Monday, 14 February 2011
Amanuensis Monday - the will of Silvester Read 1879
John Newmark, who writes the TransylvanianDutch blog, has a weekly theme each Monday called Amanuensis Monday to encourage the posting of transcriptions of documents to preserve and publish their contents.
This is the will of my 3 x great-grandfather Silvester Read, who died in Birmingham in 1879.
This is the last will of me Silvester Read of the Fox Inn Freeman Street Birmingham Licensed Victualler hereby revoking all former wills by me made. In the first place I direct payment of all my just debts and funeral and testamentary expenses. I give to my children (namely) Isabella Twist, Silvester Read, Catherine Clements, Sarah Read, Elizabeth Darby and Arthur Read a legacy of fifty pounds each and subject to the payment thereof I give and devise unto my brother in law Mr Charles Terry (Whom I hereby appoint Trustee of this my will) all the rest and residue of my real and personal Estates whatsoever (including all mortgage and trust Estates subject to the Equities and trusts thereof) upon trust that my wife Ann do and shall have the use and enjoyment of my furniture goods chattels and household effects during her life and also that she do and shall receive the rents income and profits arising from my said real and personal Estates with full power for her of her own sole and uncontrolled authority to continue and carry on my said Trade or business or any part thereof for such time and in such manner and in such place or places as she may think proper and without liability to account to my said Trustees or to any other person in respect thereof and to use pay and apply during her lifetime all or so much of the nett annual income arising therefrom as she may deem necessary and proper in the maintenance and support of herself and the maintenance and education of such of my children by my said present wife as shall be living at my decease and from and after the decease of my said wife upon trust that all such parts of my said real and residuary personal Estates as shall not consist of money or securities for money shall be sold and all the residue of my personal Estate collected in and my said Trustee shall pay the clear nett residue of such moneys and of all other moneys which shall come to his hands by virtue of this my will (less expenses of sale, collection and conversion) unto and equally amongst all and every such of my children by my said present wife as shall be living at the time of the decease of my said wife share and share alike with benefit of survivorship and I authorise my said Trustee as and when my said property and effects shall be sold and converted into money as aforesaid and during the minority of any person interested under this my will to place out the share of such minor of and in such money at Interest on Mortgage of freehold or leasehold properties in England or on government securities and to apply for the maintenance and education of each minor the whole or a competent part of the income arising from such share or presumptive share and also of my said Trustee think proper to pay and apply not more than one half of the vested or presumptive share of such minor towards his or her advancement in life and I direct that the legacy share and interest of every female under this my will shall be paid to her for her own sole and separate use and free from the debts of control of her present or any future husband and her receipt alone notwithstanding coverture shall be a good discharge therefore and I declare that the power of appointing new Trustees conferred by the Act 23rd and 24th Victoria Chapter 145 shall for the purposes of this my will be vested in my said wife during her life and after her decease then in the person or persons mentioned in that behalf in the said Act and I appoint my said wife Ann together with the said Charles Terry Executrix and Executor of this my Will. In witness thereof I have hereunto set my hand the second day of September one thousand eight hundred and seventy nine.
Signed by the said Silvester Read in the presence of us who in his presence and in the presence of each other (all being present at the same time) have hereunto set our names as witnesses.
Abraham Terry, Portland Street, Aston Manor
Hugh Mathews, Clerk to JS Canning & Canning Sols, B'ham.