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Will of Ann DAY of Oxford Will 30 Oct 1837   Probate 31 Aug 1842
Source: TNA no. PROB11/1966/258 Contributed by: Nick Hidden Go to Translation Go to Transcript
Summary.
... Ann Day, wife of William Day of St Giles Rd Oxford, ropemaker ... Name Relationship [Comments] or Major Bequests Ann DAY   Oxford William DAY Husband Trustee (Exec) Oxford John DAY Son Trustee (Exec) Oxford Martha PERKINS Mention MDX St Pancras Deceased John STOLLARD Mention [Trustee for Martha PERKINS] Deceased Joseph REEVE Mention [Trustee for Martha PERKINS] John RAYNOLDS Mention [Trustee for Martha PERKINS] Mr SMITH Mention Oxford Thomas SMITH Trustee (Exec) MDX Long Acre [s Mr SMITH] Mary WHITBREAD Daughter Edward WHITBREAD Son-in-law Ann SIDES Daughter Henry SIDES Son-in-law Harriet DAY Daughter Martha DAY Daughter W LANGLEY Witness Charles LANGLEY Witness London Probate 31 Aug 1842 London ... John Day the son one of the surviving executors ... limited to her interest in £1000 New 4% Annuities (now New 3½% Annuities) or the other stocks etc which by the will of Martha Perkins, widow, she had a right to dispose of ... power reserved to Thomas Smith the other surviving executor ...
Transcriber's and Editor's Notes
The preamble and much of the repetitive legalese has been omitted from the transcript. The following details are believed to be true but should not be totally relied upon: Testatrix: Wife of William (1839 qv)
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... Ann Day, wife of William Day of St Giles Rd Oxford, ropemaker ... Whereas: Martha Perkins, widow, of Huntley St (previously Upper Thornaugh St) in MDX St. Pancras, in her will dated Mar 19 1829, gave my husband William Day, John Stollard and Joseph Reeve £1000 stock in the New 4% Annuities (since converted to New 3½% Annuities) In Trust to pay me the interest during my life, and after my decease to pay [it] as I direct in my will. She made a codicil dated 3 Dec 1831 appointing John Raynolds, gentleman, as an executor in place of John Stollard who had died. She died about 3 Jun [1837], and her will and codicil have been proved by my husband William Day, Joseph Reeve and John Raynolds. The £1000 in New 3½% Annuities has been transferred by the executors to the Bank of England. Now I direct that the investment with accrued interest, plus all my property and effects, is to be transferred to my husband William Day, my son John Day of Jesus College Lane, Oxford, ropemaker, and Thomas Smith of Newport Market, MDX Long Acre, butcher, son of Mr Smith of George St Oxford, butcher, In Trust as follows: To pay my husband William Day all the interest on the trust fund for life. After his decease to pay one-fifth part to my son John Day for his own use. To hold the remaining four-fifths in trust for my four daughters Mary, wife of Edward Whitbread, Ann, wife of Henry Sides, Harriet Day and Martha Day in equal shares for their own use exclusive of any husbands. If any of my children die before inheriting, but leave issue who survive me and my husband and reach age 21, my trustees are to hold their share(s) in trust for such issue, per stirpes, as tenants in common. The annual income during the minority of such children is to be used for their education or maintenance, and my trustees are empowered to apply up to half of the capital of each such child towards their advancement or if necessary to their maintenance. If any of my children die without leaving such surviving issue, their share(s) are to be applied as in the trusts previously described for the remaining shares. [Whatever that means -- presumably divided among the survivors.] I appoint William Day, John Day and Thomas Smith as executors, and give £10 to Thomas Smith for his trouble. Witnesses W Langley; Charles Langley, Charlotte St, Bedford Squ. Probate 31 Aug 1842 London ... John Day the son one of the surviving executors ... limited to her interest in £1000 New 4% Annuities (now New 3½% Annuities) or the other stocks etc which by the will of Martha Perkins, widow, she had a right to dispose of ... power reserved to Thomas Smith the other surviving executor ...
As abstracted by the contributor from a copy of the original document (see Note) Original line- and page-breaks are not preserved.
Whereas Martha Perkins of Huntley Street (heretofore called Upper Thornaugh Street) in the parish of St.Pancras Co. Middx. widow deceased by her last will and testament bearing date 19th March 1829 among other bequests for the benefit of myself and other persons named therein gave and bequeathed to my husband William Day and to John Stollard and Joseph Reeve therein described their executors and administrators £1000 capital stock in the new 4% annuities (since the will converted by Act of Parliament into the new £3-10s percent annuities) in trust to pay to me the interest thereof during my life for my separate use and after my decease upon trust to pay the same or any part thereof to such persons and in such proportions as directed by my last will and testament. And whereas the said Martha Perkins made a codicil to her will dated 3 December 1831 and thereby appointed John Raynolds gentleman therein described to be an executor in place of John Stollard who was then dead but did not thereby revoke or alter the said bequest. And whereas the said Martha Perkins departed this life on or about the 3rd day of June last and the said will and codicil have been duly proved by my husband William Day Joseph Reeve and John Raynolds. And whereas the sum of £1000 new £3-10s percent annuities has been transferred by the executors to the Bank of England , by the powers given to me in the above recited will I direct the same with the accrued interest to be transferred upon trust to my husband William Day, my son John Day of Jesus College Lane, Oxford, ropemaker and Thomas Smith of Newport Market, Long Acre, Co. Middx, butcher the son of Mr. Smith of George Street, Oxford, butcher. I also give to the aforesaid trustees all my property and effects whatsoever in trust. The Trustees to pay to my husband William Day all the interest on the trust fund during his natural life. And after his decease one fifth part to my son John Day for his own use. The remaining four fifths part in trust for my 4 daughters Mary the wife of Edward Whitbread, Ann the wife of Henry Sides, Harriet Day and Martha Day in equal shares for their own use exclusive of any husbands. And if my son or any of my daughters should die before their share of becomes payable leaving issue who shall survive me and my husband and reach the age of 21 years, then my trustees shall stand possessed of such share in trust for such issue if more than one as tenants in common such issue to take per stirpes and not per capitor the share which their parents if living would have been entitled to. The annual income arising during the minority of such issue to be used for their education or maintenance. The trustees are empowered to apply up to one half of the capital to which such issue are presumptively entitled towards their advancement or if needs be to the maintenance of such minor. If my son or any of my daughters die without leaving issue reaching the age of 21 years at the time of the death of my husband and myself then their share to be applied in the same manner as in the trusts previously described for the remaining shares. I appoint William day, John Day and Thomas Smith as my executors and give £10 to Thomas Smith for the trouble he will have in executing the trusts of this my will. Signed Ann Day 30th October 1837. Witnessed W. Langley, Charles Langley Charlotte Street, Bedford Square. Proved at London 31 August 1842 by the oath of John Day the son one of the surviving executors to whom administration was granted limited as far only as concerns all the right title and interest of the deceased in £1000 new four percent annuities (now new three and a half percent annuities) or the stocks funds and securities whereon the same may now be invested and the interest thereon which by the will of Martha Perkins widow deceased which she had a right to dispose of and has disposed of by her will and all advantages to be had therefrom but no further or otherwise or any other manner whatsoever. He having been first sworn duly to administer. Power reserved to Thomas Smith the other surviving executor