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 ? ?
    033   which may happen without their or his wilful neglect or default and that they shall not
    034   be ? ? or ? for ? ? but ? for ? only also I ? and ?
    035   bequeth to my said son Henry Edward Lowe the sum of four Hundred pounds to be paid
    036   to him on his attaining the age of twenty ? year but I declare and direct that the
    037   ? shall not be a vested legacy if ? ? shall ? under the said age and I give to my
    038   said wife Marriane Lowe and my said son Charles Benjamin Lowe the sum of out
    039   thousand pounds that they or the survivors of them do and shall ? and
    040   as soon as my nephew Benjamin Arnold attain the age of twenty three years
    041   ? ? shall not have attained that age at the time of my demise ? ? to ? ?
    042   of them my said wife and son Charles Benjamin or the survivor of them either
    043   to my ? nephew Benjamin Arnold the said sum of out the thousand pounds or otherwise
    044   ? the said at interest ? ? or ? ? and pay the dividends and
    045   interest hereto to my said nephew Benjamin Arnold during his life or until my said
    046   Wife and son Charles Benjamin or the survivor of them shall think it prudent and
    047   proper to pay the said sum one thousand pounds to the said Benjamin Arnold And
    048   in case my said wife and son Charles Benjamin or the survivors of them shall not ?
    049   pay the Sum of one thousand pounds to the said Benjamin Arnold in his life
    050   ? upon trust that they or the survivor of them do and shall pay the ? to ? person
    051   or persons as the said Benjamin Arnold by any deed or writing or By his last Will and
    052   Testament in writing duly executed shall divert or appoint or give or bequeath the same and
    053   ? default thereof to the ? of ? of the said Benjamin Arnold according to the statues
    054   for the distribution of ? efforts provided netherless that if my wife and son
    055   Charles Benjamin or the survivors of them shall not pay the said sum of one thousand
    056   pounds to the said Benjamin Arnold and if both of them die in the lifetime of the
    057   said Benjamin Arnold then I will and direct that the said sum of one thousand pounds
    058   shall be payable to the said Benjamin Arnold after the demise of the
    059   ? of them my said wife and Benjamin And I give to my said Wife
    060   Marriane Lowe for her life if she ? my widow the use of occupation and
    061   enjoyment of my leasehold house in Walsall now in my own possesion with the
    062   appertuances to the said ? and the furniture thereof and the Dividends
    063   Interest and yearly produce of all the residue and remainder of my personal estate
    064   and property But in the ? of the second marriage of my said wife I will and
    065   direct that she shall therefore ? and receive an annuity of yearly sum of one
    066   Hundred pounds for her life and that subject thereto my said sons Charles Benjamin Lowe
    067   and Henry Edward Lowe shall have and take equally Between them the use and benefit ?-
    068   -? interest and yearly ? of the property last about mentioned and subject as
    079   aforesaid I ? my said ? ? with the buildings garden and appurtenances and
    070   all the Residue and Remainder of my said personal Estate and property onto my
    071   said sons Charles Benjamin Lowe and Henry Edward Lowe in ? shares and proportions
    072   as my said wife Marianne Lowe by any deed or writing or by her last Will and Testament
    073   in writing by her Executed in the presence of and attested by ? or word ? ?
    074   shall limit direct or appoint the ? And in default of any such ? ? or ?
    075   appointment I give the said last mentioned premises and property unto and equally or ?
    076   between my said son Charles Benjamin Lowe and Henry Edward Lowe with benefit of
    077   survivor ? in the event of the death of either of them without children but in case both
    078   of my said sons shall die in the lifetime of my said wife without leaving any children or
    079   child then I do hereby declare authorise and empower my said wife by any Deed or Deeds
    080   Writing or Writings or by her last Will testament in writing to be by her executors in
    081   the presence of and attested by two or more Credible ? absolutely to limit divert or
    082   appoint ? or dispose of the said last ? premises and property and every part
    083   thereof to such person or persons and in such a manner as ? shall think proper And ?
    084   appoint my said wife Marianne Lowe and my said son Charles Benjamin Lowe
    085   Executrix and Executor of this Will and revoking all wills by me herefore
    086   made I declare this only to be my last Will and Testament in ? whereof I cast to the
    087   three proceeding sheets set my hand and to the this fourth and last sheet ? hand and seal
    088   the first day of July in the year of our Lord one thousand eight hundred and thirty one ?
    089   Samuel Lowe have ? Signed Sealed published and Declared by the
    090   testator Samuel Lowe as his last Will and Testament in the presence of us who at his request
    091   in his presence and in the presence of each other have subscribed our names as ?
    092   Rebecca Darwall - Eliza Darwall - C H Darwall

        We now have a Codicil ^[3] ...

    093   A Codicil to be annexed to my Will dated 5th July 1831
    094   Whereas ? ? bequeathed to my nephew Benjamin Arnold a legacy to the amount
    095   of one thousand pounds and ? has [?] ? his destination ? for that of the Clerical profession
    096   requiring a ? work ? ? than was ? ? e for this I have ?
    097   undertaken to provide a ? of only to my own Children ? but to leave behind ? ?
    098   ? further directions with respect to this legacy and first I hereby authorise my Executors
    099   ? in the said will to ? from the said amount such sums as have been or shall
    100   have been paid on this ? the ? thereof being ? ? to ? inserted in
    101   the margin of this paper and to the said Benjamin Arnold only the remainder of the
    102   interest arising from such remainder ? making ? further ? ?
    103   ? of the said agreement as may be ? to fit him for his intended profession
    104   ? ? ? ? ? is that ? ? said Benjamin Arnold ? without leaving
    105   ? ? before the whole of ? legacy be discharged the said remainder shall revert to
    106   the residue of my property and be disposed of accordingly instead ? being subject
    107   to the bequest of the said Benjamin Arnold or ? but to his ? of ? ?
    108   to the statues for the distribution of ? ? as the will appoints ? Codicil
    109   whereof I have set my hand e seal this ? day of January in the year of our Lord
    110   one thousand eight hundred twenty one - Samuel Lowe
    111   signed Sealed published and declared by the testator Samuel Lowe as a Codicil to his
    112   last Will and testament in the presence of us who at his request in his presence and in the
    113   presence of each other have subscribed our names as ? G. F. White Darlaston
    114   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.