![]() |
| Menu | Home |
Home About Us Introduction Steatham Research Wills > Robert Steatham > Henry Geo Steatham > Elizabeth Steatham > Sarah Steatham > John Waltham > Samuel Lowe > Joseph Hugill News Future Events FAQ Contact Site Map Links |
|
Page last updated |
|
Samuel Lowe M.A. Will Samuel Lowe's will [with a Codicil] was signed by Samuel on ? the 1st July 1824, and was proved at London on the 17th January 1835 before a judge for Margaret? widow and executors. The witnesses for the Will were Rebecca Darwall, Eliza Darwall, and Charles Henry Darwall. The witnesses for the Codicil were George Frederick White [Reverend] Darlaston and Elizabeth M. White [Reverend G.F. White's wife?]. The Darwall family at Walsall, had a street named after them in the center of Walsall. The Reverend G.F. White became the Rector at St Lawrence, after Samuel's death. Deciphering the Will has been problematic to say the least, but here goes, Normal font, means totally sure, Italic font, means I am a little uncertain what the word is. ? means unsure [one word]. The letter "e" means "and". [my comments are enclosed in brackets]. On the left are the line numbers...
001 This is the last Will and Testament 002 of me Samuel Lowe of Walsall in the County of Stafford Clerk Rector of Darlaston 003 in the said County I give and bequeath my messuage [1] buildings lands and real estate 004 with the appurtenances [2] situated a ? otherwise ? in the county of York unto 005 Charles Henry Darwall [solicitor] of Walsall aforesaid Gentleman and John Foster of Bilston in the 006 the said County of Stafford; banker and to the Survivor of them and heirs and of 007 ? survivor but to the uses and upon the trusts following that is to say ? the ? of 008 my son Charles Benjamin Lowe his heirs and ? when and as soon as a he shall attain 009 the age of twenty one years and upon trust that the trusts of my said Estate be in the 010 ? be paid to him But in case of the death of my death of my said son Charles Benjamin Lowe 011 before he shall have attained the age of twenty one years then to the of my son 012 Henry Edward Lowe his heirs and ? when and as soon he shall attain the age ? 013 of twenty one years and upon trust that the ? of my said Estate be in the ? ? paid 014 to him or for his use and benefit And in case of the death of my said son Henry Edward 015 Lowe before he shall have attained the age of twenty three years and if my wife Marianne 016 Lowe shall then be leaving them to the ? of my said wife Marianne Lowe her heirs 017 and ? for ever But if she shall not be then living then upon trust that my said 018 trustees or the survivor of them or the heirs or ? of such survivors do and shall as soon 019 on ? may be and in such manner as they or he shall think proper absolutely 020 sell and dispose of my said ? buildings lands and real Estate to any person or 021 persons ? shall be willing to ? the purchaser or purchasers thereof at or for or 022 such ? or ? as my said trustees or the survivors of them or the heirs or ? of 023 such survivors shall think reasonable or ? obtain for the ? and do and shall 024 pay ? and ? the ? arising form such sale or sales together with the 025 unapplied rents of the said ? ? and equally amongst all the children who 026 shall be living at the time of such distribution of my sister in law Louisa Arnold and 027 of my brother in law the Reverend Samuel Maddock and I hereby declare that the 028 ? or ? of my said trustees of the survivor of them of the heirs of ? of such ? 029 survivor shall be a good and sufficient discharge to any purchaser or purchasers for 030 or their purchase money and that such purchaser or purchasers shall not be liable to 031 ? to the application of his or their purchasing money or be ? or ? for 032 the ? thereof and I declare that my trustees or trustee for the ? ? 034 which may happen without their or his wilful neglect or default and that they shall not 035 be ? ? or ? for ? ? but ? for ? only also I ? and ? 036 bequeth to my said son Henry Edward Lowe the sum of four Hundred pounds to be paid 037 to him on his attaining the age of twenty ? year but I declare and direct that the 038 ? shall not be a vested legacy if ? ? shall ? under the said age and I give to my 039 said wife Marriane Lowe and my said son Charles Benjamin Lowe the sum of out 040 thousand pounds that they or the survivors of them do and shall ? and 041 as soon as my nephew Benjamin Arnold attain the age of twenty three years 042 ? ? shall not have attained that age at the time of my demise ? ? to ? ? 043 of them my said wife and son Charles Benjamin or the survivor of them either 044 to my ? nephew Benjamin Arnold the said sum of out the thousand pounds or otherwise 045 ? the said at interest ? ? or ? ? and pay the dividends and 046 interest hereto to my said nephew Benjamin Arnold during his life or until my said 047 Wife and son Charles Benjamin or the survivor of them shall think it prudent and 048 proper to pay the said sum one thousand pounds to the said Benjamin Arnold And 049 in case my said wife and son Charles Benjamin or the survivors of them shall not ? 050 pay the Sum of one thousand pounds to the said Benjamin Arnold in his life 051 ? upon trust that they or the survivor of them do and shall pay the ? to ? person 052 or persons as the said Benjamin Arnold by any deed or writing or By his last Will and 053 Testament in writing duly executed shall divert or appoint or give or bequeath the same and 054 ? default thereof to the ? of ? of the said Benjamin Arnold according to the statues 055 for the distribution of ? efforts provided netherless that if my wife and son 056 Charles Benjamin or the survivors of them shall not pay the said sum of one thousand 057 pounds to the said Benjamin Arnold and if both of them die in the lifetime of the 058 said Benjamin Arnold then I will and direct that the said sum of one thousand pounds 059 shall be payable to the said Benjamin Arnold after the demise of the 060 ? of them my said wife and Benjamin And I give to my said Wife 061 Marriane Lowe for her life if she ? my widow the use of occupation and 062 enjoyment of my leasehold house in Walsall now in my own possesion with the 063 appertuances to the said ? and the furniture thereof and the Dividends 064 Interest and yearly produce of all the residue and remainder of my personal estate 065 and property But in the ? of the second marriage of my said wife I will and 066 direct that she shall therefore ? and receive an annuity of yearly sum of one 067 Hundred pounds for her life and that subject thereto my said sons Charles Benjamin Lowe 068 and Henry Edward Lowe shall have and take equally Between them the use and benefit ?- 069 -? interest and yearly ? of the property last about mentioned and subject as 070 aforesaid I ? my said ? ? with the buildings garden and appurtenances and 071 all the Residue and Remainder of my said personal Estate and property onto my 072 said sons Charles Benjamin Lowe and Henry Edward Lowe in ? shares and proportions 073 as my said wife Marianne Lowe by any deed or writing or by her last Will and Testament 074 in writing by her Executed in the presence of and attested by ? or word ? ? 075 shall limit direct or appoint the ? And in default of any such ? ? or ? 076 appointment I give the said last mentioned premises and property unto and equally or ? 077 between my said son Charles Benjamin Lowe and Henry Edward Lowe with benefit of 078 survivor ? in the event of the death of either of them without children but in case both 079 of my said sons shall die in the lifetime of my said wife without leaving any children or 080 child then I do hereby declare authorise and empower my said wife by any Deed or Deeds 081 Writing or Writings or by her last Will testament in writing to be by her executors in 082 the presence of and attested by two or more ? absolutely to limit divert or 083 appoint ? or dispose of the said last ? premises and property and every part 084 thereof to such person or persons and in such a manner as ? shall think proper And ? 085 appoint my said wife Marianne Lowe and my said son Charles Benjamin Lowe 086 Executrix and Executor of this Will and revoking all wills by me herefore 087 made I declare this only to be my last Will and Testament in ? whereof I cast to the 088 three proceeding sheets set my hand and to the this fourth and last sheet ? hand and seal 089 the first day of July in the year of our Lord one thousand eight hundred and thirty one ? 090 Samuel Lowe have ? Signed Sealed published and Declared by the 091 testator Samuel Lowe as his last Will and Testament in the presence of us who at his request 092 in his presence and in the presence of each other have subscribed our names as ? 093 Rebecca Darwall - Eliza Darwall - C H Darwall We now have a Codicil [3] ... 094 A Codicil to be annexed to my Will dated 1st July 1831 095 Whereas ? ? bequeathed to my nephew Benjamin Arnold a legacy to the amount 096 of one thousand pounds and ? has [?] ? his destination ? for that of the Clerical profession 097 requesting ? a work ? ? than was ? ? e for this I have ? 098 undertaken to provide a ? of only to my own Children ? but to leave behind ? ? 099 ? further directions with respect to this legacy and first I hereby authorise my Executors 100 ? in the said will to ? from the said amount such sums as have been or shall 101 have been paid on this ? the ? thereof being ? ? to ? inserted in 102 the margin of this paper e to the said Benjamin Arnold only the remainder of the 103 interest arising from such remainder ? making ? further ? ? 104 ? of the said agreement as may be ? to fit him for his intended profession 105 ? ? ? ? ? is that ? ? said Benjamin Arnold ? without leaving 106 ? ? before the whole of ? legacy be discharged the said remainder shall revert to 107 the residue of my property and be disposed of accordingly instead ? being subject 108 to the bequest of the said Benjamin Arnold or ? but to his ? of ? ? 109 to the statues for the distribution of ? ? as the will appoints ? Codicil 110 whereof I have set my hand e seal this ? day of January in the year of our Lord 111 one thousand eight hundred twenty four - Samuel Lowe 112 signed Sealed published and declared by the testator Samuel Lowe as a Codicil to his 113 last Will and testament in the presence of us who at his request in his presence and in the 114 presence of each other have subscribed our names as ? G. F. White Darlaston 115 Eliza M. White Next we have the following sworn affidavit ... 116 Appeared Personally Henry Christopher 117 Hindle of Walsall in the County of Stafford Merchant and Charles Henry 118 Darwall of the same place and ? on the ? ? 119 made oath that they knew and were well acquainted with the Reverend Samuel Lowe 120 late of Walsall in the County of Stafford Clerk deceased for some time before and ? to the 121 ? of his death and also with his manner and character of ? and ? having 122 frequently seen him ? and also ? and his name and having now with 123 and attention ? and perused the paper ? ? ? purporting to be a 124 Codicil to the Will of the said Deceased that said Codicil beginning thus "a Codicil to be ? 125 to my Will dated 1st July" 1831 ending thus "set my hand and seal this seventeenth day of January 126 in the year of our Lord one Thousand eight hundred and thirty four" and subscribed "Samuel 127 Lowe" and having particularly noted the ? and figures ? from the ? ? 128 Legacy (SL) 1833 17 ? for 50 2 Cousins ? 5:5 29 ? 3:3 129 ? ? 2/2 Quarters allowed x o 5 1834 ? ? 3 ?:50 ? ? ? 130 6 3 Quarters allowance 15 ? 17 perpetual to Quarterly 5:5 ? ? of ? ? ? ? ? 131 ? ?:3 1 Quarters ? to x 5 "appearing to be written in the margin of the said 132 Codicil made oath that they ? and in their ? ? the said Words and 133 figures so written in the said hand writing of the 134 said Deceased - Henry C Windle - C H Darwall- 135 On the tenth day of January 1835 the said Henry Christopher Windle and Charles Henry 136 Darwall were duly sworn to the ? of this affidavit Before us ? ? ? 137 Proved at London (with Codicil) 17th January 1835 before the justice the ? oath 138 of Marianne Lowe Widow the Relict and Charles Benjamin Lowe ? son the executors 139 whom ? was granted having been first sworn by ? duly to administer Please Note - Deciphering this will is still ongoing...
[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. Steatham.com All Rights Reserved. |