Saturday, 25 October 2014

The Will of Steven Raingill, Esquire

As mentioned in my last post, I suspected that the court case I had discovered might have been due to something in the will of Steven Raingill, who had died on 28th April, 1874. After some further research, I had determined that the people named as plaintiffs in the case were all of the descendants of Amos and Matilda BANNISTER, Steven RAINGILL's widow, Matilda, and Steven and Matilda's son, Parker RAINGILL. This seemed promising, so I went off to hunt for Steven's will in order to see if anything there might shed some light on the matter. I discovered a copy of the will on FindMyPast.com.au, downloaded it and set about transcribing it. (You can find a pdf of the will embedded at the end of this post...)

The transcription was certainly an interesting exercise. The will covered four and a half pages and the scanned images were not ideal - some of the text was hard to read due to the contrast of the image and tweaking it with some image tools helped slightly. The handwriting was reasonably easy to read, but some of the words and phrases did cause some consternation. I think I have managed to do a reasonable job of the transcription which I present below. Please note, I have tried to keep capitalisation as it was in the original, which is to say random at best. The language was quite flowery in parts and it appears our forebears were allergic to punctuation, so this will take some re-reading and deciphering in order for it to make sense...
This is the last Will and testament of me Steven Raingill of Penley House Penley in the County of Flint Esquire. I direct that all my just debts funeral and testamentary expenses be paid and discharged by my Executors as soon as conveniently may be after my decease. I give and bequeathe to my affectionate wife Matilda Raingill the legacy or sum of two hundred pounds which I direct shall be paid to her immediately after my decease I give and devise all my freehold estate chief rents heriditaments and premises which I shall die seized or possessed of unto my Nephews Herbert Bannister of Stretford in the County of Lancaster Timber Merchant and Henry Stephenson of the City of Manchester Solicitor and their heirs Upon the trusts herinafter mentioned and declared that is to say Upon trust that my said Wife shall receive thereout during her life an annuity or yearly rent charge of two hundred pounds to be paid to her by quarterly payments the first of such payments to be made at the expiration of three calendar months after my decease and the intent and purpose of this my Will is that if the said annuity or rent charge or any part thereof shall be in arrear or unpaid for the space of twenty one days next after any of the said days appointed for payment thereof then and in such case and so often as the same shall happen my said Wife shall have the same remedy by distress upon the hereditaments and premises hereby charged with the said annuity or rent charge or any of them for recovering the same and also all costs charges and expenses occasioned by reason of the nonpayment thereof as Lessors have by law for the recovery of rent in arrear And that in case the said annuity or rent charge or any part thereof shall be in arrear and unpaid for thirty days next after any of the said days appointed for payment thereof Then that my said Wife shall have power to enter into and upon the said hereditaments and permises hereby devised as aforesaid or upon any part thereof and receive and take the rents and profits thereof and the said chief rents or any part thereof until all arrears of the said annuity or said charge together with the payments to accrue during such possessions and all costs charges and expenses occasioned by the nonpayment thereof shall be fully paid and satisfied and subject to the said legacy and annuity or rent charge given to my said Wife and the powers and remedies for informing the payment of the said annuity or rent charge hereby given upon trust for the use and benefit of my Son Parker Raingill during his life but so and in such manner that he shall not have power to charge incumber or anticipate by debts mortgage or otherwise the said life interest hereby given to him or the income thereof And from and after the decease of my said Son Upon trust for and every the lawfully begotten children of my said Son who shall be living at his decease and the issue of such of them as shall be then dead such issue taking his or her personal or parents share only and their heirs and assigns as tenants in common and not as joint tenants in equal shares and if there shall be but one such child then for the use and benefit of such child his or her heirs or assigns and in case of my said Son departing this life without leaving any lawful children or child or issue of such children or child Then I give and devise all and every my said freehold estate chief rents heriditaments and premises unto and to the use of my said Nephew Herbert Bannister his heirs and assigns But subject and charged nevertheless with the payments of the several annuities and legacies next hereinafter given that is to say an annuity or yearly rent charge of fifty pounds yearly to be paid and payable out of the said estate chief rents hereditaments and premises to each of my nieces Alice Jones Widow Matilda Louisa Bannister Spinster Julia Bannister Spinster Eliza Ellen the Wife of James White Stenhouse Sarah Elizabeth the Wife of William Dorning and my Nephew George Amos Bannister such several and respective annuities to be payable to the several Annuitants quarterly and I direct that the said several annuitants shall respectively have the like powers and remedies for the recovery and payment of the said annuities is hereinbefore given to my said Wife And from and after the decease of each of the said Annuitants lastly hereinafter named I give and bequeath to the children of the said annuitant so defining as aforesaid the legacy or sum of one thousand pounds to be paid to and equally divided between and amongst such last named children equally share and share alike and if there shall be but one child of the said annuitant so defining as aforesaid then the said legacy of one thousand pounds shall go to and be paid to such one child I also give and bequeath to Laura Bannister Raingill Parker Bannister and Amos Stewart Bannister the children of my late Nephew Parker Bannister deceased the sum of one thousand pounds to be equally divided between them share and share alike as and when the shall respectively attain the age of twenty one years but nevertheless contingent upon my Son Parker dying without children And I hereby declare that in case my said Son Parker Raingill shall depart this life leaving children or child or issue of children or child who shall not have attained the age of twenty one years at the time of the death of my said Son my said trustees or the survivor of them or the executors or administrators of such survivor shall during the minority of the said children or child or their his or her issue manage the said estate hereditaments and premises or the share belonging to such minors or minor and receive the rents and profits thereof and out of the same pay in the first place the expenses attending the management thereof and all other outgoings and expenses affecting the same and shall in their or his discretion in the next place apply the said estate hereditaments and premises or the share or shares as aforesaid or such parts or part thereof as they or he may think fit for or towards the maintenance support and education or for the preferment or advancement or otherwise for the benefit of such minors or minor with liberty for the said trustees or trustee for the time being of this my Will to pay the same to the guardian or any of the guardians of such minors or minor for the purposes aforesaid without being liable to see the application thereof And I declare that the said trustees or trustee for the time being of this my Will shall have a power of sale or exchange exerciseable over the said estate chief rents hereditaments and premises or any part thereof during the minority of any persons or person for the time being entitled thereto or any share thereof provided that the consent in writing of any persons or person entitled thereto who shall be of age be first obtained to such sale or exchange I give and bequeath all my household furniture paintings plate linen china carriages horses cows farming stock and all monies and securities for money which I shall die possessed of and the rest residue and remainder of my personal estate unto my Son the said Parker Raingill absolutely I give and devise unto my said trustees or the survivor of them or the trustees or trustee for the time being of this my Will all estates vested in me as trustee or mortgagee subject nevertheless to the trusts and equities affecting the same but the monies which may be secured by any mortgage shall form part of my personal estate And I do hereby declare that if the trustees hereby appointed or either of them or any future trustees or trustee of this my Will shall die or desire to retire therefrom or shall refuse or become incapable to act in the trusts of this my Will before the same shall be fully performed then and in every such case it shall be lawful for the continuing trustees or trustee for the time being of this my Will or if there shall be no continuing trustee then for the retiring trustee or the executors or administrators of the last acting trustee to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying or desiurous to retire or refusing or becoming incapable to act as aforesaid And upon every such appointment the trust premises shall be so conveyed and transferred that the same may become vested in the new trustee or trustees jointly with the continuing trustee or trustees or solely as the case may require and every such new trustee or trustees (as well before as after the trust premises shall have become vested in him or them) shall have all the powers and authorities of the trustee or trustees in whose place he or they shall be substituted And I direct that the trustee or trustees for the time being of this my Will shall be at liberty to retain and pay to themselves or himself out of the said trust premises all costs charges and expenses which they or he shall pay expend or be put unto in or about the execution of the trusts of this my Will And that they or he shall be acocuntable only for such sums of money and premises as shall come into their of his hands And shall not be responsible for any Banker Broker or other person to whom any such trust moneys and premises shall be entrusted for safe custody I appoint the said Herbert Bannister and Henry Stephenson Executors of this my Will In witness whereof I have to this my last Will and testament set my hand the twenty third day of October one thousand eight hundred and seventy three __ Steven Raingill __ Signed by the said Steven Raingill as and for his last Will and Testament in the presence of us present at the same time who in the presence of the said testator at his request and in the presence of each other have hereunto subscribed our names as witnesses __ Thos Rymer Sol Wrexham __ Ro: Lloyd Sol Wrexham.
This is a Codicil to my last Will and Testament Whereas I have by my said Will given to my Wife Matilda Raingill an annuity or rent charge of two hundred pounds during her life and I am desirous of encreasing the same Now therefore I do hereby give and grant to my said Wife during her life an annuity or rent charge of two hundred and fifty pounds to be payable quarterly in lieu and [xxx] instead of the annuity of two hundred pounds given to her in my said Will And I direct that my said Wife shall have all the powers for receiving and recovering the annuity given to her by this Codicil as I have given to her in my said Will for [xxx] recovery of the annuity thereby given I bequeath to my Executors Herbert Bannister and Henry Stevenson (in my said Will spelled Stephenson) the sum of fifty pounds each as some remuneration for their trouble in carryin out the trusts of my Will And in all other respects I confirm my said Will As witness my hand the twenty fourth day of April one thousand eight hundred and seventy four __ Steven Raingill __ Signed by the said testator Steven Raingill as a Codicil to his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses __ Thos Rymer Sol Wrexham __ Ellen Griffiths Servant to Mr Raingill.
Proved at Chester with a Codicil the 4th day of June 1874 by the oath of Robert Bannister the Nephew one of the Executors named in the Will to whom Administration was granted. Henry Stevenson the Nephew the other Executor named in the Will having duly performed the probate and execution of the will and Codicil
The Testator Steven Raingill was formerly of Penley House Penley in the County of Flint but late of the City of Chester Esquire and died on the 28th day of April 1874 at the City of Chester aforesaid.
Under £1200. No Leaseholds   }  Charles T W Parry
Thos Rymer Solicitor Wrecham }  District Registrar


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