The Baths of Alltyferin

Contents Page                              The Last Will and Testament of Henry Bath of Rosehill                   Henry Bath and Son       

This is the last Will and Testament of me Henry Bath of Rose Hill in the Parish of Oystermouth in the County of Glamorgan, Merchant. I give and bequeath unto my dear Wife the use of my household furniture plate linen and china and goods for and during the term of her natural life. And from and immediately after her decease I order and direct that the same shall become part of the residue of my personal Estate. I also give and bequeath unto my said wife all and every the sums and sum of money which shall become payable after my decease from the annuity insured by me in the General Annuity Endowment Association and whereof my said wife is the nominee 1st for her own use and benefit. I give and bequeath unto my sister Jane Lewis the sum of one hundred and fifty pounds and in case of her decease in my lifetime I give and bequeath the same sum unto each of her children as shall be living at my decease in equal shares. And it is my will that the said sum shall be paid to or for the use of said Jane Lewis or her children as the case may be at such times as my trustees hereinafter named shall think proper giving them full discretionary power in that behalf. And whereas by the terms of partnership between my son Henry Bath and myself relating to the Commission Business now carried on under the firm of Henry Bath and son it is my wish and will that the same be carried on according to the terms proclaimed in our copartnership deed. And I give and bequeath my interest in the said Commission Business so far as it can dispose thereof unto my son Henry for his own benefit. I also give and bequeath to my said son Henry the balance of monies to become payable at my decease by virtue of the last of the policies of Insurance for one thousand pounds offered on my own life in the herewith life of the same society which shall remain after deducting the amount of the premium and expenses which shall be found to have been paid in offering the said policy and keeping the same on and up to my decease and I order that the sum to be deducted shall become part of my residuary estate. And in case my said son shall happen to die in my lifetime I bequeath the said balance to his children in the same proportions and subject to the same provisions as are hereinafter mentioned requiring the share of monies to arise from the residue of my Estate hereinafter bequeathed to the said children in the like event and if but one such child then to such only child. I give and bequeath my leasehold? house and premises called Rose Hill situate in the Parish of Oystermouth in the County of Glamorgan unto my said wife and her assigns during her life and from and after her decease I give and bequeath the same unto my daughter Mary her executors administrators and assigns for and during her term of her natural life for her own sole and absolute use and benefit and not subject to the control debt or arrangements of any husband she may intermarry with. And from and after her decease I give and bequeath the same and all the rest and balance of my Estate term and interest herein which may be unexpired at the time of her decease unto all and every the child or children of my said daughter Mary lawfully begotten living at the time of her decease, share and share alike for their absolute use and benefit provided always that in case my said daughter Mary shall happen to die without leaving lawful issue who shall attain the age of twenty one years, then I give and bequeath the said house and premises unto my said son Henry and my daughter Elizabeth in equal shares as tenants in common their executors administrators and assigns. And as to my wharfs and embankments on the side of the River Tawe and now used for the deposit of Copper ores sold in the said Commission Business I give and bequeath the same with the appurtenances unto my said son Henry and my friend William Sibbering of Swansea aforesaid Grocer their executors administrators and assigns for all my term and interest therein upon trust that they my said trustees and the survivor of them and the executors or administrators of such survivor do and shall during the lifetime of my said wife let or use and employ the said wharfs and embankments to the best advantage or in conformity to the before mentioned deed of copartnership and do and shall pay and divide the net yearly proceeds to arise from the same from time to time unto and amoungst my children Henry, Elizabeth, Mary and Edward Paddy or the issue of them or either of them respectively in the same shares with the same benefit of survivorship and subject to the same provisions as are hereinafter declared and appointed concerning the monies to arise from the residue of my Estate provided is ever the less that if the share of the said proceeds which upon such division would in owing to my said daughter Mary shall at anytime during the life of my said wife and so long as she my said daughter Mary shall continue unmarried together with the interest of her presumptive share of monies to arise from the residue of my Estate as hereinafter mentioned be less then the yearly sum of fifty pounds then her share shall be made equal to fifty pounds per annum and the surplus of the said yearly proceeds shall be divided amoungst my other children or their issue respectively as the case may be in manner aforesaid provided also that it shall happen that the annual income to be derived to my said wife from the aforesaid bequests of monies payable from the General Annuity Endowment Association and also the provision hereinafter made shall be less at any time than one hundred and twenty pounds exclusive of the annual value of my said house and premises at Oystermouth, then the deficiency in such income shall be made good so often as the same shall happen from and out of the said net annual proceeds and the surplus of the same shall be subject to the same division and application amoungst my said children or their issue respectively as the whole of such proceeds would have been in case there were no such beneficiary. And from and after the decease of my said wife I direct that the said wharfs and embankments shall be deemed part of my residuary Estate hereinafter mentioned and be disposed of accordingly, my said son Henry being first offered the same at the price or amount of a fair valuation to be made by some indifferent person or persons to be appointed by my said son and my other trustee for the time being. I give and bequeath to my said trustees and trustee the sum of two thousand pounds to be set apart in the first instance out of the monies to arise from my residuary Estate hereinafter mentioned (to be apportioned ?) upon trust as soon as conveniently may be after my decease to invest the same in their or his own names or name in government or real securities in England or Wales and in the first (is?) place with and out of the interest dividends or annual proceeds of the same to pay unto my said wife or her assigns from time to time during her life such sum or sums as may be requisite to make good any deficiency below one hundred and twenty pounds per annum which the monies payable from the General Annuity Endowment Association bequeathed as aforesaid may fall short of supplying. And in the next place to pay and apply the said interest dividends or annual proceeds subject to such first mentioned application from time to time during the life of my said wife and also the said principal sum and sureties after her decease to and amoungst the same persons as shall be entitled to the other monies to arise from the residue of my estate in the same shares and subject to the same provisions as are hereinafter appointed and declared concerning the same. And as to all the rest, residue and remainder of my real and personal Estate goods chattels monies securities for money debts and effects whatsoever I give and bequeath the same unto my said son Henry Bath and the said William Sibbering their heirs executors administrators and assigns according to the several natures and tenures thereof respectively upon trust as soon as conveniently may be after my decease to sell and dispose of such parts of the same as are salable and call in and receive all such debts and sums of money as shall be due and owing to me at my decease and to pay out the monies to arise from such sale and disposal and the monies so to be called in and received in their or his names or name in Government or real securities in England or Wales and subject to such application of the sum of two thousand pounds as aforesaid to stand possessed of the said trust monies and securities upon trust for all and every my said children Henry Elizabeth, Mary and Edward Paddy equally to be divided between or amoungst them the shares of each of my said children as shall have been married to be vested interests immediately upon my decease and to be paid to them their executors administrators or assigns respectively twelve months afterwards and the share or shares of such of my said children as shall not be married at my decease to become vested on the day or respective days of his her or their marriage and be paid not sooner than twelve months after my decease and in the meantime upon trust to pay the interest dividend and annual proceeds of such share or shares until the same shall become vested unto the child or children presumptively entitled to the same and in case any one or more of my said children shall happen to die in my lifetime leaving issue lawfully begotten living at my decease then such issue shall share in the place of such deceased parent in respect of the share whether original or occurring by virtue of the provision next hereinafter proclaimed to which such deceased parent would have been entitled if living in such proportions if more than one as their said parent shall have appointed by deed or will and in case of no such appointment then in equal shares and in case either of my said children shall die before his or her portion shall have become vested under this my will then the presumptive share whether original or accruing of the child or children so dying shall go to and devolve upon the survivors or survivor of my said children and the issue of any child who shall have died in my lifetime leaving issue, such issue to take per ---------- and not per capita in such shares and to vest and be payable at such times as are hereinbefore directed concerning the original shares. And I authorize and empower my said trustees and trustee for the time being with the council of such of the persons for the time being hereinafter interested herein who shall have attained the age of twenty one years to alter and manage the securities on which the whole or any part of my Estate and effects shall be placed all and again(st?) to transpose the same as often as they or he shall think proper. And I do hereby declare that on the death or refusal or inability to all of any or either of them my said trustees or of any trustee or trustees to be appointed as hereinafter mentioned it shall be lawful for the acting trustees or trustee of this my will or the executors or administrators of the last acting trustee to appoint a new trustee or trustees in the place or stead of the trustee or trustees so dying or refusing or becoming incapable to all as aforesaid and thereupon the said trust estate and premises shall be transferred and assured so that the same may vest in such new trustee or trustees jointly with the surviving or remaining trustee or trustees or solely as the case may be.. And his her and their executors administrators and assigns upon the trusts and for the purposes hereinbefore declared and that every such new trustee shall have and may exercise the same powers and authorities as if he had been appointed a trustee by this my will. And that none of the trustees appointed or to be appointed as aforesaid shall be liable to make good any loss that may happen in planning out the trust monies according to the directions of this my will or in transacting any money affairs or otherwise acting in the execution of the trusts hereby created unless such loss shall happen by from or through their any or either of their willful neglect or default nor shall any or either of my said trustees be answerable for the ails or defaults of the other of them and ------ that my said trustees and trustee shall and may pay and reimburse themselves and himself out of the said trust monies and promises all costs charges and expenses which they or either of them may pay bear explain or --------- into in about or following the execution of this my will and the trusts thereby created provided always And it is my express desire that no debt or sum or sums of money which at my decease shall be owing to me from any or either of the persons named or interested under this my will shall by reason of his her or their representative by being or interested or appointed executor be dis------------ or extinguished. And lastly I do hereby nominate and appoint my said son Henry and the said William Sibbering Executors of this my last will and testament and hereby revoking all former and other wills and codicils by me at anytime heretofore made. I do declare this present writing contained on six sheets of paper to be my last will and testament in witness whereof. I have hereunto set my hand and seal to wit, my hand to the five previous and my hand and seal also to this sixth and last sheet this twenty fourth day of January one thousand eight hundred and thirty nine 1839 Henry Bath Signed sealed published and sanded? by the said Testator Henry Bath as and for this last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto and signed our names as witnesses ????????? ????????????

Proved at London 10th December 1844 before the Judge by Henry Bath the son and William Sibbering the Executors to and whom Admon was granted they having first made a solemn and sincere declaration or affirmation according to Act of Parliament by Canon only to administer.