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The Will of Benjamin Bird – Died 2nd January 1845

 

Page 1

 

WILL

 In the Bishops Court of Lichfield

 In the Goods of Benjamin Bird Deceased.

 

   Appeared Personally Susannah Bird of Coventry Widow, William Bird of the same place - Weaver and John Howell of the same place – Coal Dealer. The Executors named in the last Will and Testament of the said Benjamin Bird – late of Coventry in the County of Warwick. – Weaver  Deceased; who died on or about the second day of  January One Thousand Eight Hundred and Forty Five and made Oath, that the Estate and Effects of the said Deceased, for, or in respect of which, a Probat of the said Will is to be granted, exclusive  of what the said Deceased may have been possessed of, or entitled to, as a Trustee for any other person or persons, and not beneficially but including the Leasehold Estate or Estates for Years of the Deceased, if any, whether absolute or determinable on Lives, and without deducting any thing on account of the Debts, due and owing from the said Deceased, are under the value of One Hundred Pounds, to the best of these Deponent’s knowledge, information and belief.

 

Sworn on the 4th Day of April 1845            Susannah Bird – (Signed here).

                                                              The mark of William Bird.

                                                                      John Howell – (Signed here).

 

F. T. Blackburne (Looks Like)

        Surrogate.   (Signed here)

 

Page 2

This is the Last Will and Testament of me Benjamin Bird of the City of Coventry Weaver which I make ordain and publish in manner following (that is to say) First I will and direct that all my just debts Funeral Expences and the Expences of proving this my Will shall be fully paid and satisfied. I give devise and bequeath to my son William Bird of the said City of Coventry Weaver and my Son in Law John Howell of the same City Collier their Heirs Executors Administrators and assigns ALL my Hefsuages or Tenerments Lands Hereditaments and premises live and dead stock and also all my household goods and furniture and all other my real and personal property whatsoever and wheresoever of which I may be pofsefsed of or entitled to at the time of my decease Upon Trust that they the said William Bird and John Howell or the survivor of them or the Heirs Executors or Administrators of such survivor shall and do permit my wife Susannah Bird to receive the rents ifsues and profits of my said real estate and also the income and use and enjoyment of my said personal estate for and during the term of her natural life, and after her Decease shall and do pay the expences of her Funeral thereout And upon further Trust that the said William Bird and John Howell or the survivor of them or the Heirs Executors or Administrators of such survivor shall and do within twelve calendar months after the Decease of my said wife sell and dispose of my said real and personal Estate or such part thereof as shall not consist of Money or Securities for money either by public auction or private contract for the most money and best price or prices that can be reasonably had or gotten for the same and shall and do pay and divide the money arising from such sale or sales as also all other monies to be received or got in by virtue of this my Will equally amongst my children namely Susannah the wife of William Stafford of the said City of Coventry, Watchmaker, Thomas Bird of the same City, Weaver, Isaac Bird of Stoke in the County of the said City, weaver, the foresaid William Bird, Charlotte the wife of John Noon of the said City, Watchmaker, Hannah the wife of the aforesaid John Howell, Ann the wife of John Malin of the said

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City of Coventry Watch Gilder, John Bird of the City of London Watchmaker, and Maria Bird, and Fanny Bird both now residing with me to whom I give and bequeath the same, And my Will and meaning is that the share given and bequeathed to my said Daughter Charlotte shall be paid into her own hands and shall not be subject or liable to the Controul Debts or Engagements of her present or any future Husband And in case of the death of my said Daughter Charlotte in the lifetime of my said wife I direct that the share given and bequeathed to her shall be paid to her Son John Noon And in case of the death of my Daughters Susanna, Hannah and Ann or any or either of them in the lifetime of my said wife then I direct that the share of such Daughter or Daughters shall be paid to her or their Surviving Husband or Husbands for the benefit of themselves and their children. And in case such Husband or Husbands shall also die in the lifetime of my said wife then I direct that the Share of him so dying shall be paid to his child or children, if more than one living share and share alike and if but one then to such only one And in case of the death of any or either of my Sons in the lifetime of my said wife then I direct that the share of such Son or Sons so dying shall be paid to his or their surviving wife or wives for the benefit of themselves and their children. And in case such wife or wives shall also die in the lifetime of my said Wife. Then I direct that the share or shares of her so dying shall be paid to her child or children if more than one living share alike and if but one then to such only one And I do hereby declare that the receipt or receipts of the said William Bird and John Howell or the survivor of them or their heirs Executors or Administrators of such survivor to any person or persons who shall become the purchaser or purchasers of my said real and personal Estates for his her or their purchase money or any part thereof shall be a sufficient discharge or discharges for so much money as in such receipt or receipts shall be expressed to be received and that after takeing such receipt or receipts such purchaser

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Or purchasers shall not be obliged to see to the application or be answerable or accountable for the misapplication or nonapplication of the same monies respectively or any part thereof. I nominate and appoint my said Wife and the said William Bird and John Howell Executrix and executors of this my Will and do hereby revoke and make void all former and other Will and Wills by me at any time heretofore made and do declare this and this only to be my last Will and Testament.

In Witness whereof I the said Benjamin Bird the Testator have to this my last Will and Testament written and contained in three sheets of paper set and put my hand and seal in a manner following (that is to say) to the first two sheets thereof my hand only and to this third and last sheet. My hand and seal this twelfth day of September One Thousand eight hundred and thirty five

 

Signed Sealed published and declared               Benjamin Bird  ( SEAL)

By the above named Benjamin Bird the                         (Signature)

 

Testator as and for his last Will and Testament in the presence of us who

At his request in his presence and In the presence of each other have 

Hereunto subscribed our names as

Witnesses.

The words “Fanny Bird” being  first written on an erasure.

 (The following Signatures)

                                     William Moore

                                     William Handle

                                      Joseph Rainbow

                                             At Coventry 4th April 1845.

 

             Let a Probate of this Will be granted to Susannah Bird Widow

 

William Bird and John Howell the joint Executors named therein

They being duly sworn and also that the Personal Estate of the deceased Would not amount in value to the sum of  £100

                                                                  Before me F. T. Blackburne

                                                                                             Surrogate

Testator died  2nd July 1845                                                                                             

 

 


 

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