Family History Notebook

The Will of Daniel Butler proved 1853

This is the Last Will and Testament
of me Daniel Butler of No 17 Farringdon Street in the City of
London Undertaker I give @ bequeath to my wife Jane Butler and to
Charles Butler of No 142 Drury Lane in the County of Middlesex
Tobacco Manufacturer all those my leasehold premises being No 17
Farringdon Street aforesaid wherein I now reside and carry on my
business for and during the term which may be to come and unexpired
therein at the time of my decease together with my stock and implements
of trade book debts and all and [oinctular] the Rest and Residue of
my personal Estate and effects Upon trust after payment of my
debts funeral and testamentary expences for my wife and the sd. Charles
Butler to carry on the said business of an Undertaker in the said pre-
mises with the assistance of my son Francis Butler from the day of
my decease until my said son attain the age of 25 years and to pay to
my said son Francis during that period for the trouble he may have
therein such sum or sums as my said Wife and the said Charles Butler
shall in their discretion think fit and out of the profits arising from the
said business to pay or allow to my said wife the yearly sum of 500
(in case the profits arising from the said business shall amount to that
sum and if not then to allow or pay my said wife such sum as the
said profits shall amount to) until my said son shall attain
the age of 25 years my said wife out of the said annual income or allowance
maintaining my three children Francis Butler Sarah Jane Butler
and Gilbert Butler and paying the rent taxes and all other outgoings in respect
of the said house in Farringdon Street until my sd. son Francis attain the
age of 25 years she my said Wife until my said son Francis attain that
age having the use and enjoyment of the said house and of all the
household furniture and effects therein and upon my said daughter
Sarah Jane Butler attaing the age of 21 years Upon trust to pay to
her the sum of 500 for her own use and benefit and upon further trust
on my sd. son Francis attaining the age of 25 years to cause a valuation
to be made of the stock in trade and goodwill of the said business and of
all other the residue of my estate and effects whatsoever and to pay and
divide the same in equal shares and proportions between and amongst
my sd. wife and my said children Francis Butler Sarah Jane Butler
and Gilbert Butler Provided always that my said daughter shall not be
entitled to any share of my residual estate without first bringing her
said legacy of 500 into hotchpot and I declare that the said legacy and
share of my said daughter shall not be subject or liable to the debts controul
or engagements of any husband she may marry but the same shall be
at her own disposal and her receipt [alout] shall be a good discharge to
my said trustees for the same and upon my sd. son Francis attaining
the age of 25 years as aforesaid @ after the said valuation shall have been
made Upon further trust for my sd. Wife @ my sd. son  Francis to enter
into partnership and my Wife to receive one third of the profits of the same
business my said son Francis to receive one other third thereof and the
remaining third thof I direct shall be from time to time invested in
Government or real securities in England for the benefit of my said son
Gilbert and to be paid to him on his attaing. 25 years of age (but he is to
acquire a vested interest therein on his attaining his majority) but if my
sd. son Gilbert on his said brother attaining the age of 25 years shall [....]
to go into partnership with his said Mother and Brother and they shall
consent thereto then he shall be entitled to receive the remaining third
of the profits of the partnership business instead of the investments
hereinbefore directed to be made for his benefit And I direct that a
Covenant shall be contained in the Indenture of Partnership that if
my said Wife shall marry again then and from thenceforth her
interest in the said business shall ..................................... shall be
paid to her out of the profits of the said business by 4 yearly instalments as
the account of the value of her one third share or interest therein and in
case my said wife shall marry again before my said son Francis
attain the age of 25 years I declare that the said business shall not be
under the controul or management of any husband she may marry
and upon my said son attaining that age my said wife shall not
in the event of her marriage as last afsd. become a Partner in the
said business as before mentioned but instead thereof there shall be
paid to her the sum of 800 by four equal yearly instalments for
her own sole and separate use free from marital controul and upon
her sole receipt and the profits of the said Business shall belong in
equal shares to my said sons Francis and Gilbert in case they
shall agree to enter into partnership on my said son Francis attain-
ing the age of 25 years or in default of such agreement one half part
of the said profits shall belong to my said son Francis and the other
half thereof shall be inversted for the benefit of my said son Gilbert in
manner hereinbefore mentioned until he attain the age of 25 years
And I do hereby declare that my said trustee shall not be answerable
or accountable for any loss that may happen to my estateor in carry-
ing on the aforesaid business unless the same happen through their
wilful neglect or default nor shall either of them be accountable for
the acts deeds receipts or disbursements of the other of them but each of
them for his or her own separate acts receipts or disbursements And I do
direct that my sd. trustees shall @ may pay and reimburse themselves
out of my estate and effects all reasonable and necessary costs charges
@ expences that they or either of them shall or may pay bear be put in
unto or sustain in and about the execution of this my Will or the trusts
hereby in them reposed and I empower my said trustees to compound
or allow time for the payment of any debt or debts due to my estate and
to settle all demands against my estate and all accounts between me
@ any person or persons on such terms as my said trustees shall in
their discretion think expedient @ I refer any matters indifference
relating to my affairs to arbitration And lastly I do hereby nominate
constitute and appoint my said wife Jane and the sd. Chas. Butler
Exetrs and Trustees of this my Will @ do bequeath unto the said C Butler
the sum of 19 Gnas. for the trouble he will be at in the execon. of the trusts
thereof and I do hereby revoke all former will or wills by me at any time
heretofore made and declare this to be my last Will @ Testt. In witness
whereof I the sd. Danl. Butler the testator have to each sheet of this my
last Will and Testament contained in seven sheets of paper set my hand
this fourteenth day of August 1849     --------- Daniel Butler -------------
Signed published and declared by the said testor Daniel Butler as and to be
his last Will and Testament in the presence of us both 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 - Charles
Cutler solicitor 3 Bell Yard Doctors Commons. ----- Thomas Horatio
[...y] 79 Farringdon Street.

Proved at London 22nd June 1853 before The Worshipful Thomas
Spinks Doctor of Laws and Surrogate by the oath of Jane Butler
Widow the relict one of the executors to whom administration was
granted having been first sworn only to administer. Power reserved
of making the like grant to Charles Butler the brother the other executor
when he shall aapply for the same.

Notes

1    Relationships to Daniel Butler mentioned in the will

Wife (and executor)

Jane
Son Francis
Daughter Sarah Jane
Son Gilbert
Brother (and executor) Charles Butler, 142 Drury Lane, Tobacco Manufacturer
   

2    Other names mentioned

   
   
   
   
   
   
   
   
   
   

3    Daniel's son Francis was 16 when his father wrote his will. He was 19 when his father died.