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The Will of Edward Catherall

 

This is the last Will and Testament

Of me Edward Catherall of No1 Granby Street Edward Street Bethnall Green Road in the County of Middlesex Tailor I direct that as soon after my decease as conveniently may be my Executors hereinafter named do cause all my household furniture Books plate Linen China and other my property of the nature of household furniture whatsoever and wheresoever to be appraised or valued and when that shall have been done that my said Executor shall offer the same at the amount of such valuation to my Children Samuel Edward and Mary Catherall respectively in the order in which their names stand for the price or sum mentioned in such valuation and in case of their declining(?) to purchase the same then I direct the same to be sold in the manner which shall appear to my said Executors most advantageous to my estate and in either case the monies arising from the sale thereof together with all ready money that may be in the house at the time of my decease to be applied in payment of all my just debts ffuneral and testamentary expenses and the surplus (if any) after such payments as aforesaid to be equally divided amongst my children Elizabeth (now the wife of John Darby) Samuel Edward Mary and Eliza and to whom I bequeath the same accordingly

And whereas my brother William Catherall did in and by his last Will and Testament bearing date on or about the twenty second day of November one thousand eight hundred and thirty four give and bequeath unto me all and singular his two leasehold houses situate and being No 4 Cannon Street Road and No 1 John Street Cannon Street Road in the parish of Saint George in the East in the County of Middlesex for the term then to come and unexpired and all and singular other his estate and effects of whatsoever kind and wheresoever the same might be at the time of his decease and such ,Will was duly proved in the Prerogative Court of the Archbishop of Canterbury on or about the sixteenth day of December one thousand eight hundred and thirty four Now as to the said two messuages or tenements so given and bequeathed to me as aforesaid by my said brother I do hereby give devise and bequeath the same two leasehold messuages or tenements with their and every of their appurtenances unto Edmund Phipps of No 11 Charlton Crescent Islington in the County of Middlesex Gentleman and my son Edward Catherall of No 1 Granby Street Edward Street Bethnall Green Road in the same County Silk Weaver their heirs executors and administrators Upon trust to receive the rents issues and other the annual produce thereof when and as the same shall become due and payable and after payment of all my just debts funeral and testamentary expenses to pay and apply the same in and towards the maintenance and education of my dear children Emma and George until they shall respectively attain the age of fourteen years and after my said children Emma and George shall respectively have attained their said age of fourteen years then I direct my said trustees for the time being of this my Will to equally divide and pay the rents issues and profits of such two Leasehold Tenements unto my dear children Elizabeth Darby Samuel Edward Mary Eliza Emma and George Catherall until the youngest of my said children who shall be living at the time of my decease shall have attained the age of twenty one years when my will and desire is that such Leasehold Tenements shall either be sold by public auction or private contract for the best price that can be obtained for the same and the money arising from such sale equally divided amongst all my said children Elizabeth Samuel Edward Mary Eliza Emma and George their heirs executors administrators and assigns or if my said Executors and Trustees for the time being shall deem it most advantageous for the benefit of my said children that such Leasehold Property should still remain in trust then my will and desire is that my said Executors and Trustees so let the said Leasehold property at hire and pay the rents issues and other the annual proceeds thereof unto my said children Elizabeth Samuel Edward Mary Eliza Emma and George their heirs executors administrators and assigns in equal shares until such time as my said Executors and Trustees for the time being shall deem it prudent to sell the same and make such division as aforesaid provided always that should my said Executors and Trustees for the time being of this my Will during the period which my said children Emma and George shall be in attaining the age of fourteen years find the rents issues and annual proceed arising from the Leasehold property more than sufficient for the purpose of educating and maintaining my said children Emma and George then my will and desire is that my said Executors and Trustees do .... in every year or oftener equally divide any surplus that may remain after the purpose aforesaid amongst my dear children Elizabeth Samuel Edward Mary and Eliza their heirs executors administrators and assigns and as to for ,and regarding any further benefit or advantage I may at any time derive or that may come to the hands of the Executors and Trustees for the time being of this my Will under and by virtue of the Will of my said late brother William Catherall I give devise and bequeath the same unto my said Executors and Trustees upon trust to divide the same amongst all and every my said children above named their executors admons  and assigns share and share alike provided also and my will and desire is that should any or either of my said children depart this life under the age of twenty one years unmarried and without leaving issue that the share or shares of such child or children so dying shall be divided equally and amongst all and every of my said other children who shall be living at the time of the decease of such child or children so dying share and share alike provided also and I direct that if either of them the said Edmund Phipps and Edward Catherall or either of their heirs executors or admons or any trustee or trustees to be appointed in the place of any of them shall die or desire to be discharged from or shall refuse to act or become incapable of acting in the trusts of this my Will at any time or times before such trusts shall be fully performed and executed it shall be lawful for the trustee or trustees for the time being to nominate and appoint any other fit person or persons to be a trustee or trustees in the place and stead of him or them respectively so dying or desiring to be discharged from or refusing to act or becoming incapable of acting in the said trusts that when and so often as any such new trustee or trustees shall be so nominated or appointed as aforesaid the old . trustee or trustees shall convey and assign the said trust property for all his or their estate and interest therein so and in such manner as the same may become and be legally and effectually vested in the surviving or continuing trustee and such new trustee jointly or in such new trustee or trustees only as the case may be to the uses upon the trusts and to and for the .... intents and purposes and under and subject to the provisoes declarations and directions hereinbefore declared or expressed of and concerning the same or such of them as shall be then subsisting or capable of taking effect and such new trustee or trustees shall and may act in the execution of the said trusts in such and the same manner to all intents and purposes and to be invested with and have such and the like powers and authorities as if he or they had been originally named a trustee or trustees for such purposes by this my Will and I hereby nominate and appoint the said Edmund Phipps and ... Edward Catherall Executors of this my will and I direct and declare that the said Edmund Phipps and Edward Catherall or either of them or any new trustee or trustees who shall be nominated and appointed as aforesaid or the heirs executors or administrators of either or any of them shall not be answerable or accountable by virtue of or under the trusts hereby reposed or in pursuance hereof to be reposed in them respectively any otherwise than each person for his own actual receipts acts neglects and wilful defaults and that they or others or any of them shall and may by or out of any monies which shall come to their hands respectively by or virtue of this my will defray or retain to and reimburse themselves and each other all such costs charges and expenses as they respectively shall or may incur pay or sustain in or about the execution or by means of the trusts hereby in them reposed And I hereby revoke all former and other wills and codicils thereto by me made at any time heretofore and declare this only to be my last Will and Testament as expressed and contained in three sheets of paper to the two first sheets whereof I have subscribed my name and to the third and last sheet subscribed my name and set my seal this twenty fourth day of May in the year of our Lord one thousand eight hundred and thirty five     Edward Catherall

Signed Sealed published and Declared by the within named testator Edward Catherall as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto set and subscribed our names as witnesses thereto the day and year above written       John Perkins No 9 Granby Terrace

George Dykes No 11 Edward Street         William Dykes No 11 Edward Street

 

Proved at London the 15th August 1835 before the Worshipful Jesse Ad..... Doctor of Laws & Surrogate by the Oaths of Edmund Phipps & Edward Catherall the son, the Executors to whom admon was granted having been first sworn duly to administer

 

 

This Will was kindly transcribed by Heather, and sent in by Margaret.

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