Author Topic: Will of Samuel Vallant 1844  (Read 246 times)

Offline Ratty2

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Will of Samuel Vallant 1844
« on: Friday 08 January 21 22:59 GMT (UK) »
Samuel Vallant died 1844 in Birmingham, wife of Elizabeth Withers.
I have managed most of his Will except that in this early section he declares that some property was his illegally. At least that is what it seems to me.
He appears to be leaving his furniture to his wife - lovely - and his money to his sister Mary Ann wife of John Woodward.
 Here's my transcription of the first part:
"I give and devise all my estate whatsoever and bequeath all my effects & estate whatsoever and in my possession consisting of the sum of 35.11 shillings and 11 pence the moiety of the sale of the furniture and effects of the late William Withers by his last Will and Testament bequeathed the use only of the same unto his widow Elizabeth Withers for and being for the term of her natural life and affections in equal moieties portions between his nephew Edwin Withers and his niece Elizabeth Vallant wife of me the said Samuel Vallant without reservations for her separate use and [] household furniture state plate linen and effects so bequeathed was illegally and [] to the towns of the said Will sold by public auction the same [] into [] and which has been since retained by the said Elizabeth Withers "
and the Original section attached.
Many thanks
David
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Offline Bee

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Re: Will of Samuel Vallant 1844
« Reply #1 on: Friday 08 January 21 23:39 GMT (UK) »
"was illegally and contrary to the terms of the said will"

"the same as converted into cash"
Dinsdale, Ellis, Gee, Goldsmith,Green,Hawks,Holmes,  Lacey, Longhorn, Pickersgill, Quantrill,Tuthill, Tuttle & Walker,  in E & W Yorks, Lincs, Norfolk & Suffolk. Census information is Crown Copyright from www.nationalarchives.gov.uk

Offline horselydown86

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Re: Will of Samuel Vallant 1844
« Reply #2 on: Saturday 09 January 21 02:22 GMT (UK) »
...the moiety of the net produce of the sale...

...Withers for and dur
ing the term of her natural life and afterwards in equal...

...separate use and which said...

...Auction and the same * 
converted into cash...


*   The characters at the very end of this line are standard line filler.

ADDED:

...late William Withers who by his last...


Offline Ratty2

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Re: Will of Samuel Vallant 1844
« Reply #3 on: Saturday 09 January 21 02:47 GMT (UK) »
Thanks for those inclusions. It's starting to make sense, thank you.
Towards the end he, I think, bequeaths to his wife "foregivenss."
Is this correct?
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Offline horselydown86

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Re: Will of Samuel Vallant 1844
« Reply #4 on: Saturday 09 January 21 04:21 GMT (UK) »
fforgiveness is correct.

Offline Ratty2

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Re: Will of Samuel Vallant 1844
« Reply #5 on: Saturday 09 January 21 04:48 GMT (UK) »
The last sentences of the Will refer to the Witnesses.
Not quite sure of some words here:
"I nominate and appoint my said sister Sole executrix of this my last Will dated 11th day of September in the year of our Lord 1844 signed Samuel Vallant signed and published by this said Testator Samuel Vallant in his presence and in the presence of [] of us all present together who have subscribed our names as witnesses thereto [ ] after the [  ] having been previously made Francis Williamson Robert Townsend. In the prerogative Court of Canterbury in the goods of Samuel Vallant deceased appeared personally Robert Townsend."
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Offline Ratty2

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Re: Will of Samuel Vallant 1844
« Reply #6 on: Saturday 09 January 21 04:59 GMT (UK) »
Omitted this section. He is trying to make amends. He wants the sum he illegally cashed in now put into trust for he sister:

"I give devise and bequeath all and every my personal estate unto my dear sister Mary Anne and the wife of John Woodward of Birmingham aforesaid Gold and Silver manufacturer including the sum herebefore in [ penal? ] trust to receive the same"
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Offline Bookbox

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Re: Will of Samuel Vallant 1844
« Reply #7 on: Saturday 09 January 21 11:17 GMT (UK) »
... and in the presence of each of us ...

... as witnesses thereto the interlineation after the twentieth line having been ...

... the sum hereinbefore mentioned In special trust ...

(mentioned is split over 2 lines)

Offline Ratty2

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Re: Will of Samuel Vallant 1844
« Reply #8 on: Saturday 09 January 21 23:59 GMT (UK) »
Very grateful for your assistance.
The final request concerns the final section of an extra Testimony by Robert Townsend.
There is a question about a torn piece of paper.
My transcription has:
"the said Testator only executed the said Will by signing his name at the foot or end thereof in the presence of this deponent and of [] Williamson thereupon attested and subscribed the said Will in the presence of the said Testator or the further made Oath that after the paper on which the said Will is written may have formerly been once [ ] of a [ ] cut off from the top thereof yet at the issue of the aforesaid execution of the said Will it was a separate piece of paper and the same as it was [] Robert Townsend On 20 January 1848 the said Robert Townsend was then being sworn to the truth of this Affidavit by virtue of the annexed Commission before [] Rann & Kennedy Commissioner.
Proved at London 24th of January 1848 before the Judge by the Oath of Mary Anne in the Will witnessed [ ] Woodward sister heretofore wife of John Woodward the sister the sole Executrix to whom Admin(istration) was given having first sworn by commission Duty to administer."

Thank you for your patience.
David

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