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The Will of Joseph Pearson |
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Of
me Joseph
Pearson of Brierley Hill in the parish of Kingswinford in
the County of Stafford, Coal Master, made and published the twelfth day of
February one thousand eight hundred and thirty eight in manner following, that
is to say.
I
give, devise and bequeath unto my Sons Thomas Pearson, John Pearson and William
Pearson All and singular my Real & Personal Estate, Property & Effects
whatsoever, wheresoever & of every nature or kind soever which I shall die
possessed of, or interested in, to hold the said real and personal Estate &
Property with their Appurtenances, unto the said Thomas Pearson, John Pearson
& William Pearson their heirs, exors, admons & assigns according to the
nature and tenure thereof respectively.
Nevertheless,
upon the trusts and for the purposes following, namely, upon trust that they my
said trustees, or the survivors or survivor of them, or their exors, admons or
assigns of such survivor do & shall immediately after my decease cause an
Inventory and valuation to be made of my Household Goods, Furniture and Effects
& do & shall permit my Wife Phebe Pearson to have the use thereof during
her life & immediately after her decease then upon trust to make sale of my
said Household Goods, Furniture and Effects & pay & apply the proceeds
arising therefrom unto & equally between and amongst themselves and all
& every other of my children now living share & share alike.
And
upon further trust that they my said trustees or the survivors, or survivor, or
heirs, exors or admons of such survivor do & shall with all convenient speed
after my decease, absolutely sell & dispose of all such part and parts of my
said Real Estate as shall consist of Land or Buildings, either together or in
parcels and, either by public auction or private contract as they or he shall
think fit and to convey and assure the same when sold unto the purchaser or
purchasers thereof, or as he, she or they shall direct. And to receive the
monies arising from the Sale or Sales thereof & give effectual discharges
for the same, exonerating the purchaser or purchasers thereof from all liability
in respect of the application thereof. And I direct that they money arising from
such sales shall be directed and taken as part of my Overall Personal Estate and
divided and applied as hereinafter directed.
And
whereas I now carry on the Trade or Business of a Coal Master at Wordsley in the
said parish of Kingswinford in partnership with Mr. Richard Parrish and at Holly
Hall in the parish of Dudley with my said Sons Thomas, John & William and
may at the time of my decease continue so to do, as well as other Collieries
either alone or in partnership with some person or persons. Now therefore I
hereby authorise & support the Trustees or Trustee for the time being of
this my will to carry on or join in carrying on such Trade or Business as to
them or him shall seem most beneficial for the parties interested under this my
will. And I expressly direct that my share or proportion of all losses, charges
& expenses of carrying on managing and conducting the said Businesses or in
anyxxx xxxxxx thereto or to carrying the covenants & provisions contained in
any Leases or Grants of the said xxxx fully into effect shall be born and &
paid by my said Trustees or Trustee with & out of the monies which shall
come to their or his hands by virtue of this my will.
And
I give to my said Trustees or Trustee for the time being full power and
authority to enter into such contracts & agreements respecting the said
Business and premises as they or he shall think proper and to increase, abridge
or discontinue the said Business or any part thereof and to make such sales and
dispositions of all or any part or parts of the said Mines, Collieries or
premises as I have power to do & as they or he shall deem expedient,
Together with all or any part or parts of the Stock, Effects & premises now
or hereafter to 69 employees in or connected with the carrying on of the said
Business. And with & out of profits xxxx out of the said Business and also
with and out of all or any of the monies which shall come to their or his hands
by of this my will to make such purchase or purchases of other mines, stock and
effects as they or he the said Trustees or Trustee for the time being shall
think proper and also to adjust and settle all amounts and transactions which I
shall be interested in at the time of my decease and to compromise &
compound any debts owing to me or claimed from me relative to the said Business
& generally to transact all matters & xxxx respecting the said Business
& premises & to so execute or cause to be done and executed all such
acts & deeds relative thereto in such &
the same manner to all effects and purposes as if they or he were absolutely
entitled to or interested in the said Business.
And
I hereby direct my said Trustees or Trustee for the time being to stand
possessed of and to apply the said purchase monies arising from the sale of my
said Land & Buildings as aforesaid & also any sum or sums of money I may
have at any time advanced for & on account of the said Collieries and
Premises in addition to my share or proportion of the Capital necessary for the
carrying on the same, together with my said share of the profits arising and to
be received from the said Mines, Collieries & Premises. And also all &
singular other my monies, securities for money, Goods, Chattels, Personal Estate
& Effects upon the following Trusts.
Namely,
upon Trust in the first place to pay off & discharge all of my debts,
funeral & Testamentary expenses together with the costs and charges incurred
by them in carrying the Trusts herein contained fully into effect.
And
in the next place to pay and allow to my said wife the sum of twenty shillings
weekly & every week during her life for her own use & benefit & her
receipt alone to be the only effectual discharge for the same. And I hereby
declare that such sum shall be in lieu of Dower and that the same shall be paid
to her weekly & that she shall not anticipate, assign or incumber the same.
And
I also direct my Exors to apply the sum of ten shillings & sixpence per week
for the maintenance, education & support of my Son George until he shall
attain the age of twenty one years.
And
also to find and provide my Son David, who is now an apprentice with Mr. Phillip
Williams of Congreaves, with good and sufficient wearing apparel during his said
apprenticeship in compliance with my covenant to that effect contained in his
Indentures.
And
also to pay my Daughter Sarah the sum of five shillings per week, weekly &
every week, provided that she is unmarried at the time of my decease, during so
long a time as she shall remain unmarried and from and immediately after her
marriage then I direct that the payment of such weekly sum shall cease.
I
also give and bequeath unto my Grandson John Pearson Wilcox, Son of Thomas and
Elizabeth Wilcox the legacy or sum of two hundred pounds to be paid to him when
he shall attain the age of twenty four years.
And
after payment & satisfaction or providing for the several sums &
Legacies aforesaid Upon Trust that my said Trustees or Trustee for the time
being do & shall with convenient speed lay and invest the clear residue of
my said Real & Personal Estate property & Effects including the said
purchase monies, rents & profits as and where the same shall be respectively
received, at Interest upon Government or real Securities in England and do &
shall from time to time alter & transfer the same for or into other
securities of the like nature.
And
also do and shall receive the dividends and interest arising from such trust
monies & Securities & from time to time also to invest the same upon
like Government or real Securities and to allow the whole of the said trust
monies, dividends, interest and profits to accumulate & remain undivided
until my said Son George shall attain the age of twenty one years.
And
upon further trust as soon as & when my said Son George shall attain the age
of twenty one years, That they my said Trustees or Trustee for the time being do
& shall divide, pay, apply such clear residue of the said trust monies,
accumulations, securities, property & premises including all the rents and
profits then or thereafter to be derived & received from my said Trade,
Mines and premises unto & equally between for and amongst all and every my
Child & Children now living namely, Thomas, Joanna the wife of Joseph
Whitaker, John, William, Sarah, James, David and George share & share alike
and in case any or either of my said children shall die before my Son George
shall have attained the age of twenty one years, or after he shall have attained
such age, before the whole of the trust money, profits & property hereby
devised & bequeathed to them respectively shall have become payable & be
divided leaving a Child or Children. Then I direct my said Trustees or Trustee
for the time being to pay and apply the share or respective shares or residue
then undivided & unpaid of the share or shares of him, her or them so dying
unto his, her or their Child or Children equally at their respective ages of
twenty one years. Such Child or Children to take the share or shares of their
respective parents xxxx & with full power for them my said Trustees or
Trustee for the time being to advance any portion of the share or shares of my
said Grandchildren or of the interest, dividends & annual produce thereof
for & towards his, her or their maintenance, education & advancement in
the world until they shall attain such age. But in case any or either of my said
children shall die without leaving such Child or Children either before or after
my said Son George shall have attained the said age of twenty one years. Then I
direct my said Trustees or Trustee for the time being to pay and apply the share
or respective shares of him, her or them so dying without any children as well
original as accruing of the trust monies then undivided & unpaid under the
directions & trusts hereinbefore contained, unto & equally amongst the
survivors or survivor of my said Children in manner hereinbefore directed as to
their original share or shares.
And
I appoint the said Thomas Pearson, John Pearson & William Pearson Executors
of this my will, And I do hereby declare that the receipts of the said Thomas
Pearson, John Pearson & William Pearson, or the survivor of them, or the
exors or advisors of such survivor for any sum or sums of money payable to them
or him by virtue of the trusts of this my will shall be effectual discharges for
so much thereof respectively as in such receipts shall be acknowledged to be
recovered and that the persons to whom the same shall be given respectively his,
her or their exors, advisors or assigns shall not afterwards be answerable for
any losses, misapplication or nonapplication or be obliged to see to the
application of the money therein acknowledged to be received or any part thereof
provided always. And I hereby declare that if the Trustees appointed by this my
will or to be appointed under this present provision or any of them or their or
any of their heirs, exors, advisors or assigns shall die or be desirous of being
discharged from, or refuse, or be incapable to act in the Trusts hereby in them
reposed before the same shall be fully executed then and in every such case it
shall be lawful for the said Trustees or the surviving or continuing Trustee
appointed by this my will whether they or he shall accept the trusts thereof or
renounce the same or for the Trustees or Trustee so dying
or desiring to be discharged or becoming unwilling or incapable to act in
the Trusts hereby in them reposed before the same shall be fully executed then
and in every such case it shall be lawful for the said trustees or the surviving
or continuing Trustee appointed by this my will whether they or he shall accept
the Trusts thereof or renounce the same, or for the Trustees, or the surviving,
or continuing Trustee to be appointed under this present provision, or the exors
or advisors of such last surviving or continuing Trustee by any Deed or
Instrument in writing by them duly executed from time to time to appoint any fit
person or persons to be a Trustee or Trustees in the place of the Trustee or
Trustees so dying or desiring to be discharged or becoming unwilling or
incapable to act as aforesaid. And that when & so often as any new Trustee
shall be appointed as aforesaid all the trust Estates, monies & premises or
such of them as shall be subject to the trusts & provisions aforesaid which
shall have vested in such Trustee or Trustees so dying, desiring to be
discharged or becoming unwilling or incapable to act as aforesaid shall be
thereupon with all convenient speed conveyed, assigned & transferred in such
manner as that the same shall be loyally & effectually vested in the person
or persons so to be appointed as aforesaid either solely or jointly with the
surviving or continuing Trustees or Trustee as occasion shall require to the
uses and upon & for the trusts & purposes hereinbefore declared or such
of them as shall be then subsisting and capable of taking effect & the
person or persons so to be appointed as aforesaid shall have & be entitled
to exercise the same powers & authorities as if he or they had been
appointed a Trustee or Trustees of this my will provided always & I do
hereby further declare that the trustees of this my will hereby appointed &
to be appointed as aforesaid and each & every of their heirs exors and
advisors shall be chargeable for such monies only as they respectively shall
actually receive by virtue of the Trusts hereby in them reposed notwithstanding
their or any of their giving or joining in giving any receipt or receipts for
the sake of conformity. And I direct that none of them shall be answerable or
accountable for any Banker or Broker with whom the said trust monies &
premises shall be placed for safe custody or for any default or neglect of the
other or others of them or for involuntary losses, And also that it shall be
lawful for them out of the monies which shall come to their respective hands by
virtue of the trusts aforesaid to retain & reimburse themselves respectively
and also to allow their respective Co-trustees or Co-trustee all costs damages
& expenses which they or any of them shall or may sustain expend or disburse
in or about the execution of the aforesaid trusts or relation therto. In
Witness whereof I the said Joseph Pearson the Testator have to this my last
Will & Testament contained in this & the preceding six sheets of paper
set my hand & seal, that is to say my hand to each of the said six sheets
& my hand and seal to this last sheet the day & year first before
written. Joseph
Pearson
Signed, sealed, published & declared by the above named Joseph
Pearson as & for his last Will & Testament in the presence of us who
have at his request hereunto subscribed our names as witnesses in his presence
& in the presence of each other who first observed the several Erasures
& Interlineations opposite to which the Testators Initials are placed. John
Bolton Solr. Dudley.
Mr
H. Brook his Clerk
This
is a Codicil
to the last Will & Testament of me Joseph
Pearson of Brierley Hill in the parish of
Kingswinford in the County of Stafford. Coal Master.
And
which I desire may be considered as annexed to and taken as part of thereof.
Whereas
I have in my said will given, devised and bequeathed unto my sons Thomas
Pearson, John Pearson & William Pearson All & singular my Real and
Personal Estate, Property & Effects whatsoever, wheresoever & of every
nature or kind soever which I
should die possessed of or interested in, to hold the same unto the said Thomas
Pearson, John Pearson & William Pearson their heirs, exors, advisors &
assigns according to the nature & tenure thereof respectively upon Trust
that they my said Trustees or the survivors or survivor of them or their heirs,
exors or advisors of such survivor should after my decease absolutely sell &
dispose of all such part & parts of said Real Estate as should consist of
Land or Buildings as therein mentioned & after payment & satisfaction or
providing for the several sums & Legacies therein mentioned. I thereby
directed my said Trustees to invest the clear residue of my Real & Pearsonal
Estate Property and Effects including said purchase money, rents & profits
as and when received at interest upon Government or Real Securities in England
and to receive the dividends & interest arising therefrom & invest the
same in like manner & allow the whole thereof to accumulate until my son
George should attain twenty one. And then to divide such clear residue
accumulations, Securities, property & premises unto & equally between
& amongst all & every my child and children living at the date of my
said will, namely Thomas, Joanna the wife of Joseph Whitaker, John, William,
Sarah, James, David & George share and share alike. And whereas since the
date & execution of my said will I have purchased and become possessed of a
certain piece of Copyhold Land at Brockmoor whereon I have lately erected three
Dwellinghouses & Heredits and also of a freehold Messuage or Dwellinghouse
and Hereditaments at Brierley Hill aforesaid
& I am desirous of devising the same respectively to my Sons James
& George in part of their respective shares of the residue of my property as
herinafter mentioned. Now therefore I do hereby give & devise unto my said
son James Pearson all those three Copyhold Messuages or Dwellinghouses heridits
& premises lately erected & built by me upon a piece of Land at
Brockmoor Bank in the said Parish of Kingswinford lately purchased by me of
Thomas Westwood & now in the several occupations of William Jefferies,
Edward Quest & William Fox & which I direct shall be in lieu of the sum
of Three Hundred pounds & shall be deemed & taken in part satisfaction
of his share of the residue of my Real & personal property so given and
bequeathed by my said will as before mentioned. To hold the same Messuages or
Dwellinghouses heredits & premises with the appurts unto my said Son James
Pearson his heirs & assigns for ever according to the custom of the Manor of
Kingswinford. Also I hereby give & devise unto my said Son George Pearson
all that freehold Messuage or Dwellinghouse Heredits & premises situate at
Brierley Hill aforesaid which I lately purchased of
xxxxx xxxxx & now in his occupation as my Tenant & which Heredits
I direct shall be in lieu of the sum of Five Hundred pounds & shall be
deemed & taken as part satisfactionof his share of the residue of my Real
& personal Estate so given & bequeathed to him by my said will as before
mentioned. To hold the same Messuage or Dwellinghouse heredits & premises
with the appurts unto my said Son George his heirs & assigns for ever.
Also
I hereby give and bequeath to my dear Wife Phebe Pearson in addition to the
provision made for her in my said Will the sum of ten shillings a week to be
paid her at the same times & in manner provided for in my said will for the
payment of the weekly sum of twenty shillings thereby given to her.
Also
I hereby give and bequeath to my Grandson John Pearson Wilcox the legacy or sum
of fifty pounds in addition to the legacy left him by my said Will to be paid
him when he shall attain the age of twenty four years.
And
I do hereby ratify and confirm my said Will in every respect except whereby the
same is hereby revoked and altered as aforesaid.
In
Witness whereof
I the said Joseph Pearson have to each sheet of this Codicil the whereof is
written upon two sheets of paper set my hand this thirteenth day of September
one thousand eight hundred & forty. Joseph
Pearson
This
and the preceding sheet of paper were severally signed by the said Joseph
Pearson as and for a Codicil to be annexed to his last Will & Testament and
to be taken as part thereof in the presence of us who at his request in his
presence & in the presence of each other & at the same time have
hereunto subscribed out names as witnesses thereto, Richard
Parrish – Wm. Hunt Junr. Solr. Stourbridge.
Proved
at London with a Codicil 12th. Feby. 1841 before the Judge by the
oaths of Thomas Pearson, John Pearson & William Pearson the Sons, the Exors
& to whom Admon was granted having been first sworn by Commission duly to
admin.
Pearson/Rowley/Parrish/Batham/Gauden
Steve Pearson
PO Box 2483, Dudley, West Midlands, England, DY2 0YH
Tel: +44 (0)1384 571244 E-mail: Steve Pearson
©S Pearson 2002
