or share whence or from which such accumulations shall respectively have proceeded and upon further trust that they my said trustees and my trustees and trustee for the time being do and hall from and after my said Daughter shall have attained her age of twenty four years permit and suffer or otherwise authorize and empower her my said Daughter to secure and take the interest Dividends or annual produce of the said Stocks Funds or securities for her life for her sole separate peculiar use and benefit and without being subject or liable to the debts informed [word illegible] control of any husband with whom she may happen to marry and my will is that the receipt and receipts in writing of my said Daughter for the said interest dividends and annul produce or for so much thereof as shall in such receipt or receipts be acknowledged to be received shall from time to time notwithstanding coverture be a good and sufficient discharge or good and sufficient discharges for the same and after the decease of my said Daughter Upon trust that they my said Trustees and my trustees and trustee for the time being do and shall stand possessed of and interested in the said Stocks Funds and securities In trust for the Child if only one or if more than one all the Children of my said Daughter in manner following that is to say if there shall be but one such Child then in trust for and to be an interest vested in and to be transferred and paid to such Child at such age day and time as my said Daughter in and by her last Will and Testament in writing or any Codicil or Codicils thereto to be by her signed in the presence of and attested by two or more credible Witnesses shall direct or appoint and in default of such direction or appointment and if any subject thereto then in trust for and to be an interest vested in such Child being a son at his age of twenty one years or being a Daughter at her age of twenty one years or day of marriage which shall first happen and to be transferred to him or her at such age day or time accordingly if the same shall happen after the decease of my said Daughter but if the same do happen in her lifetime then immediately after decease but in case there shall be two or more Children of my said Daughter then In trust for all and every or such one or more of such Children at such respective ages days or times and in such parts shares and proportions and subject to such conditions restrictions and limitations over such limitations over to be for the benefit of some or one of the said Children as my said daughter by her last Will and testament in writing or any Codicil or Codicils thereto to be signed in the presence of two or more credible Witnesses and to be attested by the same Witnesses shall notwithstanding [word illegible] direct or appoint and in default of such direction or appointment and if any subject thereto then in trust for all the Children of my said Daughter to be divided between or amongst them share and share alike the share and shares of such of them as shall be a son or sons to become vested in him or them respectively on his or their attaining his or their age or respective ages of twenty one years and the shares or share of such of them as shall be daughter or daughters to and become invested in her or them attaining her or their age or respective ages of twenty one years or on the day or respective days of her or their marriage or respective marriages which shall first happen and the shares of such Children respectively to be transferred to them respectively at such respective ages days or times accordingly if the same hall and respectively happen after the decease of my said Daughter but if such respective ages days or times shall respectively happen during the life of my said Daughter then the same shares to be respectively transferred immediately after her decease provided always that no Child entitled to a share of the said Stocks Funds or securities or the interest dividends or annual produce of the same under any appointment to be made in persuance of the aforesaid [power ?] shall be entitled to any further or other share of and in the remainder or unappointed (if any) of the same stocks Funds and [inserted = or] securities or the interest dividends or annual produce thereof until any such Child for whom a part or share is hereby intended shall have [word illegible] so much out of such unappointed [word illegible] as will make his or share equal if not otherwise so to that of the Child so taking under such appointment unless my said Daughter shall by her said Will declare the contrary and my Will is if any or other of the Children of my said Daughter being a Son or Sons shall depart this life under the age of twenty one years or being a Daughter or Daughters shall depart this life under that age and unmarried then the portion part or share portions parts or shares hereby intended for such Child or Children so dying [word illegible] or so much thereof as shall not have been raised and paid or applied under or by virtue of the powers of advancement hereinafter contained shall go and accrue to the Survivors and Survivor and others and other of the said Children being the Brother or Brothers and Sister or Sisters of each such Child so dying and to be the respective ex[excut]ors adm[inistrat]ors and assigns of such brother or brothers sister of sisters as shall be dead having first acquired a vested Interest in their respective shares [inserted = and] if more than one be equally divided amongst them share and share alike and to be an interest vested in and paid or transferred to them him or her at such age day or time as their his or her original shares or share shall by virtue of this my Will become vested payable or transferable or so soon as afterwards as circumstances will admit and such benefit or survivorship shall extend as well to the survivor or accruing as to the original share or shares but if my said Daughter shall die without leaving and Child who being a Son shall attain the age of twenty one years or being a Daughter shall attain that age or be married Then my Will is that my said Trustees and my trustees and trustee for the time being shall and do stand possessed of and interested in the said Stocks Funds and securities and the interests dividends and annual produce thereof or so much thereof as shall not have been paid or applied in pursuance of the powers herein contained or any of them In trust for such person or persons and for such ends intents and purposes and in such parts shares and proportions as my said Daughter from and after her attaining the age of twenty four years and if cover notwithstanding coverture by her last Will and Testament in writing or any Codicil or Codicils thereto to be by her signed and published in the presence of two or more Witnesses and to be attested by the same Witnesses shall direct or appoint of or concerning the same and in default of such direction or appointment and if any subject thereto then incase my brother [inserted = George Daniell] shall be then living In trust for him his ex[excut]ors adm[inistrat]ors and assigns for his and their own absolute use and benefit but if my said brother shall be then dead then in trust for all and every the Child and Children of my said brother if more than one to be equally divided between them share and share alike to be an interest vested in a Son or Sons on his or their attaining the age of twenty one years and in a Daughter or Daughters on her or their attaining that age or marrying which shall first happen and to be paid and transferred to him her or them respectively on or at such time or respective times of vesting and my will is that if any or either the Children of my said brother being a Son or Sons shall depart this life under the age of twenty one years or being a Daughter or Daughters shall depart this life under that age and unmarried then the portion part or share portions parts or shares hereby intended for such Child or Children so dying or so much thereof as shall not have been caused and paid under or by virtue of the powers of advancement hereinafter contained shall go and accrue to the survivors and survivor and others and other of the said Children to the respective ex[excut]ors adm[inistrat]ors and assigns of such of them as shall be then dead having first acquired a vested interest in their respective shares [inserted = and] if more than one and be equally divided among [inserted = them] share and share alike and be and interest vested in and [inserted = be] paid or transferred to them him or her at such ages days or times as their his or her [accrual ?] shares or share shall by virtue of this my Will become vested payable or transferable or so soon afterwards as circumstances will admit and such benefit of survivorship shall extend as well to the surviving or [accrued ?] as to the original share or shares but if my said brother shall die without leaving any Child who being a Son shall attain the age of twenty one years or being a Daughter shall attain that age or be married Then my will is that my said Trustees and my trustees and my Trustee for the time being shall and do stand possessed of and interested in the said Stocks Funds and Securities and the interest dividends and annual [inserted = produce] thereof or so much thereof as shall not have been paid or applied in pursuance of the powers herein contained in case Mrs Sarah Worsley Widow and Mrs Elizabeth Hutchings the Wife of my Friend the said John Hutchings or either of them shall be living at the period of the determination or failure of the preceding trusts In trust for them oe [inserted = the] one of them who shall be then living their or her ex[ecut]ors adm[inistra]tors and assigns but in case the said Sarah Worsley and Elizabeth Hutchings shall not either of them be living at the period of the determination of the period nor trusts Then in trust for the person or persons who at such period or time shall be my next of [inserted = kin] if more than one in the shares and proportions they would have been entitled thereto under the Statute made for the distribution on Intestates Effects in case I had then died possessed thereof intestate And I direct that during such time as and Child or Children who under or by virtue of the provisions of this my Will shall be entitled in expectancy to any portion part or share of the aforesaid Stocks Funds or securities and who being a Son or sons shall be under the age of twenty one years or being a Daughter or Daughters shall be under that age and unmarried my said Trustees and my trustees and my Trustee for the time being do and shall pay and apply the interest dividends or annual produce of the share or shares to which such Child or Children shall be entitled in expectancy or a competent part thereof for and towards the maintenance education and bringing up of such Child or Children and in case a surplus or residue do and shall lay out and invest the same in their or his name in the purchase of parliamentary or public Stocks or Funds of Great Britain or upon Real securities in England at interest and receive and take their interest dividends and annual produce of such Stocks Funds or securities and again lay out and invest the same as aforesaid so that the said Interest dividends and annual produce may accumulate and do and shall stand possessed of and interested in the said interest dividends and produce and the stocks Funds and securities and the accumulations respectively In trust for the person or persons who by virtue or under the trusts hereinbefore declared shall be entitled to the Fund or share [wherever ?] from which such accumulations shall respectively proceeded And my will is and I hereby also declare that it shall and may be lawful to and for my said Trustees and my trustees and trustee for the time being to advance any part not exceeding one fourth part of the share or shares to which any Male Child or Children respectively hall for the time being be entitled in expectancy for or towards the Placing out or establishing of him or them in the World or otherwise for his or their benefit or advantage respectively any [word illegible] herein contained to the contrary notwithstanding I give and devise all my manors Messuages Farms Lands Tenements Hereditaments and Real Estate whatsoever and wheresoever (except Mortgage and trust Estates) unto my said Wife Susan Daniell [inserted = and] my Brother George Daniell and my Friend John Hutchings their hears and assigns upon trust that they my said Trustees and my trustees and trustee for the time being do and shall make sale and absolutely [truly ?] dispose og my Messuages Lands tenements heredit[ament]s and real Estate either together and in one lot or by parcels and in several lots and either by public auction [margin note inserted = or by private contract or partly by public auction] and partly by private contract as they he or she shall deem it expedient to buy in and resell the same at any future auction or by private contract without being liable [inserted = to answer] for any loss or diminution in price of such resale and also do and shall convey and [assure ?] the same Messuages Lands tenements heredit[ament]s and real Estate when sold as aforesaid unto and to the use of the person or persons who shall agree to become the purchaser or purchasers thereof his her or their heirs and assigns or unto and to the use of such person or persons and for such Estate and Estates intents and purposes as such purchaser or purchasers thereof respectively shall direct or appoint with full power and authority to and for my said trustees or my trustees or trustee for the time being to enter into any contract or contracts any person for all or any of the purposes hereinbefore mentioned and to carry into effect and [word illegible] by all such lawful and equitable means as my said trustees and my trustees and trustee for the time being shall think fit the observance and performance of all or any such contracts and with power for them or him and upon such terms and in such manner as they or he shall think fit to avoid or rescind all or any of such contracts or the terms of the same and upon this further trust that my said trustees or my trustees or trustee for the time being do and shall in the mean time and until such sale as the aforesaid ask demand sue for recover receive and take all the rents issues and profits where from time to time shall become due and payable for my said real Estate and make leases of the same real Estate or any part or parts thereof for any term or number of years not exceeding seven years from the making thereof at the best improved yearly rents without taking any sum or sums of money by way of fair premium or [word illegible] or any thing in the nature thereof and I direct that the person or persons who shall become the purchaser or purchasers of all or any of my Messuages Land tenements and real Estate or shall be the Lessee tenant or occupier thereof or of any part thereof and shall pay his her or their purchase money or rents and profits or any part thereof to my said Trustees or my trustees or trustee for the time being or to their of his agents or agent Attorney or Attornies or to any other person or persons under their or his direction shall not be obliged to see to the application of the same and that all receipts which shall be given for the said purchase money or the said rents and profits or any part thereof by my said Trustees or my trustees or trustee for the time being or their or his agent or agents Attorney or Attorneys or to any other person or persons to whom the same money rents and profits hall be paid under their or his direction shall be good and sufficient discharges for the sum or sums of money which therein or thereby respectively shall be acknowledged to be or to have been received And I direct that my said trustees and my trustees and trustee for the time being shall stand possessed of and interested in the monies which shall be received and arise from the sale of my said real Estate upon the trusts and to and for the intents and purposes and under and subject to the powers provisoes and directions hereinbefore expressed and declared concerning the monies ensuing from my personal Estate and shall pay and dispose of the same accordingly And I further direct that during the life of my said Wife no part of my Real Estate shall be sold without her express consent in writing for that purpose first had and obtained nor after the decease of my said Wife and during the life of my said Daughter Elizabeth Daniell without her express consent in writing for that purpose first had and obtained and that my said real Estate shall be considered and treated as personal and of the nature and quality of personal and not real Estate and my said trustees and my trustees and trustee for the time being shall stand possessed thereof and of the rents issues and profits thereof upon [inserted = and for] the same trusts and to and for the same intents and purposes and with under and subject to the same powers provisoes and directions as are hereinbefore expressed and declared of and concerning monies arising from my personal Estate and the stocks Funds and securities in or upon which the same monies shall or may be laid out or invested and the interest dividends and annual produce thereof or as near thereto as circumstances and the rules of law will permit And I declare that the provision which I made in this my will for and in favor of my said Wife shall be over and above and in addition to the provision made for her in and by the Settlement made on our marriage but shall be accepted and taken by her in recompence and full satisfaction of and for all [word illegible] and like to [Seven and thirds ??] and all other claims and demands whatsoever at Law or in equity of in or to my real and personal Estate and that she my said Wife shall when required by my aforesaid trustees or my trustees or trustee for the time being at the costs and charges or personal Estate make and execute essential releases and discharges of all [inserted = such] nor [Seven and thirds ??] and other claims of in or to my real and personal Estate and if my said Wife shall neglect or refuse to make and execute such releases and discharges I hereby revoke annul and make void all bequests contained in this my Will or which shall or may be contained in my Codicil hereto in favor or in trust for my said Wife and I direct that such part of my Estate or the monies oweing therefrom as is or are hereinbefore given or bequeathed in trust for my said Wife shall thenceforth go and be disposed of in such manner as though the said bequests had been herein altogether omitted and I appoint my said Wife my brother George Daniell and my Friend John Hutchings Executrix and Executors of this my Will and Guardians of my Daughter Elizabeth Daniell during her minority and all the Heredit[ament]s whereof I am seized possessed of or entitled to or interested in by way of mortgage or in trust I give unto the said Susan Daniell George Daniell and John Hutchings their heirs and assigns upon the trusts and for the intents and purposes and under and subject to the provisions and conditions [word illegible] in or affecting the said Heredit[ament]s or tenements respectively provided always and I hereby direct that if my said Trustees or either of them or any trustee or trustees or trustees to be appointed in the place or stead of them or any of them in pursuance of the power hereinafter for that purpose contained shall die or be desirous of being discharged from or refuse or decline or be unable to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully executed and performed Then and in such case and when and so often as the same shall happen it shall and may be lawful to and for my other trustees or trustee for the time being of their own discretion by any writing or writings under their his or her hands and seals or hand and seal and to be attested by two or more Witnesses from time to time to nominate substitute or appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and I particularly recommend and request that such nomination substitution and appointment of [word illegible] trustee or trustees may not be made on the death or resignation of any of the said trustees in order that my said Trustees may be always kept up to three in number and that when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid all and every the then trust Estates monies and premises which shall be vested in the trustee or trustees so dying desiring to be discharged or refusing declining or becoming incapable to act as aforesaid shall with all convenience speed be thereupon respectively conveyed assigned transferred and paid in such sort and manner and so as that the same shall and may be [word illegible] and effectually vested in the surviving or continuing trustees such new trustee or trustees Upon the same trusts and for the same intents and purposes and under and subject to the same powers provisoes and directions as are hereinbefore declared of and containing the same trusts Estates monies and premises respectively or such of them as shall be then subsisting and capable of taking effect and that every such new trustee or trustees shall and may in all things act and assist in the management carrying on and execution of the trusts to which they shall be so appointed in conjunction with the then surviving or continuing trustees or trustee if there shall be any if not by themselves as fully and effectually and with all the same powers and authorities to all intents effects constrictions and purposes as if he or thwy had been [originally ?] in and by this my Will nominated trustee or trustees for the purposes for which such now trustee or trustees respectively shall be appointed a trustee or trustees and as the trustees or trustees in these presents named there his or her heirs ex[excut]ors or adm[inistrat]ors in or to whose place such new trustee or trustees shall respectively come or succeed are or is enabled to do or could or might have done under or by virtue of this my Will if then being and continuing to act in the trusts hereby in them reposed any thing hereinbefore contained to the contrary thereof in any wise notwithstanding And it is my will that the said several trustees hereby nominated and appointed or to be nominated and appointed by virtue of the power hereinbefore contained and each and every of them shall not be answerable for any Banker broker or other person with whom or in whose hands any part of the trust monies shall or may be deposited or lodged or for any receiver or other person who shall or may be employed or instructed to receive the rents issues and profits interest dividends or annual produce or the [inserted = trust] estates monies or premises of for the insufficiency or deficiency or any security in or upon which any monies shall be placed out or invested or for any other misfortune loss or damage unless the same shall happen by or through their own wilful default respectively and that it shall and may be lawful to and for the said trustees and my trustees or trustee for the time being to retain to and reimburse himself and themselves respectively and to allow to his and their Co-trustee and Co-trustees all costs charges damages and expences which they or any of [inserted margin note = them shall or may suffer sustain expend disburse [word illegible] put unto in or about the execution of] the aforesaid trusts or in relation thereto and hereby revoking and making void all former and other Wills and Testamentary dispositions by me at any time heretobefore made do declare this and this only to stand and be my last Will and Testament In Witness whereof I the said John Daniell the testator have to this my last Will and testament of which there are two parts of the same [tenor ?] and effect each contained in Fifteen sheets of paper set and subscribed my hand and seal in manner following that is to say at the foot of the first fourteen sheets I have subscribed my name and to the last sheet I have subscribed my name and affixed my seal this twenty fifth day of January in the year One thousand eight hundred and twelve

John Daniell

Signed sealed published and declared by the said John Daniell the testator as & for his last Will & Testament in the presence of us who at his request & in his presence have subscribed our names as Witnesses

Wm Seymour Margaret St Cavendish Square
Geo Cartwright R Ogle Clerks to Messrs Seymour & Montisar Margaret Street Cavendish Square


Whereas I John Daniell of Hendford House in the parish of Yeovil in the County of Somerset Esquire have in and by my last Will and Testament in writing bearing date on or about twenty fifth day of January in the year of our Lord One thousand eight hundred and twelve made certain bequests and provisions to and for the benefit of my dear Wife Susan Daniell as therein mentioned and have thereby declared that the provision made in and by my said Will for my said Wife should be over and above and in addition to the provision made for her in and by the settlement made on our marriage Now I the said John Daniell do by this writing which I declare to be a Codicil to my said Will and direct to be accepted and taken as part thereof direct and declare that the bequests and provisions which I have made in and by my said Will to for and in favor of my said Wife Susan Daniell shall be accepted and taken by her in lieu recompence and full satisfaction of all provisions made for her in and by the said Settlement and also in lieu recompence and full satisfaction of and for all her right and title to Seven thirds and all other claims and demands whatsoever at Law or in equity of her my said wife of in or to my real and personal Estate And that she my said Wife shall when required by the trustees named in my said Will or my trustees or trustee for the time being after costs and charges of any personal Estate make and execute [affectual ?] releases and discharges of [inserted = all] such her claims and demands under or by virtue of the said Settlement and of all such her Seven and thirds claims and demands whatsoever of in to or out of my real and personal Estate and if my said Wife shall neglect or refuse to make and execute such releases and discharges as aforesaid I do hereby revoke annul and make void all bequests contained in my said Will or which shall or may be contained in any Codicil thereto in favor of or in trust for my said Wife and I direct that such part of my Estate or the monies arising therefrom as is or all in my said Will given or bequeathed to or in trust for my said Wife or for her benefit shall thenceforth go and be disposed of in such manner as though the said bequests been altogether omitted And lastly I do hereby ratify and confirm my said last Will and Testament in all respects other than and except as the same is hereby altered or [word illegible] In Witness whereof I the said John Daniell the testator have to this Codicil to my last Will and Testament of which these are two parts of the same tenor and effect and contained in two sheets of paper subscribed my name and affixed my seal in manner following (that is to say) to the first sheet thereof I have subscribed my name and to the second and last sheet thereof I have subscribed my name and affixed my seal this first day of February in the year of our Lord One thousand eight hundred and fourteen

John Daniell

Signed sealed published and delivered by the said John Daniell the testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as Witnesses
James Dean      Eliza Catherine Dean      Charles Dean


Proved at London with a Codicil 8 July 1819 before the Judge by the oaths of Susan Daniell Widow the Relict George Daniell Doctor of Physik the Brother and John Hutchings Esq the Executors to whom Adm[inistrati]on was granted being first sworn by Comon duly to adm[inister]

 

Transcribed by Bob Osborn