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The Will of
Linen Draper of Birmingham
I THOMAS HENRY GOODWIN
of Birmingham in the county of Warwick linen Draper so make my last Will and testiment as follows;
I Give and Bequeath all my household furniture books pictures plate linen china bedding stock of wine spirits ale? and other my household effects to my intended wife Mary Maria Haughton to and for her own use and benifit
I likewise bequeath to her the sum of three hundred pounds to and for her own use, to be paid her as soon as conveniently can be after my decease.
AND as to my personal estate and also all other my personal estate what nature or quality soever and wheresoever
I Give and Devise and bequeath the same unto my friends Robert Brunnoy? of the city of Coventry Esquire and William Newton of Birmingham Linen Draper to hold the freehold part to them their hiers and asigns and the personal part to them their executors admons and asigns upon trust to make sale of of the said freehold and such part or parts of my personal estate as shall in its nature be saleable either together or in parcels and by public auction or private contract as shall appear to them best as soon after my death as conveniently can be the purchasor or purchasors thereof or of any part thereof.
IT is my desire (they) shall not be answerable or accountable for the application of the purchase money or of any part thereof and that the reciept of my said trustees or of the survivor
of them his hiers executors adminitrators or assigns for the sum or any part thereof shall a good and sufficient discharge and
I likewise Direct that their reciept for any interest dividends or proceeds to become due in the mean time for all or any of my said property shall also be a good and sufficient discharge for the same and with cospon? to the insoids to arise from that said sale with all other my property hearby bequeathed on trust as aforesaid, I direct the same to be applied first in paying the expences to attend the said intended sale and all other expeces and damages to be expended arise or be any way sustained in carrying the trust of this my Will into effect.
Next in paying my debts funeral expences and the charges of proving this my will - Next that they do and shall pay the following legacies within twelve calader months after my decease that is to say
To my Aunt Elizabeth Williams who now lives with Mr. Joarlow? watch maker athbairue? The sum of five hundred pounds. To Mrs. Gilbert wife of my uncle Thomas Gilbert of Colchester Militery store keeper one hundred pounds.
To each of my cousins:- Thomas Morley Gilbert, Henry Gilbert, Elizabeth Gilbert, Sussannah Gilbert, Catherine Gilbert, Jane Gilbert, John Gilbert, George Gilbert, and Mary Gilbert sons and daughters of my said uncle Thomas Gilbert, one hundred pounds a peice.
To my cousin Richard Gilbert son of my uncle Richard Gilbert the sum of one hundred pounds, and in case either of them my said cousins shall decease this life before his or her reciept of the legacy above acrue to him or her and shall leave lawfull issue, him or her survive then it is My WILL that his or her children if more than one shall have his or her parents legacy equally and if only one dies then that said child shall take the whole of said parents shares, but if any or other of said legatees shall die befoe his or her reciept of the said legacy so given to him or her respectivly without leaving lawfull issue then I Direct the legacy of him or her so dying to sink into the residue of my personal Estate.
To John Dillose? late of Coventry Esq. the sum of one hundred pounds and in case of his death before his reciept of the said sum I give such one hundred pounds to his present wife and in case of her death before reciept thereof I direct such one hundred pounds to sink into the residue of my personal Estate. To my cousin Mrs. (Mary) Carter wife of Mr. John Carter of Coventry solicitor the sume of three hundred pounds and in case of her death before the receipt thereof I give the same to my godson Alfred Carter son of my said cousin Mrs Carter and in case of his death before his receipt thereof leaving lawfull issue I give such three hundred pounds to his issue equally if more than one, and if only one the whole to such only child and shall he leave no issue I Direct that such three hundred pounds shall sink into the residue of my personal Estate and go therewith.
To the said William Newton five hundred pounds for his own use and benifit.To the said Robert Brumoy? ten guineas and To the said William Newton the life? sum of Ten guineas . I also give to one George Sander of Birminghsm Linen Draper a handsome mourning ring. AND as to the residue of all my propery whatsoever I Direct that same be placed out at interest either in the parish funds or upon mortgage of freehold or leasehold property in the names of the said Robert Brumoy? and William Newton or the survivor of them his executors administrators or assigns or they or he shall be at liberty to purchase any freeholds or leasehold property therewith in their names or in the name of the survivor of them or in the names or name of the heirs or assigns of such suvivor as to the freehold and of the executors administrators or assigns as to the leasehold the interest and produce of which in case of the same
being contained or placed out at interest and the rents and profits of any purchase in case of the same being paid out in the purchase of freehold or leasehold property shall be paid as follows:- that is to say
I Direct the whole of such annual product to be paid to my said intended wife in case I should not leave any child or children by live or dead in due timeafore my decease or in case I shall leave any such child or children and all such shall happen to be under the age of twenty one years without possesing lawfull issue to and for her own use and benifit
######## ##### ###### #######for and during the term of her natural life out in case I should leave any child or children of my said intended marriage then I direct that whole of the said annual produce dividends interest or rents of my said property to be paid to my said wife for and during the term of her natural life , if she shall or may remaining my Widow, subject to the power hereinafter contained for raising the sum of five hundred pounds to be paid to each of the children as may happen to have, she my intended wife live out maintaining clothing and educating any child or children I may happen to survive untill he she or they shall severally attain their ages of twenty one years and as often as any I direct my said trustees or the survivor of them to raise and pay to such son out of my said property the sum of five hundred pounds and as soon after as my child being a daughter shall attain the age of twenty one years or be married with the consent of my said trustees for the time being so and shall raise and pay to such daughter out of my said property the life sum of five hundred pounds and from and after the decease or marriage of my said intended wife which shall first happen
I Direct the said residue of all my said prpoperty to be devided amongst any children I may happen to have equally if more than one as tennants in common and if only one to such only child at their,his or her not of twenty one years and in the mean time that they my said trustees or the survivor of them his executor administrators or assigns do and shall pay and applysuch part as they or he shall think proper of the annual proceeds of my propert in the maintainance clothing and educating of my said child or children untill he she or they shall respectively attain their said age of twenty one years provided always and it is my will and I do hereby direct that in case any child or children of me shall depart this life before he she orthey shall become entitled to any property under this my will without lawfull issue him her or them surviving such issue shall take?his her or their parents share oney? equally if more than one and if only one such only child shall take the whole and in the case I shall depart this life without leaving any child or children by my said intended wife or in case all such children shall happen to die before he she or they shall attain thier respective ages of twenty one years without leaving lawfull issue then or the decease of my said intended wife I do devise and bequeath the whole residue of my said property the interest dividends and proceeds of which is above given to my ssaid intended wife for life to my said relations:- Elizabeth Millward, Mrs Thomas Gilbert, Thomas Morley Gilbert, Henry Gilbert, Elizabeth Gilbert, Sussanna Gilbert, Caroline Gilbert, Jane Gilbert, John Gilbert, George Gilbert, Richard Gilbert, Mrs Mary Carter, my said friend John Billers? and the Said William Newton equally share and share alike, as tennants in common and not as joint tennants provived always and my Will further is that in case my said trustees or the survivor or their his hiers executors administators or asigns shall purchase any freehold or leasehold
sheet 4property pursuant to the power hearby given, they shall alaso have the liberty of conveying the same again and of purchasing other property of the like and with fee that money to arise thereforeto and repeat this same as often as they or the survivor of his hiers executors administators or assigns shall think proper so as they endeavour to benifit my estate thereby as such as shall be in their power to as the property to be from time to time purchased and to borrow decreed? in them be applied to the same? upos? as I have above directed the residue of my property to be applied to And it is my Will that the purchaser or purchasers of any property to be sold by my said trustees under this this my will shall not be answerable or accountable for the application of the purchase money or any part thereof but that the reciept or reciepts of my said trustees or the survivor of them his hiers ececutors administrators or assigns shall be a sufficient discharge for the same and in case any of my freehold or leasehold property being undisposed of at the time I have deceased the residue of my property to be divided . I give further power to my said trustees and to the survivor of them his hiers executors administrators or assigns , either to divide the same as fairly and equally as they can agreeably to the direction by me hereby given or to xxx the same in xx before directed and them divide the clear? money to arise therefrom in mannor hereinbefore maintained.
I likewise direct that every thing any female shall take or borrow? entitled to under this my Will shall be taken held and enjoyed by her to and for her own sole and separate use free from the debts to power? or outcome? of any husband she may happen to have and that her reciept alone shall be a good and sufficient discharge for this same.
It is likewise my Will that said trustees and the survivors of them his executors administrators and asigns shall leave this usual power? of ralling in and again placing out at interest all or any part of my personal Estate as often as they shall nesessary and also that they shall have the liberty of placing out at interest in such way as they shall think proper the share of any minor who shall take any thing under this my Will untill he or she shall attain the age of twenty one years and of applying the interest or any sum of money not accrueing and half of the principle if nesessary in their his or her maintainence and education or in the placing of them him or her out in the world and -
I appoint my said friends Robert Brundy? and William Newton executors of this my WILL hereby revoking all other WILLs by me made and declaring this to be my last Will and I Direct that neither of my said executors and trustees nor their or either of their hiers executors admons or assigns shall be answerable or accountable the acts for the other of them or for his acts deeds or befaults of the other or others of them in codat? shall be done respecting this my WILL or said property or any part thereof but that each shall be answerable and accountable for his own acts deeds and defaults only nor shall either of them be answerable or accountable for any loss or damage to arise in or to my said property or any part thereof the same not happening from willfull misconduct or negligence? also that they shall respectively bear liberty to pay and reimburse themselves out of my property all reasonable charges damages and expences they or either of them shall pay sustain or be put unto in the execution of the Trusts hereby in them reposed or resides.?
I the said testator Thomas Henry Goodwin have to this my last WILL and Testiment contained in several sheets of paper set my hand and seal to this last sheet this Eighth Day of July One Thousand Eight Hundred and Twenty Three :-
Thos. Henry Goodwin ~ ~
Signed sealed and published declared by the said testator Thomas henry Goodwin as and for his last Will and Testiment in the presence of us here at his bequest in his presence and in the presence of each other have subscribed our names as witnesses hereto;- Thomas Tyndall, John Railins Att. At Law & Thos Colmore their Clerk.
Proved at London 20th May 1824 before the Judge by the oath of William Newton one of the Executors to whom admon was Granted having been first sworn by Commission duly to admin power reserved of making the life grant to Robert Brumoy Esq the other Executor
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Updated 16th August2019