Family History Notebook

The Will of Mary Butler 1828

In the Name of God Amen
I Mary Butler of Camden Row in the parish of Saint Giles Camberwell in the
County of Surry Widow being of sound and disposing mind memory and understanding

praised be God for the same do make publish and ordain this my last Will and
testament in manner and form following that is to say First I direct that my just debts
and funeral and testamentary expences be fully paid and I give unto each of the
children of my dear son Daniel Butler deceased that may be living at my decease
fifty pounds each of my three per cent consolidated bank annuities Item I give unto
my grandchildren Samuel Davenport and George Davenport one hundred pounds each
of my said consolidated bank annuities Item I give unto my husbands nephew Richard
Butler of Fleet Market in the City of London Undertaker the sum of ten pounds of lawful
british money Item I give to my late Servant Elizabeth Ann Grover the sum of ten
pounds of like currency Item I give unto Mary Needham wife of Robert Needham ….
daughter of my late husband an annuity of twenty pounds for and during her
natural life Item I give unto Catherine Chatfield widow of my brother Robert Chatfield
deceased one annuity of six pounds for and during her natural life and I direct
that the said two annuities respectively be paid clear of all legacy duty by my Executors
thereinafter named out of my Government Stock in the Bank of England by equal
half yearly payments respectively int.. the first payment  thereof respectively to be
made at the expiration of six months after my decease Item I give unto Richard Killick
of Upper ground Street near the Surry Road in the County of Surry Coal Merchant one of
my Executors hereinafter named as an acknowledgement for the trouble he will have
In the execution of this my Will the sum of nineteen guineas of lawful British money
Item I give unto my dear daughter Mary Ann Warne Widow all my household furniture
books pictures plate watches wines spirits trinkets linen and wearing apparel for her use
absolutely and subject to the above legacies and annuities I give devise and bequeath
all the rest residue and remainder of my government stock and of all other my estate
effects and property both real and personal and whether in possession reversion remainder
or expect[anon] to my dear son in law Samuel Davenport of Lime Street in the City of
London Gentleman and the said Richard Killick and the survivor of them his executors
and administrators In trust to pay the dividends interest and annual proceeds thereof
unto my said dear daughter Mary Ann Warne for and during the term of her natural
life for her sole and separate use and not to be subject to the debts control or engagements
of any husband with whom she may intermarry And from and after her decease
upon trust for all and every the child and children of my said daughter Mary Ann
Warne now or hereafter to be begotten who shall be living at her decease in equal
shares and proportions share and share alike and to be payable or transferrable to him
her or them at his her or their respective age or ages of twenty one years with benefit
of survivorship both as to the original and accruing shares of any who may die before
that age to the survivor or survivors of them and in case
there shall be but one such child then the whole thereof for such one child and I do
hereby authorize and empower the trustees or trustee for the time being to lay out from
time to time the presumptive share or shares of such child or children or any part or
parts thereof respectively for his her or their maintenance education or advancement
in life until his her or their share or shares become payable in transferable and I do
hereby nominate constitute and appoint the said Samuel Davenport and Richard
Killick joint Executors of this my Will And I do declare and direct that they my said
trustees and Executors their heirs executors and administrators shall be responsible only
for such monies and effects as they shall respectively actually sustain in the execution
of the trusts and affairs of this my Will and not the one of them for the other of them
or for the acts or defaults of the other of them
but each for his own acts and defaults only nor shall they be responsible for any
banker broker or other person with whom the same or any part thereof may be deposited
or lodged for safe custody or otherwise in the execution of these presents and also that
each of them may reimburse himself and allow to his cotrustree or Executor all lawful
costs and charges which they may respectively sustain in the execution of this my will
or in relation thereto And hereby revoking all former and other will and wills by me
any time heretofore made I declare this only to be and contain my last will and
Testament In Witness whereof I the said Testatrix have to the first sheet of this my Will
contained in two sheets of paper set my hand and to this second and last sheet my
hand and seal this nineteenth day of May in the year of our Lord and thousand eight
hundred and twenty eight Mary Butler Signed Sealed published and declared by
the said Testatrix as and for her Last Will and Testament in the presence of us who in
her presence at her request and in the presence of each other have subscribed our name
as Witnesses A.M. Rinald 6 Camden Row, Camberwell Mary Piatt Mary
Brown Servants to Mrs Butler.

It is my particular desire that whatsoever portion of my property ........eath to my
Grand daughter Sarah Warne or may come to her from the death of her brother or
sister or both before they are at the age of twenty one years may be held in trust
for her by my Executors and the interest only to be paid to her during the term of her
natural life I also bequeath the Lease of this house No 6 Camden Road Peckham to my
daughter Mary Warne Signed this nineteenth day of July in the year of our Lord
one thousand eight hundred and twenty eight Witness my hand Mary Butler
Witness Sarah Elizabeth Covell Mary Piatt.

Proved at London 15th April 1829 before the Worshipful William Calverley Curtis by
the Oaths of Samuel Davenport and Richard Killick the Executors to whom Admon was granted
having been first sworn duly to administer.

Notes

1    Relationships to Mary Butler mentioned in the will

Husband (deceased)

Not named
Son (deceased) Daniel Butler
Husband's Daughter Mary Needham (wife of Robert Needham)
Husband's Nephew Richard Butler (undertaker)
Daughter Mary Ann Warne
Brother (deceased) Robert Chatfield
Brother's widow Catherine Chatfield
Son-in-law
Samuel Davenport of Lime Street (Executor)
Grandchildren Sarah Warne
  Samuel Davenport
  George Davenport

2    Other names mentioned

Executor; collier Richard Killier
Servants Elizabeth Ann Grover
  A. M. Rinald (witness)
  Mary Piatt (witness)
  Sarah Elizabeth Covell (witness)