Tuesday, 24 February 2015

The Last Will and Testament of Matilda Bannister (1808-1879)

Matilda BANNISTER (nee RAINGILL) (b. 23 June 1808, d. 4 Feb 1879) was my great-great-great-grandmother. My father was interested in Matilda's will (and her husband Amos' will too) to see if we could find any information about my gg-grandfather George Amos BANNISTER who settled in Australia in 1856. At the behest (okay, pestering) of my father I have transcribed the will as best I could. What is presented below is a raw transcription of the will, with as much (or little) punctuation as exists in the copy I obtained from the UK Government's Find a will service. (I also have a copy of Matilda's husband's will which I will post in due course.)

Presented with no further commentary (for now)...


ON the first day of April 1879,
the Will of Matilda Bannister late of
Holly House Stretford in the County of Lancaster
Widow
deceased, who died on the fourth day of February 1879,
at Holly House aforesaid
was proved in Her Majesty's High Court of Justice in the District Registry attached to
the Probate Division thereof at Manchester by the Oaths of
Herbert Bannister of Edge Lane Stretford
aforesaid Timber Merchant the Son of the said
Deceased and William Brundrit Dorning
of the Hawthorns Great Crosby near Liverpool
in the County aforesaid Cashier two of the
Executors name (in the said will) they having been first sworn duly
to administer. Power reserved of making the like Grant
to Joseph Steen the other Executor named in the
said will


Effects under £3000. No Leaseholds.
    Extracted by Taylor Kirkman + Colley
        Solicitors
        Manchester


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This is the last Will Testament of me Matilda Bannister
of Holly House Stretford in the county of Lancaster Widow. I give and bequeath unto
such of my daughters Sarah Elizabeth Dorning and Eliza Ellen Stenhouse Matilda
Louisa Bannister and Julia Steen as shall be living at my decease all my wearing
apparel bed linen and table linen jewellery and personal ornaments between and amongst
them in equal shares the same to be divided by my executors hereinafter named whose
decision shall be final and conclusive on all parties  I give and bequeath to my
daughter Matilda Louisa Bannister the sum of one hundred pounds free from legacy
duty if she shall not be married at the date of my decease  I give devise and bequeath the
rest residue and remainder of my real and personal estate whatsoever and wheresoever
unto my son the said Herbert Bannister of Edge Lane Stretford aforesaid my son in
law William Brundrit Dorning of the Hawthorns Great Crosby near Liverpool and my son
in law Joseph Steen of Castlebar Mays Ireland their heirs executors or administrators
according to the nature and tenure thereof upon trust to sell the same either together or in parcels
and subject to such conditions as my said trustees in their absolute discretion shall think
fit and to stand possessed of one eighth part of the proceeds thereof upon trust for [the] my
granddaughter Anne Jones if she shall attain the age of twenty one years or marry
under that age absolutely and free from the debts control influence or engagements of
any husband which she may have and as that her receipts in writing notwithstanding
coverture shall be a good discharge for the same and as to one other one eighth part
thereof upon trust for my son George Amos Bannister of Melbourne Australia and
as to one other eighth part thereof upon trust for my son the said Herbert Bannister
and as to one other one eighth part thereof upon trust for my daughter the said Sarah
Elizabeth Dorning absolutely and free from the debts control interference or engagements of any
husband which she may have and so that her receipt in writing notwithstanding coverture
shall be a good discharge for the same and as to one other eighth part thereof upon
trust for my daughter Eliza Ellen Stenhouse absolutely free from the debts control interference
or engagements of any husband which she may have and so that her receipt in
writing notwithstanding coverture shall be a good discharge for the same and as to one
other one eighth part thereof upon trust for my daughter Matilda Louisa Bannister
absolutely free from the debts control interference or engagements of any husband which she
may have and so that her receipt in writing notwithstanding coverture shall be a good
discharge for the same and as to one other one eighth part thereof upon trust for my Daughter
Julia Steen absolutely free from the debts, control interference or engagements of any
husband which she may happen to have and so that her receipt in writing notwithstanding


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coverture shall be a good discharge for the same and as to the remaining one
eighth part thereof upon trust for my grandchildren Laura Ellen Lomax Bannister
Raingill Parker Bannister and amos Stuart Bannister or such of them as shall be living
at my death in equal shares  I devise all estates vested in me as trustee or mortgagee unto
the said Herbert Bannister William Brundrit Dorning and Joseph Steen there heirs
executors and administrators respectively according to the nature and tenure thereof
and subject to the trusts and equities affecting the same respectively  And I hereby declare
that the receipt or receipts in writing of the trustees or trustee for the time being of this
Will for the purchase money of the property sold or for any moneys stocks funds or securities
which may be paid transferred or made over to him her or them in pursuance of the
trusts of this my Will shall effectually discharge the purchase or purchases or other the
person or persons paying transferring or making over the same therefrom or from being
concerned to see to the application or being answerable for the misapplication or non-
application thereof  And I declare that if the said trustees hereby appointed or any of
them or any trustees or trustee to be appointed as hereinafter is provided shall be
or be desirous of being discharged or refuse or become incapable to act then and so
often the continuing trustees or trustee for the time being and for this purpose any
retiring trustee shall if willing to act in the exercise of this present power be considered
a trustee may appoint any other person or persons to be a trustee or trustees in the place
of the trustees so desiring to be discharged or refusing or becoming incapable to act and
upon any such appointment the trust premises shall be so transferred and
assured that the same may become vested in the new trustee or trustees jointly with
the remaining or continuing trustee or trustees or solely as the case may require and
every such new trustee shall both before and after the said trust premises shall have
become so vested have the powers authorities and discretions as if he had
been hereby originally appointed a trustee and I declare that the trustees or trustee
for the time being of this my Will shall be chargeable only with such moneys as
they or he respectively shall actually receive and shall not be answerable the one for
the other of them nor for any Banker Broker or other person in whose hands any
of the trust moneys shall be placed nor for the insufficiency or deficiency of any stocks
funds shares or securities or otherwise for involuntary losses and that the trustees or
trustee for the time being may reimburse themselves herself or himself out of the moneys
which shall come to their his or her hands under the trusts aforesaid all expenses to be
incurred in or about the execution of the aforesaid trusts or any part thereof and
I appoint the said Herbert Bannister William Brundrit Dorning and


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    Joseph Steen Executors of this my Will In witness whereof I the said
    Matilda Bannister have hereunto set my hand the thirteenth day of august one
    thousand eight hundred and seventy six.
Signed by the said Matilda Bannister in                |
the presence of us together and present at the same    |
time who in her presence at her request and in         | Matilda Bannister
the presence of each other have hereunto subscribed    |
our names as witnesses.                                |
    H. G. Sutton, Solr, Manchester
    Joseph Boyer, Clerk to Tindall, Varey and Sutton, Manchester
    
        Proved at Manchester the first day of April 1879 by the oaths
        of Herbert Bannister the Son and William Brundrit Dorning
        two of the Executors to whom Administration was granted
        Power reserved of making the like Grant to Joseph Steen the
        other Executor
The Testatrix Matilda Bannister was late of Holly House, Stretford in the
County of Lancaster, Widow and died on the fourth day of February 1879 at Holly
House aforesaid
        Under £3000 No leaseholds

    Certified to be a correct Copy

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