Sunday, 1 March 2015

The Last Will and Testament of Amos Bannister (1806-1861)

Amos Bannister (b. 16 February 1806, d. 10 February 1861) was my great-great-great-grandfather. I had recently transcribed my ggg-grandmother's will and now I have completed her husband's will. This took a lot longer than I expected as it was significantly longer (at 10 pages) and contained a lot of repetition and took a lot of concentration to follow. I think I really need to consider writing a transcription tool to help with the process of transcribing these documents...

Presented without further commentary:



On the fourteenth day of March 1861
the Will of Amos Bannister
late of Stretford in the County of Lancaster Gentleman

deceased, who died on the tenth day of February 1861,
at Stretford aforesaid

was proved in the District Registry attached to Her Majesty's Court of Probate at
MANCHESTER by the Oaths of
                            James Williamson
of No 11 Bolton Street Salford in the County aforesaid
Joiner and Builder William Booth of Peel Terrace
Stretford aforesaid Manufacturer and William Brundrit
Dorning of No 150 Falkner Street Liverpool in the
County aforesaid Cashier the

Executors therein named they having been first sworn duly to administer.


Effects under nine thousand pounds Including Leaseholds

Extracted by Samuel Simpson
                Solicitor
                    Manchester

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This is the last Will and Testament of me Amos Bannister
of Stretford in the County of Lancaster Gentleman as follows  First I will and direct
that all my first debts funeral expenses and the costs and charges of the Probate of this
my Will be paid and discharged by my Executors hereinafter named as soon after
my decease as may be convenient  I give and bequeath unto my dear Wife Matilda
fifty pounds to be paid to her as soon as possible after my decease for her own use  I
also charge my estate with the expense of providing my said Wife and such of my
daughters as may be residing with me at the time of my decease with such
mourning as my said Wife in her discretion may deem suitable and necessary  I
also give and bequeath unto my said Wife all and every my household goods and
furniture plate linen china wines spirits and all other articles of furniture for
her own use absolutely and to be disposed of as she may direct and I direct my
said executors to set apart a sum of one hundred and fifty pounds and to apply
the same or such part thereof as may be necessary in the education support and
bringing up of my daughter Julia until she shall attain the age of sixteen years
so as to place her in equal position with the rest of my children and subject
as aforesaid I give devise and bequeath unto James Williamson in
the said County Joiner and Builder William Booth of Stretford aforesaid
Manufacturer and my son in law William Brundrit Dorning of Liverpool in the
said County Cashier hereinafter called "my said trustees" all and every the rest
residue and remainder of my estate and effects whatsoever and wheresoever both
real and personal (including any part of the said sum of one hundred and
fifty pounds directed to be set apart for the benefit of my daughter as may be
unapplied for that purpose) which I or any person or persons in trust for me is
or are seized possessed of or entitled to in possession reversion remainder contingency
or expectancy with their and every of their rights member privileges and
appurtenances To hold the same and every part thereof unto and to the use
of my said trustees their heirs executors administrators and assigns according
to the nature and quality thereof for all my estate and interest therein Upon the
trusts and for the ends intents and purposes hereinafter expressed that is to say
Upon trust to permit and suffer my said Wife to use occupy and enjoy the
house in which I now reside called Holly House with all and every the
appurtenances thereto belonging together with the plot of land adjoining
which I have recently purchased from Sir Humphrey de Trafford Baronet
for so long a period as she may think proper free from all chief rents
or other charges of any description save and except property and land tax

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she nevertheless keeping the said house with the appurtenances in good
and tenantable repair And in the case she shall at any time desire to
leave the same Then I direct my said trustees to let the same to
such person or persons and at such rent as they may think proper
And do and shall pay such rent after deducting the costs of repairs
and all other taxes and expenses unto my said Wife for her own
use for her life And upon further trust that my said trustees or
the survivors or survivor of hem his executors or administrators or
other the trustees or trustee for the time being of this my Will do and
shall collect get in and receive all sum and sums of money which
may be due and owing to me at the time of my decease Subject
nevertheless to the direction hereinafter contained with reference to
a sum of five thousand one hundred pounds owing to me by my sons
Parker and Herbert And do and shall lay out and invest the same
at such time and times and in such sum and sums and at such
rate of interest as they may think proper on mortgage of real or
leasehold property in England with full power and authority to alter
and transpose such securities as an when it may be deemed
expedient And do and shall receive all the rents and profits of
my freehold and leasehold estates not before disposed of from time
to time as and when they may become due and payable And by
and out of the income of all and every my said estate and effects
so devised and bequeathed as aforesaid do and shall pay unto my
said Wife an annuity or clear yearly sum of one hundred pounds free
from all deductions except property or income tax and to be paid
to her by two equal half yearly payments in each year that is to
say on the twenty fourth day of June and the twenty fifth day of
December with a proportionate sum for any fractional portion of
a half year which may happen immediately to precede the
determination of the said annuity the first half yearly payment
thereof to be made on such of the days before mentioned as may next
happen after my decease  And in case any half yearly payment of the
said annuity of one hundred pounds shall be unpaid for the
space of twenty one days after either of the said half yearly days of
payment then and so often as the same shall so happen it shall
be lawful for my said Wife during the term of her natural life

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to enter upon all and singular my said freehold and leasehold property and
then and there to distrain and impound and dispose of the distress and
distresses so taken and otherwise to act therein according to due course of law as
in cases of distress for rent reserved upon common demise or lease to the
intent that thereby and therewith she or her assigns may be fully paid
the said annuity and all costs and expenses attending the nonpayment
thereof and recovery of the same  And to this further use and intent that
in case any half yearly payment of the said annuity of one hundred
pounds or any part thereof shall be in arrear for the space of thirty days
next after any of the said half yearly days of payment (although no formal
or legal demand shall be made) it shall be lawful for my said Wife to
enter upon the said hereditaments and premises or into any part thereof in
the name of the whole and the same with the appurtenances to hold and enjoy
and the rents and profits thereof to receive and take for her and their own
use and benefit until she or they shall thereby and therewith be fully paid
the said annuity or one hundred pounds and all arrears thereof and all
such arrears of the same as shall grow due during the time that she or
they shall by virtue of such entry be in the possession of the said
hereditaments and premises together with all the costs incurred in respect
thereof such possession when taken to be without impeachment of waste and
after payment and satisfaction of the said annuity to my said Wife and all
expenses that may be incurred in consequence thereof and also the costs of
keeping my said property in full and complete order and repair and also
the costs of the execution of the aforesaid trusts do and shall distribute and
divide the remainder of the incomes and proceeds of my said estate
unto and equally between and amongst all and every my children share and
share alike  And on the decease of my said Wife Then I do direct my said
trustees or trustee for the time being to sell and dispose of all and every my
freehold and leasehold estates and other effects which may be in their nature
saleable either together or in one or more lot or lots and at one time or at several
times and at such price or prices as to them or him shall seem reasonable and
subject or not subject to any special or other conditions or stipulations relative
to the title or evidence of title or otherwise as they may think proper and
that they or he shall have full power to buy in and resell the whole or
any part of the said freehold or leasehold premises and resell the same at any
future sale or sales either by public auction or private contract without

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being responsible for any loss that may be thereby incurred  And also
with full power to rescind and annul or alter the terms conditions and
stipulations of any contract which may at any time or times be entered
into respecting the sale of the said freehold and leasehold hereditaments
and premises without being responsible for any loss that may be sustained
in consequence thereof  And also to convey assign or otherwise assure the
said premises or any part thereof to the purchaser or purchasers thereof
his her or their heirs executors or administrators to such uses and in
such manner and form as he she or they may direct or appoint  And
I declare that the rents and profits of my said freehold and leasehold
premises hereinbefore directed to be sold or such part thereof as for the
time being shall remain unsold shall until the sale thereof be received by
all and every my said children share and share alike  And I hereby
moreover declare that the said trustees and the survivor his executors or
administrators or other the trustees or trustee for the time being of this
my Will do and shall stand and be possessed of the moneys to be
received by them or him from the sale or sales hereinbefore and
hereinafter directed to be made of my said freehold and leasehold
hereditaments and premises and all other my estate and effects as
aforesaid  Upon trust in the first place to retain all such costs charges
and expenses as they or he shall have incurred in or about the sale
or sales hereinbefore and hereinafter directed to be made orin relation
thereto and subject thereto  Upon trust to divide the same into eight
equal parts or shares and to retain two of such parts which I intend
for the benefit of my sons Parker and Herbert in liquidation of
the sum of five thousand one hundred pounds owing by them to
me (and for which with interest thereon they have given me their
promissory note as hereinafter mentioned) provided the balance which
may be owing on the said promissory note may at the time of the
division of my said estate exceed the amount of the said two shares
but in case the amount owing on the said note shall be less than the
said two shares then I do direct my said trustees to pay over the
balance unto my said two sons Parker and Herbert as aforesaid
Nevertheless I wish it to be distinctly understood that my sons the said Parker
and Herbert are under no circumstances to be entitled to their shares
in the principal of my estate when realized or any part thereof until

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the said sum of five thousand one hundred pounds and all interest expressed
in the said promissory note shall be paid off and discharged  And upon further
trust to lay out and invest the remaining six shares in such and the same
manner as is hereinbefore directed with reference to the investment of my estate
prior to my said Wife's decease And do and shall pay and divide the net interest
and proceeds thereof unto each of my children (excepting my said sons Parker and
Herbert) share and share alike And I hereby direct that if any of my said children
last mentioned shall happen to die in my lifetime without having acquired a vested
interest in my said trust moneys and securities as aforesaid leaving any child or
children him or her surviving then and in such case such last mentioned child or
children who being a son or sons shall attain the age of twenty one years or who being
a daughter or daughters shall attain that age or marry shall take and be entitled to
the principal of the share of and in the said trust moneys and securities and with
such and the same provisions for maintenance and advancement as are hereinafter
declared as his or their deceased parent was or would have been interested in in case
he or she had happened to survive me and had died immediately after my
decease provided that notwithstanding anything hereinbefore contained I do hereby
authorise and empower my said trustees if they shall think proper to pay to my son
George amos the principal of the share of my estate in which he is interested
or such part or parts thereof as they may consider will be of service to him  But
in case my said son George Amos shall die without issue leaving his Wife
him him surviving then I do direct my said trustees to pay unto her if
living one hundred pounds provided he shall not have received his share as before
mentioned and there is that sum remaining in full satisfaction of all her claim
estate or interest under this my Will or in the share bequeathed to her husband
as aforesaid And I do also direct and declare that my said trustees or trustee for
the time being shall at their or his discretion apply the whole or such part as
they or he shall think fit to the amount to which any of my children or
grandchildren may be presumptively entitled to under this my Will for and towards
his or her maintenance or otherwise for his or her benefit until the attainment of
him her or them to the age of twenty one years And in case any of my children
shall die without issue who under the trusts and provisions hereinbefore
contained shall become entitled to a share of my said trust monies and securities
then my Will as and I hereby direct that my said trustees or trustee for the
time being do and shall stand possessed of such share and in the first place
pay unto the husband if living of any of my children so dying as aforesaid the

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sum of two hundred pounds and do and shall divide the remainder unto
between and amongst such of my children as may be then living and
the issue of such of them as may be deceased such issue nevertheless taking
only among them such share as his her or their parent would have
been entitled to if living share and share alike  And whereas I
have recently sold to my sons Parker and Herbert the whole of my
business of a Timber Merchant and Wheelwright with the Stock in trade
and all other matters and things appertaining thereto together with
all an every the debts owing to me in connection with such
business for the sum of five thousand one hundred pounds which
they have secured to me by their promissory note dated the day
but one preceding the date hereof with interest thereon at the rate
of four pounds per centum per annum and which is payable to
me on demand  How I do direct that if my said sons do and shall
on the twenty fifth day of December now next ensuing pay all interest
up to that day on the said sum of five thousand one hundred pounds
and do and shall on the twenty fourth day of June and the twenty fifth
day of December in each year pay to my said trustees or trustee for
the time being the interest which may be due and owing from time
to time thereon and also a sum of one hundred pounds each half
year in liquidation of the principal sum of five thousand one
hundred pounds such principal or the balance thereof shall not be
called in but the same shall be gradually paid off by such
instalments as aforesaid it being my intention by such postponement
to enable them my said sons to carry on the trade or business of
Timber merchants and Wheelwrights in which they are now engaged
And whereas the sale of my freehold and leasehold estates is by the
foregoing part of his my Will postponed until the death of my
Wife and the annuity of one hundred pounds given to her is charged
thereon now notwithstanding such postponement and charge as
aforesaid I hereby direct authorise and empower my said trustees or
the trustee for the time being to sell and dispose of all my said estate
both freehold and leasehold or any part thereof at any time and freed
and discharged from the said annuity in the same manner and
subject to the same directions and conditions in every respect as is
before mentioned and expressed with reference to the sale or sales

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on the death of my said Wife and the application of the amount to be derived
therefrom as fully and effectually as if the same were here repeated and set forth
But so far as concerns the sale of my said House called Holly House
bequeathed to my said Wife for her life as aforesaid her consent thereto shall be
indispensible And in case of such disposal of my said property prior to the
death of my said Wife then I direct my said trustees to lay out and invest
such amount as when invested on mortgage of real or leasehold security will
produce the said annuity of one hundred pounds and also in case of the sale of
Holly House aforesaid the further sum of fifty pounds making together an
annuity of one hundred and fifty pounds And if through any unforseen
circumstance the amount so invested by my said trustees or trustee for the time
being shall be insufficient to pay the said annuity of one hundred pounds
or one hundred and fifty pounds as the case may be then I do authorize my
said trustees or trustee as aforesaid to make up any deficiency out of the
principal of my said estate it being my intention that my said Wife shall
enjoy the said annuity of one hundred pounds and Holly House of in case
of the sale of the latter an annuity of one hundred and fifty pounds payable
at such and the same times and in such manner and form as in every
respect as is before contained with reference to the said annuity of one hundred
pounds except that the property so charged therewith when so sold as
aforesaid shall be released therefrom nevertheless it is my Will and mind
and I would so prefer that my said freehold and leasehold property
should not be disposed of during my said Wife's life And I merely give
my said trustees and trustee authority to make such sale or sales upon the
express understanding that such sale or sales will in their opinion be to the
advantage of the recipients under this my Will And I also declare that
the share and interest set apart for the benefit of and receivable by any
female under the trusts of this my Will shall be for her or their own use
without being subject or liable to the debts control or interference of their
or any of their present or any future husband or husband and that the
receipt and receipts of them or any of them notwithstanding coverture
shall be good discharge and discharges for the amount or amounts therein
expressed to be received to the person or persons paying the same And I hereby
declare that every receipt which shall be given by my said trustees or
trustee for the time being of this my Will for any purchase mortgage or other
moneys paid to them by virtue of the trusts or provisions thereof shall

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be a good and effectual discharge for all moneys therein mentioned
to be received and shall absolve the party or parties paying any
such moneys from all liability to see to the application or from
being answerable for the misapplication or nonapplication thereof
or of any part thereof I give and devise all estates vested in
me upon any trusts or by way of mortgage unto my said trustees
or trustee for the time being as aforesaid their heirs executors
administrators and assigns upon the trusts and equities affecting the
same provided always and I hereby direct and declare that in case
my said trustees or any or either of them or any person or persons
to be appointed a trustee or trustees as hereinafter mentioned shall
die or continue to reside out of the United Kingdom for the space of
more than twelve months or shall disclaim neglect or refuse or
become incapable to act or desire to retire from the Office of trustee
before all the trusts of this my Will shall be fully performed then
and so often as the case shall happen it shall be lawful for the
trustees or trustee for the time being acting in execution of the trusts
aforesaid or for the executors or administrators of the last surviving
continuing capable or acting trustee to appoint by deed or instrument
in writing a new trustee in the place of each such trustee so
dying continuing to reside out of the United Kingdom or disclaiming
neglecting refusing or becoming incapable to act or desiring to retire
from the Office aforesaid And immediately upon such appointment
all the said trust estate and premises shall be forthwith conveyed
assigned and assured so and in such manner as that the same may
be lawfully and effectually vested in such new trustees or trustee
either jointly with the surviving or continuing trustee or trustees
or solely as the case may require  To the uses upon the trusts
and for the ends intents and purposes hereinbefore declared And
that every such new trustee either before or after such conveyance
and assignment shall and may have and may exercise the same
powers as if he or they had been originally appointed a trustee
or trustees by this my Will And that no trustee under this my
Will shall be responsible for any acts deeds or defaults of any
cotrustee or cotrustees nor for moneys received under receipts in
which he shall join only for conformity nor be accountable for

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the insufficiency of any bank broker Attorney Solicitor or Agent with
whom any of the trust moneys may be deposited for safe custody or
otherwise or who may receive the same in the course of the execution
of the aforesaid trusts nor for the insufficiency of any security nor for
any loss or damage that may happen to arise of or to all or any part
of the said trust estates monies and premises unless through the wilful
neglect or default of such trustee respectively And each present or any
future trustee shall and may reimburse himself and allow to each other
out of the said trust estates and premises or out of any monies that
may come to their respective hands all costs charges and expenses to be
incurred by them in the execution of the aforesaid trusts or in relation
thereto And I hereby nominate and appoint the said
James Williamson William Booth and William Brundrit
Dorning joint Executors of this my Will And lastly I hereby
revoke all Wills Codicils testamentary dispositions and appointments whatsoever by me
at any time or times heretofore made and do declare this to be my last and
only Will and Testament In Witness whereof I the said Amos Bannister
the Testator have to this my last Will and testament contained in this and
the eight preceding sheets of paper set my hand this third day of
December one thousand eight hundred and sixty
Amos Bannister ________ Signed by the Testator as and for his
last Will and Testament in the presence of us who at his request in his
presence and in the presence of each other hereunto subscribed our names
as Witnesses ________ Sam Simpson Solr Manchester ________
Mary Ann Hardy, Stretford ________

        On the fourteenth day of March 1861 the Will of Amos
        Bannister late of Stretford in the County of Lancaster
        Gentleman deceased who died on the tenth day of February 1861
        at Stretford aforesaid was proved by the oaths of James Williamson
        William Booth and William Brundrit Dorning the Executors
        named in the said Will they having been first sworn duly
        to administer.
            Effects under Nine thousand pounds
                    Certified to be a correct copy

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