The Baths of Alltyferin |
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Contents Page The Last Will and Testament of Thomas Birchall of Swansea Birchall Family |
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This is the last Will and Testament of me Thomas Birchall of the Town of Swansea in the County of Glamorgan Grocer I give devise and bequeath all my Freehold Copyhold Leasehold and real Estates whatsoever and wheresoever situate and all my Estate and Interest therein respectively and all the personal Estate and Effects of every description whatsoever of which I may be possessed unto my dear Wife Elizabeth Birchall, Henry Bath the younger of Swansea, aforesaid Merchant, John Crossfield of Liverpool in the County of Lancaster Merchant and William Stroud of Swansea aforesaid Banker their heirs Executors Administrators and Assigns to have and to hold -------- and take the same unto and to the use of my said Dear Wife Elizabeth Birchall, Henry Bath the younger, John Crossfield and William Stroud their heirs Executors Administrators and Assigns according to the different natures tenures and legal qualities thereof respectively but nevertheless upon the trusts and for the purposes hereinafter declared of and remaining the same (that is to say) Upon trust that they my said Trustees Or the survivors or survivor of them or the heirs Executors Administrators or Assigns of such survivor do and shall as soon as conveniently may be after my decease collect call in recover and receive all such parts of my said personal Estate as shall or may consist of -----dy money or money on any securities (except such as my said Trustees or Trustee shall think fit to retain) And do and shall absolutely make sale and dispose of all or any part or parts of my said freehold Copyhold leasehold and real Estates (if my said Trustees or the survivors or survivor of them his or her heirs Executors Administrators or Assigns shall so think fit but not otherwise) And also sell and dispose of such parts of my said personal Estate and Effects as shall not consist of money or securities for money so as to convert the whole of my said real and personal Estate into money and securities for money the said real Estate hereby made salable to be sold at such times in such lots or parcels and for such terms as my said Trustees or the survivors or survivor of them or the heirs Executors Administrators or Assigns of such survivors shall think fit and in reasonable ------ to the monies to be called in as aforesaid or to be procured by such sale or sales of my real and personal Estates my will is that my said Trustees or the survivors or survivor of them or the heirs Executors Administrators or Assigns of such survivor shall by and out of the same in the first place pay and discharge all my just debts funeral and testamentary expenses and the expenses of the trusts of this my will and after payment and satisfaction of such debts and expenses that they my said Trustees or the survivors or survivor of them or the heirs Executors Administrators or Assigns of such survivor do and shall lay out and invest the residue of the said trust monies in the names of them my said Trustees or the survivors or survivor of them his or her heirs Executors Administrators or assigns in Government or good --- security at interest and afterwards at their his or her discretion from time to time to dispose of or call in the monies so to be invested and laid out or any part thereof and to invest and lay out the same upon any other surety or sureties And it is my will that my said Trustees and the survivors and survivor of them his or her heirs Executors Administrators or Assigns do and shall stand and be possessed of the said trust monies and the trust funds and securities respectively in or upon which the same shall be invested laid out or remain as aforesaid and of my said real Estates until the same shall be sold or such parts thereof as shall remain unsold upon the trusts and for the ends intents and purposes hereinafter expressed and declared (that is to say) For trust to pay apply and dispose of the rents dividends and other annual proceeds thereof into the hands of my said Dear Wife Elizabeth or as she shall by note in writing direct for the maintenance and support of herself and the maintenance support --------- and bringing up of all such of my children (namely Henry Bath Birchall Charles Birchall Eliza Birchall Mary Birchall and Ellen Birchall) as shall be living at the time of my death and of any other child or children by my said dear Wife as may be born in due time afterwards and until such of my said children as are or may be sons or a son shall attain shall attain the age of twenty one years and until such of my said children as are or may be Daughters or a Daughter shall attain that age or be married with the consent of my said dear Wife and the receipt or receipts of my said dear Wife to be a good and effectual discharge and discharges for the said rents dividends interest annual income and proceeds and when and as soon as either of my said children shall attain the age of twenty one years (or as to a Daughter shall attain that age or marry with such consent as aforesaid) I will and direct that the whole of my said trust Estates shall be considered as divided into as many shares as will be one in number more that the number of my said children then living ( the extra share being reserved and appropriated to procure an income for my said dear Wife during her life) and that my said Trustees or the survivors or survivor of them his or her heirs executors administrators or assigns do and shall stand and be possessed of and convey assign transfer and pay over one of such shares to each of my said children as they shall respectively attain the age of twenty one years (or being a Daughter shall attain that age or marry with such consent as aforesaid) And do and shall upon the decease of my said Wife stand and be possessed of and convey assign transfer and pay of the share of my said trust Estates so as aforesaid reserved and appropriated to procure an income for her benefit during her life unto and amoungst and between such of my said children as shall be then living share and share alike (if more than one) to and for their his and her absolute use and benefit provided always that if any or either of my said children being a Daughter shall be under the age of twenty one years and without being or having been married (with such consent as aforesaid) or being a Son shall be under the age of twenty one years the share and proportion provided for him or her (other than what may have been paid for the advancement of any such child or children under the power hereinafter retained) shall go and accrue to the survivors or survivor of my said children and shall be equally divided between them ( if more than one) and shall be transferable at such days and times as are hereinbefore directed with respect to the original shares provided also and my will is that notwithstanding the trusts aforesaid it shall and may be lawful for my said Trustees and the survivors and survivor of them and the heirs Executors administrators and assigns of such survivor at any time or times to call in sell and dispose of all or any of the said trust estates ------ funds and securities hereby intended for the share of any of my said children as aforesaid or so much thereof as may be between ----------- and pay and apply the prod--- thereof for placing such child or children in any profession business or employment of for his her or their instruction therein or otherwise for his her or their advancement in the world notwithstanding his her or their share shall not then have become vested or payable And in case all my said children shall be under the age of twenty one years as to Sons and under that age without being or having been married as to Daughters then and in such case the said Trustees and the survivors and survivor of them his or her heirs Executors Administrators and assigns shall stand and be possessed of the said trust Estates or so which thereof as shall not have been applied or disposed of for any of the purposes aforesaid In trust and to and for the use and benefit of such person or persons as will then be the next of kin of me the said Thomas Birchall under and allowing to the statue for the distribution of Intestate estates personal Estate And I do hereby declare my Will to be that the provision hereby devised or given to my said dear Wife as aforesaid shall be ----- and taken by her in lieu and satisfaction of all such Dower thirds and Widows Estate as she shall or may be entitled to of and in all or any of my real Estates of or to which I have been am or shall or may be ---- possessed or entitled or whereto Dower thirds or Widows Estate is -------- [provided always and I declare my Will to be that the receipt and receipts of my said Trustees or the survivors or survivor of their his and her heirs executors and administrators or assigns shall be good and sufficient as a discharge or discharges to all and every the purchaser or purchasers of all or any of my said real and personal Estates and to all any every person and persons whomsoever who shall make any payment or transfer to the said Trustees or Trustee of any sums of sum of money or any ----- funds or securities upon the trusts of this my Will and after such receipt or receipts shall be given such purchaser or purchasers and other persons respectively shall not be obliged to see to the application of the sum or sums of money s---- funds or securities so paid or transferred by him her or them and for which such receipt or receipts shall be given or be answerable or accountable for any misapplication or nonapplication thereof or of any part thereof provided also that if the said trustees or either of them or any Trustee or Trustees to be appointed in their or either of their place as hereinafter mentioned shall die or be desirous to be discharged from the trusts of this my Will or become incapable of acting therein at any time during the nontenure? Of the same trusts it shall be lawful for the surviving or continuing Trustees or Trustee or the heirs Executors or Administrators of the last surviving trustee by any Deed or Deeds writing or writings sealed and delivered in the presence of----- two or more credible witness or witnesses to appoint any person or persons to be a Executor or Trustees in the place or stead of the Trustee or Executor so dying or being desirous to be discharged or becoming incapable as aforesaid and so from time to time as often as there shall be the like occasion to appoint any person or persons to be a new Trustee or Trustees in the place of the present or any future Trustee or Trustees to be so appointed as aforesaid and when and so after as any new Trustee or Trustees shall be so appointed all and every my said trust Estates or ------ Estate and interest therein as shall at the time be vested in the Trustees or Trustee for the time being by virtue of this my Will and upon the trusts thereof shall with all convenient speed be conveyed transferred paid and made over by the said Trustees or Trustee for the time being in such manner that the same may be and become well vested in the new Trustees or Trustee upon and for the trusts and purposes hereby declared ----------- the same and that such new Trustees or Trustee and his her and their heirs Executors Administrators and Assigns shall and may in all things act in the management And execution of the trusts and powers hereby declared and every or any of them as fully and effectually as if he and they had been originally appointed a Trustee or Trustees by this my Will and I declare that my Executors and Trustees and any Trustee to be appointed as aforesaid and their respective heirs Executors Administrators or Assigns shall not be answerable or accountable the one for the other of the or for involuntary losses and that they respectively shall be allowed all their costs charges ---------- and expenses to be --------- by the execution of the trusts in them ---------- or to be --------- by virtue or in pursuance of this my Will And I do hereby constitute and appoint my said dear Wife and the said Henry Bath the younger and William Stroud Executors of this my Will and lastly I do hereby revoke all former and other Wills and Testamentary writings made by me at any time or times heretofore In witness whereof the said Thomas Birchall have to the four preceding sheets set my hand and to this fifth and last sheet of this my Will set my hand and seal this twenty second day of January One thousand eight hundred and twenty nine (1829) /~/Thomas Birchall [SS] /~/ Signed sealed published and declared by the said Thomas Birchall the testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses hereto /~/Henry Bath Gent? Merchant Swansea /~/ Daniel Starbuck Draper Swansea /~/ William Sibbering Grocer Swansea -//- |