I William Middleton of Birmingham in the County of Warwick Ironfounder revoking all former Wills do make my last Will and Testament as follow I give devise and bequeath all the real and personal estate over which I have any disposing power or to which I shall be intitled at the time of my decease Unto and To the use of my Sons Henry Charles Middleton Hugh Middleton and Edward Cornelius Middleton for all my estate and interest therein Upon the following trusts namely Upon Trust to sell and convert into money such parts of my Estate and Effects as shall be of a saleable kind and to get in the other parts thereof with full discretionary power to sell by Public Auction or Private Contract together or in Parcels Subject to such terms and conditions as they may think expedient And as to the monies to arise from the sale and getting in of my said Trust estate Upon trust in the first place to pay or retain thereout the expences incident to the execution of the preceding trust also my debts funeral and testamentary expences and then to pay and divide the ultimate surplus unto between and amongst all my children (including my sons hereinbefore named) in equal shares and proportions as tenants in common Provided always and I do hereby Will and direct that in case any children shall die in my lifetime leaving issue him or her surviving such issue shall take between them the same share which his or her parent would have taken if living I also direct that the share of my daughter shall not be paid to her absolutely but the same shall be retained by my Trustees and I direct them to lay out the same at interest upon any of the Government funds or on Mortgage or Freehold Leasehold or Copyhold property or on Debentures of any Railway Canal or other Company paying a dividend with full power to vary and transfer the investment or investments thereof when and as often as they think fit and I direct them to pay the income arising therefrom to my Daughter during her lifetime for her sole and separate use for which her receipts alone shall be effectual discharge And after her death I direct my Trustees to pay and divide the capital and future interest thereof to and among such of the children of my daughter as shall attain the age of Twenty one years or marry in equal shares if more than one I empower my Trustees to pay and apply the income arising from any minor’s presumptive share towards his or her maintenance and education and also to pay and apply the whole or any part of such share for his or her advancement in life I devise all the real estate which shall at my decease be vested in me as trustee or mortgagee to my said trustees subject to the equities affecting the same respectively I empower my said Trustees to give receipts for all monies and effects to be paid or delivered to them and declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the monies or effects therein mentioned I empower my Trustees to compound and allow him for the payment of any debts due to my estate and to settle all accounts between me and any person or persons on such terms as my said trustees shall in their discretion think expedient and to refer any matters in difference relating to my affairs to Arbitration I exempt any trustee of my Will from liability for losses occurring without his own willful default and authorize him to retain and allow to his Cotrustee or Cotrustees all expences incidental to the Trusteeship I hereby Appoint my said Three Sons Henry Charles Middleton Hugh Middleton and Edward Cornelius Middleton Executors of this my Will and I think it right to state that I have not appointed my other Two Sons Executors of this my Will not for any want of confidence I have in them but simply because they are now residing in Australia and consequently could not attend to my affairs I think it also right to state that I have not included any provision for my dear Wife by this my Will because I have already (sufficiently I hope and trust) provided for her by deed In witness whereof I the said William Middleton have hereunto set my hand this fourteenth day of December One thousand eight hundred and sixty five William Middleton
 
(Attestation Clause)
 
W.A Holden Solicitor Birmingham
John Gibson Wheeler Street
 
This is a Codicil to the last Will and Testament of me William Middleton Whereas I am desirous of bequeathing all my household furniture and effects unto my wife Jane Middleton Now I hereby give and bequeath unto my said wife All my household furniture plate linen china glass pictures and other effects of the like sort or kind and all consumable stores and provisions for her absolute use and benefit And save so far as my Will is altered by this Codicil confirm my Will in other respects In witness whereof I have hereunto set my hand this fourth day of January One thousand eight hundred and sixty eight William Middleton
 
(Attestation Clause)
 
H.A. Holden Solr Birmingham
 
Henry Samuel Fernley Wheeler Street
 
On the twelfth day of April 1869 the Will with the codicil hereto of William Middleton of Wheeler Street in the Parish of Aston juxta Birmingham In the County of Warwick Ironfounder deceased who died on the 23rd day of November 1868 at Wheeler Street aforesaid was proved in the District Registry attached to her Majesty’s Court of Probate at Birmingham by the Oaths of Hugh Middleton of High Street Aston juxta Birmingham in the County of Warwick Engineer and Edwin Cornelius Middleton of Over Whitacre in the County of Warwick Surveyor the Sons two of the Executors named they having first sworn duly to administer Power being reserved to Henry Charles Middleton the Son also the other Executor
 
Effects under £450 No Leaseholds

This Will was kindly transcribed and sent in by Ros.

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