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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 |