Can anyone transcribe a will please?

[Margaret in Burton]

Please can someone help me. I am absolutely useless at the writing on these things.

[samesizedfeet]

I can give it a bash for half hour or so befor ei Go to bed

I'll PM you my email

[Margaret in Burton]

I can give it a bash for half hour or so befor ei Go to bed

I'll PM you my email

Cheers Zoe

I have emailed it to you

Many thanks

[samesizedfeet]

Cheers

Hope it's not 28 pages long though as once I get started I normally have to finish and I really DO have to be asleep by 11pm

[Margaret in Burton]

Cheers

Hope it's not 28 pages long though as once I get started I normally have to finish and I really DO have to be asleep by 11pm

LOL

No its only 3 pages

[samesizedfeet]

Theres still a codocil to do but I have to go to bed now

This is the last Will and Testament of me George Wells of CHipping Norton in the county of Oxford Gentleman
First I direct the payment of all my just debts then I give and bequeath unto my dear wife Sarah Wells the legacy or sum of fifty pounds to be paid within one month after my decease also I give and bequeath to my said wife during her widowhood one annuity or clear yearly sum of forty pounds the same to be paid half yearly clear of all deductions whatsoever the first payment thereof to be made at the expiration of six calendar months next after my decease
And I do hereby charge and make chargeable all my real and the residue of my personal estate with the payment of the said annuity in case my real estate shall not be sold in manner hereinafter mentioned and with powers of dis???ing for the same on my real estate in case of nonpayment I give devise direct limit and appoint unto John Matthews of Chipping Norton aforesaid Grocer and Richard Coling of the same place Draper All that my messuage or tenement with the Close Garden and appurtenances thereunto belonging situate and being on Chipping Norton aforesaid and now in my own occupation and all other my real estate whatsoever and wheresoever to hold the same with the appurtenances unto and to the use of the said JOhn Matthews and Richard Coling their heirs and assigns upon trust in the first place in case my said daughters shall be desirous of occupying the said premises to permit and suffer them so to do upon condition of their paying the before mentioned annuity of forty pounds to my wife during her widowhood but if my said daughters shall on my decease decline to occupy the said premises then upon trust that the said JOhn Matthews and Richard Coling or the survivor of them or the heirs or assigns of such survivor do and shall as soon as conveniently may be afterwards absolutely sell and dispose of and convey all and singular the said messuages or tenement hereditaments and all other my real estate whatsoever either by public auction or private contract unto any person or persons who shall be willing to become the purchaser or purchasers thereof for the best price that shall be reasonably obtained for the same and upon payment of the money arising by such sale or sales to sign and give proper receipt and receipts for the monies for which the same shall be sold which receipt or receipts ??? declare shall be sufficient and absolute discharge to any purchaser or purchasers for so much of the purchase money as shall be therein acknowledged to be received and that such purchaser or purchasers shall not in anywise be obliged to see or attend to the application of such purchase money or be answerable or accountable for any loss missapplications or nonapplication thereof

As to all my household goods furniture linen and plate (except such part as my daughter shall wish to retain for their own use and benefit) monies securities for money personal estate and effects of what nature kind or sort the same may be or consist of at the time of my decease I give and bequeath the same unto the said John Matthews and Richard Coling their executors and administrators upon trust that they or the survivor of them do and shall as soon as they shall see fit sell and convert into money all such part as shall not consist of money or securities for money and call in and receive all such part thereof as shall consist of money and my will is and I do hereby declare that the said John Matthews and Richard Coling or the survivor of them do and shall out of the monies which shall be made by any such sale or sales of my said real and personal estate as aforesaid buy out and invest so much thereof in the public stocks and funds of Great Britain or upon other good and sufficient security or interest as will realise from the annual proceeds of the same clear sum of forty pounds which I direct shall be paid to my said wife during her widowhood in lieu of the annuity of forty pounds before directed to be paid to my said wife and charged upon my said house and real estate as aforesaid it being my desire that the said annuity shall only be a charge upon my real estate till the same shall be sold and disposed of and not longer
Whereas my said son in law William Bird is indebted to me in the sum of two hundred pounds now I do hereby give and bequeath the said two hundred pounds so due and owing to me as aforesaid unto my grandson George Wells Bird on his attaining the age of twenty one years but should he depart this life before that period without leaving lawful issue I direct the said sum of two hundred pounds ti fall unto and become part of my residuary estate
I direct that the said William Bird shall be permitted to retain the said two hundred pounds in his hands til my grandson shall attain twenty one years upon condition that he pay interest for the same in the meantime unto my residuary legatees hereinafter named
In case my messuage and real estate shall not be sold according to the directions herein before given but the same shall be retained by my daughters I do hereby charge and make chargeable my said messuages and real estate with the payment of the said annuity of forty pounds
And after payment and satisfaction of my debts I direct my said trustees or the survivor of them to pay and equally divide all the monies arising from my real and personal estate unto and amongst my two daughters Sarah Bird widow and Elizabeth Wells share and share alike
And I do hereby appoint my said two daughters residuary legatees of this my Will
In case my said messuage or tenement and real estate should no have been sold or disposed of before my youngest daughter shall attain the age of twenty one years according to the power hereinbefore given then I do hereby give and devise the said messuage or tenement and all other my real estate unto my said two daughters Sarah Bird and Elizabeth Wells their heirs and assigns as tenants in common and not as joint tenants subject nevertheless in that case to the payment of the before mentioned annuity of forty pounds to my said wife during her widowhood
I also direct that in case messuage and all other my real estate shall not be sold in manner as aforesaid that my personal estate in conjunction with my real estate shall be liable to the payment of the said annuity of forty pounds
If my youngest daughter shall be a minor at the time of my decease I direct my said trustees and executors of the survivor of them to apply the rents dividends and proceeds coming (word could be owing) to my youngest daughter for and towards her maintenance and support till she shall attain her age of twenty one years and also apply any part of her share of the principal money for that purpose in case the rents interest and dividends shall not be sufficient
And I do hereby constitute and appoint the said John Matthews and Richard Coling Executors of this my Will
And lastly I do hereby declare and my will is that the said John Matthews and Richard Coling and the survivor of them shall not be charged or chargeable for more of the said trust monies estate and effects than they respectively shall actually receive by virtue of this my Will
Nor shall they or either of them be answerable or accountable for the ????fficiency or deficiency of any security stock or funds upon which the said trust monies shall be placed out or invested except such loss happen by or through their or his wilful neglect or default
And that the one shall not be answerable or accountable for the other or for the acts deeds or defaults of the other notwithstanding he or either shall ??? in any such receipts for conformity
And also that the said John Matthews and Richard Coling respectively shall out of the monies which shall come to his or their hands retain and reimburse themselves all such costs charges and expenses which they respectively shall sustain expend or be put unto in the execution of the trusts hereby in them reposed
I give and bequeath to the said John Matthews and Richard Coling the sum of five pounds each as a filling acknowledgement for any loss of time and trouble they may sustain in the execution of this my WIll
I declare tha the provision hereby made for my said wife shall be accepted by her in full satisfaction of her claim to dower(??) and ???? out of any real estate of which I have been or now am or shall be seized
In witness whereof I the said George Wells the testator have to this my last Will and Testament contained in four sheets of paper set my hand and seal namely to the first three sheets my hand and to the fourth and last sheet my hand and seal the twenty fourth day of December in the year of our Lord one thousand eight hundred and thirty eight Geo Wells
signed sealed published and declared by the said testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names to each sheet as witnesses
Weston Aplin
Jno Liddiard
John Allsop

[Olde Crone Holden]

I am SOOOOO nosey...what dower was she giving up in exchange for the £40 a year, that's what I want to know!

There's a story behind this....

OC

[Margaret in Burton]

Oh crikey

I don't understand half of it.

Daughter Elizabeth was 16 when George died so she was a minor.

I can't find William Bird on the census nor wife Sarah or George Wells Bird.

Wife Sarah died in 1847.

[Margaret in Burton]

Thank you so much Zoe

OC
What do you mean?

[Anne in Carlisle]

Don't forget 'son in law' does not necessarily mean someone married to his daughter. It often meant step child in those days - although on second thoughts the grandchild is a giveaway - ooops! Just ignore me :o

Anne

Aaaargh - really ignore me - I hadn't read it properly.

[Margaret in Burton]

Don't forget 'son in law' does not necessarily mean someone married to his daughter. It often meant step child in those days - although on second thoughts the grandchild is a giveaway - ooops! Just ignore me :o

Anne

Aaaargh - really ignore me - I hadn't read it properly.

Anne

The trouble is, I thought Sarah was married to a Joseph Quartermaine.

Elizabeth age 29 is on the 1851 census living in his household and named as his sister in law.

HO107; Piece: 1732; Folio: 441; Page: 35

[Merry Monty Montgomery]

I can't find William Bird on the census nor wife Sarah or George Wells Bird.

Would this be the grandson?

Deaths Dec 1852
BIRD George Wells Oxford 3a 328

and the will says Sarah Bird is a widow.

[Merry Monty Montgomery]

and the will says Sarah Bird is a widow.

How is Sarah a widow if William (her husband) is also mentioned in the will as living?

[Margaret in Burton]

Would this be the grandson?

Deaths Dec 1852
BIRD George Wells Oxford 3a 328

and the will says Sarah Bird is a widow.

Thanks Merry

He should still be on the 1851 census though

[Margaret in Burton]

How is Sarah a widow if William (her husband) is also mentioned in the will as living?

Haven't got a clue.

Confusing isn't it?

[Merry Monty Montgomery]

Maybe the word isn't widow on the will?? Margaret, What do you think?

Oh and when you said "wife Sarah died in 1847" I presume you meant Sarah Wells, not Sarah Bird??!)

[Merry Monty Montgomery]

When/where was Sarah Wells/Bird born?

[Anne in Carlisle]

The will was written in 1838. When did the testator die? Obviously William Bird was alive when it was written - he owed the testator money!

Zoe said there was a codicil - maybe when that comes it will become clearer?

Anne

[Merry Monty Montgomery]

The trouble is, I thought Sarah was married to a Joseph Quartermaine.

She was!! After she was Mrs Bird:

Marriages Mar 1841
BIRD Sarah Chipping Norton 16 56 <<<<<<<<<<<<<<<<<<<
BISSELL Sarah Chipping Norton 16 56
BISSELL Sarah Chipping Norton 16 56
BYLES David Chipping Norton 16 56
Clefton Mary Jane Chipping Norton 16 56
Ecles Alfred Chipping Norton 16 56
GIBBS Joseph Chipping Norton 16 56
Hawkins Elizabeth Chipping Norton 16 56
HOLLOWAY Jesse Chipping Norton 16 56
JONES Joshua Chipping Norton 16 56
Lay Harriett Chipping Norton 16 56
Quatermaine Joseph Chipping Norton 16 56 <<<<<<<<<<<<<<<<
Scuse Sarah Chipping Norton 16 56

[Olde Crone Holden]

Margaret

declare tha the provision hereby made for my said wife shall be accepted by her in full satisfaction of her claim to dower(??) and ???? out of any real estate of which I have been or now am or shall be seized

It sounds as if hubby had "appropriated" his wife's dowry and he didn't want to give it back to her. In other words he was telling her that if she demanded the return of her dowry, which she was legally entitled to do, she wasn't going to get her £40 a year.

OC