1840 - The will of John Turner


In the Name of God Amen. I John Turner of Heath Green in the Parish of Birmingham in the County of Warwick Esquire being in good health of body and of sound and disposing mind memory and understanding for which thanks be rendered to Almighty God and considering with myself the certainty of death and the uncertain hour thereof do make and declare this my last will and testament in manner following that is to say first I direct that all my just debts funeral expenses and the expenses of proving and executing this my will be fully paid by my Executors out of the residue of my personal estate
I give to my dear wife Susan fifty pounds I give to each of my children living at my decease Twenty pounds I give to the two daughters of my late son John Ten pounds apiece To my sisters Mary Testar + Ann Hitchens I give Nineteen pounds nineteen shillings apiece To the family of my said sister Mary Testar I give Nineteen pounds nineteen shillings equally to be divided amongst them and to the family of my said sister Ann Hitchens I give Nineteen pounds nineteen shillings equally to be divided amongst them To my son in law William Stothart I give Twenty five pounds All which legacies are given by me for mourning
And I give and bequeath to my said dear wife the sum of Three hundred pounds for her own immediate use previously to the annuity hereinafter given to her becoming due and exclusive of the same
To my sons William James Samuel and Henry Turner + the survivors and survivor of them and the exors and admors assigns of such survivor I give the sum of Eight hundred pounds upon trust to pay distribute and divide the same equally between the two daughters of my late son John when and as they shall severally and respectively attain the age of twenty one years the interest dividends and annual income thereof in the meantime to be applied in such manner as my said trustees shall think proper for and towards the maintenance education and bringing up of such two daughters and in case either of them shall depart this life under age without leaving lawful issue then the share of her so dying aforesaid shall go to the survivor of them And in case both such of daughters shall die under age without issue then I direct that the said sum of Eight hundred pounds shall sink into and be considered as part of the residue of my personal estate and be disposed of therewith but in case either or both of such daughters shall die under the age of twenty one years leaving lawful issue then I trust to pay and apply the part or share parts or shares of her or them so dying unto such her or their issue share and share alike if more than one when and as they shall severally and respectively attain their several and respective ages of twenty one years the interest thereof in the meantime and if necessary all or any part of the principal to be applied by my said trustees for or towards their maintenance education placing apprentice and support in such manner as my said trustees shall see fit
I give and bequeath unto my respected friends Samuel Jarves of Handsworth in the County of Stafford Esquire my son in law William Stothart of Bath and my son William Hammond Turner the sum of four thousand pounds in addition to the interest of the sum of four thousand pounds already secured to her my said wife by our marriage settlement To hold to them my said trustees and the survivors and survivor of them his exors and admors upon trust to permit and suffer the same or any part thereof to be and remain in the hands of my sons William James Samuel + Henry at interest upon such security and during so long as the same shall appear to my said trustees or the major part of them to be safe and from time to time to call in the same or any part thereof and place the same securities out at interest upon Government or good freehold or leasehold security or securities + pay the interest dividends and annual produce thereof unto my said wife for and during her natural life for her sole and separate use by equal quarterly payments the first whereof to be made at the end of three calendar months next after my decease which two sums of four thousand pounds each making together eight thousand pounds are now in the hands of my four eldest sons and hereinafter by me disposed of
And as to for and concerning the said two several sums of four thousand pounds and four thousand pounds the interest whereof will belong to my said wife under the said settlement and this my will making together Eight thousand pounds
I give and bequeath the same after the decease of my said wife in manner following One thousand six hundred pounds part thereof I give to my son William One thousand six hundred pounds other part thereof I give to my son James One thousand six hundred pounds other part thereof I give to my son Samuel six hundred pounds other part thereof I give to my son Henry and two thousand six hundred pounds remaining part thereof I give to my son Alexander To my daughter Jane Adcock I give the sum of Two thousand three hundred pounds to and for her own use and disposal
To my son in law William Stothart my son Henry Turner and the said Samuel Jarves I give the sum of Two thousand pounds upon trust that they or the survivors or survivor of them do and shall pay distribute and divide the same equally between and amongst the four children of my late daughter Marianna Stothart when and as they shall severally and respectively attain the age of twenty one years the interest dividends and annual income thereof in the meantime at first shall be paid into the hands of their father for their maintenance education and support and in case any or either of them shall depart this life under age without issue then the share or shares of him her or them so dying as aforesaid shall be paid and divided equally between and amongst the survivors of them share and share alike but in case any or either of the children of my said late daughter shall die under the said age of twenty one years leaving lawful issue then I trust to pay and apply the part or share parts or shares of him her or them so dying unto such his her or their issue share and share alike when and as they shall severally and respectively attain their several and respective ages of twenty one years the interest in the meantime and if necessary all or any part of the principal to be applied for their maintenance education placing apprentice and support in such manner as my said trustees shall see fit
I give and bequeath unto the said William Stothart Henry Turner and Samuel Jarves All my share and interest in the Manufactory in Snow Hill in Birmingham with the appurts thereto belonging
And also all that my freehold messuage lands and premises called Heath Green situate at Birmingham Heath in the county of Warwick now in my own occupation part of the property I purchased of George Glover Hurst Esquire
Also all that small piece of land containing about half an acre situate at or near Birmingham Heath aforesaid being part of the Croft I purchased of the late William Whateley attorney to hold the same with the appurts unto and to the use of the said William Stothart Henry Turner + Samuel Jarves their heirs exors and admors assigns according to the different natures and tenures of the said estates upon the trusts hereinafter expressed and declared of and containing the same that is to say upon trust that they my said trustees or the survivors or survivor of them or the heirs exors and admors of such survivor do and shall at such convenient time or times after my decease as they shall think fit absolutely sell + dispose of the same heredits and premises by public auction or private contract either together or in lots for the most money and best price or prices that can or may be reasonably had or gotten for the same
And as to the monies arising from such sale or sales and the rents issues and profits of the said premises in the meantime and until the completion of such sale or sales I direct that the same shall constitute and be considered as part of my personal estate and it is my will that my said trustees do and shall before they shall dispose of the said premises in Snow Hill make an offer of the same to my four eldest sons at the price or sum of one thousand pounds + in case they shall refuse to purchase the same at that price then I direct the same to be sold and disposed of as hereinbefore is directed
I give devise and bequeath unto my son Samuel Hammond Turner and to his heirs and assigns for ever All that my messuages lands and premises with their appurts situate at Birmingham Heath aforesaid lately occupied by Joseph Phipson and now in the occupation of my son Samuel and which were devised to me by the will of my late Uncle Samuel Hammond deceased
I give and devise unto the said Samuel Jarves William Stothart and Samuel Hammond Turner All that my freehold messuages lands and premises with the appurts (except the said small piece of land part of the said croft so devised to be sold as aforesaid) situate at or near Birmingham Heath aforesaid and now in the occupation of Joshua Tholefield the younger and which I purchased of the late William Whateley Attorney To hold the same to them my said trustees their heirs and assigns upon trust that they or the survivors or survivor of them or the heirs of such survivor do and shall (in case no conveyance or assurance of the same premises shall be made by me in my life time to my said son William Hammond Turner to whom I sometime since sold the same and received the whole purchase money thereof) at the request costs and expense of my said son William Hammond Turner his heirs or assigns convey or assure the said messuages land and premises so devised to them as aforesaid unto and to the use of my said son William Hammond Turner his heirs or assigns to such other person or persons and to for and upon such uses and trusts and in such manner as he my said son William Hammond Turner his heirs or assigns shall direct
And it is my will and I do hereby direct that each of my sons William and James Turner shall pay to my said sister Marty Testar Twenty pounds per annum during her life by four equal quarterly payments and that each of my sons Samuel and Henry shall pay to my said sister Ann Hitchens Twelve pounds ten shillings per annum during her life by the like quarterly payments out of the bequests hereinbefore given to them my said sons
And as to the One hundred shares I hold in the Birmingham Banking Company I give and bequeath the same equally between my sons William James Samuel and Henry Turner for their own use and disposal
As to all my horses carriages household furniture plate china bedding linen woollens wine and books (except the books hereinafter given to my wife) I direct my executors to set apart so much and such portion thereof respectively for my said wife as they shall think necessary sufficient and suitable for her station in life and for the house she may occupy after my decease which I give to her for her own use and disposal and the remainder thereof I direct my Executors to sell and dispose of the same either by public auction of private contract and that the money arising from such sale shall be considered as part of my personal estate
I give to me said wife all the books that belonged to her previous to and those she has purchased since our marriage
I give to the same Samuel Jarves William Stothart Samuel Hammond Turner Elizabeth wife of the said Samuel Hammond Turner Mary the present wife of the said William Stothart Miss Jarves daughter of the said Samuel Jarves and Isabella daughter of John Morgan Knott of Birmingham I give xxx Nineteen Guineas each provided always and it is my will that if Samuel Henry Turner son of my late son John shall in the opinion of my four eldest sons prove himself deserving then and in such case I hereby authorise and empower my Executors to pay to him my said grand son out of the residue of my person Estate any sum or sums of money not exceeding in the whole Two hundred pounds as they my said four sons or the survivors of them shall by writing under their hands approve and think proper
I give to my son Samuel Hammond Turner the portrait of my late uncle Samuel Hammond deceased
And as to all the rest residue and remainder of my monies and securities for money personal estate property and effects not hereinbefore by me disposed of I give and bequeath the same equally between and amongst my sons William Hammond Turner James Turner Samuel Hammond Turner Henry Turner and Alexander Turner to and for their own use and disposal And it is my will and I do hereby direct that the receipt and receipts of my said trustees their heirs exors or admors shall be to the purchaser or purchasers of all or any part of the said freehold leasehold and other property to be sold under this my will good and sufficient releases and discharges for his her or their purchase money or purchase monies or for so much thereof as in such receipt or receipts shall be expressed to be received without such purchaser or purchasers being obliged to see to the application of such purchase money or any part thereof by my said trustees or any or either of them provided always and I do hereby will and direct that the several trustees hereby appointed and each and every of them and the heirs exors admors + assigns of them each and every of them respectively shall be charged and chargeable only for such monies as the same trustees shall actually receive not withstanding he or they shall or may give or sign or join in giving or signing any receipt or receipts for the sake of conformity and that any one or more of them my said trustees shall not be answerable or accountable for the other or others of them but each and every of them only respectively for his own acts receipts neglect and defaults respectively and that they any or either of them shall not be answerable or accountable for any banker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited lodged or entrusted for safe custody or otherwise and that they or any of them shall not be answerable or accountable for the rise or fall in the price or value of stocks or the insufficiency or deficiency in title or value of any security or securities on or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other misfortune loss or damage which may happen to the said trust monies and premises or any part thereof in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through his or their wilful default or neglect respectively and then and in that case such person shall singly and alone be answerable for such loss or damage as shall arise from his or their own act or default
And also that it shall be lawful for my said trustees and every or any of them and every of their heirs exors admors + assigns by and out of the said trust monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain to and reimburse himself and themselves respectively and to allow to his and their co-trustees all costs charges and expenses which they or any of them shall or may suffer sustain expend disburse lay out or be put unto in or about the execution of the aforesaid trusts or in relation thereto and lastly I revoke all former and other wills by me at any time heretofore made and do declare this only to be my last will and testament and thereof I appoint the said Samuel Jarves William Stothart and Samuel Hammond Turner joint executors in testimony whereof I the said testator John Turner have hereunto set my hand this tenth day of October in the year of our Lord One Thousand eight hundred and thirty nine – John Turner – Signed – and declared by the above named testator and as for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Wm Palmer Wm Palmer Jnr

Proved at London 14th Feb 1840 before the Judge by the oaths of William Stothart and Samuel Hammond Turner the ___ two of the Executors to whom Admor was granted having been first sworn by ___ duly to administer. Samuel Jarves Esquire the other Exor named in the said will having renounced the probate + execution thereof (as by acts of Court appears)