Nat Gould

Will Of John Wilson 1832

Will of John Wilson 1832

Most of the Will concerns the setting up of a trust for his great-niece Elizabeth the daughter of his niece Mary Ann Wayte, and in default successively for nephew Ambrose Moore 1788-1873 and heirs, nephew Melvil Wilson 1799-1868 (son of his late brother Thomas Wilson of London) and heirs, nephew Forrester Wilson 1812-1878 (half-brother of Melvil Wilson) and heirs, nephew Fletcher Wilson (son of his late brother Stephen Wilson) and heirs, and in default of all these to the testator's "own right heirs for ever".

A trust was also set up "for the three children of my late niece Jane Stevenson (the wife of Mr Stevenson now or late of Derby Draper)". She was the daughter of his deceased brother Stephen Wilson 1761-1814. She had married George Stevenson in 1823 but had died on 19 January 1828. Her three children were Mary Jane Stevenson 1824-1909, George Wilson Stevenson 1825-1889, and Joshua Stevenson 1825-1906.

Four trustees were appointed, all resident in Derbyshire, who were also the executors :
1. George Wayte of Twyford, gentleman. Relationship not stated, but in fact the husband of his niece Mary Ann Wayte.
2. William Gould 1755-1845 of Hanson Grange, his cousin.
3. Thomas Briggs of Derby, mercer and draper.
4. John Henshaw of Weston-upon-Trent, yeoman.

They were bequeathed £100 each. Other legacies were to Ambrose Moore (nephew) £5,000; Ann Wilson and Susan Wilson of Derby (nieces) £2,000 each; Stephen Garton, who resided with him (kinsman) £50; Thomas Hulland of Eggington (friend) £100; Charles Crossley of Bristol (schoolmaster) £50 plus release from the debts he owed the testator; George Wayte of Twyford (relationship not stated, a trustee and executor) another £500; Thomas Hickson of Derby (gentleman) £50; Francis Shaw of Derby (corn merchant) £50; Mary Munrow of Duffield (cousin) £50; Mrs Mary Shaw (formerly Hickson) wife of Francis Shaw £50; and William Brown or Mansfield (servant) £10.

The Codicil made on 3 February 1834 changed the list of trustees and executors by deleting William Gould and John Henshaw and adding Thomas Gould 1800-1878 of Hanson Grange, making three in number. £500 more was added to the £2,500 already provided for the trust fund. No legatee was now to have anything until any debts owed by them to the testator were repaid, except for schoolmaster Charles Crossley. Legacies of £50 each were also to be paid to his friend John Henshaw and sister Catherine Henshaw who resided with her brother.

The probate copy runs to thirteen pages, some of which are difficult to read. However the worst section is not significant for genealogical purposes, and concerns the detailed management of a trust. A transcription of the opening passage, which is the most relevant for these purposes is as follows:

"This is the Last Will and Testament of me John Wilson of Stenson in the County of Derby Gentleman In the first place I direct the payment of my just debts funeral and testamentary expenses by my executors hereinafter named I give and bequeath the several legacies as herein after mentioned to be respectively paid at the date of twelve calendar months next after my decease that is to say To my nephew Ambrose Moore of Derby Gentleman the sum of five thousand pounds To my nieces Ann Wilson and Susan Wilson both of Derby the sum of two thousand pounds each To my Kinsman Stephen Garton residing with me the sum of Fifty pounds To my friend Thomas Hulland of Eggington the sum of one hundred pounds To my friend Charles Crossley of the City of Bristol School Master the sum of Fifty pounds and I hereby give forgive and release unto him the further sum of Fifty five pounds due from him to me on note together with all interest that may be due thereon at the time of my death To George Wayte of Twyford Gentleman the sum of five hundred pounds exclusive of the sum of one hundred pounds hereinafter next bequeathed to him as one of the trustees and executors of this my Will To the said George Wayte My Cousin William Gould of Hanson Grange near Ashborne Thomas Briggs of Derby Mercer and Draper and John Henshaw of Weston upon Trent Yeoman the sum of one hundred pounds each To Thomas Hickson of Derby aforesaid Gentleman and Francis Shaw of the same place Corn Merchant the sum of Fifty pounds each To my Cousin Mary Munrow of Duffield the sum of Fifty pounds To Mrs Mary Shaw (late Mary Hickson) wife the said Francis Shaw the like sum of Fifty pounds to be paid to her exclusive and free from the control of her husband and for which her receipt alone shall be a sufficient discharge and to the said George Wayte William Gould Thomas Briggs and John Henshaw their executors administrators and assigns the sum of two thousand five hundred pounds upon the trusts and for the intents and purposes hereinafter mentioned I also give and bequeath to the said George Wayte William Gould Thomas Briggs and John Henshaw their executors administrators and assigns the sum of three hundred pounds to be paid to them as soon as conveniently may be after my decease In trust for the three children of my late niece Jane Stevenson (the wife of Mr Stevenson now or late of Derby Draper) as hereinafter mentioned And I also give and bequeath to my faithful; servant William Brown (or Mansfield) the sum of ten pounds to be paid within one calendar month next after my decease And I will and direct that they the said George Wayte William Gould Thomas Briggs and John Henshaw and the survivor or survivors of them his executors administrators and assigns do and shall lay out and invest the said sum of two thousand five hundred pounds in their of his names or name in the Parliamentary stocks or funds of Great Britain or at Interest on Government or real security or securities and do and shall from time to time at their or his discretion alter vary and transpose the same or any part or parts thereof for and into other stocks funds and securities of a like nature And I do hereby declare that the said George Wayte William Gould Thomas Briggs and John Henshaw and the survivor and survivors of them his executors administrators or assigns shall stand and be possessed of and interested in the said trust sum of two thousand five hundred pounds and the stocks funds and securities for the same upon the trusts and to and for the several intents and purposes as hereinafter mentioned expressed or declared and concerning the same that is to say In trust during the natural life of my great niece Elizabeth daughter of my said niece Mary Ann Wayte ---."

Codicil 1834

The Codicil made on 3 February 1834 changed the list of trustees and executors by deleting William Gould and John Henshaw and adding Thomas Gould 1800-1878 of Hanson Grange, making three in number. £500 more was added to the £2,500 already provided for the trust fund.
No legatee was now to have anything until any debts owed by them to the testator were repaid, except for schoolmaster Charles Crossley. Legacies of £50 each were also to be paid to his friend John Henshaw and sister Catherine Henshaw who resided with her brother.