001   This is the last Will
    002   and Testament of me George Croft of Birmingham
    003   in the County of Warwick Clerk and Doctor of Divinity
    004   ? published this twenty? ? day of January
    005   in the Year of Our Lord one thousand and eight hundred
    006   and six in manner following that is to say first and
    007   ? order and direct all my just ? ? ? ?
    008   and Testamentary charges to be paid and satisfied
    009   by my Executors who are hereby requested? to see my
    010   funeral solemnized in the lest ostentatious or
    011   ? manner possible without pall bearers and
    012   by our clergyman only ? and ? ?
    013    ? ? a ? ? William Gilby of ?
    014   Birmingham aforesaid and Doctor of Phisics? John Cope
    015   of the same place druggist and of my only Son
    016   Edmund Hutchison Croft all my household
    017   furniture and ? ? ? of household my
    018   ? and securities for money and all my goods
    019   Chattels and personal Estate whatsoever generally
    020   and without ? to hold the same personal Estate
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    021   and promised unto the said William Gilby John
    022   Cope and Edmund Hutchison Croft their Executors
    023   administrators and ? ? ? trust to Wife
    024   the power? and provided and for the ? and
    025   proposed herein after expenses and ? remaining?
    026   the same that is say upon Trust to ? ?
    027   ? Monies in land or upon ? upon the ? ?
    028   ? ? any? other ? security or Securities at
    029   their descretion? and to alter or vary such securities
    030   at Will and pleasure and to pay apply and
    031   appropriate the duties Monies? ? and produce
    032   to ? and ? ? when and as the same?
    033   shall ? ? ? and to the use of my Dear Wife
    034   Ann Croft and ? ? for ever life or otherwise
    035   pursuint? her to ? and ? ? same for ? life
    036   for the Maintenance of house and the support and
    037   Education of my Children in such a way as she and
    038   the ? of my said Trustees may judge best
    039   and also upon trust to ? and suffer? my said Wife
    040   to use and enjoy all my Household furniture and
    041   and ? of household for her life and if she
    042   knows at any time be disposed to sell any part or parts
    043   thereof ? upon trust to permit? and suffer ? so to
    044   So upon her paying the Money to be producud? from
    045   such Sale unto the Hands of them my said Trustees
    046   in order that the same may be paid out at interest?
    047   and appropriated in the manner as ? ?
    048   ? and ? and upon trust after the ? ? of my?
    049   said Wife to sell and dispose of all my household furniture
    050   Goods and personal Estate whatsoever and ? ?
    051   whole unto Money and to ? the agreggate? and
    052   or value of all my ? property whosoever ?
    053   sustitute and devide ? ? ? ? amount ?
    054   unto and equally amongst all my Six Daughters ?
    055   Ann Hannah Maria Isabella Eliza and Harriet in ? ?
    056   shares with this exception that my said trustees shall
    057   and are hereby required to take into their consideration
    058   a ? ? of? Sum of Four Hundred pounds in
    059   waiver? has been ? and ? to my said
    060   Daughter Ann to be paid to her on the decrease? of her?
    061   Mother by the Will of the late Grandfather William
    062   Grimston of Ripon in the County of York Alderman
    063   deceased and in as ? as the ? ? to him?
    064   said daughter Ann by the said Will her Granddaughter
    065   ? ? in? that I should give part ? to my
    066   property by my said Trustees amongst my said Six
    067   Daughters shall be so arranged that my said Daughter
    068   Ann together with her including her said ? of
    069   four hundred pounds shall all have the Sum of
    070   two hundred pound in the whole more than my
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    071   ? ? daughters after ? or ? of ?
    072   ? and it is also my Will that if any of my said
    073   Daughters upon the death of my said Wife shall not
    074   have? attained the age of twenty one ? ? and
    075   ? ? my said Trustees ? ? ? pay
    076   and ? the ? and ? of ? ?
    077   house? of principal ? for and ? ? ?
    078   ? and Education ? ? ?
    079   and is ? will that the said portion or share
    080   of ? of my said daughters shall? be and ?
    081   a vested and disposable ? ? ? ? a ?
    082   ? ? ? of Twenty One year ? ?
    083   ? payment ? ? by this my Will
    084   until after the death of my said Wife and William
    085   my said Son Edmund Hutchison Croft will at the
    086   ? of ? ? ? ? ? ? ?
    087   County of Somerset be ? to the ? of ?
    088   ? ? to the ? ? ? ? ?
    089   ? of the city of Bath and also to a ?
    090   Leasehold house No 2 ? ? in Bath
    091   aforesaid vow is and Will and ? and ? /
    092   ? ? and empower my said trustees to
    093   ? and ? to ? ? said ? ? ? ?
    094   of ? as may in reason? ? ? to ? ? ?
    095   ? upon condition that the aforesaid ? and and
    096   as upon and ? at the age of twenty one years
    097   ? ? ? to my / Trustees upon the said
    098   ? of ? ? ? and upon the said
    099   Leasehold House ? or ? as my said Trustees
    100   shall ? proper and that ? my said Son shall? and
    101   so amount? to ? for the ? ? only ? to be
    102   ? and ? to ? and for the ?
    103   thereof as soon as may be after ? ? of
    104   the said Mrs ? ? or the ? only?
    105   if they shall ? it proper that the ? should
    106   ? with ? so ? ? as aforesaid and ?
    107   my library? would ? the ? of the books ?
    108   easily sold for the sum of Two hundred pounds
    109   Will is that my said Son Edmund Hutchison Croft
    110   shall have the offer from my said Trustees or shall
    111   have the option of taking or purchasing such library
    112   at the ? or sum of our? ? pounds and
    113   ? the ? ? ? to purchase and
    114   said Library know it is my Will and so hereby?
    115   ? that the same shall be Sold for the best price
    116   that ? be considerably obtained for ? same under
    117   the ? of my said Trustees with the exception
    118   of such popular Works as ? been ? ? ?
    119   be purchased for ? use of my said Daughters or any
    120   of them whether ? aforesaid and in the ?
    121   of ? ? ? be ? superfluous ? and ?
    122   this ? my Daughters ? ? ? ?
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    123   ? if my said Son should purchase as aforesaid
    124   ? allowing him a ? of the value of such
    125   ? so ? and whereas as curate or vicar?
    126   of Walton ? the East Riding of the County of York
    127   and or shall be ? of a morgage of said ?
    128   in the parish of ? with towards? ? ?
    129   the ? of an foreclosure ? will is that the said
    130   ? shall be ? ? will is that the said
    131   my ? in the said Curacy ? ? of ?
    132   refusal to any ? ?for the ? ? that
    133   ? be obtained for the same in order that such? ?
    134   may be interporated? ? my other Money? and
    135   property for the purpos? aforesaid and waive morgages is
    136   granted in the name of Roger Williams of
    137   Bimingham aforesaid Attorney of Law ?
    138   request and ? to join and ? in any ?
    139   ? ? my said ? for ? purpose and
    140   whereas ? purchased a house? in the
    141   p? chapel of a ? ? ?Birmingham
    142   aforesaid my is that ? after my decease
    143   my said Trustees shall and so? and ? are hereby
    144   impowered to sell the same House? taking their best
    145   ? that ? Sum ? to? another ? ?     146   Reverand Thomas Gartham of Skipton in ?
    147   ? of ? wife the ? ? ? be
    148   ? and satisfied ? ? ? to any
    149   ? of the writings? ? in my ?and
    150   ? ? by ? ? ? ? consent as
    151   a ? for the principal? and ? ? and to
    152   ? ? ? ? ? said Thomas Gartham ?
    153   and ? unto the said William Gilby and John
    154   Cope? ? Executors Administrators and ?
    155   all the ? ? ? ? ? ? to ?
    156   real and personal Estate as I hold or am Possesed? of
    157   ? ? ? ? ? ? ? same unto and to
    158   the use of them the said William Gilby and John Cope
    159   their ? Executors Administrators, Asignes and ?
    160   to the full ? of such Estate and ? ? as
    161   ? herin in order that they my said Trustees
    162   may be fully empowered and enabled under the
    163   authority of this my Will to manage fulfil and
    164   ? unto ? the same Trusts? as ? as
    165   ? enabled to do provided always and it is my Will
    166   and ? that my said Trustees or any of them
    167   shall not be liable to ? or ? ? any
    168   ? or ? that shall or may happen to the
    169   aforesaid Trust Estates Monies and Effects
    170   having the same out according to the ? in
    171   this my Will or in ?ing? any Money Affairs?
    172   or otherwise relating to or ? the execution
    173   of the Trusts aforesaid ? the same shall appear
    174   to happen by or through their or any of their wilful
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    175   ? ? ? ?shall any of their
    176   my said Trustees ? ? or? for
    177   the ? ? ? or? ? of the other
    178   or others of them but either? of them shall be answerable?
    179   only for his own separate ? deeds ? or
    180   ? and so hereby direct that my said
    181   Trustees shall and may pay and reimburse themselves
    182   and ? and allow to ? other out of the said
    183   Trust Estates Money and ? all reasonable and
    184   ? costs charges and [rubbed out]
    185   ? whatsoever? ? or and of them? shall
    186   or may ? pay be put unto or sustain in or about the
    187   Execution of this my Will or the Trust? ? in
    188   ? ? and lastly I do hereby nominate
    189   ? and appoint the said Willliam Gilby John
    190   Cope and my said Son Edmund Hutchison Croft
    191   ? Executors in trust of this my last Will and
    192   Testament and the said William Gilby and John
    193   Cope jointly with my Wife Guardianship of all my
    194   Children during Minority and so hereby ? and
    195   ? all ? ? other? Will ? ?
    196   ? made by ? ? whereof I the said George
    197   Croft the Testator to this my last Will set ?
    198   ? and Seal ? ? and ? ? before
    199   Wriiten - G. Croft - signed sealed in
    200   published and ? by the said George Croft the
    201   ? to be his last Will and testament in the
    202   ? of ? who at his request and in his presence and in the presence of
    203   ? other? so? subscribe our names as witnesses the
    204 &nbrrsp; ? ? ? ? ? ? and ? ?
    205   first and John Coates of Ripon ? ? ?
    206   Jas. ? - David Wdes? His Clerk.

Probate
    207   This Will was proved at London the Twenty
    208   Second Day of December in the Year of our lord
    209   One Thousand and eight hundred and nine before ?
    210   Right honorable Sir John Ni? Ruit? ?otton of
    211   Sacred Master Keeper of Con? of the Prerogative
    212   Court of Canterbury - Carefully ? ? by the oaths
    213   William Gilby Doctor of ? John Cope and Edmund
    214   Hutchison Croft the Son of the deceased and the
    215   Executors ? in the said Will to ? ?
    216   was granted of all the singular the Goods Chattels
    217   and ? of the said deceased? having been first
    218   sworn by commission on duly to administer


Please Note - Deciphering this will is still ongoing...


Note the mention of William Gilby [Doctor in Physic], he is mentioned in a Tontine Deed held by Birmingham Library dated 25th March 1798,

William Gilby M.D. - Eliza Gilby 3yrs, Birmingham d/o Wm. & Eliza.

A Tontine Deed by definition is an annuity taken out by a group of individuals the survivors of which stand to benefit the most. In fact when only one subscriber is left alive, he/she takes the lot!

In this Tontine, some 180 worthy citizens of Birmingham Warwickshire subscribed an undisclosed sum and agreed to pay the rent on the land which the agreement set aside for the provision of a Public Library for Birmingham.


Note the mention of the Rev. Thomas Gartham who was the school master and chaplain, of Skipton Free Grammar school, founded 1492, during (1796-1824).

[1] In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.

[2] In a legal context, an appurtenance could for instance refer to a back-yard that goes with the adjoining house.
     The idea being expressed is that the back-yard "belongs" to the house, which is the more significant of the two.

[3] A codicil is a document that amends, rather than replaces, a previously executed will.
     Amendments made by a codicil may add or revoke small provisions (e.g., changing executors),
     or may completely change the majority, or all, of the gifts under the will.

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