Help with Will dated 1867 Please

[sallyduk]

Hi

I'm back again with another Will I would like some help with! 

Here is the first part....


 1.  This is the last Will and Testament
 2.  of me Samuel Hemmings of  --- Road? in --- in the County
 3.  of York?? --- --- --- I appoint my dear wife Rachael??  Hemmings
 4.  my brother William Hemmings of Tipton? in the County of Stafford
 5.  and my Nephew --- of Goldsgreen? near West Bromwich? in
 6.  the County of Stafford to be trustees and executors of this my Will
 7.  and guardians of my infant children I devise and bequeath unto
 8.  my trustees all my real and personal estate and effects whatsoever
 9.  and wheresoever as? to estates vestes in me as trustee or mortgagee
10. upon trust to dispose thereof according to the equities affecting the same
11. respectively And as to estates belonging to me beneficially upon trust to
12. dispose thereof according to the direction? thereinafter containes? that is
13. to say I direct my trustees to permit my said wife Rachael? Hemmings
14. to have the use and enjoyment of my household furniture and effects
15. during? her life in case she shall so long? continue my widow and not
16. marry again and also to pay unto or permit her to receive during
17. the same period the rents? of my real and --- property and the
18. annual income of the residue of my personal property she thereout
19. keeping my real and --- property in good ?able repair in
20. reasonable wear and tear excepted and also insured against damage

[veeblevort]

Hi Sally,
here is my effort. It was mostly a matter of removing question marks
because I agreed with you. 

1.  This is the last Will and Testament
2.  of me Samuel Hemmings of  Cam/Clim(?) Road in Sheffield in the County
3.  of York Iron Stock Baker I appoint my dear Wife Rachael Hemmings
4.  my Brother William Hemmings of Tipton in the County of Stafford
5.  and my Nephew John Binns? of Goldsgreen near West Bromwich in
6.  the County of Stafford to be Trustees and Executors of this my Will
7.  and Guardians of my infant children I devise and bequeath unto
8.  my trustees all my real and Personal Estate and Effects whatsoever
9.  and wheresoever As to estates vested in me as trustee or mortgagee
10. upon trust to dispose thereof according to the equities affecting the same
11. respectively And as to estates belonging to me beneficially upon trust to
12. dispose thereof according to the directions hereinafter contained that is
13. to say I direct my trustees to permit my said wife Rachael Hemmings
14. to have the use and enjoyment of my household furniture and effects
15. during her life in case she shall so long continue my Widow and not
16. marry again and also to pay unto or permit her to receive during
17. the same period the rents of my real and leasehold property and the
18. annual income of the residue of my Personal Property she thereout
19. keeping my real and leasehold property in good tenantable repair
20. reasonable wear and tear excepted and also insured against damage


Can't make any sense of his occupation (3)

Think it's Golds Green now if it still exists (5)
There is a Golds Green House, Hill Top Estate West Brom.

[sallyduk]

Hi veeblevort

Thanks very much for your help, it's much appreciated. 

Samuel's occupation on a couple of the census was down as  'Stocktaker Iron Works' so do you think where you have Baker it could be Taker?

This next part I found a bit more difficult 


21. by fire in the names of my trustees in --- amounts as they will?
22. from time to time ?wider --- and also maintaining and duration?
23. my children for the time being? under the age of twenty one years
24. not --- or --- --- --- I direct my trustees to --- an
25. inventory to --- --- or my --- furniture and --- --- the
26. delivery thereof? to my said wife and --- --- of --- inventory to
27. be --- by my said wife of --- --- so --- one shall be
28. --- to her and --- --- --- rest of my other trustees ---
29. my --- trustees at any time or times --- the --- of my said
30. wife if they --- --- it --- to --- all or any part of my real?

[veeblevort]

Hi Sally,

Yes, 'Taker' makes a lot more sense. I believe you are right.
It's just like the very first letter of the document, and also matches
the capital 'T' of 'Trustees'.

[veeblevort]

Hi Sally,

Here's some more plus an extra line.
I have no confidence in the two words marked with a '?',
although they seem appropriate, I don't see them properly.

21. by fire in the names of my trustees in such amounts as they shall
22. from time to time consider desirable and also maintaining and educating
23. my children for the time being under the age of twenty one years
24. not being or having been married I direct my trustees to cause an
25. inventory to be taken of my household furniture and effects before the
26. delivery thereo[f] to my said wife and two copies of such inventory to
27. be signed by my said Wife Rachael? copies so signed one shall be
28. delivered to her and one other be kept by my other trustees i authorise
29. my chosen? trustees at any time or times during the life of my said
30. wife if they shall deem it desirable to sell all or any part of my real
31. and personal property and household furniture and effects and I direct

[sallyduk]

Hi veeblevort

Thanks very much for your help with the 2nd part.   I'm too not sure if Rachael is correct on line 27, at first I thought it looked like solicitor but doesn't the last 4 letters look like 'iter'?


Here is my attempt at part 3 but I must admit I'm struggling again! - thanks for doing line 31 :-)


31. and personal property and household furniture and effects and I direct
32. that after the death or next marriage of my said wife whichever shall
33. --- happen my trustees shall --- my --- and household property
34. and household furniture and effects --- for the purposes --- &
35. --- that they shall have a power of --- --- over all or
36. any --- from time to time --- --- the trusts of this my
37. Will without the --- of any other person --- --- --- that in
38. --- my said wife shall --- again my trustees shall --- and
39. after her next marriage invest --- --- --- of the --- ----
40. --- estates and effects --- to the --- for investment hereinafter
41. contained and shall pay the annual income of –-- part only and of
42. --- --- funds and --- where? the same shall be invested into

[Hephzibah]

37. will without the consent of any other person and or dir[ecti]on? that in
38. case my said wife shall marri again my trustees shall reviu?(review) and
39. after her next marriage invest out of this part of the net proceeds &
40. in estates and _____pursuant to the chanse? for investment hereinafter
41. contained and shall pay the annual income of such part only and of
42. the _____ funds and securities whereon the same shall be invested into

My 33-36 attempt has stumbled on the same words as you have!
Note the above question marks in lines 37, 38 & 40

[JenB]

Is the missing word in line 42 'stocks'??


the stocks funds and securities whereon the same shall be invested into

??

Also, should not line 39 read

after her next marriage shall invest one third part of the net proceeds

Jennifer

[veeblevort]

Hi Sally,

Here you go.

32. that after the death or next marriage of my said Wife whichever shall
33. first happen my trustees shall sell my real and household property
34. and household furniture and effects And for the purposes aforesaid I
35. declare that they shall have a power of fair governing over all or
36. any hereditaments from time to time subject to the trusts of this my
37. Will without the consent of any other person And I direct that in
38. case my said Wife shall marry again my trustees shall from and
39. after her next[interlined] marriage invest one third part of the net proceeds of
40. my estates and effects pursuant to the clause for investment hereinafter
41. contained and shall pay the annual income of such part only and of
42. the stocks funds and securities whereon the same shall be invested into