Nat Gould

Will of Samuel Moody Gethen Will 1832

This is the Last Will and Testament of me Samuel Moody Gethen of the City of Hereford Mercer Whereby I revoke all former Wills Codicils and other testamentary dispositions by me at any time heretofore made and do declare this to be my last Will and Testament first I give and bequeath all and singular my household furniture books linen wearing and other apparel plate chine glass wines liquors monies and securities for money stock in trade and other the goods chattels and effects of a like sort or kind and all other my personal Estate whatsoever and wheresoever which I shall be possessed of at the time of my decease or over which I shall have a disposing power unto my present wife Frances Cicely Gethen my daughter Mary Gethen my daughter Ann the wife of William Henry Parker and my friend John Rose Hall of Manchester their executors administrators and assigns upon the several trusts and for the several ends intents and purposes hereinafter declared of and concerning the same (that is to say) Upon trust that they my said wife and daughters Mary and Ann and the said John Rose Hall and the survivors and survivor of them and the executors administrators of such survivor shall and do as soon as conveniently may be after my decease make sale of and convert into money all such part and parts of my said Personal Estate and Effects as shall not consist of money or securities for money and also collect and get in all book and other debts owing to me at the time of my decease in such manner as they shall deem expedient and for this purpose it shall be lawful and I do hereby authorize them my said trustees and the survivors or survivor of them his or her executors and administrators to compromize or compound or submit to arbitration any debt sum or sums of money which may be owing or appear to be owing to me at the time of my decease and give or allow such reasonable time by way of indulgence for payment of the same or any part thereof as they or he or she in their his or her discretion shall think fit and upon further trust that they my said trustees and the survivors or survivor of them and the executors and administrators of such survivor shall stand and be possessed of all the monies to and by such sale or sales or to be gotten in by the means aforesaid or otherwise under and by virtue of this my Will Upon trust in the first place to satisfy and discharge all such debts as shall be due and owing by me to any person or persons whomsoever by specialty sample contract or otherwise howsoever at the time of my decease or which shall afterwards accrue due and interest for such of the said debts as shall or in their his or her opinion ought to carry interest with full and absolute power to admit or reject evidence of any alleged debt or debts as to them him or her shall seem just and in the next place to pay satisfy and discharge my funeral Expences and the costs and charges of proving this my Will and other incidental and necessary Expences and after payment and satisfaction thereof and of the Legacy or Sum of five hundred pounds which I hereby give and bequeath to my son Thomas Upon trust to place out the surplus of the said trust monies and premises upon real securities at interest in the names of them my said trustees or the survivors or survivor of them or the executors administrators and assigns of such survivor and to alter vary and change the same as and when they he or she shall think fit And upon further trust that they my said trustees and trustee do and shall pay and apply the interest and annual produce of the sum of two thousand pounds further part of the said monies so to be raised and produced by the means aforesaid unto and for the use of my said wife and her assigns for and during her natural life if she continue a widow but not if she shall marry again and from and after the decease or second marriage of my said wife whichever shall first happen the sum so as aforesaid set apart for her benefit shall fall into the Residue of my personal Estate hereinafter disposed of & go and belong to the persons to whom such Residue is given in the manner and subject to the restrictions hereinafter mentioned and as contained And upon this further trust that they my said trustees & the survivors or survivor of them and the executors administrators and assigns of such survivor do and shall stand possessed of the Residue of all the monies to arise and be produced by the means aforesaid In trust and for the use and benefit of all and every my Children (other than and except my son Thomas) who are now living and all and every other my Children or Child by my present wife hereafter to be born or with whom she may be enscient at the time of my decease in equal shares and proportions the shares or share of such of them as are or is or shall be sons or a son to be paid to them or him at their or his respective ages or age of twenty one years and to become vested interests or a vested interest upon each attainment respectively and to be transmissible accordingly and the shares or share of such of them (except my daughters Mary and Ann) as are or is or shall be daughters or a daughter to become vested interests or a vested interest in them or her at their or her respective ages or age of twenty one years and to be transmissible accordingly and to be paid to such person or persons or otherwise to be paid out and invested upon such trusts for such ends intents and purposes as they may said daughters respectively (except the said Mary and Ann) whether Covert of sole shall by deed or Will be paid into their own proper hands for their absolute benefit it being my will and intention that the said shares of my said daughters (except my said daughters Mary and Ann) may be settled and held for their respective sole and separate use and may be at their own sole separate and absolute disposal exclusive of any husband with whom they may respectively intermarry and may not be subject or liable to the debts engagements or control of such husbands respectively And as to the shares of my said daughters Mary and Ann Upon trust that they my said trustees and the survivors or survivor of them and the Executors administrators and assigns of such survivor do and shall lay out and invest the same on real securities at interest and do and shall during the several lives of my said daughters Mary and Ann receive the Dividends Interest and Annual Proceeds of their respective shares and pay the same into the proper hands of them my said daughters Mary and Ann severally for their respective sole and separate use It being my intention that the last mentioned dividends interest and annual proceeds may not be in any manner subject to the Debts Engagements Power Disposal or control of any husband or husbands with whom my said last mentioned Daughters respectively are or may at any time be married And from and after the respective deceases of my said daughters Mary and Ann do to their said capital shares and the securities upon which the same may be invested do and shall stand possessed thereof In trust for all and every the Child of Children of them my said last mentioned daughters respectively (that is to say) the share of each daughter to go to the Child or Children of such daughter equally to be divided amongst such Children if more than one & to be paid and to become vested interest in such Children at their respective ages of twenty one years with benefit of survivorship between such Children and after the death of either of my daughters Mary and Ann in the mean time until her share shall become transferrable to her Children I do declare that my said trustees for the time being do and shall receive the dividends Interest and Income of such share and pay the same for the maintenance and education of such Children respectively or allow the same to accummulate for the benefit of such Children until they attain the age of twenty one years as to my said trustees shall appear most expedient and proper And I hereby appoint my said trustees and the survivors or survivor of them to be the sole Guardians of such Children And I do hereby declare that the receipts of my said daughters Mary and Ann respectively whether covert or sole shall be sufficient discharges to my said trustees their Executors Administrators or Assigns for such capital shares dividends interest and annual proceeds as aforesaid to which they shall or may be respectively entitled under and by virtue of the trust of this my Will or so much thereof respectively as in such Receipts shall be acknowledged to be received provided always and I do hereby declare that in case my said daughter Mary shall depart this life without leaving any Child or Children her surviving Then I do hereby direct that the Dividends Interest and annual proceeds of the share of my daughter Mary of and in my said personal Estate and Effects shall be paid to my said daughter Ann Parker for and during the term of her natural life for her own sole and separate use independant of her said husband And from and after her decease Then to and amongst the Children or Child of the said Ann Parker in such and the same manner and at such and the same time as hereinbefore directed respecting the share hereinbefore bequeathed to the said Ann Parker and her children provided also and I do hereby further declare that if any of my said Children shall die under the age of twenty one years or if my said daughter Ann having attained that age shall die without leaving any Child or Children who shall live to become entitled to a share in the said trust fund under the trusts hereinbefore contained the share of each such Child so dying shall go and accrue unto and equally between such of my said Children (including my son Thomas) as shall be then surviving and the respective Executors administrators or assigns of such of them (if any) as shall be dead having in manner hereinbefore mentioned acquired a vested interest or vested interests in his her or their original portion or portions respectively the representatives of such deceased Child or Children taking only such share or shares as the party represented by them would have taken if living and the surviving shares to be payable at such times and to be subject to the same trusts and directions as are hereinbefore contained respecting the original portions or portions of my said Children respectively and such benefits of survivorship to extend as well to the survivor as to the said original portions And upon this further trust that they my said trustees shall in the mean time after my death and until the said shares of my said Children now living or hereafter to be born or the income thereof respectively as the case may be shall become payable by virtue of the trusts aforesaid receive the yearly interest dividends and income of such shares respectively and pay the same to their guardian or guardians the time being for the maintenance and education of such Children respectively I give and devise unto my wife Frances Cicely Gethen my daughters Mary Gethen and Ann Parker and the said John Rose Hall all my messuage or tenement dwelling and dwelling house hereditaments premises with the appurtenances situate wherein I now reside with the garden situate in Berwell Street in the said City of Hereford And also all that messuage or tenement and dwelling house hereditaments premises with the appurtenances situate in the High Town in the said City of Hereford and now in the occupation of Mr. Charles Watkins Grocer All that my messuage and premises situate in Elm Street near Grays Inn Lane in the County of Middlesex And all that my Messuage or Tenement and Garden and Premises situate in Widemarsh Street in the said City of Hereford which I have recently purchased of the Feofees of the late James Munsey with the appurtenances and all other my real Estate To have and to hold the said messuages or tenements and dwelling houses hereditaments and premises and real Estate unto and to the use of them the said Frances Cicely Gethen Mary Gethen Ann Parker and John Rose Hall their heirs and assigns for ever Upon trust nevertheless that until the same shall be sold and disposed of Pursuant to the directions hereinafter contained to be let and set and manage the same to the best advantage and to receive the rents issues and profits thereof as and when the same shall become due and payable and to pay and apply the same upon the same trusts as are hereinbefore expressed concerning my Personal Estate And upon further trust when any or either of my said sons (except my said son Thomas) shall attain the age of twenty one years to make sale and dispose of the said messuage garden and Premises now in my own occupation to any or either of my said sons who shall attain the said age for such price or prices in money as to my said trustees or trustee shall appear reasonable and so in like manner to make sale or dispose of the said Messuage or Tenement and Premises now in the occupation of the said Charles Watkins to any other of my said sons (except my said son Thomas and the son who shall have purchased the said Messuage Garden and Premises now in my own occupation) for such price or prices in money as as [[sic] aforesaid It being my express intention and desire that the eldest of my said sons for the time being (except my said son Thomas) shall on his attaining the age of twenty one years have the option of purchasing either of my said two messuages and premises and that my next eldest son (except the said Thomas) shall have option of purchasing the other of my two messuages and Premises and that each of my said sons shall in succession and according to his seniority have the like option in the event of the other or others declining to purchase in order that my said sons may have the opportunity of carrying on any trade or business to which they may have been brought up upon the said premises respectively if they my said sons respectively shall think fit so to do And I direct that my said sons shall on their attaining the ages of twenty one years respectively signify in writing under their respective hands to my said trustees for the time being their intention and wish to become the purchasers of the said houses and premises respectively otherwise the said houses and premises shall be sold without regard to the option hereby given to my said sons respectively as aforesaid And it is my wish and I request my said trustees in the letting setting and managing of my said houses and premises in the mean time and until my said sons shall attain their respective ages of twenty one years to prefer as tenants such persons as are most likely to carry out some eligible and lucrative trade or business therein to which my said sons may succeed or into which they may enter as partners upon respectively attaining their said ages of twenty one years and subject to trusts hereinbefore declared I do hereby order declare and direct that my said trustees and the survivors and survivor of them and the heirs of assigns of such survivor shall stand seized of and interested in the said Messuages or Tenements Gardens and Premises either by Public Auction or Private Contract and either together or in Lots to such person or persons and for such price or prices as they he or she shall deem reasonable and proper with full power and authority to purchase in the same at any auction and afterwards to resell the same by public auction or private Contract without being answerable for any deficiency in price And as to the monies arising from any sale or sales of my said messuages or Tenements Gardens and Premises I do hereby declare that my said trustees and the survivors and survivor of them and the executors adm[[inistrat]ors and assigns of such survivor do and shall stand possessed thereof upon and for such and the same trusts and intents and purposes as hereinbefore declared and contained of and concerning my Personal Estate And Whereas by Indenture bearing date the twenty eighth day of October one thousand eight hundred and twenty eight made between William Henry Parker of the City of Hereford Bookseller of the first part Ann Parker his wife (my daughter) of the second part me the said Samuel Moody Gethen of the third part and my daughter the said Mary Gethen and John Easton of the City of Hereford Timber merchant of the fourth part I have covenanted and agreed to pay to my said daughter Ann Parker the sum of fifty pounds yearly and every year during the term of her natural life And to pay within one month after her decease the sum of one thousand Pounds sterling unto the said Mary Gethen and John Easton their Executors Administrators and Assigns Upon certain trusts for the benefit of William Henry Parker the younger Mary Ann Parker and Charles James Parker the three Children of the said William Henry Parker and of my said daughter Ann Now I do hereby declare that the provision so made by the said hereinbefore recited Indenture for the said Ann Parker and her said Children is to be taken in part of the provision hereinbefore made for her and her Children And that all such sums and sum of money as would otherwise become payable to her or her said Children by virtue of this my Will But nevertheless I do hereby declare that it is not my intention that any sum or sums which may be paid or laid out by me to or for the benefit of the said Ann Parker or her said Children during the natural life times of me and the said Ann Parker shall be deemed and considered as part of the provision made for her and her said Children And I do hereby further declare and direct that in case the share hereinbefore provided for my said daughter Ann Parker and her Children shall not amount to the sum of one thousand pounds over and above her said sum of one thousand pounds covenanted to be paid by me under the said recited Indenture then it is my express wish and desire that the said Ann Parker and he Children shall be entitled to and I do hereby give and bequeath to my trustees the further sum of one thousand pounds in lieu of the said share Nut subject to the same trusts and for the same intents and purposes in all respects as are hereinbefore declared and expressed of and concerning the said share on my said real and personal Estates hereinbefore given and bequeathed to the said Ann Parker and her Children I also give and devise unto my said wife Frances Cicely my daughters Mary and Ann and the said John Rose Hall their heirs ex[ecut]ors administrators and assigns the legal Estate of and in all messuages or tenements lands hereditaments and premises whatsoever and wheresoever vested in me either as mortgagee or trustee And I do hereby declare and direct that the said Ann Parker shall notwithstanding her coverture have full power and authority by any deed or deeds to be duly executed by her to join in the sale conveyance and disposal of any part or parts on my said real and personal Estates without the controul or interference of the said William Henry Parker her husband and she shall have full power and authority to act as a trustee in the execution of this my Will in such manner in all respects as if she were a feme sole And I do hereby declare that the provision hereby made for my said wife Frances Cicely Gethen is intended by me to be in lieu bar and full satisfaction of and for all Dower and Thirds at the Common Law or by custom or otherwise which she my said wife can or may have claim or be entitled to into or out of all or any of the messuages lands tenements and hereditaments or other property whatsoever whereof at any time or times during our Coverture or whereof I am now or at my decease shall or may be seized possessed of or entitled to for any Estate of Inheritance in possession or for any other dowable Estate or Interest I do hereby acquit release and discharge my said son Thomas of and from the payment of all and every Debt or Debts Sum and Sums of money which may be out and owing from him to me at the time of my decease and all monies advanced for him except the sum of one thousand and two hundred pounds for which I hold or am to hold his security And I hereby direct that the Legacy of five hundred pounds hereinbefore bequeathed to my said son Thomas shall be applied in part liquidation of the said Debt of one thousand and two hundred pounds if the same shall continue out and owing to me at the time of my death I appoint my said wife Frances Cicely Gethen to be the Guardian of my Children during their Minorities and her Widowhood and upon her death or second marriage I appoint my said daughter Mary and the said John Rose Hall guardians of my said Children in her stead Provided always and I hereby expressly declare that the Receipt and Receipts of my said trustees or the survivors or survivor of them or the heirs executors adm[inistrat]ors or assigns of such survivor shall be a good and sufficient discharge and good and sufficient discharge[[sic] to the purchaser or purchasers of all and any part or parts of my said Messuages or |Tenements and Hereditaments hereby made saleable And also to any persons or person paying or transferring any sums or sum of money or securities upon the trust of this my Will and after such receipts or receipt shall be given such purchaser or purchasers or other person or persons respectively and his her or their executors administrators or assigns shall not be obliged to see to the application of the sum or sums of money or securities which may be so paid or transferred as aforesaid which now or then and for which such Receipt or Receipts shall be given or be answerable for any loss which shall afterwards happen thereto or for any misapplication of nonapplication thereof or of any part thereof provided also and I do hereby declare and direct that it shall and may be lawful for my said trustees and the survivors and survivor of them and the heirs executors and administrators of such survivor from time to time to deduct and retain to and for himself or themselves or herself respectively and also to allow and pay to his their or her co trustees or co trustees by and out of all or any of the said trust money which by virtue hereof or of any of the trusts or powers herein contained shall come to their respective hands all such Costs Charges Damages and Expences whatsoever as they any or either of them shall or may bear pay sustain or expend or be put into or about the Execution of the said trusts or any of them or in the execution of this my Will or in anywise relating thereto which said Costs Charges and Expences shall be regulated and allowed as between Solicitor and Client and not as between party and party And further that they any or either of them my said trustees their any or either respective heirs executors or administrators shall be answerable or accountable for himself and themselves only and respectively and not the one for the other or others of them or for the act or deeds or defaults of the other or others of them but each for himself and herself only and for his or her own acts and defaults and that they any or either of them shall be charged or chargeable with or for such sum or sums of money only as shall actually come to his her or their own respective hands by virtue of any of the trusts aforesaid notwithstanding that any or either of them joining in any receipt or other act for the sake of conformity only or for the greater satisfaction only of the person or persons paying the same and that they any or either of them shall not be answerable for any loss which may happen in placing out all or any of the trust monies upon any freehold security or securities or in changing or varying the same or any part thereof under or in pursuance of the power hereinbefore contained by reason of the insufficiency or deficiency of any security or securities upon which any of such trust monies shall be placed out or in depositing the same in any Bank or Banker’s hands or elsewhere for safe custody or otherwise in the due execution of any of the said trusts or powers save only and except such loss as shall happen or be occasioned by or through their his or her wilful default or negligence And I hereby give and bequeath to my sister Elizabeth Gethen the sum of five pounds to purchase a mourning to the said John Rose Hall the sum of ten pounds and to my daughters Marty and Ann the sum of ten pounds each for the like purpose And lastly I hereby nominate constitute and appoint my said wife Frances Cicely my said daughters Mary & Ann and the said John Rose Hall Executrixes and Executor of this my last Will and Testament In Witness whereof I the said Samuel Moody Gethen the said Testator have to this my last Will and Testament written and contained on this and the eight preceding sheets of paper set my hand and seal (that is to say ) my hand to the eight preceding sheets and my hand and seal to this ninth and last sheet this second day of March in the year of our Lord one thousand eight hundred and thirty two Sam Gethen LS p Signed sealed Published and Declared by the said Testator Samuel Moody Gethen as and for his last Will & Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto F L Bodenham Sol[[icito]r Hereford – Tho Elliott Clerk to Messrs Bodenham & Co – Arthur Vale Assistant to the Testator

A Codicil to be added to my Will Whereas I have lately contracted for the purchase of a Stable and Premises situate in Parker’s Lane near to the Nelson Inn in the said City of Hereford and a piece or parcel of Meadow or Pasture Land situate at or near to Eign Gate in the Parish of All Saints in the said City of Hereford of William Coward Wood Esquire Now I do hereby give and devise the same Stable and Premises and the said Piece or Parcel of Meadow or Pasture Land with the appurtenances thereunto respectively belonging unto the trustees nominated and appointed in and by my said Will and to their heirs and assigns Upon such trusts and for such intents and purposes as are in and by my said Will expressed and declared of and concerning my said real Estate and I do hereby in all other respects ratify and confirm my said Will In witness whereof I have hereunto subscribed and set my hand and seal this second day of May in the year of our Lord one thousand eight hundred and thirty three S M Gethen LS Signed sealed Published and Declared by the said Testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto F L Bodenham Solicitor of Hereford – Thos Hardwick Sol[icito]r Hereford Fredr Thackway his Clerk

A Codicil to be added to my Will I do hereby direct that the trustees of my Will for the time being shall have full powers and authority to employ the sum of five thousand pounds sterling out of my Personal Estate and Effects in the carrying on of the Business in which I am now employed for the use and benefit of my Children by my present wife for in and in such manner for such term or period only as my said trustees may think expedient and proper It being my wish and desire that my said Trustees may relinquish and give up my said business to any one or more of my sons by my present wife or to any other person or persons upon such terms or conditions and at such time or times as they shall think fit And upon my said trustees relinquishing my said business I hereby authorize and empower my said trustees to accept and take from the person or persons who shall take to the same such personal security for all or any part of the stock in trade as they may judge to be expedient or proper And for so long as my said trustees shall continue my said business In hereby authorize and empower them to employ any assistant or assistants in carrying on the same as they may judge necessary and allow all such salaries to any such assistant or assistants or person or persons as they shall think proper And I do hereby declare that I have in my hands the sum of one thousand and fifty pounds which is the separate property of my wife Frances Cicely Gethen and I hereby direct that the same shall be paid to her out of my personal Estate and Effects immediately after my decease for her sole and exclusive use In witness whereof I have hereunto subscribed and set my hand and seal this thirteenth day of July in the year of our Lord one thousand eight hundred and thirty three S M Gethen LS –Signed Sealed Published and Declared by the testator as a Codicil to his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses thereto – Eliza Maria Bodenham – F L Bodenham

A further Codicil to be added to my Will Whereas since the date of the first Codicil to my said Will the Stable and Premises in Parker’s Lane and the piece or parcel of Meadow Land near to Eign Gate have been duly conveyed to or in trust for me my heirs and assigns Now I do hereby in all respects ratify and confirm the devise thereof contained in my said first Codicil and do hereby devise and dispose of the same To such uses and upon and for such trusts intents and purposes as are therein mentioned In witness whereof I have hereunto subscribed and set my hand and seal this fifteenth day of August in the year of our Lord 1834 S M Gethen LS – Signed Sealed Published and Declared by the said testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto P T James Hereford Surgeon – Wm Phillips St Owens Street Baker – F L Bodenham Hereford Solicitor

See No 5 Codicil registered after Act
[Note A Codicil No 4 is not included in the probate copy of the Will and Codicils.]

Proved at London with four Codicils 28th October 1836 before the Judge by the oaths of Frances Cicely Gethen Widow the Relict one of the Executors to whom adm[inistrati]on was granted having been first sworn cy Common duly to admin[iste]r power reserved of making the like Grant to Mary Gethen Spinster and Ann Parker (wife of William Henry Parker) the daughters and John Rose Hall the other Executors

A further Codicil to be added to my Will to my eldest son Thomas Gethen the further sum of one thousand pounds for the purpose of enabling him to establish himself in Business Now I do hereby declare that the Release or Discharge contained in my Will of any Debt or Debts due or owing to me from my said son Thomas Gethen is not intended to apply to the two last sums which I have advanced to him namely the said sum of one thousand pounds and a former sum of one thousand two hundred pounds or either of them but I do hereby revoke and make void the appointment contained in my said Will and Codicils or either of them of my Brother in Law John Rose Hall as a Trustee of my said Will and Codicils or either of them And I do also revoke all devises and bequests made to him jointly with the other trustees in my said Will and Codicils named of all or any part of my real and Personal estates And I do hereby give devise and dispose of all my houses premises tenements goods chattels and all my real and Personal Estate and Effects whatsoever and wheresoever unto my wife Frances Cicely Gethen and my daughters Mary Gethen and Ann Parker the wife of Mr William Henry Parker their heir executors administrators and assigns according to the different nature and quality of the said Estates Upon such and the same trusts and for such and the same intents and purposes as are mentioned expressed and declared of and concerning my real and Personal Estates in or by my said Will and former Codicils or either of them And I do hereby declare that the said Frances Cicely Gethen Mary Gethen and Ann Parker and the survivors and survivor of them and their heirs or adm[inistra]tors of such survivor shall have and be entitled to such and the same powers and authorities in all respects of or concerning my said real and personal Estates as are by my said Will and former Codicils or either of them vested in them jointly with the said John Rose Hall and shall in all things carry on and execute the trusts of my said Will and former Codicils without the intervention of the said John Rose Halll in such and the same manner as if he had not been appointed a trustee in my Will and Codicils or either of them And I do hereby in all other respects ratify and confirm my said Will and former Codicils In Witness whereof I have to this Codicil subscribed and set my hand and seal this twenty fifth day of August in the year of our Lord one thousand eight hundred and thirty five – S M Gethen LS – Signed Sealed Published and Declared by the said testator as and for a Codicil to his lat Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto p F L Bodenham Sol[icitor] Hereford – Chas Bodenham Sol[olicito]r Hereford - Thos Hardwick Sol[icito]r Hereford