| The Will - spelling and 'punctuation' as in original
This is the last Will and Testament of me, William Read of Ipswich in the County of Suffolk, ship builder I direct all my just debts and funeral and testamentary expenses to be paid as soon as conveniently can be after my decease I appoint William Taylor of Ipswich aforesaid Lloyds agent and Thomas Taylor of Ipswich aforesaid Coal Merchant Trustees and Executors of this my Will I give and bequeath unto my Wife Mary Read all the household stores and provisions that may be in my house and premises at the time of my decease I also bequeath to her the Legacy of Fifty pounds to be paid to her immediately after my decease I give and bequeath unto my Foreman Ebeneezer Robertson my Book entitled Stalkard on Naval Architecture and all my Drawings of Vessels Models of Vessels Moulds Box of Instruments and all my Books relating to Shipbuilding or Naval Architecture that may be useful to him in the Business of Shipbuilding I give and devise all and singular my Freehold messuages Tenements heriditaments and real estate now belonging or which at the time of my decease shall belong to me with their and every of their pertinances unto and to the use of my said Wife and her assigneds for and during the term of her natural life she or they Keeping the same in good and tennantable repair and condition And from and after her decease I give and devise all and singular said heriditaments and premises unto and to the use of the said William Taylor and Thomas Taylor their heirs and assigneds upon the trusts following ( that is to say) Upon trust that they the said William Taylor and Thomas Taylor or the survivor of them their or his heirs or assigneds do and shall make sale and dispose of the same of every part thereof either by Public Auction or Private Contract and in such manner and under and subject to such conditions and stipulations as to title or otherwise as should be deemed necessary and with power to buy in at any Auction and to rescind or vary the terms or conditions of any Contract and to re sell at their or his discretion without any liability to answer for any loss shall be the consequence of so doing and do and shall (the word here looks like 'eawey') and assure the said heriditaments and premises when sold unto the purchaser or respective purchasers thereof or as he she or they shall direct And I declare that the monies to arise from such sale or sales as aforesaid and the rents and profits of the said heriditaments and premises after the decease of my said Wife and until sale thereof shall fall into and be considered as part of a product of my residuary personal estate and be held and applied accordingly And I give and bequeath unto my said Wife for her natural life All my Leasehold Messuages Tenements and heriditaments ( except Leasehold premises which I may hold or occupy for the purposes of my trade or business) she keeping the same in tennantable repair and condition And I give and bequeath unto my said Wife for and during the term of her natural life the use of all my Household Goods and Furniture Plate Linen China and other indoor effects And from and immediately after her decease I give and bequeath all my said Leasehold Messuages Tenements and heriditaments and also all my said Household Goods and Furniture plate linen china and other indoor effects into the said William Taylor and Thomas Taylor their executors administrators and assigns Upon trust to sell dispose of and convert the same respectively into money in such way and manner in all respects as they shall think proper and most expedient And I declare that the monies to arise how from such sales shall fall into and form part of my residual personal estate and be held and applied accordingly And I give and bequeath all my monies and securities for money stock in trade and all other my personal estate and effects whatsoever and wheresoever not herinbefore bequeathed unto the said William Taylor and Thomas Taylor their executors administrators and assigns Upon trust that they my said Trustees do and shall as soon as conveniently can be after my decease collect get in and receive all such money as shall be then due and owing to me and do and shall sell and convert into money all such parts of my personal estate as shall not consist of money and do and shall stand and be possessed of the monies to arise from such sale collection and conversion Upon the trusts following (namely) Do and shall in the first place pay and discharge ? all my just debts and funeral and testamentary expenses and the said legacy herinbefore bequeathed to my said Wife And do and shall lay out and invest all of the then residue of the said trust monies at interest Parliamentary and Public Stocks or Funds of Great Britain or upon Government or Real Security in England and do and shall pay the dividends interest and income of the said trust monies and securities unto her my said Wife for and during the term of her natural life And now and immediately after her decease I declare that my said Trustees or the survivor of them his executors administrators or assigns shall stand and be possessed of the said trust monies funds and securities and of the money to arise from the sale of my said Freehold heriditaments and real estate heretofore directed to be sold and of the monies to arise from the sale of my said Leaseholds messuages tenements and heriditaments and of my said Household Goods and Furniture plate linen china and other indoor effects and of all other monies herinbefore directed to fall into and form part of my residuary personal estate Upon the trust to following (namely) Upon trust to retain thereout into and for themselves the said William Taylor and Thomas Taylor the sum of Fifty pounds a piece in acknowledgement for their trouble in the execution of the trust to of this my Will And then do and shall stand and be possessed of all the then residue of the said trust monies Upon the trust following namely As to one equal seventh part or share thereof Upon trust for my half Brother John Gill of Northwich in the County of Cheshire his executors administrators or assigns absolutely As to one other equal seventh part or share thereof Upon trust for my half Brother James Mack of Macclesfield in the said County of Cheshire Shoemaker his executors administrators or assigns absolutely As to one other equal Seventh part or share thereof Upon trust for my half Brother Daniel Mack of the city of Oxford Farmer his executors administrators or assigns absolutely As to one other equal seventh part or share thereof Upon trust for Samuel Rudd of Ipswich aforesaid Carpenter Mary Ann the wife of Joshua Jackson of Lynn in the county of Norfolk Miller and Sophia Kent of Wynmondham in the county of Norfolk Widow the Son and Daughter of my late sister Sophia Rudd to be divided between them the said Samuel Rudd Mary Ann Jackson and Sophia Kent in equal shares as servants in common and their respective executors administrators and assigneds absolutely As to one other equal seventh part of share thereof Upon trust for Mary Gardiner and Charlotte Douglas (the two Daughters of my Wife’s late Sister Sarah Roper) and William Robertson and the said Ebeneezer Robertson the two sons of the said Mary Gardiner to be equally divided between them the said Mary Gardiner Charlotte Douglas William Robertson and Ebeneezer Robertson in equal shares as Servants in Common and their respective executors administrators or assigneds absolutely As to one other equal seventh part or share thereof Upon trust for William Taylor and Charles Taylor of Manningtree in the County of Essex Bankers Clerks and Martha Taylor of Harwich in the same county the Sons and Daughter of my Wife’s late Brother Thomas Taylor to be equally divided between them the said William Taylor, Charles Taylor and Martha Taylor in equal shares as Servants in Common and their respective executors administrators or assigns absolutely And as to the other and remaining equal seventh part or share thereof Upon trust for themselves the said William Taylor and Thomas Taylor (my said executors )and George Taylor of Hadleigh in the said county of Suffolk Bankers Clerk and Charlotte the wife of Robert James Ransome of Ipswich aforesaid ironfounder the Sons and Daughter of my wife’s late Brother William Taylor to be equally divided between them the said William Taylor and Thomas Taylor George Taylor and Charlotte? in equal shares as Servants in Common and their respective executors administrators or assigneds absolutely And I give and devise into the said William Taylor and Thomas Taylor their heirs and assigns All such real estates as now are or at the time of my Death shall be vested in me as a mortgagee or trustee either in my own right or as an Heir at Law or otherwise according to my right title and interest therein respectively But nevertheless Upon the same trusts and for the purposes for which the same are or shall be held by me And I declare that the receipt or receipts of the said William Taylor and Thomas Taylor or the survivor of them his executors administrators or assigns shall discharge the purchaser or purchasers of the heriditaments and premises hereby devised and divided to be sold or any part thereof and every other person paying any money to them or him under or by virtue or this my Will show all liability of seeing to the application and all responsibility for on account of the misapplication or non application of the purchase or other money which in such receipt or receipts shall be expressed or acknowledged to have been received And lastly hereby revoke and make void all my former Wills and other Testamentary dispositions In Witness that this is my last Will and Testament contained in four sheets of paper I have subscribed my name at the foot or end thereof the tenth-day of December one thousand eight hundred and sixty two. By the said William Read the Testator as and for Will and Testament in the presence of us present? time who in his presence at his request the presence of each other have hereunto subscribed our own names as Witnesses
Hm? Woodgate
? Barnett ?/ Barnes?
Proved at Ipswich with a Codicil the 4th day of June 1869 by the Oaths of William Taylor and Thomas Taylor the Executors named in the Will to whom? was granted The Testator William Read was late of Ipswich in the County of Suffolk formerly a Shipbuilder and died on the 1st day of February 1869 at Ipswich aforesaid
Under £4000 Jackaman & Sons Ipswich
This is a Codicil to the last Will and Testament of me William Read of Ipswich in the County of Suffolk, late a Shipbuilder but now retired from Business which Will bears date the tenth day of December one thousand eight hundred and sixty two It is my Will and I declare that if an Ebeneezer Robertson of Ipswich aforesaid Shipbuilder his executors and administrators do and shall within the period of one year and six months after my decease pay to Messeurs Bacon? Cobbold Rodwell and Cobbold of Ipswich aforesaid Bankers and ? all monies which have ? already or shall after the date hereof be advanced to them to the said Ebeneezer Robertson for the purpose of enabling him to purchase and lay down in the Shipyard now in his occupation situate in the parish of Saint Peters in Ipswich a Patent Ship for hauling up Vessels in order to examine and repair the same and if he the said Ebeneezer Robertson his executors administrators do and shall duly and punctually pay or cause to be paid to the Executors of my valid Will the interest which shall from time to time during the period aforesaid accrue and become due in respect of the principal sum of two thousand three hundred pounds mentioned in and intended to be secured by an indenture of Mortgage bearing date the seventeenth day of July last and made between the said Ebeneezer Robertson on the one part and myself on the other part or on so much of the same principal sum as shall for the time being remain unpaid that my said Executors shall not require payment for any part of the principal sum of two thousand three hundred pounds or take any proceedings for obtaining or compelling payment of the same until the expiration of one year and six months from the day of my decease And if the said Ebeneezer Robertson his executors or administrators do and shall within the period aforesaid pay or cause to be paid to my said Executors the principal sum of one thousand one hundred and fifty pounds being and ?? of the sound principal sum of two thousand three hundred pounds And if the said Ebeneezer Robertson his E xecutors or administrators do and shall duly and punctually pay or cause to be paid to my said Executors the interest which shall from time to time accrue and become due in respect of the remaining money of the said sum of two thousand three hundred pounds or on so much thereof as for the time being shall remain unpaid then it is my will and I declare that my Executors shall not require payment of such last mentioned Money of the said principal sum of two thousand three hundred pounds or any part thereof or take any proceedings for obtaining or compelling payment of the same ? or any part of the same until the expiration of three years from the day of my decease And in all these respects I hereby confirm my sad will and direct this Codicil to be taken as part thereof In witness whereof I have hereunto sent my hand and subscribed my name this seventh day of December one thousand eight hundred and sixty six
Signed and declared by the above named William Read the Testator and for a Codicil to his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each there have hereunto subscribed our names as witnesses thereunto.
M B Jackaman
Richard ? ? Hudson
Clerk to MrFs Jackaman & son Solicitors Ipswich
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Analysis of Will - (attempt number 2 October 9, 2009)
An attempt to build a chart of his immediate family. Please contact us if you are related and can add to, or correct, this work!
William Read wrote a will. He was a shipbuilder at Ipswich in Suffolk. So that his
'just debts and funeral and testamentary
expenses' could be paid soon after his death he appointed William Taylor who was an agent for Lloyds, and Thomas Taylor who was a coal merchant, as the Trustees and Executors of his will. Both were 'of Ipswich'.
To his wife Mary he gave and bequeathed all household stores and provisions that were in HIS house and premises when he died
Q. What premises did he own?
Fifty pounds was to be paid to Mary immediately after his death.
To his Foreman Ebeneezer Robertson he gave and bequeathed:
- Stalkart on Naval Architecture (
Stalkartt, Marmaduke. Naval Architecture; or the Rudiments and Rules of Ship Building Exemplified in a Series of Draughts and Plans with Observations Tending to Further Improvement of that Important Art.)
- Drawings of vessels
- Models of Vessels
- Moulds
- and other books on shipbuilding 'that may be useful to him in the business of shipbuilding'.
I give and devise all and singular my Freehold messuages Tenements heriditaments and real estate now belonging or which at the time of my decease shall belong to me with their and every of their pertinances unto and to the use of my said Wife and her assigneds for and during the term of her natural life she or they Keeping the same in good and tennantable repair and condition.
When his wife died William Read willed that the all his property should be sold by William Taylor and Thomas Taylor (or their heirs) and the proceeds disposed of as follows (There is much reiteration of much of what was said before).
William Taylor and Thomas Taylor will each receive £50 pounds each for acting as Read's Executors.
One seventh of the remaining money should be given to Wiliiam Read's half-brother John Gill of Northwich in Cheshire
One seventh of the money to Read's other half brother James Mack of Macclesfield, Cheshire who was a shoemaker.
One seventh also went to another half brother of Read, Daniel Mack of 'the City of Oxford'.
Another seventh 'upon trust' to be shared equally between:
- Samuel Rudd of Ipswich a carpenter and
Mary Ann Jackson the wife of Joshua Jackson of Lynn in Norfolk - who were the son and daughter of Read's late sister Sophia Rudd
- and
Sophia Kent of Wynmondham of Norfolk a widow
as 'Servants in Common'.
Another seventh part to be shared between:
- Mary Gardiner and Charlotte Douglas who were the daughters of Read's wife Mary's late sister Sarah Roper
- and William Robertson and Ebeneezer Robertson as 'Servants in Common'.
Another seventh part to be shared equally between:
William Taylor and Charles Taylor of Manningtree, Essex who were bankers clerks,
Martha Taylor of Harwich, Essex; the sons and daughter of Mary Read's late brother Thomas Taylor as 'Servants in Common'.
And the final seventh part to be shared equally between:
- William Taylor and Thomas Taylor (Read's Executors)
and the the sons and daughter of Mary Read's late brother William Taylor:
- George Taylor of Hadleigh, Suffolk a bankers clerk, and
- Charlotte the wife of Robert James Ransome of Ipswich an ironfounder
Two William Taylors are mentioned in his will: Read's Executor (William Taylor) and '...my wife's late brother William Taylor'?(SG) See chart of Read's immediate family for resolution of this.
Definitions
Trustee Someone who holds title in trust for the benefit of another person and who owes fiduciary responsibility to that beneficiary. Also used loosely to refer to anyone acting as guardian or fiduciary with respect to another person.
Executor An individual named in a will who will be responsible for seeing that its bequests and other provisions are performed. Gave To make a gift; to transfer property to another without payment; to grant something to another. Bequeath To give a gift of personal property by means of a will. See also devise .
Devise The act of transferring real property by will; a clause of a will describing such a transfer; the property disposed of in such a transfer. Freehold An ownership estate or possessory interest in land, particularly a fee simple or life estate.
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey. Messuage Property. This word is synonymous with dwelling-house; and a grant of a messuage with the appurtenances, will not only pass a house, but all the buildings attached or belonging to it, as also its curtilage, garden and orchard, together with the close on which the house is built.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Tenements A comprehensive legal term for any type of property of a permanent nature-including land, houses, and other buildings as well as rights attaching thereto, such as the right to collect rent.
In the law of easements, a dominant tenement or estate is that for which the advantage or benefit of an easement exists; a servient tenement or estate is a tenement that is subject to the burden of an easement.
The term tenement is also used in reference to a building with rooms or apartments that are leased for residential purposes. It is frequently defined by statute, and its meaning therefore varies from one jurisdiction to another.
Sources= West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Hereditaments, estates. Anything capable of being inherited, be it corporeal or incorporeal, real, personal, or mixed and including not only lands and everything thereon, but also heir looms, and certain furniture which, by custom, may descend to the heir, together with the land.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Real Estate
Assigns, contracts. Those to whom rights have been transmitted by particular title, such as sale, gift, legacy, transfer, or cession. Vide Ham. Paities, 230; Lofft. 316. These words, and also the word forever, are commonly added to the word heirs in deeds conveying a fee simple, heirs and assigns forever "but they are in such cases inoperative.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Tenantable Fit to be rented; in a condition suitable for a tenant.
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