Transcript:Will of William Ward 1842

A transcription of his will:

This is the last Will and Testament of Mr William Ward the Elder of Bromsgrove in the County of Worcester Gentleman. First I will and direct that all my just debts, funeral and testamentary expenses and the costs of proving this my will shall be fully paid and satisfied by and out of such real and personal estate as I have hereinafter given and bequeathed upon Trust for that purpose but in case the same shall be insufficient for that purpose then I charge all the deficiency upon my other real estate. I give appoint and devise unto my dear wife Ann Ward all that my messuage or dwelling house with the Buildings land and all other the appurtenances thereto belonging situate on or near Upper Catshill in the Parish of Bromsgrove aforesaid now in the occupation of Philip Gittus. Also all those my two Malthouses with the Stables and Salt Warehouse situate at or near Owlards Lane in Bromsgrove aforesaid now in the several occupations of Mr Thomas Haines and the British Alkali Company also all those my three messuages or dwelling houses situate in High Street in Bromsgrove on the West side of the said Street and now in the several occupations of Mr Kimberley, Mr Price and Mrs Swift together with all and singular the rights members and appurtenances thereto belonging To hold the same unto my said wife Ann Ward and her assigns during her natural life and from and after her decease I give and devise the said messuage or dwelling house with the buildings lands and other appurtenances thereto belonging now in the occupation of the said Philip Gittus unto and to the use of my Grandson William Ward (son of my daughter Sarah Ward) and to his heir and assigns for ever and from and after the decease of my said wife I give and devise the said two malthouses stables and Salt warehouse in the several occupations of the said Thomas Haines and the British Alkali Company with the appurtenances unto and for the benefit of my dear daughter Emma Ward and her issue and otherwise as hereinafter mentioned and from and after the decease of my said wife I give and devise all those the said three messuages or dwelling houses situate in the High Street in Bromsgrove aforesaid in the several occupations of Mr Kimberley Mr Price and Mrs Swift with the appurtenances unto my dear Grand daughter Hannah Ward (daughter of my daughter Mary Ward) and to her heirs and assigns for ever I also give and bequeath unto my said wife Ann Ward absolutely all my Wines Ale Beer and Spirits together with my Library of Books and such Articles of Linen and Plate as were her own previous to our marriage and if my said wife should wish to live separately from my daughters Ann and Emma then I also give to her my said wife such parts of my household goods and furniture and other effects of a like nature as my trustees and executors for the time being shall think sufficient to furnish one of the houses which I have hereinbefore given to my said wife for her life. I also give to my old and faithful Servant Thomas Parker nineteen guineas. I give and devise unto my friends William Taylor of Buriott in the Parish of Bromsgrove aforesaid Gentleman, John Penn of Cofton Hall in the said County of Worcester Gentleman, and William Perkins of Bromsgrove aforesaid Nailfactor all that my messuage or dwelling house with the outbuildings several pieces or parcels of land and other appurtenances thereto belonging situate near to Mayfield in the Parish of Bromsgrove in the said County of Worcester now in the occupation of Richard Gittus to hold them the said William Taylor John Penn and William Perkins and their heirs during the natural life of my dear daughter Sarah Ward upon trust during such the natural life of my said daughter Sarah Ward to pay the rents and profits of the same messuage or dwelling house outbuildings and land with the appurtenances to such person or persons as my said daughter whether she shall be covert or sole and notwithstanding any coverture shall by writing under her own hand from time to time when and as the same shall become due but not by way of assignment charge or other anticipation thereof direct or appoint and in default of such direction or appointment then into her own proper hands for her own sole and separate use independent of and free from the debts control or engagements of any husband and the receipts alone of my said daughter whether she shall be sole or covert shall be good and sufficient discharges for such rents and profits and from and after the decease of my said daughter then I give appoint and devise all and singular the same messuage or dwelling house outbuildings and land with the appurtenances unto and to the use of my said Grandson William Ward (son of the said Sarah Ward) and to his heirs and assigns for ever I give appoint and devise unto the said William Taylor John Penn and William Perkins all those my several messuages tenements or dwelling houses with the Curriers Shop Gardens and all other the appurtenances thereto respectively belonging situate in the Borough of Kidderminster in the said County of Worcester heretofore belonging to my Brother Joseph Ward deceased and purchased by me from the devisees in trust under his will to hold unto and to the use of them the said William Taylor John Penn and William Perkins and their heirs subject nevertheless to the annuity charged upon the same premises by the will of my said brother to his Widow for her life and with which or with an annuity of a like amount in lieu thereof I also charge the same premises payable to the widow of my said Brother for her life as in such will mentioned upon Trust during the natural life of my said dear daughter Mary Ward to pay the rents and profits of the same several messuages tenements or dwellinghouses and other hereditaments to such person or persons as my said daughter Mary Ward whether she shall be covert or sole and notwithstanding any coverture shall by writing under her hand from time to time when and as the same shall become due but not by way of assignment charge or other anticipation thereof direct or appoint and in default of such direction or appointment then into her own proper hands for her own sole and separate use independently of and free from the debts control or engagements of any husband and the receipt(?) alone of my said daughter whether she shall be sole or covert shall be good and sufficient discharges for such rents and profits and from and after the decease of my said daughter then in trust for and I give and appoint and devise the same last mentioned messuages or dwelling houses and other hereditaments with the appurtenances unto such children of my said daughter Mary living at her death and with issue then living of her children then deceased [...] before or after her decease shall attain the age of twenty one years in fee simple to take if more than one as tenants in common according to the stocks and not the number of the individuals and if there shall be no such child or issue then I give appoint and devise the same last mentioned messuages dwellinghouses and other hereditaments unto such person or persons for such estate and estates and in such manner and form in all respects as my said daughter Mary notwithstanding her coverture and whether she shall be sole or covert shall be any deed or deeds instrument or instruments in writing with or without power of revocation or by her last will and Testament or any Codicil or Codicils thereto from time to time direct limit or appoint I give appoint and devise unto my dear Son William Ward all those my eight messuages tenements or dwellinghouses with the Gardens and other appurtenances thereto belonging or situate in a Row of houses called the New Buildings in Bromsgrove aforesaid also the land now used as Garden Ground behind the same houses or some of them with the appurtenances also all those five messuages tenements or dwelling houses situate at the Mount Pleasant near to the Town and in the Parish of Bromsgrove aforesaid with the Gardens and other appurtenances thereto respectively belonging (subject to an annuity of Ten pounds per annum to my said wife for her life which I give to her and with which I charge the said last mentioned hereditaments) To Hold the same subject as aforesaid unto my said Son William Ward for his natural life without impeachment of waste and on the determination of that estate in his life time I give and devise the same unto the said William Taylor John Penn and William Perkins their executors and administrators during his natural life upon trust to preserve the contingent remainders hereinafter limited but to permit him to receive the rents and profits during his life and on his decease I give appoint and devise the same unto such children of my said son William living at his death and such issue then living of his children then deceased or either before or after his decease shall attain the age of twenty one years in fee simple to take if more than one as tenants in common according to the stocks and not to the number of the individuals and if there shall be no such child or issue then as to the said five messuages tenements or dwelling houses with the Gardens and other appurtenances thereto belonging situate at Mount Pleasant aforesaid unto my dear daughters Ann Ward and Emma Ward equally share and share alike as tenants in common in fee simple and as to the said eight messauges tenements or dwelling houses situate at the New Buildings aforesaid with the Gardens and other appurtenances thereto belonging and the said land at the back thereof now used as Garden Ground aforesaid I give appoint and devise the same unto the said Willliam Taylor John Penn and William Perkins their heirs and assigns upon Trust that they or the survivors or survivor of them then or his heir or assigns do and shall absolutely sell and dispose of the same either by public auction or by private contract or by both or those means for such sum or sums of money as to them or him shall appear a fair and reasonable price or prices for the same and do and shall convey and assure the same unto the purchaser or purchasers thereof or as he she or they shall direct and after payment of the costs and charges or and attending such sale or sales do and shall pay and divide the net proceeds arising therefrom unto and equally between such of my children as shall be living at such decease of my said son William without such issue as aforesaid I give appoint and devise unto and to the use of the said William Taylor John Penn and William Perkins and their heirs all those my three messuages tenements or dwellinghouses situate in the Strand in Bromsgrove aforesaid with the Gardens and other appurtenances thereto belonging now in the several occupations of Mr Warner Charles Gwynnett and Cole also all those four several pieces or parcels of land and Garden Ground adjoining or near adjoining thereto and containing together six acres or thereabouts (be the same more or less) together with the Stable and Gighouse and all other rights members and appurtenances thereto belonging (subject nevertheless to and charged with an annuity of ten pounds per annum to my said wife for her life which I give to her and with which I charge the same accordingly) upon trust during the natural life of my dear daughter Ann Ward to pay the rents and profits of the same last mentioned hereditaments to such person or persons as my said daughter Ann whether she shall be covert or sole and notwithstanding any coverture shall by any writing under her hand from time to time when and as the same shall become due but not by way of assignment charge or other anticipation thereof direct or appoint and in default of such direction or appointment then into her own proper hands for her own sole and separate use independently of and free from the debts control or engagements of any husband and the receipts alone of my said daughter Ann whether she shall be covert or sole and notwithstanding any coverture to be good and sufficient discharges for such rents and profits and after the decease of my said daughter Then upon Trust for and I give appoint and devise the same last mentioned messuages lands and other hereditaments with the appurtenances unto such children on my said daughter Ann living at her death and such issue then living of her children then deceased as either before or after her decease shall attain the age of twenty one years in fee simple to take if more than one as tenants in common according to the stocks and not to the number of the individuals and if there shall be no such child or issue then upon trust for and I give and devise the same unto my said dear daughter Emma Ward in fee simple I give appoint and devise unto and to the use of the said William Taylor John Penn and William Perkins and their heirs all that my messuage or dwelling house with the Barn and other outbuildings garden and other appurtenances thereto belonging situate in the High Street in Bromsgrove aforesaid now in my own occupation also all that messuage or dwelling house adjoining now in the occupation of John Bing also (subject to the estate for life hereinbefore devised to my said wife therein) all those two Malthouses with the Stables and Salt Warehouse near to the said last mentioned premises now in the several occupations of the said Thomas Haines and the British Alkali Company also all two pieces or parcels of land near to a piece of land called the [M...] near Bromsgrove aforesaid now in the occupations of Kimberley and Beresford also all that messuage or dwelling house with the Gardens land and other appurtenances and also the two messuages or dwelling houses lately erected and built by me on part of the said land all which said last mentioned premises are situate near to Sidemoor in the said parish of Bromsgrove and formerly belonged to John Allen together with all and singular the rights members and appurtenances to the same premises belonging (subject nevertheless to and charged with an annuity of ten pounds per annum which I give to my said wife for her life and with which I charge the same accordingly) upon trust during the natural life of my said dear daughter Emma Ward to pay the rents and profits of these same last mentioned hereditaments to such person or persons as my said daughter Emma whether she shall be covert or sole and notwithstanding any coverture shall by any writing under her own hand from time to time when and as the same shall become due but not by way of assignment, charge, or other anticipation thereof direct or appoint and in default of such direction or appointment then unto her own proper hands for her own sole and separate use and benefit independently of and free from the debts control or engagements of any husband and the receipts alone of my said daughter Emma whether she shall be covert or sole and notwithstanding any coverture to be sufficient discharged for the same rents and profits and after the decease of my said daughter Then upon Trust for and I give appoint and devise the same last mentioned hereditaments with the appurtenances unto such children of my said daughter Emma living at her decease and such issue then living, of her children then deceased as either before or after her decease shall attain the age of twenty one years in fee simple to take if more than one as tenants in common according to the stocks and not to the number of the individuals and if there shall be no such child or issue then upon trust for and I give appoint and devise the same last mentioned hereditaments with the appurtenances unto my said daughter Ann Ward in fee simple I direct the said several annuities hereinbefore given to my said wife to be paid half yearly (namely) on the twenty fourth day of June and the twenty fifth day of December in each year the first half yearly payment to commence on such of those days as shall happen after the expiration of three months after my decease and I give to my said wife the same powers of entry distress and sale upon the several hereditaments respectively charged therewith for the recovery of the said several annuities as landlords have or may have for the recovery of rents in arrear I give and devise unto Luke Minshall of Bromsgrove aforesaid Gentleman and to his heirs executors and administrators all estates lands and hereditaments vested on which at my decease may be vested in me on any trusts or by way of mortgage in fee but upon for and subject to the same trusts and equities upon for and subject to which I do or may hereafter hold the same and the money secured on any such mortgages and due to me in my own right to be considered as part of my personal estate I declare that the provision made by me for my several children by this my will is by me intended and shall be by them accepted in full satisfaction and discharge of all their and each of their claim and demand either at law or in equity upon me and upon the other executor under the last will and Testament of my late son Thomas Ward or either of us or upon the estate of the said Thomas Ward I give and bequeath all my household goods and furniture plate linen china and all other articles and things of a like nature or which may be used by or belong to me at my decease and being in upon and about the house and premises which I now do or then may occupy unto my said daughters Ann Ward and Emma Ward equally as tenant in common and I appoint the said William Taylor John Penn and William Perkins Executors of this my will I give appoint and devise unto the said William Taylor John Penn and William Perkins their heirs executors administrators and assigns all those my twenty three messuages tenements or dwelling houses situate at a place called Oakam Bay in Bromsgrove aforesaid with the Gardens and other appurtenances thereto belonging all those four messuages or dwelling houses adjoining or near adjoining each other situate in the Strand in Bromsgrove aforesaid now in the occupations of Richard Manning William Manning and others also all those four other messuages or dwelling houses situate in the Strand in Bromsgrove aforesaid with the appurtenances now in the several occupations of Widow Sanford and William Perkes also all those six several messuages tenements or dwelling houses adjoining or near adjoining each other situate at Catshill in the Parish of Bromsgrove aforesaid with the Gardens and appurtenances thereto belonging in the several occupations of James Chandler Charles Yeates and others and all and every (if any) other the messuages tenements or dwelling houses lands hereditaments and other the real estate (not hereinbefore devised) of or belonging to me or which may belong to me at my decease and of which I have power to dispose by this my will with their and every of their appurtenances Also all the rest and residue of my personal estate and effects whatsoever and wheresoever To hold unto and to the use of the said William Taylor John Penn and William Perkins their heirs executors administrators and assigns according to the respective natures and legal qualities of the same estates and premises respectively upon Trust that they the said William Taylor John Penn and William Perkins or the survivors or survivor of them or his hers their or his executors administrators or assigns do and shall when and as soon after my decease as they or he shall think proper absolutely sell and dispose of and collect and not in (?) all and singular the said last mentioned messuages or dwelling houses and other real and personal estate either by public auction or by private contract in such lots parcels and manner in all respects as to them or him shall appear proper with liberty to buy in all or any of the same hereditaments and premises respectively at any auction and to consent to the abandonment of or to any variation in any contract or contracts and to resell in manner aforesaid all or any of the hereditaments and premises so bought in or comprised in any contract or contracts so abandoned without being liable for any expense loss or diminution in price by or in consequence of such buying in abandonment variation or resale and do and shall convey assign and assure the hereditaments and premises respectively so sold unto the purchaser or purchasers thereof or as he she or they shall direct and I direct that the monies arising from such sale or sales and from the rents and profits of the said last mentioned hereditaments devised upon trust for sale as aforesaid until such sale or sales shall go and be held and applied by my trustees or trustee for the time being as follows (namely) In Trust in the first place to pay and discharge all my just debts funeral expenses and the costs of proving and carrying into effect the trusts of this my Will or in relation thereto and after full payment thereof then as to the surplus of such last mentioned monies (if any) In Trust for and I give and bequeath the same unto my said two daughters Ann Ward and Emma Ward equally to be divided between them as tenants in common and my will is and I do hereby direct that the receipt or receipts in writing of the trustees or trustee for the time being of this my will shall be a sufficient and effectual discharge and discharges for the monies which shall be paid to them or him or which may come to their or his hands in the execution of the trusts of this my will or for so much thereof as in such receipt or receipts shall be acknowledged to be or to have been received and that all and every person and persons paying any such sum and sums of money and taking such receipt or receipts for the same shall be absolutely acquitted and discharged thereby and shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or be in anywise obliged or concerned to see to the application of or to the necessity of raising the money in such receipt or receipts acknowledged to be received or any part thereof and it is my will that my trustees for the time being and executors and every of them and their several and respective heirs executors administrators and assigns shall be severally charged and chargeable only for such monies do they shall actually respectively receive by virtue of the trusts hereby in them reposed although they or any of them may give or sign or join in giving or signing any receipt or receipts for the sake of conformity and that each of them shall be answerable only for himself and his own acts and that none of them shall be answerable for any Banker Broker or other person with whom or in whose hands any part of the trust monies to arise under this my will shall or may be deposited or happen to come not for any other loss misfortune or damage in the execution of the trusts of this my will or in relation thereto unless the same shall happen by or through his or their own willful default respectively and that it shall be lawful for my executors and trustees or trustee for the time being and every of them to retain to and reimburse themselves and to allow to each other by or out of the trust estates funds and premises comprised in or to arise under this my will all costs charges and expenses which they or any of them shall or may suffer disburse or incur in or about the execution of the trusts or this my will or in relation thereto Provided always and I do hereby declare that if my trustees hereby appointed or either of them or any future trustee or trustees or trustee as hereinafter mentioned shall die or shall go to reside beyond the Seas or shall be desirous of being discharged from or decline or become incapable to act in the several trusts hereby in them reposed respectively before the said trusts shall be fully performed then and in every such case and so often as the same shall or may happen it shall and may be lawful to and for the surviving or continuing trustees or trustee or if all the trustees for the time being shall be then dead then for the executors or administrators of the last surviving trustee by any writing or writings under his or their hand and seal or hands and seals from time to time to nominate substitute and appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying going to reside beyond the Seas or being desirous of being discharged from or declining or becoming incapable to act as aforesaid and thereupon all the trust estates and premises so comprized in or arising under the trusts of this my will and the purposes whereof shall then remain unsatisfied shall with all convenient speed be conveyed assigned and transferred respectively so and in such manner that the same shall and may be legally and effectually vested in the surviving or continuing trustees or trustee and such new or other trustee or trustees or if there shall be no continuing trustees or trustee then in such new trustees or trustee only To the same uses upon the same trusts and with the same powers and authorities as shall or may be then subsisting or capable of taking effect Provided further and I do hereby declare that it shall be lawful for my trustees or trustee for the time being to adjust and allow the amounts of any trustee or trustees who shall die or shall go to reside beyond the seas or who shall be desirous of being discharged from or shall decline or become incapable to act in the said trusts and in whose place or stead a new trustee or trustees shall be appointed and also to receive and give discharges for the monies which shall happen to be the balance of the same amounts without the person or persons paying the same monies being obliged to see to the application thereof and without his or their being answerable for the misapplication or nonapplication thereof and Lastly I hereby revoke and make void all former and other wills codicils and testamentary dispostitions by me heretofore made and do declare this only to be my true last will and Testament In witness whereof I the said William Ward the Testator have to this my will contained on eleven sheets of paper set my hand to each of the first ten sheets and my hand and seal to this eleventh and last sheet thereof and published the same this eighteenth day of August One thousand eight hundred and forty one Wm Ward__ * __ Signed sealed published and declared by the said William Ward the Testator as and for his last will and Testament in the presence of us (present at the same time) who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses (the several erasures and obliterations and interlineations having been first made and observed by us. JW Vaughan----- John Pearce Clerks to Messrs Vernon & Minshall Solicitors Bromsgrove

This is a Codicil to the last Will and Testament of me William Ward the Elder of Bromsgrove in the County of Worcester Gentleman whereas my dear wife Ann Ward under the last Will and Testament of her former husband John Squire Toront deceased is entitled to a Legacy of two hundred pounds which was given to her said former husband by the will of Mrs Giller Now I hereby give and bequeath to my said wife absolutely the said sum of two hundred pounds and all my estate and interest therein and I declare that the provision made by my said will and by this Codicil for my said wife is by me intended and shall be by her accepted in lieu and full satisfaction of all dower and thirds which she would otherwise be entitled to out of my estate or effect or any part thereof and in all other respects I ratify and confirm my said will In Witness whereof I have hereto set my hand and seal and published the same the eighth day of December One thousand eight hundred and forty one –Wm Ward ---** --- Signed Sealed published and declared by the said William Ward as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other (both being present at the same time) have hereto subscribed our names as witnesses.. Sarah Swift-----Thomas Edwards

(The will was proved at London, 18 August 1842.)